×The speech of the court at the 2012 citywide petition work conference

Strengthening the Consciousness of Letters and Visits, Deepening Mechanism Innovation

Fully build the pattern of complaints and complaints

-- Speech by our hospital at the 2004 citywide petition work conference

In recent years, under the guidance of the leaders of the municipal party committee and the higher courts, we have conscientiously implemented the central government's spirit of a series of instructions on strengthening letters and visits. We have begun to strengthen the awareness of letters and visits and actively explore new mechanisms for adapting to complaints and complaints in the new and new situations. Initially formed a new situation of focusing on the reception of letters and visits, focusing on establishing a long-term mechanism and promoting a benign circle of letters and visits. Our main approach is:

1. Deepen understanding and earnestly enhance the sense of responsibility and urgency of doing a good job in letters and visits

For a long time, many of our comrades have some unilateral understanding of the work of letters and visits. They believe that complaints and petitions are appendages of trial work. The tendency to re-evaluate light letters and visits is obvious. Even people think that appealing petitions is deliberately difficult to find, it is unreasonable. Wrapped around. The deviation of ideological understanding has restricted the work of petitions and complaints, and the complaints and petitions of the parties have brought heavy pressure and burden to the court work. Faced with the increasing total number of letters and visits, repeated visits and cross-level visits until the grim situation of Beijing visits has become more prominent. On one hand, we lament that the issue of letters and visits is "the first difficult thing in the world", and on the other hand, it has almost fallen into a passive situation that is difficult to crack. In this embarrassment and confusion, in the second half of 2003, the party group of our school re-positioned the complaints and complaints from the following four aspects through profound reflection.

Complaints and petitions are the basic litigation rights of the parties. According to the provisions of our Constitution and laws, national citizens have the right to appeal and accuse. The people's people went into the court to "sue a lawsuit" and sought judicial relief, which is a difficult choice under the last resort. The parties' complaints against the effective referee and appealing letters and visits are not only the exercise of the lawsuit rights granted by law, but the vast majority are for fairness and justice, not for the shackles. The people's courts should respect the rights of the parties, be sympathetic to the difficulties of the parties, and pay attention to and do a good job in the work of letters and visits.

Doing a good job in complaints and complaints is an important part of the people's courts to implement justice for the people. Judicial for the people is the concrete manifestation of "building the party for the public and governing for the people" in the judicial work. The work related to petitions and complaints is closely related to the interests of the people. It is really solving the "difficulty of complaints" reflected by the parties, and effectively handling the letters and visits. Basic requirements.

Doing a good job in petitioning and petitioning is an important measure to maintain social stability. If the party is not accepted and properly handled in time, it may be entangled, petitioned, and even acted excessively, causing instability. The people's courts solve the problems reflected by the parties through letters and visits, and carry out legal publicity and education, which can effectively resolve conflicts, calm disputes, and promote and guarantee the harmony and stability of social order.

Doing a good job in petitioning and petitioning is a major event that affects the image of the court. The understanding and evaluation of the court by the people and the community often begins with a focus on the case. If the mistakes in the trial and execution of the case are not corrected in time, the unreasonable appeal will not be rejected in time, and it will inevitably detract from the fair image of the people's court. In this sense, letters and visits are a "barometer" for measuring the work of the courts. Doing a good job in letters and visits is the image project of the court.

Based on the above understanding, this year, the party group of our hospital regards the complaints and complaints work as an important part of the court work, and puts it on the same level as the trial work. It is related to the vital interests of the people and affects the overall image of the court. Grab the big things for the people's effectiveness.

Second, focus on the reception of letters and visits, and build a work pattern of large letters and visits

The complaints and petitions are characterized by litigation, judicature and diversity. Generally speaking, they are based on individual cases. However, the volume is wide-ranging and reflects the problems existing in the work of the court. It involves the overall situation of the court work and requires the participation of all levels and departments. Responsible for common and joint solutions. Based on this, the hospital has made the petition visit as the main link to strengthen the letter and visit awareness of all the judges, construct the pattern of large letters and visits, and handle the letters and visits, and gradually establish the "four modernization" mechanism of letters and visits.

Reception is regular. It is a duty of the filing court to clarify the reception of the petition, and set up two petition reception windows for the petition reception room of the hospital and the petition reception room of the municipal party committee. Every Friday morning is fixed as the Dean, the President’s Reception Day, and the Dean and the President’s Reception Week of one week each month. The leaders of the hospital and the main business president take turns to visit the people in two “windows”. The arrangement of reception arrangements will be formulated half a year in advance, and will be decomposed to the leaders and presidents of each hospital day by day. The day before the responsibility day will be reminded by the petition office. Basically, the reception room of the hospital will be received all day, and the reception of the municipal party committee will not be absent. The door.

Reception specialization. In order to meet the requirements of a wide range of complaints and complaints, we have selected three judges who have engaged in various criminal, civil and administrative trials, and have rich experience in trials and social experience, and serve as full-time petitioners. At the same time, in response to the characteristics of complaints and complaints, the hospital has formulated special procedures such as the "Petitions for Letters and Visits" and "Planning for Letters and Visits", and developed special software, which provides for the registration of letters, the handling of cases, and the timely response to petitions. The special program has realized the special person reception, special person review, special person adjustment, special collegiate court review, special person reply, all links are limited, and the petition reception has realized professional operation.

Reception is dynamic. While conscientiously implementing the system of reception of the president, the president, and the system of letters and visits by the president, we have implemented a monthly notification of letters and visits and a regular report system for major letters and visits. We hold a monthly meeting of the presidents, special analysis of letters and visits, and research visits. Handling and implementation of the case. We also stipulate that all new staff members of the Intermediate People's Court must first engage in petition work for more than one year; the middle-level deputy of the business court to be promoted must first work for 3-6 months in the case of filing a petition, thus forming a multi-level dynamic pattern.

Reception culture. Adhere to people-oriented, warm and civilized reception. Air conditioners were installed in the petitions and places, equipped with tables and chairs, pens, water dispensers, newspaper racks, reading glasses, etc., and various litigation materials were printed for free by the parties. At the same time, petition staff were required to do "five ones" and "Six equality." “Five Ones” means having a smile, a greeting, a chair, a cup of tea, and convenience for the visiting people. “Six Equality” means that the complainant and the respondent treat the victim equally, and the living and the acquaintance are treated equally. Local people and other people are treated equally. Some people have introduced equal treatment with no one, and they have treated "wearing shoes" and "wearing sandals" equally. They are not noisy and noisy and noisy. In addition, we have also set up a special petition fund for petitions. The hospital allocates 20,000 yuan a year to provide judicial assistance to the parties to the petitions who have difficulties in life, and demonstrates humanistic care.

Third, highlight the long-term mechanism construction and promote a virtuous cycle of petition handling

The petition involving complaints is different from the administrative petition. It is not only litigation, but also has a long-term existence. Only by thoroughly studying the law of complaints and complaints, establishing and improving a long-term mechanism to ensure that each petition case can be processed in a timely and effective manner can promote a virtuous circle of letters and visits. To this end, we mainly made the following attempts:

Established a strict initial response processing system for initial letters. Correct and timely handling of the initial visit of the letter is the first step in doing a good job in the letter and visit. It can prevent the letter from being converted into a visit, the initial visit of the initial letter into a repeated petition, the next level of petition and the formation of petitioning old households. For this purpose, we have formulated the Interim Measures for the Processing of Letters and Visits. We will seriously treat and handle the initial visits to the letter in accordance with the requirements of warm reception, strict examination, time-limited processing, and component response. In view of the malicious petitions of some of the principal agents, we stipulate that only the parties or their legal representatives will receive the first visit in person. At the same time, the letters and visits are subject to trial and execution, reflecting the violation of laws and regulations of the judges and not belonging to the court or the court. They are diverted to the trial court, the discipline inspection and supervision department and other relevant departments for review, and are processed within a limited time. party. In order to ensure that the initial visit of the initial letter has been completed, the parts are limited, and the parts are answered. In order to improve the quality of the initial reception of the initial letter, we have also formulated the "Appointment Reception System". In accordance with the principle of "who is in charge, who will undertake and who will handle it", after the receptionist extracts the contents of the petition and fills in the reservation reception card, he and the appeal are visited. The person is scheduled to be received by the corresponding hospital leader and business court president to improve the "matching" and success rate of the initial visit.

A scientific system for the separation of letters and visits has been established. In order to reasonably define the letter-and-responsibility responsibilities between the departments of the hospital and between the upper and lower courts, and to achieve overall linkage, we first implement the case letter-visiting and term-responsibility system within the court. That is, if the parties complained about petitioning within six months after the termination of the trial, the original contractor will be responsible for reviewing and handling, so that they can directly face the complaints of the parties, spontaneously initiate the motivation of rectification, and cultivate their people-oriented awareness and petition responsibility. Secondly, the courts in the city have strictly implemented the work system of “graduate responsibility, centralized management” and territorial management. The complaints against the parties are first reviewed by the court that made the effective judgment. Anyone who is a petitioner or a long-term petitioner will be properly reconsidered by the court to do a good job in solving the problem of petitioning at the grassroots level and digesting it locally.

Established a strict petition handling process management system. In accordance with the requirements of “one visit, one case, one case, one volume, one volume, one volume and one file” and “receiving deadlines, processing deadlines, and closing deadlines”, we formulated the “Petition Processing Process Management Measures” in May this year. 》, on the letter of visit, registration, preliminary trial diversion, filing review, hearing review, archival assessment and other aspects, clear operational steps, responsible departments, handling responsibilities and deadlines, the implementation of "flow-through" dynamic process management, while introducing The supervision and restraint mechanism such as supervision and quality appraisal has changed the situation of “no registration, no deadline, no assessment, no file” in the past letters and visits processing, ensuring that the processing of letters and visits is interlocking, timely and efficient.

Established a "four in one" petition handling mechanism. The first is to change the guiding ideology. Our principle of filing a case for complaints and petitions has been overemphasized to limit retrial and maintain res judicata. It has been changed to focus on appeals and to resolve complaints. As long as the parties’ complaints and executions are wrong, they will resolutely initiate legal procedures to correct or remedy them. The second is to implement a complaint hearing. While incorporating the appeal case into the process management, it is generally necessary to organize the public hearing of the complainant and the respondent in the appeal case, which reflects the litigation characteristics of the appeal review work, enhances the transparency and impartiality of the review work, and strengthens the mediation. And coordination. Mediation as a main working method throughout the review and retrial, and try to urge the parties to "know and talk." Although the complaint is unreasonable or the complaint is not handled by the court, but the parties have difficulties to solve, we take the initiative to coordinate and ask the relevant departments to effectively solve the problem for the parties. For example, Qi Fuxiu complained to the court because of the disapproval of the contract for the construction of the contract. In the review, on the one hand, we made the mediation work of both parties through repeated and meticulous efforts, and the two parties reached a settlement agreement; on the other hand, the active and property rights departments Coordination, help 匡 solve the difficulties of obtaining permits, and Fu Fuxiu took the initiative to appeal. In the first half of this year, we passed the mediation and coordination to enable the four petitioners to have a thorough visit. The fourth is the unreasonable entanglement system. After the complaints and petitions are handled according to the legal procedures, if the original referee is correct, there is no problem to solve, and the parties are continually stalking. After the trial committee determines, they will no longer be included in the scope of the visit and report to the relevant departments for filing. Embody the end of the legal relief program.

Implement information management of complaints and petitions. Based on the built regional network, we commissioned the software company to develop a complaints and petition processing system, which was listed as three information management systems along with the original trial management system and automated office system. The system has functions such as case inquiry, registration, filing, and information aggregation. The filing room and the petition reception room are equipped with special computers to realize the information management of complaints and petitions. After the practical information management, as long as you enter the system during the visit, the important contents of the filing time, the number of visits, the reflection questions, and the reply processing of each complaint and petition case are clear at a glance.

As we have seized the reception work and long-term mechanism, the quality and efficiency of the visit have been significantly improved. In the past year, our hospital received a total of 1,130 letters from the hospital, and the response rate reached 90%. 164 cases were reviewed and reviewed, including 23 cases of retrial and correction, so that a group of petitioners complained.

Leaders, China is currently in a period of great change and great development, changes in economic structure, the alternation of old and new systems, and the adjustment of interest patterns. A large number of social contradictions have gradually become prominent and are constantly reflected through channels of letters and visits. The people's court is the last line of defense to resolve social contradictions. The changes and developments in the country's letters and visits are bound to be the most prominent, sharpest and most concentrated in the petitions. The petition work of the court will face a severe situation for a long period of time. The number of petitions and complaints will be at a high level, and it is likely to rise in a certain period. The multi-faceted and deep-seated social reasons determine that the courts have a long way to go. Although our hospital has made some useful attempts in the work involving the lawsuit, there is still a gap between the requirements of the municipal party committee and the expectations of the people and the community. We will use the Dongfeng of this meeting, combined with the actual work of the court's petition work, conscientiously implement the spirit of the meeting, and do a better job in handling complaints and petitions.