Report on the Work of the Supreme
People's Court
Delivered at the Second Session of the Twelfth
National People's Congress on March 10, 2014
By Zhou Qiang, President of the
Supreme People's Court
Fellow Deputies,
On behalf of the Supreme People's Court (SPC), I now present to you the report on the work of the SPC for your deliberation, and I welcome comments on my report from the members of the National Committee of the Chinese People's Political Consultative Conference (CPPCC).
Review of Work in 2013
In 2013, the SPC, under the strong leadership of the Central Committee of the Communist Party of China (CPC) with Comrade Xi Jinping as General Secretary, and under the effective supervision of the National People's Congress (NPC) and its standing committee, closely centered on the goal of 「letting the people to feel fairness and justice in each judicial case,」 adhered to serving the overall situation, administrating justice for the people and maintaining judicial fairness, performed the duties conferred by the Constitution and laws faithfully, and made new progress in all the work. During the year, The SPC accepted and heard 11,016 cases of various types, up 3.2% over 2012, and concluded 9,716 cases, up 1.6% over 2012. Local people's courts at various levels accepted and heard 14.217 million cases of various types, up 7.4% over 2012, and concluded and enforced 12.947 million cases, up 4.4% over 2012. It made a positive contribution to promoting safety and rule of law in the country, by fully performing its functions.
I.Punishing crimes, Protecting Human Rights and Resolving Contradictions in accordance with Laws to Safeguard Social Harmony and Stability
——Punishing the crimes of endangering national security and social stability in accordance with laws. The people's courts at various levels concluded 954,000 criminal cases of first instance, and convicted 1.158 million criminals. The people's courts severely punished the crimes of endangering national security and public safety through inciting to split the country and launching violent terrorist attacks, and of greatly threatening the safety of people's lives and properties. The people's courts concluded 250,000 cases of severe crimes, including homicide, robbery, kidnapping, explosion, rape, the trafficking in women and children, and organized crime committed by Mafia-like gang. A total of 325,000 criminals involved in these cases were convicted and punished. The SPC issued guidance jointly with other organizations concerned to punish according to law the crimes of sexual aggression against children and the crimes against campus safety, and to strengthen juvenile protection. The SPC published a judicial interpretation on handling the criminal cases of theft, racketeering and looting. The people's courts at various levels concluded 303,000 criminal cases of property violations and convicted 398,000 criminals in total. It released judicial interpretations on handling criminal cases of picking quarrels and provoking troubles, and fabricating and spreading false terrorism information, guided local courts to correctly hear the relevant cases, and punished the crimes of disrupting public order according to law. It also published a judicial interpretation on handling criminal cases of defamation on the Internet, unified the application of laws, and fought against the crimes of starting and mongering rumors through networks, to maintain a sound network environment. It punished the illegal and criminal acts of disrupting the medical order according to law, and effectively protect the legitimate rights and interests of medical staff and patients. It clarified the identification criterion of 「drunk driving」. The people's courts at various levels concluded 90,000 criminal cases involving dangerous driving. Meanwhile, they also took an active part in anti-drug campaign, with 95,000 drug-related crimes concluded and 99,000 criminals convicted. The SPC shared no efforts in the review of death sentences by being stringent with the facts, evidence and legal provisions relating to the cases, to ensure that the death penalty shall only be applied to a very small number of criminals who have committed extremely serious crimes.
——Punishing the crimes of economic offences, embezzlement, bribery and dereliction of duty according to law. The SPC issued guidance opinions on handling criminal cases of organizing and leading pyramid selling. The people's courts at various levels concluded 50,000 cases of economic crime involving pyramid selling, smuggling, money laundering, illegal fund-raising, financial swindling, insider trading, and business bribery, and convicted 69,000 criminals. The people's courts gave full play to the function of criminal justice in cracking down corruption, intensified fight against the crimes of embezzlement and bribery. 29,000 cases involving embezzlement, bribery and dereliction of duty were concluded, with 31,000 criminals convicted, including several high-profile cases, such as the case of bribery, embezzlement and abuse of power by Bo Xilai, and the case of bribery and abuse of power by Liu Zhijun. All these efforts further promote the anti-corruption struggle in depth.
——Punishing the crimes of endangering food safety and environmental pollution in accordance with law. The SPC actively responded to the concerns of the people, issued a judicial interpretation on handling the crime of endangering food safety. The people's courts at various levels concluded 2,082 related cases and convicted 2,647 criminals in total. The SPC issued a judicial explanation on handling criminal cases of polluting the environment, and intensified the punishment on the crime of polluting the environment. It also disclosed several typical criminal cases, including the case of Wang Changbing who produced and sold poisoned food, and the case of Hu Wenbiao and Ding Yuesheng who threw hazardous substances to contaminate the environment, so as to forcefully deter criminal offenders.
——Resolutely preventing and correcting wrongful convictions. The SPC respected and protected human rights, adhered to the principles of legality, evidence judgment and presumption of innocence, and strictly excluded illegally obtained evidences. The people's courts at various levels acquitted according to law 825 people for lack of evidence and reasonable doubts, and ensured innocent people from being subject to criminal sanctions. The people's courts further strengthened communication with lawyer associations, highly valued the issues reflected by the lawyer associations and lawyers, respected and guaranteed lawyers to perform their duties according to law. The people's courts took resolute measures to correct several major unjust, false and erroneous cases in accordance with law, such as 「the case of rape and murder by Zhang nephew and uncle,」 and learnt profound lessons from them. Meanwhile, The people's courts strengthened evidence review, made the court hearing fully functional, divided work with the public security and procuratorial organs for cooperation and mutual restriction, established and improved a working mechanism preventing unjust, false and erroneous criminal cases, and defended the bottom line of preventing wrongful convictions.
——Properly resolving social conflicts. The SPC adhered to the principles of legality and voluntariness to regulate judicial mediation. The people's courts at various levels handled 4.798 million cases through mediation and withdrawal of lawsuits. The SPC supported arbitration institutions to well function according to law, and 133,000 arbitral awards were concluded and enforced. It strengthened mediation for civil claims annexed to criminal cases, improved the assistance system for criminal victims, and protected the legitimate rights and interests of the victims. It actively participated in social governance, improved court-annexed ADR, strengthened pre-litigation mediation, upheld and developed the 「Fengqiao Experience」, guided and supported mediation among the people. In result, a great deal of disputes can be resolved at the grassroots and before litigation, so as to promote social harmony.
II.Hearing Economic Cases according to Law to Promote Healthy and Sustainable Economic Development
——Strengthening commercial adjudication. The SPC equally protected the legitimate rights and interests of all kinds of market entities according to law, and provided judicial guarantee to speed up transformation of economic development patterns, and make economic progress while maintaining stability. The people's courts at various levels concluded 3.957 million commercial cases of first instance. The SPC issued a judicial interpretation on enterprise bankruptcy law to standardize bankruptcy procedure, and guarantee creditors to have fair compensation. The people's courts at various levels concluded 1,998 cases of enterprise bankruptcy. Meanwhile, the SPC also issued judicial interpretations on the insurance law and export credit insurance. The people's courts at various levels concluded 714,000 financial dispute cases concerning insurance, securities and bills. Moreover, the SPC further enhanced judicial response to new situations and problems emerging in economic and social development, seriously studied legal issues serving the real economy and private lending, duly put forward judicial suggestions, and actively prevented and precluded risks.
——Strengthening intellectual property rights adjudication. The people's courts protected the patent rights, copyrights and trademark rights according to law, intensified judicial protection of Internet intellectual properties rights, cracked down unfair competition and monopoly according to law, to maintain a sound market environment for fair competition, and to promote the construction of the national innovation system. The people's courts at various levels concluded 100,000 cases of first instance on intellectual properties. The courts were also actively involved in the specific action of cracking down on infringement of intellectual properties, and manufacturing and selling of counterfeit goods, published white paper and typical cases on judicial protection of intellectual properties, and established a sound image of China in judicial protection of intellectual properties.
——Enhancing Maritime Trials involving Foreign Parties, Hong Kong, Macao, Taiwan and Overseas Chinese, and Strengthening Judicial Exchanges and Cooperation. The people's courts gave equal protection to the legitimate rights and interests of the parties involved from home and abroad, to facilitate development of the open economy. The people's courts at various levels concluded 5,364 foreign-related commercial cases of first instance, 15,000 cases involving Hong Kong, Macao and Taiwan, and 11,000 cases of maritime affairs and maritime commerce. The people's courts properly heard cases on maritime pollution and resources development, to effectively safeguard maritime rights and interests of the country. The people's courts attached great importance to the adjudication of cases involving Hong Kong, Macao, Taiwan, and overseas Chinese, and safeguarded the legitimate rights and interests of compatriots from Hong Kong, Macao, Taiwan, and returned overseas Chinese and their relatives. The courts actively launched judicial exchanges and cooperation with Hong Kong, Macao, Taiwan and other countries, promoted the convening of the second Cross-Strait & Hong Kong, Macao High-level Judicial Forum in Taiwan, and handled 13,000 international and regional judicial assistance cases including service of documents, taking of evidence, and judgment recognition.
III.Adhering to Justice for the People, and Safeguarding Legitimate Rights and Interests of the People according to Law
——Improving civil adjudication. The people's courts endeavored to safeguard and improve people's livelihood in conformity with law. The people's courts at various levels concluded 3.554 million civil cases of first instance. The SPC issued judicial interpretations on the trials of labor dispute cases and food and drug dispute cases, and guiding opinions on intensifying judicial protection of consumer rights and interests. The courts at various levels concluded 537,000 cases relating to personal injury, labor employment, education, medical treatment, housing and consumption. The SPC highly valued the issues of agriculture, farmers and rural areas, protected the rights and interests of farmers, promoted agricultural development, and concluded 203,000 cases involving transfer of rural land use rights, house site disputes, and defaults of migrant worker salaries. It also emphasized the protection of legitimate rights and interests of rural left-behind elderly, women, children, and the disabled, and concluded 1.612 million cases of marriage, family, child-raising and inheritance to promote family harmony. The courts concluded 2,464 cases of resources development and environment protection, promoted environmental non-profit litigations, and facilitated construction of beautiful China. We paid high attention to safeguarding the legal rights involving the army, hearing cases involving the army, improving the judicial organs and working mechanism for the cases involving the army, and effectively safeguarding the interests of national defense and the legitimate rights and interests of the servicemen and their families.
——Improving administrative adjudication and state compensation. The people's courts heard administrative proceedings pursuant to law, effectively protected legitimate rights and interests of the citizens, legal persons and other organizations, and promoted administrative departments in exercising their functions and powers in accordance with law. The people's courts at various levels concluded 121,000 administrative cases of first instance. Meanwhile, The people's courts also properly heard housing demolition administrative proceedings of high social concerns, protected legitimate rights and interests of the removed according to law, and supported the local governments to improve environment and develop economy. The people's courts enhanced the coordination for administrative cases and the enforcement for non-lawsuit administrative cases to facilitate the settlement of administrative disputes. The people's courts duly provided feedback to the administrative organs on prominent issues of administrative law enforcement found in the course of case hearing, in order to promote positive interaction between the judicial and administrative organs. The SPC worked with the Ministry of Justice to promulgate an opinion on strengthening legal aid for state compensation, to guarantee that the impoverished people exercise their rights claiming for compensation according to law. The SPC issued a judicial interpretation on the application of cross-examination procedure in the trial of state compensation cases so as to ensure state compensation procedure open and transparent. The people's courts at various levels concluded 2,045 cases of state compensation, involving 87.352 million RMB of indemnity.
——Resolving the appeals of the people who initiated litigation-related petitions through letters and visits pursuant to law. The people's courts strengthened the concept of the masses, intensified governance at the source, established long-term mechanism, shifted the work priority to the community level, and continually improved litigation-related petitions through letters and visits. The SPC set up the circuit supervision collegial panel and toured the country with cases to facilitate solving cases on the spot. The people's courts at various levels received 539,000 petitioners, down 10.2% year on year. The SPC promoted the reform of the working mechanism for litigation-related petitions, improved the mechanisms of 「separating litigations from petitions」 and case settlement, and encouraged the third party including lawyers to participate in the process of resolving litigation-related petitions. The SPC reinforced supervision of adjudication, safeguarded the rights of the parties involved for petitions and the application for retrial. The people's courts concluded 116,000 petition cases and the applications for retrials, retried 30,000 cases according to law, and changed 1,415 original verdicts which were wrong in original judgments or due to other statutory circumstances, accounting for 0.09% of the effective judgments.
——Focusing on resolving the problem of difficult enforcement. The people's courts at various levels accepted 2.989 million enforcement cases, with 2.718 million enforced effectively, up 14% and 10.2% respectively year on year. Among them, 21,000 cases involved government organs and institutions, valuing 25.6 billion RMB. The SPC launched a special program for the enforcement of cases relating to people's livelihood at the end of 2013, concluding 30,000 cases amounting to the value of 1.14 billion RMB. The SPC established a name list of the faithless persons subjected to execution, and exposed them to the public. Under the support of the Central Civilization Affairs Office, Ministry of Public Security, State-owned Assets Supervision and Administration Commission, State Administration for Industry and Commerce, China Banking Regulatory Commission, State Civil Aviation Administration, and China Railway Corporation, 72,000 faithless persons subject to enforcement were disciplinarily punished, among which around 20% fulfilled their duties in awe of credit punishment. The SPC fully promoted construction of the point-to-point network monitoring enforcement mechanism with other departments assisting in case execution, including financial institutions, land and resources administration organs and administrations of industry and commerce, with the aim of intensifying anti-circumvention enforcement. The SPC further facilitated the construction of the enforcement command center, integrated enforcement resources, and improved enforcement efficiency. The SPC brought forth a new auction mode for enforcement, in which we held judicial auctions through the Internet to reduce auction costs and raise the rate of amortization.
——Easy access to justice. The SPC promoted a series of work including litigation guidance according to circumstances, appointments-making to file a case, electronic service of documents, circuit case handling, and remote video court hearing. The SPC further standardized the service for case-filing and petition through letters and visits, and endeavored to make people easy access to justice in every stage covering case-filing, trials, enforcement, and petitions. The SPC drove on the construction of people's tribunals for the convenience of people to make lawsuits nearby. The SPC further enhanced the work of risk tips and questions answering after the trials, to guide the parties to a rational lawsuit. The SPC determined to hear simple cases with summary procedure, to alleviate litigation burdens of the parties involved. It also took sweeping measures for judicial remedies. The people's courts at various levels mitigated 190 million RMB legal costs for the parties involved in real difficulty.
IV.Deepening Judicial Openness and Promoting Judicial Fairness
——Intensifying open court trials. The SPC actively carried forward justice in sunshine, released case facts, verdict evidences, debate viewpoints, and grounds of decisions in a comprehensive and objective way, so as to facilitate people's understanding of judicial adjudication, and manifest civilization and dignity of rule of law. It set up China's Court Trial Live Broadcast Network, and made 45,000 live broadcasts of court trials in people's courts at various levels. The SPC live broadcasted court trials of socially concerned high-profile cases, for instance, Jinan Intermediate People's Court brought on a complete live broadcast via microblog for the court session of Bo Xilai case, which got favorable result.
——Speeding up online publishing of written judgments. The SPC promulgated the regulation governing people's courts to publish written judgments on the Internet, and set up the China Written Judgments Network. Since then, 3,858 effective SPC written judgments and 1.646 million effective written judgments of local people's courts at various levels have been disclosed on the Internet, which fully display the role of written judgments in spreading legal knowledge, guiding social custom, regulating public behavior, establishing correct orientations, and delivering positive energy of rule of law, while facilitating the improvement of professional competence and judicial level of judges.
——Bringing forth new forms of judicial openness. The SPC endeavored to reinforce the construction of three platforms for open trial procedures, open written judgments and open enforcement information, fully carried forward openness in case-filing, court trials, execution, hearing, documents and judicial affairs, to prevent black box operation. The SPC enhanced the construction of its official affairs website, and opened the SPC official accounts on Sina Microblog, WeChat and news terminals, and established the 「national court Microblog release hall」 to timely issue trial execution information to the public, and facilitate the people to acquaint with court work through the new media. The SPC also launched the theme open day activity, and invited NPC delegates, CPPCC members, the public and minors to go into courts and approach judges to experience court work at a zero distance.
——Providing technical support for judicial openness. The SPC formulated a five-year plan of information-based construction in people's courts, carried forward the construction of a nationwide court information network, known as 「Scale Project」, to comprehensively elevate the information-based level. The SPC developed technology tribunals and promoted whole-course audio and video recordings of court trials. The SPC set up the information management center, facilitated integrated use of judicial information resources at the four levels of courts, and provided technological guarantee for deepening judicial openness.
V.Carrying Out Judicial Reform, Intensify Supervision and Guidance, and Improving Judicial Performances
——Reforming the trial operating mechanism. The SPC actively carried forward the reform of the jurisdiction operating mechanism, and the reform of litigation-related petition work mechanism. It cooperated with other organs to annul the system of re-education through labor, and explored to establish summary procedure for handling minor criminal cases. It guided to establish special tribunals in supply of judicial guarantee and services for the operation of Shanghai Free Trade Pilot Zone. It supported Hengqin of Zhuhai City and Qianhai of Shenzhen City to experiment with establishing new operating mode of courts. It carried forward standardization of sentencing, formulated guiding opinions on common crimes sentencing, and promoted open, transparent, fair and just sentencing.
——Reinforcing the work of people's juror assessors. The SPC carried forward judicial democracy, and expedited channels that ensured the public to participate in and supervise judicial work according to law. The people's courts at various levels organized people's assessors to participate in the trial of 1.695 million cases, accounting for 73.2% of trials of first instance in common procedure. The SPC launched the Multiplication Program of people's assessors, and appointed 38,000 more new people's assessors. It standardized the modes and procedures governing people's jurors to participate in trials, enhanced training, and elevated people's juror capacity to fulfill their duties. It submitted a special report to the NPC Standing Committee on the work of people's assessors and earnestly implemented the deliberation opinion, to facilitate healthy development of people's assessors system.
——Strengthening supervision guidance and judicial management. The SPC formulated opinions on carrying out justice for the people, enhancing judicial justice, and improving judicial credibility, supervised and guided local people's courts at various levels to improve trial quality and efficiency. It actively formulated and sorted out judicial interpretations, issued 28 judicial interpretations, which fully displayed the role of judicial interpretations, promoted reform and development, guaranteed people's rights and interests, and promoted social progress. The SPC also released 14 guiding cases, and unified judicial standards for the same type of cases. The SPC beefed up case quality assessment and trial limit management, standardized management of commutation and release on parole, strictly implemented the application conditions and procedures for temporarily serving a sentence outside prison, and promoted judicial fairness and efficiency. In total, 91.1% of those standing trial of first instance accepted judgments, and did 98.6% of those brought to trial of second instance.
VI.Insist on strict management and strengthen construction of court team
——Carrying out solidly the Party's mass line education and practice activity. The SPC earnestly studied the series of important speeches of General Secretary Xi Jinping, and strengthened the aim consciousness and the concept of the mass. The SPC adhered to opening the door for activities, and seriously listened to people's opinions and suggestions through going deep to the community for investigation and publicly soliciting opinions. The SPC strictly implemented the 「Eight-point Regulation」 of the Party Central Committee, enhanced improvement of the judicial work style, publicly exposed cases of disciplinary violations, and resolutely rectified formalism, bureaucracy, hedonism and extravagance existing in people's courts. The SPC established 31 rectification measures around prominent issues the public most concerned in case-filing, trials and execution, and achieved substantive results for the stage.
——Strengthening the construction of disciplinary working style and anti-corruption. The SPC carried out concentrated education on judicial integrity, notified investigation and punishment of four judges from Shanghai High Court for discipline and law violations, and warned and educated court personnel with the negative cases. The SPC put forward an opinion on further strengthening disciplinary working style construction, and adhered to strict education, management and supervision of the court team. The SPC promulgated 「Ten Bans」, and made special examination of the implementation of the 「Eight-point Regulation」 of the Party Central Committee. The SPC carried out a special campaign rectifying violation in allocation and use of public cars, and put an end to part-time jobs of court officials and judges in enterprises and public institutions. The SPC actively launched judicial inspection and trial supervision. The SPC improved the risk prevention and control mechanism for clean courts, strengthened system constraint, and improved the supervision defensive line featuring 「early warning in advance, supervision in the process, and investigation and punishment after the event.」 The SPC strictly implemented the 「Five Bans」, and effectively enhanced investigation and punishment of discipline and law violations. Liu Yong, former secretary general of the SPC Investigation and Punishment Advisory Committee, was transferred to the judicial organ for suspected bribery. People's courts at various levels investigated and punished 381 court staff for abusing the judging and enforcement power, 101 of whom were prosecuted.
——Improving the political and professional competence of the court staff. The SPC intensified ideal and belief education, and always maintained firm political direction. The SPC promoted systematic management of judicial staff and job sequence reform of judges and court clerks, and improved the mechanism of recruiting and selecting judges. The SPC selected chose high-level talents from law schools and lawyers to improve the staff structure. The SPC trained 365 new presidents and 510,000 judges and other staff for intermediate and grassroots courts. The SPC appointed excellent judges to make circuit lectures in 12 provinces in the central and western regions, trained judges in bi-lingual courses in ethnic minority areas, and enhanced assistance to courts in Tibet, Qinghai and Xinjiang. The SPC gave a full play to the role of models including Song Yushui, Chen Yanping, Zhan Hongli and Zhai Shuquan, to inspire all judges to practice judicial justice for the people. The central government departments commended 430 collectives and 451 individuals from people's courts at various levels.
VII.Taking the Initiative to Accept Supervision, and Keeping Improving Work
——Consciously accepting the NPC's supervision. The SPC earnestly reported work to the standing committee of the NPC, actively cooperated in special investigations and examination of law enforcement, and seriously listened to opinions and suggestions of the standing committees of the people's congresses of various provinces, autonomous regions and municipalities. In accordance with the requirements of the NPC Standing Committee, the SPC strengthened filing and sorting of judicial interpretations, and abolished 558 judicial interpretations and normative documents. Following the conclusion of the first session of the 12th NPC, the SPC carefully studied the deliberation opinions of the NPC delegates, and made rectification and implementation item by item. The SPC increased routine communication with the NPC delegates, voluntarily informed them the work of the SPC, established an online platform for communication with the NPC delegates and CPPCC members, invited them to join inspections, surveys and observe court trials, and paid visits to NPC delegates to listen to their views. The SPC seriously handled 189 proposals of the NPC delegates, and constantly improved the work of the people's courts in an all-round way.
——Earnestly accepting democratic supervision from the CPPCC, democratic parties, Federation of Industry and Commerce, and non-party personages. The SPC voluntarily notified the CPPCC on the work of the court, and handled 84 proposals submitted by the CPPCC members. It enhanced communication with the democratic parties, Federation of Industry and Commerce, and non-party personages through visits, surveys, seminars, and joint research of major subjects.
——Positively accepting litigation supervision from procuratorial organs. The SPC seriously handled procuratorial suggestions from the procuratorial organs, worked with the Supreme People's Procuratorate to formulate opinions on legal supervision of death sentence review, supported and cooperated with the procuratorial organs to fulfill the duty of litigation supervision according to law. The SPC heard prosecutor-protested effective judgments in accordance with law to jointly maintain judicial justice.
——Widely accepting social supervision. The SPC improved the communication mechanism with the public and the community contact point system, opened special columns of SPC President Mailbox and Message to Justices at the SPC official website, seriously handled letters from the public, and widely listened to the opinions of the people. The SPC employed 42 special supervisors in the second term and actively listened to their opinions and suggestions. The SPC consciously accepted supervision by public opinions, and actively responded to social concerns.
Fellow deputies, the development and progress of the people's courts over the past year were attributed to the strong leadership of the Party Central Committee with Comrade Xi Jinping as the General Secretary, the powerful supervision of the NPC and its standing committee, the energetic support of the State Council, and the great care, support and assistance of the CPPCC, democratic parties, Federation of Industry and Commerce, non-party personages, people's organizations, local Party committees, people's congresses, governments and people's political consultative conferences at all levels, people from all walks of life, and NPC delegates and CPPCC members. Here, I would like to extend, on behalf of the SPC, our heartfelt gratitude!
We are keenly aware that there are still many problems and difficulties in the work of the people's courts. First, some cases are judged with unfairness and inefficiency, which harms the benefits of the parties involved and judicial credibility. Second, it remains difficult for case-filing, litigation and judgment enforcement in some people's courts, with a gap in meeting people's judicial requirements. Third, more efforts are needed to improve the system and mechanism guaranteeing people's courts to independently and fairly exercise the judicial power according to the law. Fourth, some courts are under heavy administrative management, which affects the quality and efficiency of trials. Fifth, some court officials are under heavy impacts of bureaucracy and special privilege, resulting in irregular and crude judicial acts, indifference, insolence, prevarication, deliberately creating obstacles, and extortion to concerned parties. Some even commit illegalities for personal gains, pervert justice for a bribe, to the discontent of the public. Sixth, people's courts experienced heavy workload with the sustainable growth of caseloads. Some people's courts have more cases but fewer staff, with serious brain drains and unreasonable personnel structure. Some people's courts in the western region, remote and border areas, and ethnic minority areas need further improve working conditions.
Major Tasks for 2014
This year, the people's courts will comprehensively implement the spirits of the 18th National Congress of the CPC, and the second and third plenary meetings of the 18th CPC Central Committee, study and implement the spirits of the central political and legal work conference and this session of the NPC, seriously implement the spirit of the series of important speeches of General Secretary Xi Jinping, closely center on the target of 「allowing the people to feel the fairness and justice in every judicial case,」 firmly uphold the cardinal line of justice for the people and judicial fairness, continuously deepen judicial reform, and conscientiously do all the work well in law enforcement and handling cases.
First, actively promoting the construction of a Safe China and the Rule of Law in China. The people's courts will punish severely according to law crimes threatening state security, all violent terrorist crimes including the Kunming 3 ·01 violent terrorist attack, crimes seriously endangering social security, crimes damaging military installations, so as to effectively maintain national security and social stability, and to enhance people's sense of security. The people's courts will take an active part in the fight against corruption, strengthen punishment for corruption crimes according to law, eliminate both 「tigers」 and 「flies」, maintain high pressure on the crimes of corruption, bribery and dereliction of duty, and promote the construction of clean government. The people's courts will strictly perform judicial functions according to law, safeguard the unity, dignity and authority of the national legal system, promote social equity and justice, and guarantee people to live in prosperity and contentment.
Second, providing effective judicial guarantee for deepening the reform in an all-round way. The courts will center on the important arrangements of the Party Central Committee on comprehensively deepening reform, give full play to the functions of criminal, civil and administrative trials, and hear all types of cases happening in the course of the reform in accordance with law. The people's courts will strengthen the adjudication of state-owned enterprise restructuring cases and promote state-owned enterprises to improve modern enterprise system. The people's courts will intensify protection efforts to property rights of non-state-owned enterprises, and support sound development of non-public economy. The people's courts will enhance trials of new-type cases, and guarantee smooth progress of economic system reform according to law. The people's courts will attach great importance to hearing cases of transfer of rural land contract and management rights, health care, food sanitation, social security and environmental protection, and properly resolve related conflicts and disputes. The people's courts will strengthen judicial response to new situations and problems, put forward judicial proposals in a timely manner, and establish judicial interpretations in accordance with law, to facilitate healthy and sustainable economic and social development.
Third, further strengthening justice for the people and judicial fairness. The people's courts will always adhere to the mass line of the Party, properly try cases relating to people's livelihood, facilitate easy access to justice, further solve the difficulties of case-filing, litigation and law enforcement, never let the ordinary people unable to afford lawsuits, and effectively safeguard the legitimate rights and interests of the people. The people's courts will strengthen management of trials, standardize judicial conducts, enhance supervision and guidance, and improve the quality and efficiency of trials. The people's courts will standardize the formats of written documents, intensify reasoning of written judgments, and allow the parties involved to clearly understand their victory and defeat. The people's courts will improve the mechanism for prevention and rectification of unjust, false and erroneous cases, never allow unjust, false and erroneous verdicts to be released because the law-enforcement personnel bend law for selfish ends, and protect the innocent from subject to legal liability. The people's courts will more consciously accept supervision from all walks of life and promote fairness in this account.
Fourth, actively and steadily promoting judicial reform. Under unified leadership of the Party Central Committee, the courts will press ahead with all reforms focusing on speeding up construction of a fair, efficient and authoritative socialist judicial system. The SPC will establish and implement the Fourth Five-year Reform Plan of the People's Courts (2014-2018), to serve the modernization drive of the national governance system and governance capacity. The SPC will push forward pilot reform of jurisdiction operation mechanism and de-administration in the operation of judicial authority, under the principles of enabling the judges hearing the cases to reach verdicts and bear related responsibilities. The SPC will fully promote standardization of sentencing, and unify sentencing standards. The SPC will further deepen judicial transparency, and publish according to law all the effective judgments of the SPC and the 14 provincial and municipal people's courts in the eastern and central areas on the Internet. All the other provincial and regional people's courts will realize the goal in three years. The courts will open court sessions for the cases of commutation and parole, and intensify publicity of temporary execution of sentence outside jail, to ensure open, fair and just commutation, release on parole and temporary serving a sentence out of prison. The SPC will promote the reform on litigation-related petitions through letters and visits, improve the system of applying for re-trials and acceptance of cases of prosecutor-protested effective judgments, strictly implement the procedures of ending litigation-related petitions through letters and visits, actively carry out online petitions, circuit reception of petitions and visit petitioners with cases, and properly address reasonable and lawful appeals of the people. The SPC will promote the setup of intellectual property courts and resources and environment tribunals, further improve the system of judicial protection of human rights. The SPC will earnestly study pilot projects of unified management of personnel, funding and properties in local courts under the provincial level, and explore to establish a judicial jurisdiction system properly separating from the administrative divisions and a judicial personnel management system conforming to the professional characteristics of judges.
Fifth, further strengthening team building in people's courts. The SPC will consolidate ideological and political building, practice the core values of socialism and the socialist idea of rule of law, and live up to believing in the rule of law, standing fast to the rule of law, and enforce laws impartially and incorruptibly. It will vigorously strengthen regularization, specialization and professionalization of court staff, and enhance their judicial capacity. It will strengthen guidance to local people's courts over the Party's mass line education and practice activities, improve the judicial style in a persistent way, maintain close ties with the people, firmly rectify unhealthy practices of being cold and aloof to the people, speaking to people stiffly and insolently, and shrugging off duties, deliberately creating obstacles, and extortion, indolence and extravagance, and conscientiously solve misjudged cases because of social connections, personal feelings and economic interests. It will strictly implement the misjudged case accountability system, trace back the responsibilities, and ascertain where the responsibility lies. The SPC will, with a zero-tolerance attitude and the courage of scraping the poison off the bone and wrist-breaking, resolutely punish judicial corruption, eliminate the black sheep in the court team, and strive to build a honest and upright team of people's courts who has firm belief, enforces law for the people, and faces up to responsibility.
Sixth, earnestly strengthening the basic work of people's courts at the basic level. The SPC will intensify trial-level supervision, cancel unreasonable indicators for performance appraisal, enhance guidance for trial work of people's courts at the lower levels, and help the people's courts at the basic level to improve judicial competence. It will vigorously put into force grade-by-grade selection of judges, and expand the career development space of judges at the basic level. It will strengthen judicial occupational security guarantee, give priority to the grassroots in policies and salary treatment, endeavor to solve the problems and difficulties of personnel structural faults and losses of grassroots judges, care for the physical and mental health of judges at the basic level, intensify support to the construction of people's courts in western, remote and ethnic minority areas and old revolutionary base areas, and beef up the work in support of development in Tibet, Xinjiang and Qinghai, and continue to improve the judicial conditions and environments at the basic level. It will strengthen informatization construction and analysis of trial information data, to better safeguard trials and enforcements, and meet judicial demands of the people. It will strengthen the work of people's tribunals, and give full play to the important role of people's tribunals in the innovation of social governance and promotion of social harmony and stability.
Fellow deputies, the people's courts shoulder great work responsibilities and sacred missions under the new situation. We will, under the strong leadership of the CPC central committee with Comrade Xi Jinping as General Secretary, hold high the great banner of socialism with Chinese characteristics, take Deng Xiaoping Theory, the important thought of 「Three Represents」 and the Scientific Outlook on Development as guidance, conscientiously implement the resolutions of this session, faithfully perform the duties endowed by the Constitution and laws, work in a down-to-earth manner, blaze new trails, forge ahead with determination, overcome all difficulties, and make new and greater contribution to achieve the 「two centenary」 goals and the Chinese Dream of great rejuvenation of the Chinese nation!
(In the event of any inconsistency between the Chinese and English versions,the Chinese version shall prevail.)
最高人民法院工作報告(全文)
——2014年3月10日在第十二屆全國人民代表大會第二次會議上
最高人民法院院長周強
各位代表:
我代表最高人民法院向大會報告工作,請予審議,並請全國政協各位委員提出意見。
2013年主要工作
2013年,最高人民法院在以習近平同志為總書記的黨中央堅強領導下,在全國人民代表大會及其常委會有力監督下,緊緊圍繞「讓人民群眾在每一個司法案件中都感受到公平正義」的目標,堅持服務大局、司法為民、公正司法,忠實履行憲法和法律賦予的職責,各項工作取得新進展。最高人民法院受理案件11016件,審結9716件,比2012年分別上升3.2%和1.6%;地方各級人民法院受理案件1421.7萬件,審結、執結1294.7萬件,同比分別上升7.4%和4.4%。通過充分履行職能,為推進平安中國、法治中國建設作出積極貢獻。
一、依法懲治犯罪、保障人權、化解矛盾,維護社會和諧穩定
依法懲治危害國家安全和社會穩定的犯罪。各級法院審結一審刑事案件95.4萬件,判處罪犯115.8萬人。依法嚴懲煽動分裂國家、暴力恐怖襲擊等危害國家安全和公共安全犯罪,嚴懲嚴重危害人民群眾生命財產安全的犯罪,審結殺人、搶劫、綁架、爆炸、強姦、拐賣婦女兒童、黑社會性質組織犯罪等案件25萬件,判處罪犯32.5萬人。最高人民法院會同有關部門發布指導意見,依法懲治性侵兒童犯罪和危害校園安全犯罪,加強對未成年人的保護。發布關於辦理盜竊、敲詐勒索、搶奪等刑事案件司法解釋,各級法院審結侵犯財產犯罪案件30.3萬件,判處罪犯39.8萬人。發布關於辦理尋釁滋事、編造傳播虛假恐怖信息等刑事案件司法解釋,指導地方法院正確審理相關案件,依法懲治破壞社會秩序犯罪。發布關於辦理利用信息網絡實施誹謗等刑事案件的司法解釋,統一法律適用,打擊利用網絡造謠傳謠的犯罪行為,維護良好的網絡環境。依法懲治擾亂醫療秩序的違法犯罪行為,切實保護醫務人員和廣大患者合法權益。明確「醉駕」的認定標準,各級法院審結危險駕駛犯罪案件9萬件。積極參與禁毒鬥爭,審結毒品犯罪案件9.5萬件,判處罪犯9.9萬人。最高人民法院認真做好死刑覆核工作,嚴把案件事實關、證據關、法律關,確保死刑只適用於極少數罪行極其嚴重的犯罪分子。
依法懲治經濟犯罪、貪汙賄賂和瀆職犯罪。發布關於辦理組織、領導傳銷活動刑事案件等指導意見,各級法院審結傳銷、走私、洗錢、非法集資、金融詐騙、內幕交易、商業賄賂等經濟犯罪案件5萬件,判處罪犯6.9萬人。充分發揮刑事審判在懲治腐敗中的職能作用,加大對貪汙賄賂等犯罪的打擊力度,審結國家工作人員貪汙賄賂、瀆職侵權犯罪案件2.9萬件,判處罪犯3.1萬人,其中包括薄熙來受賄、貪汙、濫用職權案,劉志軍受賄、濫用職權案等一批大案要案,促進反腐敗鬥爭深入開展。
依法懲治危害食品安全和汙染環境犯罪。積極回應群眾關切,發布關於辦理危害食品安全犯罪的司法解釋,各級法院審結相關案件2082件,判處罪犯2647人。發布關於辦理汙染環境刑事案件的司法解釋,加大懲處汙染環境犯罪力度。公布王長兵生產、銷售有毒食品犯罪以及胡文標、丁月生投放危險物質汙染環境犯罪等典型案例,有力震懾犯罪分子。
堅決防止和糾正冤假錯案。尊重和保障人權,恪守罪刑法定、證據裁判、疑罪從無等原則,嚴格排除非法證據,各級法院依法宣告825名被告人無罪,確保無罪的人不受刑事追究。加強與律師協會的溝通,高度重視律協、律師反映的問題,尊重和保障律師依法履職。以堅決果斷的態度依法糾正「張氏叔侄強姦殺人案」等一批重大冤假錯案,從錯案中深刻汲取教訓,強化證據審查,發揮庭審功能,與公安、檢察機關分工負責、互相配合、互相制約,建立健全防範刑事冤假錯案工作機制,堅守防止冤假錯案底線。
妥善化解社會矛盾。堅持合法自願原則,規範司法調解,各級法院通過調解和撤訴方式處理案件479.8萬件。依法支持仲裁機構發揮作用,執結仲裁裁決13.3萬件。加強刑事附帶民事訴訟調解工作,完善刑事被害人救助制度,保障被害人合法權益。積極參與社會治理,健全訴訟與非訴訟相銜接的矛盾糾紛解決機制,加大訴前調解力度,堅持和發展「楓橋經驗」,指導、支持人民調解,將大量矛盾糾紛化解在基層和訴前,促進社會和諧。
二、依法審理經濟領域各類案件,促進經濟持續健康發展
加強商事審判工作。依法平等保護各類市場主體的合法權益,為加快轉變經濟發展方式、實現經濟穩中求進提供司法保障,各級法院審結一審商事案件395.7萬件。發布企業破產法司法解釋,規範破產程序,保障債權人公平受償,各級法院審結企業破產案件1998件。發布保險法司法解釋和出口信用保險司法解釋,各級法院審結保險、證券、票據等金融糾紛案件71.4萬件。加強對經濟社會發展新情況新問題的司法應對,認真研究服務實體經濟、民間借貸等方面的法律問題,及時提出司法建議,積極防範和化解風險。
加強智慧財產權審判工作。依法保護專利權、著作權、商標權,加大對網絡智慧財產權司法保護力度,依法制裁不正當競爭和壟斷行為,維護公平競爭的市場環境,促進國家創新體系建設,各級法院審結一審智慧財產權案件10萬件。積極參與打擊侵犯智慧財產權和製售假冒偽劣商品專項行動,公布智慧財產權司法保護狀況白皮書和典型案例,樹立我國智慧財產權司法保護良好形象。
加強涉外、涉港澳臺、涉僑、海事海商審判工作和司法交流合作。平等保護中外當事人合法權益,促進開放型經濟發展,各級法院審結一審涉外商事案件5364件,涉港澳臺案件1.5萬件,海事海商案件1.1萬件。妥善審理海洋汙染和資源開發等案件,切實維護國家海洋權益。高度重視涉港澳臺、涉僑案件審判工作,維護香港、澳門、臺灣同胞和歸僑僑眷合法權益。積極開展與港澳臺地區和有關國家的司法交流與合作,推動在臺灣舉辦第二屆海峽兩岸暨香港澳門司法高層論壇,辦理送達文書、調查取證、裁判認可等國際、區際司法協助案件1.3萬件。
三、堅持司法為民,依法維護人民群眾合法權益
加強民事審判工作。依法保障和改善民生,各級法院審結一審民事案件355.4萬件。發布關於審理勞動爭議、食品藥品糾紛案件司法解釋和加強消費者權益司法保護等指導意見,各級法院審結涉及人身損害、勞動就業、教育、醫療、住房、消費等案件53.7萬件。高度關注「三農」工作,維護農民權益,促進農業發展,審結涉及農村土地承包經營權流轉、宅基地糾紛、拖欠農民工工資等案件20.3萬件。高度重視保護農村留守老人、婦女、兒童、殘疾人合法權益,審結婚姻家庭、撫養繼承案件161.2萬件,促進家庭和諧。審結資源開發、環境保護案件2464件,推進環境公益訴訟,促進美麗中國建設。高度重視涉軍維權工作,依法審理涉軍案件,健全涉軍案件審判機構和工作制度,切實維護國防利益和軍人軍屬合法權益。
加強行政審判和國家賠償工作。依法審理行政訴訟案件,切實保護公民、法人和其他組織合法權益,促進行政機關依法行政,各級法院審結一審行政訴訟案件12.1萬件。妥善審理社會關注的房屋拆遷行政訴訟案件,依法保護被拆遷人合法權益,支持地方改善環境、發展經濟。加強行政案件協調和非訴行政案件執行等工作,促進化解行政糾紛。及時向行政機關反饋審判工作中發現的行政執法突出問題,促進司法與行政良性互動。會同司法部出臺加強國家賠償法律援助工作的意見,保障困難群眾依法行使賠償請求權。發布適用質證程序審理國家賠償案件的司法解釋,確保國家賠償程序公正透明。各級法院審結國家賠償案件2045件,決定賠償金額8735.2萬元。
依法解決涉訴信訪群眾訴求。強化群眾觀念,加強源頭治理,建立長效機制,堅持重心下移,不斷加強涉訴信訪工作。最高人民法院設立巡迴督導合議庭,帶案下訪,促進問題就地解決。各級法院共接待群眾來訪53.9萬人次,同比下降10.2%。推進涉訴信訪工作機制改革,完善「訴訪分離」和案件終結機制,推動律師等第三方參與化解信訪案件。加強審判監督,保障當事人申訴和申請再審權利,審結申訴和申請再審案件11.6萬件,依法提起再審3萬件,對原判確有錯誤或因其他法定事由改判7415件,佔生效裁判的0.09%。
著力解決執行難問題。各級法院受理執行案件298.9萬件,執結271.8萬件,同比分別上升14%和10.2%,其中執結涉機關單位執行積案2.1萬件,執行到位金額256億元。去年底開展了涉民生案件專項集中執行活動,執結案件3萬件,執行到位金額11.4億元。建立失信被執行人名單制度,實行公開曝光;在中央文明辦和公安部、國資委、工商總局、銀監會、民航局、中國鐵路總公司等部門的支持下,對7.2萬名失信被執行人進行了信用懲戒,約20%的失信被執行人懾於信用懲戒履行了義務。全面推進與金融機構和國土資源管理、工商行政管理等協助執行部門「點對點」網絡執行查控機制建設,加大反規避執行力度。推進執行指揮中心建設,整合執行資源,提高執行效率。創新執行拍賣模式,通過網絡進行司法拍賣,降低拍賣成本,提高債權清償率。
方便人民群眾訴訟。因地制宜推進訴訟引導、預約立案、電子送達、巡迴辦案、遠程視頻開庭等工作,加強立案信訪窗口標準化建設,努力從立案、審判、執行、信訪各環節消除群眾訴訟障礙。推進人民法庭建設,方便群眾就近訴訟。加強風險提示、判後答疑等工作,引導當事人理性訴訟。適用小額速裁程序審理簡易案件,減輕當事人訴訟負擔。加大司法救助力度,各級法院為確有困難的當事人減免訴訟費1.9億元。
四、深化司法公開,促進司法公正
加大庭審公開力度。積極推進陽光司法,全面客觀公開案件事實、定案證據以及訴辯觀點、判決理由,增進群眾對司法裁判的了解和理解,彰顯法治的文明和尊嚴。建成中國法院庭審直播網,各級法院直播案件庭審4.5萬次。最高人民法院通過多種媒體直播社會關注案件庭審情況,濟南中院通過微博全程直播薄熙來案庭審情況,取得良好效果。
加快推進裁判文書上網。出臺人民法院在網際網路公布裁判文書的規定,建成中國裁判文書網,公布最高人民法院生效裁判文書3858份,地方各級法院上網公布生效裁判文書164.6萬份,充分發揮裁判文書宣傳法律知識、引領社會風尚、規範公眾行為、樹立正確導向的功能,傳遞法治正能量,同時促進法官提高業務素質和司法水平。
創新司法公開形式。加強審判流程公開、裁判文書公開、執行信息公開三大平臺建設,全面推進立案、庭審、執行、聽證、文書、審務公開,防止暗箱操作。加強最高人民法院政務網站建設,開通最高人民法院微博、微信和新聞客戶端,建成「全國法院微博發布廳」,及時向社會發布、公開審判執行信息,方便群眾通過新媒體了解法院工作。開展主題開放日等活動,邀請人大代表、政協委員、基層群眾、未成年人等走進法院、走近法官,零距離感受法院工作。
加強司法公開技術支撐。制定人民法院信息化建設五年發展規劃,推進全國法院信息網絡「天平工程」建設,全面提升信息化水平。建設科技法庭,推進庭審全程錄音錄像。最高人民法院建成信息管理中心,推進四級法院司法信息資源整合利用,為深化司法公開提供科技保障。
五、推進司法改革,強化監督指導,提升司法水平
改革審判工作運行機制。積極推進審判權運行機制改革、涉訴信訪工作機制改革;配合廢止勞動教養制度,探索建立輕微刑事案件簡易處理程序。指導設立專業法庭,為中國上海自由貿易試驗區運行提供司法保障和服務。支持珠海橫琴、深圳前海等地先行先試,探索建立新的法院工作模式。推進量刑規範化工作,制定關於常見犯罪量刑指導意見,促進量刑公開透明、公平公正。
加強人民陪審員工作。推進司法民主,暢通人民群眾依法參與、監督審判工作渠道,各級法院組織人民陪審員參審案件169.5萬件,佔一審普通程序案件的73.2%。啟動人民陪審員「倍增計劃」,增加選任人民陪審員3.8萬人。規範人民陪審員參審方式和流程,加強培訓工作,提高人民陪審員履職能力。向全國人大常委會專項報告人民陪審員工作並認真落實審議意見,促進人民陪審員工作健康發展。
加強監督指導和審判管理。制定踐行司法為民、加強公正司法、提高司法公信力的意見,監督指導地方各級法院提升審判質量和效率。加強司法解釋制定和清理工作,發布司法解釋28件,充分發揮司法解釋功能,促進改革發展,保障人民權益,推動社會進步。發布14個指導性案例,統一同類案件裁判標準。加強案件質量評查和審限管理,規範減刑、假釋案件審理,嚴格暫予監外執行的適用條件和程序,促進司法公正高效。各類案件一審後當事人服判息訴率為91.1%,二審後達到98.6%。
六、堅持從嚴管理,加強法院隊伍建設
紮實開展黨的群眾路線教育實踐活動。認真學習習近平總書記系列重要講話精神,強化宗旨意識和群眾觀念。堅持開門搞活動,通過深入基層調研、公開徵求意見等方式,認真聽取群眾意見建議。嚴格落實中央八項規定精神,加強司法作風建設,公開曝光違紀案件,堅決查糾法院系統存在的「四風」問題。緊緊圍繞立案、審判、執行等方面群眾反映突出的問題,制定31項整改措施,取得階段性成效。
加強紀律作風和反腐倡廉建設。開展司法廉潔集中教育活動,通報上海高院4名法官違紀違法等案件查處情況,以反面典型加強警示教育。出臺進一步加強紀律作風建設的意見,堅持對法院隊伍從嚴教育、從嚴管理、從嚴監督。頒布「十個不準」,對貫徹中央八項規定精神進行專項檢查。對違規配置使用公車開展專項治理,清理法院領導幹部和審判人員在企事業單位兼職。積極開展司法巡查和審務督察。完善廉政風險防控機制,加強制度約束,健全「事前預警、事中監控、事後查究」的監督防線。嚴格執行「五個嚴禁」規定,切實加大對違紀違法案件的查處力度。最高人民法院查處諮詢委員會原秘書長劉湧涉嫌受賄案,移送司法機關處理。各級法院共查處利用審判執行權違紀違法幹警381人,其中追究刑事責任101人。
提高法院隊伍政治業務素質。強化理想信念教育,始終保持政治堅定。推動司法人員分類管理和法官、書記員職務序列改革,完善法官招錄和遴選機制。從法學院校和律師隊伍中選拔高層次人才,改善隊伍結構。培訓新任中級、基層法院院長365人次,培訓法官和其他工作人員51萬人次。選派優秀法官赴中西部12個省區市巡迴授課,繼續開展民族地區雙語法官培訓,加強對西藏、青海、新疆等地法院的援助。發揮宋魚水、陳燕萍、詹紅荔、翟樹全等先進典型的示範作用,激勵廣大法官公正司法、為民司法。各級法院共有430個集體、451名個人受到中央有關部門表彰獎勵。
七、主動接受監督,不斷改進工作
自覺接受人大監督。最高人民法院認真向全國人大常委會報告工作,積極配合開展專題調研和執法檢查,認真聽取各省區市人大常委會有關部門的意見建議。按照全國人大常委會的要求,加強司法解釋備案和清理工作,廢止司法解釋及規範性文件558件。十二屆全國人大一次會議閉幕後,最高人民法院認真研究代表審議意見,逐條整改落實。加強與代表的日常聯絡,主動通報法院工作情況,開通全國人大代表、全國政協委員網絡溝通平臺,邀請代表、委員參加視察、調研、旁聽庭審等活動,走訪部分代表,當面聽取意見。認真辦理全國人大代表建議189件,不斷改進人民法院各項工作。
認真接受人民政協和各民主黨派、工商聯、無黨派人士的民主監督。主動向政協通報法院工作情況,辦理全國政協委員提案84件。通過走訪調研、召開座談會、聯合開展重大課題研究等方式,加強與各民主黨派、工商聯、無黨派人士聯繫溝通。
積極接受檢察機關訴訟監督。認真對待檢察機關提出的檢察建議,會同最高人民檢察院制定關於死刑覆核法律監督工作的意見,支持、配合檢察機關依法履行訴訟監督職責。依法審理檢察機關對生效裁判提出的抗訴案件,共同維護司法公正。
廣泛接受社會監督。健全民意溝通機制,完善基層聯繫點制度,在最高人民法院政務網站開設「院長信箱」和「給大法官留言」專欄,認真辦理群眾來信,廣泛聽取群眾意見。最高人民法院聘請第二屆42名特約監督員,主動聽取意見建議。自覺接受輿論監督,積極回應社會關切。
各位代表,過去一年人民法院工作的發展進步,是以習近平同志為總書記的黨中央堅強領導,全國人大及其常委會有力監督,國務院大力支持,全國政協、各民主黨派、工商聯、無黨派人士、各人民團體以及地方各級黨委、人大、政府、政協、社會各界和全國人大代表、全國政協委員關心、支持、幫助的結果。在此,我代表最高人民法院表示衷心的感謝!
我們清醒地認識到,人民法院工作還存在不少問題和困難:一是有的案件裁判不公、效率不高,損害了有關當事人利益和司法公信力。二是一些法院仍然存在立案難、訴訟難、執行難等問題,在滿足人民群眾司法需求方面還有差距。三是確保人民法院依法獨立公正行使審判權的體制機制還有待健全。四是一些法院管理行政化色彩濃厚,影響了審判質量和效率。五是少數幹警官僚主義和特權思想嚴重,司法行為不規範、不文明,對當事人冷硬橫推、吃拿卡要,有的甚至徇私舞弊、貪贓枉法,群眾反映強烈。六是隨著案件數量持續增長,人民法院辦案壓力越來越大,部分法院案多人少、人員流失、法官斷層等問題仍然比較嚴重,一些西部、邊遠、民族地區法院工作條件有待進一步改善,等等。對這些問題和困難,我們將切實採取措施,努力予以解決。
2014年工作安排
今年,人民法院要全面貫徹黨的十八大和十八屆二中、三中全會精神,學習貫徹中央政法工作會議和本次全國人大會議精神,認真貫徹習近平總書記系列重要講話精神,緊緊圍繞「讓人民群眾在每一個司法案件中都感受到公平正義」的目標,牢牢堅持司法為民、公正司法主線,不斷深化司法改革,切實做好執法辦案等各項工作。
一是積極推進平安中國、法治中國建設。依法嚴懲危害國家安全犯罪,嚴懲昆明「3·01」暴力恐怖襲擊群眾等一切暴力恐怖犯罪,嚴懲嚴重危害社會治安犯罪,嚴懲破壞軍事設施等犯罪,切實維護國家安全和社會穩定,增強人民群眾的安全感。積極參與反腐敗鬥爭,加大依法懲治腐敗犯罪力度,堅持「老虎」、「蒼蠅」一起打,對貪汙賄賂、瀆職犯罪保持高壓態勢,促進建設廉潔政治。嚴格依法履行審判職責,維護國家法制統一、尊嚴、權威,促進社會公平正義,保障人民安居樂業。
二是為全面深化改革提供有力司法保障。緊緊圍繞黨中央關於全面深化改革的重大部署,充分發揮刑事、民事、行政等各項審判職能,依法審理改革過程中發生的各類案件。加強對國有企業改制等案件的審理,推動國有企業完善現代企業制度;加強對非公有制企業財產權的保護,支持非公有制經濟健康發展;加強對新類型案件的審理,依法保障經濟體制改革順利推進。高度重視審理農村土地承包經營權流轉、醫療、食品衛生、社會保障、環境保護等方面的案件,妥善化解相關矛盾糾紛。加強對新情況、新問題的司法應對,及時提出司法建議,依法制定司法解釋,促進經濟社會持續健康發展。
三是進一步強化司法為民、公正司法。始終堅持黨的群眾路線,妥善審理涉民生案件,加強司法便民利民工作,進一步破解立案難、訴訟難、執行難等問題,決不讓老百姓打不起官司,切實維護群眾合法權益。加強審判管理,規範司法行為,強化監督指導,提高審判質量和效率。規範裁判文書格式,強化裁判文書說理,讓當事人無論勝訴敗訴都明明白白。健全完善預防和糾正冤假錯案工作機制,決不允許執法犯法造成冤假錯案,保護無辜者不受追究。更加自覺地接受各方面監督,以監督促公正。
四是積極穩妥推進司法改革。在黨中央統一領導下,緊緊圍繞加快建設公正高效權威的社會主義司法制度推進各項改革,制定、實施《人民法院第四個五年改革綱要(2014-2018)》,服務國家治理體系和治理能力現代化建設。按照讓審理者裁判、由裁判者負責的原則,推進審判權運行機制改革試點,解決審判權運行中的行政化問題。全面推進量刑規範化工作,統一量刑標準。進一步深化司法公開,最高人民法院及東中部14個省區市法院的生效裁判文書依法全部上網公布,其他省區法院3年內全部實現這一目標。對減刑、假釋案件實行開庭審理,加大暫予監外執行的公示力度,確保減刑、假釋和暫予監外執行公開公平公正。推進涉訴信訪工作改革,完善申請再審和申訴立案受理制度,嚴格涉訴信訪終結程序,積極開展網上信訪、巡迴接訪、帶案下訪等工作,妥善解決群眾合法合理訴求。推進智慧財產權法院和資源環境審判機構建設。完善人權司法保障制度。認真研究省以下地方法院人財物統一管理試點方案,探索建立與行政區劃適當分離的司法管轄制度和符合法官職業特點的司法人員管理制度。
五是進一步加強法院隊伍建設。加強思想政治建設,踐行社會主義核心價值觀和社會主義法治理念,做到信仰法治、堅守法治、鐵面無私、秉公執法。大力加強法院隊伍正規化、專業化、職業化建設,提高司法能力。加強對地方法院黨的群眾路線教育實踐活動的指導,持之以恆改進司法作風,保持同人民群眾的血肉聯繫,堅決整治冷硬橫推、吃拿卡要、庸懶散奢等不正之風,切實解決關係案、人情案、金錢案等問題。嚴格落實錯案責任追究制度,實行責任倒查、有責必究。以零容忍的態度和刮骨療毒、壯士斷腕的勇氣,堅決懲治司法腐敗行為,堅決清除法院隊伍中的害群之馬,努力建設一支信念堅定、執法為民、敢於擔當、清正廉潔的法院隊伍。
六是切實加強人民法院基層基礎工作。強化審級監督,取消不合理的考核指標,加強對下指導,幫助基層提高司法水平。大力推行法官逐級遴選工作,拓展基層法官職業發展空間。加強司法職業保障,在政策待遇等方面向基層傾斜,努力解決基層法官斷層、人員流失等問題和困難,關心基層法官身心健康,加大對西部、邊遠、民族地區和革命老區法院建設支持力度,加強援藏、援疆、援青等工作,不斷改善基層司法條件和環境。加強信息化建設和審判信息數據分析,更好地保障審判執行工作,滿足群眾司法需求。加強人民法庭工作,充分發揮人民法庭在創新社會治理、促進社會和諧穩定中的重要作用。
各位代表,新形勢下人民法院工作責任重大,使命神聖。我們要在以習近平同志為總書記的黨中央堅強領導下,高舉中國特色社會主義偉大旗幟,以鄧小平理論、「三個代表」重要思想、科學發展觀為指導,認真貫徹執行本次大會決議,忠實履行憲法和法律賦予的職責,紮實工作,開拓創新,銳意進取,攻堅克難,為實現「兩個一百年」奮鬥目標和中華民族偉大復興的中國夢作出新的更大貢獻!(完)