Defend fairness and justice and protect a better life.
Fair and efficient justice boosts confidence in the rule of law
On May 25th, the Third Session of the 13th National People’s Congress heard and considered the work report on the Supreme People’s Court made by President Zhou Qiang of the Supreme People’s Court. The deputies said that since 2019, the people’s courts have closely focused on the goal of "striving to make the people feel fair and just in every judicial case", insisted on serving the overall situation, administering justice for the people and administering justice fairly, faithfully performed the duties entrusted by the Constitution and laws, and promoted new achievements in various tasks, providing powerful judicial services and guarantees for economic and social development.
The rule of law escorts high-quality development
Since 2019, the people’s courts have unswervingly implemented the new development concept and served the sustained and healthy development of the economy and society. The report pointed out that the rule of law is the best business environment. Courts at all levels concluded 4.537 million commercial cases of first instance. Formulate opinions on the development of high-quality services, issue judicial interpretations of company law and bankruptcy law, issue minutes of civil and commercial trial work meetings, unify the application of laws and the standards of adjudication, and enhance judicial transparency and predictability.
Deputy Bing Wang, secretary of the Baishan Municipal Committee of Jilin Province, was deeply touched by this: "Over the past year or so, courts at all levels in Jilin have earnestly performed their judicial functions, promoted the construction of a business environment ruled by law, properly handled a number of major and difficult cases with great social impact and great trial difficulty, and resolved various debts totaling 100 billion yuan. The case of the overall bankruptcy reorganization of Tonghua Iron and Steel Group and its affiliated companies took only 38 days from filing the case to the court ruling approving the reorganization plan. "
The report pointed out that the trial of administrative litigation cases related to the "streamline administration, delegate power, strengthen regulation and improve services" reform in accordance with the law supported the supervision of administrative organs to administer according to law, and concluded 284,000 administrative cases of first instance, which boosted the construction of a government ruled by law and optimized the soft environment for development. According to the World Bank’s Business Environment Report for 2020, the ranking of China’s business environment in the world has greatly jumped, among which "the quality of judicial procedures" is leading, and it has been evaluated as "the best practitioner in the world" in this field.
Representative Jiang Ming, Chairman of Tianming Group, expressed the hope that the people’s courts would pay more attention to the art of judicature, highlight the judicial temperature and create a "warm environment" for enterprise development with high-quality judicial services. Firmly establish the concept of equal protection, strive to shorten the period of handling cases, reduce the judicial cost of enterprises, strengthen the deep integration of scientific and technological innovation achievements and trial execution, and provide strong judicial guarantee for high-quality economic development.
Wisdom court shows its talents
Since 2019, the people’s courts have explored a new model of Internet justice and promoted the in-depth application of technologies such as big data and blockchain. The report pointed out that during the epidemic prevention and control period, smart courts "showed their talents", with 1.36 million online cases, 250,000 court sessions, 590,000 mediations, 4.46 million electronic deliveries, 2.66 million online investigations and controls, 63.9 billion yuan in judicial online auctions, and 204.5 billion yuan in execution.
"The construction of smart courts is an important starting point and support for promoting the modernization of the trial system and trial capacity. Especially during the epidemic prevention and control period, Shandong courts took the whole process of online office handling as the focus of application, and realized the integrated operation of the court handling office system in the province. It not only facilitates the litigation of the parties, but also promotes the improvement of the quality and effectiveness of the trial. " Deputy Zhang Jiatian, president of the Higher People’s Court of Shandong Province, said that smart courts should pay equal attention to construction and application, and seize the key of application.
According to the report, as of April this year, 91.95 million documents have been published by China Judgment Document Network, and 29 million cases and 1.5 billion items of information have been made public by China Trial Process Information Open Network, so that fairness and justice can withstand publicity.
"I found in Hangzhou Internet Court that the court promoted judicial openness through information construction and reduced the cost of supervision. At present, all judgment documents are based on the principle of publicity, with the exception of non-publicity; The implementation of online auction in the process of judicial execution has put an end to power rent-seeking. " Deputy Che Jie, vice president of Jiangsu Lawyers Association, said.
Deepening reform and improving judicial quality and efficiency
Since 2019, the people’s courts have implemented opinions on comprehensively deepening reforms in the political and legal fields, implemented the People’s Jury Law, and expanded the scope of participation in trials. There were 3.407 million cases in which jurors participated in trials nationwide. According to the authorization of the National People’s Congress Standing Committee (NPCSC), the pilot reform of civil litigation procedure was carried out in 20 cities in 15 provinces to stimulate judicial efficiency through institutional innovation and meet the diverse, efficient and convenient dispute resolution needs of the masses.
Member Liu Hongyu, the founding partner of Beijing Jincheng Tongda Law Firm, believes that in the face of the sustained and rapid growth trend of civil and commercial cases, we can neither take the road of constantly expanding the number of staff, nor take the road of restricting the filing of cases, choosing to file cases, and rejecting the demands of the masses. We must rely on deepening judicial reform and building smart courts to accelerate the modernization of the trial system and trial capacity.
According to the report, in 2019, the average court judge handled 228 cases, a year-on-year increase of 13.4%; After the first trial of various cases, the rate of parties’ interest judgment was 89.2%, and it reached 98.2% after the second trial; The total number of letters and visits involving lawsuits and visits to Beijing decreased by 13.3% and 40% respectively. The average trial period of Internet court cases is 42 days, which is 57.1% shorter than the traditional model.
Deputy Fang Yan, vice president of Shaanxi Lawyers Association, believes that the people’s courts have improved the trial power operation system of orderly decentralization, scientific distribution of power, standardized use of power and strict restriction of power in the reform, formulated a list of trial power and responsibility, clarified the authority and responsibility of the court president, trial organization and judge, and compacted the trial supervision and management responsibilities of the court president. In the next step, we should strengthen the reform "looking back", consolidate the reform results, conscientiously implement the comprehensive reform opinions on deepening the judicial responsibility system, improve the quality and efficiency of justice, and deepen the reform of complicated and simplified civil procedures.
Justice for the people enhances the sense of gain.
Since 2019, the people’s courts have adhered to the principle of justice for the people and justice, and maintained social fairness and justice. The report pointed out that the national court litigation service center resolved 8.497 million cases. Smooth the channels of litigation services, never let the masses have nowhere to complain, and never ignore their demands.
"Now, when you walk into the litigation service hall, you can handle almost all litigation services except court sessions, such as on-site filing, cross-domain filing, property preservation, litigation and docking, and centralized delivery. At the same time, you can also print and copy for free, which is very thoughtful and warm." Deputy Yu Mei, secretary of the Party branch of Lishuyuan Community in Xincun Street, Zhushan District, Jingdezhen City, Jiangxi Province, said.
The report pointed out that crimes of violent injury to doctors were severely punished, and a number of criminals, including Sun Wenbin, who killed doctors in Beijing Civil Aviation General Hospital, were sentenced to death and executed according to law, thus ensuring the safety of medical personnel. In view of the serious threat to people’s safety caused by falling objects from high altitude, judicial policies have been issued to strengthen punishment according to law and source prevention, and a number of cases of throwing objects from high altitude endangering public safety have been tried publicly to protect people’s "safety above their heads."
Deputy Wang Shujiang, president of the Higher People’s Court of Sichuan Province, held that the report focused on the hot spots, blocking points and pain points of social concern, and showed the efforts made by the people’s courts to strengthen justice for the people. First, the masses respond to what they care about, properly handle cases such as protecting the rights and interests of heroes and heroes, and strengthen joint punishment for dishonesty. Second, the people will be guaranteed whatever they need. While strengthening the protection of people’s livelihood rights such as civic education, employment, medical care and housing, we will focus on protecting the rights and interests of special groups such as migrant workers, women, children and the elderly, military families and compatriots from Hong Kong, Macao and Taiwan. Third, the masses will push forward whatever they expect, establish a one-stop multi-dispute resolution and litigation service mechanism, promote online filing and cross-domain filing, and effectively enhance the masses’ sense of judicial acquisition.
(Reporter Xu Juan, Kou Jiangze, Li Longyi, Liu Xinwu, Xiao Jiaxin, Zhu Dawei)
Strictly handling cases according to law and serving the overall situation of development
On May 25th, the Third Session of the 13th National People’s Congress heard and considered the work report on the Supreme People’s Procuratorate made by Zhang Jun, the Procurator-General of the Supreme People’s Procuratorate. The deputies said that since 2019, the procuratorial organs across the country have consciously performed their procuratorial duties as stipulated by the Constitution and laws, actively participated in and promoted state governance, solidly performed their legal supervision duties, constantly improved their procuratorial performance, and strived to make the people feel fair and just in every judicial case, and all procuratorial work has progressed steadily.
Fight the epidemic according to law
During the epidemic prevention and control in COVID-19, the national procuratorial organs took the initiative to serve the overall situation and build a legal barrier for epidemic prevention and control. From February to April this year, a total of 3,751 people were arrested and 2,521 people were prosecuted, and 2,829 public interest litigation cases involving masks and other protective materials were handled.
The most interesting thing is that since February 11th, the Supreme People’s Procuratorate has issued 10 batches of 55 typical cases with a weekly frequency according to the characteristics of different stages of epidemic prevention and control, providing guidance for procuratorial organs in handling cases, and at the same time sending a clear warning to the public.
"This is a pragmatic measure of the procuratorial organ, which embodies the political responsibility, rule of law thinking and procuratorial consciousness of the procuratorial organ focusing on the overall situation of the national center and performing its functions according to law, and highlights social fairness and justice." Committee member Shang Xunwu, vice chairman of the Gansu Provincial Political Consultative Conference and chairman of the Gansu Provincial Committee for Democratic Progressive Party, said that these typical cases have deterred illegal crimes, strengthened the authority of the rule of law, and maintained the epidemic prevention order. "In the event of an emergency, the Supreme People’s Procuratorate issued typical cases in time to guide judicial practice, which played an important role in stabilizing social order and social expectations."
Social governance is more efficient.
Peace is the basic requirement of people’s happiness and well-being and the basic premise of reform and development. This year’s report on the work of the Supreme People’s Procuratorate focuses on the changes of criminal offences in the 20 years from 1999 to 2019 for the first time, which clearly reflects the main crime trends.
The report shows that from 1999 to 2019, serious violent crimes continued to decline, and new types of crimes continued to increase. These changes not only reflect the continuous improvement of social security situation, but also show that social governance has entered a new stage, and the people have new expectations for the connotation of social development.
"In the face of these changes, procuratorial organs must profoundly grasp the changing law of criminal offences, change ideas and measures from the height of improving the modernization level of the national governance system and governance capacity, and do a good job in the top-level design of procuratorial duties." Deputy He Hengyang, Procurator-General of Chongqing Municipal People’s Procuratorate, said that procuratorial organs have always insisted on the quality of cases as the lifeline of judicial handling, constantly strengthening their sense of responsibility and improving their judicial ability. "Next, procuratorial organs should put legal supervision throughout the whole process of litigation, strengthen pre-litigation guidance, increase the application of the system of pleading guilty and recognizing punishment, and let the parties feel justice and efficiency to the maximum extent through efficient judicial handling."
"As a lawyer, what impressed me the most was the change of procuratorial concept, emphasizing the implementation of the objective and fair position of prosecutors, and clearly stating that prosecutors are both prosecutors of crimes and innocent protectors, which reflects the profound understanding and active practice of the socialist spirit of the rule of law." Deputy Fan Feng, vice president of Jiangxi Lawyers Association and director of Guo Hao Law Firm, said that in 2019, the procuratorate created "Case — The quality and efficiency evaluation standard of "piece ratio" minimizes unnecessary procedural idling, makes fairness and justice better and faster, and embodies the feelings of the rule of law for the people.
Service is more powerful.
Since 2019, the national procuratorial organs have made solid services to fight three tough battles, and prosecuted 40,178 people for financial fraud and disrupting financial management order, up 25.3% year-on-year; 877 people were prosecuted for "fly greed" in the field of poverty alleviation, and 902 people were prosecuted for malicious unpaid wages; 50,800 people were prosecuted for crimes such as environmental pollution, up 20.4% year-on-year.
"Procuratorial organs severely punish ‘ Pseudo-innovation ’ Financial crime is a truly effective way to support financial innovation and avoid the emergence of financial markets ‘ Bad money drives out good money ’ The phenomenon. " Deputy Zheng Yali, the president of zhejiang financial college, said that the Supreme People’s Procuratorate proposed to use the concept of "penetrating" case handling and adopt the method of substantive judgment to prevent criminal acts in the name of "financial innovation" from escaping legal punishment, which has played a very good role. "It is suggested that procuratorial organs effectively use emerging technologies to further improve the technical content of case handling, and at the same time provide more convenient, efficient and reliable channels and methods for safeguarding rights, and handle the relationship between cracking down on crimes and recovering losses."
Deputy Fu Xinping, Procurator-General of the People’s Procuratorate of Guizhou Province, said that since 2019, the procuratorial organs of Guizhou Province have actively invested in the main battlefield of poverty alleviation, providing a strong judicial guarantee for Guizhou to win the battle against poverty with high quality: "We have deployed and carried out special work and issued relevant opinions. The procuratorial organs of the province have punished crimes that hinder poverty alleviation according to law, correctly handled various cases related to poverty alleviation according to law, actively resolved social contradictions, and effectively promoted the construction of various environments such as public security environment, ecological environment, business environment and government environment in poverty-stricken areas of Guizhou.
The escort economy is more stable.
Since 2019, the Supreme People’s Procuratorate has paid equal attention to protecting the rights and interests of enterprises in accordance with the law and promoting law-abiding and compliance management, and has continuously implemented 11 inspection policies for serving the private economy. It has suggested that the case-handling organs should be released on bail pending trial for 1,971 responsible persons of private enterprises who can not continue to be detained according to law, and organized special clean-up of "pending cases" that have been put on hold for a long time, and 2,687 cases have been identified and 1,181 cases have been closed.
"The rule of law is the best business environment. Once private enterprises are deeply involved in litigation, normal production and operation will be greatly affected. " Deputy Zhang Xinghai, vice president of China Civil Chamber of Commerce and chairman of Chongqing Xiaokang Industrial Group Co., Ltd., said that the "pending case" that was neither withdrawn nor transferred for review and prosecution, which was shelved for a long time, made private enterprises bear a lot of uncertain litigation risks, and private entrepreneurs involved in the case could not carry out normal production and business activities because the case was inconclusive. "It is suggested that procuratorial organs increase criminal proceedings against private enterprises involved ‘ Hang the case ’ The inventory efforts, focus on tackling the remaining major and difficult ‘ Hang the case ’ Constantly improve and improve the long-term working mechanism and fully escort the healthy development of the private economy. "
"Without a good business environment, it is difficult for private enterprises to develop healthily. The Supreme People’s Procuratorate has repeatedly demanded equal protection for private enterprises, and put forward ‘ Those who can not arrest don’t arrest, and those who can not sue don’t sue ’ Efforts should be made to create a good legal environment and escort the development of private enterprises with the rule of law. These measures have stabilized the expectations of private enterprises and made us more confident, confident, innovative, entrepreneurial and striding forward. " Member Wang Qiong, Chairman of COVID-19 Investment Group Co., Ltd. said.
(Reporter Peng Bo, Wang Zhiqiu, Zheng Haiou, Qi Zhiming, Meng Xiangfu, Liu Xinwu)