Xinhua News Agency, Beijing, January 18 Question: In 2022, the people's courts will have these "big moves"
Xinhua News Agency reporters Luo Sha and Zhang Yan
Judging impartially, setting points and ending disputes, boosting the peace of the world and the morale of the hearts of the people.
The recently held National Conference of High Court Presidents made arrangements for the new year's work of the people's courts in terms of safeguarding the rights and interests of the people and enhancing judicial credibility. Many of the highlights are worthy of attention.
Efforts to solve the people's distress
Cases in the fields of people's livelihood such as education, medical care, pension, childcare, and social security are directly related to the vital interests of the common people.
At this meeting, the Supreme People's Court put forward a series of clear requirements:
——Intensify the protection of the rights and interests of college graduates, migrant workers, flexible employment personnel, etc., and safeguard the fair employment rights of workers.
—— Implement the positioning of "houses are for living in, not for speculation", curb the speculation of "buying a house by borrowing a name" and "legal auction house" in accordance with the law, strengthen the protection of the legitimate rights and interests of housing consumers, and promote a virtuous circle and healthy development of the real estate industry.
——Strengthen the judicial protection of the rights and interests of the elderly, explore the establishment of early warning, investigation and mediation mechanisms for conflicts and disputes involving the elderly, and serve the elderly in the new era.
——Strengthen the judicial protection of juveniles, correctly implement the Family Education Promotion Law, and insist on "tolerance but not connivance" for juvenile crimes.
—— Improve the judicial assistance mechanism, strengthen the synergy with social assistance, and promote the improvement of a more equitable social assistance system.
At the same time, the Supreme People's Court emphasized that it is necessary to practice and promote the core socialist values, deeply integrate into the interpretation and reasoning of judgment documents, and guide the whole society to enhance the awareness of the rule of law, public awareness, and rules through "small cases and big truths."
Resolutely Say No to "Harmony" in Civil Trials
"Sometimes the results of adjudication are not good and the masses do not accept it. This is an appearance. The root cause is a deviation in the concept." The meeting proposed that it is necessary to consolidate and correct the achievements of judicial concepts, improve the correct concepts in practice, and use the correct concepts to guide judicial practice.
The Supreme Law clearly requires that criminal trials must accurately grasp the criminal policy of combining leniency with strictness.
It is necessary to correctly apply the leniency system for admitting guilt and accepting punishment, so as to ensure the conviction and sentencing in accordance with the law, protect the litigation rights of the parties, respect the sentencing recommendations, and ensure a fair judgment.
In civil trials, it is necessary to distinguish right from wrong, punish evil and promote good, balance interests, decide points and stop disputes, firmly say no to the practice of "harming the mud", establish "clear rules" and break "hidden rules".
Administrative trials should enhance awareness of the overall situation and support the supervision of administrative organs in administering according to law.
At the same time, the Supreme Law proposes to unify the fight against crime with the protection of human rights, the pursuit of efficiency with the realization of justice, the purpose of law enforcement with the form of law enforcement, and the substantive justice with procedural justice, and strive to achieve the best legal, political, and social effects.
Solving deep-seated problems affecting judicial justice
It is reported that during the education and rectification of the national political and legal teams, the people's courts carried out "targeted treatment" for a series of stubborn diseases in the field of trial enforcement.
This meeting emphasized that it is necessary to consolidate the achievements and achieve both the symptoms and the root causes.
Regarding the rectification of "not filing a case at the end of the year", the Supreme Law proposed to consolidate the results of the rectification, adhere to the case filing registration system from a political point of view, and never allow flexible restrictions on filing a case, substituting an adjustment for a case, no decision, a limited number of cases, and additional establishments. threshold.
The Supreme Law also proposes to consolidate the results of rectifying the irregular exercise of discretionary power and illegal "exceeding the trial limit", and effectively solve the problems of judicial irregularity, laxity, opacity, uncivilization, inaction, slow action, and disorderly action.
Consolidate the results of rectifying illegal and illegal handling of "temporary parole" cases, implement the substantive trial opinions on commutation and parole cases, and never allow "serving sentences on paper" and "raising money to get out of prison" to affect judicial justice.
Towards "Resolving Implementation Difficulties"
"We must cherish the achievements and people's hearts that we have achieved in tackling the difficulties in execution over the years, constantly consolidate the execution system, mechanism and model with Chinese characteristics, and strive to move towards the goal of effectively solving the difficulty in execution." Source governance, and constantly improve linkage mechanisms such as network enforcement investigation and control, and joint punishment for dishonesty.
The Supreme People's Court proposes to deepen the "double investigation in one case", carry out the centralized rectification of outstanding problems in the implementation field on a regular basis, pay close attention to the issues of the final case of violation of regulations and the overdue repayment of case funds, and conduct self-examination and mutual evaluation of the final case at least once a year. , and improve the implementation of the "one case, one account" and other working mechanisms.
In terms of standardization of enforcement, the Supreme People's Court proposed to speed up the drafting and revision of judicial interpretations such as the enforcement of creditor's rights and the list of persons subject to enforcement for dishonesty, and improve the enforcement of laws and regulations.
Adhere to good faith and civilized enforcement in accordance with the law, balance the protection of the legitimate rights and interests of all parties, and provide better judicial services for economic and social development.
Creating "Digital Justice" with Smart Courts
"Since the 18th National Congress of the Communist Party of China, we have comprehensively deepened the construction of smart courts, realizing online processing of all business, legal disclosure of all processes, and all-round smart services." The construction of court brains and online courts is the driving force to promote smart courts from technology application to rule governance and system construction.
The Supreme Law clearly requires that the online trial mechanism should be applied reasonably and accurately to protect the parties' right to choose and know.
Resolutely abandon the misunderstanding that "online trial" is "simplified trial", and ensure that online litigation "reduces costs without reducing quality, and improving efficiency without reducing rights."
It is reported that the people's court will promote the application of emerging technologies such as 5G, blockchain and artificial intelligence, and provide intelligent, integrated and coordinated intelligent services for the people's litigation and judges' case handling.
At the same time, the technical boundaries are strictly demarcated, data security is ensured, and judicial fairness and neutrality are prevented from being affected by excessive technical involvement.