Implementation Opinions of the Supreme People's Court on Deepening the Comprehensive Supporting Reforms of the Judicial Accountability System

Fafa (2020) No. 26

Supreme People's Court

Issued the Comprehensive Support for Deepening the Judicial Accountability System

Notification of Reform Implementation Opinions

  The Higher People’s Courts of all provinces, autonomous regions, and municipalities directly under the Central Government, the Military Court of the People’s Liberation Army, and the Production and Construction Corps Branch of the Higher People’s Court of Xinjiang Uygur Autonomous Region:

  In order to thoroughly implement the spirit of the 19th National Congress of the Communist Party of China and the Second, Third and Fourth Plenary Sessions of the 19th Central Committee, and fully implement the judicial responsibility system, according to the "Opinions on Deepening the Comprehensive Supporting Reforms of the Judicial Responsibility System" issued by the General Office of the Central Committee of the Communist Party of China, combined work In fact, the Supreme People's Court formulated the "Implementation Opinions on Deepening the Comprehensive Reform of the Judicial Accountability System." The document is now issued to you, please organize and implement it carefully. If you encounter important issues during the implementation process, please promptly report to the Supreme People's Court.

Supreme People's Court

July 31, 2020

Supreme People's Court

Implementation Opinions on Deepening the Comprehensive Supporting Reform of the Judicial Responsibility System

  In order to thoroughly implement the spirit of the 19th National Congress of the Communist Party of China and the Second, Third and Fourth Plenary Sessions of the 19th Central Committee, fully implement the judicial responsibility system, and strive to make the people feel fair and just in every judicial case, according to the The "Opinions on Deepening the Comprehensive and Supporting Reforms of the Judicial Accountability System" puts forward the following opinions based on the actual work of the people's courts.

  1. Strengthen the political construction of the people’s courts and implement the overall responsibility for the strict governance of the party

  1. Insist on putting the party's political construction in the first place. Persist in using Xi Jinping’s new-era socialism with Chinese characteristics to arm the mind, guide practice, and promote work, and educate and guide the majority of police officers to always maintain a high degree of consistency with the Party Central Committee with Comrade Xi Jinping at the core in terms of political stand, political orientation, political principles, and political roads. Solidly promote the party's innovative theoretical learning, continue to carry out hierarchical, full-coverage political rotation training, and realize the normalization of learning and education. Strengthen the awareness education of political organs, strictly observe the party’s political discipline and rules, guide the majority of police officers to adhere to the party’s absolute leadership of judicial work, adhere to the socialist rule of law with Chinese characteristics, adhere to the original mission, strengthen the "four consciousnesses" and strengthen the "four Confidence” and “two safeguards” ensure that the decisions and deployments of the Party Central Committee are fully implemented in the people’s courts.

  2. Insist on selecting and appointing people by highlighting political standards. Adhere to the political standard as the first standard, improve the identification and evaluation mechanism of the political quality of the court officers, refine the inspection content, optimize the path and methods, and improve the scientificity, accuracy and operability of the political quality inspection. In the selection, appointment, promotion, and supervision Strictly control politics in work such as assessment and evaluation, training and training, recognition and reward. Explore the establishment of political quality files of cadres, and strengthen the normalized assessment and inspection of political loyalty, political determination, political responsibility, political ability, and political self-discipline. Pay attention to grasp the specific performance at critical moments such as undertaking major cases, completing major tasks, participating in major struggles, and facing major challenges, and identify cadres through urgent, difficult and dangerous work such as epidemic prevention and control.

  3. Fully implement the main responsibility of strictly governing the party. People's courts at all levels should establish a comprehensive list of responsibilities for strict governance of the party, and complete an operable, supervisable, and accountable system for strict governance of the party. Strengthen normalized political supervision and regular management and supervision, strictly organize discipline, work discipline, and trial discipline, and severely investigate and punish violations of regulations and disciplines. Strengthen the political functions of grassroots party organizations, promote standardization and standardization, effectively improve organizational capabilities, and perform the duties of direct education, management, and supervision of party members. In accordance with the requirements of strong politics, strong business, strong responsibilities, strong discipline, and strong style, we will build a revolutionary, regular, professional, and professional court team that is loyal, clean, responsible, respectful and abiding by the law.

  2. Improving the operation system of adjudication power and improving the mechanism of adjudication supervision management

  4. Improve the list of trial powers and responsibilities. The people’s courts at all levels should deeply grasp the relationship between the full implementation of the judicial responsibility system and the strict implementation of democratic centralism, refine and improve the list of judicial powers and responsibilities of the court, and distinguish between the president, the vice president, full-time members of the adjudication committee, and other adjudication committee members. The chief judges, deputy chief judges, single judges, presiding judges of collegiate benches, judges and other members and other personnel types, itemize the powers and responsibilities and performance requirements of various judges, focusing on ensuring the orderly exercise of power, Strengthen trial supervision and management and other matters to make detailed regulations. Promote the embedding of the job responsibilities list and performance guidelines of the court chief (including full-time members of the adjudication committee, the same below), other judicial officers, judge assistants, and clerks into the case handling platform, so as to realize the prompt and traceability of various performance behaviors , It can be checked and supervised.

  5. Improve the "four types of cases" identification and supervision mechanism. People’s courts at all levels should further refine and clarify the scope of “four types of cases” stipulated in Article 24 of the "Several Opinions of the Supreme People’s Court on Improving the Judicial Responsibility System of the People’s Courts" in light of the functional positioning of the trial level and the actual trial work, and improve the court’s chief judge Supervise and manage the discovery mechanism, initiation procedures and operating procedures of the "four types of cases", explore automatic identification and intelligent supervision of the "four types of cases", and improve the level of informatization, specialization and standardization of trial supervision and management. All higher people’s courts should establish a unified automatic identification and monitoring system for “four types of cases”. For cases that the trial organization should report but not report, and should be submitted to a professional judge meeting or adjudication committee for discussion but not submitted, the system automatically warns and reminds the president of the court Supervision.

  For the "four types of cases", the president of the court has the right to request the single or collegiate panel to report the progress of the case and the results of the review. If there are objections to the trial process or the results of the review, the case can be submitted to the professional judge meeting or the adjudication committee for discussion. The court and the collegiate bench accept their opinions or directly change the opinions of the single court and the collegiate bench. When performing the duties of trial supervision and management, the president of the court shall mark it on the dossier or the case handling platform, leaving traces throughout the process. The people's courts at all levels shall consider the performance of their responsibilities for trial supervision and management and the overall situation of the quality and effectiveness of trials in their respective areas as an important part of the comprehensive assessment and evaluation of the president of the court.

  6. Optimize the formation of the trial team. The grassroots and intermediate people's courts shall comprehensively consider factors such as personnel structure, case types, degree of difficulty, comprehensive investigations, etc., to adapt to the needs of the diversion of complex and simplified tasks and specialized division of labor, and flexibly organize multiple types of trial teams. Strengthen the function of the trial team as a case-handling unit and self-management unit, and reasonably determine the ratio of personnel based on functional needs. Based on the principles of optimizing coordination and efficiency and facilitating supervision and management, further improve the internal organizational structure, straighten out the relationship between the trial team, trial organization, and trial organization, and ensure that the trial team leader, single judge, presiding judge, deputy chief judge, and court The long-term work rights and responsibilities are clear and reasonable, and the distribution of affairs is orderly. The allocation of judges and auxiliary trial staff can be combined with two-way selection and organizational deployment, giving judges the right to assign work, assessment and suggestion rights to the auxiliary trial staff, and certain personnel management suggestions.

  7. Improve the case distribution mechanism. People's courts at all levels should adhere to the principle of "random division of cases, with designated division as an exception." If a professional collegiate panel, a professional trial team, or a trial team such as a small litigation or a quick trial has been established, the type of case should be reasonably determined, and human resources should be flexibly allocated, and the cases should be divided among different trial organizations as much as possible to avoid Type I cases are handled by fixed trial organizations for a long time. For relatively fixed trial teams and collegial panels, personnel should be adjusted regularly. The designated division of the case shall be left on the case handling platform throughout the process. If it is necessary to adjust the trial organization personnel after the division of the case due to avoidance or job transfer, health, or risk of integrity, the president of the court shall decide according to his authority. The parties shall be notified of the adjustment results in time and the reasons shall be marked on the case handling platform.

  8. Improve the case handling mechanism for the president of the court. All higher people's courts shall comprehensively consider factors such as the number of personnel, the scale of cases, areas of responsibility, supervision tasks, and administrative affairs, distinguish different regions, levels, and positions, and scientifically and reasonably determine the number of cases handled by the presidents of courts in their jurisdictions. The president of the court shall not preside or participate in professional judge meetings, coordinate and supervise major sensitive cases, supervise "four types of cases", receive visits, command execution, etc., as the number of cases handled, but related matters can be included in the workload and included in the performance evaluation content .

  The higher people’s courts should further refine the specific types of cases handled by the presidents of the courts in their jurisdictions, improve the mechanism for case identification and allocation, and promote the realization of intelligent identification, label processing, and automatic allocation. The chiefs of the people’s courts at all levels mainly handle cases by designated divisions, focusing on handling the “four types of cases” and retrial cases. The chiefs of the people’s courts at the basic level can also participate in random divisions, but they should give priority to the aforementioned types of cases.

  All higher people’s courts should establish a balance mechanism between supervision and management and case handling, optimize the responsibilities of court supervision, trial management, and administrative management in the jurisdiction of the courts, coordinate and reduce the work burden of court chiefs, and refrain from participating in matters beyond the scope of the legal responsibilities of courts and judges. The adjudication management department of the Higher People's Court is responsible for guiding the courts in the jurisdiction to calculate the number of cases handled by the chief judges of the court. The adjudication management department of the people's court at a higher level shall report quarterly the completion of the case handling tasks of the leadership of the admissions court of the people's court at the lower level under its jurisdiction. The trial management department of this court shall regularly notify the chief and deputy chiefs of the completion of the case handling tasks.

  9. Improve the unified legal application mechanism. Further improve the search mechanism for related cases and similar cases, the professional judge meeting mechanism and the adjudication committee system to ensure that the various mechanisms are organically connected and form a joint force. Through preliminary filtering of category cases, research and consultation of professional judge meetings, and discussion and decision by the adjudication committee, the differences between the trial organization, different trial organizations, and the president of the court and the trial organization are effectively resolved, and the uniformity of legal application standards is promoted.

  In accordance with the requirements of relevant documents, the law-taking officer shall explain the situation in the deliberations of the collegiate panel, the discussion and trial reports of the professional judges meeting, or make a special search report of the similar cases for the cases that should be searched. People's courts at all levels may convene professional judge meetings across teams and rooms as appropriate according to the type of case and the matters involved. In order to promote the uniform application of the law, the people's courts at higher levels may organize the courts of their jurisdictions to convene inter-trial and cross-regional professional judge meetings on typed cases. For cases that should be submitted to the adjudication committee for discussion and decision, but there are no internal differences, they may not be submitted to the professional judge meeting for discussion. People's courts at all levels should establish a pragmatic and effective mechanism for resolving differences in the application of the law, explore the establishment of channels for parties and other litigation participants to report inconsistencies in the application of the law, and complete the monitoring, feedback, and disclosure mechanisms.

  All higher people’s courts should further standardize the case-handling guidance documents and reference case release procedures, and timely file with the Supreme People’s Court to eliminate unreasonable differences in case handling standards in different regions.

  10. Strictly pursue accountability for violations of the law. Improve the disciplinary procedures for judges, improve the procedural rules for investigation findings, submission for review, deliberation resolutions, and rights relief, adhere to the organic integration of serious accountability and legal protection, strictly distinguish the responsibility for quality defects in handling cases and the responsibility for illegal trials, and refine the judges and trial support personnel Standards for the division of responsibilities to improve the professionalism, transparency and credibility of judges’ punishment work. All higher people’s courts should actively promote the establishment of judge disciplinary committees at the provincial level, further standardize the establishment and composition of disciplinary committees, cooperate in formulating the charter and disciplinary work rules of judge disciplinary committees at the corresponding level, scientifically establish judge disciplinary work agencies, and formulate implementation rules .

  Straighten out the relationship between the judge's disciplinary investigation and the disciplinary inspection and supervision investigation, the judge's disciplinary committee's review procedure and the disciplinary inspection and supervision review procedure, and ensure that the powers and responsibilities are clear and smooth. If the people’s courts at all levels find clues to the problems of judges or other court staff members suspected of violating discipline, illegal duties, or crimes on duty, they should be investigated and handled by the discipline inspection and supervision organs in accordance with relevant laws and regulations, and they shall be promptly transferred. Where the disciplinary inspection and supervision agency investigates suspected violations of discipline, duty violations, or duty crimes in accordance with the law, the Judge's Disciplinary Committee may provide review opinions from a professional perspective for the reference of the discipline inspection and supervision agencies.

  3. Implement the "Three Regulations" to prevent interference in the judiciary, and strengthen the construction of a clean government risk prevention and control mechanism

  11. Improve the working mechanism for implementing the "Three Regulations". People’s courts at all levels shall strictly implement the “Provisions on the Record, Notification and Accountability of Leading Cadres’ Interference in Judicial Activities and Intervention in the Handling of Specific Cases”, “Provisions on the Record and Accountability of Interrogation Cases by Internal Personnel of Judicial Organs”, “Regarding Further Regulation of Judicial Personnel and Parties,” Several Provisions on Lawyers, Specially Related Persons, and Intermediary Organizations on Contact and Communication Acts" and its implementation measures. Unblock the direct information reporting system, establish a monthly report and a "zero report" system for intervention cases, and improve the protection and incentive mechanism for personnel who record violations and intervention cases. Incorporate the court staff's violation of regulations to intervene in and intervene in the handling of cases, as well as the record of interrogation by case-handling personnel, into the party style and clean government building responsibility system and the performance evaluation system, and directly link with the performance of the main responsibility of the department leadership, as an important basis for evaluating cadres . Where the higher-level people's court performs the duties of supervision and guidance to the subordinates, or the chief judge of the court performs the duties of trial supervision and management within the scope of the list of trial powers and responsibilities of this court, it is not a violation of the regulations to intervene and interfere in the case.

  12. Improve the integrity risk prevention and control system. People's courts at all levels should give full play to the comprehensive effectiveness of internal party supervision, supervision and supervision, and internal supervision of the political and legal system, increase accountability for violations of regulations and disciplines, and adhere to zero tolerance to punish judicial corruption. Sort out key nodes such as case handling process and trial limit management, analyze and judge the possible case handling risks of each node, strengthen the intelligent warning of trial risk monitoring, and promote early detection, early warning and early disposal of judicial integrity risks.

  13. Improve the mechanism for consciously accepting external supervision and restriction. People's courts at all levels shall consciously accept the supervision of the people's congress, democratic supervision, mass supervision, public opinion supervision, and legal supervision of procuratorial organs in accordance with laws and regulations, and ensure that trial activities are conducted in an orderly manner under supervision and restraint. Implement the People's Assessor Law, do a good job in the selection, participation, training, management, and publicity of people's assessors, and ensure the people's effective participation in and supervision of justice. People's courts at all levels should actively use the "four platforms" of judicial openness, actively construct an open, dynamic, transparent and convenient judicial mechanism to expand the breadth and depth of judicial openness.

  4. Improve the personnel classification management system and strengthen the construction of the duty performance guarantee system

  14. Promote the dynamic management of legal officials. The number of legal officials in the people’s courts below the provincial level is managed by the higher people’s courts within the total approved amount. In principle, the number of municipalities (regions) divided into districts is used as a unit, and rationally allocated and dynamically adjusted within the scope of the province. The allocation of legal officers in basic people's courts should be based on the approved establishment, total number of cases handled, and the number of cases handled by judges per capita. The allocation of legal officers in high-level and intermediate people's courts may appropriately consider the workload of undertaking guidance and other tasks.

  The allocation of legal officials should be tilted towards the grassroots and the front line of case handling, and the proportion of legal officials in the higher people’s courts shall not be higher than the average level of the basic people’s courts in the jurisdiction. Where the higher-level people's court adjusts the allocation of legal officials in the courts of its jurisdiction, it may adjust the reserved legal officials or make overall adjustments to the already allocated legal officials. The amount of legal officials reserved by the higher people's court for dynamic adjustment shall not be used in this court in principle. After the court posts are dynamically adjusted, the accounting base of the judge rank ratio of the relevant courts shall be adjusted accordingly in a timely manner. The number of judge ranks in the courts with reduced posts can be gradually resolved.

  15. Promote the dynamic management of political and legal special preparations. The higher people’s courts should strengthen communication and coordination with the provincial-level establishment departments, clarify the collaborative management methods, improve the work operation mechanism, straighten out the procedures for the approval of establishment matters, and properly solve the problems faced by the provincial-level unified management reform of the establishment of political and legal special projects. Within the total number of court political and legal special establishments, in accordance with the principles of overall planning, focusing on key points, and seeking truth from facts, comprehensive consideration of factors such as area of ​​jurisdiction, natural conditions, population, economic and social development level, case scale, and current establishment numbers, promote the establishment to per capita Regions and courts with larger cases are inclined. In accordance with the principles of revitalizing the stock, dynamic adjustment, and optimizing the structure, the balance, accuracy and synergy between the adjustment of the number of legal officials in the province (autonomous region, municipality) and the deployment of political and legal special preparations shall be considered as a whole, strengthen the scientific management of the special preparations of political and legal affairs, and promote the orderly establishment of resources Flow, improve the efficiency of the system. Relying on the personnel information management system, timely update the establishment and post information, and accurately and fully grasp the changes.

  16. Improve the judge selection system. All high people’s courts should establish a regular addition mechanism for judges, and select members reserved or vacated by courts in their jurisdictions. In principle, the selection of judges shall be carried out no less than once a year; explore the cross-regional selection of judges and select judges across regions and cities. If the judges are selected, they should be reported to the Supreme People’s Court for approval; if the selection of judges across provinces (autonomous regions and municipalities), they should be reported to the Supreme People’s Court for approval. During the selection process of judges, when recommending candidates to the provincial judge selection committee, the per capita workload of judges and the number of judges to be retired in the near future can be considered comprehensively, and candidates can be recommended based on a ratio of no more than 30% of the number of vacancies for judges. . Before the start of the next selection process, if the number of legal officials is vacant, they can directly recommend candidates from the replacement candidates and submit them to the Higher People's Court for approval according to the procedures and go through the appointment procedures. If it is not possible to make up the quota, the judges shall participate in the selection again in accordance with the same procedures and standards as other personnel during the next selection of judges.

  17. Improve the exit mechanism for judges. If a judge in a leading position fails to handle the case, fails to meet the requirements in handling the case, or handles the case under the name of a false name, and refuses to make corrections, he shall withdraw from the post. If the judge has withdrawn from the post and the court where he belongs has not initiated the withdrawal procedure, the people's court at a higher level shall promptly supervise and urge. If the judge disagrees with the decision concerning the withdrawal of the post, he may apply to the court where he holds a review within seven days after receiving the decision. If a judge needs to be removed from his legal post after resigning his post, he shall promptly apply for relevant removal procedures. After five years after the judge withdraws from the post due to the opinion of the Disciplinary Committee, or two years after withdrawing from the post due to voluntary application or failure to meet the performance appraisal of the case, the judge can reapply for the post.

  18. Improve the gradual selection system for judges. Implement the provisions of the Judge Law on the gradual selection of judges, improve the working mechanism for the judge assistants of the higher people’s courts to participate in the selection of the lower people’s courts, and improve the guarantee policies that match the gradual selection system of judges. The assistant judges of the Supreme People’s Court and the Higher People’s Court may not only serve in the basic-level people’s court in principle, but may also serve in the intermediate people’s court as needed.

  Before the implementation of the post system, if you have served as a judge in a lower people's court for a certain number of years, meet the admission requirements of the current court, and are still assisting in the case with the judicial department, you can participate in the admission selection in the current court. With the approval of the Supreme People’s Court, the higher people’s courts may appropriately relax the qualifications for selecting judges in ethnic areas and remote areas within their jurisdiction and the length of service in the lower people’s courts. The Supreme People's Court, in conjunction with relevant departments, will carry out the evaluation of the effect of the gradual selection work in a timely manner, and continuously improve the gradual selection system.

  19. Standardize communication and appointment procedures. Judges of the people’s courts at all levels are adjusted to non-case handling positions or transferred from the court system due to work needs, and return to the court case handling positions within five years of leaving the post and meet the requirements for serving as a court judge, the higher people’s court shall approve or decide the admission; If the above-mentioned personnel have withdrawn from their posts for more than five years, they must return to the court's case-handling position to participate in case-handling for one year. After passing the performance appraisal, they shall go through the admission procedures in accordance with the above procedures. Transferred to the same or lower-level people’s court handling position in the province (autonomous region, municipality directly under the Central Government) or across provinces (autonomous region, municipality directly under the Central Government) due to work needs, or selected to the higher-level people’s court case handling position through the cadre selection and appointment process, and meets the requirements of a new court judge If the admission is approved or decided by the higher people’s court; those who are selected to serve as judges in the higher people’s courts through the step-by-level selection process shall be post judges, and shall go through the formalities for appointment of judicial posts in accordance with legal procedures without the need for admission procedures. The cadres selected by the organization and assigned to the court case-handling post for temporary training shall be approved or determined by the higher people’s courts if they meet the requirements of the temporary court judges; for temporary training cadres, the number of posts and positions in the temporary court shall not be occupied.

  20. Standardize the management of auxiliary trial personnel and judicial administrative personnel. The assistant judges in the special establishment of the central government's politics and law are managed as civil servants in the category of comprehensive management, and at the same time they are managed by ranks. On the basis of strict control of politics, competence, and strengthening of management, explore the establishment of a system for law teachers, law students and other personnel to come to the court to exchange, practice, and serve as judge assistants. The clerks should generally have a college degree or above, proficient shorthand skills and certain legal expertise. Except for some case handling positions that need to retain some political and legal establishment clerks due to confidentiality, in principle, they no longer occupy the central political and legal special establishment, and can be combined Actually implement the employment system, employee system and other methods of management. The clerks in the establishment shall be managed as civil servants in the category of comprehensive management, and at the same time they shall be managed by rank. Promote qualified internal clerks to be transferred to judges’ assistants in due course. Formulate management methods for police auxiliary personnel, clarify job responsibilities, management methods, etc. Strictly control the proportion of judicial administrative personnel. In principle, the judicial administrative personnel of basic people's courts shall not exceed 15% of the central government's special establishment of political law. Actively unblock the communication channels between judicial administrative personnel and judges and trial support personnel.

  People’s courts at all levels can implement hierarchical management of external clerks and auxiliary police officers based on actual conditions, continuously improve incentive measures, coordinate local finance, human resources and social security and other departments, and list the funds required for external clerks and auxiliary police officers. Enter the court’s annual budget for overall planning and protection; reasonably determine the remuneration standards for outside clerks and police assistants, establish a dynamic adjustment mechanism, and improve an evaluation mechanism linked to work performance. Strengthen the social security benefits such as basic pension, medical care, unemployment, maternity, work-related injury, and housing provident fund for outside clerks and police assistants.

  21. Improve the management system of judges' individual job sequence. The Supreme People's Court, in conjunction with relevant departments, formulates relevant regulations on the management of the individual positions of judges. Judges are managed in accordance with the sequence of individual positions, and a combination of regular promotion and selective promotion is adopted. Judges who are particularly outstanding or have special needs in their work can be specially selected for promotion. The selection and promotion should be controlled within the prescribed level ratio or number range, and particularly excellent judges are encouraged to implement special selection and promotion. Special selection and promotion can break through their qualifications or be promoted beyond the ranks. If the judge's annual assessment is determined to be basically competent, does not perform the annual assessment, or participates in the annual assessment of indefinite order, the assessment year is not counted as the number of years for the promotion of judges. During the period under the influence of party discipline and government sanctions, no promotion to the judge level is allowed.

  Judges need to be transferred to trial assistants, judicial administrators or other party and government agencies due to work needs. According to the judge’s promotion authority, the qualifications, work experience and other conditions are considered comprehensively to determine the rank: first and second senior judges can Determined as first-level and second-level inspectors, third-level and fourth-level senior judges can be determined as first-level to fourth-level investigators, and first-level to fifth-level judges can be determined as first-level to fourth-level chief staff. For professional technical and administrative law enforcement positions, the rank shall be determined according to the relevant principles for exchanges to comprehensive management positions.

  22. Improve the remuneration system. Improve the implementation of the relevant pension insurance policies after the pilot reform of the individual job sequence of judges, improve the implementation of the salary system that matches the individual job sequence of judges, and promote the implementation of a regular salary adjustment mechanism for judges. When other civil servants adjust their salary and treatment standards, they will adjust the salary and treatment standards of judges accordingly. The distribution and distribution of judges’ performance appraisal bonuses shall be based on the principle of “highlighting actual performance, rewarding the good and punishing the poor, and leaning on the front line”, not tied to the rank of judges, and focusing on the frontline case handlers. The people's courts at all levels shall reasonably determine the level of incentive performance appraisal bonus and the proportion of personnel based on actual conditions, so as to truly extend the level and reflect differences. In case of party discipline or government disciplinary sanctions due to violations of discipline and law, no incentive performance appraisal bonus will be issued during the affected period; if the sanction period is less than one year, the incentive performance appraisal bonus will be reduced proportionally. The higher people’s courts should actively seek support from local party committees and governments, strengthen communication and coordination with organizations, finance, and human resources and social agencies, and fully implement medical treatment, travel, official transportation subsidies, and housing that are compatible with judges’ individual positions.

  23. Improve the performance appraisal system. People's courts at all levels shall follow the law of justice, comprehensively consider factors such as the number of cases handled, the quality and effectiveness of case handling, distinguish personnel categories, job characteristics, and case types, and formulate highly targeted, reasonable grade differences, and simple and easy performance evaluation methods. Judges’ performance appraisal adopts a combination of quantitative and qualitative, quantitative methods, scientifically formulates and uses quantitative indicators, uses calculation methods such as weighted calculations, and sets reasonable weight ratios. The performance appraisal of judges includes basic content such as the number of cases handled, the quality of handling cases, the efficiency of handling cases, and the effect of handling cases. People's courts at all levels can make corresponding adjustments according to the focus of trial work.

  While completing the task of handling cases, judges should participate in special work, trial investigations, and business guidance according to organizational arrangements. Evaluation indicators should be set scientifically to fully reflect the workload of judges. Explore the integration of intelligent applications into the case handling platform, automatically capture case handling and office data, generate the assessment process in real time, dynamically update the assessment content, and open the assessment process throughout the process to ensure that the assessment results are objective, accurate and traceable. The assessment of judges adopts a combination of usual assessment and annual assessment, and the annual assessment is based on the usual assessment. The results of the assessment are recorded in the trial performance file as an important basis for the judge's rewards and punishments, promotion, adjustment of position and salary, post-post training, removal, demotion, and dismissal. Those who fail the appraisal shall adjust their posts, lower their grades, stop issuing performance bonuses, or withdraw their posts in accordance with regulations.

  24. Strengthen the protection of performing duties according to law. Further clarify the responsibilities of the Judges' Rights Protection Committee, improve the working mechanism, and strengthen safety education and training. If a judge has been falsely reported due to the performance of his duties in accordance with the law, the people’s courts at all levels shall coordinate with relevant units to clarify the facts in a timely manner, eliminate adverse effects, and hold relevant units or individuals accountable. People’s courts at all levels shall improve the joint defense and linkage mechanism with public security organs in accordance with the law, and severely punish the threats, intimidation, insults and slanders, retaliation and framing, and violence against court officers and their close relatives in accordance with the law; In case of personal threats, coordinate the local public security organs to take necessary protective measures; earnestly implement the guidelines on punishing the crimes of assaulting the police in accordance with the law, and strengthen the protection of judicial police in performing their duties in accordance with the law. Promote the improvement of the court's special subsidy policy for police officers on duty. Actively implement the central government's compensation policy for sacrificing judges and judicial police for duty, and earnestly do a good job in the declaration, distribution and filing of the "two funds". Further standardize the inspection and evaluation work of inspectors, resolutely clean up and cancel unreasonable and unnecessary evaluation items and indicators, and effectively reduce the burden on the grassroots and reduce the pressure of police officers.

  5. Optimize the allocation mechanism of judicial resources and effectively improve the effectiveness of trials

  25. Improve diversified dispute resolution mechanisms. The people’s courts at all levels shall, in accordance with the requirements for the construction of a one-stop multiple dispute resolution and litigation service system, actively improve the mechanism for the diversion and connection of litigation and non-litigation dispute resolution methods, strengthen the connection of online litigation non-diversion and litigation mediation, and speed up the mediation platform of the people’s courts. Arbitration institutions, notary institutions, people’s mediation, administrative mediation, industry mediation and other non-litigation dispute resolution platforms are docked, and online platforms are fully used to coordinate and integrate dispute resolution forces such as law societies, industry associations, industry organizations, chambers of commerce, and lawyers to achieve a large number of disputes Diversified solutions before litigation. Regarding marriage and family, road traffic, property disputes, consumer disputes, labor disputes, medical disputes, banking insurance, securities and futures and other types of disputes, strengthen the docking with relevant departments, establish and improve the online and offline pre-litigation linkage mediation mechanism, and clarify the procedures for connection rules , To promote efficient resolution of disputes before litigation.

  26. Deepen the diversion of complicated cases. People’s courts at all levels should strengthen the effective connection between the multiple dispute resolution mechanism and the traditional and simplified diversion mechanism, and can formulate specific standards in accordance with the requirements for the complex and simplified diversion of civil, criminal, administrative and enforcement cases, combined with local conditions, develop the traditional and simplified diversion system algorithm, and embed the case The system forms a traditional and simplified diversion mode of "intelligent identification is the main and manual diversion is supplemented". Improve procedures to apply incentive mechanisms, accurately distinguish between "complicated cases" and "simple cases", establish scientific and reasonable evaluation indicators and mechanisms for handling cases, and guide the parties through fast trial and execution, performance incentives, etc., and encourage judges to choose small amounts in accordance with laws and regulations Litigation procedures and summary procedures to handle cases. The higher people’s courts in the pilot areas for reforming the complicated and simplified civil litigation procedures shall strengthen pilot guidance and management, study and formulate implementation rules, encourage exploration and innovation, and lay the foundation for promoting legislative revision and improvement. The non-pilot courts should actively learn from the experience of the pilot courts and be prepared for promotion without breaking through the laws and judicial interpretations.

  27. Promote the intensive and socialized management of auxiliary trials. People’s courts at all levels shall, in light of actual conditions, sort out the scope and items of adjudication ancillary services suitable for purchasing social services, conduct the purchase of services from the society in a standardized and orderly manner, establish and improve systems for open bidding, operation supervision, and business training. The required funds shall be included in the courts. Annual budget planning guarantee. Improve the intensive management work process of trial auxiliary affairs, explore the formation of professional work teams, and centrally handle matters such as document delivery, property preservation, and execution of investigation and control.

  28. Strengthen the construction of smart data center. All higher people's courts should rely on the construction of smart courts, vigorously promote the application of blockchain technology in courts in their jurisdictions, actively explore the in-depth application of smart contracts, and strengthen the construction of smart data centers based on judicial big data management and service platforms. People’s courts at all levels should further explore and expand the application of modern technologies such as artificial intelligence and 5G in adjudication work, and promote the in-depth application represented by automatic cataloging of electronic files, online scoring, auxiliary generation of legal documents, and automatic generation of electronic files. "Electronic archives are the mainstay, and paper archives are the supplement."

  People's courts at all levels should fully understand the significance of deepening the comprehensive and supporting reforms of the judicial accountability system, earnestly strengthen organizational leadership, earnestly perform the main responsibilities, closely integrate the actual work, promote the implementation of the implementation opinions, and play a breakthrough and leading role in reforms , Relying on reform to respond to changes and open up new ones. All high-level people’s courts should take the initiative to act, put an end to the idea of ​​“waiting and relying”, closely relying on the leadership of the party committee, actively seeking support from the government and other parties, combining local actualities, doing basic work, supporting and improving implementation rules, and effectively strengthening reform supervision , Fully mobilize the enthusiasm, initiative, and creativity of the courts in the jurisdiction, earnestly promote the implementation of the reform measures that the courts can do, and ensure that the specific reform tasks are carried out. The people’s courts at all levels shall carefully study and put forward suggestions on the new problems and situations encountered in the implementation of these implementation opinions, which shall be summarized by the higher people’s court and reported to the Supreme People’s Court in a timely manner.

  This implementation opinion will be implemented on August 4, 2020. If the previous relevant regulations are inconsistent with this implementation opinion, it will be implemented in accordance with this implementation opinion.