Beijing, November 30, reporter Zhang Chen, in order to thoroughly study and implement Xi Jinping’s thoughts on the rule of law, implement the deployment requirements of the Party Central Committee on strengthening the construction of political and legal teams, continue to consolidate and deepen the results of the education and rectification of the first batch of court teams, and promote the second batch of court teams Educational rectification has been deepened and implemented. The Supreme People’s Court recently issued the "Implementation Measures for the Uniform Law Application of the Supreme People’s Court" (hereinafter referred to as the "Implementation Measures"). Starting from the functional positioning of the The unified and correct implementation of the law puts forward specific requirements to effectively safeguard the dignity and authority of the country's legal system, ensure judicial justice, and improve judicial credibility.
The "Implementation Measures" consist of 20 articles, focusing on the drafting and formulating of judicial interpretations or other normative documents of the Supreme Law, issuing cases, implementing the search system for similar cases, organizing meetings of professional judges to discuss cases, and other tasks that involve the application of uniform laws. The situation, scope and reference standards for handling case searches, the scope of cases discussed by professional judges meetings, the mechanism for solving specific legal application issues, and the construction of a unified legal application platform and its database are stipulated.
The "Implementation Measures" require that, in the trial of cases by the Supreme People’s Court, with the exception of the “Guiding Opinions of the Supreme People’s Court on Uniform Law Application and Strengthening of the Search of Class Cases (for Trial Implementation)”, the case should be searched for similar cases. Improve the “Four Types of Cases” in the “Guiding Opinions on the Supervision and Management Mechanism of the “Four Types of Cases”, the “Four Types of Cases”, the cases protested by the Supreme People’s Procuratorate, and the public prosecution agency, the parties and their defenders during the trial process.
In cases where the litigation agent submits a guiding case or the Supreme Law’s effective judgments to support their claims, they should also conduct a search of similar cases to strengthen the supervision and management of the “four types of cases”, respond to the expectations of the parties, and ensure that the Supreme Law’s effective judgments There are no differences in the application of law.
The "Implementation Measures" also unified and standardized the format of the search report for category cases to ensure that it fully reflects the process of the investigation of the focus of disputes, the different opinions of the judges retrieved, and the opinions and reasons to be adopted.
The "Implementation Measures" further clarified the scope of cases discussed by professional judges in various departments of the Supreme Law. At the same time, it is clear that an inter-departmental professional judge meeting mechanism will be established to study and resolve cross-departmental differences in the application of laws or cross-field major legal application issues.
The "Implementation Measures" innovated the mechanism for solving the problem of law application, stipulating that the problems of inconsistent and unclear application of specific laws discovered through various channels, especially problems where the conditions for formulating judicial interpretations or trial normative documents are not yet mature, are regulated by The Supreme Court Trial Management Office organizes research and proposes solutions and submits it to the adjudication committee for discussion. In the form of "decisions on the application of law by the adjudication committee", specific rules of judgment are specified, mature one by one, and the trial practice is guided in a timely manner.
The "Implementation Measures" stipulate that the Supreme Law establishes a unified legal application platform and its database. The Trial Management Office, the Research Office, the China Institute of Applied Law, and the People's Court Information Technology Service Center are responsible for the planning and construction of the platform and database according to their respective functions. , R&D, operation, maintenance and upgrading.
Types of cases included in the database, including guiding cases issued by the Supreme Law, second-instance cases, retrial cases, cases of request for instructions, and cases of supervision of implementation reconsideration of various trial departments, discussed by professional judges' meetings, compensation committees, judicial assistance committees, and adjudication committees Cases, and other typical cases with general guiding significance, etc.Keywords: