2013 SPC Work Report by Court President Wang Shengjun

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March 10, 2013

[Court President Wang Shengjun]Delegates: I will now make a work report to the General Assembly on behalf of the Supreme People's Court for your deliberation and approval, and we ask every member of the CPPCC for comments.

Principle Works of the Last 5 Years

Since 2008, under the strong leadership of the CPC central committee and the supervision of the NPC and its standing committee, the Supreme People's Court has earnestly implemented the resolutions of the 11th national people's congress and previous assemblies, faithfully carried out the duties provided for by the constitution and laws, fully completed the work of adjudication, worked to enhance our own construction by strengthening supervision and guidance over people's courts at all levels, and promoted the continuous improvement and development of the people's courts' work so as to actively strive toward preservation of social fairness and justice, the respect for and protection of human rights, the advancement of the establishment of the rule of law, and the promotion of social economic development.

Over the last five years, the SPC has accepted 50,773 cases and tried 49,863 cases to completion, increases from the previous five years of 174%and 191% respectively,with 82.4% of cases completed within the allotted time limits. Local people's courts at all levels accepted 56,105,000 cases and 55,259,000 cases were tried and enforced to completion valuing 81,700 trillion yuan; increases of 29.3%, 29.8% and 47.1% respectively, with 98.8% of cases completed within the allotted time limits.

1. Punished criminal offenses in accordance with law, working to preserve national security and social stability

Persevered in equally emphasizing both criminal punishment and the protection of human rights, by strictly implementing the criminal policy of tempering justice with mercy ; with 41,410,000 first-instance criminal cases tried to completion, and 52,350,000 persons criminally sentenced; increases of 22.3% and 25.5% respectively. ]

Severely punished serious crimes in accordance with law by trying 1,357,000 cases of crimes such as murder, robbery, kidnapping, detonation of explosives, organized criminal organization, trafficking in woman or children; and sentencing 1,858,000 people.

Completed trials of major cases such as the criminal cases associated with the Lhassa March 14 incident and the Urumuqi July 5th incident, as well as the case of Chinese boatmen injured on the Mekong river; striking a major blow against separatists, terrorists, and violent offenders. Lawfully punished crimes that endangered the life or well-being of the masses by trying 14,000 cases, and sentencing more than 20,000 persons, involved with production and sale of faulty milk powder, ractopamine, sewer oil and other harmful or poisonous foods, or the production and sale of shoddy goods that do not comply with safety standards.

Severely punished crimes that endangered production safety in accordance with law by completing trials of 6283 cases of major accident liability, sentencing 8239 people; completing trials of 66,000 cases of reckless driving, sentencing 66,000 people, and actively participated in the struggle against corruption by completing trials of 138,000 cases of bribery or dereliction of duty, sentencing 143,000 people. Handed down punishments for abuse of the internet to transmit obscene electronic materials and struck a blow to counterfeiting, fundraising scams, commercial bribery and other crimes, so as to maintain the proper order of the market economy.

Carefully tried death penalty cases in accordance with the law, strictly reviewing death sentences, and ensuring that capital punishment was applied to the smallest possible number of extremely serious criminals. Effectively protected the lawful rights and interests of victims, strengthening relief efforts for victims of crimes. Protected the procedural rights of the accused to ensure that innocent persons are not subject to criminal prosecution. Earnestly implemented the directive of "education, reform and rescue" in juvenile delinquency cases, establishing a sealed records system for minor crimes to guarantee minors ' healthy upbringing. Standardized sentence reductions and parole, actively participated in management and mentorship of special groups and promoted community-corrections work together with the relevant departments to promote a stable and harmonious society.

2. Properly tried assorted cases from the economic sector to promote sustainable and healthy economic development in accordance with law.

Successfully performed commercial trial work. Concluded 16,307 million commercial trials, an increase of 42.6%. Properly responded to the new challenges to trial work posed by the global financial crisis so as to protect the legitimate rights and interests of market entities. Concluded 2.808 million financial dispute cases to preserve financial security and financial order; concluded more than 50,000 merger, reform, bankruptcy, forced liquidation, or equity transfer cases to promote the optimal adjustment of the economic structure; Concluded 2.924 million civil lending cases to regulate and promote the healthy development of civil finances and properly tried various cases resulting from the disruption of the chain of capital to small and medium sized enterprises so as to ensure the normal operation of enterprises and the protection of employees' rights and interests in their livelihood.

Successfully performed intellectual property rights trial work. Completed 278,000 first-instance intellectual property cases, an increase of 284.2%. Fully engaged in the implementation of the national intellectual property strategy and continuously increased the strength of judicial intellectual property protections. Increased transparency in intellectual property rights litigation by periodically releasing white papers on intellectual property protections, annual reports, and example cases. Increased transparency in intellectual property rights litigation by periodically releasing white papers on intellectual property protections, annual reports, and example cases. Actively participated in the struggle against violations of intellectual property rights and in the special movement against the manufacture and sale of fake or shoddy goods. Enhanced the protection of patented technologies and recognizable trademarks. Tried cases relating to industrial design, internet works, folklore and intangible cultural heritage, to promote the healthy development of cultural production.

Successfully performed trial work on commercial matters involving foreign parties, maritime affairs, or Hong Kong, Macao and Taiwan. Completed trials in 106,000 foreign-related or maritime commercial cases and 65,000 cases involving Hong Kong, Macao or Taiwan, relative increases of 64.2% and 46.4% respectively. Optimized the jurisdictional organization for foreign-related commercial cases, and those involving Hong Kong, Macao or Taiwan; and improved systems for recognizing the Taiwan region's civil court judgments. Tried cases such as those involving foreign investment, compensation for oil pollution resulting from shipping, and maritime freight representation disputes to ensure the equal protection of foreign and Chinese parties' legitimate rights and interests. Enhanced judicial communication and cooperation between the internal regions and Hong Kong and Macao, and between the mainland and Taiwan. Organized the first "high-level, cross-straits, Hong Kong, and Macao judicial forum" mutually sharing legal documents, and assisting in the investigation of 29,000 cases.

3. Strived to realize the principal of a judiciary for the people, and protecting the people's legitimate rights and interests in accordance with law

Properly tried cases intimately tied to the people's lives and livelihoods. Tried 14,749,000 first-instance civil cases, an increase of 37.8%. Focused on the protection of the people's livelihood, trying 2,329,000 cases in areas such as personal injury, labor and employment, social security, education, medical treatment, housing, consumer issues, and property services; an increase of 104.2%. Provided real protection for rural residents' lawful rights and interests, punishing those who manufacture and sell fake pesticides, seeds, or fertilizer or engage in other behavior that obstructs or harms farmers; and trying 1,135,000 cases involving the trade of agricultural materials, farming land contracts, farm workers seeking past wages and other cases involving the 'three rurals'; an increase of 51.9%. Properly tried cases involving the military, by ensuring the national defense and protecting the lawful rights of soldiers and their families in accordance with law.

Safeguarded the lawful rights and interests of administrative claimants and their counterparts. Concluded 624,000 first instance administrative cases, an increase of 32.4%, and 8,684 state compensation cases, for a compensation total of 218 million yuan. Accepted and tried administrative litigation cases in accordance with law to truly protect the legitimate rights and interests of citizens, legal persons and other organizations; and supervised and supported executive organs in accordance with law to promoting the establishment of governance under the rule of law. Strengthened efforts such as the protection of parties' procedural rights and coordination of settlement in administrative cases, centralized the review of administrative appeals, and strove to ensure that administrative disputes received practicable solutions. Established sound national compensation mechanisms, enhancing the enforcability of compensation decisions , and ensuring that claimants' rights are realized as early as possible.

Preserved the lawful rights and interests of those applying for enforcement. Accepted 12.196 million enforcement cases, and enforced 12.039 million cases; increases of 9.8% and 11.5% respectively. Established a sound system for the unified management of enforcement within the jurisdiction of the high people's courts, and improved systems such as those for case filing assistance and coordination in enforcement judgments, management of the enforcement process, holding open hearings, reconsideration of objections; and outsourcing evaluations and judicial auctions; strengthened the construction of enforcement linkage mechanisms and established comprehensive mechanisms for handling systemic problems in enforcement work. Implemented concentrated clearance for long-outstanding cases, cases of enforcement dodging, and cases where enforcement was entrusted outside for clearance action, in an effort to raise the quality and efficiency of enforcement.

Effectively addressed the lawful and reasonable requests of the petitioning masses. Persisted in being the source of governance, earnestly implementing an accountability system for petition work, increasing efforts to resolve petitions related to litigation, clearing long-outstanding petition cases involving litigation, and promoting the separation of petitions and litigation through systems such as answering questions after judgment and hearing evidence on appeals. Persisted in methods such as having leaders periodically receive petitioners, having judges investigate petition cases or circulate to hear complaints, clearing petitioning channels, leading the masses to rationally express their desires in accordance with law, and petition cases involving litigation have taken a turn for the better. In 2012, 601,000 cases of petitions by the masses were received, a decrease of 75.5% from 2007. Strengthened trial supervision, establishing mechanisms for remanding cases for new trial and ordering feedback on cases being retriedl persisted in correcting errors in accordance with law, submitting 208,000 cases for retrial, a relative decrease of 13.7%, changing the decision in 55,000 cases as a result of error or other statutory issues, accounting for .15% of enforceable judgments.

4. Deepened Judicial Reforms and Continuously Improved Trial Operations Mechanisms

Truly advanced judicial reform. Completed the 12 objectives laid out by central government and the 113 objectives in the people's courts' "35" reform platform. Actively participated in the revision of the criminal law, criminal procedure law, civil procedure law and other laws, promptly submitted legislative proposals, and enhanced procedures for criminal and civil proceedings. Advanced criminal justice reform, enhanced the criminal evidence system, brought about standardization in sentencing, carried out remote video arraignments, and thoroughly reformed methods for trying cases involving minors; advanced civil case reform, carried out pilots for civil cases, carried out '3 in 1' pilots for abbreviated claims trials and intellectual property rights, standardized judges discretionary power; advanced administrative justice reform, carried out pilot projects in simplified administrative litigation proceudres, refined procedural rights protection mechanisms and review mechanisms in non-litigated cases, completed reforms of the railway transport court management system

Refined mechanisms for the administration of justice. Comprehensively advanced disclosure of adjudicator work such as case filing, trial, enforcement, evidentiary hearings, and documents. Published annual work reports for the people's courts, established systems for the online release of judgment documents and online reference for enforcement cases, chose 'exemplary courts for judicial openness' and expanded the scope and depth of judicial public disclosure. Expanded judicial democracy, refined the system of people's assessors, reaching 85,000 people's assessors in over 1.487 million cases in 2012 ; increases of 52.7% and 294.5% respectively over 2007. Persisted in prioritizing mediation and combining mediation with trial, improved the quality of mediation, standardized the procedures for judicial confirmation of people's mediation agreements, established sound mechanisms for linking litigation and non-litigation dispute resolution, the settlement or withdrawal rate for first-instance civil commercial cases reached 64.6%.

Promoted the people's convenience in judicial work. Further standardized "petition case-filing windows " and regulate their establishment, intermediate and basic level court coverage rates are 93.3% and 90.1% respectively, fully bringing into play their functions such as litigation guidance, case-filing review, pre-trial mediation, assistive services, inquiry consultation, post-judgment information and reception of petitioners. Increased the establishment of people's courts in remote areas or regions where transportation is inconvenient. Set up special court divisions for cases frequently occurring in a given area, such as labor disputes, finance or the environment and created special courts for the Beijing Olympics, the Special Olympics and the Shanghai World's Fair. Increased the establishment of accessible courts, making it convenient for handicapped persons to litigate. Promoted methods such as online case booking, delivery, and trial, developing 'roaming courts' making it convenient for the masses to litigate. Increased judicial assistance efforts by providing 769 million yuan to allow parties with real financial difficulties to reduce or avoid litigation fees, an increase of 11.2%.

Strengthened supervisory guidance and trial management. . To improve supervisory guidance mechanisms, the Supreme People's Court published 106 judicial interpretations, and 160 guiding opinions to guide local people's courts at all levels in the correct application of the law; earnestly strove to clear up judicial interpretations and raise their quality; increased case guidance work and rigid judgment standards. Established trial management organizations, refined the system for evaluation of case quality, strengthened the administration of trial management processes, established and improved long-term mechanisms for controlling and preventing cases exceeding their time limits, improved the quality and efficiency of trials. In 2012, 91.2% of parties in first-instance cases of all kinds accepted the judgment, reaching 99.4% after second-instance trial, increases of 1.2 and 1.4% from 2007.

5. Strengthened team organization, worked to improve the overall character of court personnel

Strengthened construction of political-ideology. Persisted in taking the Party's leadership in building and promoting trial, by thoroughly implementing the rational view of development in both study and practice , carrying out ideological education on the socialist rule of law, and implementing activities and practice themes such as, "the people's judges serving the people"; strove to fulfill the core judicial values of "justice, integrity and service to the people" ; strengthened the party construction of the people's courts, ensured that court teams are always loyal to the party, the nation, the people, and to the constitution and laws; and ensured the correct political direction of work in the people's courts.

Strengthened judicial capacity-building. Enhanced mechanisms for training personnel, developed personnel training plans, completed a system of training divided by level and type, carried out training of all staff, updated training methods and improved the quality of training. Carried out activities such as case-handling models and trial expert selections, held the 'two reviews' of trial and judgment documents and large scale trainings for judicial police; the outreach lecture group ventured to mid-western regional courts to do a training circuit, and truly increase the judicial capacity of the judges. More than 1,800,000 policemen attended trainings at all level of people's courts.

Strengthened the structure of judicial working methods. Organized and carried out public forum discussions and reviewed judicial work methods; held special reviews of improper collection of fees; improper management of assets related to cases; specially managed conference activities and use of public cares, regulated judicial conduct and advanced judicial work models. Learned from the publicity of advanced models such as Song Yushui, Chen Yanping, Zhan Gongli, Zhai Shuquan, to establish a positive image of the people's judges. There are 2596 groups and 3228 individuals, at all levels of the people's courts, who have received commendations and awards from relevant departments of the central government

Strengthened the establishment of judicial clean governance. 深入开展司法廉洁教育,加强廉政风险防控机制建设,出台“五个严禁”规定,建立廉政监察员、法官任职回避、防止内部人员干扰办案、防止利益冲突等制度,不断强化对司法权运行的内部监督。 拓宽举报受理渠道,加大对违纪违法案件查处力度,共查处利用审判执行权违纪违法干警1548人。 人民群众对法院干警违纪违法行为的举报投诉呈逐年下降趋势。

6. Emphasized construction of the base level to build a solid foundation for the work of the people's courts

Raised the level of judicial work at the base levels. 最高人民法院坚持面向基层、服务基层、建设基层,加大对基层工作监督指导力度,通过制定司法解释和指导性意见、建立基层联系点制度、开展司法巡查和审务督察等多种方式,增强监督指导的针对性和实效性,帮助基层提高审判质量和效率。

Strengthened job security at the base level. 落实党和国家有关政策规定,推动建立人民法院经费和基础设施建设保障机制,中级、基层法院办案经费有所增加。 新增政法专项编制主要分配给基层法院,案多人少矛盾有所缓解。 推进政法干警招录培养体制改革试点,为中西部地区基层法院招录干警4314人。 推进信息管理“天平工程”建设,推行网上办案、电子签章等措施,审判工作信息化水平有所提高。

Supported the work of Tibet, Xinjiang and other western regions' courts. 制定人民法院援藏、援疆指导意见,加大对西藏、新疆等西部地区法院工作的援助力度。 针对少数民族法官来源不足的问题,会同有关部门完善司法考试政策,加大民族地区双语法官培养力度,共培训双语法官3711人次。 支持西部地区法院加强基础建设,不断改善司法条件。

Delegates, the conscientious acceptance of oversight is an important guarantee of the fair exercise of judicial power. 最高人民法院制定全面加强接受监督工作的意见,大力推进监督机制建设。 自觉接受全国人大及其常委会监督,认真负责地做好刑事审判、民事审判、知识产权审判、执行工作和基层建设专项报告,严格落实全国人大常委会审议意见;积极配合全国人大常委会做好法官任免工作,严格执行司法解释备案等制度,协助开展执法检查和专题调研;加强与代表的联络沟通,走访、接待或以其他形式听取代表意见3281人次,办理全国人大代表建议及其他事项3516件。

Earnestly accepted the democratic oversight of the CPPCC and Democratic Party factions, the Federation of Industry and Commerce, and persons without party affiliation, promptly reporting the conditions of court work and fully hearing their opinions and suggestions, visiting and receiving members of the CPPCC 1004 times and handling 649 cases or other matters raised by CPPCC members. 依法接受检察机关诉讼监督,会同最高人民检察院开展民事执行活动监督试点,依法审理检察机关对生效裁判提出的抗诉案件,认真办理检察机关工作建议。

积极接受社会各界监督,畅通民意沟通渠道,建立健全特邀咨询员、特约监督员制度,及时听取专家学者、律师、各界群众的意见建议。 自觉接受舆论监督,高度关注网络舆情,及时回应社会关切。 地方各级人民法院不断强化接受监督意识,拓宽接受监督渠道,改进接受监督方式,有力促进了各项工作健康发展。

各位代表,人民法院工作取得的成绩和进步,是党的坚强领导、人大有力监督和政府、政协、有关部门、社会各界、人民群众大力支持的结果,是全国人大代表、全国政协委员关心爱护的结果,在此表示衷心的感谢,并恳请大家在今后的工作中给予更多的帮助。

我们清醒地认识到,人民法院工作还存在不少问题和困难:一是确保人民法院依法独立公正行使审判权的体制还不够健全,司法体制改革有待进一步深化。 二是推进司法公开、弘扬司法民主、确保司法公正等方面与人民群众的要求还有差距,相关工作机制有待进一步完善。

Third is that a few areas have not yet effectively resolved the issues of difficulties in litigation and enforcement at their core. 四是一些法官司法能力不强,处理新类型及复杂疑难案件的水平不高;有的法官司法作风不正,司法行为不规范,工作方法简单;极少数法官徇私舞弊,贪赃枉法,严重损害人民法院形象和司法公信力。 五是基层基础工作仍然存在不少困难,一些法院人才流失、法官断层问题严重,司法环境有待进一步改善。 对这些问题和困难,我们将在各方面关心支持下,切实采取措施,努力加以解决。

2013Work Schedule

In 2013, courts at all levels should earnestly study the spirit of the 18th Party congress, all the while maintaining the supremacy of the Party's cause, the supremacy of the people's interests, and the supremacy of the Constitution and laws; and shall promote the following 6 aspects of work, while maintaining the a comprehensive service, a judiciary for the people and closely revolving around the promotion of governance under law.

First, strive to provide strong judicial guarantees for economic social development. 全面贯彻党中央关于经济社会发展的重大部署,加强调查研究,坚持能动司法,妥善审理深化经济体制改革、实施创新驱动发展战略、推进经济结构调整中发生的各类案件,及时提出司法建议,促进经济发展方式加快转变。 高度重视、妥善审理涉“三农”案件,促进“三农”工作发展。 依法惩治刑事犯罪,进一步增强人民群众安全感,推进平安中国建设。

Strictly punish corruption, bribery and dereliction of duty in accordance with law, promote the further implementation of the struggle against corruption. 妥善审理涉及选举权、被选举权等案件,依法保障人民民主。 妥善审理涉及文化产业事业的案件,推进社会主义文化强国建设。 妥善审理社会管理中发生的各类案件,推动社会管理创新。 妥善审理涉及环境保护、资源开发等案件,推进美丽中国建设。

Second, better implement the goal of a judicary for the people. 始终坚持以人为本,牢记群众利益无小事,妥善审理事关民生的各类案件,依法维护人民群众合法权益。 加强司法便民利民工作,在立案、审判、执行各个环节进一步采取措施,为群众诉讼提供更大便利,最大限度减轻群众讼累,最大限度满足人民群众司法需求,更加有效解决诉讼难、执行难问题。 扎实开展诉前调解、小额速裁等工作,尽快为群众解决矛盾纠纷。 加强司法救助工作,使经济上确有困难、诉讼能力不高的群众能够依法维护自身权益。 坚持深入基层,完善民意沟通机制,广泛听取群众意见,不断改进工作,更好地回应社会关切。

Third, vigorously establish increased public confidence in the judiciary. 公正是公信的基石,是司法工作的生命线,必须以公正树形象立公信。 坚持以事实为根据,以法律为准绳,依法公正裁判案件,切实做到有法必依、执法必严、违法必究。 坚持法律面前人人平等,任何人在诉讼中的程序权利和实体权益都要平等地予以保护,任何人触犯法律都要依法予以处罚,做到不偏不倚、不枉不纵。 深化司法公开,扩大司法民主,促进司法公正,让人民群众在每一个司法案件中切实感受到公平正义。 规范法律适用,严格裁判标准,维护国家法制统一、尊严、权威。 结合执法办案,加强法制宣传,大力弘扬社会主义法治精神,增强全社会学法尊法守法用法意识,促进法治中国建设。

Fourth, further deepen reforms of the judicial system and judicial mechanisms. 紧紧围绕坚持和完善中国特色社会主义司法制度、确保审判机关依法独立公正行使审判权,健全完善有关制度,有效排除对审判工作的干扰,确保司法公正;进一步优化司法职权配置,创新和加强审判管理,改进司法权运行机制;完善内部和外部监督制约机制,进一步加强对审判工作的监督;推进涉诉信访工作改革,完善诉调对接机制,妥善化解社会矛盾。 对社会各界关心关注的重大改革,广泛听取意见,反复进行论证,认真做好试点,确保改革措施切实可行,确保改革成果惠及广大人民群众。

Fifth, comprehensively strengthen team development. 顺应人民群众对司法公正的新期待,更加注重司法能力建设,加强教育培训和社会实践,着力建设高素质、专业化的人才队伍,提升正确适用法律、维护社会公平正义的能力;更加注重职业道德建设,自觉践行“公正、廉洁、为民”司法核心价值观,严格规范司法行为,切实解决人民群众反映强烈的突出问题;更加注重纪律作风建设,严明政治纪律和审判纪律,认真贯彻党中央关于改进工作作风、密切联系群众的八项规定,切实改进司法作风;更加注重反腐倡廉建设,完善惩治和预防腐败体系,加大对违纪违法行为的查处力度,促进公正高效廉洁司法;更加注重基层基础建设,努力提高基层队伍素质,加大对民族地区法院建设支持力度,进一步提升司法水平。

Sixth, strengthen the willing acceptance of supervision from all sides. 对一切依法应当公开的审判活动,敞开大门接受监督,实现阳光司法。 自觉接受人大监督,认真做好向人大报告工作、参与执法检查、司法解释备案等工作,完善人大代表联络制度,广泛听取代表的意见建议。 自觉接受民主监督,加强与人民政协以及民主党派、工商联、无党派人士的联系沟通。 自觉接受检察机关诉讼监督,共同维护司法公正。 自觉接受社会监督、舆论监督,不断改进人民法院工作。

各位代表,面对新形势、新任务,我们要紧密团结在以习近平同志为总书记的党中央周围,高举中国特色社会主义伟大旗帜,以邓小平理论、“三个代表”重要思想、科学发展观为指导,认真落实本次大会决议,奋发进取,扎实工作,为全面推进依法治国、全面建成小康社会作出新的更大贡献!

 

 

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