Provisions on Recording and Pursuing Responsibility of Judicial Organ Personnel Prying into Cases

Title: Central Political-Legal Commission "Provisions on Recording And Pursuing Responsibility Of Internal Personnel of Judicial Organ Prying Into Cases"

Promulgating Entities: Central Political and Law Commission

Reference number:

Promulgation Date: 2015-3-30

Expiration date:

Source of text: http://news.xinhuanet.com/ttgg/2015-03/30/c_1114812926.htm

Central Political-Legal Commission "Provisions on Recording And Pursuing Responsibility Of Internal Personnel of Judicial Organ Prying Into Cases"

Article 1: These Provisions are formulated on the basis of the Constitution and laws, together with the actual practice of the judiciary, so as to fully implement the relevant requirements of the "CPC Central Committee Decision on Several Major Issues Regarding Comprehensively Advancing Governance in Accordance with Law", to prevent the internal personnel of judicial organs interfering with case-handling, and to ensure a fair and clean judiciary.

Article 2: Internal personnel of judicial organs shall perform their duties in accordance with law, strictly observe discipline, and must not violate provisions to pry into or interfere with cases currently being handled by other personnel, must not violate provisions to send case-related materials or ask after case circumstances for a party, and must not intercede or put a word in for parties through any means.

Article 3: Case-handling personnel in judicial organs shall scrupulously uphold the law and judicial fairness, and be unswayed by personal considerations. Interference, intercession or inquiries into a case by internal personnel of judicial organs shall be refused; where materials relevant to the case or other requests are transferred outside of proper procedures, they shall be informed to follow procedures.

Article 4: Where, in order to perform their leadership and supervision duites, a judicial organ's leading cadres or higher level judicial organ personnel need to submit guiding comments to on a case currently being handled, they shall submit it in writing in accordance with procedures, and where it is submitted orally, the case-handling personnel record it in the case file.

Article 5: Where, in order to perform their legally prescribed duties, other staff of a judicial organ need to learn from case-handling personnel about the circumstances of a case currently be handled, it shall be done in accordance with legal or working procedures.

Article 6: In situations where internal personnel of judicial organs pry into cases, case-handling personnel shall make a full and faithful record, so that there is a complete trail with evidence for review.

Article 7: Case-handling personnel's actions in making a full and faithful record of internal personnel of judicial organs prying into cases is legally and organizationally protected.

Internal personnel of judicial organs must not attack or retaliate against case-handling personnel. Case-handling personnel must not be fired, transferred, dismissed, or given sanctions such as demotions or discharge from a post, for matters other than those prescribed by law, or without having gone through legally prescribed procedures.

Article 8: The discipline inspection and supervision departments if judicial organs shall promptly aggregate and analyze circumstances of internal personnel of judicial organs prying into cases, and handle leads of internal personnel of judicial organs violating provisions to interfere with case-handling according to the following methods:

(1) Where internal personnel violate provisions to interfere with case-handling, the discipline inspection and supervision departments for that organ investigate and handle it;

(2) Where leading cadres of that organ violate provisions to interfere with case-handling, report the circumstance to the discipline inspection and supervision departments of the organ that bears authority to manage cadres;

(3) Where higher level judicial personnel violate provisions to interfere with case-handling by a lower level judicial organ, report the circumstances to the discipline inspection and supervision departments for the judicial organ of the interfering personnel;

(4) Where personnel from other judicial organs with no relationship in the administrative structure violate provisions to interfere with case-handling by a lower level judicial organ, give notice of the circumstances to the discipline inspection and supervision departments for the judicial organ of the interfering personnel.

After the discipline inspection and supervision departments for the judicial organ of the interfering personnel has received a report or notice, it shall promptly investigate and handle it.

Article 9: Where internal personnel of judicial organs exhibit any of the following conduct, it is illegal interference in case-handling, and the organ with authority to manage cadres will follow procedures to report for approval, and then give notice; and when necessary it may be disclosed to the public:

(1) making requests for help on behalf of case parties during the verification of leads, case filing, investigation, review for prosecution, trial, enforcement, or other stages;

(2) inviting case-handling personnel to meet privately with parties or their defenders, agents ad litem, close relatives or other persons with an interest in the case;

(3) Transferring materials related to the case for case parties or their defenders, agents ad litem, or close relatives, in violation of provisions.

(4) Making inquiries about case conditions or providing information for case parties, their defenders, agents ad litem, or close relatives, in violation of provisions.

(5) Other conduct that influences judicial personnel's fair and lawful handling of cases.

Article 10: Where internal personnel of judicial organs exhibit any of the conduct listed in article 9 of these Provisions, and it constitutes a discliplinary violation, follow the "CCP Disciplinary Sanctions Regulations", "Administrative Organ Public Official Sanctions Regulations", "Chinese People's Liberation Army Disciplinary Orders" and other such provisions to give disciplinary sanctions; and where a crime is constituted, pursue criminal responsibility in accordance with law.

Where internal personnel of judicial organs attack or retaliate against case-handling personnel for faithfully recording circumstances of prying into a case, and it constitutes a discliplinary violation, follow the "CCP Disciplinary Sanctions Regulations", "Administrative Organ Public Official Sanctions Regulations", "Chinese People's Liberation Army Disciplinary Orders" and other such provisions to give disciplinary sanctions; and where a crime is constituted, pursue criminal responsibility in accordance with law.

Article 11: Where case-handling personnel do not record or do not make a faithful record of internal personnel of judicial organs prying into cases, give a warning and circulate circulate criticism; where there are two or more failures to record of faithfully record, follow the "CCP Disciplinary Sanctions Regulations", "Administrative Organ Public Official Sanctions Regulations", "Chinese People's Liberation Army Disciplinary Orders" and other such provisions to give disciplinary sanctions. Where managing leaders encourage not keeping a record or not making a faithful record, pursue responsibility of the managing leaders in accordance with law and discipline.

Article 12: Circumstances of internal personnel of judicial organs prying into or interfering with case-handling, and circumstances of case-handling personnel making records of internal personnel of judicial organs prying into cases, shall be included in the responsibility system for establishment of party integrity and clean governance, and in the government ranking performance evaluation system, as an important bases for evaluating whether cadres are obeying the law, handling matters in accordance with law, and honesty and self-discipline.

Article 13: internal personnel of judicial organs as used in these Provisions refers to personnel of courts, procuratorates, public security organs,state security organs, and judicial-administrative organs

These provisions apply to violations interfering with case handling by retired judicial organ personnel.

Article 14: The Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, Ministry of State Security, and Ministry of Justice shall incorporate actual work conditions and formulate implementation measures for these provisions to ensuring that relevant provisions are put into place.

Article 15: These Provisions come into force on the date of promulgation.