SPC Provisions on Case Supervision by Parties

Source:http://www.dffyw.com/faguixiazai/ssf/201407/36596.html

[2014] Court Release No. 13

　　The Supreme People's Court's Notice on the Issuance of the "Several Provisions on the People's Courts' Acceptance of Supervision by the Parties in Trial and Enforcement Activities"

High people's courts of all provinces, autonomous regions and directly governed municipalities, the PLA military courts, and the High People's Court of the Xinjiang Uyghur autonomous region branch court for the production and construction Corps:

The "Several Provisions on the People's Courts' Acceptance of Supervision by the Parties in Trial and Enforcement Activities" are hereby released; please faithfully integrate them with your actual conditions, and faithfully carry them out.

Supreme People's Court

July 15, 2014

These Provisions are formulated on the basis of the "Judge's Law of the PRC' in order to regulate the people's courts' efforts to actively accept supervision of trial and enforcement activities by parties to the case, and to promote fair, efficient, honest and civilized justice.

　　Article 1: People's courts, their departments taking on cases, and case-handling personnel shall strictly enforce clean governance and discipline, continuously improving judicial work styles and actively accepting the supervision of parties to cases.

　　Article 2: People's courts should announce provisions on people's courts' work-styles and discipline, and the phone numbers and websites at which reports may be made; in public forums such as the litigation services lobby, the case-filing lobby and dispatch courtrooms .

　　Article 3: During case filing and trial procedures, the people's court shall use appropriate means to promptly and proactively inform the parties of the outcome of review for case-filing, litigation preservation, procedural changes and other key information.

　　Article 4: During enforcement, the people's courts shall use appropriate methods to promptly and proactively inform the parties of the enforcement case filing, modification or addition of persons being enforced against, the implementation of enforcement measures, the checking and control of enforcement assets, the disposition of enforcement assets, the resolution of the present enforcement, resumption of enforcement after the resolution of the present enforcement and other critical information.

　　Article 5: Where parties to a case need to learn about the progress of the case from a people's Court, the court departments for the case and case-handling personnel shall inform them.

　　Article 6: People's courts' departments undertaking cases shall sent a clean governance supervision card to case parties when sending the parties legal documents relevant to accepting the case. The parties to the case may also, as needed, directly obtain a clean governance supervision card from a people's court's litigation service's lobby, case filing lobby or detached tribunal.

Clean governance supervision cards shall be produced in accordance with the format specified by the Supreme Court.

　　Article 7: Parties to the case may send clean governance supervision cards that are completed with their own opinions, directly to the people's court's oversight department, either during case-handling or after the case is completed.

People's court's oversight departments shall carry out unified handling and management of feedback from the case parties' clean governance supervision comments.

　　Article 8: Based on a fixed ratio of the total number of cases handled annually by the court, people's courts shall randomly sample a portion of cases that the court has tried to completion or completed enforcement on, to conduct clean governance follow-up, actively hearing the case parties' appraisal and opinions on the discipline and work styles of case-handling and personnel.

　　Article 9: In addition to conducting clean governance follow-up on the randomly sampled cases, follow-up shall also be conducted on the following types of cases tried or enforced to completion that year:

(1) cases of widespread social concern;

(2) cases where the parties have given feedback that there were violations of clean governance work styles provisions.

(3) other cases where follow up is necessary.

　　Article 10: Clean governance follow-ups may be done by interview, house visits, telephone,, letters or other such methods. The feedback that parties to the case give during follow-ups shall be recorded in the case file.

　　Article 11: Clean governance follow-up work is organized and conducted by the people's courts'oversight department together with the departments undertaking cases.

　　Article 12: People's courts' oversight departments shall follow the methods below for handling case parties' opinions raised on clean governance supervision cards or through follow-ups.

(1) For critical comments, after transferring to the department that undertook the case to clarify the circumstances, give criticism and education to the subject of the supervision as deemed appropriate.

(2) For complimentary comments, after transferring to the department that undertook the case to clarify the circumstances, give praise and rewards to the subject of the supervision as deemed appropriate.

(3) Where clues on violations of discipline or law are provided, work together with the department that undertook the case clean-governance oversight personnel to investigate and handle them.

(4) For feedback on issues regarding the procedures, application of law, verification of facts or other aspects of a case, follow the relevant provisions to transfer the case separately for handling to the department which undertook the case and the adjudication supervision department or adjudication management department.

　　Article 13: After the people's court department that undertook the case handles critical opinion feedback from the case parties, it shall give feedback to the case party on the handling in timely fashion.

After people's courts' oversight departments handle case party feedback on violations of discipline or law, they shall give feedback to the case party on the handling in timely fashion.

Where a case-party's feedback on an issue was untrue, but caused a negative impact on the persons it referred to, the people's court's oversight department and the department undertaking the case, shall use appropriate methods to set the record straight for the feedback's subject.

　　Article 14: People's court's oversight departments shall periodically organize and analyze the comments submitted by case parties on clean governance supervision cards and and follow-up, and propose opinions and suggestions to the court's Party group for further advancing work on commonly seen problems discovered in this analysis.

　　Article 15: People's court's oversight departments shall review and encourage all departments' and their staffs' implementation of these Provisions. The people's courts' political work departments shall put each department and staff member's implementation of these provisions into the scope of their performance evaluations.

　　Article 16: In people's courts that have not yet established an oversight department, all work and duties assigned in these provisions to the oversight department are born by the political work department.

　　Article 17: "Case Parties" [or parties to a case] as referred to in these Provisions, includes a criminal case's defendant, victim, private prosecutor and the plaintiff and defendant to any attached civil litigation; a civil or administrative case's plaintiff or defendant as well as third parties; and in enforcement cases, the person seeking enforcement, the person subject to enforcement and persons outside the case.

Having accepted their representation, a defender or agent ad litem may accept or complete a clean governance supervision card on behalf of a party, or accept clean governance follow-ups.

　　Article 18: Provisions on people's courts' active acceptance of supervision by parties to the case in final review of death penalty and government compensation cases will be addressed separately.

　　Article 19: High people's courts may, in accordance with these provisions, may draft detailed implementation rules for their court and courts in their jurisdiction, on actively accepting supervision bu the parties to a case.

　　Article 20: These regulations shall come into effect as of the date of their promulgation; the Supreme People's Court is responsible for their interpretation.