SPC Measures on implementing accountability for leading cadres interference with judicial activities.

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Title: The Supreme People's Court Notice on the Release of the "Implementation Measures for People's Courts Carrying Out the 'Provisions on Recording, Reporting and Pursuing Responsibility of Leading Cadres Interfering with Judicial Activities or Tampering with the Handling of Specific Cases' "

Promulgating Entities:Supreme People's Court

Reference number: Legal Release (2015) No.10

Promulgation Date: 2015-8-19

Expiration date:

Source of text: People's Court Bulletin August 20, 2015 Page 3

The Supreme People's Court Notice on the Release of the "Implementation Measures for People's Courts Carrying Out the 'Provisions on Recording, Reporting and Pursuing Responsibility of Leading Cadres Interfering with Judicial Activities or Tampering with the Handling of Specific Cases' "
Legal Release (2015) No.10

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

The ""Implementation Measures for People's Courts Carrying Out the 'Provisions on Recording, Reporting and Pursuing Responsibility of Leading Cadres Interfering with Judicial Activities or Tampering with the Handling of Specific Cases' " are hereby released, to take effect on August 20, 2015. Please earnestly implement and enforce, and do a good job of carrying out implementation rules in keeping records and periodically submitting reports on implementation conditions, and promptly report issues discovered during enforcement to the Supreme People's Court.

Supreme People's Court

8/19/2015

These Measures are formulated so as to carry out the CPC Central Committee General Office and General Office of the State Council "Provisions on Recording, Reporting and Pursuing Responsibility of leading cadres Interfering with judicial activities or Tampering with the handling of specific cases"(hereinafter "the Provisions" , to ensure the people's courts independent and just exercise of adjudication powers in accordance with law,incorporating the actual working situation in the people's courts.

Article 1: people's courts follow the Constitution and laws to justly and independently exercise the adjudication power, do not accept interference from administrative organs, social organizations or individuals, and must not carry out requests from any organization or individual that violate legally prescribed duties or procedures, or impede judicial fairness.

Article 2: People's courts' personnel must fully, truthfully and promptly record all letters, missives or oral comments touching upon specific cases that are sent by organizations and individuals other than the people's courts, and retain the relevant materials, so that the entire process leaves a trail, permenantly preserved, and with a verifiable basis.

Where leading cadres submit requests for a case's disposition in their own name or the name of an organization, or where leading cadres immediate staff or relatives interfere with judicial activities or tamper with the handling of specific cases, the people's courts shall make a record and retain relevant materials.

Article 3: people's courts shall rely upon information technologies to set up a special archive in the case information management system for external personnel prying into information, clarifying process and privileges for entering, storing, submitting, reviewing and handling relevant information. When external personnel prying into information is entered the case information management system, it shall simultaneously be recorded in the archive of external personnel prying into information. People's courts specialized trial management institutions are responsible for efforts to preserve and manage the archive.

Article 4: When people's courts' staff perform their duty to record on the basis of article 2 of these Measures, they shall truthfully record circumstances such as the names, unit and position of the relevant persons, and the time or arrival, content and form of a writing or letter; Where cellphone text messages, micro-blog accounts, Weixin, email or other network information methods are used to pry into specific cases, the storage medium shall also be recorded; Where oral means are used to pry into a case, the forum, persons present shall be recorded, and other people's court staff present shall sign and verify.

The records described above and relevant writings, letters, audio-visual materials, and electronic data, shall be entered together and stored by category. Written materials, without exception, accompany the case file to be archived for future reference, and when other materials are archived, their whereabouts shall be noted.

Article 5: Party and government organs, professional associations, social public interest organizations and public institutions bearing administrative functions in accordance with law retained or permitted by people's courts to follow the working procedures to submit consultative opinions in cases of national interests or societal public interest, may be not entered into information archive on prying, but relevant materials shall stored in the case file for future reference.

Article 6: Each quarter, people's courts shall conduct a macro analysis of content in the information archive of external personnel's inquiries that involve leading cadres inquiries, and report to the Party political legal commission of the same level and the people's court at the level above. Where the content of records involves principal leading cadres of the Party political legal committee at the same level, it shall be reported to the Party political legal committee at the level above and the people's court at the level above.

Where people's courts find that the circumstances of leading cadres' interfering with judicial activities or tampering with the handling of specific cases are serious, and might cause unjust, false and wrongfully decided cases or other serious consequences, they shall immediately report, and also report up to the Supreme People's Court.

Article 7: When people's courts report on circumstances of external prying into cases, they shall list the following conduct by leading cadres as a special item in the report:

(1) making requests for help on behalf of case parties during the trial and enforcement stages;

(2) requesting that people's courts' staff meet privately with or contact parties or their defenders, agents ad litem, close relatives or other persons with an interest in the case;

(3) Encouraging or tolerating immediate staff or close relatives to make requests for help on behalf of case parties;

(4) Using means such as means such as debreifings, holding coordination meetings and issuing documents or making phone calls to exceed authority and raise slanted opinions or specific requests about cases handling;

(5) Requesting that the people's court file a case, not file a case, delay filing a case or artificially control case filing;

(6) Requesting that the people's court file a case, not file a case, delay filing a case or artificially control case filing;

(7) Requesting that people's courts adopt, suspend or release the seizure, sealing or freezing measures against objects being secured or enforced against.

(8) Requesting that people's courts select certain evaluation organizations, asset evaluation agencies, auction organizations or bankruptcy management agents;

(9) Requesting that people's courts preferentially give case assets to certain applicants for enforcement;

(10) Requesting that people's courts delay case enforcement or suspend or conclude enforcement;

(11) Requesting that people's court return assets involved in a criminal case to certain victims or transfer them to certain organs;

(12) Requesting that people's courts adopt compulsory measures against parties or requesting that compulsory measures lawfully adopted against parties are removed or modified;

(13) Requesting that people's courts reach a stern or lenient disposition against a convict in the course of hearing a commutation or parole case;

(14) Parties or their defenders, agents ad litem, close relatives or other persons with an interest in the case unilaterally submitting materials involved in the case or expert opinions;

(15) Other conduct that requires a special report of the incident to be made.

Article 8: Where people's courts staff do not record or do not truthfully record situations of leading cadres interfering with judicial activities or tampering with the handling of specific cases, a warning shall be given or a notice of public criticism circulated; Where there are two or more instances of not making a record or not making a truthful record, follow article 54 of the "People's court staff discipline regulations" to give a disciplinary sanction. Where principal leadership do not record or do not truthfully record, follow article 76 of the "People's court staff discipline regulations" to give a disciplinary sanction.

Article 9: When as a result of their strict implementation of 'the Provisions' and these Measures, people's courts' staff encounter obstructions, attacks or revenge by certain organizations or individuals in areas such as their evaluations, promotions, or performance of duties, they may submit an accusation to the people's court at the level above. Relevant people's courts shall promptly report to the Party Committee Political Legal Committee of the same level, and when necessary may report up to the Supreme People's Court.

Article 10: Leading cadres as used in these Measures refers to leading cadres who have the status of state functionaries in any level of party organ, people's congress organ, administrative organ, political consultative conference organ, procuratorate organ and military organ, as well as in companies, enterprises, public institutions, or social organizations, and also includes leading cadres who have retired.

"people's courts staffs [personnel]" as used in these Measures refers to all persons on the payroll lawfully performing trial, trial support and judicial administration functions in all levels of people's court, except for custodial personnel. Apply by reference in people's courts' hiring of personnel.

Apply the "Provisions on Recording And Pursuing Responsibility Of Internal Personnel of Judicial Organ Prying Into Cases" and their implementing measures where leading cadres of people's courts pry into cases, butt into case circumstances, or request assistance for others.

Article 11: The Supreme People's Court is responsible for interpreting these Measures. High people's courts may, in accordance with these Measures, draft detailed implementation rules and report these to the Supreme People's Court for recording.

Article 12: These measures take effect on August 20, 2015.

 

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