SPC Implementation Measures on Pursuing Responsibility in Cases of internal judicial personnel prying into cases

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Title: Notice of the Supreme People's Court on Issuing the Measures for the Implementation by the People's Courts of the Regulations on the Investigation of Duty and Taking of Record of Judiciary Personnel Involvement in Cases

Promulgating Entities:Supreme People's Court

Reference number: Legal Release (2015) No. 11

Promulgation Date: 2015-8-19

Expiration date:

Source of text: People's Court Bulletin August 20, 2015 Page 4

Notice of the Supreme People's Court on Issuing the Measures for the Implementation by the People's Courts of the Regulations on the Investigation of Duty and Taking of Record of Judiciary Personnel Involvement in Cases

Notice of the Supreme People's Court on Issuing the Measures for the Implementation by the People's Courts of the Regulations on the Investigation of Duty and Taking of Record of Judiciary Personnel Involvement in Cases

Legal Release (2015) No. 11

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 internal personnel of judicial organs prying into 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

Article 1: These measures were drafted to implement the 'Provisions on Recording, Reporting and Pursuing Responsibility of internal personnel of judicial organs prying into cases' issued by the CPC Central Political-legal Commission, to ensure a just and clean judiciary and to bring together the actual work conditions of the judiciary.

Article 2: Where personnel of people's courts encounter requests to pry into cases, intercede in or make discrete inquiries about cases from parties to a case or persons connected with them, they should refuse.

Article 3: When personnel of people's courts encounter parties to cases and related persons who make improper requests not to follow proper channels, such as transferring case-related materials face to face, they should informed to directly submit it to the unit handling it and the persons responsible, or the litigation service hall.

对于案件当事人及其关系人通过非正当渠道邮寄的涉案材料,收件的人民法院工作人员应当视情退回或者销毁,不得转交办案单位或者办案人员。

Article 4: If personnel of people's court encounter parties to cases and related persons who inquire about the progress of handling cases, they should told to directly submit their inquiry to the unit handling it and the persons responsible, or inquire through the people's court's judicial information disclosure platform, litigation service platform, or other proper channels. If the parties to the case or related persons follow up on the inquiry, and find no results, the parties to the cas and related parties can be advised to make a complaint to the people's court's supervision department.

Article 5: 人民法院工作人员因履行法定职责需要过问案件或者批转、转递涉案材料的,应当依照法定程序或相关工作程序进行,并且做到全程留痕,永久保存。

人民法院工作人员非因履行法定职责或者非经法定程序或相关工作程序,不得向办案单位和办案人员过问正在办理的案件,不得向办案单位和办案人员批转、转递涉案材料。

Article 6: 人民法院领导干部和上级人民法院工作人员因履行法定职责,需要对正在办理的案件提出监督、指导意见的,应当依照法定程序或相关工作程序以书面形式提出,口头提出的,应当由办案人员如实记录在案。

Article 7: 人民法院办案人员应当将人民法院领导干部和上级人民法院工作人员因履行法定职责提出监督、指导意见的批示、函文、记录等资料存入案卷备查。

Article 8: 其他司法机关工作人员因履行法定职责,需要了解人民法院正在办理的案件有关情况的,人民法院办案人员应当要求对方出具法律文书或者公函等证明文件,将接洽情况记录在案,并存入案卷备查。 对方未出具法律文书或者公函等证明文件的,可以拒绝提供情况。

Article 9: 人民法院应当在案件信息管理系统中设立司法机关内部人员过问案件信息专库,明确录入、存储、报送、查看和处理相关信息的责任权限和工作流程。 People's courts inspection departments are responsible for efforts to preserve and manage the archive.

Article 10: 人民法院办案人员在办案工作中遇有司法机关内部人员在法定程序或相关工作程序之外过问案件情况的,应当及时将过问人的姓名、单位、职务以及过问案件的情况全面、如实地录入司法机关内部人员过问案件信息专库,并留存相关资料,做到有据可查。

Article 11: 人民法院监察部门应当每季度对司法机关内部人员过问案件信息专库中录入的内容进行汇总分析。 若发现司法机关内部人员违反规定过问案件的问题线索,应当按照以下方式进行处置:

(一)涉及本院监察部门管辖对象的问题线索,由本院监察部门直接调查处理;

(二)涉及上级人民法院监察部门管辖对象的问题线索,直接呈报有管辖权的上级人民法院监察部门调查处理;

(三)涉及下级人民法院监察部门管辖对象的问题线索,可以逐级移交有管辖权的人民法院监察部门调查处理,也可以直接进行调查处理;

(四)涉及其他司法机关人员的问题线索,直接移送涉及人员所在司法机关纪检监察部门调查处理。

人民法院纪检监察部门接到其他人民法院或者其他司法机关纪检监察部门移送的问题线索后,应当及时调查处理,并将调查处理结果通报移送问题线索的纪检监察部门。

Article 12: Where people's courts' staff have any of the following circumstances, which is conduct of prying into cases in violation of provisions, follow article 33 of the "People's courts Personnel Discipline Regulations" to give disciplinary sanctions; where a crime is involved, transfer it to the judicial organs for handling:

(一)为案件当事人及其关系人请托说情、打探案情、通风报信的;

(2) inviting case-handling personnel to meet privately with parties and related persons;

(三)不依照正当程序为案件当事人及其关系人批转、转递涉案材料的;

(四)非因履行职责或者非经正当程序过问他人正在办理的案件的;

(5) Other conduct violating provisions by prying into cases.

Article 13: After the inspection department of a people's court obtains the approval of the principal leaders of its court,可以将本院和辖区人民法院查处人民法院工作人员违反规定过问案件行为的情况在人民法院内部进行通报,when necessary, it can be made public。

Article 14: People's courts' case-handling personnel with any of the following circumstances, that is conduct in violation of case-handling discipline, shall be given a warning or criticism notice circulated where it is a first time occurrence; where there are two or more occurrences, follow article 54 of the "people's court staff discipline regulations" to give a disciplinary sanction.

(A) if orally proposed supervision and guidance by leading cadres of people's court and staff of higher people's court is not recorded or is not accurately recorded;

(二)对人民法院领导干部和上级人民法院工作人员提出监督、指导意见的批示、函文、记录等资料不装入案卷备查的;

(三)对其他司法机关工作人员了解案件情况的接洽情况不记录、不如实记录或者不将记录及法律文书、联系公函等证明文件存入案卷的;

(四)对司法机关内部人员在法定程序或者相关工作程序之外过问案件的情况不录入,或者不如实录入司法机关内部人员过问案件信息专库的。

Article 15: Where people's courts' inspection departments do not follow the provisions in promptly addressing or investing and handling leads on issues of internal personnel of judicial organs prying into cases,the people's court at the level above's inspection department shall follow article 69 of the "people's court Staff Sanctions Regulations" in giving disciplinary sanctions; where a crime is involved, transfer it to the judicial organs for handling.

Article 16: 人民法院领导干部授意人民法院监察部门对司法机关内部人员违反规定过问案件的问题线索不移送、不查处,或者授意下属不按规定对司法机关内部人员违规过问案件情况进行记录、存卷、入库的,应当分别依照《人民法院工作人员处分条例》第六十九条、第七十六条规定给予纪律处分。

Article 17: People's courts' 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.

People's courts' 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 18: 人民法院工作人员对如实记录司法机关内部人员过问案件情况的办案人员进行打击报复或者具有辱骂、殴打、诬告等行为的,应当分别依照《人民法院工作人员处分条例》第七十条、第九十八条规定给予纪律处分;涉嫌犯罪的,移送司法机关处理。

Article 19: "Case parties and related persons" as used in these Measures refers to case parties or their defenders, agents ad litem, close relatives, and other persons with an interest in the case or case parties.

Article 20: "leading cadres of people's courts" as used in these Measures refers to all leading cadres at the deputy level or higher in all levels of people's courts and institutions established in units directly under them.

Article 21: Where Party member cadres of people's courts violating these Provisions concurrently violate the "Disciplinary Sanctions Regulations of the Communist Party of China" , when they are given a political discipline sanction, they shall also be given a corresponding Party discipline sanction.

Article 22: "Case parties and related persons" as used in these Measures refers to case parties or their defenders, agents ad litem, close relatives, and other persons with an interest in the case or case parties; "leading cadres of people's courts" as used in these Measures refers to all leading cadres at the deputy level or higher in all levels of people's courts and institutions established in units directly under them; "people's courts' staffs [personnel]" as used in these Measures refers to all persons on the payroll in people's court. "People's court case-handling personnel" as used in these measures refers to personnel such as court presidents, vice-presidents, adjudication committee members, Division chiefs, deputy division chiefs, members of collegial panels, judges hearing cases alone and auxiliary trial personnel participating in case-handling, deliberative appraisal, review and verification or deliberation.

Where people's court staff that has retired or left their posts, people's assessors, or hired personnel violate these measures, consult these measures in addressing it.

Article 23: The Supreme People's Court is responsible for interpreting these Measures.

Article 24: These measures take effect on August 20, 2015. The "Several Provisions on Preventing Interference in Case-Handling by Internal Court Staff during Trial Work" previously promulgated by the Supreme People's Court will be abolished at the same time.

 

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