Provisions on Pursuing Responsibility of Leading Cadres for Interference with Judicial Actions

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Title: 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"

Promulgating Entities:General Offices of the CPC Central Committee and the State Council

Reference number:

Promulgation Date: 2015-3-30

Expiration date:

Source of text: http://www.gov.cn/guowuyuan/2015-03/30/content_2840521.htm

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"

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 leading cadres from interfering with judicial activities or tampering with the handling of specific cases, and to safeguard the independent and just exercise of authority by the judicial organs.

Article 2: Leading cadres at all levels shall take the lead in obeying the Constitution and laws, protecting judicial authority, and supporting judicial organs independent and just exercise of authority in accordance with law. Leading cadres must not request that judicial organs violate their legally prescribed duties or handle cases contrary to legally prescribed procedures, and must not request judicial organs to do things that that would impede judicial fairness.

Article 3: As needed to perform their duties, organs with leadership duties over judicial work, may follow working procedures to learn about cases, organize study of judicial policies, make overall plans and coordinate work in accordance with law, supervise and spur the judicial organs' performance of their duties, and create an environment of judicial fairness for judicial organs; but must not make specific decisions on areas such as the credibility of evidence, ascertaining of facts, or judicial judgments.

Article 4: Judicial organs independently and fairly exercise authority in accordance with law, and must not act on any leading cadres' requests that violate their legally prescribed duties or legally prescribed procedures, or impede judicial fairness.'s requests that violate their legally prescribed duties or legally prescribed procedures, or impede judicial fairness.

Article 5: In situations where leading cadres interfere with judicial activities or tamper with the handling of specific cases, judicial personnel shall make a complete and faithful record, so that there is a complete trail with evidence for review.

Where a letter making requests regarding the handling of a case is sent to a judicial organ in the name of an organization, or where a leading cadre's immediate staff or close family members interfere with judicial activities or tamper with the handling of a specific case, judicial personnel shall make a faithful record and keep relevant materials.

Article 6: Judicial personnel's conduct in faithfully recording situations of leading cadres interfering with judicial activities or tampering with the handling of specific cases, is legally and organizationally protected. Leading cadres must not attack and retalliate against judicial personnel. Judicial personnel must not be removed, 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 7: Each quarter, judicial organs shall aggregate and analyze circumstances of leading cadres interfering with judicial activities or tampering with the handling of specific cases, and send a report to the same level party commission political-legal committee and to the judicial organ at the level above. When necessary, a report may be made immediately.

The party commission political legal committee shall promptly research circumstances of leading cadres interfering with judicial activities or tampering with the handling of specific cases and report to the party commission at the same level, and simultaneously send a copy to the discipline and inspection organ and party commission organization department. Where leading cadres interfering with judicial activities or tampering with the handling of specific cases belong to a higher level party committee or are managed by other party organizations, the situation shall be reported to the higher level party committee or to the other party organization.

Article 8: Where leading cadres have any of the following conduct, it is illegal interference in judicial activities, and the Party Political Legal Committee will follow procedures to report for approval, and then release a general notice; 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) requesting that case-handling personnel or responsible persons at the case-handling unit meet privately with 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 to exceed authority and raise slanted opinions or specific requests about cases handling, for local or department interests; or

(5) Other conduct illegally interfering with judicial activities or obstructing judicial fairness.

Article 9: Where leading cadres with any of the conduct listed in article 8 of these provisions causing consequences or having a vile impact, 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 an unjust, false and wrongfully decided case or other serious consequences result, and it constitutes a crime, pursue criminal responsibility in accordance with law.

Where leading cadres attack or retalliate against judicial personnel, 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 it constitutes a crime, pursue criminal responsibility in accordance with law.

Article 10: Where judicial personnel do not record or do not make a faithful record of leading cadres interference with judicial activities or tampering with the handling of specific 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 discipline and law.

Article 11: Circumstances of leading cadres interfering with judicial activities or tampering with the handling of specific 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 12: Leading cadres as used in these Provisions 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, trial organ, procuratorate organ and military organ, as well as in companies, enterprises, public institutions, or social organizations.

Article 13: These Provisions take effect on March 18, 2015.

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