Conducting practical investigations and research both inside and outside the court
2023-07-18
The Work Plan on Revitalizing the Investigation and Research in the Whole Party (hereinafter referred to as the Work Plan) determines that "major issues in the comprehensive rule of law, major situations and key issues such as improving the legal system of Socialism with Chinese characteristics, promoting administration by law, strict and fair justice, and building a society ruled by law" are included in the twelve main aspects of the investigation and research. Legal awareness and legal provisions evaluate factual evidence and ultimately make judgments. At home and abroad, as well as in the East and West, judicial practice emphasizes the importance of "litigation and hearing" and "listening to both parties". Listening refers to listening to both parties' statements in court and fully explaining and defending the facts and evidence based on them. The investigation and research in court are conducted by presenting personal facts, providing evidence to prove their claims, and conducting cross examination debates on the facts and evidence involved in the case under the auspices of a judge. The main method of judicial investigation and research activities is to inquire, interrogate, and listen to the opinions of both parties. The court is the core venue and key link of the investigation and research activities of judges and litigation participants. Criminal judicial investigation research focuses on whether there is a crime and whether the crime should be punished; The research on civil judicial investigation focuses on whether there is a breach of contract or infringement, and whether those who breach the contract or violate the law should bear civil liability; The investigation and study of administrative litigation focuses on the existence of specific illegal administrative acts and whether they have infringed the legitimate rights and interests of administrative counterparts... The tens of millions of cases concluded by the people's courts every year all originate from court trials and investigations, and from the judgments made by judges and the Judicial panel after careful study... It can be said that all participants in judicial activities have to rely on investigation and research to speak truth, reason, and make rational judgments and decisions, All rely on investigation and research. Litigation in court is a reflection and projection of economic and social life in law, and a reflection of conflicts and disputes in judicial activities in reality. The "Work Plan" emphasizes: "To change roles, enter the masses, understand the worries and concerns of the masses, identify and identify gaps in work. It is necessary to combine typical cases, analyze problems, analyze reasons, and take improvement measures based on examples." Indeed, solving disputes in court and litigation cannot be separated from judicial investigations and research on social and public opinion outside of the court and judicial procedures. Investigation and research are the eyes of a thousand miles and the ears of the wind. Investigation and research is a fine tradition formed by the CPC in its long-term practice of revolutionary construction and development
Edit:Zhou Shu Responsible editor:Wang Chen
Source:rmfyb.chinacourt.org
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