Improve accessible judicial protection and transmit indiscriminate judicial warmth
2023-11-23
People's courts should actively innovate and act actively, continuously pay attention to special groups in daily case handling, strive to protect their legitimate rights and interests, and convey judicial warmth. The Law of the People's Republic of China on the Construction of Accessible Environments, which came into effect on September 1, 2023, provides legal guarantees for the equal, full, and convenient participation and integration of disabled and elderly people into social life, enriches the content of a universal, equal, convenient, and efficient legal service system, and promotes the sharing of economic and social development achievements among all members of society. Article 41 of the law stipulates that "judicial organs, arbitration institutions, and legal aid institutions shall provide accessible services for disabled and elderly people to participate in litigation, arbitration activities, and obtain legal aid in accordance with the law." Therefore, people's courts shall follow this principle, actively innovate and act actively, continuously pay attention to special groups in daily case handling, strive to protect their legitimate rights and interests, and transmit judicial warmth. Adhere to universality as the foundation and upgrade the accessible judicial environment. Starting from the perspective of needs, the judicial needs of special groups participating in litigation are more diverse and unique. Adhering to the spirit of serving the people as if I am suing, we build an accessible judicial environment and create high-quality service standards for special groups by adding auxiliary facilities and arranging specialized personnel to assist. Starting from the problem, it is necessary to identify the common problems faced by special groups in the process of litigation in handling individual cases, identify the key points and breakthroughs of the problems, timely improve and enhance them, and establish a sound multi departmental linkage and cooperation mechanism. Through joint management from all aspects, orderly connection of all links, and joint participation of the whole society, we can effectively solve the urgent and difficult problems faced by special groups. Starting from the grassroots level, we need to leverage the geographical advantages of the people's courts, strengthen close connections with grassroots autonomous organizations such as villages and communities, expand the coverage of the accessible judicial environment, continue to "listen to the voices of the people, alleviate their concerns, and warm their hearts", and promote the resolution of disputes among special groups at the source. Adhere to quality as the foundation and improve accessible judicial services. Flexible and rapid resolution of disputes, opening up a green channel for special groups to participate in litigation activities, conducting circuit filing, circuit mediation, and circuit trial based on the situation, and adopting friendly and civilized execution methods according to case conditions to achieve quick filing, quick adjustment, quick trial, and quick execution. Pay attention to fairness and justice, strengthen the power of the court to investigate and collect evidence based on its authority, actively exercise interpretation and disclosure, maximize the restoration of case facts, smooth channels for complaint reflection, fully utilize daily life experience and rules, ensure the fair and efficient handling of cases, and provide targeted legal assistance to special groups, make up for the shortcomings of special group litigation, and create comprehensive and convenient legal services. Strengthen judicial assistance, do a good job in delaying or reducing litigation costs for special groups with difficulties in life, and avoid situations where the public cannot afford to file a lawsuit. If objective factors indeed result in the inability to fulfill the right to win a lawsuit, strive to report the situation to the higher authorities or relevant departments at the same level, promote multi-level assistance and joint assistance, continue to deepen case follow-up and assistance work, and promote more accurate and effective assistance. Adhere to the principle of inclusiveness and promote the concept of accessible justice. Deepen the "digital assistance decision-making", build models through litigation models such as the elderly, release the energy of judicial big data, and jointly promote the transformation and implementation of litigation mechanisms from both theoretical and practical aspects, making "unobstructed" more confident. In situations where technology is not effective
Edit:Wang Chen Responsible editor:Jia Jia
Source:rmfyb.chinacourt.org
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