Supreme law issues documents to promote correct and unified application of laws

2021-12-02

In view of the problems of non-uniform application of law and non-standard exercise of discretion in some cases in judicial practice, the Supreme People's court recently issued the measures for the implementation of the unified application of law of the Supreme People's Court (hereinafter referred to as the measures for the implementation), which, starting from the functional orientation of the supreme judicial organ, made suggestions for further standardizing the application of law Ensure the uniform and correct implementation of laws, put forward specific requirements and ensure judicial justice. There are 20 articles in the implementation measures, which focus on the drafting of the supreme law, the formulation of judicial interpretations or other normative documents, the publication of cases, the implementation of the case retrieval system, the organization and convening of professional judges' meetings to discuss cases and other work related to the application of unified laws, mainly on the situation and scope of case retrieval in handling cases, the scope of cases discussed by professional judges' meetings The specific legal application problem solving mechanism, the unified legal application platform and its database construction are stipulated. The implementation measures require that in the trial of cases, in addition to the cases that should be searched according to the guiding opinions of the Supreme People's Court on unifying the application of laws and strengthening the search of class cases (for Trial Implementation), for the "class IV cases" specified in the guiding opinions of the Supreme People's Court on further improving the supervision and management mechanism of "class IV cases", Cases protested by the Supreme People's Procuratorate, and cases submitted by the public prosecution organ, the parties, their defenders and agents ad litem during the trial, or cases in which the judgment of the supreme law comes into force supports their claims, should also be searched, so as to strengthen the supervision and management of "four types of cases" and respond to the expectations of the parties, Ensure that there is no difference in the application of law between the effectiveness of the supreme law and the decisions. The implementation measures also uniformly standardize the style of case retrieval report to ensure that the process of case retrieval by the host judge on the focus of dispute, the retrieved different judgment views, the views and reasons to be adopted are fully reflected. It is understood that the implementation measures further clarify the scope of cases to be discussed at the meetings of professional judges of various departments of the supreme law. For pending cases where the proposed judgment results are inconsistent with the applicable standards of guiding cases and supreme law cases, the judgment results will form pending cases with new applicable standards of law, The collegial panel shall recommend the president of the court to convene a meeting of professional judges of the Department for discussion. At the same time, the measures for implementation made it clear that the supreme law will establish and improve the mechanism of inter departmental professional judges' meeting to study and solve cross departmental differences in the application of law or major cross field problems in the application of law. In addition, in order to solve the disputes on the application of law in judicial practice, the implementation measures innovated the mechanism for solving the application of law, and stipulated that the specific application of law found through various channels is not unified and clear, especially the conditions for the formulation of judicial interpretation or trial normative documents are not mature, The Supreme Court Trial Management Office shall organize the research and propose solutions, and then submit them to the trial committee for discussion. In the form of "resolution on the application of law by the trial committee", it shall clarify the specific judgment rules, mature one by one, and timely guide the trial practice. The supreme law said that after the promulgation of the implementation measures, all judges will be organized to study deeply and fully implement them in the trial work, so as to further promote the unified application of laws, standardize the correct exercise of discretion, conduct fair and efficient trials according to law, and strive to make the people feel fairness and justice in every judicial case. (Bo chendi, Li Nannan) (outlook new era)

Edit:Luo yu    Responsible editor:Wang er dong

Source:people.cn

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