Establishing a sound system for the operation of judicial power to ensure and promote social fairness and justice
2024-07-09
Reform is the eternal melody of the development and progress of the times; Norms are the behavioral standards for the operation of judicial power. "We must improve the judicial management system and judicial power operation mechanism, regulate judicial behavior, strengthen supervision of judicial activities, and strive to make the people feel fairness and justice in every judicial case." On October 23, 2014, the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China passed the Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning the Comprehensive Promotion of Rule of Law, which put forward clear requirements for standardizing the mechanism of judicial power operation and strengthening supervision of judicial activities. Make up for weaknesses, strengths and weaknesses, focus on overall planning, and increase effectiveness. Since the 18th National Congress of the Communist Party of China, the national political and legal organs have continuously deepened the reform of the judicial power operation mechanism with the idea of system integration and comprehensive support, standardized judicial behavior, strengthened supervision of judicial activities, and provided institutional supply and guarantee for fairness and justice by weaving a judicial management system and judicial power operation network that covers the whole country and connects all levels, providing an endogenous source of power for the people to continuously improve their sense of judicial gain. The Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice have implemented the criminal policy of combining leniency and severity, jointly issued the "Opinions on Handling Criminal Cases of Drunk and Dangerous Driving", and unified the national judicial standards for drunk driving law enforcement. Various regions and departments are implementing the Regulations on Petition Work, comprehensively promoting the legalization of petition work, promoting the "five legalizations" of prevention, acceptance, handling, supervision and accountability, and maintaining order, forming a work situation where the acceptance department is responsible for procedural advancement, and the handling department is responsible for substantive resolution. ... Since the 18th National Congress of the Communist Party of China, the national political and legal system, on the basis of strengthening top-level design, has rallied all consensus and enterprising forces to support and serve Chinese path to modernization with the modernization of political and legal work by constantly improving the judicial standards for law enforcement, refining the guidance of cases, and adhering to the scientific establishment of rules and systems. Improving the mechanism of judicial power operation is an inherent requirement to ensure the independent and fair exercise of judicial power in accordance with the law. The people's courts are deepening the reform of the criminal litigation system centered on trial, promoting the substantiation of court trials, improving the mechanism for discovering and correcting wrongful cases, and promoting the implementation and effectiveness of various reform measures. The procuratorial organs have launched a systematic and profound transformation of concepts, institutions, and mechanisms from top to bottom, taking the opportunity of the transfer of the function of investigating and preventing job-related crimes. They have explored the formation of a new pattern of legal supervision for the "four major procuratorates" and "ten major businesses", leading reform and innovation with updated concepts and deepening reform with key breakthroughs. The public security organs closely focus on the new situation and requirements faced by public security work, continuously improve and perfect the law enforcement and case handling procedures, revise the "Regulations on Criminal Case Handling Procedures of Public Security Organs", further improve the jurisdiction system, evidence system, compulsory measures system, case filing system, investigation system, and case handling cooperation mechanism; In conjunction with the "Two Highs" and other departments, normative documents will be issued to promote the improvement of rules for excluding illegal evidence, the improvement of supplementary investigation systems, and the standardization of the application of bail pending trial. The Ministry of Justice actively improves the legal aid system, comprehensively promotes the work of on duty lawyers, safeguards the rights of defense counsel to meet, review papers, collect evidence, question, cross examine, argue and defend in accordance with the law, and improves the working mechanism that facilitates the participation of on duty lawyers and defense counsel in litigation. At present, the country has basically achieved full coverage of legal aid workstations in courts, procuratorates, and detention centers. Strengthening supervision and management, strengthening the legal supervision system, and holding 258000 hearings, a year-on-year increase of 22.1%, with a resolution rate of 78.6% for petition cases after hearing. This is the high score transcript submitted by the national procuratorial organs in the past year to deepen the work of procuratorial public hearings. Hearing, by listening attentively, reveals the process of handling cases, making all parties aware of the truth, right and wrong, and fairness and justice. Let power operate under the sunshine, promote fairness and win public trust through openness. Since the 18th National Congress of the Communist Party of China, the national political and legal organs have continuously strengthened internal supervision, improved internal constraints and process control, carried out case management and quality evaluation on a regular basis, strengthened intelligent supervision, and enabled internal supervision to grow teeth. Actively strengthen social supervision, smooth channels for public criticism and supervision, expand the depth and breadth of law enforcement and judicial transparency, and respond to social concerns in a timely manner. The national political and legal system is deepening its efforts to promote transparency in trials, procuratorial affairs, police affairs, and prison affairs, and striving to build an open, dynamic, transparent, and convenient transparent judicial mechanism. The Supreme People's Court has issued the Guiding Opinions on Improving the Working Mechanism of Professional Judges Meetings in People's Courts, fully leveraging the functions of professional consultation platforms, supervision and management platforms, and unified legal application platforms for professional judges meetings; Standardize the standards for filing and reviewing criminal appeal cases, improve the procedures and requirements for reviewing criminal appeal cases, and focus on solving the inconsistent and non-standard issues among different courts in the filing, review procedures, and retrial standards of criminal appeal cases. The Supreme People's Procuratorate shall promptly disclose the handling of important cases and procuratorial legal documents to the society, release procuratorial case handling data, typical cases, etc. every quarter, and carry out procuratorial open day activities on a regular basis. In 2023, people's supervisors supervised and handled 248000 cases, a year-on-year increase of 96.1%. In order to deeply implement the requirements of the Central Committee of the Communist Party of China on deepening the reform of the lawyer system, promote lawyers and law firms to practice in accordance with the law and with integrity, the Ministry of Justice has established and officially opened a national lawyer practice integrity information disclosure platform to the public. By utilizing the big data analysis function of the disclosure platform, it accurately focuses on high-frequency illegal and irregular behaviors in a certain area, improves the perception, prediction, and prevention capabilities of illegal behaviors, and reasonably determines the key supervision and inspection items and frequencies, focusing on improving the effectiveness and accuracy of regulatory law enforcement. Efforts will be made to reform, innovate, and continuously improve the quality and efficiency of law enforcement and judicial work. Tujing East Road, Xibeiwang Town, Haidian District, Beijing, is a 7.4 acre courtyard with blue and white colors, pioneering the construction of an innovative ecological system for standardized law enforcement by public security organs. In October 2015, the Haidian Branch of the Beijing Public Security Bureau took the lead in establishing the country's first "one-stop case handling, integrated combat, intelligent management, and full process supervision" law enforcement case management center here. In its operation and development, it explored the establishment of a series of working mechanisms, including investigation supervision and cooperation mechanisms, 48 hour criminal expedited adjudication, one-stop handling of minor cases, and remote video interviews with lawyers. Sharp tools make good work. According to the deployment requirements of the Ministry of Public Security, local public security organs continue to improve the construction and application level of law enforcement and case management centers, create a "one-stop" case handling venue that integrates case handling areas, case management areas, involved property management areas, and other auxiliary functions, promote the integrated operation of law enforcement, supervision management, and service guarantee, and create a safe, standardized, intensive, intelligent, and efficient law enforcement and case handling model. As of now, the national public security organs have jointly established 3055 law enforcement and case handling management centers at the city and county levels, effectively driving the continuous improvement of law enforcement quality, efficiency, and credibility. The people's court has established a criminal case diversion mechanism for cases of confession and cases of non confession, promoting the formation of a multi-level litigation procedure system that orderly connects ordinary procedures, summary procedures, and expedited adjudication procedures, closely combining fairness and efficiency, and complementing procedural fairness and substantive fairness. The procuratorial organs have promoted the reform of "integrating arrest and prosecution", reconfigured criminal prosecution powers according to case types, and significantly improved the quality and efficiency of case handling. The Supreme People's Procuratorate, alone or in conjunction with relevant political and legal departments, has issued eight normative documents, including the Guiding Opinions on the Application of the leniency system for confession and punishment, to jointly promote the application of the leniency system for confession and punishment as a new normal in criminal proceedings. The applicability of the system has been increasing year by year, effectively reducing social opposition and promoting social harmony and stability. Grasp supporting facilities, promote pilot projects, promote implementation, and improve quality and efficiency. Looking ahead to the future, the national political and legal system will promote the integration, coordination, efficiency, and overall promotion of the reform of the judicial power operation mechanism from a higher starting point with the unwavering determination of the original intention, the wisdom of calm adaptation, the courage to actively seek change, and solid and effective measures. Anchor the course and deepen the cultivation and progress. The journey of the great road is vast and boundless. (Lai Xin She)
Edit：Ying Ying Responsible editor：Shen Chen
Source：http://www.legaldaily.com.cn
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