Adam WANG SHANGHAI MEGA
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Supreme People's Court of China: It is strictly forbidden for President of the Court and President of the Trial Chamber to approve any case in disguise by any verbal instructions
Beijing News 2018-12-10 11:47:11
According to the Xinhua News Agency reporter learned from the Supreme People's Court on the 10th, the Supreme People's Court of China recently issued the "Implementation Opinions on Further Implementing the Judicial Responsibility System", and reformed the new trial power operation mechanism, trial supervision and management mechanism, disciplinary system and judicial responsibility system. The measures and other aspects have made provisions to promote the full implementation of the judicial responsibility system.
The opinion puts forward that the people's courts at all levels should focus on cracking out the outstanding problems in the reform of the judicial responsibility system and improve the system of trial power operation. The grassroots people's courts should flexibly set up trial teams according to local conditions and enhance teamwork. It is necessary to improve the case allocation mechanism, promote the normalization of the case of the presidents, improve the professional judge meeting system and the judicial committee system, improve the unified legal application mechanism, and ensure that the judicial power operates in a fair and efficient manner.
The opinion stated that the leading cadres of the people's courts at all levels should take the lead in strictly implementing the main responsibility and fully respect the status of the statutory trial organization of the sole judge and the collegiate bench. In addition to the cases decided by the trial committee, the president, vice president and president The judging documents that are not directly involved in the trial of the case shall not be examined and approved, and the case may not be examined and disguised in a disguised manner, and the judge may not be required to report the case in violation of the regulations.
The opinion puts forward that it is necessary to strictly implement the "Implementation Measures for the People's Courts to Implement the Provisions on the Recording, Notification and Accountability of Leading Cadres Interfering with Judicial Activities and Handling Specific Cases Handling", "People's Courts Implementing the Record and Responsibility Investigation of Personnel Interrogation Cases within the Judiciary In the implementation of the Regulations, the judge shall truthfully record the cases of interrogation and intervention in the online case handling system and report them to the people's court at a higher level.
The opinion also pointed out that the people's courts at all levels should seriously investigate the suspect's alleged violation of the trial duties. The judges' disciplinary committee examines whether the judge violates the trial duties, whether there is intentional or gross negligence according to the investigation, and puts forward the review opinions. The Committee’s opinion makes a disciplinary decision. Where a judge is suspected of committing a crime in violation of the judicial duties, it shall be transferred to the discipline inspection and supervision organ and the procuratorial organ for handling according to law. Other violations of discipline and law other than the judgment of the judge shall be investigated by the relevant departments and handled in accordance with the law and relevant regulations.
Ma Haoge
https://www.toutiao.com/a6633206037870543363/
Beijing News 2018-12-10 11:47:11
According to the Xinhua News Agency reporter learned from the Supreme People's Court on the 10th, the Supreme People's Court of China recently issued the "Implementation Opinions on Further Implementing the Judicial Responsibility System", and reformed the new trial power operation mechanism, trial supervision and management mechanism, disciplinary system and judicial responsibility system. The measures and other aspects have made provisions to promote the full implementation of the judicial responsibility system.
The opinion puts forward that the people's courts at all levels should focus on cracking out the outstanding problems in the reform of the judicial responsibility system and improve the system of trial power operation. The grassroots people's courts should flexibly set up trial teams according to local conditions and enhance teamwork. It is necessary to improve the case allocation mechanism, promote the normalization of the case of the presidents, improve the professional judge meeting system and the judicial committee system, improve the unified legal application mechanism, and ensure that the judicial power operates in a fair and efficient manner.
The opinion stated that the leading cadres of the people's courts at all levels should take the lead in strictly implementing the main responsibility and fully respect the status of the statutory trial organization of the sole judge and the collegiate bench. In addition to the cases decided by the trial committee, the president, vice president and president The judging documents that are not directly involved in the trial of the case shall not be examined and approved, and the case may not be examined and disguised in a disguised manner, and the judge may not be required to report the case in violation of the regulations.
The opinion puts forward that it is necessary to strictly implement the "Implementation Measures for the People's Courts to Implement the Provisions on the Recording, Notification and Accountability of Leading Cadres Interfering with Judicial Activities and Handling Specific Cases Handling", "People's Courts Implementing the Record and Responsibility Investigation of Personnel Interrogation Cases within the Judiciary In the implementation of the Regulations, the judge shall truthfully record the cases of interrogation and intervention in the online case handling system and report them to the people's court at a higher level.
The opinion also pointed out that the people's courts at all levels should seriously investigate the suspect's alleged violation of the trial duties. The judges' disciplinary committee examines whether the judge violates the trial duties, whether there is intentional or gross negligence according to the investigation, and puts forward the review opinions. The Committee’s opinion makes a disciplinary decision. Where a judge is suspected of committing a crime in violation of the judicial duties, it shall be transferred to the discipline inspection and supervision organ and the procuratorial organ for handling according to law. Other violations of discipline and law other than the judgment of the judge shall be investigated by the relevant departments and handled in accordance with the law and relevant regulations.
Ma Haoge
https://www.toutiao.com/a6633206037870543363/