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Notice of the Supreme People's Court on Profoundly Implementing the Law of the People's Republic of China on People's Assessors [Effective]
最高人民法院关于深入贯彻落实《中华人民共和国人民陪审员法》的通知 [现行有效]
【法宝引证码】

Notice of the Supreme People's Court on Profoundly Implementing the Law of the People's Republic of China on People's Assessors 

最高人民法院关于深入贯彻落实《中华人民共和国人民陪审员法》的通知

(No. 110 [2018] of the Supreme People's Court) (法〔2018〕110号)

The higher people's courts of all Provinces, autonomous regions, and municipalities directly under the Central Government; and the Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous: 各省、自治区、直辖市高级人民法院,新疆维吾尔自治区高级人民法院生产建设兵团分院:
The Law of the People's Republic of China on People's Assessors (hereinafter referred to as the "Law on People's Assessors") was deliberated and adopted at the Second Session of the Standing Committee of the Thirteenth National People's Congress on April 27, 2018 and issued with immediate effect on the same day. The issuance of the Law on People's Assessors is a major event in the building of the rule of law for socialism with Chinese characteristics and the rule of law and a new milestone in protecting the democratic rights of citizens and advancing the construction of judicial democracy. In order to thoroughly implement the Law on People's Assessors and better achieve the functions and effects of the people's assessors regime in the trial work of people's courts, you are hereby notified of the following matters: 2018年4月27日,第十三届全国人民代表大会常务委员会第二次会议已审议通过《中华人民共和国人民陪审员法》(以下简称《人民陪审员法》)并于同日公布施行。《人民陪审员法》的出台是中国特色社会主义法治建设的一件大事,也是保障公民民主权利、推进司法民主建设新的里程碑。为深入贯彻落实《人民陪审员法》,在人民法院审判工作中更好实现人民陪审员制度的功能效果,现将有关事宜通知如下:
I. Fully recognizing the great significance of implementing the Law on People's Assessors   一、充分认识贯彻落实《人民陪审员法》的重要意义
The Law on People's Assessors comprehensively drew upon the practical experience in the 13-year implementation of the Decision of the Standing Committee of the National People's Congress on Improving the People's Assessors Regime, inscribed the experience in the pilot programs of the reform since the Third and Fourth Plenary Sessions of the 18th CPC Central Committee in a law, further improved the selection, participation, and management, and other aspects of people's assessors, and ushered China's people's assessors regime into a new stage of development. The correct implementation of the Law on People's Assessor is conducive to the improvement of the judicial regime of socialism with Chinese characteristics and of great significance for advancing judicial democracy, furthering judicial equity, defending judicial integrity, enhancing judicial credibility, and allowing the people to feel fairness and justice in every judicial case. 《人民陪审员法》全面总结了全国人大常委会《关于完善人民陪审员制度的决定》施行十三年来的实践经验,以单行法律形式将十八届三中、四中全会以来的改革试点经验固定下来,对人民陪审员的选任、参审、管理等方面作了进一步完善,标志着我国人民陪审员制度进入一个新的发展阶段。正确贯彻执行《人民陪审员法》,有利于完善中国特色社会主义司法制度,对于推进司法民主、促进司法公正、保障司法廉洁、提升司法公信,让人民群众在每一个司法案件中感受到公平正义,有着十分重要的意义。
The people's courts at all levels shall fully understand the significance of enacting the Law on People's Assessors, attach great importance to the implementation of the Law on People's Assessors, and set an agenda for the important work of effectively studying, publicizing, and implementing the Law on People's Assessors. The people's courts at all levels shall closely rely on the firm leadership of the local party committees, the powerful supervision of the people's congresses and their standing committees, the vigorous cooperation of the relevant government agencies, and the care and support of all sectors of society and take the issuance of the Law on People's Assessors as an opportunity to improve working mechanisms, intensify efforts, and expand social influence, so as to strive to blaze a trail for the work in relation to people's assessors. 各级人民法院要充分认识制定《人民陪审员法》的重要意义,高度重视《人民陪审员法》的贯彻落实,切实把学习、宣传、贯彻《人民陪审员法》作为一项重要工作提上议事日程。要紧紧依靠当地党委的坚强领导、人大及其常委会的有力监督、政府有关部门的大力配合以及社会各界的关心支持,以《人民陪审员法》的颁布为契机,完善工作机制,加大工作力度,扩大社会影响,努力开创人民陪审员工作的新局面。
All the higher people's courts shall earnestly undertake the main responsibilities for implementing the Law on People's Assessors, based on local actual circumstances, study and develop a package of work proposals and implementation measures for implementing the Law on People's Assessors as soon as possible, strengthen organization and coordination, procure work arrangements, specify work responsibilities, enhance guidance and supervision, and ensure implementation at all levels. 各高级人民法院要切实担负起贯彻落实《人民陪审员法》的主体责任,结合本地实际,尽快研究制定贯彻落实《人民陪审员法》的一揽子工作方案和实施办法,加强组织协调,抓好工作部署,明确工作责任,强化指导监督,层层抓好落实。
II. Strengthening the study and publicity of the Law on People's Assessors   二、加强《人民陪审员法》的学习宣传
The people's courts at all levels shall carry out learning campaigns in various forms by plan and by group, first procure court leaders and judges to learn, take the lead in learning, grasp a deeper understanding, fully and accurately study and understand the legislative spirit and main content of the Law on People's Assessors, endeavor to improve judges' understanding and application of the Law on People's Assessors, enhance the capability of judges to guide people's assessors in effectively participating in trials, and ensure that all the provisions of the Law on People's Assessors are well known to people and effectively implemented. 各级人民法院要有计划、分批次开展形式多样的学习活动,首先抓好法院领导干部和广大法官的学习,先学一步,学深一层,全面、准确学习领会《人民陪审员法》的立法精神和主要内容,努力提高广大法官对《人民陪审员法》的理解和适用水平,增强广大法官指导人民陪审员有效参审的能力,确保《人民陪审员法》的各项规定深入人心,有效实施。
The people's courts at all levels shall take measures, relying on television, newspapers, radio, networks, mobile phones, press conferences, forums, lectures, and other media, through new media platforms such as official websites, Weibo, and WeChat, by visiting communities, enterprises, and the public and other various means, to give wide publicity to the significance of the enactment and main content of the Law on People's Assessors, typical cases whose trials are participated in by people's assessor, and the actual effect in an all-round, three-dimensional manner, leverage the guiding role of public opinion, further enhance the public knowledge, understanding, and support of the people's assessors regime, and actively create a good atmosphere for the implementation of the Law on People's Assessors in whole society. 要采取措施,依托电视、报纸、广播、网络、手机、新闻发布会、座谈会、宣讲会等载体,通过官方网站、微博、微信等新媒体平台,采取进社区、进企业、访群众等多种方式,全方位、立体式广泛宣传《人民陪审员法》立法的重大意义、主要内容以及人民陪审员参审的典型案例和实际成效,充分发挥社会舆论的引导作用,进一步增强全社会对人民陪审员制度的认知、理解和支持,在全社会积极营造贯彻执行《人民陪审员法》的良好氛围。
III. Actively cooperating with justice authorities in selecting people's assessor   三、积极配合司法行政机关做好人民陪审员选任
Upon the implementation of the Law on People's Assessors, the selection of people's assessor shall be led by justice authorities in collaboration with primary-level people's courts and public security authorities. All the higher people's courts shall actively coordinate their efforts and collaborate with the justice authorities at the same level, research the issuance of the local work proposals for the selection of people's assessor as soon as possible, conduct meticulous organization, control progress, and exercise strict control. All the higher people's courts shall take effective measures to guide the primary-level people's courts in their jurisdictions in cooperating with justice authorities and complete the selection of first people's assessor as scheduled. 《人民陪审员法》实施后,人民陪审员选任工作将由司法行政机关牵头,基层人民法院、公安机关配合开展。各高级人民法院要积极协调配合同级司法行政机关,尽快研究出台关于本地区人民陪审员选任工作方案,精心组织,把握进度,严格把关。采取有效措施,指导辖区内各基层人民法院配合司法行政机关,如期完成第一批人民陪审员的选任工作。
All the primary-level people's courts shall dynamically cooperate with justice authorities in the effective random selection and qualification review of people's assessors and other work and be responsible for requests for appointment, oath of office, and other work relating to people's assessors. The selection of people's assessors in all regions shall be summed up and reported by the higher people's courts to the Political Department of the Supreme People's Court. 各基层人民法院要积极配合司法行政机关做好人民陪审员随机抽选、资格审查等工作,并负责做好人民陪审员提请任命、就职宣誓等工作。各地人民陪审员选任情况由高级人民法院汇总后报最高人民法院政治部。
In order to ensure normal trial proceedings, people's assessors appointed before the implementation of the Law on People's Assessors shall remain in office and be automatically dismissed upon expiry of their term of office. For a people's assessor not meeting the selection conditions as provided in the Law on People's Assessors, the standing committee of the people's congress at the same level shall be requested to dismiss him/her from the office of people's assessor. 为确保审判活动的正常进行,《人民陪审员法》施行前已经任命的人民陪审员继续任职,任期届满后自动免除职务。对不符合《人民陪审员法》规定的选任条件的人民陪审员,应当提请同级人民代表大会常务委员会免除其人民陪审员职务。
Upon the implementation of the People's Assessor Law, each primary-level people's court shall firstly calculate the number of people's assessors who will remain in office, on that basis, fully taking into account the conditions of its trial work, by meeting superior people's courts randomly selecting people's assessors from it and other actual needs, according to the provision that the number of people's jurors shall not be less than three times the number of its judges, request the standing committee of the people's congress at the same level to determine the quota of people's assessors in a timely manner, notify the justice authority at the same level, and escalate a report to the higher people's court. In the future, the people's assessors selected through personal application and organizational recommendation to meet the need of trials may not account for more than one fifth of the quota of people's jurors. 《人民陪审员法》施行后,各基层人民法院首先要对留任的人民陪审员人数进行摸底统计,在此基础上,充分考虑到本院审判工作状况,以及满足上级人民法院从本院随机抽取人民陪审员等实际需要,按照人民陪审员名额不低于本院法官人数三倍的规定,及时提请同级人民代表大会常务委员会确定人民陪审员的名额,并通报同级司法行政机关,层报高级人民法院备案。今后,因审判活动需要,通过个人申请和组织推荐方式选任的人民陪审员数量不得超过人民陪审员名额数的五分之一。
IV. Strictly implementing all the requirements for the participation of people's assessors in trials   四、严格执行人民陪审员参加审判活动的各项规定
The Law on People's Assessors shall apply only to criminal, civil, and administrative cases accepted by courts of first instance upon the implementation of the law, and for criminal, civil, and administrative cases accepted by courts of first instance before the implementation of the law, the trials participated in by people's assessors shall remain effective. 《人民陪审员法》仅适用于法律施行后受理的第一审刑事、民事、行政案件,《人民陪审员法》施行前受理的第一审刑事、民事、行政案件,人民陪审员参加的审判活动继续有效。
All the higher people's courts shall direct the courts under their jurisdiction to reasonably determine the scope of cases whose trial is participated in by people's assessors, correctly understand the boundaries of in iure and apud iudicem, prevent the only pursuit of people's assessors' appearing rates, eliminate "people's assessors in residence," "judges outside of staffing," and other circumstances, and endeavor to achieve a shift from focusing on the quantity to the of people's assessors appearing cases quality. The people's courts at all levels shall, according to the local actual circumstances, reasonably determine the upper limit of the annual number of the cases whose trial is participated in by people's assessors, make timely announcements to the public in appropriate forms, and escalate reports to the higher people's courts. 各高级人民法院要指导所辖法院合理确定人民陪审员的参审案件范围,正确把握事实审和法律审界限,防止片面追求陪审率,杜绝“驻庭陪审员”“编外法官”等情况,努力实现从注重陪审案件“数量”向关注陪审案件“质量”转变。各级人民法院根据本辖区实际情况,合理确定人民陪审员年度参审案件数上限,及时以适当形式向社会公告,并层报高级人民法院备案。
The people's courts at all levels shall make most of information technology-based means to continue improving the working regimes and technical guarantee mechanisms for randomly selecting people's assessors to participate in case trials, so as to ensure that all the people's assessors participating in the trial of individual cases are determined through random selection, prevent few people's assessors and judges from forming a fixed collegial panel to try cases, and allow more people's assessors to have the opportunity to participate in case trials. 各级人民法院要充分运用信息化手段,不断完善随机抽取人民陪审员参加案件审理的工作制度和技术保障机制,确保参加个案审理的人民陪审员均通过随机抽取方式确定,防止出现少数人民陪审员与法官组成固定合议庭审理案件的现象,让更多的人民陪审员有机会参与案件审理。
The people's courts at all levels shall emphasize the obligations of judges to guide and remind people's assessors participating in case trials, heighten their awareness of guidance, improve their ability to guide, standardize guiding modes, and enhance responsibilities for explanation, and with respect to fact finding, rules of evidence, legal provisions, and other matters involved in cases and the focal issues of the cases that the people's assessors shall pay attention to, judges shall promptly provide guidance, reminders and explanations, so as to make the most of the substantive role of people's assessors in trial work. 各级人民法院要强调法官对人民陪审员参审案件的指引、提示义务,增强指引意识,提高指引能力,规范指引方式,强化释明责任,对案件涉及的事实认定、证据规则、法律规定等事项,以及人民陪审员应当注意的案件焦点问题,法官应当及时予以指引、提示和释明,充分发挥人民陪审员在审判工作中的实质性作用。
V. Strengthening the training and management of and guarantees for people's assessors   五、加强人民陪审员的培训、管理、保障
The people's courts at all levels shall improve and strengthen the training of people's assessors. The people's courts at all levels shall, according to the changes of the power of participating in case trials and new requirements for duty performance of people's assessors, systematically train all people's assessors, enhance the training in respect of the rights and obligations of people's assessors, legal procedures, trial skills, and other content, and leverage case teaching, on-site observations, thematic reports, and other forms to practically improve capability of people's assessors to perform their duties. 各级人民法院要改进和加强人民陪审员的培训工作。根据人民陪审员参审职权变化和新的履职要求,对人民陪审员有计划地进行全员培训,加强对人民陪审员权利义务、诉讼程序、庭审技能等内容的培训,充分利用案例教学、现场观摩、专题报告等形式,切实提高人民陪审员的履职能力。
The work on people's assessors shall be included in the big pattern of the building of information technology-based people's courts, information technology building shall be intensified, the interconnection between the People's Assessors Information Management System of the Supreme People's Court with the people's assessors management systems of the local courts at all levels and between the information of the people's assessors management systems and local trial management systems shall be achieved, and the building of the functions of people's assessors information management and analysis, people's assessors' duty performance management, people's assessors evaluation management, people's assessors supervision and management, and people's assessors service platforms shall be actively advanced; and mobile application programs, remote case file consultation, electronic signature, and other information science and technology means shall be actively applied to realize information technology-based selection, participation in case trials, and management and further raise the level of information technology-based management of people's assessors, so as to facilitate people's assessors in participating in case trials. 要把人民陪审员工作纳入到人民法院信息化建设的大格局中,加强信息化建设力度,实现最高人民法院人民陪审员信息管理系统与各级地方法院人民陪审员管理系统的互通互联,实现人民陪审员管理系统与本地审判管理系统信息的互通互联,积极推进人民陪审员信息管理与分析、陪审员履职管理、陪审员评价管理、陪审员监督管理和陪审员服务平台功能建设;积极运用手机APP、远程阅卷、电子签章等信息科技手段,实现选任、参审、管理的全程信息化,进一步提升人民陪审员管理的信息化水平,为人民陪审员参审提供便利。
The people's courts at all levels shall actively coordinate the efforts of financial authorities so as to include the subsidies that people's assessors deserve to enjoy for participating in trial activities and the expenses necessary for people's courts to implement the selection, management, and training, among others, of people's assessors in the business funds of people's courts for full guarantees. 各级人民法院要主动协调财政部门,将人民陪审员因参加审判活动应当享受的补助、人民法院落实人民陪审员选任、管理、培训等所必需的开支,列入人民法院业务经费予以足额保障。
VI. Conscientiously and effectively summing up experience and providing feedback on the Opinions   六、认真做好经验总结和意见反馈工作
Over the course of learning, publicizing, and implementing the Law on People's Assessors, the people's courts at all levels shall continue summing up experience and seriously study and propose specific opinions on new problems encountered, which higher people's courts shall sum up and report to the Supreme People's Court in a timely manner. The Supreme People's Court shall, in due course, conduct earmarked supervisory inspection of the implementation of the Law on People's Assessors by all higher people's courts, guide the work on people's assessors in all regions in a timely manner, and ensure the correct implementation of the Law on People's Assessors. 各级人民法院在学习、宣传、贯彻执行《人民陪审员法》的过程中,要不断总结经验,对遇到的新问题,要认真研究并提出具体意见,由高级人民法院汇总后,及时向最高人民法院报告。最高人民法院将适时对各高级人民法院贯彻落实《人民陪审员法》的情况进行专项督查,及时指导各地人民陪审员工作,确保《人民陪审员法》的正确实施。
Supreme People's Court 最高人民法院
April 28, 2018 2018年4月28日
     
     
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