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| Notice of the Supreme People's Court on Issuing the Work Priorities of People's Courts in 2019 | | 最高人民法院关于印发《2019年人民法院工作要点》的通知 |
| (No. 7 [2019] of the Supreme People's Court) | | （法发〔2019〕7号） |
| The higher people's courts of all provinces, autonomous regions, and municipalities directly under the Central Government; the Military Court of the People's Liberation Army; 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，解放军军事法院，新疆维吾尔自治区高级人民法院生产建设兵团分院： |
| The Work Priorities of People's Courts in 2019 are hereby issued to you for your conscientious implementation. | | 现将《2019年人民法院工作要点》予以印发，请认真贯彻执行。 |
| Supreme People's Court | | 最高人民法院 |
| January 24, 2019 | | 2019年1月24日 |
| Work Priorities of People's Courts in 2019 | | 2019年人民法院工作要点 |
| 2019 marks the 70th anniversary of the People's Republic of China and is crucial to building a well-off society in an all-round way and achieving the first Centennial Goal. The general work requirements are to adhere to Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era as the guidance, comprehensively implement the spirit of the 19th CPC National Congress, the Second and Third Plenary Sessions of the 19th CPC Central Committee, the Central Economic Work Conference, the Third Plenary Session of the 19th Central Commission for Discipline Inspection, and the Central Political and Legal Affairs Conference, uphold the Party's absolute leadership over the work of people's courts, strengthen the "consciousness of the need to maintain political integrity, think in big-picture terms, follow the leadership core, and keep in alignment," boost the "confidence in the path, theory, system, and culture of socialism with Chinese characteristics," resolutely achieve "defense of the status of General Secretary Xi Jinping as the core of the CPC Central Committee and the whole Party and the authority and centralized and unified leadership of the CPC Central Committee," closely center on "enabling the people to see in every judicial case that justice is served," adhere to the people-centered development ideology, adhere to the general tone of seeking progress in stability, adhere to serving the big picture, justice for the people, and impartial justice, comprehensively deepen the reform of the judicial system and the construction of smart courts, accelerate the revolutionary, regular, specialist, and professional building of the team of people's courts, fully call adjudicative functions into play, effectively fulfill the duties and missions to maintain the country's political security, ensure the big-picture stability of society, promote social fairness and justice, and protect people's livelihood and happiness, and greet the 70th anniversary of the People's Republic of China with excellent results. | | 2019年是中华人民共和国成立70周年，是全面建成小康社会、实现第一个百年奋斗目标的关键之年。总的工作要求是：坚持以习近平新时代中国特色社会主义思想为指导，全面贯彻落实党的十九大和十九届二中、三中全会及中央经济工作会议、十九届中央纪委三次全会、中央政法工作会议精神，坚持党对人民法院工作的绝对领导，增强“四个意识”，坚定“四个自信”，坚决做到“两个维护”，紧紧围绕“努力让人民群众在每一个司法案件中感受到公平正义”的目标，坚持以人民为中心的发展思想，坚持稳中求进工作总基调，坚持服务大局、司法为民、公正司法，全面深化司法体制改革和智慧法院建设，加快推进人民法院队伍革命化、正规化、专业化、职业化建设，充分发挥审判职能作用，履行好维护国家政治安全、确保社会大局稳定、促进社会公平正义、保障人民安居乐业的职责使命，以优异成绩迎接中华人民共和国成立70周年。 |
| I. Always adhering to using Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era to arm the mind, guide practice, and promote work. | | 一、始终坚持以习近平新时代中国特色社会主义思想武装头脑、指导实践、推动工作 |
| 1. Persevering in studying and implementing Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era and the spirit of the 19th CPC National Congress in depth. Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era shall be studied profoundly and thoroughly, systematic, follow-up, and realistic study shall be adhered to, and hard efforts shall be made to have a real, good and solid understanding, so as to make improvements on political capability, capability to perform duties, assumption of duties, and action, continually promote new achievements in study and implementation, and effectively convert the achievements in study into lively practices in promoting the achievement of new development of the work of people's courts in the new era. | | 1.持之以恒深入学习贯彻习近平新时代中国特色社会主义思想和党的十九大精神。学深悟透习近平新时代中国特色社会主义思想，坚持系统学、跟进学、联系实际学，在真正学懂弄通做实上持续狠下功夫，在政治能力、履职能力、担当作为上有新提升，不断推动学习贯彻取得新成效，切实把学习成果转化为推动新时代人民法院工作实现新发展的生动实践。 |
| 2. Profoundly studying and implementing the spirit of the important speech delivered by General Secretary Xi Jinping when presiding over the meeting of the Standing Committee of the Political Bureau of the CPC Central Committee and hearing the work report of the Party Group of the Supreme People's Court. The consciousness and firmness in "defending the status of General Secretary Xi Jinping as the core of the CPC Central Committee and the whole Party and the authority and centralized and unified leadership of the CPC Central Committee" shall be practically enhanced, thoughts and actions shall be brought in line with the decisions and arrangements of the CPC Central Committee, duties shall be effectively performed with a focus on the big picture of work of the Party and the state, the reform of the judicial system shall be comprehensively deepened, and the party building and team building of people's courts shall be further bolstered. | | 2.深入学习贯彻习近平总书记主持召开中共中央政治局常务委员会会议听取最高人民法院党组工作汇报时的重要讲话精神。切实增强“两个维护”的自觉性和坚定性，把思想和行动统一到党中央决策部署上来，聚焦党和国家工作大局履职尽责，全面深化司法体制改革，进一步加强人民法院党的建设和队伍建设。 |
| 3. Heightening the "consciousness of the need to maintain political integrity, think in big-picture terms, follow the leadership core, and keep in alignment," boosting "confidence in the path, theory, system, and culture of socialism with Chinese characteristics," and resolutely achieving "defense of the status of General Secretary Xi Jinping as the core of the CPC Central Committee and the whole Party and the authority and centralized and unified leadership of the CPC Central Committee." Politics shall be highlighted unequivocally, the status of General Secretary Xi Jinping as the core shall be resolutely safeguarded, and the authority and centralized and unified leadership of the CPC Central Committee shall be resolutely defended. The Regulation of the Communist Party of China on Political and Legal Work shall be conscientiously implemented, the implementation of the decisions and arrangements of the CPC Central Committee without any reservation shall be brought in line with the law-based, independent and fair exercise of judicial power, and "defending the status of General Secretary Xi Jinping as the core of the CPC Central Committee and the whole Party and the authority and centralized and unified leadership of the CPC Central Committee" shall be effectively reflected by the actual action in serving the big picture, justice for the people, and impartial justice. The responsibility system for ideological work shall be conscientiously implemented, and the ideological security in the judicial field shall be effectively maintained. The Party's absolute leadership over the work of people's courts shall be firmly upheld, and the path of the rule of law under the socialism with Chinese characteristics shall be unswervingly followed. | | 3.增强“四个意识”，坚定“四个自信”，坚决做到“两个维护”。旗帜鲜明讲政治，坚决维护习近平总书记核心地位，坚决维护党中央权威和集中统一领导。认真贯彻落实《中国共产党政法工作条例》，把不折不扣执行党中央决策部署和依法独立公正行使审判权统一起来，切实把“两个维护”体现在服务大局、司法为民、公正司法的实际行动上。认真落实意识形态工作责任制，切实维护司法领域意识形态安全。牢牢坚持党对人民法院工作的绝对领导，坚定不移走中国特色社会主义法治道路。 |
| 4. Studying and implementing the spirit of the Central Political and Legal Affairs Conference profoundly. The spirit of the important speech delivered by General Secretary Xi Jinping at the Central Political and Legal Affairs Conference shall be studied and implemented in depth, the spirit of the Central Political and Legal Affairs Conference shall be studied and implemented, thoughts and actions shall be brought in line with the major decisions and arrangements of the CPC Central Committee and the Commission for Political and Legal Affairs of the CPC Central Committee with regard to political and legal affairs, the joint point and focus of adjudicative and enforcement work serving the big picture shall be effectively pinpointed, and the major decisions and arrangements of the CPC Central Committee shall be implemented with practical measures. | | 4.深入学习贯彻中央政法工作会议精神。深入学习贯彻习近平总书记在中央政法工作会议上的重要讲话精神，学习贯彻中央政法工作会议精神，将思想和行动统一到党中央、中央政法委对政法工作的重大决策部署上来，切实找准审判执行工作服务大局的结合点、着力点，用一项一项实际举措贯彻落实党中央重大决策部署。 |
| 5. Conscientiously implementing the spirit of the National Meeting of Presidents of Higher Courts . In accordance with the arrangements at the National Meeting of Presidents of Higher Courts , a work plan shall be developed, and task requirements shall be broken down and implemented one by one, so as to ensure that all the decisions and arrangements made at the meeting are effectively implemented, accurately endeavor to effectively conduct all the work of people's courts, and provide strong judicial services and guarantees for the sustained and sound development of economy and the big-picture stability of society. | | 5.认真贯彻落实全国高级法院院长会议精神。按照全国高级法院院长会议部署，制定工作方案，逐项分解落实任务要求，确保会议作出的各项决策部署落到实处，精准发力做好人民法院各项工作，为经济持续健康发展和社会大局稳定提供有力司法服务和保障。 |
| II. Firmly adopting a holistic approach to national security and effectively safeguarding national political security and the big-picture stability of society | | 二、牢固树立总体国家安全观，切实维护国家政治安全和社会大局稳定 |
| 6. Severely punishing all kinds of crimes. Various criminal activities such as infiltration, subversion and sabotage, violent terrorism, ethnic secession, and religious extremism shall be severely cracked down, so as to resolutely safeguard the political security of the country, especially the security of the political power and that of the system. Serious violent crimes such as homicide, robbery, and kidnapping shall be severely punished, the efforts to punishment on crimes involving guns and explosives, prostitution, gambling, drug, pyramid selling, abduction and trafficking, and other crimes shall be intensified, and crimes endangering the food and drug safety, environmental pollution, violent injury to health care givers, campus bullying, malicious nonpayment of wages, and other crimes that receive much publicity shall be severely cracked down. Serious accident involving serious consequences, dangerous driving, and other crimes endangering public security shall be severely punished, and criminal conduct of obstructing the safe travel of public transport shall be punished in accordance with the law, so as to heighten public security. Fund-raising fraud, contract fraud, and other crimes that undermine the financial management order and disrupt the market order shall be severely punished, and mass-related economic cases shall be duly tried in accordance with the law. Crimes of corruption and bribery shall be severely punished, the adjudicative mechanism of duty-related crimes shall be continually improved, the organic articulation between judicial trials and state supervision shall be strengthened, cooperation shall be continued in the work earmarked for pursuing fugitives and illicit gains overseas, and high pressure on corruption crimes shall be maintained. Crimes against the lawful rights and interests of women, children and the elderly shall be severely punished. The "education, persuasion and redemption " policy shall be adhered to, improvements on methods of trial that conform to the physical and mental characteristics of minors shall be explored, and the trial of minors' cases shall be strengthened. Crimes such as telecommunication network fraud and trade in individual information shall be severely punished, and cyberspace shall be cleansed. | | 6.严惩各类刑事犯罪。严厉打击各种渗透颠覆破坏、暴力恐怖、民族分裂、宗教极端等犯罪活动，坚决维护国家政治安全特别是政权安全、制度安全。严惩杀人、抢劫、绑架等严重暴力犯罪，加大对涉枪涉爆、黄赌毒、传销拐卖等犯罪惩治力度，严厉打击危害食品药品安全、污染环境、暴力伤医、校园欺凌、恶意欠薪等群众反映强烈的犯罪。严惩重大责任事故、危险驾驶等危害公共安全犯罪，依法惩治妨害公共交通工具安全驾驶犯罪行为，促进增强人民群众安全感。严惩集资诈骗、合同诈骗等破坏金融管理秩序、扰乱市场秩序犯罪，依法妥善审理涉众型经济案件。严惩贪污贿赂犯罪，不断健全职务犯罪审判机制，加强司法审判与国家监察有机衔接，继续配合做好境外追逃追赃专项工作，保持对腐败犯罪的高压态势。严惩侵害妇女儿童老年人合法权益犯罪。坚持“教育、感化、挽救”方针，探索完善符合未成年人身心特点的审判方式，加强未成年人案件审判工作。严惩电信网络诈骗、倒卖个人信息等犯罪，净化网络空间。 |
| 7. Actively participating in the special criminal syndicate combat. The policy of law-based severe punishment shall be implemented, criminal syndicate and its "protective umbrellas" shall be punished in a severer and heavier manner, the rampancy of criminal syndicate shall be resolutely contained, and the special criminal syndicate combat shall be promoted in developing comprehensively in full depth. The special criminal syndicate combat shall be closely combined with the maintenance of the order of the socialist market economy and the support and guarantee for the development of private enterprises, and the boundaries of laws and policies shall be accurately grasped. The elimination of criminal syndicate shall be closely combined with the strengthening of primary-level organizations, the control of primary-level political power, the manipulation and sabotage of primary-level elections, and other conduct shall be severely punished, and the conditions for the growth of criminal syndicate shall be removed. | | 7.积极参加扫黑除恶专项斗争。贯彻依法严惩方针，从严从重惩处黑恶势力及其“保护伞”，坚决打掉黑恶势力嚣张气焰，推动扫黑除恶专项斗争向全面纵深发展。把扫黑除恶专项斗争与维护社会主义市场经济秩序、支持和保障民营企业发展紧密结合，准确把握法律和政策界限。把扫黑除恶与加强基层组织建设紧密结合，严惩把持基层政权、操纵破坏基层换届选举等行为，铲除黑恶势力滋生土壤。 |
| 8. Conscientiously implementing the Criminal Procedure Law. The amendments to the Criminal Procedure Law shall be fully implemented, study and training shall be strengthened, the scope and procedures of application of criminal trial by default shall be accurately grasped, and the system of leniency for confession of guilt and acceptance of punishment and the fast-track trial system shall be correctly applied. A scientific criminal justice concept shall be established, strict and fair justice shall be adhered to, and the unity of procedural justice and substantive justice shall be ensured. Public concerns shall be actively responded to, the organic integration of the law, reason and feelings shall be adhered to, and the handling of cases shall be enabled to stand up to testing. | | 8.认真贯彻实施刑事诉讼法。全面落实刑事诉讼法的修改内容，加强学习培训，准确掌握刑事缺席审判的适用范围和程序，正确适用认罪认罚从宽制度和速裁程序。树立科学的刑事司法理念，坚持严格公正司法，确保程序公正和实体公正相统一。积极回应社会关切，坚持法理情有机融合，让案件处理经得起检验。 |
| 9. Strengthening judicial protection of human rights. Legal principles and systems such as no punishment without a law, no punishment in doubtful cases, evidentiary adjudication, and exclusion of illegally obtained evidence shall be strictly implemented. The effective prevention and timely correction mechanism of miscarriage of justice shall be improved, and facts, evidence, procedures, and the application of law shall be strictly taken into account. The protection of lawyers' right to practice shall be strengthened, the pilot program of full coverage of lawyers' defense in criminal cases shall be advanced in depth, and the role of lawyers in preventing miscarriage of justice and promoting impartial justice shall be better underscored. | | 9.加强人权司法保障。严格落实罪刑法定、疑罪从无、证据裁判、非法证据排除等法律原则和制度。健全冤假错案有效防范、及时纠正机制，严把案件事实关、证据关、程序关、法律适用关。加强律师执业权利保障，深入推进刑事案件律师辩护全覆盖试点，更好发挥律师在防范冤假错案、促进公正司法方面的作用。 |
| III. Comprehensively implementing the new development concept and creating a good legal environment for high-quality development | | 三、全面贯彻新发展理念，为高质量发展营造良好法治环境 |
| 10. Serving the success in the three major endeavors in accordance with the law. The prevention and resolution of material risks shall be served in accordance with the law, financial cases shall be tried duly, illegal fund-raising, online pyramid schemes, insider trading and other crimes shall be severely cracked down, the resolution of financing difficulties and high financing costs of private enterprises shall be promoted, and financial trial capabilities and level shall be improved or raised. The poverty alleviation endeavor shall be served in accordance with the law, the need for justice in the poverty alleviation work shall be accurately met, cases relating to poverty-stricken areas and people shall be tried according to the law, and the judicial work relating to regions in extreme poverty such as the four prefectures in southern Xinjiang, Tibetan regions in Sichuan, Linxia prefecture, Liangshan prefecture, and Nujiang prefecture and special poverty-stricken groups shall be duly conducted. Corruption crimes in the field of poverty alleviation, especially embezzlement and misappropriation, withholding and private distribution, fraudulent obtainment of poverty alleviation funds and other criminal acts, shall be severely punished, so as to maintain the safety of poverty alleviation funds and the lawful rights and interests of the public. The endeavor to prevent and control pollution shall be served in accordance with the law, the adjudicative work relating to environment and resources shall be strengthened, various environmental and resource cases shall be duly tried, environmental pollution crimes shall be severely punished, the improvement on the public-interest environmental litigation system shall be advanced, the procedures and systems for ecological and environmental damages shall be improved, the methods of liability for ecological and environmental remediation shall be innovated, cross-regional judicial cooperation and whole-river basin coordinated governance shall be advanced, and adjudicative systems and mechanisms relating to the environment and resources shall be improved. | | 10.依法服务打好三大攻坚战。依法服务防范化解重大风险，妥善审理金融案件，严厉打击非法集资、网络传销、内幕交易等犯罪，促进解决民营企业融资难、融资贵问题，提升金融审判能力和水平。依法服务脱贫攻坚战，精准对接脱贫工作司法需求，依法审理涉及贫困地区、困难群众相关案件，妥善做好涉及“三区三州”等深度贫困地区和特殊贫困群体司法工作。严惩脱贫攻坚领域腐败犯罪，特别是贪污挪用、截留私分、虚报冒领扶贫款等犯罪行为，依法维护扶贫资金安全和群众合法权益。依法服务污染防治攻坚战，加强环境资源审判工作，妥善审理各类环境资源案件，严惩污染环境犯罪，推进完善环境公益诉讼制度，健全生态环境损害赔偿程序制度，创新生态环境修复责任方式，推进跨区域司法协作、全流域协同治理，完善环境资源审判体制机制。 |
| 11. Serving the supply-side structural reform in accordance with the law. With a focus on the disposal of "zombie enterprises," the bankruptcy trial work shall be strengthened, the specialist and information technology-enabled building of bankruptcy trial shall be advanced, the improvement on the resecue and exit mechanism for market participants shall be improved, and the in-depth advancement of "capacity reduction, de-stocking, leverage cut, cost reduction, and weakness fixing" shall be consolidated and guaranteed by legal means. Cases relating to advanced manufacturing and new transactions, models and business modalities shall be tried in a lawful and due manner, and adjudicative criteria shall be accurately applied, so as to boost the reduction of enterprise costs and serve the shift from old to new impetus and improvement on the industry chain. Cases relating to companies, contracts, investment and market competition shall be tried in accordance with the law, and various monopoly and unfair competition shall be regulated in accordance with the law, so as to promote the formation of fair, open and transparent market rules. The decisions and arrangements of the CPC Central Committee with regard to optimizing the business environment shall be implemented in depth, the World Bank business environment assessment indicator system shall be benchmarked, and effective measures shall be adopted to improve the assessment of relevant judicial indicators, so as to actively create a stable, fair, transparent and predictable law-based business environment. | | 11.依法服务供给侧结构性改革。以处置“僵尸企业”为重点，加强破产审判工作，推进破产审判专业化、信息化建设，推动完善市场主体救治和退出机制，以法治化手段巩固和保障“三去一降一补”深入推进。依法稳妥审理涉及先进制造业以及各类新交易新模式新业态案件，精准把握裁判尺度，推动降低企业成本，服务新旧动能转换和提升产业链水平。依法审理公司、合同、投资以及市场竞争案件，依法规制各类垄断和不正当竞争行为，推动形成公平开放透明的市场规则。深入落实党中央关于优化营商环境的决策部署，对标世界银行营商环境评估指标体系，采取有效措施提高有关司法指标评估效果，积极营造稳定公平透明、可预期的法治化营商环境。 |
| 12. Serving the development of the private economy in accordance with the law. Judicial protection of property rights shall be strengthened, the equal treatment and protection of various market participants shall be adhered to, policy direction and work criteria shall be accurately grasped, various cases relating to property rights shall be duly tried, and the lawful rights and interests of private enterprises and entrepreneurs shall be equally protected. A regular mechanism to identify and correct enterprise-related misjudged cases shall be improved, the lawful identification and correction of misjudged cases related to property rights and the state compensation work shall be solidly conducted, the concepts of modesty, prudence and good faith shall be firmly established, and violations of the lawful rights and interests of enterprises shall be strictly prevented, so as to allow entrepreneurs to concentrate on starting businesses and rest assured in investing and operating. | | 12.依法服务民营经济发展。加大产权司法保护力度，坚持各类市场主体一视同仁、平等保护，准确把握政策方向和工作尺度，妥善审理各类涉产权案件，依法平等保护民营企业和企业家合法权益。健全涉企错案甄别纠正的常态化机制，扎实开展涉产权冤错案件依法甄别纠正和国家赔偿工作，牢固树立谦抑、审慎、善意理念，严防侵害企业合法权益行为，让企业家专心创业、放心投资、安心经营。 |
13. Serving the construction of an innovative country in accordance with the law. The leading role of judicial protection of intellectual property rights shall be maximized, all kinds of infringement of intellectual property rights shall be resolutely and lawfully punished, the compensation system for infringement of intellectual property rights shall be improved, the punitive damages system shall be correctly applied, and the legal environment for science and technology innovation shall be optimized. The construction of the intellectual property tribunal of the Supreme People's Court shall be strengthened, the overall layout and organizational system of intellectual property trials shall be further improved, and the specialist building of intellectual property trial teams shall be strengthened, so as to enhance or raise the capability and level of intellectual property trials. The development of international rules of protection of intellectual property shall be actively participated in, the reform of the international intellectual property governance system shall be promoted, China's voice and leadership in international governance rules shall be enhanced, and efforts shall be made to build up China into a model in international protection of intellectual property rights and a priority place for litigation.
．．．．．． | | 13.依法服务创新型国家建设。充分发挥司法保护知识产权主导作用，坚决依法惩处各类侵犯知识产权行为，完善知识产权侵权损害赔偿制度，正确适用惩罚性赔偿制度，优化科技创新法治环境。加强最高人民法院知识产权法庭建设，进一步完善知识产权审判整体布局和组织体系建设，加强知识产权审判队伍专业化建设，提升知识产权审判能力和水平。积极参与构建国际知识产权保护规则、推动国际知识产权治理体系变革，增强我国在国际治理规则中的话语权和引领力，努力把我国建成世界知识产权保护的典范和诉讼优选地。
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