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Notice of the Supreme People's Court on Issuing the Opinions on Establishing and Improving the Working Mechanisms for the Prevention of Miscarriages of Justice in Criminal Cases | | 最高人民法院印发《关于建立健全防范刑事冤假错案工作机制的意见》的通知 |
| (No. 11 [2013] of the Supreme People's Court) | | （法发〔2013〕11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 Region: | | 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： |
| To further implement the Provisions on Effectively Preventing Miscarriages of Justice issued by the CPC Central Commission for Political and Legislative Affairs, the Supreme People's Court has formulated the Opinions on Establishing and Improving the Working Mechanisms for the Prevention of Miscarriages of Justice in Criminal Cases, which are hereby issued to you for your earnest compliance and implementation. You are also required to forward them to the people's courts at the lower levels in a timely manner. | | 为深入贯彻落实中央政法委员会《关于切实防止冤假错案的规定》，我院制定了《关于建立健全防范刑事冤假错案工作机制的意见》，现印发给你们，请认真遵照执行，并及时转发下级人民法院。 |
| People's courts at all levels shall, in criminal trials, fulfill their duties in strict accordance with law, firmly establish the concept of attaching equal importance to punishment of crimes and protection of human rights, take facts as the basis and law as the criterion, and stick to the bottom line of preventing miscarriages of justice to effectively safeguard judicial justice. | | 各级人民法院在刑事审判工作中要严格依法履行职责，牢固树立惩罚犯罪与保障人权并重的观念，以事实为根据，以法律为准绳，坚守防止冤假错案的底线，切实维护司法公正。 |
| Supreme People's Court | | 最高人民法院 |
| October 9, 2013 | | 2013年10月9日 |
| Opinions on Establishing and Improving the Working Mechanisms for the Prevention of Miscarriages of Justice in Criminal Cases | | 关于建立健全防范刑事冤假错案工作机制的意见 |
| To legally and accurately punish crimes, respect and protect human rights and realize judicial justice, in accordance with the Criminal Procedure Law of the People's Republic of China and relevant judicial interpretations as well as other provisions, and in light of judicial practices, we hereby put forward the opinions on people's courts' establishment and improvement of the working mechanisms for the prevention of miscarriages of justice in criminal cases as follows: | | 为依法准确惩治犯罪，尊重和保障人权，实现司法公正，根据《中华人民共和国刑事诉讼法》和相关司法解释等规定，结合司法实际，对人民法院建立健全防范刑事冤假错案的工作机制提出如下意见： |
| I. Adhering to basic principles for criminal proceedings and establishing scientific judicial concepts | | 一、坚持刑事诉讼基本原则，树立科学司法理念 |
| 1. People's court shall adhere to the principle of respecting and protecting human rights. People's courts shall respect the status of defendants as subjects of litigation, protect the defendants' right to defense and other litigation rights, and protect the innocents from criminal liabilities. | | 1.坚持尊重和保障人权原则。尊重被告人的诉讼主体地位，维护被告人的辩护权等诉讼权利，保障无罪的人不受刑事追究。 |
| 2. People's courts shall adhere to the principle of independent exercise of the judicial power in accordance with law. People's courts must take the facts as basis and law as the criterion, and may not render judgments against law due to media hype, petitions by the parties concerned and “maintenance of stability” by local governments and other pressures. | | 2.坚持依法独立行使审判权原则。必须以事实为根据，以法律为准绳。不能因为舆论炒作、当事方上访闹访和地方“维稳”等压力，作出违反法律的裁判。 |
| 3. People's courts shall adhere to the principle of procedural justice. People's courts shall conscientiously comply with the relevant provisions of the Criminal Procedure Law, hear cases in strict accordance with the legal procedures, and ensure the accurate and effective enforcement of law. | | 3.坚持程序公正原则。自觉遵守刑事诉讼法有关规定，严格按照法定程序审判案件，保证准确有效地执行法律。 |
| 4. People's courts shall adhere to the principle of open trial. People's courts shall legally protect the litigation rights of the parties concerned and the right of the public to know, and make public the trial process and judgment documents in accordance with law. | | 4.坚持审判公开原则。依法保障当事人的诉讼权利和社会公众的知情权，审判过程、裁判文书依法公开。 |
5. People's courts shall adhere to the principle of “no evidence, no conviction”. The finding of facts of cases must be based on evidence. People's courts shall review and determine the admissibility of evidence in accordance with legal procedures. To convict defendants, people's courts shall apply the proof standards with reliable and sufficient evidence.
．．．．．． | | 5.坚持证据裁判原则。认定案件事实，必须以证据为根据。应当依照法定程序审查、认定证据。认定被告人有罪，应当适用证据确实、充分的证明标准。
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