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Opinions of the Supreme People's Court on Implementing the Judicial Accountability System and Improving the Trial Supervision and Management Mechanism (for Trial Implementation) [Effective]
最高人民法院关于落实司法责任制 完善审判监督管理机制的意见(试行) [现行有效]
【法宝引证码】

 
Opinions of the Supreme People's Court on Implementing the Judicial Accountability System and Improving the Trial Supervision and Management Mechanism (for Trial Implementation) 

最高人民法院关于落实司法责任制完善审判监督管理机制的意见(试行)

(No. 11 [2017] of the Supreme People's Court) (法发〔2017〕11号)

In order to comprehensively implement the reform of the judicial accountability system, correctly handle the relationship between the sufficient delegation of powers to lower levels and the effective supervision and management, regulate the trial supervision and management duties of court presidents and division chief judges, and effectively resolve the problems such as reluctance to delegate powers to lower levels, not daring to supervise and poor management, in accordance with the Several Opinions of the Supreme People's Court on Improving the Judicial Accountability System of the People's Courts and other provisions, the following opinions are hereby made in respect of improving the trial supervision and management mechanism of the people's courts. 为全面落实司法责任制改革,正确处理充分放权与有效监管的关系,规范人民法院院庭长审判监督管理职责,切实解决不愿放权、不敢监督、不善管理等问题,根据《最高人民法院关于完善人民法院司法责任制的若干意见》等规定,就完善人民法院审判监督管理机制提出如下意见:
I. After the reform of the judge quota system is completed, the people's courts at all levels must strictly implement the reform of the judicial accountability system and ensure “the judges hear the cases to render judgments and assume related responsibilities.” No court president or division chief judge may examine, sign and issue any written judgment for cases that are not directly tried by him- or herself, except for cases decided by the judicial committee upon collective discussion, or conduct approval of any case in a disguised form by such means as giving an oral instruction, observing the hearing of the collegial panel, and reviewing the delivered written judgments.   一、各级人民法院在法官员额制改革完成后,必须严格落实司法责任制改革要求,确保“让审理者裁判,由裁判者负责”。除审判委员会讨论决定的案件外,院庭长对其未直接参加审理案件的裁判文书不再进行审核签发,也不得以口头指示、旁听合议、文书送阅等方式变相审批案件。
II. The people's courts at all levels shall gradually improve the power list of court presidents and division chief judges in trial supervision and management. The trial supervision and management duties of court presidents and division chief judges are mainly embodied in the examination and approval of procedural matters, comprehensive guidance to the trial work, urging the unity of adjudicatory standards, the whole-process supervision of trial quality and efficiency, eliminating interference of external factors with trial activities, and other aspects.   二、各级人民法院应当逐步完善院庭长审判监督管理权力清单。院庭长审判监督管理职责主要体现为对程序事项的审核批准、对审判工作的综合指导、对裁判标准的督促统一、对审判质效的全程监管和排除案外因素对审判活动的干扰等方面。
Court presidents and division chief judges may, according to their duties and powers, check, operate and monitor the trial procedures and operations, analyze the judicial operation situation, warn of and correct improper behaviors, supervise the case trial progress and arrange the rectification measures in an overall manner. The time, contents, nodes, and handling results, etc., of court presidents and division chief judges' performance of their duties in trial supervision and management shall be recorded throughout the whole process and be preserved permanently on the platforms for handling official business and cases. 院庭长可以根据职责权限,对审判流程运行情况进行查看、操作和监控,分析审判运行态势,提示纠正不当行为,督促案件审理进度,统筹安排整改措施。院庭长行使审判监督管理职责的时间、内容、节点、处理结果等,应当在办公办案平台上全程留痕、永久保存。
III. The people's courts at all levels shall improve the case assignment system dominated by random assignment of cases with designated assignment of cases as a supplement. The undertaking judge of a case shall be determined randomly according to the categories of the trial fields and the division of complicated and simple cases. Where a specialized collegial panel or a specialized trial team has already been formed, cases will be assigned randomly inside the collegial panel or the trial team. The undertaking judge of a case may not be changed without authorization once being determined. When it is indeed necessary to change the undertaking judge under the circumstance of disqualification or due to job transfer, physical health problem, clean government risk or other reasons, the court president or division chief judge shall conduct approval and make decisions according to his or her authority. The parties shall be notified of the causes and results for such change in a timely manner, which should be publicized on the platforms for handling official business and cases.   三、各级人民法院应当健全随机分案为主、指定分案为辅的案件分配机制。根据审判领域类别和繁简分流安排,随机确定案件承办法官。已组建专业化合议庭或者专业审判团队的,在合议庭或者审判团队内部随机分案。承办法官一经确定,不得擅自变更。因存在回避情形或者工作调动、身体健康、廉政风险等事由确需调整承办法官的,应当由院庭长按权限审批决定,调整理由及结果应当及时通知当事人并在办公办案平台公示。
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