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| Opinions of the Supreme People's Court on Providing Judicial Services and Guarantees for the Planning and Construction of Hebei Xiongan New Area | | 最高人民法院关于为河北雄安新区规划建设提供司法服务和保障的意见 |
| (No. 22 [2019] of the Supreme People's Court) | | （法发〔2019〕22号） |
| For the purposes of thoroughly implementing Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era and the spirit of the 19th CPC National Congress, conscientiously carrying out the major decisions and arrangements of the CPC Central Committee with comrade Xi Jinping as the core with regard to establishing Hebei Xiongan New Area and further advancing the coordinated development of Beijing, Tianjin and Hebei Province, maximizing the functional role of people's courts, and serving and guaranteeing Hebei Xiongan New Area's comprehensively deepening reforms and expanding opening, and the following opinions are developed. | | 为深入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，认真落实以习近平同志为核心的党中央关于设立河北雄安新区、深入推进京津冀协同发展的重大决策部署，充分发挥人民法院职能作用，服务和保障河北雄安新区全面深化改革和扩大开放，制定如下意见。 |
| I. Effectively improving political stance and enhancing the sense of responsibility and mission to provide judicial services and guarantees for the planning and construction of Xiongan New Area. | | |
| 1. Profoundly understanding the great significance of the planning and construction of Xiongan New Area and specifying that serving and guaranteeing the planning and construction of Xiongan New Area is the glorious mission and sacred duty of people's courts in the new era. The establishment of Xiongan New Area is a major historic and strategic choice made by the CPC Central Committee with comrade Xi Jinping as the core, is a millennium strategy and a national event, and is of great and far-reaching significance for advancing the coordinated development of Beijing, Tianjin and Hebei Province and building a world-class conurbation with the capital as the core. People's courts at all levels shall thoroughly study and implement Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era, strengthen the “consciousness of the need to maintain political integrity, think in big-picture terms, follow the leadership core, and keep in alignment,” increase the “confidence in the path, theory, system, and culture of socialism with Chinese characteristics,” “defend 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,” conscientiously implement the new development concept, effectively enhance the consciousness and voluntariness in the work, fairly and efficiently try relevant cases in accordance with the law, advance the judicial system reform in depth, and comprehensively deepen the construction of smart courts so as to provide powerful judicial services and guarantees for building up Xiongan New Area into a high-level socialist modern city and a national model of high-quality development in the new era. | | 1.深刻认识雄安新区规划建设的重大意义，明确服务和保障雄安新区规划建设是新时代人民法院的光荣使命和神圣职责。设立雄安新区是以习近平同志为核心的党中央作出的一项重大历史性战略选择，是千年大计、国家大事，对推进京津冀协同发展、建设以首都为核心的世界级城市群具有重大而深远的意义。各级人民法院要深入学习贯彻习近平新时代中国特色社会主义思想，增强“四个意识”、坚定“四个自信”、做到“两个维护”，认真贯彻落实新发展理念，切实增强工作的自觉性和主动性，依法公正高效审理相关案件，深入推进司法体制改革，全面深化智慧法院建设，为把雄安新区建设成为高水平的社会主义现代化城市和新时代高质量发展的全国样板提供有力司法服务和保障。 |
| 2. Accurately grasping the development goals of the planning and construction of Xiongan New Area and precisely identifying the entry points and focus for providing judicial services and guarantees. To date, Xiongan New Area has shifted from a focus on the preparation of planing to the phase of substantial construction, and people's courts at all levels shall thoroughly grasp the actual work and provide more scientific, accurate, and powerful judicial services and guarantees for comprehensively advancing the planning and construction of Xiongan New Area. The requirements for vigorously, steadily, and systematically relieving Beijing of its non-capital functions shall be resolutely grasped, the communication and coordination with Party and government departments shall be strengthened, the mindset of the rule of law shall be adhered to, a problem-oriented approach shall be adhered to, and judicial issues in key fields and links such as innovative development, urban construction, and public services shall be brought into focus, survey and research shall be strengthened, judicial policies shall be made, and working mechanisms shall be innovated so as to fully meet the judicial needs of the innovative development of Xiongan New Area and comprehensively improve judicial services and the capability and level of guaranteeing the planning and construction of Xiongan New Area. | | 2.准确把握雄安新区规划建设的发展目标，找准提供司法服务和保障的切入点、着力点。当前，雄安新区已从编制规划为主转向实质性建设阶段，各级人民法院要深入把握这一工作实际，为全面推进雄安新区规划建设提供更加科学精准有力的司法服务和保障。要牢牢把握积极稳妥有序疏解北京非首都功能的要求，加强与党政机关沟通协调，坚持法治思维，坚持问题导向，聚焦创新发展、城市建设、公共服务等重点领域和关键环节存在的司法问题，加强调查研究，制定司法政策，创新工作机制，充分满足雄安新区创新发展的司法需求，全方位提升司法服务和保障雄安新区规划建设的能力和水平。 |
| II. Fully playing functional roles and providing powerful judicial services and guarantee for the planning and construction of Xiongan New Area | | 二、充分发挥职能作用，为雄安新区规划建设提供有力司法服务和保障 |
| 3. Strengthening criminal trials and providing a safe and stable social environment for the construction of Xiongan New Area. Various criminal offenses affecting the planning and construction of Xiongan New Area shall be severely punished in accordance with the law, criminal cases interfering with relieving Beijing of its non-capital functions and the construction of key engineering projects shall be severely punished, and the industry optimization of Xiongan New Area shall be vigorously served. Illegally pooling public deposits, fund-raising fraud, financial fraud and other economic crimes involving the public shall be severely punished in accordance with the law so as to maintain market order and social order. Efforts to punish various crimes that endanger safe production shall be increased, and the implementation of the safe production responsibility system shall be promoted so as to ensure the safety of people's lives and property. The trial of criminal cases related to the environment and resources such as environmental pollution, illegal logging, and illegal mining shall be strengthened, and the judicial protection of the environment and resources shall be enhanced. The crimes of the embezzlement, misappropriation, and fraudulent acquisition of state or collective property in the process of acquisition, demolition, and enterprise restructuring shall be severely punished in accordance with the law. The crimes by organizations of a gangland nature and gang-like groups shall be severely punished in accordance with the law, the focus shall be on cracking down on crimes related to organizations of a gangland nature and gang-like groups in land acquisition, demolition, engineering construction, and other fields, relevant duty-related crimes shall be severely punished, and the umbrella of organizations of a gangland nature and gang-like groups shall be resolutely removed so as to effectively maintain the social stability and public peace of Xiongan New Area. | | 3.加强刑事审判，为雄安新区建设提供安全稳定的社会环境。依法严惩影响雄安新区规划建设的各类刑事犯罪，严惩干扰北京非首都功能疏解、重点工程项目建设等犯罪案件，积极服务雄安新区产业优化布局。依法严惩非法吸收公众存款、集资诈骗、金融诈骗等涉众型经济犯罪，维护市场秩序和社会秩序。加大对各类危害安全生产犯罪的惩治力度，推动安全生产责任制的落实，确保人民生命财产安全。加强对污染环境、盗伐林木、非法采矿等涉环境资源刑事案件的审判，强化环境资源司法保护。依法严惩征收拆迁、企业转制过程中侵吞、挪用、骗取国家或集体财产的犯罪。依法严惩黑恶势力犯罪，重点打击征地拆迁、工程建设等领域的涉黑涉恶犯罪，严惩相关职务犯罪，坚决打掉黑恶势力保护伞，切实维护雄安新区社会稳定和人民安宁。 |
| 4. Strengthening civil and commercial trials and serving and guaranteeing high-quality economic development. Contract disputes, real right disputes, company disputes, security disputes, bankruptcy disputes, labor disputes, and other cases related to the relief of non-capital functions shall be properly tried, and the coordinated development of Beijing, Tianjin and Hebei Province shall be vigorously served. The judicial protection of property rights shall be strengthened, the disposal of case-related property shall be strictly regulated, and compulsory measures shall be prudentially used in accordance with the law so as to provide powerful judicial services and guarantees for creating a development environment for effective incentives of property rights, free flow of factors, fair and orderly competition, and the survival of the fittest. Cases involving hidden barriers in the fields of credit, investment, and bidding shall be properly tried in accordance with the law, and the lawful rights and interests of private enterprises shall be equally protected, so as to create a good rule of law environment for the development of small and medium-sized enterprises in Xiongan New Area. With the aim of effectively relieving Beijing of its non-capital functions and receiving its population relocated, strengthening the trial of cases in education, medical care, culture, social security, employment and entrepreneurship, and other people's livelihood fields and vigorously serving, guaranteeing, and improving people's livelihood shall be adhered to. The trial of cases in the real estate-related field shall be strengthened, the building of a new housing supply system shall be served, judicial means shall be vigorously used to support relevant authorities in strictly controlling housing prices in surrounding areas and preventing real estate speculation, and judicial support shall be provided for improving land transfer, leasing, a combination of transfer and leasing, mixed space transfer, payment of stock, and other diversified land use and supply modes. | | 4.加强民商事审判，服务和保障经济高质量发展。妥善审理涉及非首都功能疏解的合同纠纷、物权纠纷、公司纠纷、担保纠纷、破产纠纷、劳动争议等案件，积极服务京津冀协同发展。加强产权司法保护，严格规范涉案财产处置，依法慎用强制措施，为营造产权有效激励、要素自由流动、竞争公平有序、企业优胜劣汰的发展环境提供有力司法服务和保障。依法妥善审理涉信贷、投资、招投标领域的隐性壁垒案件，平等保护民营企业合法权益，为雄安新区中小微企业发展营造良好法治环境。坚持围绕有效实现北京非首都功能疏解人口转移的目标，加强涉教育、医疗、文化、社会保障和就业创业等民生领域案件审理，积极服务保障和改善民生。加强房地产相关领域案件审判，服务构建新型住房供给体系，积极运用司法手段支持有关部门严控周边房价、防范炒地炒房投机行为，为完善土地出让、租赁、租让结合、混合空间出让、作价出资入股等多元化土地利用和供应模式提供司法支持。 |
5. Strengthening administrative trials and supporting and supervising administration by the administrative agencies' according to the law. The administrative agencies of Xiongan New Area innovating administration modes in accordance with the law shall be served and guaranteed in accordance with the law, the reform of “simplifying procedures, decentralizing powers, combining decentralization with appropriate control, and optimizing services” shall be advanced in depth, and the administrative agencies of Xiongan New Area shall be supported in performing their duties according to the law. The trial of administrative cases in land development and utilization, urban planning and design, infrastructure construction, urban management, and other fields shall be strengthened, and the role of judicial trials in serving and guaranteeing the planning and utilization of spatial resources shall be enhanced. Administrative cases related to acquisition, relocation, and replacement shall be properly tried, and the land acquisition working mechanism with sound and regulated procedures, reasonable compensation, and diverse guarantees shall be improved. For administrative litigations arising from administrative agencies decentralizing approval and administrative licensing items to Xiongan New Area in engineering construction, market access, social management, and other aspects, the supervision and guidance of trials shall be strengthened, and the innovation in the government administration systems and mechanisms shall be effectively boosted. A green channel for administrative non-litigation enforcement cases shall be established, and non-litigation enforcement applications shall be promptly examined in accordance with the law so as to ensure that major engineering projects are advanced in a timely manner.
．．．．．． | | 5.加强行政审判，支持和监督行政机关依法行政。依法服务和保障雄安新区行政机关创新管理模式，深入推进“放管服”改革，支持雄安新区行政机关依法履职。加强土地开发利用、城市规划设计、基础设施建设、城市管理等领域行政案件审判，强化司法审判对规划利用国土空间资源的服务保障作用。妥善审理征迁安置相关行政案件，健全完善程序规范、补偿合理、保障多元的土地征收工作机制。对行政机关向雄安新区下放工程建设、市场准入、社会管理等方面的审批和行政许可事项引发的行政诉讼，加强审判监督指导，有效推动行政管理体制机制创新。建立行政非诉执行案件绿色通道，依法及时审查非诉执行申请，确保重大建设工程项目及时推进。
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