| Opinions of the Supreme People's Court on Practical Fulfillment of Justice for the People, Vigorous Strengthening of Judicial Impartiality and Continuous Improvement of Public Confidence in Justice | | 最高人民法院关于切实践行司法为民大力加强公正司法不断提高司法公信力的若干意见 |
| (No. 9 [2013], the Supreme People's Court) | | （法发〔2013〕9号） |
| For the purposes of profoundly implementing the major deployment of the 18th National Congress of the Communist Party of China (CPC) on accelerating construction of China into a socialist country based on the rule of law and the important statements of General Secretary Xi Jinping on development of the rule of law, actively responding to new requirements and new expectations of the people on the work of the people's courts in the new era, practically fulfilling justice for the people, vigorously strengthening judicial impartiality, continuously improving public confidence in justice, and maximizing the functional role of the people's courts, the following Opinions are hereby offered. | | 为深入贯彻落实党的十八大关于加快建设社会主义法治国家的重大部署和习近平总书记关于法治建设的重要论述，积极回应人民群众对于新时期人民法院工作的新要求和新期待，切实践行司法为民，大力加强公正司法，不断提高司法公信力，充分发挥人民法院的职能作用，现提出如下意见。 |
| I. Enhancing Understanding and Always Taking Justice for the People and Judicial Impartiality as the Main Line in the Work of the people's courts | | 一、提高思想认识，始终把司法为民、公正司法作为人民法院工作的主线 |
| 1. In-depth understanding of the great realistic significance of justice for the people and judicial impartiality: The people's courts at all levels shall carefully study the report of the 18th National Congress of the CPC and the statements of General Secretary Xi Jinping on development of the rule of law; fully understand the profound meaning of “striving to let the people feel fair and just in every legal case”; and fully understand the realistic significance of fulfilling justice for the people, strengthening judicial impartiality and improving public confidence in justice in setting up a fine image of the people's courts, safeguarding judicial authority, guaranteeing effective implementation of the Constitution and other laws, advancing lawful governance of the country, and building China into a country based on the rule of law. | | 1.深刻认识司法为民、公正司法的重大现实意义。各级人民法院要认真学习党的十八大报告和习近平总书记关于法治建设的重要论述，充分领会“努力让人民群众在每一个司法案件中都感受到公平正义”的深刻涵义，全面认识践行司法为民，加强公正司法，提高司法公信力对于树立人民法院良好形象，维护司法权威，保障宪法法律有效实施，推进依法治国，建设法治中国的重大现实意义。 |
| 2. Firmly seizing the favorable conditions and historical opportunities for development of the people's courts: The CPC Central Committee pays heightened attention to development of the rule of law, attaches great importance to judicial work, and supports judicial organs in exercising judicial power lawfully, independently, and impartially, providing powerful political guarantee for the work of the people's courts. The warm and cordial expectations of the people on progress in the rule of law and judicial impartiality provide an inexhaustible driving force for the work of the people's courts. The rich experience accumulated by the several generations of court staffs in the long process of building the socialist judicial system with Chinese characteristics has laid a solid foundation for scientific development of the people's courts. The courts at all levels shall doubly cherish and fully utilize these favorable conditions, firmly seize this historical opportunity, and with outstanding judicial practices adhering to impartiality, high efficiency, service for the people, and integrity, usher in a new pattern of the work of the people's courts on a full scale, and write a new chapter of development of the people's courts. | | 2.牢牢把握人民法院发展的有利条件和历史机遇。党中央高度重视法治建设，十分重视司法工作，支持审判机关依法独立公正行使审判权，为人民法院开展工作提供了强有力的政治保障；人民群众对法治进步和公正司法的热切期盼，为人民法院开展工作提供了不竭的动力；几代法院工作人员在建设中国特色社会主义司法制度的长期过程中积累的丰富经验，为人民法院科学发展打下了坚实的基础。各级法院要倍加珍惜并充分利用这些有利条件，牢牢把握这一历史机遇，以公正、高效、为民、廉洁司法的卓越实践，全面开创人民法院工作的新局面，谱写人民法院发展的新篇章。 |
| 3. Practical solution of prominent problems faced in the work of the people's courts: Presently, the people's courts face very complicated situations and very arduous tasks, while the people have increasingly high demand for judicial work. All judges and other staffs of courts shall enhance their sense of responsibility and awareness of unexpected development, squarely face the gap between the work of the people's courts and the requirements of the CPC Central Committee and expectations of the people, carefully identify and practically solve prominent problems with which the people are strongly concerned, find out causes from within themselves, sum up experience and lessons, improve work, and strive to elevate the justice for the people, judicial impartiality and public confidence in justice to new levels. | | 3.切实解决法院工作面临的突出问题。当前，人民法院工作面临的形势十分复杂，任务十分艰巨，人民群众对司法工作的要求越来越高。全体法官和法院其他工作人员都要增强责任意识和忧患意识，正视人民法院工作与党中央要求、人民群众期待之间的差距，认真排查并切实解决人民群众反映强烈的突出问题，立足自身查找原因，总结经验教训，改进工作，努力将司法为民、公正司法和司法公信力提高到新的水平。 |
| II. Adherence to Independent Adjudication in Accordance With the Law and Faithful Fulfillment of Duties Conferred by the Constitution and Other Laws | | 二、坚持依法独立审判，忠实履行宪法法律赋予的职责 |
| 4. Handling of cases strictly in accordance with the law: The judiciaries shall further enhance the belief of upholding the rule of law, loyalty to law and strict enforcement of law; shall keep enhancing their capacity of having a good command of law, accurately understanding law and correctly applying law; shall always adhere to the principle of “taking the facts as the basis and taking the law as the yardstick”; may not break the red line of law under any excuse; and shall put an end to any overstepping of law, distortion of law, and occurrence of other phenomena of violating or bending the law in adjudication. In the adjudication of every case, the basic requirements that the facts in the case are clearly found, that the application of law is correct, that the results of handling of the case is impartial, that the procedure of the trial of the case is lawful, and that the legal documentation is standard shall be implemented, to ensure that adjudications can stand the test of law and history. | | 4.严格依法办案。全体法官要进一步强化崇尚法治、忠于法律、严格执法的信念，不断提高熟练掌握法律、准确理解法律、正确适用法律的能力，始终坚持“以事实为根据，以法律为准绳”的原则，不得以任何理由突破法律底线，杜绝任何超越法律、歪曲法律以及其他违法枉法裁判现象的发生。审理每一起案件，都要贯彻认定事实清楚、适用法律正确、处理结果公正、审判程序合法、法律文书规范的基本要求，确保裁判经得起法律和历史的检验。 |
| 5. Adherence to independent exercise of judicial power in accordance with the law: The constitutional principle of independent exercise by the people's courts of judicial power in accordance with the law shall be resolutely implemented, with resolute boycott of various forms of local and departmental protectionism, and with resolute exclusion of interference by all extralegal factors including power, money, human relationships and connections, to keep perfecting the systems and mechanisms for guaranteeing independent exercise by the people's courts of judicial power in accordance with the law, and to resolutely maintain the dignity and authority of the Constitution and other laws. All judges shall form the characters of daring to stand up for principles, daring to stand up for the truth, daring to handle cases in accordance with the law and daring to assume responsibility. The presidents, vice-presidents, members of adjudicative committees, divisional chiefs, and deputy divisional chiefs of courts at all levels shall resolutely support the collegiate benches and sole-judge benches in impartial adjudication of cases in accordance with the law. Courts at higher levels shall resolutely support courts at lower levels in independent and impartial exercise of judicial power in accordance with the law. | | 5.坚持依法独立行使审判权。坚决贯彻人民法院依法独立行使审判权的宪法 |
| 6. Adherence to correct application of law: Supervision and guidance of adjudication shall be further strengthened and improved. Efforts shall be made to improve the pertinence, scientificness, rationality and efficacy of judicial policies and judicial interpretations. The important role of guiding cases and reference cases shall be maximized. The system of rules for application of law shall be established and improved. The right of discretion shall be brought under regulation. Judicial criteria shall be unified. The standards for adjudication shall be strict. Standardization of sentencing shall continue to be advanced. The standards for reversing adjudications, remanding cases for retrial, and institution of retrial shall be brought under regulation. Courts at higher levels shall not only respect exercise of the right of discretion by courts at lower levels, but shall also redress wrong adjudications rendered by courts at lower levels in accordance with the law. | | 6.坚持正确实施法律。进一步加强和完善审判监督指导，努力提高司法政策、司法解释的针对性、科学性、合理性和实效性，充分发挥指导性案例和参考案例的重要作用。建立健全适用法律的规则体系，规范自由裁量权，统一司法尺度，严格裁判标准，继续推进量刑规范化。规范案件改判、发回重审及提起再审的标准。上级法院既要尊重下级法院的自由裁量权，又要依法纠正下级法院的错误裁判。 |
| 7. Utilizing the orientation role of adjudications of courts: On the basis of accurately grasping the spirit of law and comprehensively observing social realities and public opinions, adjudications shall be impartially made in accordance with the law; and the important role of adjudications of courts in highlighting the spirit of the rule of law, enhancing awareness of rules, guiding social tendency and maintaining the public order shall be maximized, to resolutely maintain the seriousness of law and embody the correct orientation of value. Solution of public complaints and proposals involving lawsuits shall be brought on the track of the rule of law. Not only shall clear channels for submitting complaints and proposals be maintained, but also acts of irrational repeat petitions and disturbing visits be dealt with in accordance with the law, to resolute maintain res judicata and the authority of adjudications of courts. | | 7.发挥司法裁判的导向作用。要在准确把握法律精神、全面体察社情民意的基础上，依法公正裁判，充分发挥司法裁判对彰显法治精神、强化规则意识、引领社会风尚、维护公共秩序的重要作用，坚决维护法律的严肃性，体现正确的价值导向。要把涉诉信访纳入法治化的解决轨道，既要畅通依法信访的渠道，又要依法处置无理缠诉闹访行为，坚决维护司法裁判的既判力和权威性。 |
| III. Adherence to Serving the Big Picture and Striving to Realize Unity Between Legal Effect and Social Effect | | 三、坚持服务大局，努力实现法律效果与社会效果的统一 |
| 8. Correctly grasping the guideline on innovation and development of the people's courts on the basis of national realities: In light of the reality of unbalanced economic and social development in China, courts at all levels shall not only keep improving their standardization, specialization and professionalism, but also keep innovating on ways and means of adjudication that meet the pattern of adjudication, that are simple and easy to apply, and that are convenient and beneficial to the people, to satisfy the requirement of effectively dissolving the various contradictions and disputes. Under the premise of maintaining unity of the legal system, difficult problems in applying law arising from unbalanced development and adjustment of the structure of interests shall be appropriately handled, with importance attached to inclusiveness of different regions and different circumstances by judicial policies and judicial interpretations, and with importance attached to fairness of judicial rules in application to members of society at different strata. | | 8.立足国情正确把握人民法院创新与发展的思路。针对我国经济社会发展不平衡的实际，各级法院既要不断提升正规化、专业化、职业化水平，又要不断创新符合审判规律、简单易行、便民利民的审判方式方法，满足有效化解各类矛盾纠纷的要求。要在维护法制统一的前提下，妥善处理因发展不平衡和利益格局调整而产生的法律适用难题，注重司法政策、司法解释对不同地区不同情况的包容性，注重司法规则对不同阶层社会成员适用的公平性。 |
| 9. Actively serving the big picture by surrounding judicial functions: The people's courts shall adhere to active judicature, perform their judicial functions and duties, effectively apply judicial means, and strive to serve the big picture. The relationship between active judicature and serving the big picture and the fulfillment of adjudicative functions in accordance with the law shall be correctly handled. Awareness of the big picture shall be enhanced. The work of the people's courts shall be conscientiously integrated into the overall work of the Communist Party and the state. The people's courts shall, by formulation and application of judicial policies and judicial interpretations, strive to achieve the organic integration between the work of adjudication and the overall work. Through adjudications for individual cases, the various disputes arising from imbalances in development, the lagging social development, or absence of social management shall be prudently and appropriately handled; and the various factors involved in cases and impacts of adjudications on all aspects shall be comprehensively taken into consideration, to prevent inappropriateness in handling individual cases from exacerbating social contradictions and negatively impacting social stability. Staffs of courts are strictly prohibited from participation in local invitations for investment or joint law enforcement, and are also strictly prohibited from early participation in specific public administration activities such as land expropriation and building demolition and relocation. | | 9.围绕司法职能积极服务大局。坚持能动司法，发挥司法职能，恪守司法本职，用好司法手段，努力服务大局。正确处理能动司法、服务大局与依法履行审判职能的关系，不断增强大局意识，自觉把人民法院工作置于党和国家的工作大局之中。通过制定和实施司法政策、司法解释，努力实现审判工作与大局工作的有机结合；通过个案裁判，审慎、妥善处理因经济社会发展失衡、社会建设滞后、社会管理缺失引发的各种纠纷，全面考量案件涉及的各种因素和裁判对各方面的影响，防止因个案处理失当激化社会矛盾，影响社会稳定。严禁法院工作人员参与地方招商、联合执法，严禁提前介入土地征收、房屋拆迁等具体行政管理活动。 |
| 10. Attaching importance to integration of judicial work with social life: The demand and expectation of the people on the work of the people's courts shall be accurately grasped. Heightened attention shall be paid to concerns and comments of the people on the work of courts. The general perception and shared feelings of the people about judicial impartiality shall be practically respected. The people's courts shall keep strengthening the investigation and research on social life, carefully study the major approaches, rules, and customs of various social relations and communications , be adept in summarizing and applying common knowledge and experience universally gained by the people, and strive to enable the process of judicature and results of case handling to meet the conception of the people about impartiality and justice within the scope prescribed by law. Development of judicial integrity and social integrity shall be vigorously advanced, and litigation activities and court adjudications shall be used to strengthen the protection of bona fide acts and punishment of mala fide acts, so as to raise the benefits from integrity, increase the costs of mala fide acts, and strictly prevent and punish any use of litigation by the parties to evade liability or seek unjust interests. | | 10.注重司法审判工作与社会生活的融合。准确把握人民群众对法院工作的需求与期待，高度重视人民群众对法院工作的关切和评价，切实尊重人民群众对司法公正的普遍认知和共同感受。不断加强对社会生活的调查研究，认真了解各类社会关系和社会交往的主要方式与规则习惯，善于总结和运用人民群众公认的常识与经验，努力使司法过程和处理结果在法律规定的范围内贴近人民群众的公平正义观念。大力推进司法诚信和社会诚信建设，利用诉讼活动和司法裁判，加大对诚信行为的保护力度和对失信行为的惩罚力度，提高诚信效益，增大失信成本，严格防范并依法制裁当事人利用诉讼手段逃避责任或谋取不正当利益。 |
| IV. Vigorous Efforts for Law Enforcement and Case Handling and Comprehensive Improvement of the Quality and Efficiency of the Work of Adjudication | | 四、狠抓执法办案，全面提升审判工作的质量与效率 |
| 11. Underscoring quality of adjudication: The people's courts shall have an in-depth understanding that the realization of high quality, high efficiency and satisfactory results of the work of adjudication is a solid foundation for realizing justice for the people, strengthening judicial impartiality, and increasing public confidence in justice. The people's courts shall adhere to taking law enforcement and case handling as the top priority, taking guarantee of the quality of adjudication as the top responsibility and taking promotion of cessation of litigation, settlement of disputes and voluntary reconciliation between the parties as a key process. The quality of court trial and the quality of preparation of adjudicative instruments shall be practically improved. According to the requirements for improving the quality of trial, organizational structures shall be scientifically established, the powers and duties shall be rationally distributed, allocation of judicial resources shall be optimized, and complete and strong judicial personnel shall be in place, to practically realize allocation of high-quality judicial resources to the front line of case handling. The various systems and mechanisms for guaranteeing the quality of adjudication shall be established, perfected, and conscientiously implemented. Experience and approaches helping to improve the quality of adjudication shall be summed up on a continued basis and widely promoted in a timely manner. | | 11.强化审判质量。深刻认识实现审判工作的高质量、高效率、好效果，是践行司法为民、加强公正司法、提高司法公信力的坚实基础。坚持把执法办案作为第一要务，把保证审判质量作为第一责任，把推动当事人息诉止争及自动和解作为重点环节，切实提高庭审质量和裁判文书制作质量。根据提升审判质量的要求，科学设置内设机构，合理配置职权职责，优化配置审判资源，配齐配强审判力量，切实做到将优质审判资源配置到司法办案第一线。建立健全并认真落实保证审判质量的各项制度机制，不断总结并及时推广有利于提升审判质量的各种经验和做法。 |
| 12. Establishment and perfection of the system of trial quality control: In accordance with the characteristics of the work of trial, a multi-perspective and all-round case quality control system with “point, line, and plane” shall be established. As far as “point” is concerned, efforts shall be focused on key posts, key cases, and key trials. As far as “line” is concerned, priority shall be given to important processes and important links of trials. As far as “plane” is concerned, priority shall be given to the basic situation and trend of development of the work of trial. The trial quality-effects analysis system, the system of analysis, study and judgment of cases remanded or reversed in trials upon appeal and retrial cases upon petition, the system of typed treatment of conventional cases, the typical case notification system, the system of exchanging experience in trial, the system of court trial observation and appraisal, the system of appraisal and random examination of adjudicative instruments, and other systems helping to guarantee and improve the quality of trial shall be established and improved. | | 12.建立健全审判质量控制体系。根据审判工作的特殊性，构建“点、线、面”多角度、全方位的案件质量控制体系。“点”上集中把握好重点岗位、重点案件和重点判项；“线”上重点把握好审判活动的重要流程和重要环节；“面”上重点把握好审判工作的基本态势和发展趋势。建立健全审判质效分析制度、二审案件发回重审或改判及再审案件分析研判制度、常规案件类型化处理制度、典型案件通报制度、审判经验交流制度、庭审观摩评议制度以及裁判文书评查和抽查制度等有助于保证和提升审判质量的制度。 |
| 13. Improvement of efficiency of trial and enforcement: Communication, coordination and cooperation in case docketing, trial, and enforcement shall be strengthened, to form joint forces in work between trial departments and enforcement departments. Trial processes shall be further regulated, with rational determination of the time limit on all processes of trial, to remove bottlenecks and obstructions in the processes of trial. The ways of service of process shall be further regulated, and the time of effective service shall be shortened as much as possible. Bifurcation of complex and simple cases shall be effectively made; and procedures for urging debt repayment, summary procedures and small claims procedures shall be applied in accordance with the law. Under the premise of guaranteeing the quality of cases, efforts shall be made to shorten the period of legal proceedings, in order that the legitimate rights and interests of the parties may be realized as soon as possible. Meanwhile, importance shall be attached to balanced settlement of cases. There shall be no refusal to accept cases for the sake of raising the case settlement rate or rush to settle cases in disregard of the quality of cases. | | 13.提高审判执行效率。加强立案、审判、执行的沟通、协调与配合，形成审判部门与执行部门的工作合力；进一步规范审判流程，合理确定各审判节点的时限，消除审判流程中的瓶颈和阻滞；进一步规范送达方式，尽量缩短有效送达的时间；有效实行案件的繁简分流，依法适用督促程序、简易程序和小额诉讼程序。在保证案件质量的前提下，努力缩短诉讼周期，使当事人的合法权益能够尽快实现。同时，注重均衡结案，不得因提高结案率而不收案或忽视质量而突击结案。 |
14. Improvement of the trial quality assessment system: The trial quality assessment system shall be further improved, and the various assessment indexes and their weights shall be rationally set, to keep raising the level of scientificness of the trial quality assessment system. The people's courts shall adhere to a correct conception on judicial performance. The case quality assessment system shall be correctly understood and comprehensively and effectively applied. Any falsification in judicial statistics and trial quality assessment shall be firmly opposed. One-sided or isolated pursuit of certain assessment indexes shall be prevented. The role of the assessment system in reflecting the true level of the work of trial, guiding impartial and highly efficient operation of activities of trial and increasing the enthusiasm of courts and judges for work shall be maximized.
．．．．．． | | 14.完善审判质量评估体系。进一步完善审判质量评估体系，合理设定各种评估指标及其权重，不断提升审判质量评估体系的科学化水平。坚持正确的司法绩效观，正确认识、综合运用好案件质量评估体系，坚决反对在司法统计和审判质量评估中弄虚作假，避免片面、孤立地追求某些单项评价指标，充分发挥评估体系在反映审判工作的真实水平，引导审判活动公正高效运行，提高法院及法官工作积极性方面的作用。
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