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Notice by the Supreme People's Court of Issuing the Work Priorities of People's Courts in 2020 [Effective]
最高人民法院关于印发《2020年人民法院工作要点》的通知 [现行有效]
【法宝引证码】

Notice by the Supreme People's Court of Issuing the Work Priorities of People's Courts in 2020 

最高人民法院关于印发《2020年人民法院工作要点》的通知

(No. 5 [2020] of the Supreme People's Court) (法发〔2020〕5号)

The higher people's courts of all provinces, autonomous regions, and municipalities directly under the Central Government; Military Court of the People's Liberation Army; and 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:
The Work Priorities of People's Courts in 2020 are hereby issued to you for your conscientious implementation. 现将《2020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
February 3, 2020 2020年2月3日
Work Priorities of People's Courts in 2020 2020年人民法院工作要点
The year of 2020 is the closing year of finishing the building of a moderately prosperous society in all respects and the 13th Five-Year Plan. People's courts at all levels shall always adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era, thoroughly implement the spirit of the 19th CPC National Congress, the Second, Third, and Fourth Plenary Sessions of the CPC Central Committee, the Central Economic Work Conference, and the Fourth Plenary Session of the 19th Central Commission for Discipline Inspection, and the Central Political and Legal Work Conference, enhance the "consciousness of the need to maintain political integrity, think in big-picture terms, follow the leadership core, and keep in alignment," boost "confidence in the path, theory, system, and culture of socialism with Chinese characteristics," achieve the "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," adhere to the Party's absolute leadership over the judicial work, adhere to the general tone of steady progress, unswervingly implement the new development concept, firmly center around the goal of "enabling the people to see in every judicial case that justice is served," adhere to the main line of justice for the people and fair justice, always accord top priority to the defense of national political security, comprehensively deepen the reform of the judicial system and the construction of smart courts, profoundly advance the construction of a one-stop diversified dispute resolution and litigation service system, vigorously strengthen the building of qualified teams, accelerate the advancement of the modernization of the trial system and trial capability, better bring the trial function into play, and provide powerful judicial services and guarantees for achieving sustainable and sound economic development and overall social stability and completing the building of a moderately prosperous society in all respects and successfully concluding the 13th Five-Year Plan. 2020年是全面建成小康社会和“十三五”规划收官之年。各级人民法院要始终坚持以习近平新时代中国特色社会主义思想为指导,深入贯彻落实党的十九大和十九届二中、三中、四中全会及中央经济工作会议、十九届中央纪委四次全会、中央政法工作会议精神,增强“四个意识”、坚定“四个自信”、做到“两个维护”,坚持党对司法工作的绝对领导,坚持稳中求进工作总基调,坚定不移贯彻新发展理念,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”目标,坚持司法为民、公正司法主线,始终把维护国家政治安全放在第一位,全面深化司法体制改革和智慧法院建设,深入推进一站式多元解纷和诉讼服务体系建设,大力加强过硬队伍建设,加快推进审判体系和审判能力现代化,更好发挥审判职能作用,为实现经济持续健康发展和社会大局稳定,为全面建成小康社会和“十三五”规划圆满收官提供有力司法服务和保障。
I. Persevering in strengthening theoretical arming and always using Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era to arm the mind, guide practice, and promote work   一、坚持不懈强化理论武装,始终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. Promoting the thorough, heartfelt, and solid study and implementation of Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era. Conscious and voluntary, timely and follow-up, big picture-based, actual circumstances-oriented, problem-oriented, and faithful and down-to-earth study shall be adhered to, political training in turn at different levels and of full coverage shall be organized, achievements in education on the theme of "not forgetting the original intention and remembering the mission" shall be consolidated and expanded, and the police officers shall be educated and directed to continue to strengthen the arming of themselves with scientific theories. The spirit of the Fourth Plenary Session of the 19th CPC Central Committee shall be profoundly studied and implemented, the advancement of the modernization of the trial system and trial capability shall be accelerated, the service for the big picture, justice for the people, and fair justice shall be solidly advanced, and the modernization of the national governance system and governance capability shall be advanced based on judicial functions. The spirit of the important speech delivered by General Secretary Xi Jinping when presiding over a meeting of the Standing Committee of the Political Bureau of the CPC Central Committee and listening to the work report from the Leading Party Members' Group of the Supreme People's Court ("SPC") shall be thoroughly studied and implemented, the consciousness and resoluteness of "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 enhanced, the performance of duties and dutifulness shall closely center around the goal of finishing the building of a moderately prosperous society in all respects, the reform of the judicial system shall be steadily advanced, the primary responsibility for the overall and strict governance of the Party shall be consolidated, and the Party building and team building of people's courts shall be strengthened. The spirit of General Secretary Xi Jinping's important instructions on political and legal work shall be studied and implemented in depth, the spirit of the Central Political and Legal Work Conference shall be studied and implemented, and the connection and focus for the judicial work to serve the big picture shall be effectively identified. 1.推动学习贯彻习近平新时代中国特色社会主义思想往深里走、往心里走、往实里走。坚持自觉主动学、及时跟进学、结合大局学、联系实际学、带着问题学、笃信笃行学,组织开展分层次、全覆盖的政治轮训,巩固拓展“不忘初心、牢记使命”主题教育成果,教育引导干警不断强化科学理论武装。深入学习贯彻党的十九届四中全会精神,加快推进审判体系和审判能力现代化,扎实推进服务大局、司法为民、公正司法,立足司法职能推进国家治理体系和治理能力现代化。深入学习贯彻习近平总书记主持召开中央政治局常委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,紧扣全面建成小康社会目标任务履职尽责,稳步推进司法体制改革,夯实全面从严治党主体责任,加强人民法院党的建设和队伍建设。深入学习贯彻习近平总书记对政法工作的重要指示精神,学习贯彻中央政法工作会议精神,切实找准司法工作服务大局的结合点、着力点。
2. Implementing Party leadership in all the aspects and links of the work of the people's courts. The Party's absolute leadership over judicial work shall be firmly adhere to, the implementation of the "consciousness of the need to maintain political integrity, think in big-picture terms, follow the leadership core, and keep in alignment", "confidence in the path, theory, system, and culture of socialism with Chinese characteristics" and "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" in the judicial field shall be ensured, and political stand, direction, principles and paths shall be highly aligned with the CPC Central Committee with comrade Xi Jinping as the core. The Regulation of the Communist Party of China on Requesting for Instructions and Reporting on Major Matters shall be deeply implemented, the political discipline and rules shall be strictly observed, and the work related to requesting for instructions and reporting on major matters shall be conscientiously and effectively conducted so as to ensure that the decisions and arrangements of the CPC Central Committee are implemented without compromise. The Regulation of the Communist Party of China on the Political and Legal Work shall be utterly implemented, the framework of systems for the Party's absolute leadership over judicial work shall be improved, and the promotion of the implementation by statutory procedures of the decisions and arrangements of the CPC Central Committee in judicial work shall be adhered to so as to ensure that the orders of the CPC Central Committee are immediately obeyed and that its policies and orders are smoothly communicated. 2.把党的领导贯彻到人民法院工作各领域各方面各环节。牢牢坚持党对司法工作的绝对领导,确保“四个意识”“四个自信”“两个维护”在司法领域落地落实,始终在政治立场、政治方向、政治原则、政治道路上同以习近平同志为核心的党中央保持高度一致。深入贯彻《中国共产党重大事项请示报告条例》,严守政治纪律和政治规矩,认真做好重大事项请示报告工作,确保党中央决策部署得到不折不扣贯彻执行。深入贯彻《中国共产党政法工作条例》,完善党对司法工作绝对领导的制度体系,坚持通过法定程序推动党中央决策部署在司法工作中得到贯彻落实,确保党中央令行禁止、政令畅通。
3. Unswervingly following the path of the socialist rule of law with Chinese characteristics. The organic unity of Party leadership, the people running the country, and law-based country governance shall be adhered to, the duties imposed by the Constitution and the law shall be faithfully performed, and the significant institutional advantages of safeguarding social fairness and justice and the rights of the people shall be demonstrated. General Secretary Xi Jinping's new concepts, ideas and strategies of comprehensive law-based governance of country shall be conscientiously implemented, the system of socialist rule of law with Chinese characteristics shall be upheld and improved, the building of the judicial system and that of judicial governance capability shall be put in a more prominent position, and an endeavor shall be made to prompt the socialist judicial system with Chinese characteristics to become more mature and better shaped. The combination of Party leadership and the exercise of judicial power in an independent and impartial manner according to the law shall be adhered to, the emphasis on politics shall be combined with that on the law, and the advantage in Party leadership shall be better translated into the effectiveness of judicial governance. 3.坚定不移走中国特色社会主义法治道路。坚持党的领导、人民当家作主、依法治国有机统一,忠实履行宪法法律赋予的职责,彰显保障社会公平正义和人民权利的显著制度优势。认真贯彻落实习近平总书记全面依法治国新理念新思想新战略,坚持和完善中国特色社会主义法治体系,把司法制度建设和司法治理能力建设摆到更加突出位置,努力推动中国特色社会主义司法制度更加成熟更加定型。坚持把党的领导和依法独立公正行使审判权统一起来,把讲政治和讲法律统一起来,更好把党的领导优势转化为司法治理效能。
II. Unshakably developing an overall national security concept and defending state security and social stability   二、牢固树立总体国家安全观,维护国家安全和社会稳定
4. Unshakably developing a criminal justice concept suited to the new era. From the perspective of safeguarding the country's long-term peace and security and consolidating the Party's ruling foundation, the function of criminal trial shall be profoundly understood, practical concerns shall be voluntarily responded to, and great importance shall be attached to the demonstrating role of adjudication so as to better serve sustained and sound economic development and general social stability. The law shall be accurately applied, the law of the land, nature's justice and human feelings shall be taken into account, the unity between punishment of crimes and protection of human rights and the coordination between equity and efficiency shall be adhered to, the common sentiments and justice concepts of the general public shall be respected, and social fairness and justice shall be defended by strict and equitable administration of the law. The criminal policy of tempering justice with mercy shall be accurately understood, criminal punishment shall be applied precisely, treatment shall be differentiated, and the distinction between mildness and severity shall be made so as to make sure that leniency due is offered, harshness due is maintained, justice is tempered with mercy, and the punishment fits the crime. The death sentence policy of the Party and the state shall be unswervingly adhered to, a tiny minority of criminals who have committed extremely serious crimes shall be resolutely sentenced to death, and the mediation system for incidental civil actions shall be correctly applied so as to prevent "trading money for life," "buying sentences for cash" and other misunderstandings in society. 4.牢固树立适应新时代的刑事司法理念。站在维护国家长治久安、巩固党的执政根基的高度,深刻认识刑事审判功能,主动回应现实关切,重视裁判示范作用,更好服务经济持续健康发展和社会大局稳定。准确适用法律,兼顾国法天理人情,坚持惩罚犯罪与保障人权相统一、公正与效率相协调,尊重群众朴素情感和正义观念,以严格公正司法捍卫社会公平正义。准确理解宽严相济刑事政策,精准适用刑罚,区别对待、轻重有别,做到该宽则宽、当严则严、宽严相济、罚当其罪。要毫不动摇坚持党和国家的死刑政策,对极少数罪行极其严重的犯罪分子坚决依法判处死刑,正确适用刑事附带民事诉讼调解制度,防止在社会上产生“花钱买命”“以钱买刑”等误解。
5. Conducting the special combat against criminal syndicate in depth. The handling of cases in strict accordance with the law shall be adhered to, the facts as basis and the law as the criterion shall be always adhered to, and the purposeful "upgrading" or "degrading" shall be resolutely prevented so as to ensure that each case stands the test of the law and history. The new milestone conditions and tasks of the combat against criminal syndicate shall be accurately grasped, the trial of major criminal syndicate-related cases shall be scrutinized, efforts to "remove umbrellas and break the net" and "cut funding and choke on blood" shall be intensified, governance at source shall be strengthened, and the removal of symptoms and roots shall be highlighted so as to ensure a thorough and utter combat against and the eradication of criminal syndicates and promote the realization of "permanent and regular management." The three-year goal shall be pursued ruthlessly, the process of trying criminal syndicate cases according to the law shall be expedited, and the securing of an overwhelming victory for the special combat shall be promoted. 5.深入开展扫黑除恶专项斗争。坚持严格依法办案,始终坚持以事实为根据、以法律为准绳,坚决杜绝人为“拔高”或者“降格”,确保每一起案件都经得起法律和历史检验。准确把握扫黑除恶阶段性新形势新任务,紧盯重大涉黑涉恶案件审理,加大“打伞破网”“打财断血”力度,加强源头治理,突出标本兼治,确保打深打透、除恶务尽,推动实现“长效常治”。咬定三年为期目标不放松,加快扫黑除恶案件依法审判进程,推动专项斗争取得全面胜利。
6. Severely punishing various criminal offenses according to the law. Various infiltration, subversion and sabotage, violence and terror, ethnic secession, and extreme religious crimes shall be strictly combated, and no effort shall be spared in protecting national political security. Corruption crimes shall be punished according to the law, the system of trial by default shall be accurately applied, and the in-depth development of the anti-corruption combat shall be promoted. Various serious violent crimes, frequently committed crimes against property and crimes against food and drug safety shall be severely punished in accordance with the law, and assaulting left-behind women and children, endangering campus security, endangering public transportation security, telecommunications network fraud and other crimes shall be severely punished so as to resolutely secure the life and property of the people. 6.依法严惩各类刑事犯罪。严厉打击各种渗透颠覆破坏、暴力恐怖、民族分裂、宗教极端犯罪,全力维护国家政治安全。要依法惩治腐败犯罪,准确适用缺席审判制度,促进反腐败斗争深入开展。依法严惩各类严重暴力犯罪、多发性侵财犯罪以及危害食品药品安全犯罪,严惩侵害留守妇女儿童、危害校园安全、妨害公共交通安全、电信网络诈骗等犯罪,坚决维护人民群众生命财产安全。
7. Strengthening judicial guarantees for human rights. The principles of no punishment without a law, the punishment fit for the crime, and equality before the law shall be strictly followed, and no punishment in doubtful cases and evidence-based adjudication shall be adhered to so as to ensure fair conviction, sentencing and process. The law-based exercise of procedural rights by defendants and their defenders shall be fully guaranteed, the law-based performance of duties by lawyers shall be respected and guaranteed, and the full coverage of the pilot program of criminal defense by lawyers shall be advanced. Respect for and guarantee of human rights underpin criminal trial shall be adhered to throughout the process, and the concept of an emphasis on combat and an underemphasis on protection as well as stress on substantive fairness and de-emphasis on procedures shall be further reversed so as to ensure that crimes are punished according to the law and human rights are guaranteed. 7.加强人权司法保障。严格遵循罪刑法定、罪责刑相适应和法律面前人人平等原则,坚持疑罪从无、证据裁判,确保定罪公正、量刑公正、程序公正。充分保障被告人及其辩护人依法行使诉讼权利,尊重和保障律师依法履职,推进律师辩护全覆盖试点。坚持把尊重和保障人权贯穿刑事审判全过程,进一步扭转重打击轻保护、重实体轻程序等观念,确保依法惩罚犯罪、保障人权。
8. Conscientiously and effectively preventing and controlling the COVID-19 outbreak. According top priority to the life security and health of the people shall be adhered to, the sense of responsibility and urgency shall be effectively enhanced, the requirements for bolstering confidence, solidarity, scientific prevention and control and precision adoption of measures shall be comprehensively implemented, internal measures adopted by the people's courts for outbreak prevention and control shall be enhanced, the role of the trial function shall be maximized, various violations and crimes that interfere with the outbreak prevention and control shall be severely punished according to the law, and the implementation of working measures such as outbreak prevention and control and stability maintain shall be effectively ensured so as to provide strong judicial services and guarantees for resolutely winning the battle for outbreak prevention and control. 8.认真做好新型冠状病毒感染肺炎疫情防控工作。坚持把人民群众生命安全和身体健康放在第一位,切实增强责任感和紧迫感,全面贯彻坚定信心、同舟共济、科学防治、精准施策的要求,强化人民法院内部疫情防控措施,充分发挥审判职能作用,依法严惩妨害疫情防控的各种违法犯罪,扎实抓好疫情防控和维护稳定等工作措施的落实,为坚决打赢疫情防控阻击战提供有力司法服务和保障。
III. Optimizing the business environment under the rule of law and actively serving high-quality economic development   三、优化法治化营商环境,积极服务经济高质量发展
9. Serving and guaranteeing the implementation of major national strategies. Major strategies such as the coordinated development of Beijing, Tianjin and Hebei Province and the construction of the Xiongan New Area, the integrated development of the Yangtze River Delta region, the construction of the Guangdong-Hong Kong-Macao Greater Bay Area, the ecological protection and high-quality development of the Yellow River Basin, and the comprehensive deepening of reform and opening in Hainan shall be precisely connected to actively provide judicial services and guarantees. In close accordance with the policy of "consolidation, enhancement, improvement and clearness," the deepening of the supply-side structural reform shall be served, cases related to new technologies, forms of business, and models shall be properly tried, bankruptcy trial work shall be strengthened, and the revival and exit systems and mechanisms for market participants shall be improved so as to advance the disposal of "zombie enterprises" in a lawful and orderly manner and serve the construction of a modern economic system. By making sufficient and good use of judicial means, vitality for innovation and entrepreneurship shall be stimulated, the relationship between the protection of digital rights and the development of the digital economy shall be effectively handled, and personal information shall be protected as legally required so as to serve and guarantee the development of the digital economy. The judicial protection of intellectual property rights shall be strengthened, the reform of the "three-in-one" trial mechanism shall be advanced in depth, the construction of the intellectual property court system shall be enhanced, the punitive compensation system shall be strictly implemented, the formulation of a special procedure law for intellectual property litigation shall be promoted, and the protection of trade secrets shall be enhanced so as to serve innovation-driven development. 9.服务保障国家重大战略实施。精准对接京津冀协同发展和雄安新区建设、长江三角洲区域一体化发展、粤港澳大湾区建设、黄河流域生态保护和高质量发展、海南全面深化改革开放等重大战略,积极提供司法服务保障。紧扣“巩固、增强、提升、畅通”八字方针,服务深化供给侧结构性改革,妥善审理涉及新技术新业态新模式案件,加强破产审判工作,完善市场主体救治和退出制度机制,依法有序推进“僵尸企业”处置,服务现代化经济体系建设。用足用好司法手段,激发创新创业创造活力,处理好数字权利保护与数字经济发展的关系,依法保护个人信息,服务和保障数字经济发展。加大知识产权司法保护力度,深入推进“三合一”审判机制改革,加强知识产权法院体系建设,严格落实惩罚性赔偿制度,推动制定知识产权诉讼特别程序法,加强商业秘密保护,服务创新驱动发展。
10. Creating a more stable, fair, transparent, and predictable business environment under the rule of law. The new development concept shall be unswervingly implemented, the guaranteeing role of the rule of law in consolidating the foundations, stabilizing expectations, and producing long-term benefits shall be underscored, actions and practices that do not fit or even run counter the new development concept shall be corrected according to the law, and the construction of a high-standard market system shall be served. The decisions and arrangements of the CPC Central Committee and the State Council with regard to optimizing the business environment shall be resolutely implemented, working efforts shall be intensified around the three indicators of "execution of contracts," "handling bankruptcy" and "protection of minority investors," and hard efforts shall be concentrated on the consolidation and improvement of indicators and the implementation of and innovation in policies. The reform of administrative trial systems and mechanisms shall be deepened, the government's administration according to the law shall be supported and supervised, the construction of a working mechanism for mediation in administrative disputes shall be strengthened, the substantive resolution of administrative disputes shall be enhanced, and the reform of "simplifying procedures, decentralizing powers, combining decentralization with appropriate control, and optimizing services" shall be served.
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 10.营造更加稳定公平透明、可预期的法治化营商环境。坚定不移贯彻新发展理念,更好发挥法治固根本、稳预期、利长远的保障作用,依法纠正不适应甚至违背新发展理念的行为和做法,服务高标准市场体系建设。坚决贯彻党中央、国务院关于优化营商环境的决策部署,围绕“执行合同”“办理破产”“保护中小投资者"三项指标加大工作力度,在指标巩固提升和政策落实创新上狠下功夫。深化行政审判体制机制改革,支持和监督政府依法行政,加强行政争议调解工作机制建设,强化实质性化解行政争议,服务“放管服”改革。
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