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Opinions of the Supreme People's Court on Providing Judicial Services and Guarantee for the Coordinated Development of Beijing-Tianjin-Hebei [(end)] | | 最高人民法院关于为京津冀协同发展提供司法服务和保障的意见 |
| (No. 5 [2016] of the Supreme People's Court) | | （法发〔2016〕5号） |
| For the purpose of fully implementing the strategic deployment of the Proposal of the CPC Central Committee for Formulating the 13th Five-Year Blueprint for China's Economic and Social Development and the Outline of the Plan for the Coordinated Development of Beijing-Tianjin-Hebei, fully maximizing the judicial function of people's courts, and providing high-quality and efficient judicial services and guarantee for the coordinated development of Beijing-Tianjin-Hebei, the following guiding opinions are developed. | | 为全面贯彻落实《中共中央关于制定国民经济和社会发展第十三个五年规划的建议 |
| I. Fully understanding the significance of the strategy of coordinated development of Beijing-Tianjin-Hebei and accurately understanding the basic requirements of judicial services and guarantee | | 一、充分认识京津冀协同发展战略的重大意义，准确把握司法服务和保障的基本要求 |
| 1. Fully understanding the significance of the strategy of coordinated development of Beijing-Tianjin-Hebei and accurately understanding the basic requirements of judicial services and guarantee Coordinated development of Beijing-Tianjin-Hebei is a major national strategy of great practical significance and far-reaching historical significance for the coordinated promotion of “Four Comprehensives” and the realization of the “two centenary” goals and the great rejuvenation of the Chinese Nation. Providing high-quality and efficient judicial services and guarantee for the coordinated development of Beijing-Tianjin-Hebei is a significant political responsibility and glorious historical mission undertaken by people's courts. Courts in Beijing, Tianjin, and Hebei shall unify their thinking, deepen the understanding, and effectively enhance the consciousness and initiative of judicial services and guarantee. | | 1．充分认识京津冀协同发展国家战略的重大意义，增强人民法院司法服务和保障的责任感与使命感。京津冀协同发展，是一项重大国家战略，对于协调推进“四个全面”战略布局，实现“两个一百年”奋斗目标和中华民族伟大复兴的中国梦，具有重大现实意义和深远历史意义。为京津冀协同发展提供优质高效的司法服务和保障，是人民法院肩负的重大政治责任和光荣历史使命。京津冀三地法院要统一思想，提高认识，切实增强司法服务和保障的自觉性、主动性。 |
| 2. Accurately understanding the basic requirements of services and guarantee for the coordinated development of the Beijing-Tianjin-Hebei region, identifying the entry point, joint point, and focus. According to the goals, objectives, ideas and priorities determined in the Outline of the Plan for the Coordinated Development of Beijing-Tianjin-Hebei, and especially by centering on the dispersion of Beijing's non-capital function, the capital's core functions shall be optimized and enhanced, initiative breakthroughs in such three key areas as traffic integration, environmental protection, and industrial upgrading shall be promoted, the innovation-driven development shall be vigorously promoted, the relevant tasks of the coordinated development shall be promoted in a coordinated manner, institutional mechanism reform and other specific objectives shall be continuously deepened, the judicial function and role of people's courts shall be fully maximized, and various kinds of cases shall be appropriately tried and implemented according to the law, to provide effective judicial protection for the coordinated development of the Beijing-Tianjin-Hebei region. | | 2．准确把握服务和保障京津冀协同发展的基本要求，找准切入点、结合点、着力点。要按照《京津冀协同发展规划纲要》确定的目标、方向、思路和重点，特别是围绕有序疏解北京非首都功能，优化提升首都核心功能， 推动交通一体化、生态环境保护、产业升级转移三大重点领域率先取得突破，大力促进创新驱动发展，统筹推进协同发展相关任务，持续深化体制机制改革等具体目标，充分发挥人民法院审判职能作用，依法妥善审理、执行各类案件，为京津冀协同发展提供有力司法保障。 |
| 3. Actively adapting to the judicial requirements of the coordinated development of the Beijing-Tianjin-Hebei region and effectively enhancing the capacity, level, and effectiveness of judicial services and guarantee. The leadership of the Party shall be insisted on, the Party committees and governments of Beijing, Tianjin, and Hebei shall be closely relied on, and the diversified social disputes resolving mechanism shall be actively utilized, to jointly resolve conflicts, maintain stability, and promote development. Active judiciary and collaborative judiciary shall be insisted on, the judicial concept shall be innovated on, and the judicial system and mechanism adapting to the coordinated development of the Beijing-Tianjin-Hebei region shall be constantly reformed and improved. The overall awareness shall be enhanced, the work of people's courts shall be planned in the synergetic development, judicial problems involved in the coordinated development of the Beijing-Tianjin-Hebei region shall be pre-judged in advance, researched early, coped with in a timely manner, and appropriately handled, to strive to realize the organic unity of the legal effects and social effects. | | 3．积极适应京津冀协同发展的司法需求，切实增强司法服务和保障的能力、水平和实效。坚持党的领导，紧紧依靠京津冀党委、政府，积极运用社会纠纷多元化解机制，共同化解矛盾，维护稳定，促进发展。坚持能动司法、协同司法，创新司法理念，不断改革和完善适应京津冀协同发展的司法体制机制。增强大局意识，在协同发展中谋划人民法院工作，对京津冀协同发展中涉及到的司法问题，提前预判，早做研究，及时应对，妥善处理，努力实现法律效果与社会效果的有机统一。 |
| II. Performing the judicial functions of people's courts according to the law to promote the innovative, coordinated, green, open, and shareable development of the Beijing-Tianjin-Hebei region | | 二、依法履行人民法院审判职能，促进京津冀地区创新、协调、绿色、开放、共享发展 |
4. Punishing various offenders damaging social stability, economic development, financial security, and ecological protection in the Beijing-Tianjin-Hebei region according to the law. Offenders obstructing or destructing the construction undertaking of major projects of non-capital functions shall be punished according to the law, to ensure the smooth implementation of key construction projects; offenders destroying the market order, infringing upon intellectual property rights, embezzling enterprises' funds, and committing other economic crimes shall be punished according to the law, to guarantee industry transfer and upgrading; offenders illegally absorbing public deposits, committing fraudulent fund-raising, committing telecommunication fraud, manipulating the securities and futures market, and committing other crimes in the financial field shall be punished according to the law, to maintain the investment environment and the financial order; and offenders destroying resources and contaminating the environment, and committing the crime of dereliction of duty for environmental resources supervision shall be punished according to the law, to promote the green development of the Beijing-Tianjin-Hebei region.
．．．．．． | | 4．依法惩罚京津冀地区破坏社会稳定、经济发展、金融安全、生态保护的各种犯罪。依法惩罚阻挠破坏承接非首都功能重大项目建设的犯罪，确保重点建设项目的顺利开展；依法惩罚破坏市场秩序、侵犯知识产权和侵吞、挪用企业资金等经济犯罪，保障产业转移升级；依法惩罚非法吸收公众存款、集资诈骗、电信诈骗、操纵证券期货市场等金融领域犯罪，维护投资环境和金融秩序；依法惩罚破坏资源、污染环境犯罪和环境资源监管失职渎职犯罪，促进京津冀地区绿色发展。
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