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| Opinions of the Supreme People's Court on Implementing the Spirit of the Fourth Plenary Session of the 19th CPC Central Committee to Advance the Modernization of Trial System and Trial Capability | | 最高人民法院关于人民法院贯彻落实党的十九届四中全会精神推进审判体系和审判能力现代化的意见 |
| For the purposes of further learning and implementing Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, comprehensively following the guiding principle of the Fourth Plenary Session of the 19th CPC Central Committee, revolving around the efforts to uphold and improve the socialist system with Chinese characteristics and to advance the modernization of governance system and capability in our country, maximizing the functional role of the people's courts, accelerating the modernization of trial system and trial capability, and striving to translate China's institutional strengths into governance efficiency, these opinions are hereby offered as follows according to the actual working conditions. | | 为深入学习贯彻习近平新时代中国特色社会主义思想，全面贯彻落实党的十九届四中全会精神，围绕坚持和完善中国特色社会主义制度、推进国家治理体系和治理能力现代化，充分发挥人民法院职能作用，加快推进审判体系和审判能力现代化，推动把我国制度优势更好转化为国家治理效能，结合工作实际，制定如下意见。 |
| I. Effectively heightening the sense of responsibility and mission of the people's courts in implementing the spirit of the Fourth Plenary Session of the 19th CPC Central Committee to advance the modernization of trial system and trial capability | | 一、切实增强人民法院贯彻落实党的十九届四中全会精神、推进审判体系和审判能力现代化的责任感和使命感 |
| The Fourth Plenary Session of the 19th CPC Central Committee conducted a special study on the issues of upholding and improving the socialist system with Chinese characteristics and advancing the modernization of governance system and capability in our country, which concretely manifests the strategic vision and historic task of the CPC Central Committee with General Secretary Xi Jinping at its core, and is of critical significance in building a moderately prosperous society and a modern socialist country in all respects, consolidating the ruling position of the Party, and ensuring long-term and stable development of the country. Socialist rule of law in China serves as the most fundamental and reliable guarantee for governance by institutions, and provides a strong support for state governance system and capability. As an integral part of the modernization of state governance system and capability, the modernization of trial system and trial capability is an effective approach to develop an impartial, efficient and reliable socialist judicial system, and is indispensable in providing strong judicial services and safeguards for economic and social development. The people's courts at all levels shall persistently pursue Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era as guidance, further implement the spirit of the Fourth Plenary Session of the 19th CPC Central Committee, heighten the “awareness of maintaining political integrity, thinking in big-picture terms, keeping the CPC as the core of leadership, and acting consistently with the policies of the CPC Central Committee”, have confidence in “our path, guiding theories, political system and culture”, and resolutely “defend the status of General Secretary Xi Jinping as the core of the CPC Central Committee and the whole Party and defend the authority and leadership of the CPC Central Committee”. The people's courts shall uphold the Party's absolute leadership in judicial work, remain committed to the socialist rule of law with Chinese characteristics, continue to seek momentum by deepening the reform of judicature, depend on the establishment of smart courts, and strengthen organizational structure with a team of legal professionals. With the aim of “making the public feel the fairness and justice in each and every case”, the people's courts shall work faster to promote the modernization of trial system and trial capability, improve and stabilize the socialist judicial system with Chinese characteristics, refine the legal guarantee system for maintaining social fairness and justice, and enable the rule of law to play a more effective role in the modernization of governance system and capability. Furthermore, efforts shall be made to provide strong judicial services to ensure that the “two centenary goals” can be accomplished and the Chinese dream of national rejuvenation can be realized. | | 党的十九届四中全会专题研究坚持和完善中国特色社会主义制度、推进国家治理体系和治理能力现代化问题，充分体现了以习近平同志为核心的党中央高瞻远瞩的战略眼光和强烈的历史担当，对决胜全面建成小康社会、全面建设社会主义现代化国家，对巩固党的执政地位、确保党和国家长治久安，具有重大而深远的意义。我国社会主义法治是制度之治最基本最稳定最可靠的保障，是国家治理体系和治理能力的重要依托。审判体系和审判能力现代化是国家治理体系和治理能力现代化的重要组成部分，是加快建设公正高效权威的社会主义司法制度的有效途径，是为经济社会发展提供有力司法服务和保障的必然要求。各级人民法院要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届四中全会精神，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，坚持中国特色社会主义法治道路，坚持以深化司法体制改革为动力、以全面建设智慧法院为依托、以建设过硬队伍为组织保障，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，加快推进审判体系和审判能力现代化，推动中国特色社会主义司法制度更加成熟更加定型，健全社会公平正义法治保障制度，提升法治促进治理体系和治理能力现代化的效能，努力为坚持和完善中国特色社会主义制度、推进国家治理体系和治理能力现代化，实现“两个一百年”奋斗目标、实现中华民族伟大复兴的中国梦提供有力司法服务和保障。 |
| II. Standing firm to the absolute leadership of the Party in judicial work and the socialist rule of law with Chinese characteristics | | 二、牢牢坚持党对司法工作的绝对领导，坚定不移走中国特色社会主义法治道路 |
| The people's courts shall unswervingly pursue theoretical study. Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era shall be always kept in mind and use it for guiding practices and promoting works. The cultivation of political integrity among Party members shall be put in the first place. One of the ever-lasting tasks that all people's courts and all court officers should bear in mind is to “remain true to the founding mission of the Party” so as to study the possibility of creating an effective, long-term mechanism, and prepare themselves in political awareness of loyalty, integrity and responsibility. The people's courts shall strictly implement the systems and mechanisms of maintaining the authority and integrated and unified leadership of the CPC Central Committee, and provide rotational trainings to court officers on heightening the “awareness of maintaining political integrity, thinking in big-picture terms, keeping the CPC as the core of leadership, and acting consistently with the policies of the CPC Central Committee”, having confidence in “our path, guiding theories, political system and culture”, and resolutely “defending the status of General Secretary Xi Jinping as the core of the CPC Central Committee and the whole Party and defending the authority and leadership of the CPC Central Committee”. Meanwhile, they shall voluntarily keep in line with the CPC Central Committee with General Secretary Xi Jinping at its core, not only theoretically and politically, but in real action; and take firm steps to uphold the status of Xi Jinping as the core of the CPC Central Committee and the party as a whole. Efforts shall be made to improve and implement the systems and mechanisms of putting the Party in the leading position in all respects, and strictly fulfill the Regulation of the Communist Party of China on the Political and Legal Work, according to which the leadership of the Party will be put into practice in every corner of a people's court, and all people's courts will exercise their judicial power in an independent and impartial manner under the leadership of the Party. The mechanism of fulfilling the decisions made by the CPC Central Committee shall be improved, the system of reporting major issues to the CPC Central Committee for instructions shall be stringently implemented, and the system of reporting the rectification and supervision of political inspection and judicial circuit inspection shall be strengthened so as to ensure that policies can be effective and binding on judicial practices. The people's courts shall follow the organizational leadership and guideline of the Party in the new era, improve the systems and mechanisms by which court officers are administered, selected and assessed by the Party, and build a revolutionized, regularized, specialized and professionalized team of legal professionals in accordance with the requirements for political integrity, excellent performance, responsible attitude, good discipline and work style. | | 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。坚持把党的政治建设摆在首位。坚持把“不忘初心、牢记使命”作为加强人民法院党的建设的永恒课题和广大干警的终身课题，研究形成切实可行的长效机制，锤炼忠诚干净担当的政治品格。严格落实坚定维护党中央权威和集中统一领导制度机制，扎实开展政治轮训，教育引导干警不断增强“四个意识”、坚定“四个自信”、做到“两个维护”，自觉在思想上政治上行动上同以习近平同志为核心的党中央保持高度一致，坚决把维护习近平总书记党中央的核心、全党的核心地位落到实处。健全落实党的全面领导制度机制，严格执行《中国共产党政法工作条例》，切实把党的领导落实到人民法院工作各领域各方面各环节，确保在党的领导下依法独立公正行使审判权。完善党中央重大决策落实机制，严格执行向党中央请示报告制度，强化政治巡视和司法巡查整改、督察落实情况报告制度，确保政令畅通、令行禁止。坚持新时代党的组织路线，健全人民法院党管干部、选贤任能制度机制，按照政治过硬、业务过硬、责任过硬、纪律过硬、作风过硬要求，建设革命化、正规化、专业化、职业化的人民法院队伍。 |
| III. Insisting on people centricity, and respecting the people's will and protecting their rights and interests in judicial work | | 三、坚持人民主体地位，在司法工作中充分体现人民意志、保障人民权益 |
The people's courts shall persistently adhere to the system of people's congress, voluntarily work under the supervision of people's congresses and their standing committees, report the work of trials and enforcements to them according to the law and under legal procedures, and take effective measures to implement their decisions and resolutions. If there is any new circumstance during the work of trial or enforcement, which requires the clarification of the basis for the application of laws, the Supreme People's Court shall file a request to the National People's Congress for legal interpretation or make a proposal for developing or amending the relevant laws. If, during the judicial reform, it is necessary to adjust the application of the relevant laws, the pilot application shall not proceed until the authorization of the National People's Congress. Judicial interpretations issued by the Supreme People's Court shall be submitted to the National People's Congress for recordation under statutory procedures in a timely manner. The people's courts shall place themselves under the supervision of people's congresses, the general public and all sectors of the society, improve the mechanism of contacting deputies to people's congresses, strengthen the mechanism of handling suggestions made by deputies to people's congresses and proposals by members of political consultative conferences, and optimize the mechanism of communicating with political parties, federations of industry and commerce, and personages without party affiliation. The Law on People's Assessors and its supporting judicial interpretations and normative documents shall be implemented, and the appointment, participation, training, management and publicity work of people's assessors shall be properly arranged so as to ensure that the general public can participate in judicial activities in an orderly manner and judicial fairness can be promoted. Illegal and criminal acts that disrupt elections in accordance with the law, properly try cases that infringe on votors' qualifications, and protect citizens' right to vote and the right to stand for election.
．．．．．． | | 始终坚持人民代表大会制度，自觉接受人大及其常委会监督，依法依程序向人大及其常委会报告审判执行工作，有效执行人大及其常委会决定、决议。审判执行工作中出现新情况，需要明确适用法律依据的，由最高人民法院向全国人大常委会提出法律解释的建议或者制定、修改有关法律的议案。在司法改革过程中，需要调整适用有关法律的，必须经全国人大常委会依法授权才能开展试点。最高人民法院发布的司法解释，应当及时按程序报全国人大常委会备案。自觉接受人大监督、民主监督和各方面监督，健全代表委员联络机制，完善人大代表建议、政协委员提案办理工作机制，优化与民主党派、工商联、无党派人士沟通联络机制。贯彻落实人民陪审员法及其配套司法解释和规范性文件，切实做好人民陪审员选任、参审、培训、管理、宣传等工作，保障人民群众有序参与司法，促进司法公正。依法惩治破坏选举的违法犯罪行为，妥善审理侵犯选民资格案件，保护公民选举权和被选举权。
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