|
|
|
|
|
|
|
| | |
Circular of the Supreme People's Court on Intensifying the Formulation of Civil Ruling Documents | | 最高人民法院关于加强民事裁判文书制作工作的通知 |
(No. 145 [2006] of the Supreme People's Court June 27, 2006) | | (2006年6月27日 法[2006]145号) |
The Higher People's Courts of all provinces, autonomous regions, and municipalities directly under the Central Government, the Military Court of the People's Liberation Army and the Production and Construction Army Corps Branch of the Higher People's Court of Sinkiang 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: |
In recent years, with the incessant furthering reform of the civil trial system, the people's courts at all levels have actively explored how to reform the civil ruling documents so that the formulation of civil ruling documents is intensified and the overall level of document formulation will be significantly elevated, yet several problems remain unsettled. Some ruling documents merely enumerate evidences and thus fail to completely illustrate the case facts; some ruling documents provide aimless argument and thus fail to analyze by centering on the focus of disputes; some ruling documents involve a wrong application of law and carry misspellings and serious inferior mistakes, thereby have injured the image and authority of ruling documents with regard to their function as a carrier to record the trial and present fair justice to the general public. In order to further elevate the quality of civil ruling documents, promote the reform of civil ruling documents in a positive and stable manner, intensify the function of civil ruling documents in legal reasoning as well as standardize the formulation of civil ruling documents, we particularly notify the relevant issues as follows: | | 近年来,随着民事审判方式改革的不断深化,各级人民法院积极探索民事裁判文书的改革,民事裁判文书制作工作得到加强,文书制作水平总体上有较大提高,但是仍然存在不少问题。有的裁判文书简单罗列证据,没有完整叙述案件事实;有的裁判文书说理缺乏针对性,没有围绕诉争焦点展开;有的裁判文书引用法条错误、错漏字很多,存在严重的低级错误,损害了裁判文书作为记录裁判过程、展示司法公正载体的形象和权威性。为了进一步提高民事裁判文书的质量,积极稳妥地推进民事裁判文书改革步伐,加强民事裁判文书的辨法析理作用,规范民事裁判文书的制作,特作如下通知: |
| |
|
1.We should, in strict accordance with the principles and requirements of the Guidelines of the 5-year Reform of the People's Court, intensify the formulation of civil ruling documents. The people's courts at all levels shall, on the basis of the format of the Civil Ruling Documentation (1992) and according to the characteristics of civil cases, actively explore into the reform of civil ruling documents. We should guarantee that the reform is conducted by upholding the principles of seriousness and uniformity of state legal documents and shall not recklessly alter the basic framework of civil ruling documents. We should emphasize the openness and integrity of case facts, the logic in the confirmation of evidences, the reasoning in case trial as well as the accurateness of wording, give prominence to the argumentation of key disputed evidences as well as the legal reasoning for the litigation claims of the parties concerned. We should handle the cases on a case-by-case basis and put appropriate focuses thereon. As to any content hard to be expressed in words, it may be rendered by means of attached drawings and tables. Any content involving personal privacy or commercial secret that is not proper to be directly publicized may be rendered in such forms as attachment, which shall only be served on the parties concerned rather than the general public. ...... | | 一、要严格按照《人民法院五年改革纲要》的原则要求,加强民事裁判文书的制作工作。各级人民法院要在1992年民事裁判文书样式的基础上,根据民事案件的特点,积极探索民事裁判文书的改革。要保证改革在保持国家法律文书的严肃性和统一性原则下进行,对民事裁判文书的基本框架不应随意变动。要强调案件事实的公开性和完整性、证据认定的逻辑性、判案理由的说理性以及文字语言的准确性,突出对重点争议证据的认证说理以及对当事人诉讼请求的辨法析理;要根据案件的具体情况区别对待,做到简繁得当;对于难以通过文字表述的内容,可以通过附图、附表等适当方式予以表达;对于涉及个人隐私、商业秘密等不宜直接公开的内容,可以采用附件等形式予以表述,附件只送达当事人,对外不得公开。 ...... |
| Dear visitor, as a premium member of this database, you will get complete access to all content.Please go premium and get more.
1. To become a premium member, please call 400-810-8266 Ext. 171.
2. Binding to the account with access to this database.
3. Apply for a trial account.
4. To get instant access to a document, you can Pay Amount 【¥200.00】 for your single purchase. | | 您好:您现在要进入的是北大法宝英文库会员专区。 如您是我们英文用户可直接 登录,进入会员专区查询您所需要的信息;如您还不是我们 的英文用户;您可通过网上支付进行单篇购买,支付成功后即可立即查看本篇内容。 Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153 Mobile: +86 13311570713 Fax: +86 (10) 82668268 E-mail:info@chinalawinfo.com |
| | | | | |
|
Scan QR Code and Read on Mobile
|
|
|
Message: Please kindly comment on the present translation.
|
|
|
|
|
|
Translations are by lawinfochina.com, and we retain exclusive copyright over content
found on our website except for content we publish as authorized by respective copyright
owners or content that is publicly available from government sources.
Due to differences in language, legal systems, and culture, English translations
of Chinese law are for reference purposes only. Please use the official Chinese-language
versions as the final authority. Lawinfochina.com and its staff will not be directly
or indirectly liable for use of materials found on this website.
We welcome your comments and suggestions, which assist us in continuing to improve
the quality of our materials as we dynamically expand content.
|
|
|
|
|
|