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| Notice of the Supreme People's Court on Issuing the Six Provisions on Judicial Openness and Several Provisions on the People's Courts' Exposure to Public Supervision through Mass Media | | 最高人民法院印发《关于司法公开的六项规定》和《关于人民法院接受新闻媒体舆论监督的若干规定》的通知 |
(No. 58 [2009] of the Supreme People's Court) | |
（法发〔2009〕58号） |
The local people's courts at all levels throughout the country, military courts at all levels, intermediate and grassroots railway transportation courts, maritime courts, and courts of Xinjiang Production and Construction Corps at all levels, | |
全国地方各级人民法院、各级军事法院、各铁路运输中级法院和基层法院、各海事法院，新疆生产建设兵团各级法院： |
The Six Provisions of the Supreme People's Court on Judicial Openness and Several Provisions of the Supreme People's Court on the People's Courts' Exposure to Public Supervision through Mass Media, which have been approved by the Central Government, are hereby promulgated to you for your earnest implementation. Please timely report the major issues in the implementation to this Court. | |
最高人民法院《关于司法公开的六项规定》和最高人民法院《关于人民法院接受新闻媒体舆论监督的若干规定》已经中央批准，现印发给你们，请认真贯彻执行。贯彻执行中的重大事项，请及时报告我院。 |
December 8, 2009 | |
二○○九年十二月八日 |
Six Provisions of the Supreme People's Court on Judicial Openness | |
关于司法公开的六项规定 |
To further implement the constitutional principle of open trials, expand the coverage of judicial openness, broaden the channels of judicial openness, safeguard the people's rights to information, participation, expression and supervision of the work of the people's courts, protect the legitimate rights and interests of the parties, improve the level of judicial democracy, regulate the judicial acts, and promote the judicial impartiality, these Provisions are formulated in accordance with the relevant provisions of the procedural laws and in light of the actualities of the work of the people's courts under the principle of legal, timely and comprehensive openness. | |
为进一步落实公开审判的宪法原则，扩大司法公开范围，拓宽司法公开渠道，保障人民群众对人民法院工作的知情权、参与权、表达权和监督权，维护当事人的合法权益，提高司法民主水平，规范司法行为，促进司法公正，根据有关诉讼法的规定和人民法院的工作实际，按照依法公开、及时公开、全面公开的原则，制定本规定。 |
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| I. Openness of Case Filing | | 一、立案公开 |
The relevant information for case filing shall be disclosed to the parties through convenient and efficient ways. Such contents as the conditions for filing a case, case filing procedures, formats of legal documents, litigation costs, procedures for delayed, reduced or exempt payment of litigation costs, major rights and obligations of the parties, warnings of litigation and enforcement risks, and alternative dispute resolution methods other than litigation shall be disclosed to the public and the parties through appropriate forms. The people's courts shall timely inform the parties of the information on the acceptance of cases. If the people's court dismisses a case, it shall timely serve the ruling of dismissal, notice of dismissal of the retrial petition, ruling of rejection of the retrial petition or any other relevant legal documents on the parties according to law, give reasons and inform the parities of their litigation rights. | |
立案阶段的相关信息应当通过便捷、有效的方式向当事人公开。各类案件的立案条件、立案流程、法律文书样式、诉讼费用标准、缓减免交诉讼费程序、当事人重要权利义务、诉讼和执行风险提示以及可选择的诉讼外纠纷解决方式等内容，应当通过适当的形式向社会和当事人公开。人民法院应当及时将案件受理情况通知当事人。对于不予受理的，应当将不予受理裁定书、不予受理再审申请通知书、驳回再审申请裁定书等相关法律文件依法及时送达当事人，并说明理由，告知当事人诉讼权利。 |
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| II. Openness of Court Trials | | 二、庭审公开 |
The people's courts shall establish and improve rules of orderly opening and effective management for observing and reporting court trials, and eliminate the obstacles to the access to information and supervision by the public and the media. For cases to be heard openly according to law, the observers shall be subject to security check before entering the courtrooms to observe the hearings. Due to the limitation of the trial sites and other objective factors, the people's courts may, by issuing observer certificates, or by means of cam recording, live broadcasting, or rebroadcasting the trials or other ways, meet the needs of the public and the media to know the actualities of court trials. All evidence should be disclosed in the court proceedings, and should be confirmed in court when possible. The people's courts shall notify the witnesses and experts to take the stand, unless it is otherwise provided by the laws or judicial interpretations. The basic information of the sole judges, members of a collegial panel, and members of a judicial committee shall be disclosed, and the parties shall be entitled to apply for withdrawal. The extension of the time limit for the trial of cases shall be notified to the parties. For cases to be heard openly or not, the people's courts shall openly announce the judgments in court or through other public ways. | |
建立健全有序开放、有效管理的旁听和报道庭审的规则，消除公众和媒体知情监督的障碍。依法公开审理的案件，旁听人员应当经过安全检查进入法庭旁听。因审判场所等客观因素所限，人民法院可以发放旁听证或者通过庭审视频、直播录播等方式满足公众和媒体了解庭审实况的需要。所有证据应当在法庭上公开，能够当庭认证的，应当当庭认证。除法律、司法解释规定可以不出庭的情形外，人民法院应当通知证人、鉴定人出庭作证。独任审判员、合议庭成员、审判委员会委员的基本情况应当公开，当事人依法有权申请回避。案件延长审限的情况应当告知当事人。人民法院对公开审理或者不公开审理的案件，一律在法庭内或者通过其他公开的方式公开宣告判决。 |
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| III. Enforcement Openness | | 三、执行公开 |
The basis, standards, norms, procedures and the whole process of enforcement should be disclosed to the public and the parties, unless state secrets, commercial secrets, personal privacy and other information prohibited from disclosure by law are involved. The people's courts shall further improve and perfect the enforcement information inquiry system, expand the scope of inquiry, and facilitate the inquiry of the information on enforcement cases by the parties. After taking such enforcement measures as sealing up, detention, freezing, and transfer, the people's courts shall promptly inform both parties of the measures taken. The processes and results of selecting the institutions of appraisal, evaluation and auction by the people's courts shall be disclosed to the parties. The collection and granting of enforcement money, processes and results of keeping, assessment, auction, and selling out of enforcement subject matters, and other key links and major issues shall be timely notified to the parties. The major progress in enforcement shall be notified to the parties and the interested persons. | |
执行的依据、标准、规范、程序以及执行全过程应当向社会和当事人公开，但涉及国家秘密、商业秘密、个人隐私等法律禁止公开的信息除外。进一步健全和完善执行信息查询系统，扩大查询范围，为当事人查询执行案件信息提供方便。人民法院采取查封、扣押、冻结、划拨等执行措施后应及时告知双方当事人。人民法院选择鉴定、评估、拍卖等机构的过程和结果向当事人公开。执行款项的收取发放、执行标的物的保管、评估、拍卖、变卖的程序和结果等重点环节和重点事项应当及时告知当事人。执行中的重大进展应当通知当事人和利害关系人。 |
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| IV. Hearing Openness | | 四、听证公开 |
Where the people's courts hold hearings for the cases beyond the court trial procedures which relate to major rights and interests of the parties or non-parties, the hearings shall be held openly. Where the people's courts hold public hearings for cases of retrial petitions, difficult cases about complaints by letters and visits involving laws or lawsuits, judicial compensation cases, cases of enforcement objections, cases of commutation and parole of defendants of cases about job-related crimes and cases with significant impacts, they shall release the announcements of hearings to the public. The scope, methods, procedures, etc. of the openness of hearings shall be governed analogically by the relevant provisions on openness of court trials.
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人民法院对开庭审理程序之外的涉及当事人或者案外人重大权益的案件实行听证的，应当公开进行。人民法院对申请再审案件、涉法涉诉信访疑难案件、司法赔偿案件、执行异议案件以及对职务犯罪案件和有重大影响案件被告人的减刑、假释案件等，按照有关规定实行公开听证的，应当向社会发布听证公告。听证公开的范围、方式、程序等参照庭审公开的有关规定。
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