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Guiding Opinions of the Supreme People's Court concerning Implementing the 23 Measures for “Justice for the People” [Effective]
最高人民法院关于印发《关于落实23项司法为民具体措施的指导意见》的通知 [现行有效]
【法宝引证码】

 
Guiding Opinions of the Supreme People's Court concerning Implementing the 23 Measures for “Justice for the People” 

最高人民法院关于印发《关于落实23项司法为民具体措施的指导意见》的通知


(December 2, 2003)
 
(法发[2003]20号 2003年12月2日)


In the August of this year, the Supreme People's Court put forward 23 measures for “Justice for the People” at the symposium of chief justices of the Higher People's Courts all over the country. After the symposium, the people's courts at all levels of the country, in close combination with the reality, and with a view to solving problems of major focus and hotspots of the mass people, and solving problems found out in the judicial scrutiny, have formulated specific measures of their own courts for implementing the specific measures for “Justice for the People”, and trying hard to solve the actual problems for the mass people in a down-to-earth manner. The emphasis of “Justice for the People” is laid on “justice”, and the essence thereof is “for the people”. In order to further enrich and develop the thought of “Justice for the People” in judicial practices, accurately master the inner connections between “justice” and “for the people”, balance the relations between strict justice and civilized justice, and balance the relations between earnestly implementing the laws embodying the fundamental interests of the vast people and meeting the lawful requirements of the litigants, so as to ensure the overall effect of the 23 measures for “Justice for the People”, the Supreme People's Court hereby formulates the “Guiding Opinions concerning Implementing the 23 Measures for “Justice for the People”. Please carry them through in combination with the local reality. In case of any experiences summarized or problems encountered in the process of implementation, please inform the General Office of the Supreme People's Court in good time.
 
各省、自治区、直辖市高级人民法院,解放军军事法院,新疆维吾儿自治区高级人民法院生产建设兵团分院:
今年8月,最高人民法院在全国高级法院院长座谈会上提出了23项司法为民具体措施后,全国各级人民法院紧密结合实际,针对人民群众反映强烈的焦点、热点问题,针对司法大检查中查摆出来的问题,制定本院落实司法为民,扎扎实实为人民群众办实事的具体措施。司法为民重点在“司法”,本质在“为民”,为了在司法实践中进一步丰富和发展司法为民的思想,正确把握司法与为民的内在联系,处理好严格司法与文明司法的关系,处理好认真贯彻执行体现最广大人民根本利益的法律与依法满足诉讼当事人的合法要求的关系,确保23项司法为民具体措施施行的整体效果,最高人民法院制订了《关于落实23项司法为民具体措施的指导意见》,请结合本地实际情况贯彻执行。在实施过程中有什么经验和问题,请及时报告最高人民法院办公厅。
关于落实23项司法为民具体措施的指导意见

 
I. Earnestly doing the work of receiving complaint letters, visits and appeals of the masses, and giving reply to the mass people concerning their appeal and complaint letters and visits within prescribed time limit   一、认真做好群众来信来访和申诉接访工作,限时回复人民群众申诉来信来访

The people's courts at all levels shall improve steadily the understanding of the staff handling the complaint letters and visits of the significance of the work of receiving complaint letters and visits, and do well the work of handling the appeals and complaint letters and visits of the masses. Efforts shall be made to ensure that the visitors are interviewed and answered, the complaint letters are replied, conclusions are made to the appeals, so as to safeguard the litigation rights of the mass people according to law.
 
各级人民法院要不断提高办信接访人员对信访工作重要性的认识,做好群众申诉来信来访工作。做到来访有人接谈、来信有回音、申诉有结果,确保人民群众依法行使诉讼权利。

All the complaint letters and visits shall be recorded, and archives shall be established for them. The records and archives may also be brought into computers for management in case conditions are mature in a court for the convenience of registration, classification and consultation. For non-litigation complaint letters and visits, the people's courts shall, according to the sort of problems reflected and the departments for handling them, and pursuant to the principle of administration through specialized department, notify the parties to reflect to the relevant departments. The litigation letters and visits shall be handled according to the provisions of the Supreme People's Court in “Several Opinions on Regulation of Filing a Case for Retrial of the People's Courts(for Trial Implementation)", in light of the principle of level-to-level administration. Where a case meets the requirements for filing, it shall be filed for investigation and prosecution, and the person writing the letters or the visitor shall be notified to wait for the result of settlement. Where a case meets the requirements for filing, but lacks documents of appeal or legal documents, the people's court shall notify the person writing the letter or the visitor to supplement the documents required. Where a case does not meet the requirements for filing, the parties shall be notified that the case shall not be filed.
 
来信、来访全部登记、建档,有条件的法院应将来信及来访纳入计算机管理,以便于登记、分类和查询。对于非诉讼信件及来访,根据所反映问题的类别及其主管机关,按照归口管理的原则,告知当事人向有关部门反映。对于诉讼来信、来访,根据最高人民法院《关于规范人民法院再审立案的若干意见(试行)》的规定,按照分级负责管理的原则办理。符合立案条件的,予以立案审查,并告知来信、来访人等待处理结果;虽然符合立案条件,但缺少申诉材料或法律文书的,应告知来信、来访人需补齐的材料;不符合立案条件的,告知当事人不予立案。

In case problems reflected in the complaint letters or by visitors need to be solved in time, the people's courts shall, within 3 days upon transferring the letters or receiving the visitors, give a reply to or notify the parties. For the ordinary complaint letters or visits, the people's courts shall, within 10 days upon transferring the letters or receiving the visitors, give a reply to or notify the parties. The people's courts at lower levels shall earnestly implement the reply of the people's courts at higher levels to the complaint letters and visits of the parties, no buckpassing or paltering shall be permitted.
 
对于来信、来访所反映的问题需要及时解决的,应在转处信件或接访的三日内,回复或告知当事人。对于一般来信、来访,应在转处信件或接访的十日内,回复或告知当事人。下级人民法院应当认真处理上级人民法院关于当事人来信来访的答复,不得推诿或敷衍了事。

 
II. Digested report shall be made for the complaint letters, visits and appeals, so as to reflect and solve the problems of major focus and hotspots of the masses in time   二、对来信来访和申诉进行摘报,及时反映和解决群众关注的焦点热点问题

The work of digested report is an important part of the work for handling appeals and complaint letters and visits. The working staff handling the complaint letters and visits in the people's courts of all levels shall report the major and emergent complaint letters and visits in time, so as to prevent the conflicts from becoming intensified and safeguard the lawful rights and interests of the masses.
 
摘报工作是申诉信访工作的重要环节。各级人民法院信访工作人员要及时反映重大、紧急来信来访,防止矛盾激化,切实维护群众合法权益。

The contents of the digested report shall include: problems reflected in the non-litigation complaint letters or visits concerning the violation of laws or relevant provisions by the relevant organizations or departments, which are grave or strongly complained about; problems reflected in the litigation letters or visits concerning the leaders of the courts and the justices' wrongful acts out of personal considerations or commitment of fraudulent acts or making judgment by perverting the law; and other representative problems of major focus and hotspots. The digested report shall specify the true name of the person writing the letter, the specific contents of the letter, and the accurate address thereof.
 
摘报的内容包括:非诉讼来信、来访涉及有关组织、部门违反法律或者有关规定,问题较严重或者反映较强烈的;诉讼来信、来访涉及法院领导、法官徇私舞弊、枉法裁判的;其他有代表性的焦点和热点问题。摘报应当有真实的来信人姓名、有具体的来信内容、有准确的来信地址。

The text of digested report shall be sent to the leaders of the corresponding courts in time, and may be transferred to the relevant organizations or departments according to the circumstances after approval, or reported to the upper level courts level-by-level and be circulated to the relevant courts. The problems reflected in the digested report shall be investigated into and solved in time. The progress of handling the problems or cases shall be followed up in time. For problems or cases for which leaders have made written instructions or comments for investigation and report of the conclusions, they shall be reported to the leaders in time, and the conclusions may also be notified to the parties if necessary.
 
摘报件要及时报送本院领导,根据情况,可批转有关组织、部门或者层报上级法院并通报有关法院。要及时查处和解决摘报反映的问题。及时了解问题或案件处理的进展情况。对领导批示查报结果的问题或案件,要及时向领导汇报,必要时,可将结果回复当事人。

 
III. Strengthening the hardware construction of the places for receiving complaint visits, and improving the conditions thereof   三、加强接访场所的硬件建设,改善接访条件

Strengthening the hardware construction of the places for receiving complaint visits is part of the overall construction of the people's courts, which serves the mass people directly, and is convenient for and beneficial to the people, as well as embodies the judicial civilization. The people's courts at all levels shall receive the complainants or visitors at the special places, and may even construct reception room for handling complaint letters and visits in case conditions are mature in a court. There the corresponding stationery and desks and chairs shall be provided for the use of the masses filing an appeal or visiting, and other auxiliary facilities shall also be provided with, including the toilets and drinking equipments, etc., which embody the humane solicitude of judicial activities. Constant safety inspection on the reception place shall be strengthened. If conditions permit, a court may also use such equipment as safety inspection, explosion prevention, and monitoring, etc., so as to safeguard the safety of the reception place and personnel, and ensure that the reception work may go on smoothly.
 
加强接访场所的硬件建设,是人民法院整体建设的组成部分,直接服务于人民群众,便民、利民,体现司法文明。各级人民法院接待申诉来访应当在专门的场所进行,有条件的法院可以建造信访接待室。接待场所内应备有相应文具、桌椅供申诉来访群众使用,并应具备其他必须具备的附属设施,如洗手间、饮水设备等,体现司法活动的人文关怀。接访场所要经常加强安全检查,有条件的法院可以使用安检、防爆、监控等设备,保障接访场所及人员安全,保证接访工作顺利进行。

 
IV. Examining the petition for appeal and retrial according to law in time and filing the cases meeting the requirements in time   四、依法及时审查申诉和再审请求,符合立案条件的及时立案

The people's courts at all levels shall examine the petition for appeal and retrial according to law in time and filing the case meeting the requirements, so as to safeguard the litigation rights of the parties, further regulate the working procedures for handling the appeal cases.
 
各级人民法院要依法及时审查申诉和再审请求,符合立案条件的及时立案,以保障当事人的诉讼权利,进一步规范办理申诉案件的工作程序。

The cases of appeal and application for retrial by the parties shall include: the final judgment of the corresponding courts meeting the requirements for filing the case for retrial; cases which are overruled after rechecking by the lower level courts or to which the original sentences are changed after retrial, and which meet the requirements for being filed for retrial; and cases which the corresponding courts believed should be retried by them. For cases not to be filed for retrial according to law, the courts shall explain the reasons fully to the parties, and have the work for stopping litigation of the parties done properly.
 
当事人申诉和申请再审案件的范围:本院作出的终审裁判,符合再审立案条件的;下一级法院复查驳回或者再审改判,符合再审立案条件的;本院认为应由本院再审的。依法不予再审立案的,应充分说明理由,妥善做好当事人息诉工作。

The organs and procedures for handling the appeal and application for retrial of the parties shall include: organs for accepting appeals and applications for retrial of the parties subject to the departments of receiving complaint letters and visits of the courts for filing the cases. Where the parties submit the documents of appeal and of application for retrial directly, the staff meeting and talking with the parties shall transfer the documents to the registration departments for filing cases in time to file the cases after receiving the documents and examining their conformity with the preceding provisions. Where the parties mail the documents of appeal and of application for retrial, which are in conformity with the preceding provisions after being examined by the staff handling the letters, the staff shall, after keeping the documents, transfer them to the registration departments for filing cases to file the cases in time. In case the documents are not in conformity with the preceding provisions, the staff shall inform the parties by letter of reply according to the different circumstances. The registration departments for filing cases shall, after receiving the documents of appeal and application for retrial as transferred by the department of receiving complaint letters and visits, register and file them within prescribed time limit, and transfer them to the relevant trial courts or courts for putting the case on the file according to law, and decides on whether the cases shall be entered into retrial procedures, and then notify the appealers.
 
办理当事人申诉和申请再审的机构及程序:立案庭信访部门为受理当事人申诉和申请再审的机构。当事人直接递交申诉和申请再审材料,接谈人员经审查符合前述规定,应在收取材料后及时转立案登记部门予以立案。当事人邮寄申诉和申请再审材料,办信人员经审查符合前述规定,应在留取材料后及时转立案登记部门予以立案;经审查不符合前述规定的,应区分不同情况及时函复告知当事人。立案登记部门收到信访部门转来的申诉和申请再审材料,应当按照规定时间登记立案,及时转交相关审判庭或立案庭依法审查,决定案件是否进入再审程序,并告知申诉人。

 
V. The people's courts at all levels shall clean up the cases fail to be settled in time   五、各级人民法院要及时清理未审结的案件

The people's courts at all levels shall find out the reasons for cases unsettled, and attach high importance to cases unsettled seriously exceeding legally prescribed time limit for trial. The personnel handling cases shall be organized to nail down the time limit for ending a case, and various effective measures shall be taken to clean up the cases fail to be settled. In this process, the judges undertaking the handling of cases shall be examined and urged constantly to end the cases within the prescribed time limit, and complete the cleaning-up of the cases unsettled, so as to put an end to such phenomenon of “occurrence of new overdue cases in the process of cleaning up old ones”. The administrative systems of time limit for concluding a trial shall be further improved and perfected, no cases shall be handled in violation of laws or legal procedures.
 
各级人民法院应当查明积案原因,对严重超审限的案件予以高度重视。要组织办案人员,明确结案时间,采取各种有效措施清理积案。在清理积案的过程中,要经常检查、督促案件承办法官在规定的期限内结案,按时完成积案清理任务,杜绝边清边超等现象。进一步健全和完善审限管理制度,不能违法办案,不能违反法定程序办案。

 
VI. Establishing and improving the mechanism of separating the complex civil cases from the simple ones so as to alleviate the litigation burden of the masses involved in the cases   六、建立和完善民事案件繁简分流机制,减轻涉诉群众讼累

The people's courts at all levels shall implement strictly the “Several Provisions on Application of Summary Procedures in the Trial of Civil Cases” of the Supreme People's Court, and try civil cases efficiently and quickly according to law so as to improve the efficiency of litigation. The simple civil cases shall be ruled quickly through application of simple procedures so as to alleviate the litigation burden of the masses involved in the litigation. The operational rules for summary procedure shall be regulated for the convenience of litigation of the parties. And the litigation rights of the parties shall be fully protected. The rights to choose the procedures of the parties shall be respected to fully embody the principle of litigation democracy and autonomy of the parties' will. And the judicial sources shall be reasonably allocated, and the judicial efficiency shall be improved completely so as to establish and improve a judicial circulating mechanism of justice and high efficiency.
 
各级人民法院要严格执行最高人民法院《关于适用简易程序审理民事案件的若干规定》,依法高效、快捷地审理民事案件,提高诉讼效率。对简单的民事案件适用简易程序速裁,减轻涉诉群众的讼累。要规范简易程序的操作规程,方便当事人诉讼,充分保护当事人的诉讼权利。要尊重当事人的程序选择权,充分体现诉讼民主和当事人意思自治的原则,合理配置司法资源,全面提高司法效率,建立和完善公正高效的审判运行机制。

 
VII. Regulating the litigation mediation of the courts, and improving the efficiency and quality of litigation   七、规范法院诉讼调解工作,提高诉讼效率与质量

The people's courts at all levels shall further improve and regulate the litigation mediation procedures, bring into full play the advantages of settling disputes through mediation, and earnestly safeguard the litigation rights of the parties. The courts shall create favorable environments for the mediation of the parties by providing a proper place. The principles for litigation mediation shall be at the parties' will, no compulsive mediation may be permitted, no mediation shall be held down by judgments, and no cases shall be put off by mediation. The mediation shall be made strictly in accordance with the procedures as prescribed by laws, and the contents of the mediation agreements shall be legal, without violating the prohibitive provisions of laws or administrative regulations, or impairing the interests of the state, public interests or legal rights and interests of other people. The mediation may be carried out in any process of the civil litigation, and the court may not reject the legitimate petition of the parties for mediation with the excuse of separation of mediation with the judgment. The people's courts may invite people's juries and other organizations or personnel with special knowledge or special social experiences, who may be helpful to the mediation to assist in the mediation work. Where the mediation agreements made by the parties exceed the scope of litigation petition, the people's courts may make the mediation statement according to the contents of the mediation agreements after examination, under the conditions that the agreements don't violate the prohibitive provisions of laws and administrative regulations, and don't impair the interests of the state, public interest or the legal rights and interests of other people.
 
各级人民法院要进一步健全和规范诉讼调解程序,充分发挥调解解决纠纷的优势,切实保障当事人的诉讼权利。法院应当提供适当的场所为当事人调解创造良好环境。诉讼调解以当事人自愿为原则,不得强制调解,不得以判压调,也不得以调解拖延办案。诉讼调解应当严格按照法律规定的程序进行,调解协议内容应当合法,不得违反法律、行政法规的禁止性规定,不得侵害国家、社会公共利益或者他人的合法权益。民事诉讼过程中,调解可以在任何一个阶段进行,法院不得以调审分离拒绝当事人进行调解的正当请求。人民法院可以邀请人民陪审员以及其他具有专门知识或者特定社会经验,有利于调解的组织或者人员协助调解工作。当事人达成的调解协议,超出当事人诉讼请求范围的,只要不违反法律、行政法规的禁止性规定,不侵害国家、社会公共利益或者他人合法权益,人民法院审查后可以依据调解协议内容制作调解书。

 
VIII. Pushing forward the convenience construction for the people by the people's courts, trying cases with respect to the rights and interests of the consumers and tourists by way of handling cases through circuit courts.
......
   八、推进人民法庭便民建设,通过巡回流动办案等方式审理涉及消费者、旅游者权益等案件
......

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