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| Notice by the Supreme People's Court of Issuing the Implementation Opinions on Deepening the Comprehensive Reform Supporting the Judicial Accountability System | | 最高人民法院印发《关于深化司法责任制综合配套改革的实施意见》的通知 |
| (No. 26 [2020] of the Supreme People's Court) | | （法发〔2020〕26号） |
| The higher people's courts of all provinces, autonomous regions, and municipalities directly under the Central Government; Military Court of the People's Liberation Army; and Production and Construction Corps Branch of the Higher People's Court of Xinjiang 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： |
| For the purposes of thoroughly implementing the spirit of the 19th CPC National Congress and the Second, Third, and Fourth Plenary Sessions of the 19th CPC Central Committee and fully carrying out the judicial accountability system, according to the Opinions on Deepening the Comprehensive Reform Supporting the Judicial Accountability System issued by the General Office of the CPC Central Committee, in light of the actual circumstances of the work, the Supreme People's Court formulated the Implementation Opinions on Deepening the Comprehensive Reform Supporting the Judicial Accountability System, which are hereby issued for your conscientious organization of implementation. Any important issue encountered in the process of implementation shall be promptly reported to the Supreme People's Court level by level. | | 为深入贯彻党的十九大和十九届二中、三中、四中全会精神，全面落实司法责任制，根据中共中央办公厅印发的《关于深化司法责任制综合配套改革的意见》，结合工作实际，最高人民法院制定了《关于深化司法责任制综合配套改革的实施意见》。现将文件印发给你们，请认真组织实施。实施过程中遇有重要问题，请及时层报最高人民法院。 |
| Supreme People's Court | | 最高人民法院 |
| July 31, 2020 | | 2020年7月31日 |
| Implementation Opinions of the Supreme People's Court on Deepening the Comprehensive Reform Supporting the Judicial Accountability System | | 最高人民法院关于深化司法责任制综合配套改革的实施意见 |
| For the purposes of thoroughly implementing the spirit of the 19th CPC National Congress and the Second, Third, and Fourth Plenary Sessions of the 19th CPC Central Committee, fully carrying out the judicial accountability system, and endeavoring to enable the public to see in every judicial case that justice is served, the following opinions are offered according to the Opinions on Deepening the Comprehensive Reform Supporting the Judicial Accountability System issued by the General Office of the CPC Central Committee, in light of the actual work of people's courts. | | 为深入贯彻党的十九大和十九届二中、三中、四中全会精神，全面落实司法责任制，努力让人民群众在每一个司法案件中感受到公平正义，根据中共中央办公厅印发的《关于深化司法责任制综合配套改革的意见》，结合人民法院工作实际，提出如下意见。 |
| I. Strengthening the political building of people's courts and implementing the primary responsibilities for the full and strict governance of the Party | | 一、加强人民法院政治建设，落实全面从严治党主体责任 |
| 1. Adhering to giving top priority to Party political building. In adherence to arming the mind, guiding practice, and promoting work with Xi Jinping's new-era socialism with Chinese characteristics, and the police shall be taught and directed to highly align their political stand, political orientation, political principles, and political road with the CPC Central Committee with comrade Xi Jinping as the core. The learning of the Party's innovative theories shall be solidly advanced, hierarchical and all-embracing rotating political training shall continue to be given, and the institutionalization and normalization of learning and education shall be achieved. The awareness education of political agencies shall be enhanced, the Party's political discipline and rules shall be strictly enforced, the police shall be directed to adhere to the absolute leadership of the Party over judicial work, the path towards the socialist rule of law with Chinese characteristics shall be adhered to, the original aspiration shall be upheld, the “consciousness of the need to maintain political integrity, think in big-picture terms, follow the leadership core, and keep in alignment” shall be enhanced, the “confidence in the path, theory, system, and culture of socialism with Chinese characteristics” shall be boosted, and the “defense of the status of General Secretary Xi Jinping as the core of the CPC Central Committee and the whole Party and the authority and centralized and unified leadership of the CPC Central Committee” shall be achieved, so as to ensure that the decisions and arrangements of the CPC Central Committee are faithfully implemented in people's courts. | | 1.坚持把党的政治建设摆在首位。坚持用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，教育引导广大干警始终在政治立场、政治方向、政治原则、政治道路上同以习近平同志为核心的党中央保持高度一致。扎实推进党的创新理论学习，持续开展分层次、全覆盖的政治轮训，实现学习教育制度化常态化。强化政治机关意识教育，严明党的政治纪律和政治规矩，引导广大干警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，坚守初心使命，增强“四个意识”、坚定“四个自信”、做到“两个维护”，确保党中央决策部署在人民法院得到不折不扣贯彻落实。 |
| 2. Adhering to highlighting the political standards of selection and appointment of officials. In adherence to giving top priority to the political standards, the identification and evaluation mechanism of the political qualities of court police officers shall be improved, the content of inspection shall be elaborated, routes and methods shall be optimized, the scientificity, accuracy, and operability of the inspection of political qualities shall be heightened, and political review shall be strictly conducted in selection and appointment, promotion, supervision and management, assessment and evaluation, training and practice, commendation and reward, and other work. The keeping of files on the political qualities of officials shall be explored, and the normalized assessment and inspection in aspects such as political loyalty, political determination, political responsibility, political capability, and political self-regulation shall be strengthened. Attention shall be paid to understanding the specific performance at key moments such as handling major cases, completing major tasks, participating in major struggles, and facing major challenges, and officials shall be inspected and identified through emergency, difficult, dangerous, and arduous work such as epidemic prevention and control. | | 2.坚持突出政治标准选人用人。坚持把政治标准作为第一标准，健全法院干警政治素质识别评价机制，细化考察内容，优化路径方法，提高政治素质考察的科学性、精准度和操作性，在遴选任命、提拔晋升、监督管理、考核评价、培养锻炼、表彰奖励等工作中严把政治关。探索建立干部政治素质档案，加强对政治忠诚、政治定力、政治担当、政治能力、政治自律方面的常态化考核考察。注重掌握在承办重大案件、完成重大任务、参与重大斗争、面临重大考验等关键时刻的具体表现，通过疫情防控等急难险重工作考察识别干部。 |
| 3. Fully implementing the primary responsibilities for the strict governance of the Party. People's courts at all levels shall establish a list of responsibilities for the full and strict governance of the Party and improve a system for responsibilities for the strict governance of the Party susceptible to operation, supervision, and accountability. The normalized political supervision and regular management and supervision shall be strengthened, organizational discipline, work discipline, and trial discipline shall be seriously enforced, and violations of rules and discipline shall be severely investigated and punished. The political functions of basic Party organizations shall be enhanced, standardization and regularization shall be advanced, organizational capabilities shall be effectively heightened, and the duties to directly educate, manage, and supervise Party members shall be effectively performed. In accordance with the requirements for tested competence in politics, business, responsibilities, discipline, and conduct, a revolutionary, regular, specialized, and professional court team that is loyal, of integrity, and responsible and respects and abides by the law shall be built. | | 3.全面落实从严治党主体责任。各级人民法院应当建立全面从严治党责任清单，健全可操作、可监督、可问责的从严治党责任体系。加强常态化政治督察和经常性管理监督，严肃组织纪律、工作纪律和审判纪律，严厉查处违规违纪行为。强化基层党组织政治功能，推进标准化规范化建设，切实提升组织力，履行好直接教育、管理、监督党员的职责。按照政治过硬、业务过硬、责任过硬、纪律过硬、作风过硬的要求，打造忠诚干净担当、敬畏信守法律的革命化、正规化、专业化、职业化法院队伍。 |
| II. Improving the operation system of judicial power and the trial supervision and management mechanism | | 二、完善审判权力运行体系，健全审判监督管理机制 |
| 4. Improving lists of judicial power and responsibilities. People's courts at all levels shall deeply grasp the relationship between the full implementation of the judicial accountability system and the strict implementation of democratic centralism, elaborate and improve their respective lists of judicial power and responsibilities, distinguish between the capacity of presidents, vice presidents, and full-time members and other members of judicial committees; division chief judges and deputy division chief judges; sole judges; and presiding judges, trial judges, and other members of collegial panels, itemize the content of power and responsibilities and requirements for performance of duties in relation to various judges, and focus on the formulation of detailed provisions ensuring the well-regulated and orderly exercise of power, the strengthening of trial supervision and management, and other matters. People's courts at all levels shall promote the embedding of the list of job responsibilities and guidelines on performance of duties for court presidents and division chief judges (including full-time members of judicial committees, the same below), other judges, assistant judges, and clerks in case handling platforms and realize that various types of performance of duties are susceptible to reminding, tracing, reverse investigation, and supervision. | | 4.完善审判权力和责任清单。各级人民法院应当深刻把握全面落实司法责任制和严格执行民主集中制的关系，细化完善本院审判权力和责任清单，区分院长、副院长、审判委员会专职委员、其他审判委员会委员，庭长、副庭长，独任法官，合议庭审判长、承办法官及其他成员等人员类型，逐项列明各类审判人员的权责内容和履职要求，重点就确保规范有序行权、强化审判监督管理等事项作出细化规定。推动将院庭长（含审判委员会专职委员，下同）、其他审判人员、法官助理、书记员的岗位职责清单和履职指引嵌入办案平台，实现对各类履职行为可提示、可留痕、可倒查、可监督。 |
| 5. Improving the identification and supervision mechanism of “four types of cases.” People's courts at all levels shall, in light of the functional orientations of courts at different levels and the actual circumstances of trial work, further elaborate and specify the scope of the “four types of cases” set forth in Article 24 of the Several Opinions of the Supreme People's Court on Improving the Judicial Accountability System of People's Courts, improve the discovery mechanism, initiation procedures, and operating rules and procedures for court presidents and division chief judges to supervise and manage the “four types of cases,” explore the automated identification and intelligent regulation of the “four types of cases,” and improve the informatization, professionalism, and regularization of trial supervision and management. All higher people's courts shall establish a unified automated identification and monitoring system of the “four types of cases,” which will automatically issue advance warnings and remind court presidents and division chief judges to supervise cases which trial organizations fail to report as required or fail to submit to a specialized judge meeting or judicial committee for discussion as required. | | 5.完善“四类案件”识别监管机制。各级人民法院应当结合审级职能定位和审判工作实际，进一步细化明确《最高人民法院关于完善人民法院司法责任制的若干意见》第24条规定的“四类案件”范围，完善院庭长监督管理“四类案件”的发现机制、启动程序和操作规程，探索“四类案件”自动化识别、智能化监管，提高审判监督管理的信息化、专业化、规范化水平。各高级人民法院应当建立统一的“四类案件”自动识别监测系统，对审判组织应当报告而未报告、应当提交专业法官会议或审判委员会讨论而未提交的案件，系统自动预警并提醒院庭长监督。 |
| For the “four types of cases,” court presidents and division chief judges shall have the power to require a sole-judge court or collegial panel to report the progress of a case and the results of review. If the court presidents and division chief judges have objections to the trial process or the results of review, they may submit the case to the specialized judge meetings or judicial committees for discussion, without requiring the sole-judge court or collegial panel to accept their opinion or directly changing the opinion of the sole-judge court or collegial panel. When performing the duties of trial supervision and management, court presidents and division chief judges shall enter a statement in case files or case handling platforms and keep records throughout the process. People's courts at all levels shall regard the performance of their duties of trial supervision and management and the overall trial quality and effectiveness in their respective fields as an important part of the comprehensive assessment and evaluation of court presidents and division chief judges. | | 对于“四类案件”，院庭长有权要求独任庭或合议庭报告案件进展和评议结果，对审理过程或评议结果有异议的，可以将案件提交专业法官会议、审判委员会讨论，不得要求独任庭、合议庭接受本人意见或直接改变独任庭、合议庭意见。院庭长履行审判监督管理职责时，应当在卷宗或办案平台标注，全程留痕。各级人民法院应当将履行审判监督管理职责情况、分管领域审判质效总体情况，作为院庭长综合考核评价的重要内容。 |
| 6. Optimizing the formation of trial teams. Basic and intermediate people's courts shall flexibly form multiple types of trial teams, taking into account factors such as personnel structure, case types, degree of difficulty, and comprehensive research, as needed for separation between complicated cases and simple cases and specialized division of labor. Basic and intermediate people's courts shall strengthen the functions of trial teams as case-handling units and self-management units and reasonably determine composition based on functional needs. Basic and intermediate people's courts shall, based on the principles of optimization, coordination, efficiency, and facilitating supervision and management, further improve organizational structure and rationalize the relationship among trial teams, trial organizations, and trial institutions, so as to ensure that the work power and responsibilities of trial team leaders, sole judges, presiding judges, deputy division chief judges, and court presidents are clear and reasonable, and the distribution of affairs is connected in an orderly manner. Basic and intermediate people's courts may assign judges and trial auxiliaries by combining two-way choice and organizational allocation and give judges the power to assign work to trial auxiliaries, the power to give recommendations on assessment, and a certain power to give recommendations on personnel management. | | 6.优化审判团队组建。基层、中级人民法院应当综合考虑人员结构、案件类型、难易程度、综合调研等因素，适应繁简分流和专业化分工需要，灵活组建多种类型的审判团队。强化审判团队作为办理案件单元、自我管理单元的功能，根据职能需要合理确定人员配比。以优化协同高效、利于监督管理为原则，进一步完善内部组织架构，理顺审判团队、审判组织与审判机构之间的关系，确保审判团队负责人、独任法官、审判长、副庭长、庭长工作权责明晰合理、事务分配衔接有序。法官与审判辅助人员配备可以实行双向选择与组织调配相结合，赋予法官对审判辅助人员的工作分配权、考核建议权以及一定的人事管理建议权。 |
| 7. Improving the case distribution mechanism. People's courts at all levels shall adhere to “the random distribution of cases as the principle and the designated distribution of cases as an exception.” If specialized collegial panels, specialized trial teams, or small claims, expedited trial, speedy trial, or other trial teams have been established, people's courts at all levels shall determine a method for mixing and matching the types of cases, flexibly allocate human resources, randomly distribute cases among different trial organizations as much as possible, and avoid the trial of a type of cases by the same trial organizations for a long time. For relatively permanent trial teams and collegial panels, their personnel shall be adjusted regularly. The designated distribution of cases shall be documented on case handling platforms throughout the process. If the personnel of trial organizations are required to be adjusted after the distribution of cases for reasons such as disqualification or transfer, physical health, and corruption risk, court presidents and division chief judges shall decide according to their authority, the parties shall be notified of the adjustment results in a timely manner, and the reasons shall be stated on case handling platforms. | | 7.完善案件分配机制。各级人民法院应当坚持“以随机分案为原则，以指定分案为例外”。已组建专业化合议庭、专业化审判团队或小额诉讼、速裁快审等审判团队的，应当合理确定案件类型搭配方式、灵活配置人力资源，尽可能在不同审判组织之间随机分案，避免一类案件长期由固定审判组织办理。对于相对固定的审判团队和合议庭，人员应当定期调整。指定分案情况，应当在办案平台上全程留痕。因回避或工作调动、身体健康、廉政风险等事由，分案后确需调整审判组织人员的，由院庭长按权限决定，调整结果应当及时通知当事人，并在办案平台标注原因。 |
| 8. Improving the case handling mechanism for court presidents and division chief judges. All higher people's courts shall scientifically and reasonably determine caseload standards for the presidents and division chief judges of courts in their jurisdictions, taking into account factors such as the number of personnel, the scale of cases, areas of responsibility, supervisory tasks, and administrative affairs, by distinguishing among different regions, levels, and positions. Court presidents and division chief judges shall not offset presiding over or participating in specialized judge meetings, coordinating and supervising the handling of major sensitive cases, supervising the “four types of cases,” receiving visitors, and directing enforcement against caseload, but related affairs may be included in the workload and the content of performance appraisal. | | 8.健全院庭长办案机制。各高级人民法院应当综合考虑人员数量、案件规模、分管领域、监督任务和行政事务等因素，区分不同地区、层级、岗位，科学合理确定辖区法院院庭长办案数量标准。院庭长不得以主持或参加专业法官会议、协调督办重大敏感案件、监督“四类案件”、接待来访、指挥执行等充抵办案数量，但相关事务可以计入工作量，纳入绩效考核评价内容。 |
| All higher people's courts shall further elaborate the specific types of cases handled by the presidents and division chief judges of the courts in their jurisdictions, improve the case identification and distribution mechanism, and promote the achievement of intelligent identification, label processing, and automated distribution. The presidents and division chief judges of people's courts at all levels shall handle cases on the basis of designated distribution and focus on handling the “four types of cases” and remanded cases, among others, and the presidents and division chief judges of basic people's courts may also participate in the random distribution of cases, but shall give priority to handling the foregoing types of cases. | | 各高级人民法院应当进一步细化由辖区法院院庭长办理的具体案件类型，完善案件识别、分配机制，推动实现智能识别、标签处理、自动分配。各级人民法院院庭长办案以指定分案为主，重点办理“四类案件”、发回重审案件等，基层人民法院院庭长也可以参与随机分案，但应当优先办理前述类型案件。 |
| All higher people's courts shall establish a mechanism for a balance between supervision and management and case handling, optimize the responsibilities of courts in their jurisdictions for trial supervision, trial management, and administrative management, coordinate the reduction of the clerical workload of court presidents and division chief judges, and refrain from participating in affairs beyond the statutory scope of duties of courts and judges. The trial management departments of higher people's courts shall be responsible for guiding the courts in their jurisdictions in measuring and determining the caseload for court presidents and division chief judges. The trial management departments of people's courts shall quarterly circulate a notice of cases being handled for the leaders of people's courts at the next lower level in their jurisdictions who are quota judges. The trial management department of a court shall regularly report the cases being handled to the division chief judges and deputy division chief judges. | | 各高级人民法院应当建立监督管理与办案平衡机制，优化辖区法院审判监督、审判管理、行政管理职责，协调减少院庭长事务性工作负担，不参加超出法院和法官法定职责范围的事务。高级人民法院审判管理部门负责指导辖区法院测算核定院庭长办案量。上级人民法院审判管理部门每季度应当通报辖区下一级人民法院入额院领导的办案任务完成情况。本院审判管理部门应当定期通报庭长、副庭长办案任务完成情况。 |
| 9. Improving the unified mechanism for the application of law. The search mechanism for related cases and similar cases, the specialized judge meeting mechanism, and the judicial committee system shall be further improved to ensure that various mechanisms are organically connected to join forces. Through the preliminary filtering by search for similar cases, research and consultation at specialized judge meetings, and discussions and decisions by judicial committees, the differences within trial organizations, between different trial organizations, and between court presidents and division chief judges and trial organizations shall be effectively resolved to promote the uniformity of the standards for the application of law. | | 9.完善统一法律适用机制。进一步完善关联案件和类案检索机制、专业法官会议机制和审判委员会制度，确保各项机制有机衔接、形成合力。通过类案检索初步过滤、专业法官会议研究咨询、审判委员会讨论决定，有效解决审判组织内部、不同审判组织以及院庭长与审判组织之间的分歧，促进法律适用标准统一。 |
For cases requiring the search for similar cases, trial judges shall, as required by relevant documents, explain the situation during the review by collegial panels and the discussions at specialized judge meetings and in trial reports, or prepare a special report on the search for similar cases. People's courts at all levels may convene inter-team and inter-divisional specialized judge meetings based on the circumstances, according to the types of cases and related matters. In order to promote the unified application of law, people's courts at higher levels may arrange for the courts in their jurisdictions to convene inter-court level and inter-regional specialized judge meetings on typed cases. A case required by law to be submitted to the judicial committee for discussion and decision in which there are no internal differences is not required to be submitted to the specialized judge meeting for discussion. People's courts at all levels shall establish a pragmatic and effective mechanism for resolving differences in the application of law, explore the establishment of channels for the parties and other litigation participants to report inconsistencies in the application of law, and improve monitoring, feedback, and public disclosure mechanisms.
．．．．．． | | 承办法官应当按照相关文件要求，对于应当类案检索的案件，在合议庭评议、专业法官会议讨论和审理报告中说明情况，或制作专门的类案检索报告。各级人民法院可以根据案件类型、所涉事项，视情召开跨团队、跨庭室的专业法官会议。上级人民法院为推动法律统一适用，可以就类型化案件组织辖区法院召开跨审级、跨地域的专业法官会议。对于依法应当提交审判委员会讨论决定、但不存在内部分歧的案件，可以不提交专业法官会议讨论。各级人民法院应当建立务实管用的法律适用分歧解决机制，探索建立当事人和其他诉讼参与人反映法律适用不一致问题的渠道，配套完善监测、反馈和公开机制。
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