Law

Combining "points, lines, and areas" to improve the supervision mechanism of single agency cases

2023-04-27   

The people's court should adhere to the problem oriented and goal oriented approach, adopt a combination of "point, line, and surface" methods, further innovate and improve the regulatory mechanism and supporting measures for single appointment cases, and strive to create a new situation in the work of the people's court. The report of the 20th National Congress of the Communist Party of China pointed out that "strengthening the restraint and supervision of judicial activities and promoting judicial fairness." The supervision and management of the presiding judge's trial is an important link in the comprehensive implementation of the judicial responsibility system and a requirement for regulating judicial activities. The people's court should adhere to the problem oriented and goal oriented approach, adopt a combination of "points, lines, and areas", further innovate and improve the regulatory mechanism and supporting measures for single appointment cases, fully respond to new changes, requirements, and challenges in judicial work under the background of expanding single appointment cases, and strive to create a new situation in the work of the people's court. Make efforts to break the bottleneck and development bottleneck in the supervision of the court president through the "point" approach. Identify the key "points" for guiding party building. As the first person responsible for party building work, the President of the Court should strictly implement the "dual responsibilities of one position", and explore the construction of a "party group work method" for guiding party building work in judicial work through democratic life meetings and themed party day activities. Through "one-on-one" heart to heart talks, "biting ears and sleeves" and preventive injections, timely identify potential problems, Integrate the business weaknesses identified in supervision and management with the political life within the party, and actively crack the "two skins" of party building and trial supervision. Focusing on the focus of case evaluation, we will innovate and establish a single appointment case evaluation mechanism, combining "random evaluation", "heavy evaluation", and "comprehensive evaluation". On the basis of "random evaluation", we will treat single appointment cases as "heavy evaluation" objects, and set a certain sampling ratio to ensure that the court president accurately grasps the handling of such cases. At the same time, the relevant court officials should conduct a comprehensive evaluation of the single judge system cases that have been reformed, and require the single judge to conduct in-depth analysis on the trial procedure, factual determination, legal application, and reasons for the second instance reform, in order to identify the reasons for the reform and improve the quality and efficiency of the trial of the single judge system cases. Efforts should be made to ensure that justice serves the people, and the activities of "Dean's Reception Day" and "Grassroots Visits and Research" should be used as windows to focus on analyzing and comprehensively judging cases with strong public feedback, especially those under the sole appointment system. If there are sharp contradictions between the two parties or if there are violations of law and discipline by the judges, the President of the Court may, in accordance with his authority, transfer the case from the sole appointment system to the collegial system for trial, in order to strengthen supervision. At the same time, we will improve the post case follow-up system and establish a dedicated follow-up team with the leaders of the responsible court as the team leader and the presiding judge and handling judge as the team members. Through on-site visits, phone calls, WeChat, and other means, we will conduct follow-up visits to cases reported by the public, and achieve the goal of "looking back" on the effectiveness of the case to promote style improvement and team empowerment. On line empowerment focuses on the important processes and key links of the President's supervision. Through the efficient judicial "assembly line", in the case identification stage, the presiding judge of the filing court focuses on comparing the "negative list" of the sole trial, and strictly checks the application conditions based on the subject matter of the lawsuit, legal relations, litigation procedures, etc. to ensure the legal and compliant application of the sole trial system; During the trial stage, the presiding judge of the civil court supervises the conversion of the trial procedure and changes in the trial organization of the sole judge system. If a party raises objections to the trial of the sole judge system, the sole judge shall not decide whether the objection is valid or not without authorization

Edit:Ying Ying Responsible editor:Shen Chen

Source:rmfyb.chinacourt.org

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