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The SPC promulgated provisions on the management of refunds by judges who violate discipline and the law to comprehensively strengthen the supervision and management of the contingent of judges

author:Beiqing Net
The SPC promulgated provisions on the management of refunds by judges who violate discipline and the law to comprehensively strengthen the supervision and management of the contingent of judges

In order to conscientiously implement the deployment requirements of the party Central Committee on strengthening the building of the contingent of political and legal personnel, further clarify the policy for the withdrawal of posts linked to judges' violations of discipline and law, comprehensively strengthen the supervision and management of the contingent of judges, and promote judges to administer justice fairly and honestly in accordance with the law, the Supreme People's Court recently issued the "Regulations on the Administration of Refunds of Amounts by Judges of People's Courts who Violate Discipline and Law (Trial Implementation)" (hereinafter referred to as the "Provisions on Refunds"), and issued a circular urging courts in all localities to do a good job in implementing them in light of the actual conditions of their work. Closely combining the actual conditions of court work and actively responding to the needs of judicial practice, the "Provisions on Quota Refund" is an important measure to deepen the comprehensive reform of the judicial system, promote the education and rectification of the court contingent, and is of great significance to improving the system of punishment for judges, promoting the construction of party style and clean government in the court system, and forging a loyal and clean contingent of judges in the new era.

The "Provisions on Quota Withdrawal" strictly implement the requirements of the central authorities, adhere to comprehensive and strict management, take the maintenance of the authority and integrity of judicial adjudication as the core, make overall plans to deepen the reform of the judicial system and strengthen the construction of party style and clean government, and establish and improve mechanisms for linking judges' violations of discipline and law and the withdrawal of posts. The "Provisions on The Refund of Quotas" adhere to the basis of the law, paying attention to maintaining coordination and convergence with national laws such as the Civil Servants Law, the Judges Law, the Law on Government Sanctions for Public Employees, the Regulations on Disciplinary Punishment of the Communist Party of China, the Regulations on the Handling of Chinese Communist Party Organizations (for Trial Implementation), and other intra-Party regulations and relevant organizational and personnel policies, so as to ensure the internal unity of system rules. The "Provisions on Refund of Quotas" adhere to the problem-oriented approach, focusing on solving practical problems such as the complexity of violations of discipline and laws and the different standards for the withdrawal of posts reflected by courts in various localities, using the results of punishment as the main criterion, giving due consideration to the causes and circumstances of violations of discipline and law, comprehensively determining the policy of post withdrawal that should be applied, and at the same time giving local courts a certain degree of autonomy. The "Provisions on Refund of Quotas" adhere to the principle of blending leniency with severity, resolutely clearing judges who have seriously violated discipline and the law from their posts, and at the same time strictly implementing the requirements of the "four forms" of supervision and discipline enforcement, distinguishing between different situations of refunds and giving some judges the opportunity to know what they have not done, and establishing a policy orientation of strict management and love. The "Provisions on Refunds" adhere to pragmatic and effective use, clarify the procedures for applying for approval and review of the withdrawal of posts, and stipulate the follow-up measures that judges should take after they withdraw their quotas, thus enhancing the operability of the refund policy.

In addition, the Provisions on Refund of Quotas also put forward requirements for the integration of new and old policies and the formulation of specific implementation measures by local courts in light of local realities.

(Zhang Lei, Hao Shan)

(People's Court Daily)

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