Editor's note
In Beijing in March, the spring breeze is warm. The 2024 National People's Congress and the National People's Congress have come to a successful conclusion.
On March 11, the Second Session of the 14th National People's Congress voted and passed a resolution on the "Report on the Work of the Supreme People's Court" (hereinafter referred to as the "Report"). The report is nearly 25 pages and more than 14,000 words, with "active justice" as the main line running throughout.
This is the answer sheet handed over by the people's courts over the past year in the active performance of their duties. The people's search and appeal for a sense of gain, happiness and security can be answered in the report.
To this end, this journal has launched a set of reports around the "Report" all-media live broadcast of six interviews, vividly showing the people's courts' firm confidence and work achievements in supporting and serving Chinese-style modernization with the modernization of trial work in the past year.
Then forward, to the future.
Text | Reporter of this magazine, Hua Bud
"'Article 20 has been awakened' occupied the hot search on Weibo for a whole day, with 150 million views on the day. "The Report on the Work of the Supreme People's Court (hereinafter referred to as the "Report") is a vivid lesson in popularizing the law among the whole people. "The report uses 109 sets of trial data, and behind the rise and fall is governance. ”...... At the plenary meeting of the Tianjin delegation held on the morning of March 10, Zhang Boli, a deputy to the National People's Congress and honorary president of Tianjin University of Traditional Chinese Medicine, used a couplet when deliberating the "Report": the upper link "the language is vivid and the golden sentences are frequent, and the case is full of positive energy"; the lower link "do not forget the original intention, the integration of reason and law, awaken the warmth of the 20 judicial points", which resonated and resounded with warm applause at the scene.
On March 8, Zhang Jun, President of the Supreme People's Court, delivered a "Report" at the Second Session of the 14th National People's Congress. As soon as the "report" ended, the representatives and members of the venue carefully deliberated and discussed, which caused heated discussions in the society outside the venue. On March 11, the Second Session of the 14th National People's Congress voted and adopted a resolution on the Report.
On March 9, the Zhejiang delegation held a group meeting to review the "Work Report of the Supreme People's Court" and the "Work Report of the Supreme People's Procuratorate" Photo courtesy of CFP
On March 9, the Liaoning delegation held a group meeting to review the "Work Report of the Supreme People's Court" and the "Work Report of the Supreme People's Procuratorate" Photo courtesy of CFP
The report is nearly 25 pages and more than 14,000 words, with "active justice" as the main thread running through the whole article, listing 62 typical cases and 109 sets of data. "The report was 'spelled' by more than 500,000 court officers and police officers over the past year, fighting for handling cases according to law, 'if I am suing', and 'strict management is love', all of which are positive responses to the people's sense of fairness and justice. On March 8, Yu Maoyu, deputy director of the General Office of the Supreme People's Court and head of the drafting group of the "Report", said at the first interview of the first all-media live broadcast of the "Report" interpretation series of the 2024 National People's Congress and the National People's Congress.
On March 8, the Supreme People's Court held the first interview in the series of all-media live broadcasts of the interpretation of the "Work Report of the Supreme People's Court" of the 2024 National People's Congress and the National People's Congress
It is worth noting that the "Report" not only talks about "what the court has done", but also strives to explain "why it has done so" and strives to explain the concepts and ideas clearly; not only in the main text, but also in the annex, a new section on "Interpretation of Important Issues in the Report" has been set up, and special columns are devoted to key issues such as "why we should grasp the source of litigation" and "how to reduce the number of administrative cases" The conclusion of the case is not only a comprehensive report, but also a conscious acceptance of supervision, which is more conducive to building consensus and working together to promote the profound revolution of national governance in accordance with the law. This is the heavy answer sheet handed over by the people's court in 2023.
The theme stands out
"The report has many highlights and distinctive characteristics, attaches importance to the interpretation of concepts, attaches importance to the guidance of the rule of law, attaches importance to responding to concerns, and attaches importance to explaining the law through cases. Yu Maoyu said that a main thread running through the report is "active justice". This is the most distinctive feature of judicial adjudication work in the past year, and it is also the main theme that runs through the entire "Report." In his view, "agency" has a rich connotation, mainly including four aspects: in terms of serving the overall situation, it is to adhere to the essential requirements of the law, clear regulations, and closely follow the promotion of Chinese-style modernization and front-line services. The word "service (guarantee)" appears 37 times in the Report, and 27 cases directly reflect the use of active judicial services to ensure high-quality development and high-level security; in promoting governance, it is to adhere to the principle of "grasping the front end and curing the disease before it happens", actively integrate into and promote national governance, and promote good law and good governance based on judicial case handling; in the trial of individual cases, it is to adhere to the principle of "the case is concluded and the government is in harmony", and with the awareness of "as I am suing", the best solution for handling cases is sought within the legal framework; in the way of performing duties, it is to adhere to the win-win, multi-win, and win-win", and promote the formation of a joint force for the construction of the rule of law under the leadership of the party.
Some of the subheadings and central sentences of the Report also reflect the political responsibility of the people's courts in performing their duties loyally: from safeguarding national political security and promoting public security governance, to promoting the construction of financial rule of law and serving innovation-driven development, from solving the difficulties of small and medium-sized enterprises and promoting development through implementation, to optimizing corporate compliance reform and helping "crisis" enterprises find "new opportunities", and from focusing on the governance of litigation sources and promoting social governance, to improving the efficiency of foreign-related justice and demonstrating the wisdom of China's rule of law......, the "Report" embodies the use of active justice to do practical work from a political point of view, from the rule of law".
Words like "the people", "the masses" and "the people" can be seen everywhere in the "Report", and more importantly, the "Report" embodies the awareness and feelings of "as I am suing": governing online violence, supporting legitimate defense, caring for the rights and interests of the elderly, leading campus protection, and safeguarding the rights and interests of takeaway boys......
Yu Maoyu said: "The setting of indicators such as 'case-to-case ratio' and 'case completion rate within the trial time limit', as well as the promotion of 'letter must be replied' and cross-enforcement, these seemingly internal matters of the court reflect the people-centered perspective and position. At the same time, the "Report" tells 62 vivid cases with the concept of "as I am watching" and "as I am listening", and strives to make the people understand and like to listen, and then understand the value considerations of the court, and the legal principles, facts and reasonableness contained in the judgment of the case. ”
"President Zhang Jun said in the report that 'insisting on handling cases is governance', which is to pay attention to the leading role of judicial adjudication in social development and the progress of the rule of law. Yu Maoyu explained that many measures, cases, and data in the report are integrated into the connotation of the times that lead social development and lead the progress of the rule of law. For example, it is clear that "knowing and buying fakes" only supports punitive damages within the scope of "living consumption", and the governance of high bride prices promotes the return to the essence of "gifts", all of which are to deal with social controversial topics through the rule of law and lead the cultivation of the public's awareness of the rule of law. The report also emphasizes that "financial behavior must be compliant, executives must be severely punished for violating the law, and intermediaries must be held accountable for dereliction of duty", including curbing "fishing rights protection" in the field of intellectual property, all of which reflect the rule of law based on justice and leading development.
The strong voice of the times
"It is suggested that more ink should be written around the common problems that people in various countries may encounter, and show the measures taken by Chinese courts to deal with such issues" and "The report should reflect the level of foreign-related rule of law construction in the mainland"...... Previously, at the forum held by the Supreme People's Court to solicit opinions, experts, scholars, and people from the media circles all put forward suggestions.
Combined with the opinions and suggestions, the drafting team of the "Report" paid more attention to the excavation of typical cases in these aspects and the change of perspective of elaboration, and strived to tell the story of China's rule of law in the new era.
The longest foreign-related rule of law paragraph. The Report uses three subheadings and a total of 711 words to describe the new achievements of "serving to promote high-level opening up", which is the longest foreign-related rule of law content in the "Report" over the years. This is extremely rare in the report of the two sessions, which cherishes words like gold.
Among them, the case of arrears of construction fees for sports venues undertaken by mainland private enterprises overseas not only reflects the firm position of the people's courts in safeguarding the legitimate rights and interests of mainland overseas enterprises, but also highlights the image of China's judiciary respecting and applying international rules and practices to equally protect the interests of all parties in the Belt and Road Initiative...... These are all signs of China's judicial influence on the world.
Twice set a new record in history. In the Great Hall of the People on March 8, when President Zhang Jun talked about "refreshing the record of domestic intellectual property cases", the audience burst into warm applause. "I believe that this is the greatest praise given by the deputies to the people's courts' firm stance on strictly protecting intellectual property rights. Shao Zhihao, a deputy to the National People's Congress and principal of the High School Affiliated to Northeast Normal University, recalled the scene at that time, which is still fresh in his memory.
The Supreme People's Court ruled in the second instance that the infringer destroyed the production system and compensated 218 million yuan, which set a new record for domestic intellectual property cases. The other is the clever use of cross-enforcement in the enforcement to promote a comprehensive settlement, the infringer obtained a license to use, the production equipment facing dismantling was retained, and the right holder was finally compensated 658 million yuan, once again setting a new record for compensation in domestic intellectual property cases.
In 2023, courts across the country acquitted 465 defendants in public prosecution cases and 339 defendants in private prosecution cases in accordance with the law, retried and acquitted 122 people in 87 cases, sought truth from facts and corrected 42 criminal wrongful cases involving property rights in accordance with the law, and corrected 42 criminal wrongful cases involving property rights in accordance with ......the law.
China's rule of law is leading society with distinctive rules, and influencing the world with its unique Chinese wisdom and solutions.
"As I sued"
The report mentions that every livelihood case should be handled with the awareness of "as if I am suing".
What exactly is "as I am suing"?
On March 15, 2023, President Zhang Jun took up his new post at the Supreme People's Court. At a meeting of the party group of the Supreme People's Court held on March 16, he proposed that "ordinary people come to the court to solve problems, and they are by no means here to 'go through procedures'".
"'If I'm suing' is to stand in the position of the common people, think about problems and do things. The judge should not only make a judgment in the middle according to the law, but also think more about what I want the court to do if I am a party?" Yu Maoyu explained.
Yu Maoyu used the issue of protecting the rights and interests of takeaway brothers in the "Report" as an example. "Some employers are 'adept' at using the law – the employer and the service company sign an outsourcing contract, and the service company and the labor dispatch company sign a dispatch contract. Finally, the labor dispatch company signed a contract with the delivery boy. In Yu Maoyu's view: "The clear labor relationship has become a contracting relationship after layers of subcontracting." The nature of the law has changed, and the degree of protection has been greatly reduced. When encountering problems such as wage arrears, can the people's courts mechanically determine that it is a contract relationship in accordance with the law? What do the parties think? What should the people think? Therefore, the people's courts have seen through this 'blind way' and supported the reasonable demands of the younger brother in accordance with the labor relationship in accordance with the law. These are clear examples of 'as I am suing'. ”
Education and health care are a matter of concern to thousands of households. Yu Maoyu introduced that protecting the rights and interests of students and supporting the school's management in accordance with regulations, protecting the rights and interests of patients and maintaining normal medical order have always been a "dilemma". The people's courts persist in putting the people at the center, emphasizing the organic integration of law, reason, and emotion, making good use of the wisdom of the rule of law, and striving to handle each "small case" well.
In the case of accidental injury of a primary school student in physical education class mentioned in the report, the parents sued the school, and the school had fulfilled its reasonable educational management responsibilities and rescue obligations, and the court ruled that the school was not responsible. In practice, injuries in physical education classes are not uncommon. According to media reports, some schools are afraid to organize outdoor activities for fear of students being injured, and there are voices of support and opposition. In this case, the parents sued the school, and the court found that the school was not responsible in accordance with the law, considering that the physical education teacher had instructed the students to warm up, explained the essentials of the movements, and was on site throughout the whole process, and the school had fulfilled the necessary educational management responsibilities and rescue obligations.
"The rule passed by the referee is that the school that teaches according to the rules cannot be 'blamed', and the responsibility is too strict, so that the school can organize sports when it should organize sports, and arrange outdoor activities when it should arrange outdoor activities, which is fundamentally for the healthy growth of children. From this point of view, the protection of schools in accordance with the law is to better protect students. Yu Maoyu said.
In fact, the same is true for dealing with long-standing doctor-patient disputes. To protect doctors is to protect patients, and to protect doctors in accordance with the law is to better treat patients. Yu Maoyu said that on the one hand, the people's court severely punishes illegal medical practice and other criminal acts, and protects the rights and interests of patients in accordance with the law; on the other hand, it is determined that medical institutions are exempted from liability in accordance with the law, and it is clear that medical institutions are not responsible for fulfilling their diagnosis and treatment obligations well, or are limited to the medical level at that time, so that the diagnosis and treatment activities that meet the norms are guaranteed, and the doctors who are fully committed to treating patients are protected, that is, to let doctors put down their burdens and go all out to save lives and help the injured, and ultimately benefit patients.
The report mentions that "society is developing, and the judiciary must move forward". For example, Yu Maoyu said that in the Internet era, a lot of work is carried out through the Internet, and work is not limited to sitting in the office, mobile phones and computers are in hand, and you can work anywhere. In this regard, the people's court has made it clear that "substantial labor" and "obvious occupation of time" are the criteria for determining "invisible overtime" online, so that online work can be profitable and offline rest is guaranteed, "which is also the judiciary advancing with the times".
In this way, "being in the middle of the matter" and "if I am suing" has the "report to handle the cases around the people with heart", "to judge the people's household affairs with affection", "punish online violence in accordance with the law", and "care for the growth of children in an all-round way" in the "report...... Efforts should be made to make the people feel that fairness and justice are around them.
Justice speeds up
During this year's Spring Festival, the movie "Article 20" became popular all over the Internet, with a strong sense of caring for reality.
Article 20 of the Criminal Law of the People's Republic of China clearly stipulates the system of legitimate self-defense. In 2020, the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security jointly issued the Guiding Opinions on the Lawful Application of the Legitimate Defense System.
"And then everything is all right? No. The film shows that it is still difficult to apply justifiable defense in practice. Yu Maoyu said that real cases are far more complicated than novels and movies, and sometimes, whether it is legitimate defense, excessive defense, or fighting each other, the line is not so clear. "In particular, the common people pay attention to the 'deceased is the greatest', and once a human life occurs, even if it is indeed justified defense, it needs to be under a lot of pressure when it is determined. In the movie, the family of the deceased took people to the judicial organs to make trouble and exert pressure, which is the case. ”
Yu Maoyu introduced the justifiable defense cases in the report. Fu went to Ma's house at night after drinking and smashed the door, shouting that he wanted to kill someone. Ma said to Fu that he had found the wrong person and called the police. Fu ignored it and smashed multiple pieces of window glass. Ma opened the door with a knife and went out to stop it, and the two scuffled together. In the process, Ma was injured in his hands and back, and Fu was stabbed in multiple places, resulting in hemorrhagic shock and death.
So, is Ma justified self-defense or intentional injury?" The case went through the first instance, appeal, protest, and remand for retrial in the second instance, and in the end, the court insisted that Ma was justified and innocent, and this process was indeed very difficult. In Yu Maoyu's view, "From 2021 to 2023, 77 defendants were acquitted in legitimate defense, which fully illustrates this difficulty." However, we have always firmly believed that 'the law cannot yield to lawlessness' cannot remain in words, and that 'Article 20' has been awakened and will continue to be implemented. ”
Yu Maoyu said: "The Party Group of the Supreme People's Court has repeatedly emphasized that 'fairness and efficiency' is the eternal theme of judicial adjudication. There is no doubt that both justice and efficiency are indispensable. We must firmly grasp the fundamental requirement of 'justice', and at the same time, take into account efficiency and actively respond to the people's expectation of 'efficiency'. 'Late justice' is better than nothing, but 'late justice' is discounted justice, and we must do our best to speed up justice!"
One point of deployment, nine points of implementation. In the report, the word "practical" alone appears 25 times, including "practical" and "realistic" and other types of "real" appear 95 times. This is a "report" that is embodied between the lines of hard work and responsibility, and it is also a commitment made by the people's court to the party and the people to grasp the work in 2024 by focusing on the word "real".
2024 marks the 75th anniversary of the founding of the People's Republic of China and a crucial year for achieving the goals and tasks of the 14th Five-Year Plan. The two sessions of the National People's Congress have been successfully concluded, and the court will focus on the theme of "fairness and efficiency", highlight the problem orientation, strictly and impartially administer justice, comprehensively improve the quality and efficiency of trial work, and strive to support and serve Chinese-style modernization with the modernization of trial work!
Cover and table of contents of this issue
China Trial, Issue 5, 2024
China Trial News Semi-Monthly No. 339
Editor/Xu Chang