The effectiveness of the "three provisions" system is becoming increasingly apparent

Open the front door and block the "back door". On the 23rd, the Supreme People's Court issued a special report on the implementation of the "Three Provisions" on the prevention of interference in the judiciary in the court system in 2023, and in 2023, there will be more than 1,938,500 pieces of information recorded and reported by court officers and police officers across the country, an increase of 11.8 times compared with 2022.

The so-called "three provisions" refer to the "Provisions on the Recording, Notification and Accountability of Leading Cadres Interfering with Judicial Activities and Interfering in the Handling of Specific Cases" issued by the General Office of the CPC Central Committee and the General Office of the State Council in 2015, the "Provisions on the Recording and Accountability of Internal Personnel of Judicial Organs Prying into Cases" issued by the Central Political and Legal Commission, and the "Provisions on Further Regulating Judicial Personnel and Parties, Lawyers, Persons with Special Relationships, and Persons with Special Relationships" jointly issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of State Security, and the Ministry of Justice. Several Provisions on the Contact and Interaction Conduct of Intermediary Organizations".

How can we prevent "personal favor cases," "relationship cases," and "money cases"? How can we dispel the ideological concerns of cadres and policemen? How should we tighten and consolidate their responsibilities? How should we grasp the relationship between the implementation of the "three provisions" and the acceptance of social supervision and supervision by the masses? The relevant responsible persons of the Supreme People's Court responded one by one.

Cases that are being handled by judicial organs and staff must not be interrogated or interfered with in violation of regulations

Liao Xiangyang, director of the Supervision Bureau of the Supreme People's Court, said that the "three provisions" have built a set of systems to prevent interference in the judiciary and ensure judicial fairness from three dimensions: outside the judicial organs, inside the judicial organs, and judicial personnel from contacting and interacting with the outside world.

Liao Xiangyang: The "Three Provisions" clearly require that no leading cadre may ask a judicial organ to handle a case in violation of its statutory duties or legal procedures, and must not ask a judicial organ to do anything that obstructs judicial fairness; internal personnel of a judicial organ must not violate the regulations by prying into or interfering in a case being handled by other personnel, must not violate the regulations by transmitting materials or inquiring into the facts of a case for the parties to a case, and must not intercede or greet the parties in any way.

To this day, there are still people who hope to find acquaintances to "inquire about the case, intercede, and say hello." How great is the harm of this? A typical case reported by the Supreme People's Court shows that Zhou XX of a certain grassroots court in Hebei Province took advantage of his position to accept the entrustment of others, sought benefits or provided assistance to others in the process of filing and trying cases, and accepted 930,000 yuan from others. From October 2019 to August 2021, Zhou Moumou used his authority as the vice president of the court to intervene in a series of litigation cases of a group company, instructed relevant personnel to take preservation measures in violation of regulations, and delayed the trial of the case for a long time, exceeding the trial time limit, causing serious losses to the relevant companies involved in the case. In January 2022, Zhou Moumou was expelled from the party and expelled from public office, and in June of the same year, he was sentenced to five years in prison and fined 200,000 yuan for abuse of power, bribery, and embezzlement of public funds.

Gao Xiaodan, Director of the First Division of the Supervision Bureau of the Supreme People's Court: The "Provisions on the Recording and Accountability of Internal Personnel of Judicial Organs Engaging in Cases" stipulates that internal personnel of judicial organs "shall not violate the provisions to interrogate and interfere in cases being handled by other personnel" and "shall not intercede or greet the parties to the case in any way". Zhou Moumou violated the law and rules in violation of the law, seriously violated the "three regulations", asked for intercession for the parties, accepted money from the parties, handled cases in violation of regulations, used the case for personal gain, and was finally imprisoned, which is really his own fault.

Improper contact or interaction with parties, lawyers, and so forth must not be conducted

From 2009 to 2020, Kang Moumou of an intermediate court in Tianjin, while serving as the president of a basic level court and the vice president and president of an intermediate court, repeatedly accepted cash, bank cards, and Shopping cards and other property totaling 235,000 yuan to participate in a banquet organized by the director of a law firm to seek his attention. Kang Moumou also had other disciplinary and legal problems. In May 2022, he was expelled from the party and dismissed from public office, and his suspected crime was transferred to the judicial authorities for handling.

Gao Xiaodan: As a leading cadre of the court, Kang Moumou should have set an example and taken the lead in implementing the "Three Provisions", but he ignored the rules of discipline and ignored the "Three Provisions", repeatedly accepted property from lawyers, private business owners, etc., and accepted banquets from lawyers in violation of regulations, which became a negative example of violating the "Three Provisions".

Failure to truthfully record reports is subject to accountability

In 2023, the leadership of the Supreme Court recorded 129 pieces of reported information, and the heads of various departments recorded 1,022 pieces of reported information.

In the fourth quarter of 2023, we will organize and carry out general inspections in courts across the country, and promote the high courts to focus on seriously interviewing and urging rectification of the 215 court presidents who have "zero reports" for several months.

In 2023, more than 2,500 court officers and police officers involved in violating the "Three Provisions" will be held accountable, of which 723 police officers will be held accountable and not truthfully recorded and reported through reverse investigation of cases of violations of discipline and law, forming a warning and educational effect of "one accountability, one vigilance". Gao Bo, deputy head of the discipline inspection and supervision group of the Central Commission for Discipline Inspection and the State Supervision Commission in the Supreme People's Court, commented that the overall situation of the court system's compliance with the "three provisions" continues to improve.

Gao Bo: In 2023, 213,200 pieces of information will be filled in by the "top leaders" and team members of courts at all levels across the country, and 582,300 pieces of information will be filled in by post judges, which together account for 41.04% of the total number of reports. However, we have also noticed in our work that there are still some judges and police officers who do not deeply understand that the "three provisions" are not only a serious political discipline, but also a safety net for judges' careers in the new era.

The "Three Provisions" clearly require that leading cadres and internal personnel of judicial organs interfering with prying into cases shall be comprehensively and truthfully recorded, so that traces of the entire process can be traced and verified. After the promulgation of the "Three Provisions", the Supreme People's Court formulated implementation measures, issued opinions on a number of relevant mechanisms, and developed and built a record and reporting platform that connects the four levels of courts across the country and covers all court officers and police. Where judicial personnel do not truthfully record or report interference in cases, they should also be reported and held accountable.

The Supreme People's Court reported on the case of six police officers of a grassroots court in Beijing who did not truthfully record and report the circumstances of others interfering in cases.

Gao Xiaodan: In this case, Zhang Moumou and other 6 people encountered the situation of the court's personnel prying into the case, and because of the situation, they did not truthfully record and report, and did not take to heart that "truthfully recording and reporting is a responsibility, and not truthfully recording and reporting is a violation of discipline".

"Refusing to intervene and handling cases in accordance with the law" has become the conscious behavior of cadres and policemen

In 2023, there will be more than 1,211,500 court officers and police officers nationwide, and more than 1,938,500 pieces of recorded and reported information, an increase of 7.5 times and 11.8 times respectively compared with 2022. Judging from the content of the information recorded in the report, the vast majority of them are supervising the work of the courts, and a very small number are interfering with cases in violation of regulations.

Liao Xiangyang: "If there is a question, it must be recorded, and everything should be reported" has become the ideological consciousness of the cadres and police; "refusing to intervene and handling cases according to law" has become the consciousness of the cadres and police, and there are "three regulations" to support them, and they dare to resolutely say "no" to the behavior of interfering in cases in violation of regulations; Nowadays, as long as the "three provisions" are mentioned, and it is stated that cases of interference in the administration of justice and interference must be recorded, reported, and held accountable, most people who ask for intervention will be "deterred." The effectiveness of the "Three Provisions" system to prevent "personal favor cases", "relationship cases" and "money cases" is becoming increasingly apparent.

Blocking the "back door" of soliciting entrustment in violation of regulations and interfering in inquiries, the courts at the same time open the "front door" to accept the people's supervision, and further unblock and broaden the channels for the masses to report problems and demands through various methods such as the litigation service window, the 12368 litigation service platform, the court complaint and reporting platform, and the president's mailbox, so as to more actively and consciously accept the supervision of the masses, and to "reply to the people's letters and visits" and resolutely safeguard the legitimate rights and interests of the people.