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Editor's note: On April 30, the Supreme People's Court held a conference on criminal trials, at which President Zhang Jun emphasized the need to "see you in court", with key evidence being of one quality and one evidence, and key witnesses in major, difficult, and complex cases and cases of not admitting guilt appearing in court to testify. This correct orientation is a huge test for the prosecution and defense, especially the prosecutor's ability to ask questions and debate in court.
Source: Supreme People's Court
On April 30, the Supreme People's Court organized and convened a video conference on criminal trial work, taking issues as the guide, unifying the ideological understanding of criminal trial lines and clarifying work requirements. Zhang Jun, Secretary of the Party Leadership Group and President of the Supreme People's Court, attended and delivered a speech.
Summary: In the struggle of facts and legal theories in criminal trials, it is necessary to do a solid job of "seeing you in court." How to do a solid job in court trial? The meeting emphasized that the trial should be the center of the trial. Key evidence is evidenced and qualified, promoting the appearance of key witnesses in court to testify in major, difficult, and complex cases where the defendant does not admit guilt, ensuring that court plays a decisive role in ascertaining facts, identifying evidence, protecting litigation rights, and making fair judgments.
The Supreme People's Court organized a video conference on criminal trial work to emphasize
Efforts should be made to improve the quality and efficiency of trials and the quality of the team
Promote the high-quality development of criminal trial work
On April 30, the Supreme People's Court organized and convened a video conference on criminal trial work. Zhang Jun, Secretary of the Party Leadership Group and President of the Supreme People's Court, attended and delivered a speech.
Criminal trials bear the important function of punishing crimes and protecting the people, and are related to national security and social stability, to the support of the people, the foundation of governance, social justice, and the authority of the rule of law. How to implement Xi Jinping Thought on the Rule of Law in criminal trial work, further improve the quality and efficiency of criminal trials, better serve the overall situation of the Party and the country's work, and safeguard the fundamental interests of the people?
"We are resolute and effective in maintaining security and stability, proactive in serving high-quality development, continuously strengthening judicial safeguards for people's livelihood, and paying equal attention to crime and governance. The meeting pointed out that since last year, under the strong leadership of the Party Central Committee with Comrade Xi Jinping as the core, the people's courts have focused on the theme of "fairness and efficiency" in trial work, giving full play to the role of criminal trial functions, serving the overall situation and serving the people's justice, deepening innovation in criminal trial concepts, systems and practices, strengthening trial management and line guidance, persisting in active performance of duties, focusing on improving quality and efficiency, and making new progress and achievements in all work.
"The Party and the people have higher requirements for criminal trial work, the people's courts have heavier tasks for maintaining national security and social stability, and new types of illegal and criminal cases are constantly emerging, how to keep up with and adapt to these new changes and new requirements?"
National security is the foundation of national rejuvenation, and social stability is the prerequisite for a strong and prosperous country. The hand of "strictness" must not be relaxed at any time, and those who should be sentenced to a heavy sentence must be in place; this is the sharp edge of criminal justice, and it must form a strong deterrent. It is necessary to carry out the struggle to sweep away organized crime and eliminate evil on a regular basis. Persistently and severely punish in accordance with the law, adhere to the two-pronged approach of "breaking the umbrella and breaking the net" and "cracking down on wealth and blood", and continue to promote the trial of "clearing the backlog of old cases". It is necessary to strictly grasp the policy of similar cases and batch cases. Adhere to the bottom line of the rule of law, persist in evidence-based judgments, strictly control factual evidence and the application of law, and ensure that cases can stand the test of law and history. The criminal policy of blending leniency and severity is to be applied in accordance with law on the basis of the severity of the crime, and efforts are being made to strive for better political, social, and legal effects.
How to give play to the role of criminal trials and ensure high-quality development with high-level security? The emphasis is on actively performing duties in accordance with the law and taking the initiative to take action. The meeting pointed out that it is necessary to promote the construction of a business environment based on the rule of law. Accurately grasp the boundaries between administrative violations and criminal offenses, and where civil or administrative means can be used to resolve them, criminal means should not be easily used. Improve mechanisms for the transfer of leads on violations and crimes in the economic field, strengthen research on new types of economic crimes, and support relevant units in increasing their capacity for prevention and governance. It is necessary to vigorously promote the compliance reform of enterprises involved in cases. Extend from the "small incision" of criminal trials to the "whole process and all fields" of litigation, and from the criminal field to the civil, administrative, and enforcement fields, so as to make full use of the enterprises involved in the case, and strive to maximize the compliance benefits of the enterprises involved in the case. Cases of economic crimes involving the public should be properly handled in accordance with law. Closely rely on the leadership of the political and legal committees of the party committees, form a joint force with the public security and procuratorial organs to recover stolen goods and recover losses, and make the issue of property investigation and disposal an important part of the trial, and should pursue and retreat as much as possible, so as to recover the losses of the victims to the greatest extent and ensure social stability.
In the face of the continuous increase in the number of cases, how can we do a good job of managing the source of real complaints by integrating them into social governance? The meeting emphasized that only by taking care of judgments and not thinking about curing, and only focusing on treating the symptoms and ignoring the root causes, will more and more cases be handled; only by punishing and preventing at the same time and treating both the symptoms and the root causes can we win the initiative in work. It is necessary to be sensitive to discovering problems and making suggestions from frequent and high-incidence cases. Submit high-quality judicial recommendations and work recommendations for common and trending issues, strengthen communication with relevant regulatory departments, and coordinate efforts to plug loopholes in the system and make up for shortcomings in governance. It is necessary to conscientiously prevent "people from turning into criminals" and "minor crimes from becoming serious crimes." Cases caused by civil contradictions, and cases in which a small controversy turns into a vicious crime, should not only be punished in accordance with the law, but also attach more importance to resolving the contradictions, and should not be judged at once. It is necessary to adhere to and develop the "Fengqiao experience" in the new era, do a solid job of guiding the statutory duty of mediation, summarize the lessons of such cases, and guide grassroots units and mediation organizations to attach importance to and do a solid job of preventing and resolving the source of conflicts, so as to prevent tragedies from occurring. It is necessary to take comprehensive measures to punish and prevent juvenile crime. In dealing with juvenile crimes, blindly punishing them is by no means the solution, and prevention at the source is the only way to cure the root cause. It is necessary to combine corrections and corrections, integrate the active performance of duties by the judiciary, connect families, schools, society, the Internet, and government protection, do a good job of grasping the front end, treat diseases before they occur, and jointly weave a dense "protective net" for the prevention of juvenile crime.
In recent years, the proportion of misdemeanors has continued to rise, and how can we effectively promote the management of misdemeanors in accordance with the law and consolidate the country's long-term peace and stability? The meeting pointed out that behind every case is politics and carries the will of the people, and on the basis of strictly following the law, it is necessary to look at the results of punishment and management at a deeper level. It is necessary to comprehensively deal with cases of multiple misdemeanors. For crimes such as drunk driving, aiding and abetting, and concealment, persist in combining punishment and prevention, emphasizing prevention, strengthening the connection between criminal punishment, and shifting from heavy criminal punishment after the fact to heavy supervision and prevention. It is necessary to make full use of the system of leniency for those who admit guilt and accept punishment. The emphasis is on reviewing whether the facts and evidence are truly sufficient, and on reviewing whether the defendant voluntarily admits guilt and accepts punishment, sincerely admits guilt and repents, and advances leniency, simplicity, and speedy handling in accordance with law, giving the defendant a real opportunity for leniency and a way out for reform. It is necessary to cooperate with each other and restrain each other. Deepen the trial-centered reform of the criminal procedure system, transmitting the standards and requirements, responsibilities, and pressures of trial to the prosecution and investigation links, so that doubtful evidence cannot be admitted, and illegal evidence is resolutely excluded, strictly grasped and never accommodated. Improve mechanisms for consultation and coordination between public prosecutors, procuratorates, and law, and promote the resolution of difficult problems that restrict the quality and effectiveness of criminal trials at the source.
In the struggle of facts and the debate of legal principles in criminal trials, it is necessary to do a solid job of "seeing each other in court," and how to do a solid job in court trial? The meeting stressed that in order to do a real trial, the trial should be the center. Key evidence is evidenced and qualified, promoting the appearance of key witnesses in court to testify in major, difficult, and complex cases where the defendant does not admit guilt, ensuring that court plays a decisive role in ascertaining facts, identifying evidence, protecting litigation rights, and making fair judgments. The procedural rights of defendants and lawyers should be fully protected. A fair judicial image, a standardized presiding over court hearings, and a civilized treatment of lawyers are the basic qualities of judges, and they are also the basic requirements for ensuring the effectiveness of court trials. Lawyers should be respected, truly protecting lawyers' right to practice in accordance with law, fully protecting the procedural rights of defendants and lawyers, striving for better trial results, and ensuring substantive justice through procedural fairness.
The meeting pointed out that the first instance is the foundation and the second instance is the key, and the courts of first and second instance should strictly control the facts and evidence from the source to ensure "zero errors." Where there are outstanding problems in facts or evidence that lead to a wrongful judgment, they should be strictly held accountable in accordance with discipline and law. Strictly implement the Party's criminal policies, where civil disputes lead to vicious crimes, and where the offender sincerely repents and the injured party forgives, leniency shall be reflected in accordance with law;
How should the criminal trial division of a higher court assume the responsibility of supervising and guiding the line? The meeting pointed out that it is necessary to properly handle appeals and retrial cases. A criminal complaint petition is a "door-to-door investigation". The president or division head of the court in charge should give priority to handling major, difficult, or complex criminal appeal cases, discovering problems in the criminal trial work of the court and that court, and strengthening targeted guidance. It is necessary to establish and make good use of the people's courts' case database and legal answer network. Develop the habit of frequent review and study, and even for simple cases, pay attention to using reference cases to strengthen the interpretation of the law and reasoning, answer questions after judgment, and reduce unnecessary appeals and appeals.
How to build a high-quality and professional contingent of criminal judges? The meeting stressed the need to integrate and promote political and professional construction. Attaching great importance to professional study and study, we must not think that we are still handling the same routine cases as before, and we must not fall into the mistake of using old experience to deal with new situations. It is necessary to actively perform their duties and integrate political requirements and the spirit of the rule of law into the handling of cases, not only to "do their best" in handling cases, but also to jump out of cases to "reach the masses", and promote the governance of the state and society. It is necessary to strengthen trial management and contingent management. Comprehensively and accurately implement the judicial responsibility system, and do a solid review of cases, emphasizing not only the trial responsibility of judges and collegial panels, but also the supervision and management responsibilities of the adjudication committee and court presidents. Integrate and integrate "case evaluation" and "person evaluation", earnestly carry out case quality index management and performance appraisal of all employees, and do a good job of investigating people by cases, facts, and governors. It is necessary to do solid strict management and love as one. Solidly carry out the study and education of party discipline, and strengthen the uprightness, discipline and anti-corruption with a strict tone. Scientifically define the scope of investigation for wrongful cases. Where there is intentional or gross negligence in the trial of an illegal law, causing a wrongful judgment, responsibility is to be pursued in accordance with discipline and law; where there is no fault and the case is handled in strict accordance with procedures, and where an error in the judgment is caused by objective reasons, it is not to be pursued in accordance with discipline and law. It is necessary to care about politics, support in work, and ensure remuneration, support and encourage more, solve problems and solve problems, so that criminal trial positions can retain, cultivate, train, and achieve people, and ensure that the criminal trial team is loyal, clean, and responsible, and worthy of the important tasks of the times.
Yang Wanming, Shen Liang, and Li Yong, leaders of the Supreme People's Court in charge of criminal trial work, attended the meeting, and relevant leaders and judges of the court's criminal trial line attended.
Source: People's Court News Media Headquarters