PART ONE
<h1 class="pgc-h-arrow-right" > topic import</h1>
Some time ago, this issue analyzed the content of the Decision of the Standing Committee of the National People's Congress on Authorizing the Supreme People's Court to Organize and Carry Out the Pilot Reform of the Function Positioning of the Four Levels of Courts (Npc Standing Zi [2021] No. 38) deliberated and decided at the 30th session of the Standing Committee of the 13th National People's Congress. On September 27, 2021, the SPC formulated the Implementation Measures for Improving the Pilot Reform of the Adjudication Function Positioning of The Four-Level Courts in order to implement this decision. This article will continue to analyze the content of the measures, current laws and regulations and practical experience, and the jurisdiction of these 12 provinces and cities (Beijing, Tianjin, Liaoning, Shanghai, Jiangsu, Zhejiang, Shandong, Henan, Guangdong, Sichuan, Chongqing, Shaanxi) is indeed different.
PART TWO
< h1 class="pgc-h-arrow-right" > bright spot analysis</h1>
01[Implementation Measures] Highlight 1
The most important change is that the SPC has further clarified the functions and tasks of the four levels of courts. "Basic level people's courts focus on accurately ascertaining facts and resolving disputes in substance; intermediate people's courts focus on effectively finalizing trials in the second instance and accurately determining points and stopping disputes; higher people's courts focus on correcting errors in retrials in accordance with law and unifying adjudication standards; and the Supreme People's Court supervises and guides trial work throughout the country and ensures the correct and uniform application of laws." In cooperation with the system of reporting for trial and promoting trials, as well as the gradual improvement of the quality of judicial personnel, a judicial environment of "putting down" and "bringing up" has gradually formed.
02[Implementation Measures] Highlight 2
For litigation participants, the most important change in provisions should be that the scope of the intermediate people's court's jurisdiction over first-instance administrative cases is limited. As far as general administrative litigation participants are concerned, the most important legal provision of the Administrative Procedure Law on jurisdiction at different levels is "Article 15: Intermediate people's courts have jurisdiction over the following first-instance administrative cases: (1) Cases in which litigation is initiated against administrative acts made by State Council departments or local people's governments at or above the county level." This provision can generally effectively solve the problem of "home and away of administrative litigation", and both lawyers and general parties hope to raise the trial level as much as possible.
In order to optimize the function of adjudication and improve judicial efficiency, Article 2 of the Provisions entrusts the jurisdiction of the basic level courts to the basic level courts over some cases that should be under the jurisdiction of the intermediate people's courts in accordance with the administrative procedure law. These include: (1) open government information cases; (2) cases of non-performance of legally prescribed duties; (3) cases in which administrative reconsideration organs do not accept or procedurally reject applications for reconsideration; (4) cases of administrative rulings on disputes over the ownership of natural resources such as land, mountains and forests. The characteristics of these four types of cases are that the caseload is large and the trial is not difficult.
03[Implementation Measures] Highlight 3
The importance of similar case queries is even more prominent. In accordance with the requirements of "the same case and the same judgment, similar case search" in the Guiding Opinions of the Supreme People's Court on strengthening the search for similar cases in the Unified Application of Law (for Trial Implementation) implemented from 2020 onwards, the task of inquiring into similar cases has been more explicitly added to lawyers in practice. The "Implementation Measures on Improving the Pilot Reform of the Trial Function Positioning of the Four Levels of Courts" further highlights the value of inquiries in similar cases. Article 4 of the Measures stipulates that "where a basic level people's court considers that a first-instance civil, criminal or administrative case under its jurisdiction falls under its jurisdiction in one of the following circumstances and needs to be tried by an intermediate people's court, it may report to the people's court at the level above for trial: ... (4) Where there are major differences in the application of law in similar cases in which judgments have taken effect in the past three years between the people's courts at the level above or the basic level people's courts within their jurisdiction, and they have not been resolved as of the time the case is tried; "Articles 5 and 14 also provide that the circumstances in which the Higher People's Court is promoted to a higher level for trial and the Supreme People's Court shall rule on the arraignment may refer to similar cases.
At the same time, it also highlights the importance of lawyers, especially in the second-instance and retrial links. Article 16 of the Measures stipulates: "Where a party applies to the Supreme People's Court for a retrial, the Supreme People's Court shall explain to them the necessity of retaining a lawyer as an agent ad litem." "Those who do not have a lawyer must also apply for legal aid. This provision is a further extension of the compulsory representation system for lawyers.
PART THREE
<h1 class="pgc-h-arrow-right", > lawyer said</h1>
Remind the majority of readers to correctly understand the law and legal provisions, believe that professional people do professional things, and learn to protect their rights and interests through reasonable and legal channels. It is expected that the judicial environment and the rule of law environment will be further optimized.
(Author Li Yinlei, Trainee Lawyer)