The Supreme People’s Court work report
Xinhua News Agency, Beijing, March 17th
The Supreme People’s Court work report
— — At the first meeting of the 14th National People’s Congress on March 7th, 2023.
Zhou Qiang, President of the Supreme People’s Court
Delegates:
Now, on behalf of the Supreme People’s Court, I would like to report my work to the General Assembly for your consideration, and invite members of Chinese People’s Political Consultative Conference to give their opinions.
Main work in the past five years
2022 is an extremely important year in the history of the development of the party and the country. The 20th National Congress of the Communist Party of China was held, which drew a grand blueprint for building a socialist modern country in an all-round way and comprehensively promoting the great rejuvenation of the Chinese nation with Chinese modernization. Under the strong leadership of the CPC Central Committee with the Supreme Leader as the core, and under the strong supervision of the National People’s Congress and its Standing Committee, the courts all over the country have resolutely built political loyalty, firmly maintained security and stability, served the overall situation of development according to law, effectively protected people’s livelihood rights and interests, deepened the reform of the judicial system, and made efforts to forge the iron army of the courts. The Supreme People’s Court accepted 18,547 cases and concluded 13,785 cases; Local people’s courts at all levels and special people’s courts accepted 33.704 million cases, concluded and executed 30.81 million cases, with a closing amount of 9.9 trillion yuan.
In the five years since the 19th National Congress of the Communist Party of China, our party has United and led the people to effectively cope with the severe and complicated international situation and the huge risks and challenges that followed, and promoted the great achievements that attracted worldwide attention in the cause of the party and the country. Over the past five years, under the guidance of the Supreme Leader’s Socialism with Chinese characteristics Thought in the New Era, the Supreme People’s Court has thoroughly implemented the Supreme Leader’s thought on the rule of law, comprehensively implemented the spirit of the 19th National Congress of the Communist Party of China and its previous plenary sessions, conscientiously studied and implemented the spirit of the 20th National Congress of the Communist Party of China, implemented the Regulations on Political and Legal Work in the Communist Party of China (CPC), conscientiously implemented the resolutions of the previous sessions of the 13th National People’s Congress, and profoundly understood the decisive significance of the "two establishments". Strengthen the "four consciousnesses", strengthen the "four self-confidences" and achieve the "two safeguards", closely focus on the goal of "trying to make the people feel fair and just in every judicial case", adhere to the principle of serving the overall situation, serving the people and administering justice fairly, faithfully perform the duties entrusted by the Constitution and laws, and promote the work of the people’s courts to achieve new changes and development. Earnestly implement the amnesty decree of the Supreme Leader Chairman and the National People’s Congress Standing Committee (NPCSC)’s amnesty decision, and decide to grant amnesty to 23,593 criminals according to law on the eve of the 70th anniversary of the founding of New China. From 2018 to 2022, the Supreme People’s Court accepted 149,000 cases and concluded 145,000 cases, up by 81.4% and 81.5% respectively over the previous five years, and formulated 114 judicial interpretations.119 guiding cases were issued to strengthen the supervision and guidance of court trials throughout the country; Local people’s courts at all levels and special people’s courts accepted 147 million cases, concluded and executed 144 million cases, and the amount of closed cases was 37.3 trillion yuan, up 64.9%, 67.3% and 84.7% respectively over the previous five years. By giving full play to the role of judicial function, we will promote the construction of a higher level of peaceful China and China ruled by law, and provide powerful judicial services and guarantees for building a well-off society and a socialist modern country in an all-round way.
I. Resolutely safeguard national security, social stability and people’s peace.
We have fully implemented the overall concept of national security and adhered to the criminal policy of combining leniency with severity. In the past five years, we have concluded 5.906 million criminal cases of first instance and sentenced 7.761 million criminals.
Resolutely safeguard national political security. Severely punish all kinds of crimes such as infiltration, subversion, violent terror, ethnic division and religious extremism, and firmly safeguard the security of state power, system and ideology. Trial Shi Zhengping, Li Mengju, Li Henry, Chatal Shawuti and other cases, and severely punish criminals who spy, steal secrets, finance criminal activities endangering national security and attempt to split the country. Counter illegal sanctions and "long-arm jurisdiction" in accordance with the law and firmly defend national sovereignty, security and development interests.
Resolutely safeguard social stability. We continued to carry out the struggle against evil, and concluded 39,000 cases involving evil and 261,000 people according to law. Sun Xiaoguo, Du Shaoping, Chen Huimin and Huang Hongfa were sentenced and executed according to law. The implementation of "black wealth" reached 246.1 billion yuan. A group of "village tyrants", "street tyrants" and "mine tyrants" who harmed one side were brought to justice. Punish epidemic-related crimes according to law, maintain normal epidemic prevention order, and optimize and adjust judicial policies. Strictly punish illegal crimes that infringe on the rights and interests of medical personnel, such as violent injury to doctors, disturbing doctors and making troubles, and earnestly safeguard the safety and dignity of angels in white. Punish the crime of assaulting a police officer according to law, and let those who violently resist the law pay the price. 238,000 cases of serious violent crimes such as intentional homicide, rape, robbery, kidnapping, arson and explosion were concluded, and 347,000 cases of drug crimes were concluded, with 442,000 people. A number of criminals with extremely serious crimes such as Gao Chengyong, Zhang Weiping and Chen Yuping were sentenced to death according to law. In general, criminal cases and serious violent crimes in China have been on the decline, and the people’s sense of security has been significantly enhanced.
Punish corruption crimes according to law. Cooperate with the reform of the national supervision system, improve the linkage mechanism between supervision and law enforcement and criminal justice. 119,000 cases and 139,000 cases of duty crimes such as corruption and bribery were concluded. 92 former middle-ranking cadres, including Sun Zhengcai, were severely punished according to law, Zhao Zhengyong, Sun Lijun, Wang Like, Fu Zhenghua and Leo Liu were equally sentenced to life imprisonment according to law, and Lai Xiaomin was sentenced and executed according to law, demonstrating the firm determination of the CPC Central Committee to punish corruption and eliminate greed. Resolutely punish "fly greed" and "ant rot" that infringe upon the interests of the masses, and punish hell to pay for corruption crimes such as misappropriating funds for benefiting farmers, deducting compensation for land acquisition, and embezzling subsidies for renovation of dilapidated buildings. 12,000 cases and 13,000 people of bribery crimes were concluded, and bribery crimes of repeatedly paying bribes, paying huge bribes and "hunting" cadres for a long time were severely punished. We tried 979 cases in which Xu Chaofan and other fugitives returned to China for trial. Cheng Sanchang, who had fled for a long time, was tried in absentia, and the illegal income at home and abroad of dead or fleeing corrupt elements such as Zhang Zhengxin and Peng Xufeng was ruled to be confiscated. The "legal net" of pursuing and recovering was becoming tighter and tighter, which had a great shock to corrupt elements.
Punish information network crimes according to law. 226,000 cases of telecommunication network fraud and related crimes have been concluded, and every effort has been made to help the deceived people recover their losses. A number of criminals involved in cross-border telecommunication network fraud such as "10 18" and "11 20" have been brought to justice. Punish crimes such as infringing citizens’ personal information and helping information network criminal activities according to law, and intensify the crackdown on the whole chain. Through the trial of online fraud cases such as single rebate, false financial management, and dating traps, we will expose the innovative fraud routines and help the whole people fight fraud. Severely crack down on online gambling crimes, and severely punish defendants in cross-border gambling criminal syndicates such as Zhang Ningning. We will try cases involving network "water army" and network "black public relations", severely punish criminal acts of spreading false information and endangering network ecology, and never allow cyberspace to become a place of extra-legality.
Punish crimes that endanger the vital interests of the masses according to law. We concluded 30,000 criminal cases with 46,000 people endangering food and drug safety, severely punished unscrupulous counterfeiters, and banned criminals who manufacture and sell toxic and harmful foods in accordance with the law to protect people’s table safety and medication safety. We will launch a special campaign to crack down on the crime of medical insurance fraud and severely punish behind-the-scenes organizers and professional fraudsters. Severely crack down on the rectification of pension fraud, conclude illegal fund-raising cases against the elderly, such as "Laoqingxiang", "Sunset Red" and "House for the Elderly", and sentence 4,523 criminals to recover 3.19 billion yuan to protect the people’s pension money.
Maintain public safety according to law. 11,000 criminal cases with 20,000 people endangering production safety were concluded, and a number of persons responsible for serious production safety accidents were sentenced to heavy penalties according to law to safeguard the lives and property of the people. In view of the safety problems that the public is worried about, such as throwing objects at high altitude, stealing manhole covers, and hindering safe driving, judicial policies have been issued to promote comprehensive management and effectively safeguard the safety of the masses "above their heads" and "under their feet" and during travel.
Second, serving according to law, building a new development pattern and promoting high-quality development
Completely, accurately and comprehensively implement the new development concept, conclude 24.723 million commercial cases of first instance, maintain market order, optimize the legal environment, and serve the high-quality development of economy and society.
Help stabilize the economy and increase confidence according to law. In the three years since the epidemic prevention and control in COVID-19, the people’s courts have tried their best to reduce the burden on enterprises and help the masses solve problems. Twenty articles were issued to help small and medium-sized enterprises develop, and to solve the urgent problems of small and medium-sized enterprises such as squeezing the space for survival and development and defaulting on accounts. We will introduce 30 measures to promote consumption, severely rectify the "overlord clause", consumer fraud, prepaid consumption traps and other behaviors, protect new retail formats and new individual economies according to law, support and standardize diversified business models such as social e-commerce, and promote the enhancement of consumer confidence. Fourteen articles on stable employment were issued, and the wage judgment standards for home office or flexible office were clarified, so as to safeguard the legitimate rights and interests of college graduates in employment probation and probation, and to protect the rights and interests of employers and workers in a balanced way. Properly resolve 779,000 epidemic-related disputes such as contract performance, store leasing, logistics and transportation, and most of them were resolved through mediation and reconciliation, helping large, medium and small enterprises to understand each other, help each other and tide over difficulties together. We will actively coordinate the small and medium-sized enterprises and individual industrial and commercial households affected by the epidemic to fulfill their debts by delaying payment and installment payment, and encourage owners or creditors to reduce rent and overdue interest. Adhere to good faith and civilized justice, and adopt "live seal and live buckle" according to law for the property that should be sealed up and preserved, effectively releasing the use value and financing function of the seized property involved in 3.61 million cases. 1.79 million enterprise credits were repaired in time, and compulsory measures were suspended for 130,000 enterprises.Through a series of flexible measures of "releasing water to raise fish", trustworthy enterprises can get rid of difficulties and go into battle lightly. Courts in Inner Mongolia, Liaoning, Hubei, Hunan, Guangxi, etc. have implemented the economic impact assessment mechanism of enterprise-related cases, while courts in Tianjin, Hebei, Shanghai, Zhejiang, Shandong, Guangdong, etc. have taken the initiative to provide legal services for enterprises that rush to the sea to fight for orders and try their best to create a "warm environment" for market players to fight for the economy.
Serving innovation and driving development according to law. Strengthen judicial protection of intellectual property rights and stimulate innovation. 2.194 million IPR cases were concluded in the first instance, up by 221.1% year-on-year. We will try high-tech cases involving 5G communications, new energy and new materials, and high-end equipment manufacturing, and increase the protection of intellectual property rights such as key core technologies, emerging industries, and key areas. Judicial interpretation of new plant variety rights was issued, and 1,585 cases of "Jinjing 818" rice and "Danxiahong" pear tree were tried to stimulate breeding innovation. Hainan court strengthened the judicial guarantee of "Nanfan Silicon Valley", Shaanxi court established a judicial protection base for intellectual property rights of seed industry, and Gansu court set up a seed court to protect "agricultural chips". Opinions on strengthening intellectual property protection of traditional Chinese medicine were issued, and courts in Tianjin and Jiangxi improved judicial measures to ensure the inheritance, innovation and development of traditional Chinese medicine. Intensify punitive damages. In 2022, the amount of compensation for IPR infringement cases increased by 153% compared with 2018. China’s specialized trial system for intellectual property rights has basically taken shape.
Serving according to law and optimizing business environment. The quality of judicial procedures has maintained a leading position in the world, making a positive contribution to the world ranking of China’s state-owned business environment. Strengthen the judicial protection of property rights, implement the principle of equal protection, and treat all state-owned private enterprises, domestic and foreign-funded enterprises, large, medium and small enterprises equally and equally. Retrial was conducted according to law to correct 209 major criminal wrongs involving property rights, such as Zhang Wenzhong case, involving 283 people. Compulsory measures such as bail pending trial and residential surveillance were applied to 6,250 detained business operators, and 290 business operators involved were acquitted according to law, resolutely preventing economic disputes from being treated as crimes, and resolutely protecting the legitimate property rights and interests of market participants. Carry forward the spirit of contract through judicial judgment, confirm the validity of contracts in accordance with the law in the trial of sales contracts, equity transfer and other cases, and encourage honest transactions. Strengthen contract execution and reduce transaction costs. We will strictly prevent the evasion of debts through false litigation, and resolutely pursue legal responsibilities for malicious arrears of accounts, impairment of assets and expansion of debts. Punish crimes that undermine the order of the market economy, such as contract fraud, collusive bidding and false bankruptcy, according to law. We will try administrative agreement cases according to law, promote administrative organs to improve the mechanism of keeping promises and keeping promises, and protect the legitimate rights and interests of private economic and social capital partners.
Maintain fair competition in the market according to law. 29,000 cases of monopoly and unfair competition were concluded. We will try monopoly cases in the fields of medicine, telecommunications, building materials and cultural consumption, punish monopoly agreements and abuse of market dominance according to law, and protect the vitality of market competition and the legitimate rights and interests of consumers. Punish acts that violate the principle of good faith and business ethics, such as infringement of business secrets and malicious registration of trademarks. Strengthen the judicial protection of traditional brands, time-honored brands and well-known trademarks, try cases involving trademark rights and unfair competition such as Wuchang Rice, Qinzhou Yellow Millet and Yunnan Baiyao, and stop "alongside famous brands" and "hitchhiking". Say no to "green pepper" and other "porcelain-touching rights protection", support legitimate operators and let illegal operators be punished.
Promote the healthy development of digital economy according to law. We will try cases such as big data ownership transactions and unfair competition of public data, and clarify the rules for judicial protection of data rights. Punish the abuse of data and algorithms to exclude and restrict competition, and resolutely stop the "big data killing", forced "two choices" and other "big store bullying" behaviors. Standardize new formats and modes such as live broadcast with goods and pay-per-view on demand, protect innovative management and punish illegal profit-seeking. Zhejiang Wenzhou court actively explores the professional trial mechanism of data resources. The courts in Beijing, Tianjin and Shanghai banned the piracy of the Beijing Winter Olympics and the World Cup in time to promote the optimization of the digital culture market environment.
Create a good financial environment ruled by law. 101,000 financial crime cases and 10.377 million financial civil and commercial cases were concluded, helping to serve the real economy and prevent and control financial risks. Significantly reduce the upper limit of judicial protection of private lending interest rates, deny the effectiveness of disguised high-interest clauses according to law, and reduce the financing cost of the real economy. Carefully handle cases involving serial guarantee and P2P peer-to-peer lending, and prevent and resolve financial risks by means of marketization and legalization. Judicial interpretations were issued to punish crimes such as illegal fund-raising and manipulation of the securities and futures markets, and there was zero tolerance for financial fraud, "rat warehouse" and other capital market crimes. The judicial interpretation of securities class action lawsuit was issued to protect the legitimate rights and interests of small and medium-sized investors. In the Kangmei Pharmaceutical case, 55,000 investors were compensated 2.459 billion yuan through special representative litigation. Science and technology innovation board, Growth Enterprise Market and Beijing Stock Exchange successively issued judicial protection opinions to serve the basic system reform of the capital market.
Promote the efficient allocation of market factor resources. 47,000 bankruptcy cases were concluded, involving 6.3 trillion yuan of creditor’s rights. High-debt enterprises that still have market potential were reborn through legal restructuring, and enterprises that were insolvent and hopeless were declared bankrupt and the market was cleared. Explore the personal bankruptcy system, so that honest and unfortunate debtors can have a chance to return to the market to fight hard. We promoted "breaking through through" and handled 15,000 cases of bankruptcy. 2,801 bankruptcy and reorganization cases were concluded, 3.4 trillion yuan of assets were revitalized, 3,285 enterprises were helped out of difficulties, and 923,000 employees were stabilized. The bankruptcy reorganization case of HNA Group successfully resolved the debt risk of 1.1 trillion yuan, and a number of valuable and promising enterprises such as Peking University Founder, Ziguang Group, yongtai energy, Dachuan Offshore Engineering, "Construction Engineering Department", Zhongfu Industry, Guiyang Big Data Exchange and Qinghai Salt Lake Co., Ltd. were reborn through bankruptcy reorganization.
Serve rural revitalization and regional coordinated development according to law. Introduce judicial policies to serve poverty alleviation, rural revitalization and agricultural and rural modernization. We will try cases involving "separation of powers" in rural land according to law, support the orderly transfer of land management rights according to law, and protect the legitimate land rights and interests of farmers who have settled in cities. Properly resolve disputes over the production and marketing of agricultural products, investment in characteristic industries, rural e-commerce and rural tourism, and optimize the rural business environment. Heilongjiang court opens green channel to ensure spring ploughing production. Shandong court promotes the development of Shouguang vegetables and other industries with professional courts. Jiangsu court resolved the dispute over the clearance of 10,000 mu of aquaculture water surface and attracted enterprises to invest an additional 400 million yuan. Follow up the major strategies such as the coordinated development of Beijing-Tianjin-Hebei, the development of the Yangtze River Economic Belt, the integrated development of the Yangtze River Delta, the new pattern of western development, the comprehensive revitalization of the Northeast, the high-quality development of the central region, the construction of xiong’an new area, and the construction of the twin-city economic circle in Chengdu and Chongqing, and formulate judicial service policies. Support the construction of Nanjing rule of law park and legal areas in Jilin, Fujian and Sichuan. Support the Hebei court and the State Sports General Administration to build a research base on legal issues of ice and snow sports to help the post-Olympic economic development.
Serve the construction of ecological civilization according to law. In-depth implementation of the concept of "two mountains", 1.293 million environmental resources cases were concluded, and 17,000 environmental public interest litigation cases filed by procuratorial organs and social organizations were concluded. Implement the principles of giving priority to protection, giving priority to prevention, and taking responsibility for damage, and formulate judicial interpretations such as prohibition orders and punitive damages for ecological environment infringement. We will try cases such as illegal import of "foreign garbage", falsification of environmental monitoring data, illegal reclamation of sea areas, etc., and help to fight the battle for blue sky, clear water and pure land. Yunnan court tried the public interest litigation case of preventive protection of green peacock to strengthen the judicial protection of biodiversity. We will improve the judicial policies for ecological protection and restoration of the Yangtze River and the Yellow River, and the judicial cooperation of the courts in the basin will be "beaded into a chain" to jointly protect the "mother river". Jiangsu courts handed over the ecological restoration fund of the "Extraordinary Illegal Sand Mining Case in the Yangtze River" across provinces to implement integrated protection of the whole basin. Innovatively applied restorative judicial measures such as replanting and greening, proliferation and release, and ordered more than 90.85 million trees to be replanted and more than 510 million fry released. Guizhou courts support subscription of carbon sinks to restore ecology, while Fujian courts innovate the measurement and compensation mechanism of forestry carbon sinks losses to promote green and low-carbon development. Courts in Henan, Hubei, Chongqing, Shaanxi and Ningxia have built ecological judicial restoration bases in the Yellow River Wetland, Danjiang, Three Gorges Reservoir Area, Qinling Mountain and Helan Mountain, so that the damaged ecology can be restored. The Jiangxi court tried the case of the damage of the Sanqingshan Giant Python Peak according to law.Severely punish acts of vandalism of natural relics. Strengthen the judicial protection of cultural relics and cultural heritage, the case of "Zhang Gong Zushi" sitting in the Buddha statue created a new way to recover the lost overseas cultural relics through domestic civil litigation, and the courts of Shanhaiguan in Hebei and Youyu in Shanxi established a judicial protection mechanism for the cultural heritage of the Great Wall. A trial organization system of environmental resources with China characteristics has been basically established, and environmental justice in China is playing an increasingly important role in global environmental governance.
Serve the law and open to the outside world at a high level. 95,000 foreign-related commercial cases and 76,000 maritime cases were concluded. Unswervingly implement the basic national policy of opening to the outside world, and introduce judicial service policies around the high-quality construction of the "Belt and Road" and the construction of a free trade pilot zone and a free trade port in Hainan. We will implement the system of national treatment plus negative list before the entry of foreign investment, try cases such as disputes over the confirmation of shareholders’ qualifications of foreign-invested enterprises, and protect the legitimate rights and interests of Chinese and foreign investors equally. Set up 10 international commercial courts in Nanning and other places. To hear the dispute over the real right of railway bill of lading and promote the innovation of international trade rules on land. Improve the specialized trial mechanism of international railway transport cases such as China-Europe trains. Promote the construction of an international maritime judicial center, safeguard the national maritime rights and interests, and serve the development of the marine economy. The advantages of justice, efficiency and transparency in China’s maritime justice have been fully demonstrated in the trial of cases such as the seizure of the "Pralis" and the labor contract of the crew of the "Angel Power", and more and more foreign parties have taken the initiative to choose the jurisdiction of China courts. Abide by international treaties, respect international practices, and actively participate in the formulation of international rules. The China-ASEAN Chief Justice Forum, the World Executive Conference, the World Internet Rule of Law Forum, and the World Environmental Justice Conference have achieved fruitful results, and the international influence of China’s judiciary is increasing day by day.
Third, adhere to the road of justice for the people with China characteristics
Adhere to the people-centered development thought, thoroughly practice the purpose of justice for the people, implement the Civil Code, conclude 45.833 million civil cases in the first instance, focus on solving the difficult problems of the people in the judicial field, and earnestly safeguard their legitimate rights and interests.
Comprehensively strengthen the protection of personality rights. 875,000 cases of disputes over personality rights were concluded. In the judicial policy, we should improve the prohibition of infringement of personality rights, personal safety protection orders and other provisions to make personality rights more secure. The judicial interpretation of face recognition was introduced, and cases such as visual doorbell infringing on neighborhood privacy, scanning code to order food infringing on personal information, and social software collecting user information privately were tried to build a "firewall" for privacy and personal information protection. We will try cases that infringe upon the reputations of Yu Min, the meritorious service of "two bombs and one satellite", and Yuan Longping, the father of hybrid rice, so as to protect personal dignity from cyber violence. Hearing the case of "AI companion" software infringing on personality rights, it was found that unauthorized use of other people’s images to create virtual characters constituted infringement. Hearing the case of requesting the return of frozen embryos, protecting the rights and interests of widowed wives in assisted reproduction, and making a warm judgment that "human relations and reason win". Through a series of judicial policies and fair judgments, people’s face safety is guaranteed, privacy and tranquility are not disturbed, reputation and honor are not vilified, personal interests are paid more attention, and people’s value and dignity are fully respected and protected by law.
Ensure that people live and work in peace and contentment. 22.241 million livelihood cases involving education, employment, medical care, old-age care and housing were concluded. Jointly with relevant departments to issue opinions on safeguarding the rights and interests of workers in new employment forms, and promote the solution of problems such as difficult identification of labor relations, no compensation for work-related injuries, and zero payment of social security, so that new business practitioners such as courier brothers and take-away riders have dignity and security. Formulate a judicial interpretation of online consumption to protect the legitimate rights and interests of online consumers such as car rental, online shopping and new tourism. Strengthen the trial of consumer public interest litigation cases, explore the application of punitive damages, and investigate the responsibility for acts that harm consumers’ lives and health according to law. Properly handle 4.604 million cases of real estate disputes, give priority to protecting the legitimate rights and interests of buyers who just need and improve their needs according to law, and help ensure the delivery of buildings, people’s livelihood and stability.
Maintain family harmony and happiness. 8.961 million cases of marriage and family were concluded, and efforts were made to maintain the harmony of "small families" and protect the stability of "everyone". Together with the All-China Women’s Federation, we will deepen the reform of family trial, improve the systems of family mediation, family investigation and psychological counseling, and improve the protection mechanism of women’s and children’s rights and interests. We will intensify efforts to obtain evidence of domestic violence cases ex officio, issue 13,000 personal safety protection orders in a timely manner, and coordinate all parties to promote the implementation of the protection orders. We will introduce national strategic judicial measures to serve the aging population, strengthen the protection of the rights and interests of the elderly, and improve the litigation service mechanism suitable for the elderly. We will try cases of support for "empty nest" elderly people and remarried elderly people, support their spiritual support requests, make the happiness and freedom of the elderly respected in their later years, let their children often go home to see and become conscious, and carry forward the traditional virtues of filial piety and respect for the elderly of the Chinese nation.
Care for the healthy growth of children. We will implement the principle of being most beneficial to minors, implement the system and mechanism of round-table trial, sealing up misdemeanor criminal records, bringing suitable adults to the scene, and paying a return visit to help and educate, so as to improve the juvenile justice system in Socialism with Chinese characteristics. Efforts will be made to educate and reform minors who have lost their footing, and the number of juvenile offenders sentenced will be reduced from 56,000 in 2013 to 28,000 in 2022. Be tolerant but not conniving, and punish those who are subjective and vicious, cruel and incorrigible according to law. There is zero tolerance for crimes against minors, and the severe punishment should be resolutely sentenced according to law. Together with the Ministry of Education, we issued opinions, strictly enforced the prohibition system for criminals who infringe on minors in accordance with the law, and sentenced 202 defendants to be banned from engaging in close contact with minors for life. We implemented the Family Education Promotion Law, issued 10,308 family education orders, and urged parents to fulfill their family education responsibilities according to law. Work with relevant units to prevent bullying and violence among primary and secondary school students, and actively prevent minors from indulging in the Internet or being infringed by the Internet. We will carry out a pilot project of the linkage mechanism between justice and administration, family, school and community protection to jointly protect the future of the motherland.
Safeguard national defense interests and the legitimate rights and interests of military personnel and their families in accordance with the law. 2,503 cases of military-related crimes such as destroying military facilities, pretending to be soldiers, and destroying military marriages were concluded. Complete the task of judicial service guarantee for military-related suspension compensation as scheduled, and help realize that military assets will not be lost and the interests of the people will not be damaged. Military courts carry out the strategy of administering the army according to law and promote the pilot of military administrative trials. Comprehensively promote the "Xinyang model" and "Hubei, Henan and Anhui model" for military-related rights protection. The courts in Hebei, Anhui and Hunan have properly solved the law-related problems of border guards’ families, so as to reduce worries for border guards and soldiers who defend their country. Jiangsu and Jiangxi courts, together with the local government, safeguard the rights and interests of widows of revolutionary martyrs and survivors of retired soldiers according to law. We will severely punish criminals who vilify the "Ice Sculpture Company to Resist US Aggression and Aid Korea" and blaspheme heroes who defend the country and defend the border, resolutely defend the dignity and glory of heroes and heroes, and hold high the lofty integrity of heroes in the whole society.
Safeguard the legitimate rights and interests of compatriots from Hong Kong, Macao and Taiwan. 121,000 cases involving Hong Kong, Macao and Taiwan were concluded, 46,000 cases involving mutual legal assistance between Hong Kong, Macao and Taiwan were handled, and 44,000 cases involving overseas Chinese were concluded. Basically achieve full coverage of judicial assistance in civil and commercial matters between the mainland and Hong Kong and Macao. Opinions on serving the construction of Guangdong-Hong Kong-Macao Greater Bay Area, supporting and guaranteeing the construction of Hengqin Guangdong-Macao Deep Cooperation Zone, and comprehensively deepening the reform and opening-up of Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone will be issued to serve the integration of Hong Kong and Macao into the overall situation of national development. Formulate 36 judicial benefits to protect the legitimate rights and interests of Taiwan compatriots and enterprises equally. Receive internship visits from students from Hong Kong, Macao and Taiwan, and let young people from Hong Kong, Macao and Taiwan feel the achievements of the rule of law in the motherland. We will promote cross-border online filing and online diversified settlement of disputes involving overseas Chinese, and build a "heart-to-heart bridge" to safeguard the rights and interests of overseas Chinese. Hold cross-strait and Hong Kong and Macao judicial forums, give play to the role of China Judicial Research Association, inherit China’s excellent traditional legal culture, and jointly promote the development of the rule of law in China.
It is convenient for the masses to resolve conflicts efficiently. Keep close to the expectations and needs of the masses, face up to difficulties, continue to attack, and solve problems one by one. After fully implementing the registration system for filing a case and solving the long-standing problem that it is difficult for the masses to resolve disputes and file a case, it is necessary to let the masses resolve contradictions and make things easy. Courts at all levels adhere to and develop the "Maple Bridge Experience" in the new era, implement the requirements of "promoting the diversion of complicated cases, separation of light and heavy cases, and separation of speed and speed", build a one-stop diversified dispute resolution and litigation service system with China characteristics, and provide menu-style, intensive and one-stop dispute resolution services, truly leaving convenience to the masses. Construct a diversified dispute resolution mechanism. Cooperate with the All-China Federation of Trade Unions, the All-China Federation of Industry and Commerce, the Department of Veterans Affairs, the China Banking and Insurance Regulatory Commission of China, the Association of Small and Medium-sized Enterprises and other units to form a new pattern of "total-to-total" online multi-mediation covering 12 fields. Since the opening of the people’s court mediation platform, 96,000 mediation organizations and 372,000 mediators have settled in, and 38.32 million disputes have been settled online. In 2022, an average of 75 disputes per minute were successfully resolved online before litigation. Strengthen the governance of the source of complaints, the mediation platform connects 76,000 grassroots governance units online, and embeds them in villages, communities and grids, so as to resolve contradictions and disputes at the grassroots level in a timely manner and resolve them in the bud, and strive to achieve a settlement between people and peace. Provide universal and equal modern litigation services.The online service platform of the people’s court provides "one-line service" such as filing a case, paying fees, mediation, hearing and execution. The judicial service is "closed" all day, and the masses can do things in the whole process. The 12368 hotline handled litigation affairs in substance and answered 32.5 million calls from the masses. Cross-domain filing service outlets cover urban and rural areas, providing 167,000 cross-domain filing services, alleviating the pain of people’s litigation in different places. 448,000 lawyers and grassroots legal service workers registered to use the lawyer service platform, and handled 8.84 million cases of filing applications, marking papers, investigating and collecting evidence online. Optimize online intensive trial assistance services. The online preservation platform handled 1.23 million pieces of preservation, with a target amount of 4 trillion yuan. In 2022, 93% of the pre-litigation preservation was ruled within 48 hours. The average appraisal period of the entrusted appraisal system is 26 working days, which is 1/3 shorter than offline. Documents were delivered electronically for 170 million times, and 336 postal intensive delivery centers basically realized the "next day delivery" of legal documents in major cities across the country. One-stop multi-dispute resolution and litigation service system can truly solve the worries of the masses, help judges reduce their burdens and speed up justice.
Strengthen the construction of people’s courts in the new era. Vigorously create the "Fengqiao People’s Court", with 10,050 people’s courts taking root at the grassroots level, giving full play to the advantages of being in the front line of serving the people, and actively promoting urban and rural grassroots governance and building a safe and legal countryside. Inheriting and carrying forward Ma Xiwu’s trial method, courts in Inner Mongolia, Chongqing, Tibet, Gansu and Ningxia rely on horseback courts and vehicle-mounted courts to carry out circuit trials, so as to unblock the "last mile" of judicial service for the masses. The "Field Court" in Lishu, Jilin and Jiansanjiang, Heilongjiang guarded the "black soil granary"; the "Island Court" in Pingtan, Fujian served the island fishing village and prospered in the sea; the "Guomen Court" in Xishuangbanna, Yunnan protected the legitimate rights and interests of border residents and overseas Chinese; and the people’s courts in Anqing, Anhui and Fuhai, Xinjiang used the "six-foot-lane mediation method" and "winter mediation method" to resolve conflicts, so that the people could truly feel that fairness and justice were at hand.
Consolidate and expand the results of "basically solving implementation difficulties". Relying closely on the leadership of the Party Committee, we won the three-year tough battle of "basically solving the implementation difficulties", and reported to the Second Session of the 13th National People’s Congress in 2019 that the goal of "basically solving the implementation difficulties" was achieved as scheduled. Continue to consolidate the achievements of tackling key problems, maintain the high-level operation of implementation work, and strive to honor the rights and interests of the people in winning the case. In the past five years, 45.773 million cases were accepted for execution, and 45.121 million cases were executed, with an amount of 9.4 trillion yuan, which exceeded 2 trillion yuan for the first time in 2022. The network execution inspection and control system has one-click inquiry and online control of 16 types of property of the executed person nationwide, and accumulated 85.35 million cases of inspection and control, effectively solving the problem of finding things. The online judicial auction transaction exceeded 2 trillion yuan, saving 62.14 billion yuan in commission for the parties, effectively solving the difficulty of realizing property. The joint credit punishment system has made the untrustworthy executors "one place is untrustworthy and limited everywhere", and 9.18 million people have voluntarily fulfilled their obligations under the pressure of credit punishment. While strengthening the punishment of dishonesty, we should strengthen the incentive of trustworthiness. Zhejiang Lishui Court invited the trustworthy old people who started their business and paid their debts in their octogenarian years to speak for "good faith performance", which led more than 1,260 executed persons to take the initiative to perform their debts. Standardize the implementation of standard procedures, strengthen supervision and management, and improve the standardized system.For many years, we have carried out special enforcement actions involving people’s livelihood security, arrears of wages for migrant workers, and arrears of accounts for private enterprises, of which 62.68 billion yuan was involved in people’s livelihood. We will improve the long-term mechanism for solving implementation difficulties and continue to promote comprehensive management and source management of implementation difficulties. Through unremitting efforts, the implementation system and mechanism with China characteristics have been improved, and the implementation mode has undergone fundamental changes, which has effectively promoted the construction of a society ruled by law and a society with integrity.
Strengthen publicity and education on the rule of law. We will fully implement the responsibility system for popularizing the law, make full use of the Internet and other media platforms, strengthen the interpretation of the law by case, guide the whole people to enhance the concept of the rule of law, and create a good atmosphere for respecting the law and abiding by the law in the whole society. Extensively carry out court open days and activities such as sending the law to the organs, entering the campus, entering the countryside, entering the community, entering the enterprise, and entering the military camp. Hold all-media live broadcasts such as "now in court" and "being executed" to let the masses feel judicial justice "at zero distance". Directed the creation of TV series "The Bottom Line", "The Court in the Sun" and documentary "Family Matters as Heaven", and showed the people’s courts’ persistent pursuit of fairness and justice in a way loved by the masses, showing the achievements in the construction of China ruled by law in the new era.
Fourth, resolutely hold the last line of defense to maintain social fairness and justice.
Keep in mind that fairness and justice are the soul and life of justice, always take facts as the basis and law as the criterion, adhere to strict and fair justice, and safeguard and promote social fairness and justice.
Adhere to the combination of law and emotion. Adhere to the law as the basis, convince people by reasoning, and empathize with people, firmly establish the socialist judicial concept in the new era, firmly stand on the people’s stand, resolutely correct the wrong practices such as mechanical justice and handling cases, and strive to achieve the organic unity of political, legal and social effects in handling cases. Adhere to the principle of adapting crime to punishment, change and approve the death penalty of the defendant in the passion fruit girl murder case according to law, properly try the parrot case, the blue draft case and the case of buying guns for organizing the anti-Japanese war memorial exhibition, so as to achieve heavy punishment for felonies, light punishment for misdemeanors and no criminal investigation for innocence, so that the judicial judgment can truly conform to the simple concept of fairness and justice in the hearts of the people.
Resolutely defend the dignity and authority of the law. Carry out the death penalty policy of the party and the state, and never tolerate crimes that challenge the legal and moral bottom line and seriously endanger the public and social security. If the crime is punishable by death, the death penalty will be resolutely sentenced and approved according to law. Strictly control the quality of death penalty cases, make acquittals in the first instance of Tao Xue’s case and Fan Taiying’s case with unclear facts and insufficient evidence according to law, and refuse to approve the death penalty in Xiong Qiubao’s case according to law. Afterwards, the real culprits appeared, effectively preventing the occurrence of major unjust cases. For bending the law, false meritorious service, etc., cases that lead to "light sentences for serious crimes" will be retried according to law, and Zhang Chenggong and others will be sentenced to death, so as not to be wasted. Comprehensively investigate 13.345 million cases of "temporary reduction of leave" since 1990, rectify 59,000 cases with problems or defects on a case-by-case basis, strengthen the substantive trial of commutation and parole cases, and resolutely prevent "serving a sentence on paper" and "getting money out of prison".
Strengthen judicial protection of human rights. Insist on seeking truth from facts and correcting mistakes, find, verify and correct wrongs together, and correct 26 major criminal wrongs, such as the Five Weeks case and the Zhang Yuhuan case, with 53 people. We will improve the mechanism for effective prevention and timely correction of unjust cases and resolutely hold the bottom line for preventing unjust cases. We will carry out the principles of a legally prescribed punishment for a crime, no doubt, and adjudication by evidence, and implement the system of public trial and court debate. All cases of death penalty, including death penalty with a reprieve, will be heard in court, and 2,675 defendants in public prosecution cases and 2,097 defendants in private prosecution cases will be acquitted according to law. We will strengthen the protection of defendants’ right to defense and lawyers’ right to practice, unblock the channels for lawyers’ associations to safeguard lawyers’ right to practice, promote the full coverage of lawyers’ defense, and fully implement the legal aid system for death penalty review cases. We will improve the system of state compensation and judicial assistance, and strengthen the work of state compensation for unjust and wrong cases. "Correcting unjust and wrong cases according to law" was written into the third historical resolution of joining the Party.
Carry forward the socialist core values. In the trial of Zhu Zhenbiao’s case of chasing the hit-and-run person, discouraging smoking in the doctor’s elevator, escorting the community security to the hospital, and helping the elderly to break their ribs, in the face of contradictions, conflicts, merits and demerits, no evasiveness, no ambiguity, no accommodation, a clear-cut stand supported the courageous, resolutely opposed the "muddle", and made great efforts to crack the "help", "advise not to persuade" and "pursue not to pursue" that have long plagued the masses. We will try the case of picking bayberry from a tree without permission, the case of high-speed rail dominating the seat, and the case of claim for injury caused by eating "overlord meal", so that those who are willing to take risks will bear the responsibility, those who are out of order will bear the consequences, and guide members of society to enhance public awareness and rule awareness. In the new era, the judiciary will make a clear distinction between right and wrong, stir up confusion and promote the clear, punish evil and promote good, and strive to make the law safe and virtuous.
Maintain and promote social equity. Strengthen the unification of referee standards, and effectively prevent fairness and justice from being discounted due to differences in regions, urban and rural areas and industries. Revise the judicial interpretation, calculate personal injury compensation according to the standard of urban residents, and eliminate the difference between urban and rural residents’ compensation standards. In conjunction with the Ministry of Human Resources and Social Security, we will issue a policy document to promote women’s equal employment, strengthen the protection of the equal employment rights of people who have recovered from infection in Covid-19, try cases such as female employees being dismissed due to pregnancy and graduates being discriminated against in job hunting, and resolutely correct unreasonable restrictions and employment discrimination that affect equal employment. In conjunction with the China Disabled Persons’ Federation, opinions on strengthening the judicial protection of the disabled were issued, and efforts were made to ensure the equal participation of the disabled in social life.
Supervise and support administration according to law. 1.384 million administrative cases were concluded in the first instance, and 1.074 million administrative non-litigation enforcement cases were examined, so as to strengthen the legality review of administrative actions and serve the "streamline administration, delegate power, strengthen regulation and improve services" reform and the construction of a government ruled by law. We will intensify the trial of housing, land, social security and other cases that have a bearing on the vital interests of the masses, and promote the solution of the urgent problems and worries of the masses. To try administrative cases involving the transfer of state-owned land, government procurement, bidding, investment attraction, etc. according to law, protect the legitimate rights and interests of administrative counterparts, and promote the construction of an honest government. Explore the centralized jurisdiction of administrative cases and get rid of the phenomenon of "home and away" in administrative litigation. Promote the heads of administrative organs to appear in court, Tianjin, Shanghai, Zhejiang, Shandong, Ningxia, Corps and other courts to strengthen the construction of diversified settlement centers for administrative disputes, Liaoning, Jilin, Henan, Guizhou, Xinjiang and other courts to promote the construction of a linkage mechanism between the government and the hospital to promote the substantive resolution of administrative disputes.
Promote justice through publicity and build public trust. The four public platforms, namely, trial process, trial activities, judgment documents and execution information, allow judicial activities to run in the sun and realize fairness and justice in a visible way. China Judgment Document Network published 140 million documents, with more than 100 billion visits, and China Trial Open Network broadcast more than 21 million trials. The more the public pays attention to the case, the more it will be made public voluntarily according to law, so that the people can supervise judicial activities and witness judicial justice, and make the trial of hot cases an open class of rule of law shared by the whole people. An open, dynamic, transparent and convenient sunshine judicial mechanism has been formed.
V. Significant progress has been made in the reform of the judicial system and the construction of smart courts.
Resolutely implement the reform and deployment of the CPC Central Committee, implement 140 reform measures, promote the deep integration of judicial trials and modern science and technology, and profoundly reshape the trial system and trial capacity.
The comprehensive reform of the judicial system was further promoted. Fully and accurately implement the judicial responsibility system, promote the realization of "letting the judges judge and the judges be responsible", adhere to the combination of legal trial organizations exercising their powers according to law and strictly implementing democratic centralism, and improve the operation system of trial power with clear powers and responsibilities, unified powers and responsibilities, orderly supervision and effective restriction. We will deepen the reform of the judge post system, implement the principle of handling cases within the limits of income, and promote the dynamic adjustment of judge posts. Establish a disciplinary system for judges, so that illegal trials will be held accountable and cases handled according to law will not be investigated. Strengthen and standardize judicial interpretation and case guidance, implement the compulsory retrieval system of similar cases, and promote the unification of legal application. We will promote the reform of the trial-centered litigation system and implement three rules: pre-trial meeting, exclusion of illegal evidence and court investigation. Further promote the standardization of sentencing. Correctly implement the system of pleading guilty and admitting punishment. According to the authorization of the National People’s Congress Standing Committee (NPCSC), we have completed the pilot reform of separating the complexity and simplification of civil procedure, and carried out the pilot reform of the trial-level function of the four-level court in an orderly manner. We improved the people’s jury system, with the number of people’s jurors increasing to 327,000, and 12.664 million cases were tried.
The organizational system of the court is becoming more perfect. Deepening the reform of the Supreme People’s Court Circuit Court, six circuit courts have tried a large number of major administrative and civil and commercial cases, which have achieved the goals of shifting the focus of the highest judicial organ, resolving disputes on the spot and facilitating mass litigation, and have been called "the Supreme People’s Court at home" by the masses. The the Supreme People’s Court No.1 and No.2 international commercial courts were established in Shenzhen and Xi ‘an, and the system of international commercial expert committees was established, and a one-stop diversified settlement mechanism for international commercial disputes was innovated, which organically linked litigation with arbitration and mediation. The Intellectual Property Court of the Supreme People’s Court tried the nationwide cases of patent and other technical intellectual property rights and monopoly appeals in a unified way, so as to better protect and encourage scientific and technological innovation. Add Nanjing Maritime Court and Hainan Free Trade Port Intellectual Property Court, build financial courts in Beijing, Shanghai and Chengdu-Chongqing with a high starting point and high standards, and strengthen the construction of courts across administrative divisions, so that the organizational system of people’s courts can better meet the needs of national development strategy.
Smart court accelerates the reform of judicial mode. We will comprehensively promote smart services, smart trials, smart execution, and smart management, and build a smart court with full-service online processing, open whole process according to law, and all-round intelligent services. Smart courts have withstood the examination of the epidemic in the century. Since the prevention and control of the epidemic in COVID-19, courts across the country have filed 29.96 million cases online, held 5.04 million court sessions, exchanged 8.19 million pieces of evidence, executed 5.93 million pieces in different places, and received 150,000 pieces of interviews, thus realizing "trial execution without stopping, fairness and justice without stopping". Widely used technologies such as case identification and push, intelligent contract execution, etc., to empower and increase efficiency for trial execution. The world’s largest judicial trial information resource library was built, and 1,317 judicial big data reports were formed around social governance hotspots. Smart courts have become the bright color of China’s judicature in the international arena.
Internet justice creates new models and new rules. Take the lead in introducing the "three rules" of online litigation, online mediation and online operation of people’s courts, so that all kinds of online judicial activities can be regulated and standardized. Formulate opinions on the judicial application of blockchain, and the unified platform of judicial blockchain has completed more than 2.89 billion pieces of data. Issue opinions on judicial application of artificial intelligence, put forward five principles of judicial application of artificial intelligence, and make it clear that artificial intelligence can only assist but not replace judges’ judgment. Internet courts in Beijing, Hangzhou, and Guangzhou have made continuous explorations in technological innovation, rule establishment, and network governance, and formed a number of experiences that can be replicated and popularized. China’s Internet judicature has moved from technology leading to rule leading.
The national courts adhere to the dual-wheel drive of judicial system reform and smart court construction, and the quality and effectiveness of trials continue to be stable and positive under the increasing pressure of cases. Since 2018, the total number of court cases closed nationwide has increased by 5.2% annually; The number of cases handled by judges per capita increased from 187 in 2017 to 242 in 2022; In 2022, the rate of interest judgment in the first instance was 89.3%, and it reached 98% after the second instance; The online litigation trial cycle is 22 days shorter than the traditional model; Letters and visits involving litigation and visits to Beijing decreased by 8.4% and 44.5% annually, the judicial credibility was significantly improved, and the people’s sense of judicial justice was constantly enhanced. The achievements of China’s judicial system reform and the construction of smart courts have had a wide international impact.
Sixth, forging a loyal and clean court iron army
Implement the general requirements of party building in the new era, take a clear-cut stand on politics, persistently promote the comprehensive and strict administration of the party and the hospital, and strengthen the revolutionary, regular, professional and professional construction of the court team.
Strengthen political construction and build political loyalty. Persistently use the Supreme Leader’s Socialism with Chinese characteristics Thought in the new era to build a soul, promote the study and training of the Supreme Leader’s rule of law thought and the Party’s twentieth spiritual study and training to cover all employees, insist on taking the Party’s innovative theory as the first lesson of police induction education and the compulsory course of youth theory armed, and help to button up the "first button" in judicial work. Solidly carry out the theme education of "Do not forget your initiative mind, Keep in mind the mission" and the study and education of party history. Organize and carry out the special education of "Two Persistences" and "Two Establishments" in the court system. Vigorously carry forward the new era people’s court culture with "loyalty for the people, respect for law, fairness and integrity, integrity, reform and innovation" as the main content. In the past five years, a large number of advanced models of justice for the people and justice have emerged in courts across the country, and 2,363 collectives and 2,799 individuals have been commended and rewarded by the central and state organs. 95 judges, including Li Qingjun, Hu Guoyun, Zhou Chunmei, Wei Jingjing, Yang Jun, Teng Qigang and Bao Weizhong, died in their posts. They were loyal guardians of the judicial cause of the Republic, and they defended fairness and justice with selfless dedication and even their lives.
Strengthen capacity building and improve the judicial level. We implemented the Judges Law, revised the regulations on the education and training of judges, and trained 9.756 million police officers online and offline through the "People’s Court Lecture Hall". Strengthen the training of judicial talents in the fields of intellectual property, internet, finance and foreign affairs. Three judges from the Supreme People’s Court were elected to the United Nations Appeals Tribunal, the Dispute Tribunal and the International Labour Organization Administrative Tribunal respectively. Support the construction of courts in Hainan Free Trade Port, xiong’an new area and other places. Strengthen the work of aiding Tibet, Xinjiang and Qinghai, and support the construction of court teams in western and ethnic areas through the selection of cadres and roving lectures. Courts in Inner Mongolia, Guangxi, Sichuan, Yunnan, Tibet, Gansu, Qinghai and Xinjiang have trained 2,373 bilingual judges to meet the judicial needs of people in ethnic areas.
Strengthen the construction of discipline and style to ensure a clean and honest administration of justice. Insist on cutting the blade inward, scraping the bone to cure the poison, carry out in-depth education and rectification of the court team, resolutely eliminate the persistent ills and black sheep, and promote the rectification of stubborn diseases and the establishment of rules and regulations in one body, so that the court team has been tempered as never before. Strictly implement the spirit of the eight central regulations and their implementation rules, strengthen judicial inspections and judicial inspectors, and the national courts investigated and dealt with 3,462 mental police officers who violated the eight central regulations. Changing the judicial style, from the Supreme People’s Court to the basic people’s courts, the presidents and team members of the national fourth-level courts went deep into the township people’s courts to stay in court, learn from the masses and help them solve disputes. Strictly implement the "three regulations" to prevent judicial interference. In 2022, the police officers of the national courts recorded and reported 153,000 pieces of relevant information. It is becoming the habit of police officers to report if there is intervention and report if there is any question. We severely punished judicial corruption with a zero-tolerance attitude. In the past five years, the Supreme People’s Court investigated and dealt with 61 police officers who violated discipline and law in our hospital, and courts at all levels investigated and dealt with 8,589 police officers who used the power of trial execution, and investigated 1,727 people for criminal responsibility. Deeply learn from the lessons of Shen Deyong and other court systems that violate discipline and law, and promote reform and governance by case. Fasten the system cage, strictly prohibit the iron regulations, deepen the treatment of both the symptoms and the root causes, and unremittingly conserve the breeze and righteousness.
Delegates, consciously accepting supervision is an inevitable requirement for practicing people’s democracy in the whole process and an important guarantee for realizing judicial justice. Accept the supervision of the National People’s Congress according to law. Conscientiously implement the spirit of the previous sessions of the 13th National People’s Congress, and strictly implement the laws and resolutions made by the NPC and its Standing Committee. Report to the National People’s Congress Standing Committee (NPCSC) on solving difficulties in execution and accept special inquiries, report on criminal, civil, intellectual property and foreign-related trials in the new era, and improve the work according to the deliberation opinions. Handling deputies’ suggestions covers 947 deputies, and 1,965 deputies’ suggestions and 1,861 daily suggestions are transformed into concrete measures to promote the high-quality development of court work. The Supreme People’s Court invited NPC deputies to inspect 37 batches of courts, and listened to 3,605 people’s opinions by inviting them to attend the trial committee and attending symposiums. We will fully adopt the opinions of deputies and improve judicial policies on ensuring food and drug safety, punishing violent injuries to doctors, preventing and controlling domestic violence, and protecting business secrets. Consciously accept democratic supervision. Adhere to socialist deliberative democracy and consciously accept the democratic supervision of the CPPCC, democratic parties, federations of industry and commerce and personages without party affiliation. We handled 819 CPPCC proposals, visited and received 1,211 CPPCC members, and adopted opinions and suggestions from all sides in a timely manner. Participate in the biweekly consultation forum in Chinese People’s Political Consultative Conference, and discuss good strategies on improving the quality and effectiveness of foreign-related law enforcement and protecting the rights and interests of minors. Visit the central committees of democratic parties to listen to opinions and build consensus on the work of the court. Held four summits on the rule of law in the private economy with the All-China Federation of Industry and Commerce,Jointly optimize the legal environment for the development of private economy. Accept the legal supervision of procuratorial organs according to law. Seriously hear protest cases, handle procuratorial suggestions in time, and jointly safeguard judicial justice. Widely accept social supervision. Invited special supervisors and consultants to participate in research seminars and other 1228 people. Take the initiative to accept the supervision of public opinion and hold 155 press conferences to respond to social concerns in a timely manner.
Delegates, the new changes and developments in the work of the people’s courts in the new era lie in the fact that the Supreme Leader General Secretary is the core of the CPC Central Committee and the whole party at the helm, the scientific guidance of the Supreme Leader Socialism with Chinese characteristics Thought in the new era, and the vivid practice of the Supreme Leader’s rule of law thought in the judicial field. The achievement is the result of the strong supervision of the National People’s Congress and its Standing Committee, the strong support of the State Council, the democratic supervision of Chinese People’s Political Consultative Conference, the supervision of the National Supervisory Commission (NSC) and the Supreme People’s Procuratorate, the democratic supervision and support of democratic parties, federations of industry and commerce, people’s organizations and personages without party affiliation, and the care and help of local party and government organs at all levels, NPC deputies, members of Chinese People’s Political Consultative Conference, all walks of life and the broad masses of the people. Here, on behalf of the Supreme People’s Court, I would like to express my heartfelt thanks!
Looking back on the course of the people’s courts in the past five years and ten years in the new era, we are more convinced that the road of rule of law in Socialism with Chinese characteristics is getting wider and wider, and the prospect of rule of law in China is infinitely bright. We insist on being upright and innovative, keeping pace with the times, and have a deeper understanding and experience of doing a good job in people’s courts: we must uphold the party’s absolute leadership over judicial work, deeply understand the decisive significance of "two establishment", strengthen "four consciousnesses", strengthen "four self-confidences" and achieve "two maintenance", and unswervingly advance in the direction guided by the supreme leader’s rule of law thought; We must adhere to the principle of serving the overall situation, administering justice for the people, and administering justice fairly, perform our duties closely around the work of the party and the state center, and strive to make the people feel fair and just in every judicial case; We must adhere to the combination of ruling the country by law and ruling the country by virtue, and carry forward the socialist core values with fair judgment; We must adhere to the two-wheel drive of judicial system reform and smart court construction, and accelerate the modernization of the trial system and trial capacity; We must persist in constantly promoting the comprehensive and strict administration of the party and the hospital to ensure fair and honest administration of justice; We must persist in consciously accepting supervision, so that judicial power can always be exercised under supervision and serve the party and the people.
We are soberly aware that there are still some problems and difficulties in the work of the people’s courts. First, there is still a gap between the level of judicial ability and the requirements of Chinese modernization and the growing needs of the people for fairness and justice. It is necessary to make greater efforts to modernize the judicial system and judicial ability. Second, there is an imbalance in the comprehensive reform of the judicial system, and there are still shortcomings in the supervision mechanism for the operation of judicial power. Third, the quality and efficiency of trial execution in some cases are not high, and the effect is not good. There are problems of mechanical justice and case handling. It still takes a long time to promote the practical solution to the implementation difficulties. Fourth, the situation of building a clean and honest party style and the struggle against corruption is still severe and complicated, and there is still a long way to go to completely eradicate the soil that breeds judicial corruption. Some police officers have improper judicial style and even corruption problems, which seriously affects judicial credibility. Fifth, some intermediate and grass-roots courts are under great pressure to handle cases, and there is a shortage of specialized talents in some trial fields. The people’s court will take effective measures to solve these problems and difficulties.
Suggestions for work in 2023
In 2023, the people’s courts should adhere to the guidance of the Supreme Leader’s Socialism with Chinese characteristics Thought in the new era, thoroughly implement the Supreme Leader’s rule of law thought, fully implement the spirit of the 20th National Congress of the Communist Party of China and the First and Second Plenary Sessions of the 20th Central Committee, conscientiously implement the spirit of the Central Political and Legal Work Conference, conscientiously implement the resolutions of this congress, deeply understand the decisive significance of "two establishment", strengthen "four consciousnesses", firmly "four self-confidences" and achieve "two maintenance". Faithfully perform the duties entrusted by the Constitution and laws, dare to struggle, be good at struggle, strive for progress steadily, be upright and innovative, serve Chinese modernization with the modernization of the trial system and trial capacity, and provide powerful judicial services for a good start in building a socialist modern country in an all-round way.
First, guided by the supreme leader’s thought of rule of law, we will unswervingly follow the road of rule of law in Socialism with Chinese characteristics. We will carry out the theme education deployed by the CPC Central Committee in courts all over the country, and unify our thinking, will and actions with Socialism with Chinese characteristics Thought of the Supreme Leader in the new era. Strengthen the party’s political construction in an all-round way, resolutely safeguard the core, be absolutely loyal, listen to the party’s command, and be brave in taking responsibility. Closely combined with the actual situation of the court, fully implement the spirit of the 20 th National Congress of the Communist Party of China, and ensure that the decision-making arrangements of the CPC Central Committee are fully implemented in the people’s courts. Adhere to the organic unity of the party’s leadership, the people being the masters of the country and governing the country according to law, create a higher level of socialist judicial civilization, and build a socialist modern country in an all-round way on the track of the rule of law.
Second, better coordinate development and safety, and serve high-level safety and high-quality development according to law. Severely crack down on infiltration, sabotage, subversion and separatist activities of hostile forces at home and abroad. Resolutely punish all criminals who split the country according to law and safeguard national unity. Unswervingly counter illegal sanctions and "long-arm jurisdiction" and resolutely defend China’s judicial sovereignty and people’s interests. Severely punish serious violence, gun-related explosions, cross-border gambling, drugs and other crimes. Continue to promote the normalization of eliminating evils. Punish crimes in the fields of grain, finance and energy resources according to law, and serve to prevent and resolve major risks. Punish corruption crimes according to law and increase the punishment of bribery crimes. Strengthen the protection of personal information and severely punish information network crimes. Serve better and coordinate epidemic prevention and control and economic and social development. We will earnestly implement the "Two Unswervings", issue opinions on optimizing the legal environment to promote the development and growth of the private economy, fully implement the principle of equal protection, resolutely prevent criminal intervention in economic disputes, resolutely stop illegal acts that infringe on entrepreneurs’ personality rights, resolutely protect the legitimate property rights and interests of private enterprises and entrepreneurs, ensure the recovery of accounts receivable by small and medium-sized enterprises by judicial means, support honest management, guarantee fair competition according to law, and promote the healthy and high-quality development of the private economy. We will strengthen supervision and guidance on cases that infringe upon the property rights of private enterprises and the rights and interests of entrepreneurs, and resolutely correct misjudged cases once they are discovered. We will improve judicial policies on property rights protection, market access, fair competition and social credit, and serve to build a unified national market.Strengthen judicial protection of intellectual property rights, strengthen anti-monopoly and anti-unfair competition justice, and improve the appeal and trial mechanism of intellectual property cases at the national level. Improve the judicial policy of digital economy. Serve the implementation of regional coordinated development strategy. Deepen the establishment of "Fengqiao People’s Court". Strengthen the trial of environmental resources and promote green development. We will build a higher-level foreign-related trial system and serve the high-level opening up. Adhere to high-quality judicial services and high-quality development, so that property rights and intellectual property rights are more judicially guaranteed, contract performance is more effective, and innovation vitality is more stimulated.
The third is to persist in taking the people as the center and solidly promote justice for the people and justice. Listen to the voices of the masses, adhere to the problem-oriented, work towards problems, truly solve problems, resolve disputes in essence, and constantly meet the needs of the masses for fairness and justice. Severely punish crimes that infringe on the rights and interests of women, children and the elderly, and effectively protect the legitimate rights and interests of women, children, the elderly and the disabled. Strengthen the protection of labor rights and interests and the protection of workers in new employment forms. Effectively safeguard the legitimate rights and interests of consumers. Practice and carry forward the socialist core values. Improve the comprehensive efficiency of one-stop multiple dispute resolution and litigation service system. Cooperate with the promotion of civil enforcement legislation, and move towards the goal of effectively solving the implementation difficulties. Strengthen administrative adjudication and serve the construction of a government ruled by law. Promote the improvement of the state compensation system. We will do a good job in safeguarding rights related to the military with our hearts and feelings, firmly safeguard national defense interests and the legitimate rights and interests of military families and retired military personnel, and promote the consolidation of military, political, military and civilian unity. Strengthen the protection of the rights and interests of compatriots from Hong Kong, Macao and Taiwan. Promote the improvement of the public interest litigation system and safeguard public interests according to law. Strengthen trial supervision and guidance, strengthen judicial protection of human rights, safeguard lawyers’ right to practice, and ensure strict and fair justice. Intensify the publicity of popularizing the law and promote the judicial maintenance of fairness and justice to be more deeply rooted in the hearts of the people.
The fourth is to deepen the reform of the judicial system and accelerate the modernization of the trial system and trial capacity. Always solve new situations and new problems in the reform with reform thinking and methods, persist in the reform without stopping, and dare to bite hard bones. Deepen the comprehensive reform of the judicial system, comprehensively and accurately implement the judicial responsibility system, strengthen the practice of judicial reform and innovation, and accelerate the construction of a fair, efficient and authoritative socialist judicial system. Deepen the reform of the litigation system centered on trial. Standardize the operation of judicial power and strengthen the restriction and supervision of judicial activities. Deepen the construction of smart courts, improve the Internet judicial model with China characteristics, and strive to create a higher level of digital justice.
Fifth, adhere to the strict administration of the party and the hospital in an all-round way and strengthen the construction of the court team. Strengthen political supervision, consolidate the achievements of court team education and rectification, and resolutely build political loyalty. Consciously accept the supervision of the people’s congress, democratic supervision and supervision in all aspects. Optimize the classified management of judicial personnel and increase the training of judicial talents in foreign-related trials and other fields. Strengthen basic construction at the grass-roots level and support the construction of grass-roots courts in old revolutionary base areas, ethnic areas and border areas. In-depth investigation and study, go deep into the masses, go deep into the front line, and pounce on the implementation. Unswervingly from the strict discipline, increase the punishment of judicial corruption, and promote the integration of not daring to rot, not wanting to rot. Carry out the "five excellent" requirements and forge the iron army of the people’s court with unremitting efforts.
Delegates, in the new era and new journey, we should unite more closely around the CPC Central Committee with the Supreme Leader as the core, fully implement the Supreme Leader’s Socialism with Chinese characteristics Thought in the new era, carry forward the great spirit of party building, keep in mind the "Three Musts", unite and work hard, give full play to the role of judicial function, and make new contributions to building a socialist modern country and promoting the great rejuvenation of the Chinese nation in an all-round way!