2014年最高人民法院工作报告（全文）
Report on the Work of the Supreme People's Court (2014)
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| 三、坚持司法为民，依法维护人民群众合法权益 | III. Adhering to Justice for the People, and Safeguarding Legitimate Rights and Interests of the People according to Law |
| 加强民事审判工作。依法保障和改善民生，各级法院审结一审民事案件355.4万件。发布关于审理劳动争议、食品药品纠纷案件司法解释和加强消费者权益司法保护等指导意见，各级法院审结涉及人身损害、劳动就业、教育、医疗、住房、消费等案件53.7万件。高度关注“三农”工作，维护农民权益，促进农业发展，审结涉及农村土地承包经营权流转、宅基地纠纷、拖欠农民工工资等案件20.3万件。高度重视保护农村留守老人、妇女、儿童、残疾人合法权益，审结婚姻家庭、抚养继承案件161.2万件，促进家庭和谐。审结资源开发、环境保护案件2464件，推进环境公益诉讼，促进美丽中国建设。高度重视涉军维权工作，依法审理涉军案件，健全涉军案件审判机构和工作制度，切实维护国防利益和军人军属合法权益。 | —— Improving civil adjudication. The people's courts endeavored to safeguard and improve people's livelihood in conformity with law. The people's courts at various levels concluded 3.554 million civil cases of first instance. The SPC issued judicial interpretations on the trials of labor dispute cases and food and drug dispute cases, and guiding opinions on intensifying judicial protection of consumer rights and interests. The courts at various levels concluded 537,000 cases relating to personal injury, labor employment, education, medical treatment, housing and consumption. The SPC highly valued the issues of agriculture, farmers and rural areas, protected the rights and interests of farmers, promoted agricultural development, and concluded 203,000 cases involving transfer of rural land use rights, house site disputes, and defaults of migrant worker salaries. It also emphasized the protection of legitimate rights and interests of rural left-behind elderly, women, children, and the disabled, and concluded 1.612 million cases of marriage, family, child-raising and inheritance to promote family harmony. The courts concluded 2,464 cases of resources development and environment protection, promoted environmental non-profit litigations, and facilitated construction of beautiful China. We paid high attention to safeguarding the legal rights involving the army, hearing cases involving the army, improving the judicial organs and working mechanism for the cases involving the army, and effectively safeguarding the interests of national defense and the legitimate rights and interests of the servicemen and their families. |
| 加强行政审判和国家赔偿工作。依法审理行政诉讼案件，切实保护公民、法人和其他组织合法权益，促进行政机关依法行政，各级法院审结一审行政诉讼案件12.1万件。妥善审理社会关注的房屋拆迁行政诉讼案件，依法保护被拆迁人合法权益，支持地方改善环境、发展经济。加强行政案件协调和非诉行政案件执行等工作，促进化解行政纠纷。及时向行政机关反馈审判工作中发现的行政执法突出问题，促进司法与行政良性互动。会同司法部出台加强国家赔偿法律援助工作的意见，保障困难群众依法行使赔偿请求权。发布适用质证程序审理国家赔偿案件的司法解释，确保国家赔偿程序公正透明。各级法院审结国家赔偿案件2045件，决定赔偿金额8735.2万元。 | —— Improving administrative adjudication and state compensation. The people's courts heard administrative proceedings pursuant to law, effectively protected legitimate rights and interests of the citizens, legal persons and other organizations, and promoted administrative departments in exercising their functions and powers in accordance with law. The people's courts at various levels concluded 121,000 administrative cases of first instance. Meanwhile, The people's courts also properly heard housing demolition administrative proceedings of high social concerns, protected legitimate rights and interests of the removed according to law, and supported the local governments to improve environment and develop economy. The people's courts enhanced the coordination for administrative cases and the enforcement for non-lawsuit administrative cases to facilitate the settlement of administrative disputes. The people's courts duly provided feedback to the administrative organs on prominent issues of administrative law enforcement found in the course of case hearing, in order to promote positive interaction between the judicial and administrative organs. The SPC worked with the Ministry of Justice to promulgate an opinion on strengthening legal aid for state compensation, to guarantee that the impoverished people exercise their rights claiming for compensation according to law. The SPC issued a judicial interpretation on the application of cross-examination procedure in the trial of state compensation cases so as to ensure state compensation procedure open and transparent. The people's courts at various levels concluded 2,045 cases of state compensation, involving 87.352 million RMB of indemnity. |
| 依法解决涉诉信访群众诉求。强化群众观念，加强源头治理，建立长效机制，坚持重心下移，不断加强涉诉信访工作。最高人民法院设立巡回督导合议庭，带案下访，促进问题就地解决。各级法院共接待群众来访53.9万人次，同比下降10.2%。推进涉诉信访工作机制改革，完善“诉访分离”和案件终结机制，推动律师等第三方参与化解信访案件。加强审判监督，保障当事人申诉和申请再审权利，审结申诉和申请再审案件11.6万件，依法提起再审3万件，对原判确有错误或因其他法定事由改判7415件，占生效裁判的0.09%。 | —— Resolving the appeals of the people who initiated litigation-related petitions through letters and visits pursuant to law. The people's courts strengthened the concept of the masses, intensified governance at the source, established long-term mechanism, shifted the work priority to the community level, and continually improved litigation-related petitions through letters and visits. The SPC set up the circuit supervision collegial panel and toured the country with cases to facilitate solving cases on the spot. The people's courts at various levels received 539,000 petitioners, down 10.2% year on year. The SPC promoted the reform of the working mechanism for litigation-related petitions, improved the mechanisms of "separating litigations from petitions" and case settlement, and encouraged the third party including lawyers to participate in the process of resolving litigation-related petitions. The SPC reinforced supervision of adjudication, safeguarded the rights of the parties involved for petitions and the application for retrial. The people's courts concluded 116,000 petition cases and the applications for retrials, retried 30,000 cases according to law, and changed 1,415 original verdicts which were wrong in original judgments or due to other statutory circumstances, accounting for 0.09% of the effective judgments. |
| 着力解决执行难问题。各级法院受理执行案件298.9万件，执结271.8万件，同比分别上升14%和10.2%，其中执结涉机关单位执行积案2.1万件，执行到位金额256亿元。去年底开展了涉民生案件专项集中执行活动，执结案件3万件，执行到位金额11.4亿元。建立失信被执行人名单制度，实行公开曝光；在中央文明办和公安部、国资委、工商总局、银监会、民航局、中国铁路总公司等部门的支持下，对7.2万名失信被执行人进行了信用惩戒，约20%的失信被执行人慑于信用惩戒履行了义务。全面推进与金融机构和国土资源管理、工商行政管理等协助执行部门“点对点”网络执行查控机制建设，加大反规避执行力度。推进执行指挥中心建设，整合执行资源，提高执行效率。创新执行拍卖模式，通过网络进行司法拍卖，降低拍卖成本，提高债权清偿率。 | —— Focusing on resolving the problem of difficult enforcement. The people's courts at various levels accepted 2.989 million enforcement cases, with 2.718 million enforced effectively, up 14% and 10.2% respectively year on year. Among them, 21,000 cases involved government organs and institutions, valuing 25.6 billion RMB. The SPC launched a special program for the enforcement of cases relating to people's livelihood at the end of 2013, concluding 30,000 cases amounting to the value of 1.14 billion RMB. The SPC established a name list of the faithless persons subjected to execution, and exposed them to the public. Under the support of the Central Civilization Affairs Office, Ministry of Public Security, State-owned Assets Supervision and Administration Commission, State Administration for Industry and Commerce, China Banking Regulatory Commission, State Civil Aviation Administration, and China Railway Corporation, 72,000 faithless persons subject to enforcement were disciplinarily punished, among which around 20% fulfilled their duties in awe of credit punishment. The SPC fully promoted construction of the point-to-point network monitoring enforcement mechanism with other departments assisting in case execution, including financial institutions, land and resources administration organs and administrations of industry and commerce, with the aim of intensifying anti-circumvention enforcement. The SPC further facilitated the construction of the enforcement command center, integrated enforcement resources, and improved enforcement efficiency. The SPC brought forth a new auction mode for enforcement, in which we held judicial auctions through the Internet to reduce auction costs and raise the rate of amortization. |
| 方便人民群众诉讼。因地制宜推进诉讼引导、预约立案、电子送达、巡回办案、远程视频开庭等工作，加强立案信访窗口标准化建设，努力从立案、审判、执行、信访各环节消除群众诉讼障碍。推进人民法庭建设，方便群众就近诉讼。加强风险提示、判后答疑等工作，引导当事人理性诉讼。适用小额速裁程序审理简易案件，减轻当事人诉讼负担。加大司法救助力度，各级法院为确有困难的当事人减免诉讼费1.9亿元。 | —— Easy access to justice. The SPC promoted a series of work including litigation guidance according to circumstances, appointments-making to file a case, electronic service of documents, circuit case handling, and remote video court hearing. The SPC further standardized the service for case-filing and petition through letters and visits, and endeavored to make people easy access to justice in every stage covering case-filing, trials, enforcement, and petitions. The SPC drove on the construction of people's tribunals for the convenience of people to make lawsuits nearby. The SPC further enhanced the work of risk tips and questions answering after the trials, to guide the parties to a rational lawsuit. The SPC determined to hear simple cases with summary procedure, to alleviate litigation burdens of the parties involved. It also took sweeping measures for judicial remedies. The people's courts at various levels mitigated 190 million RMB legal costs for the parties involved in real difficulty. |
| 四、深化司法公开，促进司法公正 | IV. Deepening Judicial Openness and Promoting Judicial Fairness |
| 加大庭审公开力度。积极推进阳光司法，全面客观公开案件事实、定案证据以及诉辩观点、判决理由，增进群众对司法裁判的了解和理解，彰显法治的文明和尊严。建成中国法院庭审直播网，各级法院直播案件庭审4.5万次。最高人民法院通过多种媒体直播社会关注案件庭审情况，济南中院通过微博全程直播薄熙来案庭审情况，取得良好效果。 | —— Intensifying open court trials. The SPC actively carried forward justice in sunshine, released case facts, verdict evidences, debate viewpoints, and grounds of decisions in a comprehensive and objective way, so as to facilitate people's understanding of judicial adjudication, and manifest civilization and dignity of rule of law. It set up China's Court Trial Live Broadcast Network, and made 45,000 live broadcasts of court trials in people's courts at various levels. The SPC live broadcasted court trials of socially concerned high-profile cases, for instance, Jinan Intermediate People's Court brought on a complete live broadcast via microblog for the court session of Bo Xilai case, which got favorable result. |
| 加快推进裁判文书上网。出台人民法院在互联网公布裁判文书的规定，建成中国裁判文书网，公布最高人民法院生效裁判文书3858份，地方各级法院上网公布生效裁判文书164.6万份，充分发挥裁判文书宣传法律知识、引领社会风尚、规范公众行为、树立正确导向的功能，传递法治正能量，同时促进法官提高业务素质和司法水平。 | —— Speeding up online publishing of written judgments. The SPC promulgated the regulation governing people's courts to publish written judgments on the Internet, and set up the China Written Judgments Network. Since then, 3,858 effective SPC written judgments and 1.646 million effective written judgments of local people's courts at various levels have been disclosed on the Internet, which fully display the role of written judgments in spreading legal knowledge, guiding social custom, regulating public behavior, establishing correct orientations, and delivering positive energy of rule of law, while facilitating the improvement of professional competence and judicial level of judges. |
| 创新司法公开形式。加强审判流程公开、裁判文书公开、执行信息公开三大平台建设，全面推进立案、庭审、执行、听证、文书、审务公开，防止暗箱操作。加强最高人民法院政务网站建设，开通最高人民法院微博、微信和新闻客户端，建成“全国法院微博发布厅”，及时向社会发布、公开审判执行信息，方便群众通过新媒体了解法院工作。开展主题开放日等活动，邀请人大代表、政协委员、基层群众、未成年人等走进法院、走近法官，零距离感受法院工作。 | —— Bringing forth new forms of judicial openness. The SPC endeavored to reinforce the construction of three platforms for open trial procedures, open written judgments and open enforcement information, fully carried forward openness in case-filing, court trials, execution, hearing, documents and judicial affairs, to prevent black box operation. The SPC enhanced the construction of its official affairs website, and opened the SPC official accounts on Sina Microblog, WeChat and news terminals, and established the "national court Microblog release hall" to timely issue trial execution information to the public, and facilitate the people to acquaint with court work through the new media. The SPC also launched the theme open day activity, and invited NPC delegates, CPPCC members, the public and minors to go into courts and approach judges to experience court work at a zero distance. |
| 加强司法公开技术支撑。制定人民法院信息化建设五年发展规划，推进全国法院信息网络“天平工程”建设，全面提升信息化水平。建设科技法庭，推进庭审全程录音录像。最高人民法院建成信息管理中心，推进四级法院司法信息资源整合利用，为深化司法公开提供科技保障。 | —— Providing technical support for judicial openness. The SPC formulated a five-year plan of information-based construction in people's courts, carried forward the construction of a nationwide court information network, known as "Scale Project"， to comprehensively elevate the information-based level. The SPC developed technology tribunals and promoted whole-course audio and video recordings of court trials. The SPC set up the information management center, facilitated integrated use of judicial information resources at the four levels of courts, and provided technological guarantee for deepening judicial openness. |
| 五、推进司法改革，强化监督指导，提升司法水平 | V. Carrying Out Judicial Reform, Intensify Supervision and Guidance, and Improving Judicial Performances |
| 改革审判工作运行机制。积极推进审判权运行机制改革、涉诉信访工作机制改革；配合废止劳动教养制度，探索建立轻微刑事案件简易处理程序。指导设立专业法庭，为中国上海自由贸易试验区运行提供司法保障和服务。支持珠海横琴、深圳前海等地先行先试，探索建立新的法院工作模式。推进量刑规范化工作，制定关于常见犯罪量刑指导意见，促进量刑公开透明、公平公正。 | —— Reforming the trial operating mechanism. The SPC actively carried forward the reform of the jurisdiction operating mechanism, and the reform of litigation-related petition work mechanism. It cooperated with other organs to annul the system of re-education through labor, and explored to establish summary procedure for handling minor criminal cases. It guided to establish special tribunals in supply of judicial guarantee and services for the operation of Shanghai Free Trade Pilot Zone. It supported Hengqin of Zhuhai City and Qianhai of Shenzhen City to experiment with establishing new operating mode of courts. It carried forward standardization of sentencing, formulated guiding opinions on common crimes sentencing, and promoted open, transparent, fair and just sentencing. |
| 加强人民陪审员工作。推进司法民主，畅通人民群众依法参与、监督审判工作渠道，各级法院组织人民陪审员参审案件169.5万件，占一审普通程序案件的73.2%。启动人民陪审员“倍增计划”，增加选任人民陪审员3.8万人。规范人民陪审员参审方式和流程，加强培训工作，提高人民陪审员履职能力。向全国人大常委会专项报告人民陪审员工作并认真落实审议意见，促进人民陪审员工作健康发展。 | —— Reinforcing the work of people's juror assessors. The SPC carried forward judicial democracy, and expedited channels that ensured the public to participate in and supervise judicial work according to law. The people's courts at various levels organized people's assessors to participate in the trial of 1.695 million cases, accounting for 73.2% of trials of first instance in common procedure. The SPC launched the Multiplication Program of people's assessors, and appointed 38,000 more new people's assessors. It standardized the modes and procedures governing people's jurors to participate in trials, enhanced training, and elevated people's juror capacity to fulfill their duties. It submitted a special report to the NPC Standing Committee on the work of people's assessors and earnestly implemented the deliberation opinion, to facilitate healthy development of people's assessors system. |
| 加强监督指导和审判管理。制定践行司法为民、加强公正司法、提高司法公信力的意见，监督指导地方各级法院提升审判质量和效率。加强司法解释制定和清理工作，发布司法解释28件，充分发挥司法解释功能，促进改革发展，保障人民权益，推动社会进步。发布14个指导性案例，统一同类案件裁判标准。加强案件质量评查和审限管理，规范减刑、假释案件审理，严格暂予监外执行的适用条件和程序，促进司法公正高效。各类案件一审后当事人服判息诉率为91.1%，二审后达到98.6%。 | —— Strengthening supervision guidance and judicial management. The SPC formulated opinions on carrying out justice for the people, enhancing judicial justice, and improving judicial credibility, supervised and guided local people's courts at various levels to improve trial quality and efficiency. It actively formulated and sorted out judicial interpretations, issued 28 judicial interpretations, which fully displayed the role of judicial interpretations, promoted reform and development, guaranteed people's rights and interests, and promoted social progress. The SPC also released 14 guiding cases, and unified judicial standards for the same type of cases. The SPC beefed up case quality assessment and trial limit management, standardized management of commutation and release on parole, strictly implemented the application conditions and procedures for temporarily serving a sentence outside prison, and promoted judicial fairness and efficiency. In total, 91.1% of those standing trial of first instance accepted judgments, and did 98.6% of those brought to trial of second instance. |
| 六、坚持从严管理，加强法院队伍建设 | VI. Insist on strict management and strengthen construction of court team |
| 扎实开展党的群众路线教育实践活动。认真学习习近平总书记系列重要讲话精神，强化宗旨意识和群众观念。坚持开门搞活动，通过深入基层调研、公开征求意见等方式，认真听取群众意见建议。严格落实中央八项规定精神，加强司法作风建设，公开曝光违纪案件，坚决查纠法院系统存在的“四风”问题。紧紧围绕立案、审判、执行等方面群众反映突出的问题，制定31项整改措施，取得阶段性成效。 | —— Carrying out solidly the Party's mass line education and practice activity. The SPC earnestly studied the series of important speeches of General Secretary Xi Jinping, and strengthened the aim consciousness and the concept of the mass. The SPC adhered to opening the door for activities, and seriously listened to people's opinions and suggestions through going deep to the community for investigation and publicly soliciting opinions. The SPC strictly implemented the "Eight-point Regulation" of the Party Central Committee, enhanced improvement of the judicial work style, publicly exposed cases of disciplinary violations, and resolutely rectified formalism, bureaucracy, hedonism and extravagance existing in people's courts. The SPC established 31 rectification measures around prominent issues the public most concerned in case-filing, trials and execution, and achieved substantive results for the stage. |
| 加强纪律作风和反腐倡廉建设。开展司法廉洁集中教育活动，通报上海高院4名法官违纪违法等案件查处情况，以反面典型加强警示教育。出台进一步加强纪律作风建设的意见，坚持对法院队伍从严教育、从严管理、从严监督。颁布“十个不准”，对贯彻中央八项规定精神进行专项检查。对违规配置使用公车开展专项治理，清理法院领导干部和审判人员在企事业单位兼职。积极开展司法巡查和审务督察。完善廉政风险防控机制，加强制度约束，健全“事前预警、事中监控、事后查究”的监督防线。严格执行“五个严禁”规定，切实加大对违纪违法案件的查处力度。最高人民法院查处咨询委员会原秘书长刘涌涉嫌受贿案，移送司法机关处理。各级法院共查处利用审判执行权违纪违法干警381人，其中追究刑事责任101人。 | —— Strengthening the construction of disciplinary working style and anti-corruption. The SPC carried out concentrated education on judicial integrity, notified investigation and punishment of four judges from Shanghai High Court for discipline and law violations, and warned and educated court personnel with the negative cases. The SPC put forward an opinion on further strengthening disciplinary working style construction, and adhered to strict education, management and supervision of the court team. The SPC promulgated "Ten Bans"， and made special examination of the implementation of the "Eight-point Regulation" of the Party Central Committee. The SPC carried out a special campaign rectifying violation in allocation and use of public cars, and put an end to part-time jobs of court officials and judges in enterprises and public institutions. The SPC actively launched judicial inspection and trial supervision. The SPC improved the risk prevention and control mechanism for clean courts, strengthened system constraint, and improved the supervision defensive line featuring "early warning in advance, supervision in the process, and investigation and punishment after the event." The SPC strictly implemented the "Five Bans"， and effectively enhanced investigation and punishment of discipline and law violations. Liu Yong, former secretary general of the SPC Investigation and Punishment Advisory Committee, was transferred to the judicial organ for suspected bribery. People's courts at various levels investigated and punished 381 court staff for abusing the judging and enforcement power, 101 of whom were prosecuted. |
| 提高法院队伍政治业务素质。强化理想信念教育，始终保持政治坚定。推动司法人员分类管理和法官、书记员职务序列改革，完善法官招录和遴选机制。从法学院校和律师队伍中选拔高层次人才，改善队伍结构。培训新任中级、基层法院院长365人次，培训法官和其他工作人员51万人次。选派优秀法官赴中西部12个省区市巡回授课，继续开展民族地区双语法官培训，加强对西藏、青海、新疆等地法院的援助。发挥宋鱼水、陈燕萍、詹红荔、翟树全等先进典型的示范作用，激励广大法官公正司法、为民司法。各级法院共有430个集体、451名个人受到中央有关部门表彰奖励。 | —— Improving the political and professional competence of the court staff. The SPC intensified ideal and belief education, and always maintained firm political direction. The SPC promoted systematic management of judicial staff and job sequence reform of judges and court clerks, and improved the mechanism of recruiting and selecting judges. The SPC selected chose high-level talents from law schools and lawyers to improve the staff structure. The SPC trained 365 new presidents and 510,000 judges and other staff for intermediate and grassroots courts. The SPC appointed excellent judges to make circuit lectures in 12 provinces in the central and western regions, trained judges in bi-lingual courses in ethnic minority areas, and enhanced assistance to courts in Tibet, Qinghai and Xinjiang. The SPC gave a full play to the role of models including Song Yushui, Chen Yanping, Zhan Hongli and Zhai Shuquan, to inspire all judges to practice judicial justice for the people. The central government departments commended 430 collectives and 451 individuals from people's courts at various levels. |
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