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)

 
Comment(s)打印 E-mail China.org.cn  2014-05-09
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七、主动接受监督,不断改进工作 VII. Taking the Initiative to Accept Supervision, and Keeping Improving Work
自觉接受人大监督。最高人民法院认真向全国人大常委会报告工作,积极配合开展专题调研和执法检查,认真听取各省区市人大常委会有关部门的意见建议。按照全国人大常委会的要求,加强司法解释备案和清理工作,废止司法解释及规范性文件558件。十二届全国人大一次会议闭幕后,最高人民法院认真研究代表审议意见,逐条整改落实。加强与代表的日常联络,主动通报法院工作情况,开通全国人大代表、全国政协委员网络沟通平台,邀请代表、委员参加视察、调研、旁听庭审等活动,走访部分代表,当面听取意见。认真办理全国人大代表建议189件,不断改进人民法院各项工作。 —— Consciously accepting the NPC's supervision. The SPC earnestly reported work to the standing committee of the NPC, actively cooperated in special investigations and examination of law enforcement, and seriously listened to opinions and suggestions of the standing committees of the people's congresses of various provinces, autonomous regions and municipalities. In accordance with the requirements of the NPC Standing Committee, the SPC strengthened filing and sorting of judicial interpretations, and abolished 558 judicial interpretations and normative documents. Following the conclusion of the first session of the 12th NPC, the SPC carefully studied the deliberation opinions of the NPC delegates, and made rectification and implementation item by item. The SPC increased routine communication with the NPC delegates, voluntarily informed them the work of the SPC, established an online platform for communication with the NPC delegates and CPPCC members, invited them to join inspections, surveys and observe court trials, and paid visits to NPC delegates to listen to their views. The SPC seriously handled 189 proposals of the NPC delegates, and constantly improved the work of the people's courts in an all-round way.
认真接受人民政协和各民主党派、工商联、无党派人士的民主监督。主动向政协通报法院工作情况,办理全国政协委员提案84件。通过走访调研、召开座谈会、联合开展重大课题研究等方式,加强与各民主党派、工商联、无党派人士联系沟通。 —— Earnestly accepting democratic supervision from the CPPCC, democratic parties, Federation of Industry and Commerce, and non-party personages. The SPC voluntarily notified the CPPCC on the work of the court, and handled 84 proposals submitted by the CPPCC members. It enhanced communication with the democratic parties, Federation of Industry and Commerce, and non-party personages through visits, surveys, seminars, and joint research of major subjects.
积极接受检察机关诉讼监督。认真对待检察机关提出的检察建议,会同最高人民检察院制定关于死刑复核法律监督工作的意见,支持、配合检察机关依法履行诉讼监督职责。依法审理检察机关对生效裁判提出的抗诉案件,共同维护司法公正。 —— Positively accepting litigation supervision from procuratorial organs. The SPC seriously handled procuratorial suggestions from the procuratorial organs, worked with the Supreme People's Procuratorate to formulate opinions on legal supervision of death sentence review, supported and cooperated with the procuratorial organs to fulfill the duty of litigation supervision according to law. The SPC heard prosecutor-protested effective judgments in accordance with law to jointly maintain judicial justice.
广泛接受社会监督。健全民意沟通机制,完善基层联系点制度,在最高人民法院政务网站开设“院长信箱”和“给大法官留言”专栏,认真办理群众来信,广泛听取群众意见。最高人民法院聘请第二届42名特约监督员,主动听取意见建议。自觉接受舆论监督,积极回应社会关切。 —— Widely accepting social supervision. The SPC improved the communication mechanism with the public and the community contact point system, opened special columns of SPC President Mailbox and Message to Justices at the SPC official website, seriously handled letters from the public, and widely listened to the opinions of the people. The SPC employed 42 special supervisors in the second term and actively listened to their opinions and suggestions. The SPC consciously accepted supervision by public opinions, and actively responded to social concerns.
各位代表,过去一年人民法院工作的发展进步,是以习近平同志为总书记的党中央坚强领导,全国人大及其常委会有力监督,国务院大力支持,全国政协、各民主党派、工商联、无党派人士、各人民团体以及地方各级党委、人大、政府、政协、社会各界和全国人大代表、全国政协委员关心、支持、帮助的结果。在此,我代表最高人民法院表示衷心的感谢! Fellow deputies, the development and progress of the people's courts over the past year were attributed to the strong leadership of the Party Central Committee with Comrade Xi Jinping as the General Secretary, the powerful supervision of the NPC and its standing committee, the energetic support of the State Council, and the great care, support and assistance of the CPPCC, democratic parties, Federation of Industry and Commerce, non-party personages, people's organizations, local Party committees, people's congresses, governments and people's political consultative conferences at all levels, people from all walks of life, and NPC delegates and CPPCC members. Here, I would like to extend, on behalf of the SPC, our heartfelt gratitude!
我们清醒地认识到,人民法院工作还存在不少问题和困难:一是有的案件裁判不公、效率不高,损害了有关当事人利益和司法公信力。二是一些法院仍然存在立案难、诉讼难、执行难等问题,在满足人民群众司法需求方面还有差距。三是确保人民法院依法独立公正行使审判权的体制机制还有待健全。四是一些法院管理行政化色彩浓厚,影响了审判质量和效率。五是少数干警官僚主义和特权思想严重,司法行为不规范、不文明,对当事人冷硬横推、吃拿卡要,有的甚至徇私舞弊、贪赃枉法,群众反映强烈。六是随着案件数量持续增长,人民法院办案压力越来越大,部分法院案多人少、人员流失、法官断层等问题仍然比较严重,一些西部、边远、民族地区法院工作条件有待进一步改善,等等。对这些问题和困难,我们将切实采取措施,努力予以解决。 We are keenly aware that there are still many problems and difficulties in the work of the people's courts. First, some cases are judged with unfairness and inefficiency, which harms the benefits of the parties involved and judicial credibility. Second, it remains difficult for case-filing, litigation and judgment enforcement in some people's courts, with a gap in meeting people's judicial requirements. Third, more efforts are needed to improve the system and mechanism guaranteeing people's courts to independently and fairly exercise the judicial power according to the law. Fourth, some courts are under heavy administrative management, which affects the quality and efficiency of trials. Fifth, some court officials are under heavy impacts of bureaucracy and special privilege, resulting in irregular and crude judicial acts, indifference, insolence, prevarication, deliberately creating obstacles, and extortion to concerned parties. Some even commit illegalities for personal gains, pervert justice for a bribe, to the discontent of the public. Sixth, people's courts experienced heavy workload with the sustainable growth of caseloads. Some people's courts have more cases but fewer staff, with serious brain drains and unreasonable personnel structure. Some people's courts in the western region, remote and border areas, and ethnic minority areas need further improve working conditions.
2014年工作安排 Major Tasks for 2014
今年,人民法院要全面贯彻党的十八大和十八届二中、三中全会精神,学习贯彻中央政法工作会议和本次全国人大会议精神,认真贯彻习近平总书记系列重要讲话精神,紧紧围绕“让人民群众在每一个司法案件中都感受到公平正义”的目标,牢牢坚持司法为民、公正司法主线,不断深化司法改革,切实做好执法办案等各项工作。 This year, the people's courts will comprehensively implement the spirits of the 18th National Congress of the CPC, and the second and third plenary meetings of the 18th CPC Central Committee, study and implement the spirits of the central political and legal work conference and this session of the NPC, seriously implement the spirit of the series of important speeches of General Secretary Xi Jinping, closely center on the target of "allowing the people to feel the fairness and justice in every judicial case," firmly uphold the cardinal line of justice for the people and judicial fairness, continuously deepen judicial reform, and conscientiously do all the work well in law enforcement and handling cases.
一是积极推进平安中国、法治中国建设。依法严惩危害国家安全犯罪,严惩昆明“3·01”暴力恐怖袭击群众等一切暴力恐怖犯罪,严惩严重危害社会治安犯罪,严惩破坏军事设施等犯罪,切实维护国家安全和社会稳定,增强人民群众的安全感。积极参与反腐败斗争,加大依法惩治腐败犯罪力度,坚持“老虎”、“苍蝇”一起打,对贪污贿赂、渎职犯罪保持高压态势,促进建设廉洁政治。严格依法履行审判职责,维护国家法制统一、尊严、权威,促进社会公平正义,保障人民安居乐业。 First, actively promoting the construction of a Safe China and the Rule of Law in China. The people's courts will punish severely according to law crimes threatening state security, all violent terrorist crimes including the Kunming 3. 01 violent terrorist attack, crimes seriously endangering social security, crimes damaging military installations, so as to effectively maintain national security and social stability, and to enhance people's sense of security. The people's courts will take an active part in the fight against corruption, strengthen punishment for corruption crimes according to law, eliminate both "tigers" and "flies", maintain high pressure on the crimes of corruption, bribery and dereliction of duty, and promote the construction of clean government. The people's courts will strictly perform judicial functions according to law, safeguard the unity, dignity and authority of the national legal system, promote social equity and justice, and guarantee people to live in prosperity and contentment.
二是为全面深化改革提供有力司法保障。紧紧围绕党中央关于全面深化改革的重大部署,充分发挥刑事、民事、行政等各项审判职能,依法审理改革过程中发生的各类案件。加强对国有企业改制等案件的审理,推动国有企业完善现代企业制度;加强对非公有制企业财产权的保护,支持非公有制经济健康发展;加强对新类型案件的审理,依法保障经济体制改革顺利推进。高度重视审理农村土地承包经营权流转、医疗、食品卫生、社会保障、环境保护等方面的案件,妥善化解相关矛盾纠纷。加强对新情况、新问题的司法应对,及时提出司法建议,依法制定司法解释,促进经济社会持续健康发展。 Second, providing effective judicial guarantee for deepening the reform in an all-round way. The courts will center on the important arrangements of the Party Central Committee on comprehensively deepening reform, give full play to the functions of criminal, civil and administrative trials, and hear all types of cases happening in the course of the reform in accordance with law. The people's courts will strengthen the adjudication of state-owned enterprise restructuring cases and promote state-owned enterprises to improve modern enterprise system. The people's courts will intensify protection efforts to property rights of non-state-owned enterprises, and support sound development of non-public economy. The people's courts will enhance trials of new-type cases, and guarantee smooth progress of economic system reform according to law. The people's courts will attach great importance to hearing cases of transfer of rural land contract and management rights, health care, food sanitation, social security and environmental protection, and properly resolve related conflicts and disputes. The people's courts will strengthen judicial response to new situations and problems, put forward judicial proposals in a timely manner, and establish judicial interpretations in accordance with law, to facilitate healthy and sustainable economic and social development.
三是进一步强化司法为民、公正司法。始终坚持党的群众路线,妥善审理涉民生案件,加强司法便民利民工作,进一步破解立案难、诉讼难、执行难等问题,决不让老百姓打不起官司,切实维护群众合法权益。加强审判管理,规范司法行为,强化监督指导,提高审判质量和效率。规范裁判文书格式,强化裁判文书说理,让当事人无论胜诉败诉都明明白白。健全完善预防和纠正冤假错案工作机制,决不允许执法犯法造成冤假错案,保护无辜者不受追究。更加自觉地接受各方面监督,以监督促公正。 Third, further strengthening justice for the people and judicial fairness. The people's courts will always adhere to the mass line of the Party, properly try cases relating to people's livelihood, facilitate easy access to justice, further solve the difficulties of case-filing, litigation and law enforcement, never let the ordinary people unable to afford lawsuits, and effectively safeguard the legitimate rights and interests of the people. The people's courts will strengthen management of trials, standardize judicial conducts, enhance supervision and guidance, and improve the quality and efficiency of trials. The people's courts will standardize the formats of written documents, intensify reasoning of written judgments, and allow the parties involved to clearly understand their victory and defeat. The people's courts will improve the mechanism for prevention and rectification of unjust, false and erroneous cases, never allow unjust, false and erroneous verdicts to be released because the law-enforcement personnel bend law for selfish ends, and protect the innocent from subject to legal liability. The people's courts will more consciously accept supervision from all walks of life and promote fairness in this account.
四是积极稳妥推进司法改革。在党中央统一领导下,紧紧围绕加快建设公正高效权威的社会主义司法制度推进各项改革,制定、实施《人民法院第四个五年改革纲要(2014-2018)》,服务国家治理体系和治理能力现代化建设。按照让审理者裁判、由裁判者负责的原则,推进审判权运行机制改革试点,解决审判权运行中的行政化问题。全面推进量刑规范化工作,统一量刑标准。进一步深化司法公开,最高人民法院及东中部14个省区市法院的生效裁判文书依法全部上网公布,其他省区法院3年内全部实现这一目标。对减刑、假释案件实行开庭审理,加大暂予监外执行的公示力度,确保减刑、假释和暂予监外执行公开公平公正。推进涉诉信访工作改革,完善申请再审和申诉立案受理制度,严格涉诉信访终结程序,积极开展网上信访、巡回接访、带案下访等工作,妥善解决群众合法合理诉求。推进知识产权法院和资源环境审判机构建设。完善人权司法保障制度。认真研究省以下地方法院人财物统一管理试点方案,探索建立与行政区划适当分离的司法管辖制度和符合法官职业特点的司法人员管理制度。 Fourth, actively and steadily promoting judicial reform. Under unified leadership of the Party Central Committee, the courts will press ahead with all reforms focusing on speeding up construction of a fair, efficient and authoritative socialist judicial system. The SPC will establish and implement the Fourth Five-year Reform Plan of the People's Courts (2014-2018), to serve the modernization drive of the national governance system and governance capacity. The SPC will push forward pilot reform of jurisdiction operation mechanism and de-administration in the operation of judicial authority, under the principles of enabling the judges hearing the cases to reach verdicts and bear related responsibilities. The SPC will fully promote standardization of sentencing, and unify sentencing standards. The SPC will further deepen judicial transparency, and publish according to law all the effective judgments of the SPC and the 14 provincial and municipal people's courts in the eastern and central areas on the Internet. All the other provincial and regional people's courts will realize the goal in three years. The courts will open court sessions for the cases of commutation and parole, and intensify publicity of temporary execution of sentence outside jail, to ensure open, fair and just commutation, release on parole and temporary serving a sentence out of prison. The SPC will promote the reform on litigation-related petitions through letters and visits, improve the system of applying for re-trials and acceptance of cases of prosecutor-protested effective judgments, strictly implement the procedures of ending litigation-related petitions through letters and visits, actively carry out online petitions, circuit reception of petitions and visit petitioners with cases, and properly address reasonable and lawful appeals of the people. The SPC will promote the setup of intellectual property courts and resources and environment tribunals, further improve the system of judicial protection of human rights. The SPC will earnestly study pilot projects of unified management of personnel, funding and properties in local courts under the provincial level, and explore to establish a judicial jurisdiction system properly separating from the administrative divisions and a judicial personnel management system conforming to the professional characteristics of judges.
五是进一步加强法院队伍建设。加强思想政治建设,践行社会主义核心价值观和社会主义法治理念,做到信仰法治、坚守法治、铁面无私、秉公执法。大力加强法院队伍正规化、专业化、职业化建设,提高司法能力。加强对地方法院党的群众路线教育实践活动的指导,持之以恒改进司法作风,保持同人民群众的血肉联系,坚决整治冷硬横推、吃拿卡要、庸懒散奢等不正之风,切实解决关系案、人情案、金钱案等问题。严格落实错案责任追究制度,实行责任倒查、有责必究。以零容忍的态度和刮骨疗毒、壮士断腕的勇气,坚决惩治司法腐败行为,坚决清除法院队伍中的害群之马,努力建设一支信念坚定、执法为民、敢于担当、清正廉洁的法院队伍。 Fifth, further strengthening team building in people's courts. The SPC will consolidate ideological and political building, practice the core values of socialism and the socialist idea of rule of law, and live up to believing in the rule of law, standing fast to the rule of law, and enforce laws impartially and incorruptibly. It will vigorously strengthen regularization, specialization and professionalization of court staff, and enhance their judicial capacity. It will strengthen guidance to local people's courts over the Party's mass line education and practice activities, improve the judicial style in a persistent way, maintain close ties with the people, firmly rectify unhealthy practices of being cold and aloof to the people, speaking to people stiffly and insolently, and shrugging off duties, deliberately creating obstacles, and extortion, indolence and extravagance, and conscientiously solve misjudged cases because of social connections, personal feelings and economic interests. It will strictly implement the misjudged case accountability system, trace back the responsibilities, and ascertain where the responsibility lies. The SPC will, with a zero-tolerance attitude and the courage of scraping the poison off the bone and wrist-breaking, resolutely punish judicial corruption, eliminate the black sheep in the court team, and strive to build a honest and upright team of people's courts who has firm belief, enforces law for the people, and faces up to responsibility.
六是切实加强人民法院基层基础工作。强化审级监督,取消不合理的考核指标,加强对下指导,帮助基层提高司法水平。大力推行法官逐级遴选工作,拓展基层法官职业发展空间。加强司法职业保障,在政策待遇等方面向基层倾斜,努力解决基层法官断层、人员流失等问题和困难,关心基层法官身心健康,加大对西部、边远、民族地区和革命老区法院建设支持力度,加强援藏、援疆、援青等工作,不断改善基层司法条件和环境。加强信息化建设和审判信息数据分析,更好地保障审判执行工作,满足群众司法需求。加强人民法庭工作,充分发挥人民法庭在创新社会治理、促进社会和谐稳定中的重要作用。 Sixth, earnestly strengthening the basic work of people's courts at the basic level. The SPC will intensify trial-level supervision, cancel unreasonable indicators for performance appraisal, enhance guidance for trial work of people's courts at the lower levels, and help the people's courts at the basic level to improve judicial competence. It will vigorously put into force grade-by-grade selection of judges, and expand the career development space of judges at the basic level. It will strengthen judicial occupational security guarantee, give priority to the grassroots in policies and salary treatment, endeavor to solve the problems and difficulties of personnel structural faults and losses of grassroots judges, care for the physical and mental health of judges at the basic level, intensify support to the construction of people's courts in western, remote and ethnic minority areas and old revolutionary base areas, and beef up the work in support of development in Tibet, Xinjiang and Qinghai, and continue to improve the judicial conditions and environments at the basic level. It will strengthen informatization construction and analysis of trial information data, to better safeguard trials and enforcements, and meet judicial demands of the people. It will strengthen the work of people's tribunals, and give full play to the important role of people's tribunals in the innovation of social governance and promotion of social harmony and stability.
各位代表,新形势下人民法院工作责任重大,使命神圣。我们要在以习近平同志为总书记的党中央坚强领导下,高举中国特色社会主义伟大旗帜,以邓小平理论、“三个代表”重要思想、科学发展观为指导,认真贯彻执行本次大会决议,忠实履行宪法和法律赋予的职责,扎实工作,开拓创新,锐意进取,攻坚克难,为实现“两个一百年”奋斗目标和中华民族伟大复兴的中国梦作出新的更大贡献! Fellow deputies, the people's courts shoulder great work responsibilities and sacred missions under the new situation. We will, under the strong leadership of the CPC central committee with Comrade Xi Jinping as General Secretary, hold high the great banner of socialism with Chinese characteristics, take Deng Xiaoping Theory, the important thought of "Three Represents" and the Scientific Outlook on Development as guidance, conscientiously implement the resolutions of this session, faithfully perform the duties endowed by the Constitution and laws, work in a down-to-earth manner, blaze new trails, forge ahead with determination, overcome all difficulties, and make new and greater contribution to achieve the "two centenary" goals and the Chinese Dream of great rejuvenation of the Chinese nation!
(完) (In the event of any inconsistency between the Chinese and English versions,the Chinese version shall prevail.)


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