The Supreme People’s Court work report
— — At the first meeting of the 13th National People’s Congress on March 9, 2018.
Zhou Qiang, Dean of the Supreme People’s Court
Delegates:
On behalf of the Supreme People’s Court, I would like to report my work to the General Assembly, please review it, and invite members of Chinese People’s Political Consultative Conference to give their opinions.
过去五年的主要工作
党的十八大以来的五年，是党和国家事业取得历史性成就、发生历史性变革的五年，也是人民法院工作发生深刻变化、取得重大进展的五年。五年来，在以习近平同志为核心的党中央坚强领导下，最高人民法院坚持以习近平新时代中国特色社会主义思想为指导，全面贯彻落实党的十八大和十九大精神，在全国人民代表大会及其常委会有力监督下，认真落实十二届全国人大历次会议决议，忠实履行宪法法律赋予的职责，紧紧围绕“努力让人民群众在每一个司法案件中感受到公平正义”工作目标，坚持司法为民、公正司法，不断提高审判质量效率、队伍素质能力和司法公信力。2013至2017年，最高人民法院受理案件82383件，审结79692件，分别比前五年上升60.6%和58.8%，制定司法解释119件，发布指导性案例80件，加强对全国法院审判工作监督指导；地方各级人民法院受理案件8896.7万件，审结、执结8598.4万件，结案标的额20.2万亿元，同比分别上升58.6%、55.6%和144.6%。通过发挥审判职能，为统筹推进“五位一体”总体布局和协调推进“四个全面”The strategic layout provides powerful judicial services and guarantees, and constantly enhances the people’s sense of acquisition, happiness and security.
First, conscientiously implement the overall national security concept and further promote the construction of a safe China.
Courts at all levels punished criminal offences according to law, concluded 5.489 million criminal cases of first instance and sentenced 6.07 million criminals, striving to ensure social stability and order and people’s living and working in peace and contentment.
严惩危害国家安全、暴力恐怖等犯罪。把维护国家政治安全特别是政权安全、制度安全放在第一位，加大反恐怖反分裂反邪教斗争力度，依法严惩煽动分裂国家、颠覆国家政权等犯罪，切实维护国家安全。会同有关部门出台办理暴力恐怖和宗教极端刑事案件意见，依法严惩天安门“10·28”、昆明“3·01”等暴恐犯罪，维护社会大局稳定。
严惩贪污贿赂犯罪。坚持“打虎拍蝇”不放松，对腐败犯罪始终保持高压态势，健全职务犯罪案件审判机制，严厉打击和震慑腐败分子。会同最高人民检察院制定办理贪污贿赂案件司法解释，审结贪污贿赂等案件19.5万件26.3万人，其中，被告人原为省部级以上干部101人，厅局级干部810人。依法审理周永康、薄熙来、郭伯雄、令计划、苏荣等重大职务犯罪案件，在白恩培案中首次依法适用终身监禁，彰显党中央惩治腐败的坚强决心。依法惩治行贿犯罪，判处罪犯1.3万人。依法审理贪污扶贫款、农资补贴等犯罪案件，严惩发生在群众身边的涉农腐败。完善犯罪嫌疑人、被告人逃匿、死亡案件违法所得没收程序，依法审理任润厚等案件，决不让腐败分子在经济上得到好处。依法审理“红通1号”杨秀珠等案件，决不让腐败分子逃脱正义的审判。
Severely punish crimes that seriously endanger people’s lives and property. We formulated judicial interpretations for handling criminal cases such as theft, extortion, looting and robbery, concluded 1.315 million related cases and sentenced 1.538 million criminals. Severely crack down on crimes committed by evil forces, and conclude cases in which 36 people, including Liu Han and Liu Wei, organized, led and participated in underworld organizations according to law. Severely punish major accidents, dangerous driving and other crimes that endanger public safety, and conclude 1.271 million related cases. Actively participated in the anti-drug struggle and concluded 571,000 drug-related criminal cases. In conjunction with relevant departments, we will issue opinions on maintaining normal medical order, punish crimes of violent medical injuries according to law, protect the legitimate rights and interests of medical staff and patients, and promote the construction of a harmonious doctor-patient relationship. In conjunction with relevant departments, we issued opinions on handling pyramid schemes, concluded 282,000 economic crimes such as pyramid schemes and illegal business operations, and maintained a good market economic order.
Severely punish crimes against the rights and interests of women and children. Strengthen the protection of women’s and children’s rights and interests, issue guidance with relevant departments, resolutely punish violence, abuse and sexual assault against women and children, and conclude 131,000 related cases. We formulated a judicial interpretation for the trial of cases of trafficking in women and children, severely punished the theft of infants and other acts according to law, and concluded 4685 cases of trafficking in women and children. In conjunction with the Ministry of Education, we issued opinions on the prevention and control of school bullying, actively carried out activities to send law into the campus, and promoted the construction of a safe campus.
Severely punish crimes that endanger food and drug safety and pollute the environment. We intensified the punishment of crimes endangering food and drug safety, and courts at all levels concluded 42,000 related cases, striving to protect people’s right to life and health and "safety on the tip of the tongue". We formulated judicial interpretations for handling criminal cases of environmental pollution, severely punished environmental pollution crimes according to law, and concluded 88,000 related cases.
Severely punish telecommunication network crimes. In conjunction with relevant departments, we will issue opinions on handling cybercrime cases, punish online rumors, spread obscene articles and other crimes according to law, try cases such as "fast broadcast" companies spreading obscene articles for profit according to law, purify cyberspace, and never let the network become a place of extra-legality. Resolutely crack down on telecommunication network fraud, issue applicable legal opinions together with the Ministry of Public Security and other departments, and conclude 11,000 cases of Xu Yuyu being defrauded. We will issue judicial interpretations on cases of infringing citizens’ personal information, severely punish criminal acts such as revealing personal information and illegally buying and selling information, and safeguard citizens’ information security.
Actively participate in the comprehensive management of social security. Adhere to and carry forward the "Fengqiao experience" and vigorously promote the experience of "the masses say things and the judges say things" in Fuxian County, Shaanxi Province, and the participation of Jiangxi Xunwu Court in rural governance. In view of the new situations and problems found in the trial, judicial suggestions were put forward in time to promote the prevention and control of social risks. Conscientiously implement the responsibility system for popularizing the law, and strengthen the interpretation of the law by case in the trial of cases of social concern such as Yu Huan’s intentional injury, which not only reflects the legal scale, but also reflects the judicial temperature, realizes the organic integration of jurisprudence and emotion, and makes the trial of hot cases an open class of the rule of law shared by the whole people.
Second, adhere to strict and fair justice and strengthen judicial protection of human rights.
Resolutely correct and prevent unjust, false and misjudged cases. Insist on seeking truth from facts, correct mistakes, strengthen trial supervision, and be responsible for the law, the people and history. We found and corrected one wrong case, and retried 6,747 criminal cases, including 39 cases with 78 people who were seriously wronged and wrong, such as Hugjiler pattern and Nie Shubin case, and compensated the state according to law, so that justice can be finally realized, so as to correct the wrong cases and promote the progress of the rule of law. Draw a profound lesson, issue guidance on preventing criminal wrongs and wrongs, implement the principles of legally prescribed punishment for a crime, judging by evidence and never suspecting a crime, and acquit 2,943 defendants in public prosecution cases and 1,931 defendants in private prosecution cases according to law, so as to ensure that innocent people are not subject to criminal investigation and that guilty people are punished fairly.
完善人权司法保障措施。认真落实习近平主席特赦令和全国人大常委会决定，依法特赦罪犯31527人。落实公开审判、法庭辩论等诉讼制度，切实保障当事人各项诉讼权利。贯彻宽严相济刑事政策，确保该严则严、当宽则宽。严把死刑案件质量关，确保死刑只适用于极少数罪行极其严重的犯罪分子。联合司法部开展刑事案件律师辩护全覆盖试点，开展法律援助值班律师工作。加强涉未成年人案件审判，完善社会调查、轻罪记录封存等机制，积极开展回访帮教工作，未成年人犯罪案件数量连续5年下降，有力保护未成年人健康成长。出台加强司法救助意见，发放司法救助金26.7亿元，帮助无法获得有效赔偿的受害人摆脱生活困境，加强权利救济，传递司法温暖。
Standardize commutation, parole and temporary execution outside prison. Formulate judicial interpretations for hearing commutation and parole cases, build a unified information-based case-handling platform for commutation and parole with relevant departments, and openly and fairly hear relevant cases according to law, so that there is no room for "black-box operation". Conduct a comprehensive inspection of criminals who have been temporarily executed outside prison, and decide to put 6,470 people in prison for execution. No one will be allowed to enjoy extra-legal privileges, and no one will be allowed to show extra-legal mercy.
Third, thoroughly implement the new development concept and serve to ensure sustained and healthy economic and social development.
Structural reform of service supply side. Courts at all levels concluded 16.438 million commercial cases of first instance, up 53.9% year-on-year. Actively carry out bankruptcy trials, open the national enterprise bankruptcy reorganization case information network, issue the opinion of "changing from execution to bankruptcy", improve the rescue and withdrawal mechanism of market participants, handle "zombie enterprises" in a safe manner according to law, and conclude 12,000 bankruptcy cases. Chongqing Iron and Steel, Northeast Special Steel and other bankruptcy reorganization cases have achieved good results. Formulate judicial interpretation of company law, standardize corporate governance and strengthen the protection of shareholders’ rights. 4.106 million cases of sales contracts were concluded to promote fair trade. 1.321 million cases of real estate disputes were concluded to promote the standardized and orderly development of the real estate market.
Major strategy of serving economic development. Sixteen measures were introduced to provide judicial protection for Chinese enterprises to participate in overseas trade and investment, and to serve the construction of the "Belt and Road". The courts in Beijing, Tianjin and Hebei have established a cooperative mechanism to serve the coordinated development of Beijing-Tianjin-Hebei and the construction of xiong’an new area. The courts in Liaoning, Jilin and Heilongjiang provide judicial services around the revitalization of the old industrial bases in Northeast China. Tianjin, Shanghai, Fujian, Guangdong and other courts have tried relevant cases fairly and efficiently in accordance with the law around the construction of the Pilot Free Trade Zone.
Prevent and resolve financial risks according to law. We issued opinions on strengthening financial trials, concluded 5.03 million cases of loans, insurance and securities, and maintained the order of the financial market. Conclude the first case of securities support litigation in China and safeguard the legitimate rights and interests of small and medium-sized investors. Improve the applicable rules of law in financial leasing cases, and support and guarantee financial services to the real economy. 7.059 million cases of private lending were concluded, and private financing behavior was regulated. 152,000 Internet finance cases were concluded to promote the healthy development of Internet finance. Financial crimes such as illegal fund-raising and insider trading were severely punished. Courts such as Beijing concluded the illegal fund-raising case of "e-renting treasure", while courts in Shandong concluded the case of Xu Xiang and others manipulating the securities market, so as to effectively safeguard financial security.
Strengthen the judicial protection of property rights. Property right is the cornerstone of socialist market economy. We issued 17 opinions on strengthening judicial protection of property rights, tried all kinds of cases involving property rights in accordance with the law, severely punished illegal and criminal acts such as harming entrepreneurs and their legitimate rights and interests, buying and selling hard, extortion and extortion, resolutely corrected cases involving property rights wrongs, and equally protected the legitimate rights and interests of various market entities. Properly handle historical property rights cases, the Supreme People’s Court decided to retry three major property rights cases, including Zhang Wenzhong case and Gu Chujun case. Seven typical cases of protecting property rights were issued. We issued opinions on improving the business environment and equally protecting the non-public economy, formulated 10 specific measures to ensure entrepreneurs’ innovation and entrepreneurship, issued 10 typical cases of equally protecting the non-public economy, protected entrepreneurs’ personal freedom and property rights according to law, and made efforts to create a legal environment to protect entrepreneurs’ entrepreneurship.
Service innovation drives development. The judicial protection program of intellectual property rights in China was issued, giving full play to the role of judicial protection of intellectual property rights, and courts at all levels concluded 683,000 cases of intellectual property rights in the first instance, promoting mass entrepreneurship and innovation. Explore the application of punitive damages in intellectual property trials, and focus on solving the problems of low infringement cost and high cost of safeguarding rights. We will try administrative disputes over the trademark of Jordan and Huawei v. Interactive Digital Company of the United States for abusing its dominant market position in accordance with the law, so as to maintain a fair competitive market environment.
Serve the construction of beautiful China. We issued opinions such as providing judicial guarantee for the construction of ecological civilization and green development in the Yangtze River basin, formulated judicial interpretations such as environmental public interest litigation, concluded 487,000 environmental civil cases, and resolutely safeguarded the ecological environment. In accordance with the law, 11,000 cases of compensation for ecological environmental damage, 1,383 cases of environmental public interest litigation initiated by procuratorial organs and 252 cases of environmental public interest litigation initiated by social organizations were tried. Jiangsu, Zhejiang, Guizhou and other courts have explored and implemented judicial measures for environmental restoration to promote ecological protection. Ningxia court concluded a series of public interest litigation cases on environmental pollution in Tengger Desert, and ordered eight enterprises to invest 569 million yuan to repair the damaged ecological environment.
A new pattern of comprehensive opening of services. 75,000 foreign-related civil and commercial cases were concluded, and the legitimate rights and interests of Chinese and foreign parties were equally protected. More and more foreign parties agreed to choose China courts to settle disputes. Improve the judicial review procedure of arbitration and support arbitration to play a greater role in resolving foreign-related disputes. Serving the maritime power strategy, 72,000 maritime cases were concluded in the first instance, which effectively safeguarded China’s maritime security and judicial sovereignty. We will try the dispute case of the maritime salvage contract of the "Gabriel" according to law, accurately interpret international conventions, and promote the improvement of the maritime rule of law. Strengthen international judicial exchanges and cooperation, handle 15,000 cases of international judicial assistance, and hold the China — ASEAN Chief Justice (Nanning) Forum, China — International judicial conferences, such as the meeting of the Supreme Court Presidents of Central and Eastern European countries (Suzhou) and the Silk Road Judicial Cooperation (Dunhuang) Forum, tell the story of the rule of law in China and spread the voice of the rule of law in China.
Four, adhere to the people-centered development thought, and strive to meet the people’s growing demand for pluralistic justice.
Properly handle cases involving people’s livelihood. Courts at all levels concluded 31.397 million civil cases of first instance, up 54.1% year-on-year. Formulated judicial interpretations on labor disputes, food and drug disputes, and protection of consumers’ rights and interests, and concluded 2.325 million related cases. Clarify the standards for determining work-related injuries and protect the legitimate rights and interests of workers. Hainan, Yunnan, Shaanxi and other courts set up tourism courts to resolve tourism disputes on the spot. We will promote the experience of courts in Henan, Hunan and Sichuan in solving the problem of migrant workers’ difficulty in asking for wages, punish malicious wage arrears according to law, and recover "hard-earned money" of 29.44 billion yuan for migrant workers. Properly handle 1.261 million cases involving "separation of powers" and land acquisition compensation in contracted land, and promote rural reform and development. Properly handle cases involving poverty alleviation and industrial development in poverty-stricken areas, and promote accurate poverty alleviation and poverty alleviation.
Maintain the harmony and stability of marriage and family. Family is the cell of society, and everything is prosperous. The Supreme People’s Court, together with the All-China Women’s Federation and other 14 units, established a joint conference system for family trial reform, and carried out pilot reforms of family trial methods in 118 courts in Shanxi, Jiangsu, Guizhou, Xinjiang and other places, exploring the establishment of cooling-off period and psychological evaluation services for family cases. Recover alimony for the elderly according to law, and conclude 126,000 related cases. Formulate a judicial interpretation of the trial of husband and wife debt disputes, clarify the criteria for determining the joint debt of husband and wife, and equally protect the legitimate rights and interests of all parties. The anti-domestic violence law was fully implemented, and 2,154 personal safety protection orders were issued, building a "wall" between the perpetrators and the victims, and earnestly safeguarding the personal safety and personal dignity of women, children, the elderly and the disabled. 8.546 million marriage and family cases were concluded, effectively resolving marriage and family disputes, maintaining the fine tradition of the Chinese nation attaching importance to the family, and making the family a happy harbor of life.
Properly resolve administrative disputes. Courts at all levels concluded 913,000 administrative cases of first instance, up 46.2% year-on-year, supporting and supervising administrative organs to perform their duties according to law. Support the "streamline administration, delegate power, strengthen regulation and improve services" reform through judicial review and serve the construction of a government ruled by law. Properly handle cases such as land acquisition and demolition, support the transformation of urban villages and shanty towns, and safeguard the legitimate rights and interests of those who have been demolished. Cooperate with the work of promoting the person in charge of the administrative organ to appear in court and respond to the lawsuit, adhere to the principle of equal emphasis on judging according to law and coordinating and resolving, and promote the substantive settlement of administrative disputes.
Strive to facilitate mass litigation. Promote the experience of "internet plus Litigation Service" in Hefei, Anhui Province, and 86% of the courts in China have established information litigation service halls to provide online and offline, convenient and fast "one-stop" litigation services for the parties. Develop a "smart court navigation system" to achieve accurate litigation services, let data run more, and let the people run less errands. Courts in Inner Mongolia, Yunnan, Tibet and Qinghai have promoted "vehicle court", courts in Hubei, Chongqing and Gansu have promoted "knapsack court" in mountainous areas, courts in Xinjiang and Corps have conducted circuit trials in agricultural and pastoral areas, and judges have gone deep into fields and grassland forests to resolve disputes on the spot, making justice more convenient for people and close to the masses. Formulate regulations to protect lawyers’ practice rights, and establish a lawyer service platform to facilitate lawyers to participate in litigation. Make full use of the national court remote video interview system and the online complaint and petition platform to facilitate the masses to express their demands according to law. We will reduce the legal fees for the parties by 1.99 billion yuan, and strengthen legal aid with the judicial administrative organs to ensure that people with difficulties can afford the lawsuit.
Protect the legitimate rights and interests of compatriots from Hong Kong, Macao and Taiwan, overseas Chinese and their relatives. 81,000 cases involving Hong Kong, Macao and Taiwan and overseas Chinese were concluded, and 58,000 cases involving Hong Kong, Macao and Taiwan were handled. Sign two arrangements, such as mutual recognition between the mainland and Hong Kong and execution of civil judgments on marriage and family, to broaden the scope of judicial assistance. Four judicial interpretations and documents were issued, including the provisions on receiving mainland residents serving sentences in Taiwan Province to return to the mainland to serve their sentences, to promote cross-strait judicial assistance.
Strengthen the work of safeguarding rights related to the military. We issued opinions on safeguarding national defense interests and the legitimate rights and interests of military families, and promoted the "Tangyin experience", "Xinyang model" and "Hubei-Henan-Anhui model" concerning military rights protection. Military courts and local courts tried 6,491 cases of destroying military facilities and military marriages, properly tried cases of the PLA and the Armed Police Force completely stopping paid services, served the reform and construction of national defense and the army, and promoted the unity of the military, the government and the people.
Vigorously carry forward the socialist core values. Jointly carry out educational activities on the theme of "promoting justice through publicity and building core values" with the Central Propaganda Department, cultivate and practice socialist core values in judicial work, and give full play to the functions of education, evaluation, guidance and standardization of the judiciary. The judicial interpretation of medical damage liability disputes was issued to clarify the specific situation of emergency treatment exemption in hospitals, so as to provide judicial guarantee for doctors to save lives. We will try a series of cases that infringe on the reputation right of the "Five Heroes of Langya Mountain" according to law and resolutely safeguard the heroic image. According to the law, "the case of discouraging smoking in the doctor’s elevator" and "the case of Zhu Zhenbiao chasing the hit-and-run traffic accident" will be tried, so that the behavior of safeguarding the law and public interests will be encouraged, the behavior that violates the law and social morality will be punished, the courageous people will dare to act, and the rules of conduct will be established by fair judgment, leading the social fashion.
V. Overcoming difficulties and making significant progress in "basically solving implementation difficulties"
Courts at all levels stepped up enforcement efforts and made great efforts to solve enforcement difficulties. They accepted 22.246 million enforcement cases and executed 21 million cases, with an amount of 7 trillion yuan, up by 82.4%, 74.4% and 164.1% respectively.
Promote the formation of a difficult work pattern for comprehensive management implementation. In March 2016, the "two to three years to basically solve the implementation difficulties" was deployed in courts across the country, and the work outline and implementation plan were formulated, and the timetable and road map were clearly defined. Local party and government organs at all levels attach great importance to the implementation work, and generally incorporate solving the implementation difficulties into the key work of rule of law construction, effectively forming a joint effort to solve the implementation difficulties. With the joint participation of many departments in Beijing and Henan, the Beijing court successfully executed the first case of 10,000 tons of grain in different places in China.
Effectively solve the problem of finding people, finding things and realizing property. Established a network execution inspection and control system with more than 10 units including the Ministry of Public Security and the China Banking Regulatory Commission, and inspected and controlled the executed person and his property by means of informationization, networking and automation. A total of 39.1 million cases were inquired and 202.07 billion yuan was frozen, which greatly improved the execution efficiency. A unified national online judicial auction platform has been established. Since it was launched in March 2017, a total of 369,000 online auctions have been conducted, with a turnover of 254.53 billion yuan and a premium rate of 52%, which has saved the parties 7.8 billion yuan in commission and achieved zero complaints about violations of discipline and law in the field of high-risk judicial auctions.
Continuously improve the implementation management system and mechanism. In Zhejiang, Guangdong, Guangxi and other places, pilot reforms were carried out to separate judicial power from executive power. The execution command center was established, and the information management of the whole execution case was carried out. The execution command system of the fourth-level court was basically completed, and the execution management mode was greatly changed. We will formulate 15 judicial interpretations such as property preservation and 33 guiding documents such as "Ten Prohibitions" to standardize enforcement actions, supervise and supervise cases that have been strongly reflected by the masses, and effectively solve problems such as negative enforcement and selective enforcement.
Strongly implement joint credit punishment. Conscientiously implement the deployment of the Central Committee’s deep reorganization, improve the credit supervision, warning and punishment mechanism for those who have broken their promises, establish a list system for those who have broken their promises, and build a credit punishment network in conjunction with more than 60 units including the National Development and Reform Commission to form a credit punishment system with multi-departments, multi-industries and multi-means. Innovating the working mechanism, the Jiangxi court established the "exposure desk for the person who broke the trust", and the courts in Hebei, Shanxi, Inner Mongolia, Qinghai and other places carried out special actions to effectively settle a large number of cases. Courts across the country have publicized 9.961 million people’s information about people who have lost their trust, restricted 10.148 million people to buy air tickets, restricted 3.912 million people to take motor trains and high-speed trains, and 2.215 million people took the initiative to fulfill their obligations because of credit punishment; The punishment for resisting execution was intensified, and 9,824 criminals were sentenced for refusing to execute judgments and rulings. The credit punishment pattern of "breaking promises at one place and being restricted everywhere" was initially formed, which effectively promoted the construction of social credit system.
Six, deepen the reform of the judicial system, and promote the modernization of the trial system and trial capacity.
Resolutely implement the decision-making arrangements of the CPC Central Committee, 18 reform tasks led by the Supreme People’s Court have been completed, and 65 reform measures put forward by the opinions on comprehensively deepening the reform of the people’s courts have been pushed forward in an all-round way, making reforms that have been thought about and talked about for many years but have not been made, and the judicial reform of the people’s courts has achieved important phased results.
Deepen the reform of the court organization system. According to the deployment of the CPC Central Committee, the Supreme People’s Court has set up six circuit courts. In 2017, the circuit court concluded a total of 12,000 cases, accounting for 47% of the total number of cases handled in the Supreme People’s Court, realizing the shift of the focus of the highest judicial organ and being called "the Supreme People’s Court at home" by the masses. Give full play to the advantages of the Circuit Court in being close to the grassroots level and resolving disputes nearby. It received 46,000 people’s visits, and the total number of visits received by the Supreme People’s Court Headquarters decreased by 33.2%, helping to maintain social stability in the capital. Promote the construction of cross-administrative courts and focus on solving the problem of "home and away" litigation. Set up intellectual property courts in Beijing, Shanghai and Guangzhou and 15 intellectual property courts in Tianjin, Nanjing and Wuhan to effectively improve the level of specialized trials of intellectual property rights.
We will fully implement the reform of the registration system. From May 1, 2015, the registration system for filing a case will be fully implemented, and the examination of filing a case will be changed to registration. For cases that should be accepted according to law, the case must be established and the lawsuit must be dealt with, and the registration rate on the spot will exceed 95%. Strengthen supervision, and put an end to the problem that a case is not established and the case is delayed. Punish false litigation according to law and maintain normal litigation order. In Fujian, Ningxia and other courts to carry out cross-domain filing pilot projects, build a new pattern of filing on the spot, online filing, self-help filing and cross-domain filing, so that the problem of "difficulty in filing a complaint" that has been strongly reflected by the people for a long time really becomes history.
Comprehensively promote basic reforms such as the judicial responsibility system. The national courts selected 120,138 post judges from 211,990 judges, among which the Supreme People’s Court selected 367 post judges. Actively carry out the reform of the job sequence of judge assistants and clerks, enrich the auxiliary power of trials, and realize that more than 85% of the personnel are concentrated in the front line of handling cases. We will improve the responsibility system for handling cases by judges and collegiate panels, reform the operational mechanism of trial power, and realize "letting the judges judge and the judges are responsible". Judges will be responsible for the quality of handling cases for life, which will fully stimulate the enthusiasm and sense of responsibility of the majority of judges. Adhere to the combination of decentralization and supervision, and build a supervision and management mechanism for the whole process of all employees. Improve the guarantee mechanism for judicial personnel to perform their duties according to law. We will promote the reform of provincial-level unified management of people and property and strive to build a new judicial management system.
Actively promote the reform of the criminal procedure system centered on trial. In conjunction with relevant departments, we will issue reform opinions, and try out three rules in national courts: pre-trial meeting, excluding illegal evidence and court investigation, so as to improve the criminal procedure system. Popularize the experience of Wenzhou, Zhejiang, Chengdu, Sichuan and other places, promote the materialization of trial, improve the mechanism of investigators, appraisers and witnesses to testify in court, protect lawyers’ rights of marking papers, cross-examination, debate and defense according to law, and give play to the decisive role of trial in ascertaining facts, identifying evidence, protecting litigation rights and fair judgment. Shanghai and Guizhou Higher People’s Courts have formulated guidelines on common criminal evidence standards to promote the quality of handling criminal cases.
Promote diversified solutions to contradictions and disputes and the diversion of complicated cases. Popularize the "Meishan experience" in Sichuan, "Weifang experience" in Shandong and "Maanshan experience" in Anhui, strengthen the docking of litigation and mediation, give full play to the role of people’s mediation, and guide the parties to choose mediation and arbitration to resolve conflicts. Jointly with the Ministry of Justice, we will carry out pilot projects of lawyer mediation and improve the lawyer mediation system. Adhering to the principle of legality and voluntariness, courts at all levels handled 13.961 million cases through mediation. Establish a national court online mediation platform to resolve disputes in a timely and convenient manner. Guiding opinions on the diversion of complexity and simplification were issued, and 32.416 million cases were concluded by grass-roots courts across the country by applying summary procedures and small claims procedures. Actively promote the innovation of mechanism such as factor trial, writ document and demonstration litigation, and effectively improve judicial efficiency. According to the authorization of the National People’s Congress Standing Committee (NPCSC), the pilot reform of the system of quick criminal adjudication, confession and leniency was carried out in 18 areas, such as Shenyang, Changsha and Xi ‘an, which shortened the period of handling cases and further accelerated the realization of justice.
Promote the reform of the people’s jury system. Authorized by the National People’s Congress Standing Committee (NPCSC), the pilot reform of the people’s jury system has been implemented in 50 courts in Heilongjiang, Guangxi and Chongqing, so as to improve the universality and representativeness of jurors and let the people participate in and supervise the administration of justice. We improved the jury participation mechanism, and jurors participated in 12.957 million cases nationwide.
Seven, further promote the construction of smart courts, open, dynamic, transparent and convenient sunshine judicial mechanism has basically taken shape.
Significant progress has been made in judicial openness. Adhere to the principle of publicity, with the exception of non-publicity, and make judicial publicity cover all fields and links of court work. Open four public platforms: trial process, trial activities, judgment documents and execution information. While satisfying the parties’ right to know and participate, they consciously accept supervision, forcing judges to improve their judicial ability and let the people feel fairness and justice in a visible way, which has a wide impact at home and abroad. As of the end of February this year, 646,000 court trials were broadcast live on the China Court Trial Open Network, with a viewing volume of 4.85 billion; China Judgment Document Network published 42.783 million documents, with 13.34 billion visitors, covering more than 210 countries and regions, making it the world’s largest judgment document resource library. Strengthen the construction of new media such as websites, Weibo, WeChat and clients, and actively disclose judicial information so that judicial justice can be seen, evaluated and supervised.
Informatization construction realizes leap-forward development. Vigorously implement the "balance project", initially form a smart court characterized by networking, sunshine and intelligence, and realize online handling of all business, open whole process according to law and intelligent service. All 3,525 courts and 10,759 people’s courts in China are connected to the private network, realizing "one network" to handle cases, leaving traces throughout the process and accepting supervision throughout the process. Through electronic litigation, 12368 litigation service hotline and other information means, reduce mass travel, save litigation costs, and promote energy conservation and emission reduction.
Big data applications continue to advance. We will build a big data management and service platform for people’s courts, collect data and information on trial execution in national courts in real time, provide intelligent services for judges and the masses, and provide scientific reference for decision-making by party committees and governments. We will promote the research and development of artificial intelligence in the trial field, and apply the intelligent auxiliary case-handling platforms such as "Faxin", "Digital Library" and "Trial Speech Recognition" to provide judges with services such as case reference and document error correction. Promote the generation of electronic files with cases and provide online access services for electronic files. In Jilin, Zhejiang, Hainan and other 14 provinces and cities, the pilot reform of "online data integration processing" for road traffic accident damage compensation disputes was carried out to realize multi-department and one-network case handling, and the dispute settlement was more convenient. Set up the world’s first Internet court in Hangzhou, Zhejiang, to realize online evidence extraction and online dispute fast trial, and explore a new mode of trial of Internet-related cases.
八、坚持全面从严治党、从严治院，建设忠诚干净担当的人民法院队伍
以习近平总书记提出的“五个过硬”要求为目标，大力加强人民法院队伍建设，切实提升正规化、专业化、职业化水平。
加强政治建设。坚决维护以习近平同志为核心的党中央权威和集中统一领导，严守政治纪律和政治规矩，坚决做到维护核心、绝对忠诚、听党指挥、勇于担当。扎实开展党的群众路线教育实践活动、“三严三实”专题教育，推进“两学一做”学习教育常态化制度化，牢固树立“四个意识”，切实增强“四个自信”。加强人民法院党的建设，严肃党内政治生活，以党建带队建促审判。认真接受中央巡视，狠抓整改落实。认真贯彻习近平总书记重要指示精神，深入开展向邹碧华同志学习活动，涌现出以黄志丽、刘黎、郭兴利、方金刚等为代表的一大批先进典型。各级法院共有1777个集体、2739名个人受到中央有关部门表彰奖励。面对繁重的工作任务，广大干警不辞辛劳，无私奉献，85名法官积劳成疾或遭受暴力伤害因公牺牲，他们是共和国审判事业的忠诚卫士，他们用奉献诠释了为民情怀，用生命捍卫了公平正义。
Strengthen judicial capacity building. Adhere to demand orientation and strengthen education and training. Courts at all levels have trained 2.416 million police officers. Efforts were made to train high-level judicial talents and select 209 "national judicial experts". Through the training bases in Lhasa, Tibet and Zhouqu, Gansu, bilingual judges will be trained to provide more convenience for the litigation of ethnic minorities. Establish a system of attachment scholars, legal scholars and legal interns, and promote the improvement of the training mechanism for talents under the rule of law. Consolidate the grassroots foundation, strengthen the funding guarantee, and significantly improve the working conditions at the grassroots level. We will increase assistance to courts in Tibet, Xinjiang and Tibetan areas in Sichuan, Yunnan, Gansu and Qinghai provinces. Strengthen supervision and guidance on the work of grass-roots courts and help grass-roots units improve the quality and effectiveness of trials.
Resolutely punish judicial corruption with a zero tolerance attitude. We will strictly manage the Party’s "two responsibility" in an all-round way, conscientiously implement the spirit of the eight central regulations and the detailed rules for their implementation, and courts at all levels will investigate and deal with 1,011 police officers who violate the spirit of the eight central regulations, and seriously hold accountable 1,762 court leading cadres who fail to perform their duties. Strictly implement the "two regulations" of judicial inspection, judicial supervision and prevention of interference in cases, continuously improve the judicial style, and prevent the "four winds" issue from rebounding. Strengthen warning education and draw profound lessons from Xi Xiaoming and other cases of violating discipline and law. Insisting on anti-corruption, there is no forbidden zone, full coverage and zero tolerance, the Supreme People’s Court investigated and dealt with 53 police officers who violated discipline and law in our hospital, and courts at all levels investigated and dealt with 3,338 police officers who used the power of trial execution, of which 531 were transferred to judicial organs for handling.
Nine, consciously accept supervision, and constantly improve the work of the people’s court.
Consciously accept the supervision of the NPC. The Supreme People’s Court conscientiously implemented the opinions and suggestions put forward by the deputies at the successive sessions of the 12th National People’s Congress, and strengthened supervision. Report to the National People’s Congress Standing Committee (NPCSC) on comprehensively deepening judicial reform, deepening judicial openness and standardizing judicial behavior, and improve the work according to the deliberation opinions. Handle 1381 deputies’ suggestions, fully adopt deputies’ opinions in strengthening environmental resources trials, maintaining harmonious labor relations, and safeguarding food and drug safety, and promote fair justice. Representatives of the National People’s Congress were invited to inspect 87 batches of people’s courts, and 4,530 people listened to their opinions by attending court hearings and holding symposiums, thus continuously broadening the channels of supervision.
Seriously accept democratic supervision. Adhere to socialist deliberative democracy, consciously accept the democratic supervision of the CPPCC, democratic parties, federations of industry and commerce, and personages without party affiliation, actively participate in Chinese People’s Political Consultative Conference’s special consultations and other activities, and build a broad consensus. Visited and received 620 committee members from Chinese People’s Political Consultative Conference, handled 539 CPPCC proposals, and adopted opinions from all sides in a timely manner.
Accept the litigation supervision of procuratorial organs according to law. In conjunction with the Supreme People’s Procuratorate, we will formulate regulations on legal supervision of death penalty review and civil execution, try protest cases filed by procuratorial organs according to law, take procuratorial suggestions seriously, and jointly safeguard judicial justice.
广泛接受社会监督。开展特约监督员、特邀咨询员调研座谈、列席审委会等活动360次。通过“院长信箱”等平台，畅通民意沟通渠道。召开新闻发布会117场，主动接受舆论监督。
各位代表，五年来人民法院工作的发展进步，得益于以习近平同志为核心的党中央坚定推进全面依法治国战略部署，得益于党和国家事业取得历史性成就、发生历史性变革的大环境，充分证明中国特色社会主义司法制度具有巨大优越性，中国特色社会主义法治道路越走越宽广，法治中国前景无限光明。这些成绩的取得，根本在于以习近平同志为核心的党中央坚强领导，根本在于习近平新时代中国特色社会主义思想的科学指引，根本在于习近平总书记作为党中央核心和全党核心的掌舵领航。五年来成绩的取得，是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、人民团体、无党派人士民主监督，地方各级党政机关、社会各界、全国人大代表、全国政协委员和广大人民群众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！
We are clearly aware that there are still many problems and difficulties in the work of the people’s courts: First, there is still a big gap between the judicial concept, judicial ability and working mechanism and the development of the situation in the new era and the needs of the people. Second, the reform of the judicial system still needs to be further deepened. Some highly interrelated and mutually supporting reform measures are not synchronized, and the systematicness, integrity and synergy of the reform need to be further enhanced. Third, there are still weak links in basic infrastructure construction, such as the fault of some courts and the brain drain. The judicial ability of basic units needs to be further improved, and the supervision and guidance mechanism of the Supreme People’s Court needs to be improved. Fourth, the internal supervision mechanism needs to be further improved, the problems of improper judicial style and irregular judicial behavior still exist, and the situation of the anti-corruption struggle is still severe and complicated. Some judges, bending the law, seek personal gains through cases, which seriously damages judicial justice. Fifth, the number of cases accepted by the people’s courts is increasing year by year. Some courts are under great pressure to handle cases, and some judges have been overworked for many years, and their physical and mental conditions are worrying. Sixth, the guarantee for judicial personnel to perform their duties needs to be strengthened, and the judicial environment needs to be further improved. We will try to solve these problems and difficulties by deepening reform.
2018年工作建议
2018年，人民法院将坚持以习近平新时代中国特色社会主义思想为指导，坚持党的领导、人民当家作主、依法治国有机统一，坚定不移走中国特色社会主义法治道路，深入贯彻落实党的十九大和十九届一中、二中、三中全会以及中央政法工作会议精神，紧紧围绕统筹推进“五位一体”总体布局和协调推进“四个全面”战略布局，紧紧围绕“努力让人民群众在每一个司法案件中感受到公平正义”工作目标，认真落实本次大会决议，认真学习宣传贯彻宪法修正案，切实履行宪法法律赋予的职责，为经济社会持续健康发展提供有力司法服务和保障。
一是深入学习贯彻习近平新时代中国特色社会主义思想。在全国法院开展全员轮训，持续深入学习党的十九大精神，在学懂弄通做实上下功夫。坚持以习近平新时代中国特色社会主义思想武装头脑、指导实践、推动工作，切实增强“四个意识”，不断坚定“四个自信”，坚决维护以习近平同志为核心的党中央权威和集中统一领导。准确把握新时代中国特色社会主义的新要求，紧密联系实际，狠抓工作落实，确保党中央决策部署在人民法院得到不折不扣贯彻执行。
二是依法惩治犯罪，全力维护国家安全和社会稳定。严厉打击渗透颠覆破坏、暴力恐怖、民族分裂等犯罪活动，依法开展扫黑除恶专项斗争，依法严惩黑恶势力、涉枪涉爆、黄赌毒、传销、拐卖妇女儿童、电信网络诈骗等犯罪，维护国家长治久安。依法惩治职务犯罪，严惩发生在群众身边的腐败犯罪。认真贯彻国家监察法，推动司法审判与国家监察有机衔接。依法惩治集资诈骗、非法吸收公众存款等涉众型犯罪，维护良好社会秩序。
The third is to try all kinds of cases in the economic field according to law and create a good legal environment for high-quality economic development. Focusing on the structural reform of the service supply side and the three major battles of preventing and resolving major risks, accurately getting rid of poverty, and preventing and controlling pollution, we will improve judicial policies and try cases such as bankruptcy and reorganization, financial disputes, and equity disputes according to law to serve the construction of a modern economic system. Strengthen judicial protection of property rights, protect honesty, trustworthiness and fair competition according to law, resolutely prevent economic disputes from being treated as crimes, and resolutely prevent civil liability from being turned into criminal liability, so that entrepreneurs can concentrate on starting businesses, invest with confidence, and operate with peace of mind, making property safer and rights more secure. Conscientiously implement the Opinions on Strengthening Reform and Innovation in the Field of Intellectual Property Trial adopted by the Central Deep Reform Group, improve the intellectual property litigation system, and optimize the legal environment for scientific and technological innovation and the transformation of scientific and technological achievements. Improve the trial mechanism of environmental resources and promote green development. Conscientiously implement the Opinions on Establishing the "Belt and Road" Dispute Resolution Mechanism and Institutions adopted by the Central Deep Reform Group, strengthen foreign-related commercial, maritime and intellectual property trials, set up the the Supreme People’s Court International Commercial Tribunal, and promote the construction of the "Belt and Road" diversified dispute resolution mechanism. Strengthen the trial of cases involving Hong Kong, Macao and Taiwan and overseas Chinese, and actively handle cases of mutual legal assistance. Ensure the implementation of the regional coordinated development strategy, support the development of old revolutionary base areas, ethnic minority areas, border areas and poverty-stricken areas, and serve the construction of xiong’an new area, Pilot Free Trade Zone, Independent Innovation Demonstration Zone and Guangdong-Hong Kong-Macao Greater Bay Area.
The fourth is to uphold justice for the people and earnestly safeguard the legitimate rights and interests of the people. Actively adapt to the new changes in major social contradictions, constantly improve the level of judicial service guarantee, and better meet the people’s growing needs for a better life. We will try cases involving education, employment, medical care, consumption, marriage, and old-age care in accordance with the law, intensify efforts to deal with the problem of wage arrears according to law, and promote the protection and improvement of people’s livelihood. Severely punish crimes that endanger food and drug safety, and strictly investigate the responsibility of illegal producers and operators. Try all kinds of agricultural disputes according to law, give full play to the role of people’s courts in rural governance, and serve the implementation of rural revitalization strategy. Try administrative cases according to law and effectively resolve administrative disputes. We will promote the practice of setting up military-related courts in some courts, try military-related cases according to law, provide judicial guarantee for the PLA and the Armed Police Force to completely stop paid services, earnestly safeguard national defense security and the legitimate rights and interests of military families, and serve and support military reform and construction. Adhere to and develop the "Maple Bridge Experience", improve the diversified solution mechanism of contradictions and disputes, and provide the people with judicial services that combine online and offline, litigation and mediation. Respect and guarantee lawyers to perform their duties according to law and jointly promote fair justice. Actively carry out the interpretation of the law by case and vigorously carry forward the socialist core values. This year is the decisive battle year of "basically solving the implementation difficulties", and the task is very heavy. The people’s courts will go all out to coordinate as a whole, not afraid of difficulties and obstacles, and ensure that the goal of "basically solving the implementation difficulties" is achieved as scheduled.Resolutely overcome the stubborn disease of difficulty in implementation, which hinders fairness and justice and harms people’s rights and interests.
Fifth, deepen the reform of the judicial system and improve the judicial system in Socialism with Chinese characteristics. Unswervingly safeguard the legal authority of the Constitution, implement the constitutional oath system, and resolutely fight against all acts that violate the Constitution. We will deepen the comprehensive reform of the judicial system, promote the experience of pilot areas such as Shanghai in a timely manner, and continuously enhance the systematicness, integrity and synergy of the reform. We will fully implement the judicial responsibility system and improve the mechanism for identifying and investigating the responsibility for illegal trials. Accelerate the reform of the criminal procedure system centered on trial. Deepen the pilot reform of the system of pleading guilty and accepting punishment. Adhere to strict and fair justice and ensure the independent and fair exercise of judicial power according to law. The reform of the people’s courts has entered the stage of comprehensive support and in-depth promotion. We will not be afraid of difficulties and challenges, persist in the reform and constantly release the reform dividend, so that the people can gain more sense of fairness and justice.
Sixth, continue to deepen judicial openness and accelerate the construction of smart courts. Expand the trial live broadcast, documents online, trial process and the scope of various judicial information disclosure, and comprehensively expand the breadth and depth of judicial disclosure. Strengthen the deep integration of informatization, artificial intelligence and court work, and improve intelligent auxiliary case handling systems such as intelligent trial support, court trial voice recognition, and electronic file generation with the case. Build a world-class judicial big data research institute, deeply use trial information and promote social governance. Combine the advantages of the socialist judicial system with modern science and technology, and strive to create a higher level of socialist judicial civilization.
七是建设过硬队伍，确保公正廉洁司法。始终把政治建设摆在首要位置，扎实开展“不忘初心、牢记使命”主题教育，推动全面从严治党、从严治院向纵深发展。加大教育培训力度，加强法律适用研究，切实提高司法能力。加强基层建设，关心关爱干警，保护法官依法履行法定职责，进一步提升基层司法水平。自觉接受人大监督、民主监督、检察机关诉讼监督和社会监督。坚持反腐败无禁区，以零容忍态度坚决惩治司法腐败，营造风清气正的司法环境。
各位代表，新时代要有新气象新作为。我们要更加紧密团结在以习近平同志为核心的党中央周围，坚持以马克思列宁主义、毛泽东思想、邓小平理论、“三个代表”重要思想、科学发展观、习近平新时代中国特色社会主义思想为指导，坚定不移走中国特色社会主义法治道路，不忘初心、牢记使命，开拓进取、扎实工作，为决胜全面建成小康社会、夺取新时代中国特色社会主义伟大胜利、实现中华民族伟大复兴的中国梦作出新的更大贡献！
（新华社北京3月25日电）
