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on the Work of the Supreme People’s Court
——2014年3月10日在第十二届全国人民代表大会第二次会议上 – Delivered at the Second Session
of the Twelfth National People’s Congress on March 10, 2014
最高人民法院院长
周强 Zhou Qiang, President of the Supreme
People’s Court
各位代表：
Fellow
Deputies, 我代表最高人民法院向大会报告工作，请予审议，并请全国政协各位委员提出意见。
On behalf of the Supreme People’s
Court (SPC), I now present to you the report on the work of the SPC for your
deliberation, and I welcome comments on my report from the members of the
National Committee of the Chinese People’s Political Consultative Conference
(CPPCC).
2013年主要工作 Review
of Work in 2013
2013年，最高人民法院在以习近平同志为总书记的党中央坚强领导下，在全国人民代表大会及其常委会有力监督下，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，坚持服务大局、司法为民、公正司法，忠实履行宪法和法律赋予的职责，各项工作取得新进展。最高人民法院受理案件11016件，审结9716件，比2012年分别上升3.2%和1.6%；地方各级人民法院受理案件1421.7万件，审结、执结1294.7万件，同比分别上升7.4%和4.4%。通过充分履行职能，为推进平安中国、法治中国建设作出积极贡献。
In 2013, the SPC, under the
strong leadership of the Central Committee of the Communist Party of China
(CPC) with Comrade Xi Jinping as General Secretary, and under the effective
supervision of the National People’s Congress (NPC) and its standing committee,
closely centered on the goal of “letting the people to feel fairness and
justice in each judicial case,” adhered to serving the overall situation,
administrating justice for the people and maintaining judicial fairness,
performed the duties conferred by the Constitution and laws faithfully, and
made new progress in all the work. During the year, The SPC accepted and heard
11,016 cases of various types, up 3.2% over 2012, and concluded 9,716 cases, up
1.6% over 2012. Local people’s courts at various levels accepted and heard
14.217 million cases of various types, up 7.4% over 2012, and concluded and
enforced 12.947 million cases, up 4.4% over 2012. It made a positive
contribution to promoting safety and rule of law in the country, by fully
performing its functions.
一、依法惩治犯罪、保障人权、化解矛盾，维护社会和谐稳定 I. Punishing
crimes, Protecting Human Rights and Resolving Contradictions in accordance with
Laws to Safeguard Social Harmony and Stability
依法惩治危害国家安全和社会稳定的犯罪。各级法院审结一审刑事案件95.4万件，判处罪犯115.8万人。依法严惩煽动分裂国家、暴力恐怖袭击等危害国家安全和公共安全犯罪，严惩严重危害人民群众生命财产安全的犯罪，审结杀人、抢劫、绑架、爆炸、强奸、拐卖妇女儿童、黑社会性质组织犯罪等案件25万件，判处罪犯32.5万人。最高人民法院会同有关部门发布指导意见，依法惩治性侵儿童犯罪和危害校园安全犯罪，加强对未成年人的保护。发布关于办理盗窃、敲诈勒索、抢夺等刑事案件司法解释，各级法院审结侵犯财产犯罪案件30.3万件，判处罪犯39.8万人。发布关于办理寻衅滋事、编造传播虚假恐怖信息等刑事案件司法解释，指导地方法院正确审理相关案件，依法惩治破坏社会秩序犯罪。发布关于办理利用信息网络实施诽谤等刑事案件的司法解释，统一法律适用，打击利用网络造谣传谣的犯罪行为，维护良好的网络环境。依法惩治扰乱医疗秩序的违法犯罪行为，切实保护医务人员和广大患者合法权益。明确“醉驾”的认定标准，各级法院审结危险驾驶犯罪案件9万件。积极参与禁毒斗争，审结毒品犯罪案件9.5万件，判处罪犯9.9万人。最高人民法院认真做好死刑复核工作，严把案件事实关、证据关、法律关，确保死刑只适用于极少数罪行极其严重的犯罪分子。
– Punishing the crimes of
endangering national security and social stability in accordance with laws. The
people’s courts at various levels concluded 954,000 criminal cases of first
instance, and convicted 1.158 million criminals. The people’s courts severely
punished the crimes of endangering national security and public safety through
inciting to split the country and launching violent terrorist attacks, and of
greatly threatening the safety of people’s lives and properties. The people’s
courts concluded 250,000 cases of severe crimes, including homicide, robbery,
kidnapping, explosion, rape, the trafficking in women and children, and
organized crime committed by Mafia-like gang. A total of 325,000 criminals
involved in these cases were convicted and punished. The SPC issued guidance
jointly with other organizations concerned to punish according to law the crimes
of sexual aggression against children and the crimes against campus safety, and
to strengthen juvenile protection. The SPC published a judicial interpretation
on handling the criminal cases of theft, racketeering and looting. The people’s
courts at various levels concluded 303,000 criminal cases of property
violations and convicted 398,000 criminals in total. It released judicial
interpretations on handling criminal cases of picking quarrels and provoking
troubles, and fabricating and spreading false terrorism information, guided
local courts to correctly hear the relevant cases, and punished the crimes of
disrupting public order according to law. It also published a judicial
interpretation on handling criminal cases of defamation on the Internet, unified
the application of laws, and fought against the crimes of starting and
mongering rumors through networks, to maintain a sound network environment. It
punished the illegal and criminal acts of disrupting the medical order
according to law, and effectively protect the legitimate rights and interests
of medical staff and patients. It clarified the identification criterion of
“drunk driving”. The people’s courts at various levels concluded 90,000
criminal cases involving dangerous driving. Meanwhile, they also took an active
part in anti-drug campaign, with 95,000 drug-related crimes concluded and
99,000 criminals convicted. The SPC shared no efforts in the review of death
sentences by being stringent with the facts, evidence and legal provisions
relating to the cases, to ensure that the death penalty shall only be applied
to a very small number of criminals who have committed extremely serious
crimes.
依法惩治经济犯罪、贪污贿赂和渎职犯罪。发布关于办理组织、领导传销活动刑事案件等指导意见，各级法院审结传销、走私、洗钱、非法集资、金融诈骗、内幕交易、商业贿赂等经济犯罪案件5万件，判处罪犯6.9万人。充分发挥刑事审判在惩治腐败中的职能作用，加大对贪污贿赂等犯罪的打击力度，审结国家工作人员贪污贿赂、渎职侵权犯罪案件2.9万件，判处罪犯3.1万人，其中包括薄熙来受贿、贪污、滥用职权案，刘志军受贿、滥用职权案等一批大案要案，促进反腐败斗争深入开展。
– Punishing the crimes of
economic offences, embezzlement, bribery and dereliction of duty according to law.
The SPC issued guidance opinions on handling criminal cases of organizing and
leading pyramid selling. The people’s courts at various levels concluded 50,000
cases of economic crime involving pyramid selling, smuggling, money laundering,
illegal fund-raising, financial swindling, insider trading, and business
bribery, and convicted 69,000 criminals. The people’s courts gave full play to
the function of criminal justice in cracking down corruption, intensified fight
against the crimes of embezzlement and bribery. 29,000 cases involving
embezzlement, bribery and dereliction of duty were concluded, with 31,000
criminals convicted, including several high-profile cases, such as the case of
bribery, embezzlement and abuse of power by Bo Xilai, and the case of bribery
and abuse of power by Liu Zhijun. All these efforts further promote the anti-corruption
struggle in depth.
依法惩治危害食品安全和污染环境犯罪。积极回应群众关切，发布关于办理危害食品安全犯罪的司法解释，各级法院审结相关案件2082件，判处罪犯2647人。发布关于办理污染环境刑事案件的司法解释，加大惩处污染环境犯罪力度。公布王长兵生产、销售有毒食品犯罪以及胡文标、丁月生投放危险物质污染环境犯罪等典型案例，有力震慑犯罪分子。
– Punishing the crimes of
endangering food safety and environmental pollution in accordance with law. The
SPC actively responded to the concerns of the people, issued a judicial
interpretation on handling the crime of endangering food safety. The people’s
courts at various levels concluded 2,082 related cases and convicted 2,647
criminals in total. The SPC issued a judicial explanation on handling criminal
cases of polluting the environment, and intensified the punishment on the crime
of polluting the environment. It also disclosed several typical criminal cases,
including the case of Wang Changbing who produced and sold poisoned food, and
the case of Hu Wenbiao and Ding Yuesheng who threw hazardous substances to
contaminate the environment, so as to forcefully deter criminal offenders.
坚决防止和纠正冤假错案。尊重和保障人权，恪守罪刑法定、证据裁判、疑罪从无等原则，严格排除非法证据，各级法院依法宣告825名被告人无罪，确保无罪的人不受刑事追究。加强与律师协会的沟通，高度重视律协、律师反映的问题，尊重和保障律师依法履职。以坚决果断的态度依法纠正“张氏叔侄强奸杀人案”等一批重大冤假错案，从错案中深刻汲取教训，强化证据审查，发挥庭审功能，与公安、检察机关分工负责、互相配合、互相制约，建立健全防范刑事冤假错案工作机制，坚守防止冤假错案底线。
– Resolutely preventing and
correcting wrongful convictions. The SPC respected and protected human rights,
adhered to the principles of legality, evidence judgment and presumption of
innocence, and strictly excluded illegally obtained evidences. The people’s
courts at various levels acquitted according to law 825 people for lack of
evidence and reasonable doubts, and ensured innocent people from being subject
to criminal sanctions. The people’s courts further strengthened communication
with lawyer associations, highly valued the issues reflected by the lawyer
associations and lawyers, respected and guaranteed lawyers to perform their
duties according to law. The people’s courts took resolute measures to correct
several major unjust, false and erroneous cases in accordance with law, such as
“the case of rape and murder by Zhang nephew and uncle,” and learnt profound
lessons from them. Meanwhile, The people’s courts strengthened evidence review,
made the court hearing fully functional, divided work with the public security
and procuratorial organs for cooperation and mutual restriction, established
and improved a working mechanism preventing unjust, false and erroneous
criminal cases, and defended the bottom line of preventing wrongful
convictions.
妥善化解社会矛盾。坚持合法自愿原则，规范司法调解，各级法院通过调解和撤诉方式处理案件479.8万件。依法支持仲裁机构发挥作用，执结仲裁裁决13.3万件。加强刑事附带民事诉讼调解工作，完善刑事被害人救助制度，保障被害人合法权益。积极参与社会治理，健全诉讼与非诉讼相衔接的矛盾纠纷解决机制，加大诉前调解力度，坚持和发展“枫桥经验”，指导、支持人民调解，将大量矛盾纠纷化解在基层和诉前，促进社会和谐。
– Properly resolving social
conflicts. The SPC adhered to the principles of legality and voluntariness to
regulate judicial mediation. The people’s courts at various levels handled
4.798 million cases through mediation and withdrawal of lawsuits. The SPC
supported arbitration institutions to well function according to law, and
133,000 arbitral awards were concluded and enforced. It strengthened mediation
for civil claims annexed to criminal cases, improved the assistance system for
criminal victims, and protected the legitimate rights and interests of the
victims. It actively participated in social governance, improved court-annexed
ADR, strengthened pre-litigation mediation, upheld and developed the “Fengqiao
Experience”, guided and supported mediation among the people. In result, a
great deal of disputes can be resolved at the grassroots and before litigation,
so as to promote social harmony.
二、依法审理经济领域各类案件，促进经济持续健康发展 II. Hearing
Economic Cases according to Law to Promote Healthy and Sustainable Economic
Development
加强商事审判工作。依法平等保护各类市场主体的合法权益，为加快转变经济发展方式、实现经济稳中求进提供司法保障，各级法院审结一审商事案件395.7万件。发布企业破产法司法解释，规范破产程序，保障债权人公平受偿，各级法院审结企业破产案件1998件。发布保险法司法解释和出口信用保险司法解释，各级法院审结保险、证券、票据等金融纠纷案件71.4万件。加强对经济社会发展新情况新问题的司法应对，认真研究服务实体经济、民间借贷等方面的法律问题，及时提出司法建议，积极防范和化解风险。
– Strengthening commercial
adjudication. The SPC equally protected the legitimate rights and interests of
all kinds of market entities according to law, and provided judicial guarantee
to speed up transformation of economic development patterns, and make economic
progress while maintaining stability. The people’s courts at various levels
concluded 3.957 million commercial cases of first instance. The SPC issued a
judicial interpretation on enterprise bankruptcy law to standardize bankruptcy
procedure, and guarantee creditors to have fair compensation. The people’s
courts at various levels concluded 1,998 cases of enterprise bankruptcy. Meanwhile,
the SPC also issued judicial interpretations on the insurance law and export
credit insurance. The people’s courts at various levels concluded 714,000
financial dispute cases concerning insurance, securities and bills. Moreover,
the SPC further enhanced judicial response to new situations and problems
emerging in economic and social development, seriously studied legal issues
serving the real economy and private lending, duly put forward judicial
suggestions, and actively prevented and precluded risks.
加强知识产权审判工作。依法保护专利权、著作权、商标权，加大对网络知识产权司法保护力度，依法制裁不正当竞争和垄断行为，维护公平竞争的市场环境，促进国家创新体系建设，各级法院审结一审知识产权案件10万件。积极参与打击侵犯知识产权和制售假冒伪劣商品专项行动，公布知识产权司法保护状况白皮书和典型案例，树立我国知识产权司法保护良好形象。
– Strengthening intellectual
property rights adjudication. The people’s courts protected the patent rights,
copyrights and trademark rights according to law, intensified judicial
protection of Internet intellectual properties rights, cracked down unfair competition
and monopoly according to law, to maintain a sound market environment for fair
competition, and to promote the construction of the national innovation system.
The people’s courts at various levels concluded 100,000 cases of first instance
on intellectual properties. The courts were also actively involved in the
specific action of cracking down on infringement of intellectual properties,
and manufacturing and selling of counterfeit goods, published white paper and
typical cases on judicial protection of intellectual properties, and
established a sound image of China in judicial protection of intellectual
properties.
加强涉外、涉港澳台、涉侨、海事海商审判工作和司法交流合作。平等保护中外当事人合法权益，促进开放型经济发展，各级法院审结一审涉外商事案件5364件，涉港澳台案件1.5万件，海事海商案件1.1万件。妥善审理海洋污染和资源开发等案件，切实维护国家海洋权益。高度重视涉港澳台、涉侨案件审判工作，维护香港、澳门、台湾同胞和归侨侨眷合法权益。积极开展与港澳台地区和有关国家的司法交流与合作，推动在台湾举办第二届海峡两岸暨香港澳门司法高层论坛，办理送达文书、调查取证、裁判认可等国际、区际司法协助案件1.3万件。
– Enhancing Maritime Trials
involving Foreign Parties, Hong Kong, Macao, Taiwan and Overseas Chinese, and
Strengthening Judicial Exchanges and Cooperation. The people’s courts gave
equal protection to the legitimate rights and interests of the parties involved
from home and abroad, to facilitate development of the open economy. The people’s
courts at various levels concluded 5,364 foreign-related commercial cases of
first instance, 15,000 cases involving Hong Kong, Macao and Taiwan, and 11,000
cases of maritime affairs and maritime commerce. The people’s courts properly
heard cases on maritime pollution and resources development, to effectively
safeguard maritime rights and interests of the country. The people’s courts
attached great importance to the adjudication of cases involving Hong Kong,
Macao, Taiwan, and overseas Chinese, and safeguarded the legitimate rights and
interests of compatriots from Hong Kong, Macao, Taiwan, and returned overseas
Chinese and their relatives. The courts actively launched judicial exchanges
and cooperation with Hong Kong, Macao, Taiwan and other countries, promoted the
convening of the second Cross-Strait &Hong Kong, Macao High-level Judicial
Forum in Taiwan, and handled 13,000 international and regional judicial
assistance cases including service of documents, taking of evidence, and
judgment recognition. |
