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.
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. |
