Work Report of Jiangsu Higher People's Court

——The 13th session in Jiangsu Province on January 16, 2019

At the Second Session of the People's Congress

Xia Daohu, President of Jiangsu Higher People's Court

 

Dear delegates

Now, on behalf of the Jiangsu Higher People's Court, I would like to report to the General Assembly for your deliberation and comments.

 

Work of provincial courts in 2018

 

Over the past year, the provincial courts have adhered to the guidance of Xi Jinping's Thought on Socialism with Chinese Characteristics for a New Era, conscientiously implemented the decisions and arrangements of the Central Committee, the Provincial Party Committee and the Supreme People's Court, and the spirit of the first session of the 13th Provincial People's Congress, closely focused on the goal of "making the people feel fair and just in every judicial case", and adhered to the main line of justice for the people and justice, We faithfully fulfilled our legal responsibilities and made new progress in various work. Provincial courts More than 2 million cases were received for two consecutive years, reaching two million one hundred and sixty-five thousand nine hundred and sixty-two Pieces, including newly received one million eight hundred and thirty-two thousand two hundred and eighty-six Pieces, up 6.31% and eight point four seven %; Trial, execution and conclusion one million eight hundred and sixty-two thousand two hundred and four Pieces, up year-on-year nine point two five %。 The number of cases accepted by provincial courts exceeded 20000 for the first time, reaching 22771 cases, 16298 cases were audited, up 16.37% and 10.34% year on year respectively.

1、 Focus on central work, focus on service and ensure high-quality development

Major strategic deployment of service assurance. Formulate the implementation opinions that serve and ensure the high-quality development of Jiangsu to take the lead, and strive to improve the forward-looking, effective and targeted judicial response. We will formulate implementation suggestions on strengthening judicial protection of property rights and creating a good legal environment for entrepreneurs to innovate and start businesses, and protect the legitimate rights and interests of various market entities in an equal and comprehensive manner in accordance with the law. We provided services to ensure the development of an open economy, concluded 2656 cases involving foreign affairs, Hong Kong, Macao and Taiwan, and handled 1992 cases of judicial assistance. Establish a judicial assistance exchange mechanism with the courts of Shanghai, Zhejiang and Anhui to serve the higher quality integrated development strategy of the Yangtze River Delta. The provincial court issued ten typical cases of service guarantee for the construction of the "Belt and Road". Lianyungang Intermediate People's Court led 21 courts along the country to establish judicial cooperation mechanisms to provide legal escort for the construction of the "Belt and Road". We will properly hear rural land disputes, ensure the smooth implementation of the reform of the "separation of powers, three rights", and promote rural revitalization and development. We will support reform to strengthen the military, do our best to ensure that the military stops paying for services in an all-round way, and all cases involving the suspension of military compensation will be concluded on schedule.

Service guarantee supply side structural reform. New receipts In the first instance, there were 150555 commercial cases and 152618 concluded. Submit special reports to the provincial party committee and government, promote the establishment of a coordination and linkage mechanism for enterprise bankruptcy disposal at provincial level, actively dispose of a number of "zombie enterprises", and conclude 2208 bankruptcy cases, up 76.21% year on year. Yangzhou Dayang Shipbuilding Co., Ltd. and other 49 enterprises gained new life through bankruptcy reorganization. Formulate guidelines for simplified trial of "enforcement to bankruptcy" cases, and effectively improve bankruptcy efficiency. Suzhou Wujiang District Court's working mechanism of "execution to destruction" has been approved by the Supreme People's Court and the main leaders of the Provincial Party Committee. We issued the guidelines for element based trials of financial borrowing cases and white papers on trials of insurance disputes, explored model judgments on securities disputes caused by false statements, promoted the efficient resolution of financial borrowing, insurance, and securities disputes, maintained financial order in accordance with the law, and concluded 58489 related cases, involving 100.783 billion yuan in the subject matter. We formulated guidance on the trial of construction contract disputes, concluded 39033 real estate disputes, and promoted the standardized and orderly development of the real estate market.

Services ensure the development of private economy. Formulate opinions on providing strong judicial services and guarantees for private enterprises, and strive to create a fair, just, safe and stable development environment for private enterprises. We will try and implement criminal, civil and administrative cases involving private enterprises fairly and impartially in accordance with the law, and equally protect the legitimate rights and interests of various market entities, including private enterprises. We will strengthen the legal screening and hearing of cases involving property rights grievances and mistakes, and enhance the entrepreneurial confidence of private entrepreneurs. We tried cases of unfair competition disputes and monopoly disputes in accordance with the law, ensured that private enterprises could participate in market competition in a fair and orderly manner, and concluded 220 related cases. For private enterprises involved in litigation with capital chain risks, targeted judicial measures should be taken to promote the resolution of financial debt risks and help solve the difficulties of enterprise development.

Service guarantee innovation drives development. Establish the concept of the strictest intellectual property protection, give play to the leading role of judicial protection, apply punitive compensation according to law for repeated infringement, malicious infringement and other acts, and increase the cost of infringement and illegal costs. 15984 new intellectual property cases were received and 15164 were concluded, up 45.48% and 41.13% year on year respectively. We released the blue book on judicial protection of intellectual property rights and ten typical cases of judicial security scientific and technological innovation, and played a leading role in judicial adjudication regulation. Improve the technical fact finding mechanism, cooperate with universities and research institutes, and promote the system construction of technical investigators, expert witnesses, and expert assistants. Nanjing Intermediate People's Court issued 26 measures to ensure the construction of an innovative city, and focused on creating a "preferred place" for international intellectual property dispute settlement that is trustworthy to the parties.

Service and guarantee the construction of ecological civilization. We resolutely safeguarded the ecological environment and concluded 7786 environmental and resource cases. We formulated guidelines for hearing criminal cases of environmental pollution, concluded 1393 cases of crimes against environmental resources, and investigated 3077 polluters for criminal responsibility. 133 new environmental public interest litigation cases were received, and the polluters were sentenced to compensation for environmental damage repair costs of 119 million yuan. In the environmental damage compensation case brought by the provincial government as the plaintiff, the defendant enterprise was sentenced to pay more than 54 million yuan for environmental restoration costs. Zhenjiang Intermediate People's Court, Huai'an Intermediate People's Court and Suqian Intermediate People's Court respectively carried out special rectification actions for illegal sand mining in the Yangtze River Basin, Hongze Lake and Luoma Lake, and Xuzhou Intermediate People's Court promoted the establishment of a judicial regional cooperation mechanism for environmental resources in Huaihai Economic Zone. The Supreme People's Court approved the establishment of the country's first environmental resources court in Nanjing to exercise centralized jurisdiction over environmental resources cases in the province and strengthen judicial protection of ecological environment.

2、 Maintain social stability, and strive to promote the construction of safe Jiangsu

We will vigorously carry out the special struggle against organized crime. We will conscientiously implement the policy of severe punishment according to law and resolutely safeguard the lives and health of the people and the safety of property. Jointly with the Provincial Procuratorate and the Provincial Public Security Department, we will issue guidance on handling criminal cases committed by mafia, unify the criteria of adjudication, and form joint efforts 228 new criminal cases involving mafia and evil were received, 142 cases were concluded, and 1211 people were sentenced, of which 330 were sentenced to fixed-term imprisonment of more than five years. In accordance with the law, 62 people including Cheng Jie and 38 people including Fang Yue were tried for crimes committed by mafia forces. Courts in many places organized centralized sentencing activities, and the people applauded. Actively use the means of recovery, fines, confiscation of property and other means to eradicate the economic foundation of the mafia. Cooperate with the public security organs to dig deep into the clues of crimes involving mafia and evil, We organized and carried out special rectification activities for private lending involving routine loans and false lawsuits, and actively transferred 725 cases involving routine loans to the public security organs.

The crime of corruption and bribery shall be severely punished according to law. We fully cooperated with and connected with the reform of the supervision system, maintained a high pressure on corruption crimes, concluded 1123 cases of corruption, bribery, dereliction of duty and other crimes, and sentenced 1514 people, including 18 defendants who were originally cadres at the department or bureau level or above, and 56 people at the county or department level. Trials of major duty crimes committed by Xiang Junbo, Zhang Yue and Ai Wenli designated by the Supreme People's Court in accordance with the law demonstrate the firm determination to punish corruption. Adhere to the principle of taking bribes and offering bribes together, punish bribery crimes according to law, and sentenced 163 criminals. We will intensify efforts to fight corruption and recover stolen goods, and actively cooperate with relevant departments to carry out "Skynet" and "Fox Hunting". Special report to the provincial party committee on the changes in the situation of duty crimes, analyze the reasons, and provide decision-making reference.

Actively participate in the comprehensive management of social security. attack severely Criminal offense, new In the first instance, there were 80396 criminal cases, 78833 were concluded, 96271 criminals were sentenced, including 6275 cases of serious violent crimes such as intentional homicide and robbery, and 7447 were sentenced. Participate in the battle to prevent and handle the risks of illegal financial activities, and steadily promote the handling of criminal cases of illegal fund-raising. Work together with the provincial procuratorate and the provincial public security department to issue guidance to precisely crack down on drug-related, yellow and African related, Internet related and other criminal acts; We severely punished crimes against food and drug safety, concluded 1325 related cases, sentenced 2235 people, and protected people's "safety on the tip of the tongue". Adhere to and carry forward the "Maple Bridge experience" of the new era, extend the function of the court, actively participate in grid social governance, and form a joint force to resolve conflicts and disputes. Adhere to the system of annual reports on administrative trials and actively promote administration according to law. 1096 judicial suggestions were issued to promote the improvement of social governance.

We will strengthen judicial protection of human rights. We will deepen reform of the trial centered criminal procedure system to ensure that innocent people are not prosecuted for crimes. The courts across the province launched 207 illegal evidence exclusion procedures, and witnesses, experts, investigators and other witnesses appeared in court to testify and explain significantly more than last year. According to the law, 11 defendants in public prosecution cases and 32 defendants in private prosecution cases were declared innocent. Together with the Provincial Department of Justice, we carried out the pilot work of full coverage of criminal case lawyers' defense, and appointed 12117 defense lawyers for the defendants. We strictly standardized the hearing of commutation and parole cases, took the lead in formulating guidelines for the application of property related sentences, and concluded 25115 cases of commutation and parole.

3、 Keep in mind the purpose of serving the people and strive to protect the rights and interests of people's livelihood

We will strengthen trials of people's livelihood related cases. We should properly hear employment, medical care, education, social security and other people's livelihood cases in accordance with the law, New receipts There were 731519 civil cases in the first instance, and 717507 were concluded, up 5.91% and 2.66% respectively year on year. We will comprehensively promote the reform of family trials, properly try marriage and family cases, and safeguard the legitimate rights and interests of women, children, and the elderly. 317 personal safety protection orders were issued to the parties suffering from domestic violence or facing real danger of domestic violence. We should attach equal importance to judging according to law and coordinating and resolving administrative disputes, supervise and support administrative law enforcement, and promote the substantive resolution of administrative disputes, New receipts There were 16404 administrative cases in the first instance, and 15730 were concluded, up 9.18% and 6.08% year on year respectively. We will hear cases of expropriation compensation in accordance with the law, support the construction of key projects such as the reconstruction of villages in cities and shantytowns, and safeguard the legitimate rights and interests of the expropriated.

Actively respond to the diverse judicial needs of the masses. We continued to improve the construction of the litigation service center and provided various litigation services for the people more than 870000 times. We improved the online registration system, with 236575 cases registered online, so that more data can be used and less people can be used. The pilot reform of "integrated processing of online data" was carried out in an all-round way, and 9553 road traffic accident damage compensation cases were handled by multiple departments and one network, with a successful mediation amount of 258 million yuan. The layout of people's courts was optimized to facilitate mass litigation, and the people's courts across the province concluded 361452 cases. The rights of the parties to appeal and apply for retrial were effectively guaranteed, 17437 cases of appeal and application for retrial were concluded, and 853 retrials were changed. 13271 people received letters and visits from the masses, down 5.13% year on year. Actively visit the Bar Association, safeguard lawyers' right to practice in accordance with the law, and promote the construction of professional community.

We will vigorously promote core socialist values. Implement the responsibility system of "whoever enforces the law will popularize the law", actively carry out circuit trials and legal publicity, and enhance the public's awareness of the rule of law. The proposal of NPC deputies was adopted, and the "Integrity" bus line was opened in conjunction with Nanjing Public Transport Group to vigorously promote social integrity. Huai'an Intermediate People's Court concluded the country's first civil public interest lawsuit against the reputation of heroes, and resolutely maintained the image of heroes. Changzhou Court held 160 "Rule of Law Lectures", Yancheng Intermediate People's Court and TV Station jointly organized the "Weekly Speech" program, Yangzhou, Taizhou and other Intermediate People's Courts actively carried out "Six Laws" and "Six Visits and Six Assistance" activities, Qidong Municipal Court and Qidong Women's Federation held a happy family workshop for 25 consecutive years, transmitting the positive energy of rule of law to the society.

4、 Intensify the precise attack and strive to win the hard battle of "basically solving the difficulties in implementation"

The courts of the whole province listed "basically solving the problem of implementation" as the "top priority" project, and with unprecedented efforts, they overcame the "basically solving the problem of implementation". A total of 700827 enforcement cases were accepted, accounting for nearly one tenth of the country's total; 614202 pieces were tied up, up 23.24% year on year; The paid in amount was 124.7 billion yuan.

Adhere to comprehensive governance and "basically solve the difficulties in implementation". The main leaders of the provincial party committee visited the execution command center of the provincial court for inspection and guidance. The Political and Legal Affairs Commission of the Provincial Party Committee took the lead in establishing a joint conference system for "basically solving the difficulties in implementation" and a joint inspection and supervision system for outstanding implementation cases involving party and government organs. For three consecutive years, the Provincial Party Committee organized the province to centrally plan the implementation of relief, using a total of 134 million yuan of relief funds and helping more than 7000 people in difficulties. The Standing Committee of the Provincial People's Congress organized a satisfaction evaluation on the implementation of the review opinions on the implementation of the work of the provincial courts. Further expand the functions of "head to head" and "point-to-point" network inspection and control system, and improve the inspection and control effect. Currently, 3885 banks' deposit information, 46 major cities' real estate registration information, national motor vehicle registration information and securities information can be queried. 12 provincial-level units jointly issued a document to restrict the dishonest executors from participating in bidding activities in the field of public resource transactions. The work pattern of comprehensive governance and implementation difficulties under the leadership of the Party Committee, coordination of the Political and Legal Affairs Commission, supervision of the National People's Congress, government support, sponsorship of courts, cooperation of departments, and social participation has been formed.

Organize the "three major campaigns". Adhere to the problem oriented and wall chart warfare, and fight well in the "battle to eliminate backlog of cases". The number of outstanding enforcement cases decreased by 38.03% year on year. It was specified that 2018 was the "year of coordinated implementation", carrying out 952 cross trial level and cross regional coordinated implementation, and tackling 1907 "bone cases" involving violent resistance to the law, forced concessions, and off-site implementation. We will do a good job in the "property disposal battle", develop a big data intelligent evaluation system, provide fast inquiry for real estate, motor vehicles and other assets, and effectively improve the efficiency of judicial online auction. There were 45040 online auctions, with a turnover of 63.659 billion yuan, up 47.52% and 2.99% year on year respectively. We will fight a "war of annihilation of the final standards", adhere to the normalization of centralized implementation, carry out more than 7000 executions in the early morning, at night and on holidays, search 11310 times, detain 14496 people, fine 27.85 million yuan, and sentence 349 people for refusing to execute, so as to ensure that no property is available for execution to end the execution process in line with legal standards.

Innovation and excellence execution mode. Comprehensively implement the "854 mode" of the implementation command center's physical operation, promote the Wuxi Court's intelligent execution system, and further enhance the intensive, refined, standardized and intelligent level of execution. It pioneered the open form of implementation of "all media webcast", and the "Zhong Shan Liang Jian, Co casting Integrity" action of Nanjing courts at two levels saw more than 50 million netizens online, creating the largest number of people who have followed the webcast of courts all over the country. Publish typical cases of "failure to execute", dishonesty, and refusal to execute, and promote a good social atmosphere of understanding, support, and cooperation in execution.

Focus on building a long-term mechanism. The litigation preservation insurance mechanism was fully introduced to promote implementation with preservation. 130476 cases of litigation preservation were handled, and the amount of preservation in place was 132.583 billion yuan, up 89.4% and 72.45% year on year respectively. Improve the implementation management mechanism, embed 25 process nodes in the implementation procedure into the implementation case management system, and effectively prevent the occurrence of negative implementation, delayed implementation, and selective implementation. We strengthened the enforcement of judgments, concluded 19512 enforcement review cases, up 17.27% year on year, supervised and corrected improper enforcement actions in accordance with the law, and safeguarded the legitimate rights and interests of parties and stakeholders.

Through unremitting efforts, all courts in the province have reached the core index requirements of "four 90%, one 80%". The third-party evaluation agency, after inspection and acceptance, believes that Jiangsu courts not only meet the overall standard, but also have achieved remarkable results in system construction, code of conduct, open implementation, and quality and efficiency of implementation. Many innovative measures have been promoted nationwide, contributing to "Jiangsu experience".

5、 Insist on systematic thinking and focus on deepening the reform of the judicial system

We will deepen the reform of the judicial responsibility system. Adhere to the unity of orderly delegation of power and effective supervision, formulate implementation opinions on strengthening the supervision and management responsibilities of the president of the court, and ensure that the judicial power operates fairly and efficiently in accordance with the law. The presiding judge of courts in the province served as the presiding judge or judge to hear 1101244 cases, accounting for 50.84% of the total number of cases heard by courts in the province. Take the lead in carrying out the trial work of punishing judges in the country, formulate a pilot program, and consolidate the responsibility of judges in handling cases. Formulate opinions on the strict supervision and management of long-term outstanding cases, and focus on solving the problem of a few cases that remain unresolved for a long time. A dynamic management mechanism for judges' posts has been established, with 447 additional judges selected by the provincial courts and 395 approved to withdraw from the posts.

We will deepen comprehensive reform of the judicial system. Formulate special implementation opinions, and strive to alleviate conflicts between people and cases. We worked with the Provincial Department of Justice to carry out pilot work in front of mediation procedures, and established a system of litigation and mediation docking and specially invited mediators for disputes involving overseas Chinese with the Provincial Overseas Chinese Affairs Office, so as to continuously improve the effectiveness of diversified solutions to conflicts and disputes. We will deepen the reform of the mechanism for separating complex and simple cases, comprehensively promote fast trials of simple cases and intensive trials of complex cases, and further improve the quality and efficiency of trials. The average number of judges in the province was 270, an increase of 13 on a year-on-year basis. The reform of the internal institutions of the people's courts below the provincial level has been promoted jointly with the provincial staffing office, and the reform plans of the internal institutions of the grass-roots courts of the province have been approved. It is the first time to carry out the public selection of judges from lawyers and legal experts, and explore ways to broaden the selection of judges. The system of assistant judges for internships was established, and the recruitment of assistant judges was strengthened. A total of 435 people were recruited.

We will deepen judicial openness and democracy. Insist on promoting fairness through openness, take the lead in normalizing the live broadcast of court cases nationwide, and force judges to improve their judicial ability and standardize judicial behavior. A total of 402269 online live trials continued to rank first among the courts in China, with more than 400 million hits, accounting for 23.05% of the total number of live court trials nationwide. 1169938 judicial documents were published on China's judicial documents website, up 34.17% year on year. In accordance with the newly formulated People's Juror Law, a new round of people's juror selection work was carried out jointly with the Provincial Department of Justice, effectively improving the broad representation of the source of people's jurors. A total of 270250 cases were tried by people's jurors across the province. For the first time, the provincial court invited deputies to the National People's Congress and CPPCC members to the judicial committee to discuss judicial documents, fully absorbed the opinions and suggestions of deputies and members, and improved the scientific and democratic nature of judicial decision-making.

Deeply promote the integration of informatization and trial work. Vigorously strengthen the construction of smart courts, promote law enforcement and case handling with intelligent trials, and facilitate mass litigation. The closing rate of court cases in the province within the trial period has remained above 95%. Standardize the operation of jurisdiction by means of informatization, and realize online operation of case trials and leave traces throughout the process. We will promote the application of the mobile Internet "WeChat Court" platform, and provide litigants and the public with judicial services such as litigation risk assessment, case inquiry, and court viewing through WeChat applet. Wuxi Intermediate People's Court pioneered the unified electronic service platform for legal documents, and implemented electronic service for 121500 cases by means of mobile phone short messages, effectively solving the service problem. This practice was selected as the excellent innovative case of the national intelligent construction of political law smart court. Nanjing Gaochun District Court used information technology to reduce the burden of judicial work and increase efficiency, and the average number of judges closed cases increased by 29.74% year on year.

6、 Based on strict management, strive to forge a strong court team

Highlight political guidance. Always adhere to the Party's absolute leadership over the work of the courts, and firmly follow the path of socialist rule of law with Chinese characteristics. Actively carry out the great discussion on emancipating the mind, consciously guide with new ideas, and ask for advice from new ideas. Actively report to the provincial party committee on the work of the party group of the provincial court, and earnestly implement the reporting system of major issues. A total of 81 collectives and 153 individuals in the provincial courts were commended and rewarded by the central and provincial departments concerned and the Supreme People's Court.

Keep improving the wind and discipline. Earnestly implement the "two responsibilities" and the spirit of the eight central regulations, and actively carry out the investigation of the problem clues assigned by the central inspection team and the rectification of the feedback from the provincial party committee's inspection. We will organize and carry out activities to focus on combating formalism and bureaucracy, and resolutely prevent the "four styles" problem from rebounding. We completed the special supervision of judicial style issues, the second round of judicial inspection of provincial intermediate courts, and the first round of inspection of provincial court departments, carried out 55 times of judicial supervision, and strictly supervised the rectification of problems found. We punished judicial corruption with a zero tolerance attitude, and investigated and punished 79 people who used judicial power to violate disciplines and laws.

Improve judicial capacity. We will steadily promote the exchange of court cadres in multiple positions, and actively send police officers to the party and government organs, law schools, and aided courts to take temporary jobs. We improved the training mechanism suitable for the classified management of court personnel, and trained 9366 police officers and 32935 video training. The Supreme People's Court approved the establishment of the Jiangsu base of the International Exchange Center for Judges to build a working platform for judicial exchange and cooperation between Chinese and foreign judges. We strengthened the supervision and guidance of subordinates, formulated 39 normative documents, and released 41 reference cases. Two cases, including the case of passengers being squeezed to death when crossing the railway at Nanjing South Railway Station, were rated as the top ten civil administrative cases in 2018, and seven cases of Yancheng Court were released by the Supreme People's Court as relevant typical cases. Cultivate high-level judicial talents, select 59 provincial judicial experts, two judges were rated as national judicial experts, and five judges were rated as national outstanding judges. Jointly organized and carried out the selection activity of "the most beautiful judge in Jiangsu" with six departments including the Propaganda Department of the Provincial Party Committee, giving full play to the leading role of advanced models.

Build court culture. On the National Constitution Day, we organized and carried out a constitutional oath campaign to guide the police to strengthen their belief in the rule of law and rally their value identity. Use new media forms such as WeChat and WeChat movies to promote outstanding court cultural works, promote professionalism and stimulate work enthusiasm. The official folk song "No. 75, Ninghai Road" created by the judges of the provincial court had more than one million hits on the day of its launch, and the People's Daily published comments twice. Nine journals of courts in Jiangsu Province have been selected into the top 100 journals of courts in China, reflecting the good academic atmosphere of Jiangsu courts.

Actively accept supervision. Accept the supervision of the Provincial People's Congress and its Standing Committee, and actively cooperate with the Standing Committee of the Provincial People's Congress to review the judicial disclosure work of the provincial courts. Accept the democratic supervision of the CPPCC, actively report work, and listen to opinions and suggestions. The activity of "watching the court" for delegates and members was organized, and 25951 people from all walks of life were invited to attend the trial and witness the implementation. We accepted the legal supervision of procuratorial organs, tried protest cases according to law, and concluded 374 retrial protest cases. We accepted supervision from all walks of life, improved the system of special supervisors, and hired 124 special supervisors. By taking the initiative to accept supervision, the majority of police officers are accustomed to working in a supervised environment.

Distinguished delegates, the development and progress of the work of the courts in the province is not only the result of the dedication and unity of the police in the courts in the province, but also the result of the strong leadership of the party committees at all levels in the province, the strong supervision of the People's Congress and its Standing Committee, the strong support of the government, the democratic supervision of the CPPCC and the care support of all sectors of society. Hereby, on behalf of the Provincial Court, I would like to extend my heartfelt thanks and high respect to the party committees, people's congresses, governments, CPPCC committees, deputies to the people's congresses, CPPCC members and people from all walks of life in the province!

We are soberly aware that there are still some problems and difficulties in the work of the provincial courts: the targeted effectiveness of serving the overall economic and social development needs to be further strengthened; The overall synergy of judicial reform needs to be further strengthened and improved; The long-term mechanism to solve the difficulties in implementation needs to be further improved; There is still a gap between the ability, quality and style of some judges and the requirements of the reform of the judicial responsibility system. There are still a few police officers who violate disciplines and laws, and the strict management of the team needs to be further strengthened; The number of cases continues to run at a high level, and the pressure of handling cases is still great. We will adhere to the problem orientation, strengthen systematic thinking, take effective measures and seriously solve them.

 

Overall consideration of court work in 2019

 

This year marks the 70th anniversary of the founding of New China and the key year for building a moderately prosperous society in all respects. The courts of the whole province will thoroughly study and implement the new concept, new thinking and new strategy of General Secretary Xi Jinping's comprehensive rule of law, deeply understand the scientific judgment of the central government on major situations and the decision-making and deployment of major work, focus on the strategic deployment of the provincial party committee's high-quality development to take the lead, strive to create high-quality justice, and accurately do all work well.

First, high-quality judicial service and high-quality development. To create high-quality justice, we must focus on the central work and highlight fairness and justice. The courts across the province will comprehensively implement the new development concept, identify the key points of the integration of major deployment such as the supply side structural reform of service guarantee, and the construction of the intersection of the "three major battles" and the "Belt and Road", hear all kinds of cases in a safe manner according to law, and constantly optimize a fair, fair, open and transparent legal business environment. Further emancipate the mind, update the concept, vigorously promote the construction of the Nanjing Rule of Law Park project, make every effort to build a Jiangsu rule of law highland that gathers more high-quality judicial resources, boost the overall and systematic improvement of the influence of the rule of law in Jiangsu, and truly make the rule of law an important symbol of Jiangsu's core competitiveness.

The second is to meet the diverse judicial needs of the people in the new era with high-quality justice. To create high-quality justice, we must adhere to the people as the center and constantly enhance the people's sense of gain, happiness and security. The provincial courts will conscientiously implement the overall national security concept, severely punish all kinds of criminal crimes in accordance with the law, promote the in-depth development of the special fight against crime, and ensure that the people live and work in peace and contentment. We will properly hear civil and administrative cases involving people's livelihood in accordance with the law, and earnestly safeguard the legitimate rights and interests of the people. We will comprehensively promote the modernization of the litigation service center and provide high-quality, efficient and convenient judicial services to the parties. We will improve the long-term mechanism, consolidate the achievements of "basically solving the difficulties in implementation", and constantly promote the construction of social integrity system. Adhere to a high degree of integration of sense, reason and law, vigorously promote the socialist spirit of the rule of law, and promote the formation of a high degree of consensus and action consciousness of the whole society to learn how to use the law and abide by the law.

Third, comprehensively deepen judicial reform with high-quality justice as the guide. To create high-quality justice, we must accelerate the construction of a fair, efficient and authoritative socialist judicial system and ensure strict, fair, standardized and civilized justice. The courts across the province will fully implement the judicial responsibility system, improve the judicial power operation system that integrates power and responsibility, and constantly enhance the ability to safeguard the legitimate rights and interests of the people. We will improve the environmental and resource adjudication mechanism and provide services to ensure the construction of a beautiful Jiangsu. We will deepen the comprehensive reform of the judicial system, complete the reform of the internal institutions of grass-roots courts on schedule, continue to promote the diversified resolution of conflicts and disputes and the diversion of complex and simple cases, build smart courts in an all-round way, actively promote the intensive management of auxiliary judicial affairs and social outsourcing, effectively ease the contradictions between people and cases, and constantly improve the quality and efficiency of trials.

The fourth is to implement the strict administration of the hospital with the goal of high-quality justice. To create high-quality justice, it is necessary to build a court team that is loyal, reliable, honest and honest, and reassures the Party and satisfies the people. The provincial courts will always put political construction first, earnestly implement the general requirements of party building in the new era, and earnestly fulfill the main responsibility of comprehensively and strictly governing the party. Earnestly implement the "three mechanisms" of encouragement and incentive, fault tolerance and correction, and promotion and demotion, and constantly improve the creativity, cohesion and combat effectiveness of the court team. Continue to strengthen education and training, and promote the formation of political quality and professional ability that adapt to the new era. Deeply promote the construction of the Party's style, integrity and judicial style of the people's courts, strictly regulate judicial behavior, firmly adhere to the bottom line of fair justice, and constantly improve judicial credibility. More actively accept the supervision of NPC deputies, CPPCC members and all sectors of society, listen to opinions and suggestions modestly, and constantly strengthen and improve the work of courts across the province.

Distinguished delegates, in the new year, we are determined to closely unite around the Party Central Committee with Comrade Xi Jinping at the core, under the strong leadership of the Provincial Party Committee and the strong supervision of the Provincial People's Congress, conscientiously implement the spirit of this conference, strive to create a new situation in the work of the courts in the province, and speed up the construction of a "strong, rich, beautiful, and high" in order to win a decisive victory in building a moderately prosperous society in an all-round way at a high level New Jiangsu provides a strong judicial guarantee and welcomes the 70th anniversary of the founding of New China with outstanding achievements!

enclosure:

 

Work Report of Jiangsu Higher People's Court

Description of relevant terms

 

1. Accepted case: root According to the unified statistical caliber of the national courts, the number of cases accepted by the courts=the number of new cases received in the year+the number of old cases in the previous year. (See line 16 on page 1 of the report)

2. Coordination and linkage mechanism of provincial government for enterprise bankruptcy disposal: In June 2018, Governor Wu Zhenglong of the provincial government gave instructions on the Report on Giving Full Play to the Functions of Enterprise Bankruptcy System and Promoting Higher Quality Economic Development submitted by the provincial court, requiring further efforts to deal with "zombie enterprises" according to law. Fan Jinlong, member of the Standing Committee of the Provincial Party Committee, executive vice governor and secretary-general of the Provincial Party Committee, presided over the meeting to study the establishment of a provincial coordination and linkage mechanism for enterprise bankruptcy disposal, and proposed to issue relevant documents. See line 18 on page 2 of the report)

3. The bankruptcy reorganization case of Yangzhou Dayang Shipbuilding Co., Ltd.: Yangzhou Dayang Shipbuilding Co., Ltd. is a private enterprise engaged in the production of first-class Class I steel ships in China, and is in a dilemma of capital chain rupture due to lack of sustainable financing capacity. In July 2017, the court of Guangling District, Yangzhou City accepted the bankruptcy case of the company, which was transferred to reorganization procedure on December 12 of the same year. After liquidation, the company's assets were worth 1.886 billion yuan, and its liabilities were 4.555 billion yuan. In 2018, the court guided the manager to resume the production of the company by using the leasing operation mode, and by virtue of the coordination and linkage mechanism between the government and the court, introduced subordinate enterprises of the state-owned machinery group as investors to participate in the restructuring. At present, the strategic fulcrum of the company has shifted to the production of medium-sized batch ships and high-end marine products, and employee claims, tax claims, small claims and other priority claims have been effectively resolved. See line 19 on page 2 of the report)

4. "Transfer of enforcement to bankruptcy": that is, transfer of enforcement to bankruptcy means that if the enterprise legal person as the person subjected to enforcement is unable to pay off its due debts, and its assets are not enough to pay off all its debts or is obviously lacking in solvency, the enforcement court, with the consent of one of the persons applying for enforcement or the person subjected to enforcement, decides to suspend enforcement and transfer the case to the court at the place where the person subjected to enforcement has his domicile, The court will review whether the bankruptcy filing conditions are met. Promoting the work of transferring execution into bankruptcy is conducive to establishing a sound and reasonable exit mechanism for execution cases, promoting the legal transfer of a large number of "zombie enterprises" that are insolvent and meet the conditions for bankruptcy among the persons under execution into bankruptcy proceedings, and fairly protecting the legitimate rights and interests of creditors and debtors. It is of great significance for improving the rescue and exit mechanism of market subjects and deepening the supply side structural reform of services. See line 20 on page 2 of the report)

5. Exploring the model judgment for the securities disputes of stakeholders caused by false statements: For the batch of securities disputes caused by illegal acts such as false statements, the people's court selects representative cases in fact determination and law application as the model cases, tries them first and makes judgments in a timely manner, reduces the cost of protecting investors' rights, and improves the efficiency of dispute resolution. In the process of hearing batch civil compensation cases caused by false statements of listed companies such as "Abbott" and "Changsheng Biological", the Nanjing Intermediate People's Court, by issuing model judgments, unified the application of laws, and solved more than 680 investor rights protection disputes in batch through coordination. See line 2 on page 3 of the report)

6. The environmental damage compensation case brought by the provincial government as the plaintiff: the defendant Anhui Haide Chemical Technology Co., Ltd. employees handed over the waste alkali produced in the production process of the company to individuals without legal qualification for disposal, resulting in the interruption of centralized drinking water sources in Jingjiang City and Xinghua City. After the pollution incident, the relevant personnel were investigated for criminal responsibility according to law for the crime of environmental pollution. Later, the provincial government sued the enterprise as the plaintiff. This case was the first time that the Jiangsu provincial government alone filed a lawsuit for compensation for ecological environmental damage as the plaintiff, which has a strong exemplary significance in the country. On August 27, 2018, Taizhou Intermediate People's Court made a judgment of first instance, ruling that the defendant enterprise should compensate for environmental restoration costs totaling 54.8285 million yuan. After Hyde appealed, the provincial court rejected the appeal and upheld the original judgment. The case was rated as one of the top ten civil administrative cases in 2018. See line 7 on page 4 of the report)

7. The first environment and resources court in China: to strengthen the judicial protection of ecological environment and optimize the resources and environment review The Jiangsu court has comprehensively promoted the reform of the environmental resources trial system and actively constructed the judicial mechanism A centralized jurisdiction and professional trial system for environmental resources. Recently, the Supreme People's Court has approved the establishment of an environmental resources court in Nanjing to centrally accept environmental resources cases of the first instance under the jurisdiction of the provincial intermediate courts and appeals against the decisions of the basic courts in the first instance of environmental resources cases. At the same time, the provincial court decided to set up nine environmental and resource courts in the Yangtze River basin (south and north), Taihu Lake basin, Hongze Lake basin, Luoma Lake basin and other areas with the ecological function area as the unit, and centrally administer the first instance environmental and resource criminal, civil and administrative cases of the provincial grass-roots courts across districts and cities. (See line 11 on page 4 of the report)

8. Case involving 62 people including Cheng Jie: Since 2012, the defendants, Cheng Jie and others, have systematically set up casinos, organized prostitution, and carried out criminal activities by means of harassment, entanglement, uproar, and affray, with the purpose of seizing illegal interests, making illegal profits of more than 63 million yuan, which has seriously damaged the local economy and social life order. In November 2018, the Suining County Court heard the case and sentenced Cheng Jie and others to 21 years' imprisonment and criminal penalties of less than or equal to. This case is a triad organization case involving the largest number of defendants, which has been tried by the provincial court since the launching of the special fight against organized crime. The trial lasted 9 days. The trial of this case has dealt a powerful blow to the arrogance of local evil forces. See line 18 on page 4 of the report)

9. The case involving 38 people including Fang Yue: In 2016, the defendant Fang Yue and others jointly funded and established a company specialized in "petty loan" business, lured others to borrow money with fast loans and no mortgage as bait, and tricked the borrower into signing false IOUs, housing lease contracts, etc., which caused the repayment amount paid by the borrower to be much higher than the actual loan amount. Fang Yue and others instructed the collectors to extort money from the borrower and his relatives by beating, threatening, illegally restricting personal freedom and other illegal means. After hearing the case, the court of Xishan District, Wuxi City sentenced the defendant Fang Yue to 19 years' imprisonment, two years' deprivation of political rights, and confiscation of all personal property. The other defendants involved in the case were sentenced to fixed-term imprisonment of not more than 15 years. See line 19 on page 4 of the report)

10. Special rectification activities of private lending involving routine loans and false litigation: routine loans are mainly manifested in the illegal appropriation of property by the parties through false increase of debt, falsification of evidence, malicious creation of default, and collection of high fees, in the name of private lending, for the purpose of illegal possession. In the process of claiming debts, violence, coercion, soft violence, false litigation and other means are often used. In order to prevent and punish private lending involving routine loans and false litigation, the provincial courts carried out special rectification activities from September to December 2018, taking the fight against illegal and criminal acts of routine loans and false litigation as the key content of the crackdown on crime. If it is found that private lending itself involves routine loans, false litigation and other illegal and criminal acts, it shall be promptly transferred to the public security or procuratorial organs for handling. See line 22 on page 4 of the report)

11. Major duty crimes such as Xiang Junbo, Zhang Yue and Ai Wenli: after being designated by the Supreme People's Court for jurisdiction, Changzhou and Suzhou Intermediate Courts have held public hearings in accordance with the law to hear the bribery case of Zhang Yue, former member of the Standing Committee of the CPC Hebei Provincial Committee and secretary of the Political and Legal Committee, and the bribery case of Xiang Junbo, former chairman of the China Insurance Regulatory Commission, Ai Wenli, former vice chairman of the CPPCC Hebei Provincial Committee, took bribes and other three provincial and ministerial defendants committed major duty crimes. Among them, Zhang Yue was sentenced in the first instance on July 12, 2018 to 15 years' imprisonment and a fine of 5 million yuan for the crime of bribery, and his property and fruits obtained from bribery were recovered. The judgment of first instance has become legally effective. The other two cases are still in the first instance. See line 5 on page 5 of the report)

12. Special report on duty crime: The provincial court has submitted the annual report on duty crime trial of the provincial court to the provincial party committee for six consecutive years by analyzing the situation of duty crime in the province, deeply analyzing the characteristics and causes of crime, and putting forward targeted opinions and suggestions, which provides reference for the decision-making of the party committee and has been fully recognized by the leadership of the provincial party committee. See line 9 on page 5 of the report)

13. Handling of criminal cases of illegal fund-raising: According to the decision-making and deployment of the provincial party committee and government, the provincial court formulated the Implementation Plan on the Implementation of the Special Action Plan (2018-2020) for Continuous Prevention and Disposal of Risks in Illegal Financial Activities such as Illegal Financing, which requires courts at all levels in the province to deal with criminal cases of illegal fund-raising that have taken effect but have not yet completed the return of funds, Strengthen the coordination and cooperation with relevant units, and do a good job in disposing the assets involved in the case according to the law in batches and steps. See line 13 on page 5 of the report)

14. Annual report system of administrative trial: The provincial court conducts in-depth research on the cases of administrative organ losing cases heard in the past year, analyzes the main causes of administrative disputes, and puts forward countermeasures and suggestions. This system is an important measure for the people's court to supervise and support the administration according to law. In May 2018, Wu Zhenglong, Deputy Secretary of the Provincial Party Committee and Governor of Jiangsu Province, Fan Jinlong, Member of the Standing Committee of the Provincial Party Committee, Executive Vice Governor and Secretary General of the Provincial Party Committee, respectively gave instructions to the Report on 2017 Jiangsu Administrative Trial submitted by the provincial court. See line 19 on page 5 of the report)

15. Full coverage pilot of criminal case lawyers' defense: The Provincial Court and the Provincial Department of Justice jointly issued the Notice on Carrying out Full Coverage Pilot Work of Criminal Case Lawyers' Defense, which determined to carry out full coverage pilot work of criminal case lawyers' defense in Nanjing, Wuxi, Suqian and some other counties and districts. In addition to the cases that should be designated for defense according to law, other first instance trials that apply ordinary procedures If the defendant has not entrusted a defender to a criminal case in the second instance or in accordance with the procedure of trial supervision, the people's court shall notify the legal aid institution to appoint a lawyer to defend him; If the defendant has not entrusted a defender in a criminal case that is tried through summary procedure or expedited adjudication procedure, the people's court shall notify the lawyer on duty assigned by the legal aid institution to provide legal assistance. See line 3 on page 6 of the report)

16. Guidelines for the application of property related sentences in commutation and parole cases: In order to implement the Provisions of the Supreme People's Court on the Specific Application of Laws in Handling Commutation and Parole Cases, the provincial court took the lead in formulating guidelines for handling property related sentences and mechanisms related to commutation and parole nationwide. The guide further clarifies the confirmation of property judgments, the confirmation of the performance of property judgments and the determination of the ability to perform, the specific relationship between the performance of property judgments and commutation and parole, and effectively solves the problem of inconsistent enforcement standards of courts, procuratorates, and penalty enforcement agencies in handling cases in the province. See line 5 on page 6 of the report)

17. Family trial reform: the main content is to strengthen the concept of judge's authority doctrine in the trial concept, and extend the protection of the parties from identity interests and property interests to personality interests, security interests and emotional interests; In terms of trial mechanism, a special family trial organization has been established, and a diversified resolution mechanism has been established with the Women's Federation, public security, justice, civil affairs and other departments. At present, there are about 650 family mediators, 500 family investigators, and 250 psychological counsellors in the province; In terms of litigation procedures, the system of family property declaration before trial, the system of the parties' personal presence in court, the system of marriage cooling off period, family investigation and psychological counseling mechanism are implemented to improve the effect of family trials. See line 10 on page 6 of the report)

18. Personal safety protection order: the party has the right to apply to the court for a personal safety protection order because of domestic violence or danger of domestic violence. The court shall make a ruling within 72 hours, or within 24 hours in case of emergency. The order for personal safety protection shall be executed by the people's court with the assistance of the public security organ, the residents' committee and the villagers' committee. See line 12 on page 6 of the report)

19. The pilot reform of "online data integration processing" for road traffic accident damage compensation disputes: The provincial court, together with the provincial public security department, the provincial judicial department, the provincial financial department, and the Jiangsu Banking and Insurance Regulatory Bureau, issued the Implementation Opinions on Carrying out the Pilot Reform of "Online Data Integration Processing" for Road Traffic Accident Damage Compensation Disputes in the Province to comprehensively implement this reform measure. The main content is to use Internet thinking and big data technology to integrate the resources of all departments in the road traffic field, realize the data interconnection and information sharing of all functional departments, and strive to build a collaborative, convenient and efficient work pattern. See line 20 on page 6 of the report)

20. "Good faith" bus line: On November 9, 2018, the Provincial Court, Nanjing Intermediate People's Court and Nanjing Public Transport Group jointly launched the "Good faith" bus line, which aims to promote and promote social integrity with buses as the carrier. The "Integrity" bus line is currently being promoted on No. 204 of Jiangnan Bus and No. 616 of Yangzi Bus. The famous words of social integrity are posted in eye-catching positions on the carriages, and posters are printed to promote integrity and punish dishonesty, as well as two-dimensional codes on the website to query the person who has been executed for dishonesty, participate in the judicial network auction, and learn about the court's execution information. There is also a change jar beside the card swiping machine, It is used by passengers when they forget to bring money, and passengers can return it when they take the bus next time. Efforts are made to build the bus special line into a "publicity car" that promotes integrity, praises integrity, and practices integrity. See line 7 on page 7 of the report)

21. The first civil public interest lawsuit against the reputation of a martyr in China: On May 12, 2018, Xie Yong, a firefighter in Huai'an City, died tragically due to fire fighting and disaster relief, and the Ministry of Public Security approved Xie Yong as a martyr and issued a gold medal commemorating his dedication to national defense. While all sectors of society mourned deeply, Zeng made a series of insulting and untrue remarks to martyr Xie Yong on WeChat group, which caused a bad social impact. Huai'an Procuratorate filed a civil public interest lawsuit against the martyr's reputation to Huai'an Intermediate People's Court according to law. Huai'an Intermediate People's Court formed a seven person collegial panel of "three judges+four people's jurors" to hear the case, and finally determined that Zeng's behavior constituted an infringement on the martyr Xie Yong's reputation and violated the social and public interests. According to the law, Zeng made a public apology in the local municipal newspaper. See line 8 on page 7 of the report)

22. "Rule of Law Lecture Hall" activity: initiated by Changzhou Intermediate People's Court and implemented under the leadership of Changzhou Municipal Committee of Political Science and Law, a rule of law publicity and education activity with the theme of "promoting the spirit of the rule of law, popularizing legal knowledge, and jointly building a rule of law Changzhou" and the main form of "judges speak the law, and interpret the law in cases". The activity popularized legal knowledge and promoted the concept of rule of law through the way that judges went into radio, television, organs and communities to explain real cases. Since the launch of the event in June 2013, 1018 events have been held, and more than 254100 Changzhou citizens have listened to the lectures on the spot, which has attracted widespread attention in the society. See line 9 on page 7 of the report)

23. "Six Laws", "Six Visits and Six Assistance": "Six Laws" refers to the promotion of law popularization and the provision of legal guidance and services to government agencies, villages, communities, schools, enterprises and other units. "Six visits and six aids" refer to in-depth visits to six major categories of enterprises, including backbone enterprises, enterprises in difficulty, and characteristic enterprises, to promote the transformation, upgrading and healthy development of the real economy with fair justice. See line 11 on page 7 of the report)

24. Happy Family Workshop: Qidong Municipal Court and Qidong Women's Federation jointly launched the "Happy Family Workshop", an innovative project of rule of law, and introduced the "three theories" model of "the masses speaking, the women's federation reasoning, and the judges speaking" to jointly maintain family harmony and stability. The "Happy Family Workshop" has been held for 25 consecutive years. It has been held in 12 townships and 139 villages in Qidong City. More than 30000 people have participated and benefited. See line 12 on page 7 of the report)

25. Termination of this enforcement procedure: Article 519 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China stipulates that "if no property for enforcement is found after property investigation, the enforcement procedure may be terminated by a ruling after the applicant signs for confirmation or the enforcement court forms a collegial panel to review and verify and is approved by the president. After the termination of execution in accordance with the provisions of the preceding paragraph, if the person applying for execution finds that the person subjected to execution has property available for execution, he may apply for execution again. A second application shall not be restricted by the limitation period for application execution. " See line 18 on page 8 of the report)

26. The "854 mode" of substantive operation of the executive command center refers to the specific mode of substantive, standardized and refined operation of the executive command center. Under this mode, the execution command center centrally handles eight types of affairs, including checking the information on file and initial reception, making and sending formatted documents, network investigation and control, sending and receiving entrusted execution requests, entering the information of the dishonest person to be executed, online auction assistance, receiving visits, receiving and handling reporting calls, and provides video conferences, 4G individual connection and the use of law enforcement recorders, implementation disclosure 5 types of technical services, including public opinion monitoring and decision analysis, and 4 management responsibilities, including complicated and simple diversion, process node management, execution case fund management, and final case management. This mode has changed the traditional execution mode of "one person is responsible for all cases", realized the organic combination of "the strongest brain" and "the strongest team", and effectively improved the quality and efficiency of execution work. See line 19 on page 8 of the report)

27. "Impossible execution": that is, the person subjected to execution has lost the ability to perform. The court has made full use of existing resources to investigate and prosecute, and has taken measures to restrict high consumption and blacklist the person subjected to execution, but still cannot implement in place. The case of "impossibility of execution" essentially belongs to the commercial risk, legal risk and social risk that the applicant for execution should bear, and does not belong to the category of difficulty in execution. For the case of "unable to execute", the court ended the execution procedure after strict review, and immediately resumed execution once it found that there was property available for execution. See line 2 on page 9 of the report)

28. Litigation preservation insurance: In accordance with Article 7 of the Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Property Preservation Cases by the People's Court, the insurer is allowed to provide security for property preservation by signing a property preservation liability insurance contract with the applicant for property preservation. If the application for property preservation is wrong, the insurer shall compensate the insured for the loss caused by the preservation. Litigation preservation insurance helps creditors reduce preservation costs, effectively increase the proportion of litigation preservation, and promote enforcement through preservation. See line 4 on page 9 of the report)

29. "Four 90%, one 80%" core indicator: In 2018, the Supreme People's Court identified "four 90%, one 80%" as the core indicator requirement of "basically solving the difficulty of enforcement in two to three years", that is, more than 90% of cases with property available for enforcement are closed within the statutory time limit, and more than 90% of cases with no property available for enforcement are closed This enforcement procedure meets the regulatory requirements, More than 90% of the implementation cases of letters and visits have been resolved or settled, more than 90% of the courts across the country have reached the standard, and the overall rate of enforcement cases over the past three years has exceeded 80%. By the end of 2018, the core indicators of "basically solving the difficulties in implementation" of Jiangsu courts had met the goal requirements of the Supreme People's Court. See line 11 on page 9 of the report)

30. Inspection and acceptance by the third-party evaluation agency: In order to objectively and accurately evaluate the situation of "basically solving the difficulties in implementation", the Supreme People's Court introduced a third-party evaluation mechanism, and an evaluation team consisting of 4 departments, 13 media, 15 experts and scholars led by the Chinese Academy of Social Sciences independently tracked and evaluated the "basically solving the difficulties in implementation". Since August 2018, the third party evaluation agency has carried out inspection and acceptance on the courts across the country in three batches, and Jiangsu courts have accepted the first batch of inspection and acceptance. See line 12 on page 9 of the report)

31. Trial work of judge discipline: The Supreme People's Court has designated our province as one of the four pilot provinces for judge discipline. The Jiangsu Judges' Disciplinary Committee drafted and formulated the Rules of Procedure of Jiangsu Judges' Disciplinary Committee (Trial), the Jiangsu Judges' Disciplinary Measures (Trial), and the Jiangsu Judges' Disciplinary Pilot Work Plan, which defined the specific circumstances, disciplinary procedures, disciplinary bodies, etc. of judges' disciplinary actions, and effectively promoted the in-depth development of the reform of the judicial responsibility system. See line 20 on page 9 of the report)

32. Dynamic management mechanism of judges' posts: In order to standardize and strengthen the dynamic management of judges' posts, the provincial court formulated and issued the Interim Measures for the Dynamic Management of Jiangsu Courts' Posts and Judges (for trial implementation), which stipulated the reasons and procedures for the withdrawal of post judges, and made it clear that the provincial court would establish a ledger for the number of judges' posts approved, used and changed in the province, Implement dynamic management, so as to realize the optimal allocation of trial resources and the "entry and exit" of judges' posts. See line 22 on page 9 of the report)

33. Pilot work in front of mediation procedure: the parties bring a lawsuit to the people's court on eight types of disputes, such as small claims, family matters, labor disputes, property services, and traffic accidents. After registration and before filing, the people's court appoints the people's mediation committee or the people's mediation studio stationed in the people's court to conduct mediation in advance. See line 3 on page 10 of the report)

34. The reform of the internal organs of people's courts below the provincial level is an important part of deepening the reform of the judicial system, with the goal of establishing an internal organ system of people's courts that conforms to the characteristics of judicial organs and the law of judicial power operation. In December 2018, the Provincial Committee of the Communist Party of China and the Provincial Court jointly issued the Work Plan on Promoting the Reform of Internal Organizations of People's Courts below the provincial level, which comprehensively promoted the reform of internal organizations in the provincial grass-roots courts in accordance with the requirements of "scientific and reasonable setting, clear functional division, and efficient and smooth operation". After the reform, the total number of internal institutions of grass-roots courts in the province will be reduced by nearly one third. See line 7 on page 10 of the report)

35. A new round of people's assessor selection: The People's Jury Law of the People's Republic of China was promulgated and implemented on April 27, 2018. The law has made major adjustments in the procedures for the selection of people's assessors: first, it is determined that the number of people's assessors should not be less than three times the number of judges in the court; Second, the people's juror candidates shall be selected randomly as the main way; The third is to determine the working mechanism with the judicial administrative organs leading the selection, the Standing Committee of the People's Congress appointing and the people's courts using as the main content. According to this requirement, 11862 people's assessors were newly elected in the province, and the number of people's assessors in the grass-roots courts of the province has reached 17879, which is 3.27:1 compared with the total number of judges in the grass-roots courts. See line 17 on page 10 of the report)

36. The case of a passenger being squeezed to death when crossing the railway at Nanjing South Railway Station: on March 26, 2017, when the D3026 train entered Nanjing South Railway Station, Mr. Yang suddenly jumped off platform 22 and crossed the track horizontally without holding the ticket for the same day, trying to climb onto platform 21 where the train was about to stop. When the station staff on duty at the platform found out, they gave a loud warning to Yang, and the train driver on duty also immediately took emergency braking measures and sounded the alarm, but Yang was still dragged forward by the train and squeezed on the edge of the car body and platform, causing death. Yang's parents appealed to the court and requested China Railway Shanghai Bureau Group Co., Ltd. and China Railway Shanghai Bureau Group Co., Ltd. Nanjing Station to jointly compensate for the loss of 821000 yuan. The Nanjing Railway Transport Court held in the first instance that, under the condition that the two defendants had taken safety measures and fulfilled their warning obligations, Yang entered the highly dangerous area without permission and suffered damage, which was his own reason for the railway traffic accident, so the court rejected the plaintiff's claim. Both parties have not appealed, and the judgment has come into force. See line 5 on page 12 of the report)

37. Launching the election activity of "Jiangsu's Most Beautiful Judge": In July 2018, the provincial court launched the election activity of "Jiangsu's Most Beautiful Judge" in conjunction with the Propaganda Department of the Provincial Party Committee, the Provincial Federation of Trade Unions, the Communist Youth League Provincial Party Committee, the Provincial Women's Federation, Xinhua News Media Group, and the Provincial Radio and Television General Station. Ten "Jiangsu's Most Beautiful Judges" and 17 "Jiangsu's Excellent Judges" were elected through media launch, wide recommendation, strict review, social publicity and other procedures. See line 10 on page 12 of the report)

38. The organ ballad "75 Ninghai Road": 75 Ninghai Road, Gulou District, Nanjing City, is the location of the Jiangsu Provincial High People's Court, which embodies the good memories of several generations of Jiangsu court people and witnesses the growth of the rule of law in new China. The original song "75 Ninghai Road", composed and sung by two judges of the provincial court, was filmed and produced into a MV, which became popular on the Internet and won the first prize of the top ten micro videos in the third Ping An China "three micro" competition. See line 15 on page 12 of the report)