Work Report of Haimen People's Court
--At the Fourth Session of the 15th People's Congress of Haimen City on January 7, 2011
Qiu Jianguo, President of Haimen People's Court
Dear delegates
Now, on behalf of Haimen Municipal People's Court, I would like to make a work report to the General Assembly for your deliberation, and invite members of the CPPCC Municipal Committee and other people present as nonvoting delegates to put forward their opinions.
Review of work in 2010
In 2010, under the strong leadership of the Municipal Party Committee, the strong supervision of the People's Congress and the correct guidance of the superior courts, with the strong support of the government, the CPPCC and all sectors of society, our hospital comprehensively implemented the spirit of the Fifth Plenary Session of the 17th CPC Central Committee, deeply carried out the activities of learning and practicing the Scientific Outlook on Development, and took striving for "National Excellent Court" as the driving force, Focusing on the goal of creating a "first-class team, first-class performance, first-class management, and first-class experience", combining the new situation, new tasks, and new requirements of economic and social development, serving the overall situation, serving the people's justice, integrating fairness and justice with the characteristics of the times and social needs, and faithfully fulfilling the sacred mission and responsibilities entrusted by the Constitution and laws, It has made new and remarkable achievements in serving the economic and social scientific development of Haimen and realizing the development of the court itself. Throughout the year, 9257 cases of all kinds were accepted, 9166 cases were concluded, and 208 cases were closed per judge.
1、 Adhere to the guidance of "harmonious justice", give full play to the judicial function, and maintain social harmony and stability effectively
Over the past year, our hospital has always adhered to the working idea of "the unity of the legal effect of the trial and the social effect", made full use of judicial means, effectively coordinated various social relations, reduced contradictions and conflicts, and worked hard to create a harmonious and stable social environment and a fair and orderly legal environment.
First, strengthen the fight against all kinds of criminal crimes and safeguard national security and social stability. The court concluded 498 criminal cases in the first instance and sentenced 760 criminals. We have always maintained the trend of cracking down on criminal activities that seriously endanger social security, and concluded 52 criminal cases involving 77 people, including intentional homicide, kidnapping, robbery, mafia and crime, and drugs. We severely cracked down on economic crimes and concluded 22 criminal cases involving the production and sale of fake and substandard goods, smuggling, fraud, and falsifying VAT invoices, involving 36 people. The case of the defendant Shi Jiachuan's illegal absorption of public deposits was carefully concluded, and the defendant Shi Jiachuan was sentenced to 18 years' imprisonment and a fine of 1.59 million yuan according to law. We severely punished duty crimes, and concluded 14 cases of corruption, bribery, misappropriation of public funds, abuse of power and other crimes committed by state functionaries. Implement the criminal policy of tempering justice with mercy, and deal with those who have legal and discretionary circumstances with leniency according to law and consider them as appropriate, so as to maximize the division of criminals and reduce social opposition.
The second is to strengthen the comprehensive management of social security and promote the construction of "Chang'an Haimen". Centering on the establishment of "drug free community", the president served as the presiding judge to open a court session to hear a drug trafficking case involving college students, organize community residents and relevant specific subjects to participate in the audit, and expand the scope of legal education. We explored a new mechanism for criminal reconciliation and actively resolved conflicts and disputes. Throughout the year, 16 criminal incidental civil cases were solved, with a compensation amount of 1.76 million yuan. Actively participated in community correction work, strictly investigated and evaluated the defendants in criminal cases before trial together with relevant departments, and standardized the connection between non custodial punishment and community correction work. We have explored new measures to prevent crime, improved the working mechanisms of the vice principals of legal system in primary and secondary schools, and helped with probation. We have established a scientific juvenile crime prevention and control system and a new pattern of humanized, socialized, and networked "three modernizations" of help and education.
The third is to strengthen litigation mediation and "litigation mediation docking", and improve the working mechanism of grand mediation. The mediation withdrawal rate of civil and commercial cases reached 83.4%, up 7.35% year on year. We will introduce public order and good customs into civil and commercial trials, and make full use of folk customs within the legal framework to effectively resolve litigation disputes. The case of the maintenance dispute between centenarian Xu Lianwen and his three children was carefully mediated. The "car court" was opened to the elderly's home, and more than 100 people listened on the spot, which really played a positive role in "mediation, education and harmony". Exploring new ways of "litigation mediation docking", such as people's mediation and invitation for assistance in mediation, has greatly improved the quality and efficiency of trials. The "litigation mediation docking" and "quick judgment mechanism" of our hospital were highly praised by the superior leaders, and were awarded the "innovation award for political and legal work" by the Political and Legal Committee of Nantong Municipal Party Committee. Relevant work experience was promoted in the court system of the province.
Fourth, we should strengthen the complaint reporting work and resolve the disharmonious factors to the maximum extent. Throughout the year, 116 people's letters were handled and 322 people were received. A batch of complaint reporting cases assigned by the municipal party committee, provincial and municipal courts and other higher authorities were collectively cleared up by taking the measures of "four guarantees and one guarantee", such as determining time, personnel, leadership, responsibility and case handling. In view of the practical difficulties of the petitioners, we communicated and coordinated with the Party Committee and the government, implemented relief measures, and strengthened education and guidance to urge them to stop complaining and strike, so that the problems reflected by a group of long-term petitioners were effectively solved, and some hidden contradictions were investigated and resolved. During the Shanghai World Expo and the Guangzhou Asian Games, we strengthened the stability control of interest litigation and effectively maintained social stability.
2、 Adhere to the concept of "overall justice", focus on the central work of the Municipal Party Committee, and make outstanding achievements in promoting the overall economic and social development
Over the past year, our hospital has closely focused on the work theme of "making every effort to win the 11th Five Year Plan" and march towards basic modernization "proposed by the municipal party committee, improved the initiative of judicial work, maximized the efficiency of the trial work serving the central work of the municipal party committee in the best way and way, reasonably resolved disputes, resolved conflicts, and promoted economic and social development and progress.
First, improve the judicial protection of the rights and interests of market subjects, and serve the sound and rapid development of the economy. The whole court concluded 6092 civil and commercial cases in the first instance, with a total amount of 710 million yuan to settle the subject matter of disputes. We continued to carry out the activity of "connecting judges with grass-roots units" and actively visited a number of private enterprises. The court of the industrial park held a "forum on the development of court services for home textile enterprises" and issued contact cards for trial services to home textile enterprises. We guided financial enterprises to operate in a standardized manner, prevented and resolved business risks, and heard 45 financial contract disputes throughout the year, effectively protecting and promoting the safe and sound development of transactions in the financial market. We will intensify the trial of commercial cases, carefully conclude the case of insurance contract dispute between Tianlong Chemical Plant and an insurance company, recover millions of yuan of economic losses for the enterprise, and help the enterprise avoid possible operational difficulties caused by workshop explosions.
Second, improve the judicial protection of resources and environment, and serve the construction of ecological cities. 12 environmental protection lawsuits and administrative non litigation enforcement cases were concluded. Deliberately heard the case of compensation dispute for damage caused by highly dangerous operation of a chemical plant in Haimen. The case is that the defendant leaked a large amount of sulfuric acid due to the rupture of the bellows during the transportation of sulfuric acid, which seriously polluted the surface environment, thus leading to a tort lawsuit. For the trial of this new type of case, our court has constantly updated the trial concept, summarized work experience in a timely manner, and further strengthened the awareness of judicial protection of environmental resources. With the increasing number of environmental disputes, our hospital has put the construction of an ecological city on the agenda by establishing and improving emergency response plans for related cases, information early warning disposal mechanisms, important public opinion guidance mechanisms and other measures.
Third, improve the judicial protection of farmers' rights and interests, and serve the construction of modern new countryside. We concluded 68 agricultural related cases, including disputes over rural land contracts and homestead disputes. The Opinions on the Implementation of Strengthening the Construction of People's Courts to Provide Judicial Services for Economic and Social Development and Stability was formulated, and eight measures were taken from the aspects of filing, trial, mediation and implementation, opening up a green channel for fair and efficient handling of agricultural cases.
The fourth is to improve the administrative trial working mechanism, supervise and support the administration according to law. The Court concluded 33 first instance administrative cases and reviewed 215 non litigation administrative enforcement cases. Work with the legal department of the municipal government to promote the system of administrative heads responding to lawsuits in court, and relevant experience was reported on the front page of Jiangsu Legal Daily. Actively visited the administrative organs, explained the administrative law practice for more than 10 times for the administrative law enforcement personnel of industry and commerce, transportation, taxation, urban management, health, etc., and promoted the improvement of law enforcement level.
3、 Adhere to the purpose of "justice for the people", implement measures to facilitate and benefit the people, and protect the legitimate rights and interests of the people in accordance with the law with remarkable results
Over the past year, our hospital has been deeply promoting the judicial work for the people, based on the judicial function, innovated service measures, and earnestly implemented the "three more" working ideas: using more legal services to provide high-quality judicial environment for the parties; Use mediation and coordination to deal with disputes and balance interests, so that people can feel the court's love and law, affinity and sincerity; More flexible means should be used to provide appropriate judicial assistance to the people in need.
First, we will strengthen judicial solutions to people's livelihood issues. Correctly apply new laws and regulations such as the Property Law, the Tort Liability Law and the new judicial interpretations of the Labor Law, and properly handle relevant cases. In the whole year, 350 cases of labor disputes and labor contract disputes were concluded, and the amount of dispute subject matter was more than 5 million yuan; Concluded 32 cases of compensation for employee injury and compensation for industrial accident damage, with the amount of compensation object more than 2 million yuan; 18 civil and administrative cases involving house demolition and land requisition were properly handled.
The second is to strengthen the implementation of litigation measures for the convenience of the people. Formulate and implement the detailed rules for case filing and publicize them to the public to guide the litigants in litigation; Vigorously promote measures to facilitate litigants' litigation, such as online filing, itinerant case handling, appointment of court sessions, electronic signature, and establishment of prosecutors. More than 80 vehicle courts were opened throughout the year, and the judicial convenience mechanism was fully implemented; The application of summary procedure was strengthened, simplified trial of ordinary procedure cases was promoted, trial efficiency was improved, and litigants' litigation burden was reduced. The application rate of summary procedure in criminal and civil first instance reached 84.2%.
Third, we will increase efforts to resolve the problem of "difficult implementation". Vigorously clear up the backlog of execution cases, establish and improve the execution information management system, continue to promote the property declaration system of the person subjected to execution, and improve the implementation deterrence linkage mechanism. In the "Haimen Daily", the list and query method of the persons who have not consciously performed their obligations according to law in more than 70 enforcement cases in two batches were published, and information sharing and measures linkage with banks, industry and commerce, real estate, entry and exit, vehicle management and other departments were strengthened, and efforts were made to build a linkage mechanism for all-round sanctions against those who have refused to perform their legal obligations. There were 2309 cases that the whole court entered the execution procedure, a year-on-year decrease of 28.7%, and the total amount of cases committed was 230 million yuan, a year-on-year decrease of 10.3%.
Fourth, strengthen the work of judicial assistance. We helped vulnerable groups to effectively exercise their right to sue. In 81 cases, the whole court has deferred, reduced and exempted litigation costs of more than 100000 yuan for the disabled and received state relief due to living difficulties. In accordance with the Measures for the Administration of the Use of Special Funds for Implementation Assistance, we actively strived for the implementation of special funds for assistance, and provided timely assistance to qualified applicants for implementation. Throughout the year, a total of 45000 yuan of implementation assistance was issued, and 288 difficult cases such as traffic accident damage compensation and criminal incidental civil compensation were resolved.
4、 Adhere to the goal of "scientific development", strive to create a national excellent court, and the professional quality of judges has been significantly improved
Over the past year, our hospital has vigorously strengthened the construction of the court team with the main line of in-depth activities of creating excellence. Insist on striving for excellence in promoting the construction of learning party organizations, striving for excellence in improving the level of trial execution, and striving for excellence in deepening the "three key tasks". We will set an example by strengthening the team, strive for advancement with strong quality, and maintain purity with strong supervision to further improve the overall quality and combat effectiveness of the team.
First, promote judicial reform. Deepen the reform of the judge training system, and carry out the "pass on" activity of old judges to new judges. We will fully implement the open trial system, and all cases will be heard in public, except those that are not heard in public according to law; The operating procedures of public entrusted appraisal shall be determined randomly by the entrusting institution through lottery, and the public cross examination and authentication procedures for the appraisal conclusions shall be introduced in the court trial; We carried out the activity of "court trial review", selected 23 typical cases in the whole court, and invited 235 people from the leadership of the National People's Congress, deputies to the National People's Congress, members of the CPPCC and people from all walks of life to inspect, attend and review the court trial. After review and feedback, the overall average satisfaction rate of the trial reached 99.6%.
Second, promote the construction of judicial standardization. We should strengthen the idea of seeking quality and efficiency from trial management, promote the improvement of trial quality and efficiency with trial management, and promote the in-depth construction of judicial standardization. Establish a case flow management mechanism. Track, supervise and manage the whole process of filing, hearing, adjudication and delivery, and implement the separation and mutual restriction of filing power, judicial power and executive power. We will strengthen the responsibilities of the president and chief judge in supervising and managing trials. A multi-level and comprehensive trial management pattern with the trial management office as the leading role, the president, the presiding judge and other trial management subjects at all levels actively participating and everyone responsible has been initially formed. Implement the statistical analysis system of trial quality and efficiency indicators. Combining qualitative analysis with quantitative measurement, monthly analysis and quarterly comments can dynamically reflect the trial operation situation and provide basis for scientific decision-making.
Third, promote the construction of the court team. Strengthen the team building, highlight the word "integrity" in style and discipline, and achieve a decent style; In serving the people, the word "sincerity" should be highlighted to serve the people wholeheartedly; In the trial and other work, the word "solid" should be highlighted to achieve solid work; In terms of management, the word "strict" should be highlighted, and trial discipline and various rules and regulations should be strictly enforced. Through a series of learning activities, the police's ideological awareness was effectively improved, the judges' professional ethics awareness was strengthened, and the correct value orientation and value pursuit were established. The study and implementation of the Basic Code of Professional Ethics for Judges and the Code of Conduct for Judges are regarded as an important part of team building, infiltrated into the trial work and the work of the court, and constantly improve the professional ethics awareness and level of police officers.
Fourth, promote the construction of a clean and honest government. The cadres' style and the implementation of the system will be included in the incorruption responsibility statement, and the implementation will be strengthened step by step. Organize part-time integrity supervisors to carry out explicit and covert visits to "window" departments, dialogue with judges, observation and evaluation of court trials and other activities, and carefully listen to and adopt 26 opinions and suggestions of part-time integrity supervisors on improving team quality. Strictly implement the "Five Prohibitions" and the "Regulations on the Punishment of People's Judges" and other judicial disciplines and systems, standardize the relationship between judges and parties and lawyers, and prevent the occurrence of violations of laws and disciplines.
Distinguished delegates: In the past year, our court has made new breakthroughs in the quality and efficiency of trials. The comprehensive ranking of various indicators has been ranked as the "first square" of Nantong grass-roots courts for three consecutive years; The level of judicial management has been improved. At this year's National Conference of Court Presidents, our court, as the only representative of the grass-roots court to speak, specifically introduced the experience of "building the three major management platforms of the court" to the conference; The quality of the judge team has been improved. In recent years, 100% of the clerks in the judge sequence passed the judicial examination; The work of the People's Court has taken on a new paradigm. This year, the Third Factory Court was awarded the title of "Excellent People's Court of the Province" and "Advanced Collective in Solving Litigation Related Contradictions" by the Provincial Higher People's Court. The provincial people's court work site meeting was held in Haimen on December 7, which comprehensively demonstrated the good working quality of our hospital. The achievements can not be achieved without the leadership, supervision, support and concern of the Party Committee, the People's Congress, the government, the CPPCC and all sectors of society. Municipal leaders have repeatedly gone to the court to guide the work, and representatives have put forward many sincere suggestions on further strengthening trial management and improving the quality of judges, helping the court solve many difficulties. Here, on behalf of the Municipal Court, I would like to express my heartfelt thanks and high respect to all of you!
Compared with the requirements of the situation and tasks, the work of the whole hospital still has some shortcomings. First, the awareness of justice for the people and fairness and justice needs to be improved. At present, people's expectations and concerns about the work of the court are getting higher and higher, and the handling of cases is becoming more and more difficult. The trial work should not only ensure the overall economic and social development of Haimen, but also fully protect the individual rights and interests of the parties. It should not only achieve fair and efficient legal effects, but also pursue the social effects of the case being closed. In the face of the new situation, the awareness of the trial team to serve the people, to be fair, and to handle cases strictly in accordance with the law in an open and transparent environment need to be further strengthened. Second, trial management needs to be strengthened. With the rapid increase of the number of cases and higher and higher standards of work, the court's trial quality management, assessment indicators and incentive mechanism need to be improved and strengthened. Third, judicial capacity needs to be improved. In recent years, the judicial team has experienced a phenomenon of high education and youth. Although the professional quality of law has been greatly improved, the ability to accurately apply the law and properly resolve social conflicts needs to be strengthened, and the training of young judges needs a long process. Fourth, the working mechanism needs to be improved. In resolving social conflicts, the connection mechanism between litigation mediation and non litigation mediation needs to be improved; In terms of implementation, the linkage mechanism between the court and relevant departments needs to be further improved; The working mechanism of the organic combination of judicial protection and social assistance has not been established for the needy people involved in complaint reporting. We should seriously solve these problems in our future work.
Distinguished delegates, the overall idea of our work in 2011 is to fully implement the spirit of the Fifth Plenary Session of the 17th CPC Central Committee, earnestly implement the spirit of the national, provincial and municipal political and legal work conferences, and focus on the central work of the municipal party committee and government, to do a solid job in resolving litigation disputes, promoting social management innovation, and strengthening fair and honest justice, We will strive to achieve the work goal of "serving the overall situation with new achievements, resolving litigation related disputes with new achievements, promoting social management innovation with new measures, and fair and honest justice with new results", and strive to create a new situation for the scientific development of court work. Focus on the following work:
1、 Pay equal attention to the administration of justice according to law and the active administration of justice, and better serve the overall situation of economic and social development
First, focus on strengthening the trial of key cases. We will do a good job in the trial of major cases such as company liquidation and bankruptcy reorganization, do a good job in property preservation, evidence investigation, stabilizing the feelings of employees and creditors, prevent the transfer of effective assets of debt enterprises from triggering mass petition events, and strive to achieve a good effect of promoting the rebirth of bankrupt enterprises, protecting the rights and interests of employees, and ensuring social stability.
Second, efforts were made to strengthen judicial protection for industrial upgrading and urban transformation. Focus on strengthening the judicial support for the city's emerging industries, traditional competitive industries, key industries and other related industries with characteristics; We will conscientiously strengthen environmental protection trials, thoroughly study the civil litigation system for environmental protection, and constantly promote the construction of "ecological" cities.
The third is to strengthen the construction of long-term mechanism for serving economic development. Further strengthen risk early warning and prevention work, and report to the Party Committee, the government and the superior court in a timely manner on the trial of cases involving enterprises, people, agriculture and the government, as well as outstanding problems affecting economic development caused by changes in the macroeconomic situation to ensure that they are properly resolved.
Fourth, focus on strengthening the standardization of market economy order. Strengthen the judicial protection of consumer rights in education, medical care, financial management and other hot markets, and standardize the market consumption order; Properly handle disputes over the transfer of shareholders' rights and property rights caused by contradictions in corporate governance, and standardize the order of property rights trading market.
2、 Pay equal attention to both symptoms and root causes, and better resolve litigation disputes
First, we will further strengthen the role of the people's courts as frontiers. We will actively prepare for the establishment of urban courts. 50% of the court's trial force will be sent to the grass-roots level, and more than 70% of the disputes will be resolved at the grass-roots level. The court trial work strives to achieve excellence in complexity and efficiency, and makes breakthroughs in creating excellent cases and legal documents.
Second, further strengthen the pre litigation mediation work. We will comprehensively promote the docking of litigation and mediation in the four established courts, strengthen the guidance and judicial confirmation of people's mediation, enhance the authority of people's mediation, and improve the success rate of pre litigation resolution.
Third, further strengthen the supervision and implementation of mediation cases. The proportion of full pressure drop mediation entering the execution procedure.
Fourth, further strengthen the prevention and resolution of group litigation disputes. Establish and improve the prevention mechanism of group litigation events, find out the signs of possible group litigation events in all links of the trial process, take preventive measures in time, and resolutely prevent the occurrence of events affecting social stability.
3、 Focusing on trial and broadening service, to better promote social management innovation
First, actively promote administration according to law. Taking the appearance of administrative leaders in court as a starting point, we should strengthen communication with the Party committee and government, promote the construction of a comprehensive coordination mechanism for administrative disputes, promote the improvement of the level of building a government ruled by law, and serve the overall economic development of the city.
Second, actively maintain social stability. Adhere to the principle of "strike hard", increase the punishment for crimes committed by mafia, serious violent crimes, and frequent crimes against property in accordance with the law, and effectively guarantee the safety of people's lives and property; We will further strengthen the trial of job-related crimes.
Third, actively promote comprehensive governance of social security. We will vigorously promote the joint construction and management of "Harmonious Haimen", actively participate in social management and special governance of social security in accordance with the law, and give full play to the role of judicial adjudication in ensuring and promoting.
Fourth, actively investigate the emerging and universal problems in social life. Grasp the key issues concerned by the Party committee and the government, the hot issues strongly reflected by the masses, and the livelihood issues that affect the fundamental interests of the people, conduct serious research and analysis from the perspective of judicial practice, and propose practical solutions to give play to the guiding function of justice.
4、 Pay equal attention to education and supervision and management, and better strengthen the construction of the court team
First, efforts should be made to build judicial capacity. Strengthen the ability training and professional training for young judges, effectively improve the comprehensive ability of young judges, and take the "professional mentoring system" as the platform to give full play to the role of senior judges in "preaching, helping and leading".
The second is to work hard on the team building and reserve cadre team building. Vigorously strengthen the construction of the team and cultivate the echelon of reserve cadres at the court level; We will improve the construction of the training system and establish a pool of expert and compound judges.
The third is to work hard on cultural construction. Strengthening the construction of court culture and cultivating core value culture; Adhere to the motto of "advocating the concept of rule of law, pursuing equality and justice", and cultivate behavior culture.
Fourth, efforts should be made to strengthen fair and honest law enforcement. Establish a scientific assessment mechanism for impartial and honest law enforcement, and combine the assessment results with the assessment of excellence, promotion and promotion. Create a model of fair and honest law enforcement, increase publicity, and establish the image of a court that enforces the law for the people and is fair and honest.
Distinguished delegates: Under the leadership of the Municipal Party Committee and the supervision of the Municipal People's Congress and its Standing Committee, the Municipal Court will strengthen the sense of urgency to maintain social stability in Haimen, enhance the sense of responsibility of the people's judges for the people, enhance the sense of mission to maintain fairness and justice, earnestly perform the duties entrusted by the Constitution and the law, and make greater efforts to build a "basically modern new Haimen".
