Promote fairness and justice and enhance people's well-being
-- Reform and opening up in the new era from the perspective of judicial fairness
Layout of People's Daily on July 17
"Persist in comprehensively governing the country according to law, deepen reform on the track of the rule of law, promote Chinese-style modernization, so that reform and the rule of law are unified, major reforms are based on the law, and the results of reform are promptly elevated to the legal system." This is one of the principles that must be implemented to further deepen reform in an all-round way.
"Judicial impartiality is the last line of defense to maintain social fairness and justice."
"Strive to make the people feel fairness and justice in every judicial case."
Since the 18th National Congress of the Communist Party of China, the CPC Central Committee with Comrade Xi Jinping at the core has adhered to the rule of law in an all-round way, with the deepening of the reform of the judicial system as the traction, and the implementation of the judicial responsibility system as the starting point, to promote the impartiality of the judiciary and achieve new results, create a good legal environment for reform, development and stability, and continue to meet the people's higher demand for fairness and justice.
Guarantee and serve reform and development, and build a modern socialist country in an all-round way on the track of rule of law
"We must give better play to the role of the rule of law in consolidating the foundation, stabilizing expectations, and benefiting the long-term, and comprehensively build a modern socialist country on the track of the rule of law."
Since the beginning of the new era, the judicial organs have insisted on serving the overall situation and administering justice for the people, providing a strong legal guarantee for comprehensively deepening the reform and ensuring the orderly progress of the reform.
Strive to create a business environment based on the rule of law——
General Secretary Xi Jinping pointed out that "the rule of law is the best business environment".
The two opinions release a positive signal of stabilizing expectations and strengthening confidence: the Supreme People's Court has formulated 27 opinions on optimizing the legal environment to promote the development and growth of the private economy, and the Supreme People's Procuratorate has formulated 23 procuratorial opinions on promoting the development and growth of the private economy, continuously optimizing the legal environment for the development of the private economy.
In 2023, the people's courts promoted the liquidation of arrears of small and medium-sized enterprises, with an enforcement amount of 18.78 billion yuan, and the procuratorial organs deepened the compliance reform of enterprises involved in cases, handling 3,866 related cases.
Integrate the principle of equal protection in accordance with the law into judicial policies and handle individual cases; protect the property rights of private enterprises and the rights and interests of entrepreneurs in accordance with the law; Continue to clean up the "pending cases" involving enterprises, and resolutely correct the use of criminal means to meddle in civil and economic disputes...... The judiciary uses the certainty of the rule of law to help boost confidence, stabilize expectations, and promote development.
Service Innovation Drives Development——
General Secretary Xi Jinping pointed out: "Innovation is the first driving force to lead development, and the protection of intellectual property rights is to protect innovation." ”
Only by adhering to the judicial concept of strict protection can we stimulate innovation and vitality with a fair judiciary.
"It is necessary to intensify the punishment of intellectual property infringement and illegal acts, so that infringers pay a heavy price."
Is it "Usu" or "Bird Su"? Wusu beer has a high influence in the domestic beer industry, but some companies produce and sell infringing products counterfeit Wusu beer through "free riding" and "famous brands". Through cross-regional litigation, the court fully upheld Wusu Beer's claim for compensation and protected the company's intellectual property rights.
"We can't afford to be left behind on the new track."
In order to strengthen the protection and application of intellectual property rights, improve the incentive mechanism for technological innovation, and establish intellectual property courts; In order to give full play to the functions and roles of the judiciary in promoting the innovation and development of the network economy, Internet courts have been added...... By strengthening the protection of intellectual property rights, we will promote the application of scientific and technological achievements in new fields and new business forms, and activate the "spring water" of scientific and technological innovation.
Strengthen ecological and environmental protection——
General Secretary Xi Jinping emphasized: "We must protect the ecological environment like protecting our eyes, and treat the ecological environment like life." ”
"In the past, the lake was full of cages and the water quality deteriorated; Today, the scenery is beautiful, and the mountains and rivers are beautiful. The work log of the prosecutor handling the case reads. As the first public interest litigation case directly filed and handled by the Supreme People's Procuratorate, the Wanfeng Lake case highlights that procuratorial public interest litigation is becoming an important legal means for ecological and environmental governance.
Issuing guidance on the "dual carbon" of judicial services; "EIA report dealers" who commit fraud and have bad circumstances are banned from practicing EIA for life; The Supreme People's Procuratorate directly filed a public interest lawsuit against the pollution of ships in the main and tributaries of the Yangtze River...... Since the new era, the concept of harmonious coexistence between man and nature has become more deeply rooted in the hearts of the people, and the judicial protection of thousands of miles of rivers and mountains has become more colorful.
Create a harmonious and stable social environment, and continuously improve the level of rule of law in social governance
General Secretary Xi Jinping profoundly pointed out: "The reason why the mainland has created the 'two miracles' of rapid economic development and long-term social stability is closely related to our continuous promotion of the construction of socialist rule of law. ”
Comprehensively deepening reform will bring about a series of adjustments in social interests. Only by being fair, efficient, and authoritative in the judiciary can we create a harmonious and stable social environment for comprehensively deepening reforms, by resolving all kinds of risks and contradictions in accordance with the law, and by ensuring that the basis and procedures for disposition are lawful and compliant, and that the results of disposition are predictable.
Protect the peace in vain. Carry out the struggle to eliminate organized crime and evil on a regular basis, so that urban and rural areas will be more peaceful and the masses will be more happy. Strictly punish domestic and foreign telecommunications network fraud crimes, and protect the people's "money bags".
Combining leniency and severity promotes crime governance. The procuratorial organs have taken the initiative to adapt to changes in the structure of criminal offenses, and have coordinated with all parties to advance the governance of misdemeanors. In 2023, more than 90% of criminal suspects pleaded guilty and accepted punishment in the procuratorial process, with a first-instance sentence acceptance rate of 96.8%.
Grasp the front end, treat the disease before it happens——
"It is necessary to improve the preventive legal system".
"In China, you can try 'Chinese-style mediation' and discuss it in advance." Under the persuasion of foreign mediator Jack, Anthony, a foreign businessman who was restricted from leaving the country by the court due to the dispute, readily agreed. The Yiwu Court in Zhejiang Province launched the docking procedure for litigation and mediation of foreign-related disputes, and the "foreign uncle" Jack participated in the joint mediation, and the mediation was successful in 3 days.
The Supreme People's Court and relevant units have established a "general-to-general" online litigation and mediation docking mechanism to promote the transformation of disputes from "resolved" to "well resolved"; The procuratorial organs strictly regulate the implementation of "reply to the procedure within 7 days, and reply to the process or result within 3 months", and continue to consolidate and deepen the "reply to each case" of the masses' petitions...... Adhere to and develop the "Fengqiao Experience" in the new era, promote more rule of law forces to guide and guide the end, and effectively promote social harmony and stability.
Clear rules and promote governance——
"It is necessary to uphold judicial impartiality and give play to the function of justice in adjudicating cases, punishing evil and promoting good."
At this year's National People's Congress and the National People's Congress, "legitimate defense" and "Article 20 of the Criminal Law" have become hot words in the reports of the "Two Supreme People's Courts," and the concept of "the law cannot yield to lawlessness" has been deeply rooted in the hearts of the people. In recent years, the provisions of Article 20 of the Criminal Law on legitimate defense have been continuously implemented, so that judicial activities can not only safeguard fairness and justice, but also promote social righteousness.
To curb the high bride price in accordance with the law, the Supreme People's Court has issued judicial interpretations and typical cases to make the bride price a "rite". The Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security jointly issued guiding opinions to resolutely punish online violence for "pressing a button to hurt people", to preserve citizens' personality rights and interests and online order. Carry forward the Core Socialist Values in the performance of duties and handling cases, so that the rule of law and the rule of ethics complement each other and complement each other, effectively promoting the establishment of a rule of law society.
Escort the people's better life, and strive to make the people have more sense of gain, happiness and security
"Why can our reform and development be carried out in an orderly manner and the society can maintain long-term stability? A very important point is that we have always adhered to the people-centered development philosophy, taken the promotion of social fairness and justice and the improvement of people's well-being as the starting point and end point of our work, and strived to give the people a greater sense of gain, happiness and security. ”
Since the beginning of the new era, the judicial organs have adhered to the people-centered approach, safeguarded the people's rights and interests in accordance with the law, and strived to make the people feel fairness and justice in every judicial case.
Implement the judicial convenience and benefit the people——
"The law should not be cold, and judicial work is also the work of the masses."
In order to dissolve a 25-year marriage in name only, Li Aizhen, a resident of Guangdong, walked through the door of the First Circuit Court of the Supreme People's Court.
Previously, due to the expiration of the statute of limitations, the courts of first and second instance rejected Li Aizhen's litigation request to revoke the marriage certificate. The "case was closed" but the "heart knot" was not resolved, and the circuit court repeatedly negotiated with the Guangdong court, and finally relieved Li Aizhen of many years of trouble in accordance with the law. Since 2015, the Supreme People's Court has set up circuit courts in six places, including Shenzhen, and the "Supreme People's Court at the doorstep" has relieved the people's worries on the spot.
Justice is for the people, and the branches and leaves are concerned. The reform of the case filing and registration system has been implemented, and the problem of "difficulty in filing cases" has been effectively solved; All four levels of courts across the country have built one-stop litigation service centers, and the cost of dispute resolution has been significantly reduced. In view of the impact of "words as small as ants" on drug instructions to the safety of medication, the procuratorate used public interest litigation to promote the transformation of the elderly......
Implement judicial democracy and ensure the participation of the masses
"Judicial workers must keep close contact with the masses, and if they do not understand the language of the masses, do not understand the sufferings of the masses, and are not familiar with the demands of the masses, it will be difficult for them to master the correct working methods and play their due role."
A procuratorial hearing was held in a district in Zhangjiakou, Hebei Province, with deputies to the National People's Congress, members of the Chinese People's Political Consultative Conference, and lawyers serving as hearing officers. "Although Hu used consumption coupons to mislead consumers into shopping, the fine of 300,000 yuan was too heavy." On the basis of hearing the opinions of all parties, the procuratorial organs are to formulate and issue procuratorial recommendations, urging the administrative organs to implement the principle of "proportionality of punishment".
From public hearings, the people's supervisor system, and so forth, the channels for the masses to participate in and supervise the judiciary in an orderly manner have been continuously expanded, to the gradual improvement of the quality and effectiveness of people's assessors' participation in trials, to the point where every link of the judiciary can be inquired through open channels...... Reform measures have promoted judicial democracy, promoted judicial fairness, and enhanced judicial credibility, and an open and transparent judiciary has created more accessible justice for the people.
On the new journey, under the guidance of Xi Jinping Thought on the Rule of Law, we will identify the combination and focus of the overall situation of judicial service for the Party and the country, actively integrate into and serve Chinese-style modernization, ensure that reform is promoted on the track of the rule of law, and let the light of fairness and justice shine, which will surely help the "China" giant ship to move steadily and far.
Source: People's Daily