The people's court is a neutral judicial organ specialized in hearing cases, and it is the judge and defender of fairness and justice. For the parties to the case, judicial justice is concrete, and whether the people's court can realize judicial justice has a far-reaching impact on the rights and interests of the parties. Sometimes a party may only fight a lawsuit once in his life, so whether the trial of this case can be fair and just, especially if the parties really feel fair and just, not only involves the protection of the rights and interests of the parties, but also affects the views and trust of the parties and even the broad masses of the people on judicial fairness and justice.
First, to implement "let the people feel fairness and justice in every judicial case", we need to correctly grasp several relations.
Judicial justice and social justice
Judicial justice is the last protective barrier of social justice. Social justice is the common aspiration and pursuit of human society, and it is also the basic value pursuit of socialist rule of law. Judicial justice can not only maintain social justice, but also realize legal fairness and justice through correction, restoration and compensation. By exercising judicial power according to law, the people's courts safeguard the legitimate rights and interests of the people in politics, economy, culture and society, and realize and safeguard social fairness and justice. Judicature is an important legal system to guarantee social fairness and justice and promote social harmony. Judicial justice is the fundamental requirement of social justice for judicial work and one of the important means to realize social justice. Judicial injustice will inevitably affect the realization of social justice. It is conceivable that the unfair handling of a specific case is bound to be a concrete injury to social justice.
(B) substantive justice and procedural justice
Judicial justice requires not only the principle of fairness and equality in the court trial process, but also the spirit of fairness and justice in the court trial results. The former can be called procedural justice and the latter can be called substantive justice. Together, they constitute the basic content of judicial justice, and the realization of substantive justice needs procedural justice to guarantee it. Only procedural justice can guarantee the quality of handling cases to the greatest extent and finally realize the goal of substantive justice. In practice, "let the people feel fairness and justice in every judicial case" should start with ensuring procedural justice. Procedural justice requires judges to stand in a neutral position when trying cases, insist on judicial openness, fully listen to the opinions of all parties, and cannot be partial to any party. Procedural justice is external formal justice, which is visible and tangible to the parties and the broad masses of the people. It can be said that it is difficult to have substantive justice without procedural justice.
(c) individual justice and holistic justice
Fairness and justice are the life and soul of justice. In the eyes of the broad masses of the people, judicial justice is not an abstract and vague concept, but the handling of every specific case around us. One thousandth or even one thousandth of misjudged cases in the people's courts are 100% unfair in the eyes of the parties. It is precisely because of repeated unjust cases that the public has doubts about judicial justice. This kind of injustice not only directly affects the legitimate rights and interests of the parties, damages the fair image of the judicial organs, but also substantially affects the public's trust in the judiciary and belief in the law. Therefore, whether for the people's courts or the majority of judges, we should focus on how to improve the trial quality of each specific case and ensure that each specific case can be fairly judged or handled. Only through the fair judgment or handling of thousands of specific cases can the overall justice of the judiciary lay a solid foundation for the justice of cases.
(four) judicial discretion and the same case.
Adjudication in the same case is the direct standard for the public to evaluate judicial justice. Due to the generality, principle and abstraction of law, judicial discretion exists objectively and has its legitimate reasons. However, judicial discretion is not arbitrary and its abuse must be prevented. At present, with the emergence of various new types of cases, major issues and other cases, the situation of different judgments in the same case has appeared in local courts from time to time. Public opinion has pointed the finger at the abuse of judicial discretion, with different judgments in the same case and unfair judgments. It seems that excessive judicial discretion and abuse of judicial power are the biggest reasons for judicial injustice. For the broad masses of the people, the same case and the same sentence are their most intuitive and simple judgments and cognition of judicial justice, and they are also an effective way for the people's courts to make the people feel fair and just in every judicial case.
Second, take effective measures to make the people feel fair and just in every judicial case.
(a) around the maintenance of judicial justice, actively and steadily handle all kinds of cases.
It is the key to enhance judicial credibility and satisfy the people that the people's courts perform their judicial duties entrusted by the Constitution and laws and handle cases in strict accordance with the law. It is necessary to protect the right of appeal of the parties in accordance with the law and effectively solve the problem of difficult appeal; It is necessary to take various measures to solve the problems that the masses care about, such as lax law enforcement, unfair handling of cases, difficulty in litigation, and difficulty in enforcement, and strive to make the people with financial difficulties afford the lawsuit and let the parties with reasonable and legal support win the lawsuit. Let the people's courts handle every judicial case as a process to make the people feel the progress of judicial justice and the rule of law, and strive to make every case stand the test of law, people and history. Work hard to solve the quality of cases and improve the rate of judgment. It is necessary to strengthen judicial democracy, pay attention to improving judicial measures to facilitate the people and handle cases, and take targeted measures in all aspects such as filing, trial, execution and letters and visits to facilitate the masses to participate in litigation and better safeguard their rights and interests.
(two) around the protection of judicial integrity, and earnestly perform the duties of trial supervision.
Since ancient times, power must be restricted, and unrestricted power must be corrupt power. The people's courts independently exercise judicial power on behalf of the state according to law. If the judge's discretion is not restricted by supervision, it will be abused, which will lead to judicial injustice and judicial corruption. It is necessary to strengthen supervision and control and resolutely prevent the abuse of judicial discretion. Defying the law to deal with judicial corruption such as relationship cases, human cases and money cases. Judicial openness is an effective way to ensure judicial justice and prevent judicial corruption. It is necessary to further improve the various systems of judicial openness, improve judicial transparency, adhere to the sunshine trial, and promptly and publicly respond to public opinion in the judicial field. It is necessary to change passive publicity into active publicity, gradually expand the scope and channels of judicial publicity, and effectively put judicial work under the supervision of the parties and the people through various effective ways to fundamentally solve the problems affecting judicial justice. To achieve justice, in addition to the excellent quality and high degree of self-discipline of judicial personnel, it is also necessary to set up highly proper procedures, give the parties and their agents full procedural rights, be scientific, effective and in line with judicial laws, as well as effective and reasonable hierarchical supervision and external supervision to ensure the objectivity of fact finding, the correctness of legal application and the acceptability of the parties.
(3) Focus on strengthening judicial authority and reform.
The authority of the judiciary is not only related to whether the people's courts can handle cases and resolve disputes fairly, but also related to the recognition of the judiciary by the parties and the broad masses of the people. At present, some aspects that restrict judicial authority need to be reformed urgently. The report of the 18th National Congress of the Communist Party of China pointed out that it is necessary to "further deepen the reform of the judicial system, uphold and improve the judicial system in Socialism with Chinese characteristics, and ensure that judicial organs and procuratorial organs independently and impartially exercise their judicial power and procuratorial power according to law". In accordance with the deployment of the national political and legal work conference, focusing on law-related complaints and petitions and the reform of the judicial power operation mechanism, we should sum up and promote the good practices and experiences of local courts in upholding justice for the people in a timely manner, and strengthen classified guidance according to local conditions. Seriously study the acceptance conditions, review procedures, review standards and handling methods of appeals and applications for retrial, and effectively change the situation that the appeal period, the subject of appeal acceptance and the number of appeals are not limited. All appeal cases that meet the statutory retrial conditions shall be tried or adjudicated for retrial according to law. A case that does not meet the statutory conditions for retrial shall be terminated in accordance with legal procedures. We will continue to optimize the allocation of judicial power and strive to form an operational mechanism of judicial power with reasonable structure, scientific allocation, strict procedures and effective constraints.
(four) around the promotion of judicial public trust, and constantly create a good judicial environment.
The nature, function and mission of judicature require the judicial subject to remain neutral. Without judicial neutrality, it is impossible to gain the trust and acceptance of the parties; The neutrality of the judiciary must be based on ensuring that the judicial organs independently exercise their functions and powers according to law and have sufficient ability to resist any form of interference. In China, interference with the judiciary comes not only from money and power, but also from human feelings and relationships. This kind of national conditions and reality makes the judicial organs in China face a huge risk of intervention. Therefore, we must establish solid institutional barriers and institutional isolation, so that any interference can not have a substantial negative impact on judicial justice. We should actively create a social and cultural environment to safeguard judicial justice, overcome obstacles and obstacles in judicial activities, and carry out targeted program design, system prevention and mechanism barrier. In view of China's current national conditions, we should strive to eliminate the interference of "human feelings", "relationships", "money" and "power" in judicial activities. Correctly handle the relationship between news media supervision and judicial justice, cultivate the public's belief in the rule of law through various means, make handling affairs according to law become the public's inner recognition, and form the habit of advocating handling affairs according to law in daily life. People's courts should participate in social management innovation according to law, and at the same time pay attention to judicial boundaries, grasp the scale and keep the bottom line.
(5) Strive to build an excellent team of judges around improving judicial ability.
To further strengthen the ideological and political construction of judges, at present and in the future, we should take studying and implementing the spirit of the 18th CPC National Congress as the primary political task, and always be politically firm, professionally competent, fair and honest. In accordance with the requirements of the national political and legal work conference to focus on improving the "five abilities", we should strengthen the professionalization of judges, strive to cultivate a professional and professional team of judges, and constantly improve the judicial ability. Adhere to the mass line, conscientiously implement the eight provisions of the Central Committee on improving work style, actively participate in mass line education practice activities with pragmatic integrity as the main content, adhere to justice for the people, improve judicial style, standardize judicial behavior, be serious and honest, let the people feel fair and just in every administrative case, and strive to promote the fairness of judges, the integrity of the team, and the clarity of justice.