Article 1 In order to standardize the working procedures of the judicial committee, improve the working efficiency, ensure the fairness, efficiency and authority of trial decision-making, strengthen the summary of trial experience, refine the trial rules and study the application of laws, and give full play to the functions of the judicial committee, the rules are revised according to the Organic Law of the People's Court of People's Republic of China (PRC). Anhui Higher People's Court's implementation rules and relevant regulations on improving the judicial responsibility system of the court, combined with the trial practice of our hospital.

Article 2 The Judicial Committee is the highest judicial body in our hospital and consists of members of the Judicial Committee.

Article 3 The judicial committee deliberates and decides issues, practices democratic centralism and adheres to the principle that the minority is subordinate to the majority.

Article 4 In discussing cases, the judicial committee must follow the principles of taking facts as the basis, taking law as the criterion, seeking truth from facts and matter of justice.

Chapter II Convening and Convening

Article 5 The trial management office shall be responsible for notifying members of the regular meetings of the judicial committee, compiling and distributing the minutes of the meetings, receiving and dispatching trial reports and other specific matters.

Article 6 The meeting of the judicial committee shall be presided over by the president. If the president is unable to preside over the meeting for some reason, he may entrust the vice president to preside over the meeting.

Article 7 The procurator-general of the people's procuratorate at the same level or the deputy procurator-general entrusted by the procurator-general may attend the judicial committee to discuss the following cases as nonvoting delegates:

(1) A public prosecution case in which the defendant may be acquitted;

(2) Cases protested by people's procuratorates;

(three) other cases that require the attorney general to attend.

Article 8 Members of the judicial committee shall consciously implement the withdrawal system, and in case of legal withdrawal, they shall voluntarily withdraw. If the dean or the presiding officer finds that a member has a legal withdrawal, he shall ask him to withdraw.

Article 9 The judicial management office shall deliver the written materials on the matters discussed at the meeting to the members of the judicial committee three days before the meeting of the judicial committee, and inform the date of the meeting at the same time, except in special circumstances.

Article 10 Members of the judicial committee shall attend the meeting on time according to the notice. If you can't attend the meeting or attend the meeting on time due to special reasons, you must ask for leave from the meeting host in advance.

Article 11 A meeting of the judicial committee may be held only if more than half of the members of the judicial committee are present.

Article 12 The records of the judicial committee shall be properly kept and filed on time, and shall not be lent or circulated without approval.

Chapter III Duties and Powers

Article 13 The functions of the judicial committee are:

(1) Summing up experience in judicial work;

(two) to discuss and decide on the application of law in major, difficult and complicated cases;

(three) to discuss whether the judgment, ruling or conciliation statement that has occurred in our court should be retried;

(four) to discuss and decide other major issues related to the trial work.

Article 14 Other major issues related to judicial work discussed and decided by the judicial committee are:

(a) major issues related to the trial work that need to be transferred to a higher court for trial;

(2) unify the standards of our court;

(3) to formulate and revise the judicial work system and rules of this court;

(four) other matters that the president thinks need to be submitted to the judicial committee for discussion.

Fifteenth the following cases shall be submitted to the judicial committee for discussion and decision:

(1) Cases in which legally effective judgments, rulings and conciliation statements are indeed wrong and need to be retried;

(2) Cases that are sentenced to a penalty below the statutory penalty or exempted from criminal punishment;

(3) Cases in which the defendant is acquitted;

(four) the law is not clear, there are problems in the application of the law and the need to consult the higher court for the application of the law;

(five) criminal cases that should be sentenced to life imprisonment or death penalty and need to be submitted to the intermediate court for trial;

(six) cases that are considered serious and need to be submitted to a higher court for trial.

The collegial panel (undertaker) may submit the following cases to the judicial committee for discussion:

(1) Cases where the collegial panel has major differences of opinion and it is difficult to make a decision;

(two) cases that may have a significant social impact;

(3) New types of cases that are instructive to the trial work;

(four) other major, difficult and complicated cases that need to be submitted to the judicial committee for discussion.

Cases that the collegial panel (undertaker) does not propose to be submitted to the judicial committee for discussion may be submitted to the judicial committee for discussion if the president and vice president in charge think it necessary.

Cases that need to be submitted to the judicial committee for discussion shall be reported by the collegial panel (the undertaker) to the president and the competent vice president for decision. If the president, the vice-president in charge or the president considers it unnecessary to submit it to the judicial committee, he may request the collegial panel (undertaker) for reconsideration.

For cases that need to be submitted to the judicial committee for discussion and decision, the collegial panel (undertaker) shall put forward and indicate the application of law that needs to be discussed and decided by the judicial committee, and summarize different opinions and reasons.

Article 16 For cases that need to be submitted to the judicial committee for discussion and decision, members of the judicial committee shall review the materials submitted by the collegial panel (the undertaker) in advance, understand the different opinions and reasons of the collegial panel (the undertaker) on the application of the law, and read the audio and video recordings of the trial or consult the case files as needed.

When discussing a case, members of the judicial committee shall fully express their opinions, determine the voting order according to the ranking of judges from low to high, and finally the moderator shall vote. The judicial committee shall mark, record and video the whole process of deliberation, and make minutes of the meeting. All members participating in the discussion and voting shall sign the minutes of the meeting of the judicial committee. The decision of the judicial committee shall be executed by the collegial panel (undertaker).

Article 17 When a judicial committee discusses a case, the collegial panel (undertaker) shall be responsible for the facts reported by it, and the members of the judicial committee shall be responsible for their own opinions and votes.

If the case is discussed by the judicial committee and constitutes the investigation of illegal trial responsibility, the responsibility of the members shall be reasonably determined according to whether the members of the judicial committee deliberately misinterpret the law and express their opinions. If the judicial committee changes the opinions of the collegial panel, resulting in errors in judgment, the members who hold the majority opinions shall bear the responsibility, and the collegial panel (undertaker) shall not bear the responsibility. If the judicial committee maintains the opinions of the collegial panel (the undertaker) and leads to errors in judgment, the collegial panel (the undertaker) and the members with majority opinions shall bear the responsibility.

When the collegial panel (undertaker) reports the case, it deliberately conceals the main evidence or important information, or deliberately provides false information, which leads to the wrong decision of the judicial Committee. The members of the collegial panel (the undertaker) shall bear the responsibility, and the members of the judicial committee shall bear part of the responsibility or not according to the specific circumstances.

If the discussion of a case by the judicial committee violates the principle of democratic centralism, which leads to the wrong decision of the judicial committee, the host shall bear the main responsibility.

Article 18 The duties of members of a judicial committee are:

(1) Carefully review the trial report and case files before the meeting, make serious inquiries at the meeting of the IEC and express opinions objectively and truthfully.

(two) seriously study the fundamental and overall problems in the trial work, summarize them, put forward opinions and suggestions, and submit them to the judicial Committee in the form of bills.

(3) Members of the judicial committee and persons attending the meeting shall abide by the confidentiality provisions and shall not disclose matters discussed and decided by the judicial committee.

(four) to supervise the implementation of matters discussed and decided by the judicial committee.

Chapter IV Submission and Discussion

Nineteenth cases that need to be submitted to the judicial committee for discussion shall fill in the Report Form on Cases Discussed by the Judicial Committee, and the collegial panel (undertaker) shall report to the leaders in charge. For cases that need to be submitted to the judicial committee for discussion after examination and approval by the president, the collegial panel (undertaker) shall submit a trial report to the judicial management office five days before the court session.

Opinions and suggestions put forward by members of the judicial committee to guide the judicial work should be based on careful investigation and study, fully explain the reasons and put forward solutions.

Article 20 The court trial report shall be fluent in words, clear in logic, and conform to the requirements of the norms, and shall state in detail the focus of disputes between the parties, the findings of facts, the opinions of cross-examination, the opinions of the collegial panel (the undertaker) on handling the case and the legal basis, and other circumstances that need to be explained to the judicial committee. Do not meet the requirements of the test report or written materials shall not be discussed.

Article 21 The judicial committee shall discuss cases and motions in the order of hearing reports, asking questions, expressing opinions and voting.

Twenty-second ordinary procedure cases shall be reported by the presiding judge and supplemented by other members of the collegial panel. If the presiding judge is unable to report for some reason, other members of the collegial panel (except jurors) shall report. If there are major differences in the opinions of the collegial panel, the members of the collegial panel shall jointly report.

Twenty-third members of the judicial committee and observers have questions or are not clear, they can ask questions to reporters.

Article 24 Members of a judicial committee shall fully expound their personal opinions, express their personal opinions and express their opinions independently, and shall not be influenced by other members to avoid voting.

Twenty-fifth members of the judicial committee shall actively express their opinions and provide reference for the decision-making of the judicial committee, but shall not participate in the voting.

Article 26 If members of the judicial committee have different opinions, they shall make a conclusion according to the opinions of the majority, and the opinions of the minority may be retained, but they shall be recorded in the record.

Twenty-seventh the moderator finally summarizes the opinions of the members and makes a concluding speech to form the opinions of the audit Committee.

Twenty-eighth matters decided by the judicial committee shall be distributed to the relevant departments in the form of minutes of the judicial committee meeting, which shall serve as the guiding norms for the judicial work in our hospital.

Chapter V Supplementary Provisions

Article 29 The judicial committee shall be responsible for the interpretation of these Rules.

Thirtieth these rules shall come into force as of June 1 day, 2020. The rules of procedure of the judicial committee previously formulated by our court shall be abolished at the same time.