Pursuing drama and popularizing law

202 1 Annual Summary of "Plot"

Recently, the TV series The Bottom Line, produced by the Supreme People's Court and starring Jin Dong, Cheng Yi and Cai Wenjing, is being broadcasted. The drama focuses on the grass-roots courts, covering the assistant judges of the Supreme Court, the judges of the criminal court of the intermediate people's court, the judges of the filing court of the grass-roots courts, lawyers and other figures. Through the trial of one case, it vividly shows the latest achievements in the field of judicial reform in China and the image of judges practicing their initial mission in the new era.

Next, please follow me after the drama and see the legal knowledge points in the drama ~

field test

"This is a live trial. What the United States did not do, China did it. " A sentence that made the judge very angry.

Development of trial live broadcast

201165438+1October 2 1, the first state-level court official Weibo @ the Supreme People's Court opened. In the same year, the live trial in Weibo became a hot topic, and the judicial openness in China entered a "micro" era.

With the further development of science and technology, from 2065438 to September 27th, 2006, the Supreme People's Court opened the China trial open network to promote the deployment of trial open work. Zhou Qiang, Party Secretary and Dean of the Supreme People's Court, said that this method is not only conducive to ensuring the orderly, safe and stable conduct of public trials, but also provides an authoritative, convenient and reliable trial video viewing platform for the people.

The website shows, in the form of a map, whether the fourth-level courts in China are connected to the trial live broadcast network and whether there are cases being broadcast live. The "Live Today" column will push the hot live cases of the day, so users can not only watch and listen to the live trial, but also share them with Weibo and WeChat.

According to statistics, the cumulative live broadcast of "China Court Trial Open Network" has reached more than 20.27 million times, and the cumulative number of people watching these live broadcasts has exceeded 52.2 billion times-either live broadcast cases, legal education or case comments. In China, everyone watched an average of 40 trials.

jurisdiction

In the play, Judge Song Yufei is a judge of the Criminal Court of Rongcheng Intermediate People's Court, and the judge is far the president of the filing court of Rongcheng Xingcheng District People's Court. The two cases at the beginning of this drama, namely, the sudden death of the anchor and the crime of intentional injury by Lei Xingyu, were tried in two courts respectively, involving jurisdiction issues. The judicial system in China is based on the second instance and the final instance. The courts are divided into four levels, namely, the basic people's court, the intermediate people's court, the higher people's court and the the Supreme People's Court.

Legal link

Article 20 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that the basic people's courts shall have jurisdiction over ordinary criminal cases of first instance, except those that are under the jurisdiction of the people's courts at higher levels according to this Law. Article 21 stipulates that the Intermediate People's Court shall have jurisdiction over the following criminal cases of first instance: (1) Cases endangering national security and terrorist activities; (2) Cases that may be sentenced to life imprisonment or death penalty. Article 234 of the Criminal Law of People's Republic of China (PRC) stipulates: "Whoever intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail. "

Article 18 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that the grass-roots people's courts shall have jurisdiction over civil cases of first instance, except as otherwise provided in this Law. Article 19 stipulates that the Intermediate People's Court shall have jurisdiction over the following civil cases of first instance: (1) Major foreign-related cases; (two) cases that have a significant impact in the region; (3) Cases determined by the Supreme People's Court to be under the jurisdiction of the Intermediate People's Court. Article 20 The Higher People's Court shall have jurisdiction over civil cases of first instance with great influence within its jurisdiction.

Post judge

When Fiona Fang introduced his apprentice Zhou Yi 'an to Ye Xin from the Supreme Court, he said, "This is my legal aid." Many viewers will definitely ask, what is legal aid? Don't judges all wear uniforms?

After the reform of the judicial system, the court personnel are classified into three categories: judges, judicial assistants and judicial administrators. Among them, judges refer to judicial personnel who exercise state judicial power according to law, including the president, vice president, members of the judicial Committee, president, vice president and judges; Judicial assistants refer to the staff who assist judges to perform their judicial duties, including judges' assistants, clerks, judicial technicians, judicial police, and enforcement personnel. Judicial administrative personnel refer to those engaged in administrative work, including those engaged in political work, party affairs and administrative affairs.

Judge post system

The judge post system is mainly based on the basic data such as the economic and social development, population, number of cases and types of cases in the jurisdiction of the court, combined with the factors such as the trial-level function of the court, the workload of judges, the allocation of auxiliary personnel, and the guarantee conditions for handling cases. Therefore, after the reform of the judge post system, the concept of "post judge" appeared.

To become a "post judge", one must have profound legal professional knowledge and mature legal professional skills in addition to the basic conditions such as China nationality and good health. Only through unified examination and assessment can we become a "post judge" with corresponding qualifications and abilities.

full court

Judges Shen Wei and Song Yufei of the collegiate bench had many heated debates on whether the defendant applied justifiable defense when commenting on the case of humiliating his mother and killing him. Have they subverted the perception that "the judge has the final say"?

What is a collegiate bench?

The people's court shall hear cases by a collegial panel or a judge alone. The collegial panel is the basic judicial organization of the people's court. All members of the collegial panel participate in the trial, appraisal and adjudication of cases on an equal footing and perform their judicial duties according to law.

The collegial panel consists of judges, or judges and people's jurors, with an odd number of three or more. In practice, most cases are collegiate panels composed of three judges or judges and jurors. In some difficult and complicated cases or cases with great social influence, a collegial panel of five or seven people will be formed.

Composition of collegiate bench

The collegial panel consists of judges, or judges and people's jurors, with an odd number of three or more. In practice, most cases are collegiate panels composed of three judges or judges and jurors. In some difficult and complicated cases or cases with great social influence, a collegial panel of five or seven people will be formed.

The presiding judge of the collegial panel shall be a judge, and the presiding judge shall be the presiding judge himself when the presiding judge or presiding judge participates in the trial of a case.

How does the collegial panel work?

All members of the collegial panel shall participate in the case review. When deliberating a case, the collegial panel shall fully express its opinions on the admissibility of evidence, the determination of facts, the application of laws, the judgment results and the litigation procedures. When necessary, members of the collegial panel may also submit written opinions.

Members of the collegial panel shall be serious and responsible in the deliberation, fully state their opinions and independently exercise their voting rights, and shall not refuse to state their opinions or simply express their agreement or disagreement. If you agree with others, you should also put forward factual basis and legal basis for analysis and demonstration. Members of the collegial panel shall vote on the appraisal results by oral vote. When the collegial panel deliberates a case, the presiding judge and other members of the collegial panel have equal rights, and the decision shall be made according to the opinions of the majority, and the opinions of the minority shall be recorded in the record. The record of the deliberation case shall be signed by all members of the collegial panel.

The bickering of collegiate bench not only happens in TV series, but in reality, whether it is civil, criminal or administrative cases, judges often turn red because of different opinions.