(a) Establish a judicial system that is properly separated from administrative divisions.
To establish a judicial power operation system in Socialism with Chinese characteristics, we must proceed from the requirements of safeguarding the unity of the national legal system and embodying judicial justice, and explore the establishment of a judicial power system to ensure that the people's courts exercise judicial power independently and impartially according to law. By the end of 20 17, a scientific, reasonable, orderly and fair judicial system will be initially formed.
1. the Supreme People's Court Circuit Court was established. The Supreme People's Court has set up a circuit court to hear major civil and commercial cases and administrative cases across administrative divisions, so as to ensure the unified and correct implementation of national laws. Adjust the hierarchical jurisdiction system of major civil and commercial administrative cases across administrative divisions, and realize the orderly connection with the jurisdiction of the Supreme People's Court cases.
2. Explore the establishment of courts across administrative divisions. Based on the principle of being scientific, streamlined, efficient and conducive to the realization of judicial justice, we will explore the establishment of inter-administrative courts and build a litigation pattern in which administrative courts accept ordinary cases and inter-administrative courts accept special cases. The railway transport court will be transformed into a cross-administrative regional court, which mainly hears cross-administrative regional cases, major administrative cases, environmental resources protection, enterprise bankruptcy, food and drug safety and other cases susceptible to local factors, cases prosecuted by people's procuratorates across administrative divisions, and criminal and civil cases accepted by the original railway transport court.
3. Promote the establishment of intellectual property courts. According to the characteristics of intellectual property cases and the trial needs, establish and improve the special procedures, jurisdiction systems and trial rules that meet the trial rules of intellectual property cases.
4. Reform the jurisdiction system of administrative cases. By upgrading jurisdiction and designating jurisdiction, administrative cases susceptible to local factors will gradually be under the jurisdiction of people's courts at or above the intermediate level. Standardize the conditions and procedures for applying for retrial of administrative cases.
5. Reform the jurisdiction system of maritime cases. Further rationalize the maritime trial system. Scientifically determine the jurisdiction of maritime courts and establish a working mechanism that is more in line with the trial rules of maritime cases.
6. Reform the jurisdiction system of environmental resources cases. Promote the construction of environmental resources judicial institutions. Further improve the jurisdiction system of environmental resources cases.
7. Improve the jurisdiction system of public interest litigation. Explore the establishment of a case jurisdiction system that is linked to the public interest litigation initiated by the procuratorate.
8. Continue to promote the reform of the court management system. Incorporate forestry courts and agricultural reclamation courts into the national judicial management system, straighten out the case jurisdiction mechanism, and reform the system of departmental and enterprise management courts.
9. Reform the military judicial system and mechanism. Improve the military trial system under unified leadership, safeguard national defense interests, safeguard the legitimate rights and interests of military personnel, and crack down on illegal crimes according to law.
(B) the establishment of a trial-centered litigation system
To establish the operational mechanism of Socialism with Chinese characteristics's judicial power, we must respect the judicial rules, ensure that the trial plays a decisive role in safeguarding the right to appeal, ascertaining evidence, ascertaining facts and making fair judgments, and realize the cross-examination of litigation evidence, ascertaining case facts, and forming defense opinions and judgment reasons in court. By the end of 20 16, we will promote the establishment of a trial-centered litigation system, so that investigation, review and prosecution activities will always focus on trial procedures.
10. Fully implement the principle of evidence adjudication. Strengthen the sense of trial center, implement the principle of direct words, strictly implement the system of witnesses and experts appearing in court, and give play to the role of trial in restricting and guiding the investigation and prosecution procedures. Resolutely implement the principle of no doubt, strictly implement the exclusion rules of illegal evidence, and further clarify the scope and exclusion procedures of illegal evidence.
1 1. Strengthen the judicial guarantee mechanism of human rights. Highlight modern judicial civilization, and prohibit defendants or appellants in criminal detention from wearing identification clothes, vests, prison clothes and other clothes with the symbol of regulatory agencies to appear in court for trial. Strengthen the institutional guarantee of the parties and other participants in the litigation process, such as the right to know, the right to state, the right to defend oneself, the right to appeal and the right to appeal. We will improve the guarantee mechanism for lawyers' practice rights, strengthen the concept of equal litigation between prosecution and defense, prohibit discriminatory security checks on lawyers, and facilitate lawyers to perform their duties according to law. According to the law, lawyers are guaranteed to perform their duties as defense agents, and their litigation rights such as questioning, cross-examination and debate are implemented. We will improve judicial supervision over judicial measures and investigation methods that restrict personal freedom, strengthen the source prevention of extorting confessions by torture and illegal evidence collection, and improve the effective prevention and timely correction mechanism of unjust, false and wrong cases.
12. Improve the quick handling mechanism for minor criminal cases. Under the authorization and supervision of the legislature, we will promote the reform of the procedure of quick adjudication of criminal cases in an orderly manner.
13. Improve the lenient system of pleading guilty and admitting punishment in criminal proceedings. Clarify the litigation procedures, punishment standards and handling methods of cases in which defendants voluntarily plead guilty, voluntarily accept punishment and actively refund stolen money and goods, build a diversion mechanism for cases in which defendants plead guilty and cases in which they do not plead guilty, and optimize the allocation of judicial resources.
14. Improve the rules of proof in civil proceedings. Strengthen the main position of the parties in civil litigation proof and determine the burden of proof of the parties according to law. Clarify the conditions, scope and procedures for the people's court to investigate and collect evidence according to its functions and powers. Strictly implement the system of witnesses and expert witnesses appearing in court. Give play to the core role of cross-examination and authentication in determining the facts of a case. Strictly apply the standard of high probability principle, and further clarify the conditions and scope for judges to exercise discretion. All evidence must be cross-examined in court before it can be used as the basis of judgment. Important evidence disputed between the parties must be clearly stated in the judgment document.
15. establish a mechanism for recording and recording the whole trial. Strengthen the construction of science and technology courts and promote the simultaneous recording and video recording of the whole trial. Establish the management, use and storage system of court hearing audio and video. Standardize the scope and procedures of trial live broadcast through pictures, texts and videos.
16. standardize the judicial procedures for handling the property involved. Clarify the standards, scope and procedures for the people's courts to handle the property involved. Further standardize the judicial procedures for sealing up, detaining, freezing and handling the property involved in criminal, civil and administrative proceedings. Promote the establishment of an information platform for centralized management of property involved, and improve the information disclosure mechanism of property involved.
(3) Optimizing the internal power allocation of the people's courts.
To establish a trial power operation system in Socialism with Chinese characteristics, it is necessary to optimize the internal power allocation of the people's courts, improve the mutual restraint and connection mechanism of filing, trial, execution and trial supervision, give full play to the different functions of first instance, second instance and retrial, and ensure the independence of the trial level. By the end of 20 16, a court power allocation model with scientific orientation, clear functions and effective operation will be formed.
17. Reform the case acceptance system. We will change the filing review system to the filing registration system to ensure that the cases that the people's courts should accept according to law must be established and the lawsuits must be handled, so as to protect the parties' right to appeal. Increase the online publicity of filing information. Promote the improvement of the litigation fee system.
18. Improve the division of labor system. On the basis of strengthening the construction of specialized collegiate bench, the case distribution system is implemented with random chambers as the main part and designated chambers as the supplement. Establish an internal publicity system for divisional cases. The reasons for the change of the trial organization or the presiding judge shall be explained and publicized.
19. Improve the trial level system. Further reform the level jurisdiction system of civil and commercial cases, scientifically determine the jurisdiction scope of grassroots people's courts, and gradually change the practice of determining the level jurisdiction of cases mainly by the amount of complaints. Improve the system of upgrading jurisdiction, and clarify the conditions, scope and procedures for the lower court to transfer the jurisdiction of the first instance case to the higher court. Promoting the realization of the first trial focuses on solving facts and legal application, the second trial focuses on solving facts and legal disputes, realizing the final judgment of the second trial, and the retrial focuses on correcting mistakes according to law and safeguarding the authority of the referee.
20. Strengthen trial-level supervision. Strictly regulate the conditions and times of remand and instruction retrial by higher courts, and improve the public interpretation mechanism and case information feedback mechanism of remand and instruction retrial documents. When the people's court tries a case of second instance, arraignment, application for retrial or appeal, it shall point out the problems existing in the first instance or the original trial in the judgment document and clarify the reasons for the judgment. When handling an accepted appeal case, the people's court shall issue a legal termination document to the parties; In line with the requirements of publicity, it shall be published in China judgment document network.
2 1. Improve the case quality evaluation system. Establish a scientific and reasonable case quality evaluation system. Abolish evaluation indicators and standards that violate judicial laws, and abolish any form of ranking and sorting practices. Strengthen the filing of cases within the statutory time limit and the closing of cases within the normal trial time limit, establish a notification mechanism for long-term unresolved cases, and resolutely stop the wrong practice of artificially controlling the closing of cases. Relying on the three platforms of open trial process, open judgment documents and open execution information, the case quality evaluation system will play a role in serving, judging and guiding the people's courts' fair justice.
22. Deepen the reform of judicial statistics. Guided by the concept of "big data, big pattern, big service", we will reform the judicial statistics management system, create a standard system of judicial statistics with scientific classification and comprehensive information, gradually build an empirical analysis model that conforms to trial practice and judicial laws, and establish a national court judgment database and a national court judicial information big data center.
23. Improve the unified application mechanism of laws. Improve the way of trial guidance in the Supreme People's Court, and strengthen the standardization, timeliness, pertinence and effectiveness of judicial interpretation and other trial guidance methods. Reform and improve the mechanism for screening, evaluating and publishing guiding cases. Improve and perfect the working mechanism to ensure the uniform application of laws by the people's courts.
24. Deepen the reform of the implementation system. Promote the pilot system reform of separating judicial power from executive power. Establish a legal system of credit supervision, deterrence and punishment for faithless people. Strengthen the reform of judicial auction mode, focusing on the implementation of online judicial auction mode. Improve the execution system of property punishment and promote the execution of property punishment into a unified punishment execution system.
25. Promote the improvement of the judicial assistance system. Clarify the conditions, standards and scope of judicial assistance, standardize the procedures for accepting, examining and deciding judicial assistance, and strictly manage and use funds. Promote national legislation on judicial assistance and give full play to the positive role of judicial assistance in helping the masses and resolving contradictions.
26. Deepen interregional international cooperation in the judicial field. Promote the improvement of the judicial assistance system and expand the coverage of interregional and international judicial assistance. Promote the formulation of a criminal judicial assistance law.
(4) Improve the operation mechanism of judicial power.
To establish the operation system of judicial power in Socialism with Chinese characteristics, we must strictly follow the judicial rules, improve the operation mechanism of judicial power with judicial power as the core and judicial supervision and judicial management as the guarantee, implement the trial responsibility system, and let judges judge and be responsible. By the end of 20 15, we will improve the operation mechanism of trial power with clear supervision, unity and order and complete facilities.
27. Improve the handling mechanism of presiding judges and collegiate panels. Select judges with good political quality, strong case handling ability, high professional level and rich judicial experience as presiding judges. The sole trial is centered on the presiding judge and equipped with the necessary number of trial assistants. The collegial panel shall be presided over by the presiding judge. If all members of the collegial panel are presiding judges, in principle, the presiding judge who undertakes the case shall be the presiding judge. Improve the working mechanism of the court, and the president and members of the judicial Committee will participate in the collegial panel as presiding judges to hear cases. Reform and improve the working mechanism of collegiate bench, clarify the functional scope of collegiate bench as a trial organization, and improve the supervision mechanism for collegiate bench members to participate in and restrict cross-marking, trial and collegiate bench. Reform the issuing mechanism of judgment documents.
28. Improve the responsibility system for handling cases by presiding judges and collegiate panels. According to the principle of the unity of power, responsibility and benefit, the responsibilities and exemption conditions of the presiding judge, collegiate bench and their members are clarified, and the effective connection of evaluation mechanism, accountability mechanism, punishment mechanism, withdrawal mechanism and guarantee mechanism is realized. The presiding judge participates in the collegial panel as the presiding judge and enjoys equal rights with other members of the collegial panel, but he has the post responsibilities of presiding over trial activities, controlling the trial process, organizing the collegial panel and avoiding procedural defects. Scientifically defining the responsibilities of collegiate bench members should not only ensure that they express their opinions independently, but also clarify their personal opinions and responsibilities in the outcome of case handling.
29. Improve the trial management mechanism of courts and presidents. Clarify the trial management responsibilities of the court and the president commensurate with their positions. Standardize the trial procedure and the examination and approval system for the change of trial limit. Improve the internal supervision mechanisms such as the classification and filing of litigation files, online handling of cases, trial process control, and online work of judgment documents.
30. Improve the trial supervision mechanism of courts and presidents. Clarify the trial supervision responsibilities of the court and the president according to the division of duties, and improve the internal control supervision mechanism. Improve the mechanism of presiding judges' meeting and professional judges' meeting. Standardize the supervision mechanism of the hospital and the president on major, difficult and complicated cases, and establish a filing system for all documents and materials formed by the hospital and the president in the supervision activities. Relying on modern information technology, we will establish a mechanism of leaving traces, mutual supervision and mutual restraint that runs through the exercise of judicial power by the presiding judge and collegiate bench and the exercise of supervision by the court and the president, so as to ensure that supervision is not absent, supervision is not offside, supervision will leave traces, and dereliction of duty will be held accountable.
3 1. Improve the trial management system. Give full play to the guarantee, promotion and service role of trial management in improving trial quality and efficiency, standardizing judicial behavior, strict litigation procedures and unifying referee standards, strengthen the control of trial process nodes, and further improve the case quality evaluation.
32. Reform the working mechanism of the judicial committee. Reasonably position the functions of the judicial committee, and strengthen the macro-guidance function of the judicial committee to sum up trial experience and discuss and decide major issues in trial work. Establish a pre-trial mechanism for matters discussed by the judicial Committee and standardize the scope of cases discussed by the judicial Committee. The judicial committee mainly discusses the application of law to cases, except for cases prescribed by law and major and complicated cases involving national diplomacy, security and social stability. Improve the rules of procedure of the judicial committee, and establish a system of signing and confirming the meeting materials and minutes of the judicial committee. Establish a system of supervision, reply and publicity of matters resolved by the judicial Committee. Establish a performance appraisal and internal publicity mechanism for members of the judicial Committee.
33. Promote the reform of the people's jury system. We will implement the "multiplication plan" for people's jurors, broaden the channels and scope for selecting people's jurors, ensure the people's participation in the judiciary, and ensure that the proportion of grassroots people is not less than two-thirds of the newly added people's jurors. Further standardize the selection conditions of people's jurors, reform the selection methods, and improve the withdrawal mechanism. Clarify the authority of people's jurors to participate in the trial of cases and improve the random selection mechanism. Reform the way of jury, and gradually implement that people's jurors will no longer try the application of law, but only participate in the trial of facts. Strengthen the financial guarantee for people's jurors to perform their duties according to law. Establish a dynamic management mechanism for people's jurors.
34. Promote the reasoning reform of judgment documents. According to different trial levels and case types, the simplification and diversion of judgment documents can be realized. Strengthen the rationality of the first-instance cases with controversial parties, complicated legal relations and high social concern, as well as all the second-instance cases, retrial cases and judgment documents discussed and decided by the judicial Committee. For civil and commercial cases of first instance with clear facts and clear rights and obligations, as well as minor criminal cases of first instance with clear facts and sufficient evidence, simplified judgment documents are adopted, and the efficiency of judgment is improved by filling in elements and simplifying formats. Pay attention to the lawyer's opinions on defense agency. If the lawyer's opinions on defense agency put forward according to law are not adopted, the reasons shall be explained in the judgment document. We should improve the rigid restraint mechanism and incentive mechanism of judgment document reasoning, establish the evaluation system of judgment document reasoning, and regard the judgment document reasoning level as an important factor in the performance evaluation, promotion and selection of judges.
35. Improve the judicial integrity supervision mechanism. Improve and strengthen judicial inspection, audit inspection and integrity inspection. Establish a disciplinary case investigation mechanism with the discipline inspection commission at the higher level and the higher court as the mainstay and the lower court as the cooperation, so as to realize the orderly connection between the discipline inspection and supervision procedures and the judge's disciplinary procedures. Establish a record system and accountability system for court personnel to ask questions. Standardize the contact and communication behavior of court personnel with parties, lawyers, special stakeholders and intermediary organizations according to law.
36. Reform the petition system. Improve the working mechanism of separation of complaint and interview, and clarify the standard, scope and procedure of separation of complaint and interview. Improve the termination mechanism of letters and visits and standardize the order of letters and visits according to law. Establish a monitoring mechanism for territorial visits and innovate the handling mechanism for online letters and visits. Promote the establishment of a lawyer's agency system for appeal cases. Explore the establishment of a social third-party participation mechanism, and enhance the diversified resolution of the contradictions between letters and visits involved in litigation.
(five) to build an open, dynamic, transparent and convenient sunshine judicial mechanism.
To establish the judicial power operation system in Socialism with Chinese characteristics, we must rely on modern information technology, build an open, dynamic, transparent and convenient sunshine judicial mechanism, and enhance the public's understanding, trust and supervision of the judiciary. By the end of 20 15, three platforms, namely, open trial process, open judgment documents and open execution information, will be formed, and a comprehensive, systematic and scientific mechanism of justice for the people will be established.
37. Improve the public trial system. Establish a system of court hearing announcement, information publicity and appointment of the seats in attendance. For cases that should be tried in public according to law and are of social concern, the people's court shall give priority to the hearing commensurate with the number of applicants within the existing conditions. Conditional trial courts should set up media galleries to give priority to meeting the needs of the news media.
38. Improve the open platform of the trial process. Promote the construction of the national court government website. Establish a unified online litigation announcement processing platform and litigation announcement website for courts across the country. Continue to strengthen the website construction of China trial process information disclosure network, and improve the mechanism of timely summary and immediate update of trial information data. Accelerate the construction of electronic litigation files. Promote the realization of the national court trial process information in the same platform, so as to facilitate the parties to obtain the trial process node information online from the date of accepting the case.
39. Improve the public platform of judgment documents. Strengthen the website construction of China Judgment Document Network, improve its query and information aggregation functions, and facilitate the public to effectively obtain, consult and copy judgment documents. In strict accordance with the requirements of "publicity is the principle, with the exception of non-publicity", the effective judgment documents that should be disclosed by the people's courts at the fourth level according to law will be published on the China judgment documents online.
40. Improve the implementation information disclosure platform. Integrate all kinds of enforcement information, promote the realization of unified public enforcement information in the courts across the country on the same platform, and facilitate the parties to know the progress of enforcement work online. Strengthen the publication of information on the list of people who have lost their trust, give full play to their credit punishment role, and urge the people who have been executed to automatically perform the effective legal documents. Improve the construction of the information disclosure system of the executed person, facilitate the public to understand the implementation work, and take the initiative to accept social supervision.
4 1. Improve the public system of commutation, parole and temporary execution outside prison. Improve the applicable conditions and handling procedures for commutation, parole and temporary execution outside prison to ensure that relevant cases are handled openly and fairly. In conjunction with the penalty-executing organs and procuratorial organs, we will promote the construction of an online collaborative case-handling platform, and implement online entry, information sharing and full-process marking for important matters and key links such as law enforcement and case handling, reward and punishment assessment, so as to ensure that supervision is in place from the system and technology. Establish an information network for commutation, parole and temporary execution outside prison, and realize the unified publicity of filing, trial announcement and document announcement of three types of cases on the Internet.
42. Establish a judicial public supervision system. Strengthen public supervision over judicial openness, and improve the complaint mechanism and relief channels for violations of judicial openness. Give full play to the supervisory functions of the three platforms of judicial openness, so that the opinions and suggestions put forward by the public through the platforms can become an important reference for the trial management, trial supervision and improvement of the people's courts.
43. Improve the litigation service center system. Strengthen the standardized construction of litigation service centers, improve the litigation service hall, online litigation service platform and 12368 judicial service hotline. Establish working mechanisms such as online appointment filing, delivery, announcement and appeal. Promote video applications such as remote mediation and letters and visits, and further expand the breadth and depth of justice for the people.
44. Improve the people's court system. Optimize the regional layout and personnel ratio of the people's courts. Actively promote the central court as the main body, supplemented by community courts and circuit trial sites. According to the actual situation of the jurisdiction, improve the convenience filing mechanism of the people's court. Optimize the composition of the people's courts. We will promote personnel exchanges between people's courts and between people's courts and other trial chambers of grass-roots people's courts in an orderly manner.
45. Promote the reform of the distribution system. Promote the establishment of a binding mechanism for the parties to confirm the delivery address and bear the corresponding legal consequences, explore and promote electronic delivery methods under the conditions of informationization, and improve delivery efficiency.
46. Improve the diversified dispute resolution mechanism. We will continue to promote the organic connection and coordination between mediation, arbitration, administrative adjudication, administrative reconsideration and other dispute resolution mechanisms and litigation, and guide the parties to choose appropriate dispute resolution methods. Promote the construction of industrial and professional dispute resolution institutions in the fields of land acquisition and demolition, environmental protection, labor security, medical and health care, traffic accidents, property management and insurance disputes, and promote the improvement of the arbitration system and administrative adjudication system. Establish a linkage system of people's mediation, administrative mediation, industry mediation, commercial mediation and judicial mediation. Promote the legislative process of diversified dispute resolution mechanism and build a systematic and scientific diversified dispute resolution system.
47. Promote the implementation of the legal responsibility system. Strengthen the court's awareness of law popularization, give full play to the functions of court trial propaganda, document reasoning, case release, etc., and promote the high degree of unity between the people's courts' exercise of trial functions and the performance of law popularization duties.
(6) Promoting the regularization, specialization and professionalization of court personnel.
To establish a judicial power operation system in Socialism with Chinese characteristics, we must persist in taking trial as the center and judges as the center of gravity, comprehensively promote the regularization, specialization and professionalization of court personnel, and strive to improve the professional quality and level of court personnel. By the end of 20 17, a court personnel management system with scientific classification, clear division of labor, reasonable structure and consistent with the characteristics of the judicial profession will be initially established.
48. Promote the reform of the court personnel classification management system. Establish a separate job sequence for judges that conforms to professional characteristics. Improve the management system of assistant judges, clerks, executors and other trial assistants. Scientifically determine the proportion of judges and trial assistants, establish a normal supplementary mechanism for trial assistants, and effectively reduce the workload of judges. Broaden the sources of trial assistants, explore ways to purchase socialized services, and optimize the structure of trial assistants. Explore and promote the reform of the judicial police management system. Improve the management system of judicial administrative personnel.
49. Establish a system of judge posts. According to the basic data such as economic and social development, population (including temporary population), number of cases and types of cases in the jurisdiction of our hospital, combined with the factors such as the trial-level function of our hospital, the workload of judges, the allocation of trial assistants and the guarantee conditions for handling cases, the number of judges in the fourth-level court is scientifically determined. According to the changes in the number of cases and personnel structure, improve the dynamic adjustment mechanism of judges' posts. Scientifically set up a transitional plan for the reform of the post system of judges, and comprehensively consider factors such as trial performance, professional ability, theoretical level and legal work experience to ensure that excellent judges stay in the front line of trials.
50. Reform the system of selecting and appointing judges. According to different levels of courts, different qualifications for judges are set. At the national and provincial levels, judges' selection committees with the participation of judges' representatives and relevant social personnel are set up respectively, and an open, fair and just selection procedure is formulated to ensure that outstanding legal talents with good conduct, rich experience and high professional level become candidates for judges, so as to realize the effective connection between the judge selection mechanism and the statutory appointment and removal mechanism. We will improve the mechanism that first-time judges are uniformly recruited by the higher people's courts and all serve in the grassroots people's courts. Cooperate with the reform of the unified pre-job training system for legal professionals and improve the training system for reserve judges. Appropriately raise the appointment age of new judges. Establish a working mechanism in which judges of higher courts are elected from lower courts in principle. Improve the system of selecting outstanding lawyers, legal scholars and professional legal talents from legislative, procuratorial and law enforcement departments as judges. Improve the two-way communication mechanism between the court and law schools and legal research institutions, and implement the mutual employment plan between universities and courts.
5 1. Improve the performance evaluation system for judges. Establish a scientific, reasonable, objective, fair and regular evaluation mechanism for judges to perform their duties, improve the evaluation criteria, and take the evaluation results as an important basis for judges' rank promotion and merit-based recruitment. Establish an exit mechanism for incompetent judges and improve relevant supporting measures.
52. Improve the on-the-job training mechanism for judges. Strictly guided by the actual demand, adhere to the classification, grading and off-the-job training, and strive to improve the judge's trial control ability, legal application ability and judgment document writing ability. Improve the plan generation, organization training, tracking management and quality evaluation mechanism of judge education and training, and improve the teaching teacher library, case library and excellent courseware library. Strengthen the construction of judge training institutions and on-site teaching bases. Establish China judge education and training network, rely on information technology, vigorously promote online teaching, and realize free online appreciation of excellent teaching courseware for court personnel. Vigorously strengthen the training of judges of grassroots people's courts and bilingual judges of ethnic minorities.
53. Improve the remuneration system for judges. Implement the provisions of the Judges Law and study the establishment of a salary system that matches the judge's separate job sequence.
(seven) to ensure that the people's courts exercise judicial power independently and impartially according to law.
To establish a judicial power operation system in Socialism with Chinese characteristics, we must uphold the leadership of the Party, promote and improve various systems to ensure the people's courts to exercise judicial power independently and impartially according to law, optimize the judicial environment, establish judicial authority, strengthen professional security and improve judicial credibility. By the end of 20 18, we will promote the formation of an institutional environment and social atmosphere of trust, respect and support for the judiciary.
54. Promote the reform of unified personnel management in courts below the provincial level. Cooperate with relevant central departments to promote the establishment of a unified management system for the staffing of local courts below the provincial level. Promote the establishment of a mechanism in which judges of local courts below the provincial level are nominated and managed by the provincial level and appointed and removed according to legal procedures.
55. Establish a working mechanism to prevent interference in judicial activities. Cooperate with relevant departments of the central government to promote the establishment of a record, notification and accountability system for leading cadres to intervene in trial execution activities and intervene in the handling of specific cases. In accordance with the requirements of leaving no trace in the whole process of the case, the recording obligations and responsibilities of the judicial institutions are clarified, and information such as instructions, letters and records of leading cadres intervening in judicial activities and intervening in specific cases are extracted according to law, stored in the media, entered into a special database, and filed for future reference. Relevant information shall be stored in the file for the parties and their agents to inquire.
56. Improve the guarantee mechanism for judges to perform their statutory duties. Reasonably determine the job responsibilities, work processes and work standards of judges and trial assistants. Clarify the screening criteria and exemption reasons for different subjects and different types of faults, and ensure that judges are not held accountable for performing their duties according to law. A judge may not be transferred, dismissed, dismissed, demoted or otherwise punished except for legal reasons and legal procedures. We will improve the system of judges' complaints and accusations, establish a relief mechanism for violations of the legitimate rights and interests of judges in performing their duties according to law, and improve the mechanism for clarifying false reports. At the national and provincial levels, judges' disciplinary committees, which are attended by judges' representatives and relevant social personnel, are set up respectively, and open and fair disciplinary procedures for judges are formulated, which not only ensures that judges' violations of discipline and law are punished in time, but also guarantees their rights of defense, proof, application for reconsideration and appeal.
57. Improve the judicial authority guarantee mechanism. Promote the improvement of the procuratorial mechanism for refusing to execute judgments, rulings, contempt for court authority and other criminal acts. Promote the revision of relevant laws, and punish acts such as destroying evidence materials, trial records, legal documents and court facilities in court, as well as illegal and criminal acts such as threatening, insulting, stalking and harassing court staff or their close relatives outside the court.
58. Strengthen the litigation integrity guarantee mechanism. Establish litigation integrity record and disciplinary system. Punish false litigation, malicious litigation and unreasonable entanglement according to law, and incorporate the information of the above three behaviors into the social credit information system. Explore the establishment of false litigation, malicious litigation victims damage compensation system.
59. Optimize the external environment of administrative trial. Improve the system of responding to lawsuits by the person in charge of administrative organs according to law, and guide and standardize the participation of administrative organs in litigation activities. Standardize the production and delivery of judicial suggestions and promote the improvement of the level of administration according to law.
60. Improve the oath system for judges. Improve the oath system for judges. Judges elected or appointed by the people's congresses at all levels and their standing committees shall publicly swear to the Constitution when they formally take office.
6 1. Improve the judicial honor system. Clarify the standards, conditions and procedures for awarding different types of honors to judges and trial assistants, and enhance the sense of honor and belonging of court personnel to the judicial profession.
62. Straighten out the management relationship of judicial administrative affairs of the court. Scientifically set up the judicial administrative affairs management institutions of the people's courts, standardize the unified management responsibilities, and explore the relative separation of judicial administrative affairs management and judicial power. Improve the management mechanism of judicial administrative affairs of the lower and higher courts, and clarify the supervision function of the judicial administrative affairs management department of the higher court to the judicial administrative affairs of the lower court.
63. Promote the reform of the property management system of the people's courts. Cooperate with the relevant departments of the central government to promote the reform of the unified management mechanism of local court funds below the provincial level. We will improve the budget guarantee system, treasury receipt and payment system and financial management system of the people's courts, and promote the construction of a long-term mechanism for the people's courts' fund management guarantee. Strict "two lines of revenue and expenditure" management, legal fees, fines, confiscated property and recovered stolen money collected by local people's courts at all levels are uniformly turned over to the provincial treasury. Strengthen the construction of "two houses" and other places. Establish the equipment standard system of the people's court.
64. Promote the reform of the internal organs of the people's courts. In accordance with the requirements of scientific, streamlined and efficient work, we will promote flat management and gradually establish a mode of setting up internal organs of the court focusing on serving the trial work.
65. Promote the informatization construction of people's courts. Accelerate the construction of "balance project", focus on integrating existing resources, promote all kinds of information applications, and serve the court work and public needs. The coverage rate of main business information in the Supreme People's Court and the Higher People's Court reached 100%, while that in the Intermediate People's Court and the Basic People's Court reached over 95% and 85% respectively.