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Guiding Opinions of the Supreme People's Court concerning Implementing the 23 Measures for “Justice for the People”
[Effective]
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最高人民法院關于印發《關于落實23項司法為民具體措施的指導意見》的通知
[現行有效]
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【法寶引證碼】
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Guiding Opinions of the Supreme People's Court concerning Implementing the 23 Measures for “Justice for the People”
(December 2, 2003)
In the August of this year, the Supreme People's Court put forward 23 measures for “Justice for the People” at the symposium of chief justices of the Higher People's Courts all over the country. After the symposium, the people's courts at all levels of the country, in close combination with the reality, and with a view to solving problems of major focus and hotspots of the mass people, and solving problems found out in the judicial scrutiny, have formulated specific measures of their own courts for implementing the specific measures for “Justice for the People”, and trying hard to solve the actual problems for the mass people in a down-to-earth manner. The emphasis of “Justice for the People” is laid on “justice”, and the essence thereof is “for the people”. In order to further enrich and develop the thought of “Justice for the People” in judicial practices, accurately master the inner connections between “justice” and “for the people”, balance the relations between strict justice and civilized justice, and balance the relations between earnestly implementing the laws embodying the fundamental interests of the vast people and meeting the lawful requirements of the litigants, so as to ensure the overall effect of the 23 measures for “Justice for the People”, the Supreme People's Court hereby formulates the “Guiding Opinions concerning Implementing the 23 Measures for “Justice for the People”. Please carry them through in combination with the local reality. In case of any experiences summarized or problems encountered in the process of implementation, please inform the General Office of the Supreme People's Court in good time.
| | 最高人民法院關于印發《關于落實23項司法為民具體措施的指導意見》的通知
（法發[2003]20號 2003年12月2日）
各省、自治區、直轄市高級人民法院，解放軍軍事法院，新疆維吾兒自治區高級人民法院生產建設兵團分院：
今年８月，最高人民法院在全國高級法院院長座談會上提出了２３項司法為民具體措施後，全國各級人民法院緊密結合實際，針對人民群眾反映強烈的焦點、熱點問題，針對司法大檢查中查擺出來的問題，制定本院落實司法為民，紮紮實實為人民群眾辦實事的具體措施。司法為民重點在“司法”，本質在“為民”，為了在司法實踐中進一步豐富和發展司法為民的思想，正確把握司法與為民的內在聯系，處理好嚴格司法與文明司法的關系，處理好認真貫徹執行體現最廣大人民根本利益的法律與依法滿足訴訟當事人的合法要求的關系，確保２３項司法為民具體措施施行的整體效果，最高人民法院制訂了《關于落實２３項司法為民具體措施的指導意見》，請結合本地實際情況貫徹執行。在實施過程中有什麼經驗和問題，請及時報告最高人民法院辦公廳。
關于落實23項司法為民具體措施的指導意見
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I. Earnestly doing the work of receiving complaint letters, visits and appeals of the masses, and giving reply to the mass people concerning their appeal and complaint letters and visits within prescribed time limit
The people's courts at all levels shall improve steadily the understanding of the staff handling the complaint letters and visits of the significance of the work of receiving complaint letters and visits, and do well the work of handling the appeals and complaint letters and visits of the masses. Efforts shall be made to ensure that the visitors are interviewed and answered, the complaint letters are replied, conclusions are made to the appeals, so as to safeguard the litigation rights of the mass people according to law.
All the complaint letters and visits shall be recorded, and archives shall be established for them. The records and archives may also be brought into computers for management in case conditions are mature in a court for the convenience of registration, classification and consultation. For non-litigation complaint letters and visits, the people's courts shall, according to the sort of problems reflected and the departments for handling them, and pursuant to the principle of administration through specialized department, notify the parties to reflect to the relevant departments. The litigation letters and visits shall be handled according to the provisions of the Supreme People's Court in “Several Opinions on Regulation of Filing a Case for Retrial of the People's Courts（for Trial Implementation）", in light of the principle of level-to-level administration. Where a case meets the requirements for filing, it shall be filed for investigation and prosecution, and the person writing the letters or the visitor shall be notified to wait for the result of settlement. Where a case meets the requirements for filing, but lacks documents of appeal or legal documents, the people's court shall notify the person writing the letter or the visitor to supplement the documents required. Where a case does not meet the requirements for filing, the parties shall be notified that the case shall not be filed.
In case problems reflected in the complaint letters or by visitors need to be solved in time, the people's courts shall, within 3 days upon transferring the letters or receiving the visitors, give a reply to or notify the parties. For the ordinary complaint letters or visits, the people's courts shall, within 10 days upon transferring the letters or receiving the visitors, give a reply to or notify the parties. The people's courts at lower levels shall earnestly implement the reply of the people's courts at higher levels to the complaint letters and visits of the parties, no buckpassing or paltering shall be permitted.
| | 一、認真做好群眾來信來訪和申訴接訪工作，限時回複人民群眾申訴來信來訪
各級人民法院要不斷提高辦信接訪人員對信訪工作重要性的認識，做好群眾申訴來信來訪工作。做到來訪有人接談、來信有回音、申訴有結果，確保人民群眾依法行使訴訟權利。
來信、來訪全部登記、建檔，有條件的法院應將來信及來訪納入計算機管理，以便于登記、分類和查詢。對于非訴訟信件及來訪，根據所反映問題的類別及其主管機關，按照歸口管理的原則，告知當事人向有關部門反映。對于訴訟來信、來訪，根據最高人民法院《關于規範人民法院再審立案的若幹意見（試行）》的規定，按照分級負責管理的原則辦理。符合立案條件的，予以立案審查，並告知來信、來訪人等待處理結果；雖然符合立案條件，但缺少申訴材料或法律文書的，應告知來信、來訪人需補齊的材料；不符合立案條件的，告知當事人不予立案。
對于來信、來訪所反映的問題需要及時解決的，應在轉處信件或接訪的三日內，回複或告知當事人。對于一般來信、來訪，應在轉處信件或接訪的十日內，回複或告知當事人。下級人民法院應當認真處理上級人民法院關于當事人來信來訪的答複，不得推諉或敷衍了事。
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II. Digested report shall be made for the complaint letters, visits and appeals, so as to reflect and solve the problems of major focus and hotspots of the masses in time
The work of digested report is an important part of the work for handling appeals and complaint letters and visits. The working staff handling the complaint letters and visits in the people's courts of all levels shall report the major and emergent complaint letters and visits in time, so as to prevent the conflicts from becoming intensified and safeguard the lawful rights and interests of the masses.
The contents of the digested report shall include: problems reflected in the non-litigation complaint letters or visits concerning the violation of laws or relevant provisions by the relevant organizations or departments, which are grave or strongly complained about; problems reflected in the litigation letters or visits concerning the leaders of the courts and the justices' wrongful acts out of personal considerations or commitment of fraudulent acts or making judgment by perverting the law; and other representative problems of major focus and hotspots. The digested report shall specify the true name of the person writing the letter, the specific contents of the letter, and the accurate address thereof.
The text of digested report shall be sent to the leaders of the corresponding courts in time, and may be transferred to the relevant organizations or departments according to the circumstances after approval, or reported to the upper level courts level-by-level and be circulated to the relevant courts. The problems reflected in the digested report shall be investigated into and solved in time. The progress of handling the problems or cases shall be followed up in time. For problems or cases for which leaders have made written instructions or comments for investigation and report of the conclusions, they shall be reported to the leaders in time, and the conclusions may also be notified to the parties if necessary.
| | 二、對來信來訪和申訴進行摘報，及時反映和解決群眾關注的焦點熱點問題
摘報工作是申訴信訪工作的重要環節。各級人民法院信訪工作人員要及時反映重大、緊急來信來訪，防止矛盾激化，切實維護群眾合法權益。
摘報的內容包括：非訴訟來信、來訪涉及有關組織、部門違反法律或者有關規定，問題較嚴重或者反映較強烈的；訴訟來信、來訪涉及法院領導、法官徇私舞弊、枉法裁判的；其他有代表性的焦點和熱點問題。摘報應當有真實的來信人姓名、有具體的來信內容、有准確的來信地址。
摘報件要及時報送本院領導，根據情況，可批轉有關組織、部門或者層報上級法院並通報有關法院。要及時查處和解決摘報反映的問題。及時了解問題或案件處理的進展情況。對領導批示查報結果的問題或案件，要及時向領導彙報，必要時，可將結果回複當事人。
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III. Strengthening the hardware construction of the places for receiving complaint visits, and improving the conditions thereof
Strengthening the hardware construction of the places for receiving complaint visits is part of the overall construction of the people's courts, which serves the mass people directly, and is convenient for and beneficial to the people, as well as embodies the judicial civilization. The people's courts at all levels shall receive the complainants or visitors at the special places, and may even construct reception room for handling complaint letters and visits in case conditions are mature in a court. There the corresponding stationery and desks and chairs shall be provided for the use of the masses filing an appeal or visiting, and other auxiliary facilities shall also be provided with, including the toilets and drinking equipments, etc., which embody the humane solicitude of judicial activities. Constant safety inspection on the reception place shall be strengthened. If conditions permit, a court may also use such equipment as safety inspection, explosion prevention, and monitoring, etc., so as to safeguard the safety of the reception place and personnel, and ensure that the reception work may go on smoothly.
| | 三、加強接訪場所的硬件建設，改善接訪條件
加強接訪場所的硬件建設，是人民法院整體建設的組成部分，直接服務于人民群眾，便民、利民，體現司法文明。各級人民法院接待申訴來訪應當在專門的場所進行，有條件的法院可以建造信訪接待室。接待場所內應備有相應文具、桌椅供申訴來訪群眾使用，並應具備其他必須具備的附屬設施，如洗手間、飲水設備等，體現司法活動的人文關懷。接訪場所要經常加強安全檢查，有條件的法院可以使用安檢、防爆、監控等設備，保障接訪場所及人員安全，保證接訪工作順利進行。
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IV. Examining the petition for appeal and retrial according to law in time and filing the cases meeting the requirements in time
The people's courts at all levels shall examine the petition for appeal and retrial according to law in time and filing the case meeting the requirements, so as to safeguard the litigation rights of the parties, further regulate the working procedures for handling the appeal cases.
The cases of appeal and application for retrial by the parties shall include: the final judgment of the corresponding courts meeting the requirements for filing the case for retrial; cases which are overruled after rechecking by the lower level courts or to which the original sentences are changed after retrial, and which meet the requirements for being filed for retrial; and cases which the corresponding courts believed should be retried by them. For cases not to be filed for retrial according to law, the courts shall explain the reasons fully to the parties, and have the work for stopping litigation of the parties done properly.
The organs and procedures for handling the appeal and application for retrial of the parties shall include: organs for accepting appeals and applications for retrial of the parties subject to the departments of receiving complaint letters and visits of the courts for filing the cases. Where the parties submit the documents of appeal and of application for retrial directly, the staff meeting and talking with the parties shall transfer the documents to the registration departments for filing cases in time to file the cases after receiving the documents and examining their conformity with the preceding provisions. Where the parties mail the documents of appeal and of application for retrial, which are in conformity with the preceding provisions after being examined by the staff handling the letters, the staff shall, after keeping the documents, transfer them to the registration departments for filing cases to file the cases in time. In case the documents are not in conformity with the preceding provisions, the staff shall inform the parties by letter of reply according to the different circumstances. The registration departments for filing cases shall, after receiving the documents of appeal and application for retrial as transferred by the department of receiving complaint letters and visits, register and file them within prescribed time limit, and transfer them to the relevant trial courts or courts for putting the case on the file according to law, and decides on whether the cases shall be entered into retrial procedures, and then notify the appealers.
| | 四、依法及時審查申訴和再審請求，符合立案條件的及時立案
各級人民法院要依法及時審查申訴和再審請求，符合立案條件的及時立案，以保障當事人的訴訟權利，進一步規範辦理申訴案件的工作程序。
當事人申訴和申請再審案件的範圍：本院作出的終審裁判，符合再審立案條件的；下一級法院複查駁回或者再審改判，符合再審立案條件的；本院認為應由本院再審的。依法不予再審立案的，應充分說明理由，妥善做好當事人息訴工作。
辦理當事人申訴和申請再審的機構及程序：立案庭信訪部門為受理當事人申訴和申請再審的機構。當事人直接遞交申訴和申請再審材料，接談人員經審查符合前述規定，應在收取材料後及時轉立案登記部門予以立案。當事人郵寄申訴和申請再審材料，辦信人員經審查符合前述規定，應在留取材料後及時轉立案登記部門予以立案；經審查不符合前述規定的，應區分不同情況及時函複告知當事人。立案登記部門收到信訪部門轉來的申訴和申請再審材料，應當按照規定時間登記立案，及時轉交相關審判庭或立案庭依法審查，決定案件是否進入再審程序，並告知申訴人。
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V. The people's courts at all levels shall clean up the cases fail to be settled in time
The people's courts at all levels shall find out the reasons for cases unsettled, and attach high importance to cases unsettled seriously exceeding legally prescribed time limit for trial. The personnel handling cases shall be organized to nail down the time limit for ending a case, and various effective measures shall be taken to clean up the cases fail to be settled. In this process, the judges undertaking the handling of cases shall be examined and urged constantly to end the cases within the prescribed time limit, and complete the cleaning-up of the cases unsettled, so as to put an end to such phenomenon of “occurrence of new overdue cases in the process of cleaning up old ones”. The administrative systems of time limit for concluding a trial shall be further improved and perfected, no cases shall be handled in violation of laws or legal procedures.
| | 五、各級人民法院要及時清理未審結的案件
各級人民法院應當查明積案原因，對嚴重超審限的案件予以高度重視。要組織辦案人員，明確結案時間，采取各種有效措施清理積案。在清理積案的過程中，要經常檢查、督促案件承辦法官在規定的期限內結案，按時完成積案清理任務，杜絕邊清邊超等現象。進一步健全和完善審限管理制度，不能違法辦案，不能違反法定程序辦案。
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VI. Establishing and improving the mechanism of separating the complex civil cases from the simple ones so as to alleviate the litigation burden of the masses involved in the cases
The people's courts at all levels shall implement strictly the “Several Provisions on Application of Summary Procedures in the Trial of Civil Cases” of the Supreme People's Court, and try civil cases efficiently and quickly according to law so as to improve the efficiency of litigation. The simple civil cases shall be ruled quickly through application of simple procedures so as to alleviate the litigation burden of the masses involved in the litigation. The operational rules for summary procedure shall be regulated for the convenience of litigation of the parties. And the litigation rights of the parties shall be fully protected. The rights to choose the procedures of the parties shall be respected to fully embody the principle of litigation democracy and autonomy of the parties' will. And the judicial sources shall be reasonably allocated, and the judicial efficiency shall be improved completely so as to establish and improve a judicial circulating mechanism of justice and high efficiency.
| | 六、建立和完善民事案件繁簡分流機制，減輕涉訴群眾訟累
各級人民法院要嚴格執行最高人民法院《關于適用簡易程序審理民事案件的若幹規定》，依法高效、快捷地審理民事案件，提高訴訟效率。對簡單的民事案件適用簡易程序速裁，減輕涉訴群眾的訟累。要規範簡易程序的操作規程，方便當事人訴訟，充分保護當事人的訴訟權利。要尊重當事人的程序選擇權，充分體現訴訟民主和當事人意思自治的原則，合理配置司法資源，全面提高司法效率，建立和完善公正高效的審判運行機制。
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VII. Regulating the litigation mediation of the courts, and improving the efficiency and quality of litigation
The people's courts at all levels shall further improve and regulate the litigation mediation procedures, bring into full play the advantages of settling disputes through mediation, and earnestly safeguard the litigation rights of the parties. The courts shall create favorable environments for the mediation of the parties by providing a proper place. The principles for litigation mediation shall be at the parties' will, no compulsive mediation may be permitted, no mediation shall be held down by judgments, and no cases shall be put off by mediation. The mediation shall be made strictly in accordance with the procedures as prescribed by laws, and the contents of the mediation agreements shall be legal, without violating the prohibitive provisions of laws or administrative regulations, or impairing the interests of the state, public interests or legal rights and interests of other people. The mediation may be carried out in any process of the civil litigation, and the court may not reject the legitimate petition of the parties for mediation with the excuse of separation of mediation with the judgment. The people's courts may invite people's juries and other organizations or personnel with special knowledge or special social experiences, who may be helpful to the mediation to assist in the mediation work. Where the mediation agreements made by the parties exceed the scope of litigation petition, the people's courts may make the mediation statement according to the contents of the mediation agreements after examination, under the conditions that the agreements don't violate the prohibitive provisions of laws and administrative regulations, and don't impair the interests of the state, public interest or the legal rights and interests of other people.
| | 七、規範法院訴訟調解工作，提高訴訟效率與質量
各級人民法院要進一步健全和規範訴訟調解程序，充分發揮調解解決糾紛的優勢，切實保障當事人的訴訟權利。法院應當提供適當的場所為當事人調解創造良好環境。訴訟調解以當事人自願為原則，不得強制調解，不得以判壓調，也不得以調解拖延辦案。訴訟調解應當嚴格按照法律規定的程序進行，調解協議內容應當合法，不得違反法律、行政法規的禁止性規定，不得侵害國家、社會公共利益或者他人的合法權益。民事訴訟過程中，調解可以在任何一個階段進行，法院不得以調審分離拒絕當事人進行調解的正當請求。人民法院可以邀請人民陪審員以及其他具有專門知識或者特定社會經驗，有利于調解的組織或者人員協助調解工作。當事人達成的調解協議，超出當事人訴訟請求範圍的，只要不違反法律、行政法規的禁止性規定，不侵害國家、社會公共利益或者他人合法權益，人民法院審查後可以依據調解協議內容制作調解書。
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VIII. Pushing forward the convenience construction for the people by the people's courts, trying cases with respect to the rights and interests of the consumers and tourists by way of handling cases through circuit courts.
．．．．．． | | 八、推進人民法庭便民建設，通過巡回流動辦案等方式審理涉及消費者、旅游者權益等案件
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