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Notice of the Supreme People's Court on Issuing Some Opinions of the Supreme People's Court about Providing Judicial Protection for the Construction of Socialist Harmonious Society
[Effective]
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程蔼チ猭皘祇程蔼チ猭皘闽篶穦竡㎝坑穦矗ㄑ猭玂毁璝稦種ǎ硄
[瞷︽Τ]
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猭腳ま靡絏
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Notice of the Supreme People's Court on Issuing Some Opinions of the Supreme People's Court about Providing Judicial Protection for the Construction of Socialist Harmonious Society
(No. 2 [2007] of the Supreme People's Court)
The local people's courts at all levels, the military courts at all levels, the railway intermediate courts and grass-roots courts, the maritime courts all over the country, and the courts at all levels in Sinkiang Production and Construction Corps.,
During the process of comprehensively building a well-off society and constructing a socialist harmonious society, the people's courts assume a significant historical mission. In order to better implement the strategic deployment of the CPC Central Committee, fully bring the functions of people's courts into play and provide powerful judicial protection for the construction of socialist harmonious society, the Supreme People's Court has formulated Some Opinions of the Supreme People's Court about Providing Judicial Protection for the Construction of Socialist Harmonious Society, which are hereby printed and distributed to you, please seriously implement them in the trial work by considering the actuality.
January 15, 2007
Some Opinions of the Supreme People's Court about Providing Judicial Protection for the Construction of Socialist Harmonious Society
The Sixth Plenary Session of the 16th CPC Central Committee has made the Decision on Some Important Issues about Constructing a Socialist Harmonious Society, which is a significant strategic deployment of the CPC Central Committee, with Comrade Hu Jintao as the general secretary, for comprehensively building a well-off society and accelerating the promotion of socialist modernization cause. In order to better implement the Decision, fully bring the functions of people's courts into play and provide powerful judicial protection for the construction of a socialist harmonious society, the following opinions are hereby put forward:
| | 程蔼チ猭皘祇程蔼チ猭皘闽篶穦竡㎝坑穦矗ㄑ猭玂毁璝稦種ǎ硄
猭祇20072腹
瓣よチ猭皘瓁ㄆ猭皘臟隔笲块い猭皘㎝膀糷猭皘ㄆ猭皘穝忙ネ玻砞刮猭皘
砞眃穦篶穦竡㎝坑穦秈祘いチ猭皘璽帝句ㄏ㏑砮过囊いァ驹菠场竝だ祇揣チ猭皘戮ノ篶穦竡㎝坑穦矗ㄑΤ猭玂毁程蔼チ猭皘﹚程蔼チ猭皘闽篶穦竡㎝坑穦矗ㄑ猭玂毁璝稦種ǎ瞷祇倒叫糵い挡龟悔粄痷砮过磅︽
〕〕るきら
程蔼チ猭皘闽篶穦竡㎝坑穦矗ㄑ猭玂毁璝稦種ǎ
囊せせい穦闽篶穦竡㎝坑穦璝稦拜肈∕﹚硂琌璊繟儡в羆癘囊いァ砞眃穦е崩秈穦竡瞷てㄆ穨驹菠场竝砮过辅龟∕﹚だ祇揣チ猭皘戮ノ篶穦竡㎝坑穦矗ㄑΤ猭玂毁疭矗種ǎ
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I. The Provision of Judicial Protection for the Construction of Socialist Harmonious Society Is a Significant Historical Mission of the People's Courts.
| | 篶穦竡㎝坑穦矗ㄑ猭玂毁琌チ猭皘句ㄏ㏑
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1. The socialist harmonious society is a society of democracy, rule by law, fairness, equity, good faith, friendship, vigor, stability, orderliness and harmonious existence between human and the nature. These basic features of a harmonious society have closely related with the work of the people's courts. The fundamental duties of the people's courts are to solve social conflicts, maintain social stability, guarantee economic development, promote social harmony, and realize fairness and equity. The people's courts are not only a building force of harmonious society but also a protection force of harmonious society, and shoulder a significant historical mission during the course of constructing a socialist harmonious society.
| | 1穦竡㎝坑穦琌チ猭獀そキタ竡港獺ね稲骸﹚Τ籔礛㎝坑矪穦㎝坑穦硂ㄇ膀セ疭┖籔チ猭皘盞ち闽チ猭皘セ戮砫碞琌て秆穦ベ蝴臔穦铆﹚玂毁竒蕾祇甶玃秈穦㎝坑龟瞷そキタ竡チ猭皘琂琌㎝坑穦砞秖琌㎝坑穦玂毁秖篶穦竡㎝坑穦秈祘い璽帝句ㄏ㏑
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2. The strategic deployment for constructing a socialist harmonious society has put forward higher and newer requirements, added more and harder tasks and given larger and heavier duties to the people's courts. Along with deep social changes, a lot of acute and complicated social conflicts are turning into crimes, civil disputes and administrative disputes and are entering into the judicial field, and a number of deep conflicts and problems touched during the reform process need to be solved by judicial procedures. The process for the people's courts to provide judicial protection for harmonious society is a continuous process of exercising functions, resolving conflicts and promoting the harmony. In order to fulfill the important tasks to be assumed, the people's courts shall change ideas and viewpoints, enhance work criteria, focus on and be dedicated to social harmony, and take the provision of judicial protection to harmonious society as a long-term historical mission and an important issue.
| | 2篶穦竡㎝坑穦驹菠场竝倒チ猭皘矗蔼穝璶―糤螟ヴ叭结ぉ砫ヴパ穦瞏ㄨ跑て秖綰狡馒穦ベ璴ネㄆデ竜チㄆ㎝︽現某秈猭烩办秖э筁祘い牟の瞏糷Ωベ㎝拜肈惠璶硄筁猭祘ㄓ秆∕チ猭皘㎝坑穦矗ㄑ猭玂毁筁祘碞琌ぃ耞祇揣戮ノて秆ベ玃秈㎝坑筁祘チ猭皘璶ЧΘ┮璽ヴ碞ゲ斗锣跑稱芠├矗蔼夹帝泊穦㎝坑璓穦㎝坑р㎝坑穦矗ㄑ猭玂毁チ猭皘戳句ヴ叭㎝羬瞷龟揭肈ъ候ъ
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II. Guidelines, Targets, Missions and Basic Principles
| | 旧稱ヘ夹ヴ叭㎝膀セ玥
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3. For providing judicial protection for the construction of socialist harmonious society, it is imperative to adhere to Deng Xiaoping Theory and the important thoughts of ¨Three Represents〃, fulfill the scientific viewpoint of development in an all-around way, follow the guidelines of ¨equity justice and serving the people wholeheartedly〃 and the themes of ¨fairness and efficiency〃, take the resolution of social conflicts as the point of cut-in, the guarantee of social stability as the point of strength, the maintenance of the people's interests as the point of departure, and the protection of judicial justice as the base point, strengthen judicial protection, and endeavor to provide a stable and orderly social environment and an equity, efficient and authoritative environment of rule by law for the socialist harmonious society through sufficiently and effectively exerting functions, adding as many harmonious factors as possible and reducing as many disharmonious factors as possible.
| | 3篶穦竡㎝坑穦矗ㄑ猭玂毁ゲ斗绊綡キ瞶阶㎝¨〃璶稱旧辅龟厩祇甶芠绊¨そタ猭みチ〃旧よ皐㎝¨そタ籔瞯〃肈て秆穦ベち翴絋玂穦铆﹚帝翴蝴臔竤渤痲祇翴蝴臔猭そタミì翴眏猭玂毁硄筁ㄌ猭だΤ祇揣戮ノ程糤㎝坑程搭ぶぃ㎝坑穦竡㎝坑穦矗ㄑ﹚Τ穦吏挂㎝そタ蔼舦猭獀吏挂
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4. Main targets and tasks for providing judicial protection for the construction of socialist harmonious society are: up to 2020, the socialist trial system and working mechanism will be more perfect, the judicial activities will be more impartial, efficient and authoritative; the judicial functions of maintaining fairness and equity and promoting harmonious social and economic development will be more healthy; the judicial means for resolving social conflicts will be more diverse, and the judicial methods will be more convenient; the judicial protection of human rights will be more sufficient, the litigation rights of the people will be practically respected and safeguarded; the openness and transparency of justice will be evidently enhanced, and the construction of judicial democracy will be fundamentally completed; the quality of judges will be remarkably enhanced, and the professionalism of judges will be fundamentally realized; and the protection ability and level will be remarkably strengthened, and the judicial requirements of the harmonious society will be further met.
| | 4篶穦竡㎝坑穦矗ㄑ猭玂毁璶ヘ夹㎝ヴ叭琌〕〕穦竡糵㎝诀Ч到猭笆そタ蔼舦蝴臔そキタ竡㎝玃秈穦竒蕾秸祇甶猭胺て秆穦ベ猭も琿妓猭よΑ獽倍猭癸舦玂臔だチ竤渤禗砠舦眔ち龟碙㎝玂毁猭そ秨┦㎝硓陪糤眏猭チ砞膀セ猭﹛钉ヮ借陪帝矗蔼猭﹛戮穨て膀セ龟瞷玂毁㎝キ陪帝糤眏㎝坑穦猭惠―眔秈˙骸ì
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5. For providing judicial protection for the construction of a socialist harmonious society, the following principles shall be observed: firstly, adhering to equity justice, and always regarding the equity justice as the soul and life of all the work of the people's courts as well as a basic task of the provision of judicial protection, adhering to trial independence and neutrality, adhering to equal protection, and doing the best to maintain and realize social fairness and justice through fair, efficient and authoritative enforcement of laws; secondly, adhering to serving the people wholeheartedly, and always taking the protection of basic interests of the vast people as the starting point and standing point of all the work of the people's courts as well as the basic contents for the provision of judicial protection, and properly handling the issues involving the most cared, the most direct and the most realistic interests of the people; thirdly, adhering to serving the overall situation, and always taking the protection of stable overall situation of reform and development as the central task of all the work of the people's courts as well as the basic way for providing the protection, bringing the functions into full play, and creating a good environment of rule by law; and fourthly, adhering to the CPC's leadership, and always taking the CPC's leadership as the political requirement of all the work of the people's courts as well as the basic guarantee for providing the protection, voluntarily accepting the supervision of the people's congress and its standing committee, and retaining the courts' political quality of being dedicated to the CPC, the country, the people and the law for ever.
| | 5篶穦竡㎝坑穦矗ㄑ猭玂毁ゲ斗绊玥琌绊そタ猭﹍沧рそタ猭チ猭皘ち艶活㎝ネ㏑矗ㄑ玂毁セヴ叭绊糵縒ミ㎝いミ绊キ单玂臔硄筁ㄌ猭そタ蔼舦猭程蝴臔㎝龟瞷穦そキタ竡琌绊みチ﹍沧р蝴臔程約チセ痲チ猭皘ち祇翴㎝辅竲翴矗ㄑ玂毁セず甧酚猭チ璶―Т到矪瞶疉のチ竤渤程闽み程钡程瞷龟痲拜肈琌绊狝叭Ы﹍沧р蝴臔э祇甶铆﹚Ыチ猭皘ちいみヴ叭矗ㄑ玂毁セ硚畖だ祇揣戮ノ承硑▆猭獀吏挂琌绊囊烩旧﹍沧р囊烩旧チ猭皘ち現獀璶―矗ㄑ玂毁セ玂靡谋钡のㄤ盽〆穦菏服玂猭皘钉ヮッ环┚囊┚瓣產┚チ┚猭現獀セ︹
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III. Resolving Social Conflicts and Promoting Social Harmony
| | て秆穦ベ玃秈穦㎝坑
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6. Correctly handling the cases involving marriage and family and the cases involving the disputes between neighbors, and promoting the harmony of marriage, family and neighborhood. When handling the cases involving the disputes over marriage or family, the people's courts shall advocate such traditional merits as marriage freedom, equality between men and women, respecting the elderly and taking good care of the young, and mutual support, and impose punishments in the case of such illegal acts as family violence, abandoning or mistreating of the elderly or the children and the failure to fulfill the obligation of support or bring-up. When handling the dispute over neighborhood, the people's courts shall advocate morals and customs such as mutual respect, mutual support, cherishing the environment and civilized behaviors, and lawfully punish the illegal acts of destroying the environment or damaging public property, etc.
| | 6タ絋矪瞶盉產畑ン㎝跋綟ン玃秈盉產畑㎝跋綟闽╰㎝坑矪瞶盉產畑ン旧盉パ╧キ单碙ρ稲ギがн肚参紈ㄌ猭掉產畑忌框斌環ρ㎝ㄠ担ぃ荷暮緄季緄竡叭单笻猭︽矪瞶跋綟旧が碙が腊н稲臔吏挂羭ゎゅ笵紈﹟ㄌ猭掉瘆胊吏挂穕胊そ单笻猭︽
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7. Properly trying the cases involving farmers and maintaining the social harmony of the countryside. The people's courts shall strengthen the work on filing, trial and implementation of the cases involving farmers, further facilitate the litigation of farmers; hear various cases involving the disputes over rural land contracting, and maintain the rights and interests of farmers to various land contracting businesses; hear the administrative cases involving arbitrary collection of fees, arbitrary apportionment, land expropriation, relocation and compensation, and other administrative cases involving farmers, and protect the legitimate rights and interests of farmers; and impose punishments in the case of the crime of producing or selling counterfeited or inferior pesticides, animal medicine or seeds or damaging the interests of farmers, or destroying the election or endangering the rural democratic administration, and maintain normal economic, social and living order of the countryside.
| | 7Т到糵瞶疉笰ン蝴臔笰穦㎝坑眏疉笰ンミ糵㎝磅︽秈˙よ獽笰チ竤渤禗砠ㄌ猭糵瞶摸笰┯ン蝴臔笰チ兜┯竒犁舦痲ㄌ猭糵瞶睹Μ禣睹舥┖Μ竚干纕单疉笰︽現ン玂臔笰チ竤渤猭舦痲ㄌ猭胓矪ネ玻綪扳安玙鞍笰媚脋媚て贺单甡笰チ痲デ竜の瘆胊匡羭单甡笰チ恨瞶デ竜蝴臔笰タ盽竒蕾㎝穦ネ
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8. Properly trying the cases involving labor disputes and maintaining a harmonious labor relationship. The people's courts shall actively accept the cases involving the default or retaining of wages by enterprises and other cases involving the infringement upon the legitimate rights and interests of laborers, regulate the use of laborers by enterprises, promote the growth and perfection of labor force market; strengthen the protection of legitimate rights and interests of migration workers, and ensure that they could obtain their labor remunerations in a timely manner.
| | 8Т到糵瞶骋笆某ン蝴臔骋笆闽╰㎝坑縩伐瞶穨╈ろΙ戈单獻デ骋笆猭舦痲ン砏絛穨ノ︽玃秈骋笆カ初祇▅㎝Ч到眏癸秈叭猭舦痲玂臔絋玂の莉眔莱Τ骋笆厨筍
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