|
|
|
Opinions of the Supreme People's Court on Strengthening the Legal Theory Research of the People's Courts in the New Era
[Effective]
|
|
最高人民法院关于加强新时代人民法院法学理论研究的意见
[现行有效]
|
|
【法宝引证码】
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| | |
| Opinions of the Supreme People's Court on Strengthening the Legal Theory Research of the People's Courts in the New Era | | 最高人民法院关于加强新时代人民法院法学理论研究的意见 |
| (January 2024) | | （2024年1月） |
| For the purposes of thoroughly studying and implementing Xi Jinping Thought on the Rule of Law, complying with the Opinions of the General Office of the CPC Central Committee and the General Office of the State Council on Strengthening Legal Education and Legal Theory Research in the New Era, promoting high-quality justice with advanced research, and supporting and serving Chinese modernization through trial modernization, these Opinions are developed to strengthen the legal theory research of the people's courts in the new era. | | 为深入学习贯彻习近平法治思想，贯彻落实中共中央办公厅、国务院办公厅《关于加强新时代法学教育和法学理论研究的意见》，以高质量研究促进高质量司法，以审判工作现代化支撑和服务中国式现代化，就加强新时代人民法院法学理论研究制定本意见。 |
| I. General requirements | | 一、总体要求 |
| 1. Guiding ideology. The Party's absolute leadership over judicial work and legal research shall always be upheld. Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era shall serve as a guide, and the spirit of the 20th National Congress of the Communist Party of China shall be conscientiously studied and implemented. Xi Jinping Thought on the Rule of Law shall be adhered to as a guide to the legal theory research of the people's courts. The decisive significance of the "two establishments" shall be profoundly understood. The "four consciousnesses" and "four self-confidences" shall be strengthened. The "two defenses" shall be achieved. The path of socialist rule of law with Chinese characteristics shall be unswervingly followed. The theory of socialist rule of law with Chinese characteristics shall be vigorously researched, and the overall ability and level of legal theory research of the people's courts shall be effectively improved. The high-quality development of the work of the people's courts shall be promoted, and the historical process of comprehensive law-based country governance shall be advanced. | | （一）指导思想。始终坚持党对司法工作和法学研究的绝对领导，坚持以习近平新时代中国特色社会主义思想为指导，认真学习贯彻党的二十大精神，坚持用习近平法治思想引领人民法院法学理论研究工作，深刻领悟“两个确立”决定性意义，增强“四个意识”、坚定“四个自信”、做到“两个维护”，坚定不移走中国特色社会主义法治道路，大力加强中国特色社会主义法治理论研究，切实提升人民法院法学理论研究整体能力和水平，促进人民法院工作高质量发展，推进全面依法治国历史进程。 |
| 2. Historical mission. Based on the new situation, tasks, and requirements, on the theme of "justice and efficiency" and the goal of "enabling the people to see in every judicial case that justice is served," with a focus on the overall interests of the Party and the state, the prominent issues of concern to the public, and the issues on the application of law that urgently need resolution in judicial trials, research on Xi Jinping Thought on the Rule of Law, China's excellent traditional legal culture, basic theories, the modernization of trial concepts, mechanisms, systems, and management, trial practice and unified application of law, and judicial issues in key fields, emerging fields, and foreign-related fields shall be deepened, and a judicial theory system and discourse system embodying the nature of socialism and possessing distinctive Chinese characteristics, practical features, and the characteristic of the era shall be established, so as to reflect the theme of "justice and efficiency," serve the overall interests, administer justice for the people, and offer a solid theoretical guarantee for supporting and serving Chinese modernization with trial modernization. | | （二）历史使命。立足新形势新任务新要求，紧紧围绕“公正与效率”主题和“努力让人民群众在每一个司法案件中感受到公平正义”目标，围绕党和国家工作大局，围绕人民群众急难愁盼的突出问题，围绕司法审判中迫切需要解决的法律适用问题，进一步深化习近平法治思想研究，深化中华优秀传统法律文化研究，深化基础理论研究，深化审判理念、审判机制、审判体系、审判管理现代化研究，深化审判实务和统一法律适用研究，深化重点领域、新兴领域、涉外领域司法问题研究，构建体现社会主义性质、具有鲜明中国特色、实践特色、时代特色的司法理论体系和话语体系，为实现“公正与效率”主题，做实为大局服务、为人民司法，为以审判工作现代化支撑和服务中国式现代化提供坚实理论保障。 |
| 3. Basic principles. Adhering to Xi Jinping Thought on the Rule of Law as the fundamental guideline: Xi Jinping Thought on the Rule of Law shall be integrated as the skeleton outline and soul into the entire process and all aspects of the legal theory research of the people's courts, so as to ensure that the research always maintains the correct political direction. Adhering to a people-centered approach: research shall focus on the outstanding issues of concern to and intensively complained about by the public, and the implementation and effectiveness of the concept of “in litigant's shoes” in judicial trials shall be promoted. Adhering to "keeping a political perspective, acting under the rule of law": to keep a political perspective, the fundamental requirement shall always be taking a clear political stance and acting in the overall interests, and the ruling foundation of the Party shall be consolidated; to act under the rule of law, issues shall always be researched and solved by employing thinking and methods related to the rule of law. Adhering to the theme of justice and efficiency: major theoretical and practical issues affecting the quality and efficiency of trial and enforcement shall be studied and resolved in a higher position, from a broader perspective, and at a deeper level, so as to promote judicial fairness and enhance judicial credibility. Adhering to problem orientation: problems shall be used as the starting point for legal theory research; the research shall focus on resolving the most prominent conflicts and problems, making the resolution of conflicts and difficulties the first step to accomplish work; the implementation of targeted and appropriate measures shall be ensured. Adhering to the mutual promotion of theoretical research and trial practice: application is guided by theories, while theories develop with the aim of application; the method that "judicial practice discovers problems, theoretical research provides ideas, and academic results lead practice" ensures the common and innovative development of theoretical research and judicial practice. Adhering to combining legal theory research of the people's courts with China's development of the rule of law and its excellent traditional legal culture: confidence in the rule of law shall be strengthened; the experience and practical rules of socialist rule of law with Chinese characteristics shall be thoroughly summarized to create a Chinese judicial discourse system. Adhering to relying on Chinese laws and keeping inclusiveness: beneficial achievements in the world's rule of law shall be used for further progress in socialist justice with Chinese characteristics, while positive contributions are made to the global progress in the rule of law. | | （三）基本原则。坚持以习近平法治思想为根本遵循，把习近平法治思想作为“纲”和“魂”融入人民法院法学理论研究全过程、各方面，确保人民法院法学理论研究始终保持正确政治方向。坚持以人民为中心，着眼人民群众关心关注、反映强烈的突出问题开展研究，推动“如我在诉”理念在司法审判中落地见效。坚持“从政治上看、从法治上办”，注重从政治上着眼，始终把讲政治、顾大局作为根本要求，促进厚植党的执政根基；注重从法治上着力，坚持运用法治思维和法治方式开展研究、解决问题。坚持“公正与效率”主题，从更高站位、更广视角、更深层次研究破解影响审判执行质效的重大理论和实践问题，促进司法公正，提高司法公信力。坚持问题导向，把问题作为法学理论研究起点，把研究着力点放在解决最突出的矛盾和问题上，把化解矛盾、破解难题作为打开工作局面突破口，做到有的放矢、对症开方。坚持理论研究与审判实践相互促进，应用要靠理论指引，理论要朝应用深化，通过“司法实践发现问题、理论研究提供思路、学术成果引领实践”的方式，实现理论研究与司法实践共同发展、创新发展。坚持把人民法院法学理论研究同中国法治建设具体实际相结合、同中华优秀传统法律文化相结合，始终坚定法治自信，深入总结中国特色社会主义法治经验和实践规律，形成中国司法的话语体系，同时坚持以我为主、兼收并蓄，汲取世界法治文明有益成果，努力建设更高水平的中国特色社会主义司法文明，为人类法治文明发展作出积极贡献。 |
| II. Research priorities | | 二、研究重点 |
| 4. Deepening the research on Xi Jinping Thought on the Rule of Law. To address issues such as casual and unorganized study of Xi Jinping Thought on the Rule of Law, insufficient deepening, internalization, and transformation, and the disconnection between study and application, it is imperative to conduct in-depth research on the significant original contributions and principle innovations of Xi Jinping Thought on the Rule of Law; this includes summarizing and extracting subjective, original, and signature concepts, views, and theories related to socialist rule of law with Chinese characteristics, thereby promoting the theoretical interpretation, academic expression, and systematic construction of Xi Jinping Thought on the Rule of Law. Extensive research shall be conducted on how to utilize the worldview and methodology embedded in Xi Jinping Thought on the Rule of Law, as well as the stance, views, and methods underlying it, to guide trial and enforcement and facilitate better services for overall interests and administration of justice for the people. It is essential to conduct comprehensive research on adhering to the guiding position of Marxism in judicial ideology. This involves resolutely opposing and resisting erroneous views, such as Western "constitutionalism," "separation of powers," and "judicial independence," and ensuring a clear-cut and staunch stance on major matters of principle is crucial. | | （四）深化习近平法治思想研究。针对学习习近平法治思想不深入不系统、深化内化转化不够、学用脱节等问题，深入研究习近平法治思想重大原创性贡献和原理性创新，总结提炼中国特色社会主义法治具有主体性、原创性、标识性的概念、观点、理论，推进习近平法治思想学理化阐释、学术化表达、体系化构建；深入研究如何运用习近平法治思想中蕴含的世界观、方法论和贯穿其中的立场观点方法指导审判执行工作，推动更好为大局服务、为人民司法；深入研究如何坚持马克思主义在司法意识形态领域的指导地位，坚决反对和抵制西方“宪政”“三权鼎立”“司法独立”等错误观点，确保在原则问题和大是大非面前旗帜鲜明、立场坚定。 |
| 5. Deepening the research on China's excellent traditional legal culture. To address problems such as insufficient creative transformation and innovative development of excellent traditional legal culture, research on the Chinese legal system must be strengthened; its excellent ideas and concepts, researching China's ancient legal system traditions, and analyzing its successes and failures shall be inherited and carried forward; the essence of traditional legal culture, such as the principle that the people are the foundation of a state, the integration of rites and laws, paramount harmony, and strict law enforcement, shall be explored; the mechanism of action, contemporary value, and global contribution of China's excellent traditional legal culture shall be analyzed in depth to provide theoretical support, cultural resources, and innovative elements for trial modernization. Research on the elements of revolutionary culture concerning the rule of law shall be intensified; this includes studying the history, evolution, and direction of the legal system in revolutionary bases, especially during the New Democratic Revolution, and the socialist judicial system with Chinese characteristics; by doing so, the legacy of the revolutionary rule of law shall be inherited and perpetuated. Research on the Chinese nation's progress in the modern rule of law must be intensified, focusing on establishing a system for the socialist rule of law with Chinese characteristics and a country under the rule of law; this involves researching the modern properties, national characteristics, and features of the Chinese nation's progress in the modern rule of law in the new era and steadfastly pursuing the Chinese path to modern rule of law. Research on the inheritance and development of the Fengqiao Experience in the new era should be strengthened, and initiatives such as the establishment of the people's tribunals under the Fengqiao model shall be implemented to enhance the law-based prevention and resolution of disputes and the effectiveness of social governance. | | （五）深化中华优秀传统法律文化研究。针对优秀传统法律文化创造性转化不够、创新性发展不足等问题，加强中华法系研究，传承弘扬中华法系优秀思想和理念，研究我国古代法制传统和成败得失，挖掘民为邦本、礼法并用、天下无讼、以和为贵、明德慎罚、执法如山等传统法律文化精华，深入剖析中华优秀传统法律文化的作用机理、时代价值和世界贡献，为审判工作现代化提供理论支持、文化资源、创新元素；加强红色文化法治因子研究，深入研究阐释新民主主义革命时期尤其是革命根据地法制建设、中国特色社会主义司法制度的历史渊源、发展脉络、基本走向，传承赓续红色法治血脉；加强中华民族现代法治文明研究，围绕建设中国特色社会主义法治体系、建设社会主义法治国家总目标，深入研究阐释中华民族现代法治文明的现代化特性、民族性特点、新时代特征，坚定不移走中国式现代化法治道路；加强新时代传承发展“枫桥经验”研究，抓实“枫桥式人民法庭”创建等工作，提升矛盾纠纷预防化解法治化水平和社会治理效能。 |
| 6. Deepening basic theoretical research. To address issues such as limited basic theoretical research and inadequate theoretical supply, there is a need to intensify research on the basic principles of Marxist law. With a focus on adapting Marxism to China's modern conditions, the improvement and interpretation of legal theories shall be strengthened, and theoretical systems for the Marxist rule of law and the socialist rule of law with Chinese characteristics shall be continuously enhanced, so as to ensure that theoretical research is firmly rooted in China's culture, based on its conditions, and oriented toward solving its issues. Research on China's modern judicial system must be enhanced; this involves delving deeply into the superiority of the socialist judicial system with Chinese characteristics, maintaining the Party's absolute leadership over judicial work, and expediting the establishment of a fair, efficient, and authoritative socialist judicial system with Chinese characteristics. There is a need to strengthen research on the attributes and operating rules of judicial power; this includes systematically studying and interpreting the scientific connotation of "the independent and fair exercise of judicial power in accordance with the law" and promoting the establishment of a scientific, reasonable, well-regulated, and orderly new mechanism for the operation of judicial power that aligns powers with responsibilities. Basic theoretical research on major practical issues such as trial levels, functional orientations, and the development of a diversified dispute resolution mechanism shall be intensified, so as to produce a series of high-quality and original legal theory research results. | | （六）深化基础理论研究。针对基础理论研究不深、理论供给不足等问题，加强马克思主义法学基本原理研究，以马克思主义中国化、时代化为重点，加强法学理论提炼、阐释，不断完善马克思主义法治理论体系和中国特色社会主义法治理论体系，确保理论研究扎根中国文化、立足中国国情、解决中国问题；加强中国现代司法制度研究，深入阐释中国特色社会主义司法制度优越性，自觉在司法审判工作中坚持党的绝对领导，加快建设公正高效权威的中国特色社会主义司法制度；加强司法权权力属性、运行规律研究，系统研究阐释“依法独立公正行使审判权”科学内涵，推动构建科学合理、规范有序、权责一致的司法权运行新机制；加强审级职能定位、多元解纷机制建设等重大实践问题基础理论研究，推出一批高质量、原创性的法学理论研究成果。 |
| 7. Deepening research on trial ideas. To tackle issues such as mechanical administration of justice, it is crucial to strengthen research on the idea of active justice in the new era; this entails providing an accurate functional orientation to judicial trials within the framework of comprehensive law-based country governance and social management; the creation of a theoretical system for active justice in the new era shall be promoted, along with the transition of active justice from values and ideas to operational systems and governance mechanisms; and the modernization of trial ideas shall be effectively leveraged to guide the modernization of trials, thereby supporting and serving Chinese modernization. To address issues such as heavy caseloads, procedural failures, and the proliferation of cases stemming from the settlement of a single one, research must be intensified on focusing on the source and preventing problems before they arise. This includes prioritizing non-litigation dispute resolution mechanisms, such as mediation, emphasizing the use of pre-litigation mediation , consolidating the mediation guidance function, and establishing a mediation structure based on the people's mediation and linked with other forms of mediation. Research on source governance needs to be strengthened, with a deep exploration of how to manage the sources of litigation, control the sources of enforcement, reduce the sources of public complaints, and manage case sources. The governance of similar cases by addressing individual cases shall be promoted, preventing and reducing similar cases at their source, and fostering systemic, comprehensive, and source-based governance. Research on an equal emphasis on punishment and governance shall be conducted; the criminal policy of tempering justice with mercy shall be implemented, and the application of the leniency system for admitting guilt, and accepting punishment and the compliance reform for enterprises involved in cases shall be strengthened, so as to enable the institutional functions of reducing the burden of litigation, resolving conflicts, and restoring social relationships. Research on win-win ideas shall be strengthened; the principle of "supervision is support, support is supervision" shall be implemented in administrative litigation, and the collaboration and coordination between the government and courts shall be enhanced, so as to promote governance at source. Research on conclusion of cases giving rise to harmony between people under the rule of an efficient government shall be enhanced; the purpose of judicial trials shall be to substantively resolve disputes and fundamentally solve problems, and the settlement of conflicts at the basic level, non-spread of problems, and non-increase of disputes shall be achieved. | | （七）深化审判理念研究。针对机械司法、就案办案等问题，加强新时代能动司法理念研究，找准司法审判在全面依法治国、在国家治理和社会治理中的职能定位，推动构建新时代能动司法理论体系，推动能动司法由价值理念向工作制度和治理机制转化，切实以审判理念现代化引领审判工作现代化，支撑和服务中国式现代化。针对诉讼案件高位运行、程序空转、一案结多案生等问题，加强抓前端治未病理念研究，坚持把非诉讼纠纷解决机制挺在前面，把诉调对接的“调”向前延伸，做实指导调解职能，构建以人民调解为基础、各类调解衔接联动的大调解工作格局；加强源头治理研究，深入研究诉源如何治、执源如何控、信源如何减、案源如何管等重大实践问题，促进实现办理一案、治理一片，从源头上预防和减少类案多发高发，一体推进系统治理、综合治理、源头治理；加强治罪与治理并重理念研究，落实宽严相济刑事政策，强化认罪认罚从宽制度适用和涉案企业合规改革，有效实现减轻诉累、化解矛盾、修复社会关系的制度功能；加强双赢多赢共赢理念研究，把“监督就是支持、支持就是监督”落实到行政诉讼中，强化府院联动、内外协同，促进政府加强源头治理；加强案结事了政通人和理念研究，把实质性化解矛盾、根本上解决问题作为司法审判的目标导向，最大限度实现矛盾不上交、问题不扩散、纠纷不增加。 |
| ．．．．．． | | ．．．．．． |
Dear visitor,you are attempting to view a subscription-based section of lawinfochina.com. If you are already a subscriber, please login to enjoy access to our databases . If you are not a subscriber, please subscribe . Should you have any questions, please contact us at:
+86 (10) 8268-9699 or +86 (10) 8266-8266 (ext. 153)
Mobile: +86 133-1157-0713
Fax: +86 (10) 8266-8268
database@chinalawinfo.com
| |
您好：您现在要进入的是北大法律英文网会员专区，如您是我们英文用户可直接 登录，进入会员专区查询您所需要的信息；如您还不是我们 的英文用户，请注册并交纳相应费用成为我们的英文会员 。如有问题请来电咨询；
Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153
Mobile: +86 13311570713
Fax: +86 (10) 82668268
E-mail: database@chinalawinfo.com
|
| | | | | | | | |
|
|
|
|
|
|
|
Message: Please kindly comment on the present translation.
|
|
|
|
|
|
|
|
|
Translations are by lawinfochina.com, and we retain exclusive copyright over content
found on our website except for content we publish as authorized by respective copyright
owners or content that is publicly available from government sources.
Due to differences in language, legal systems, and culture, English translations
of Chinese law are for reference purposes only. Please use the official Chinese-language
versions as the final authority. lawinfochina.com and its staff will not be directly
or indirectly liable for use of materials found on this website.
We welcome your comments and suggestions, which assist us in continuing to improve
the quality of our materials.
|
|
| |
|
|