2014年最高人民法院工作報告（全文）
Report on the Work of the Supreme People's Court (2014)

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2014年3月10日，最高人民法院院長周強同志作最高人民法院工作報告。[人民畫報徐迅攝]
Zhou Qiang, president of the Supreme People's Court (SPC), delivered a report on the SPC's work on March 10, 2014. [Xu Xun/China Pictorial]

最高人民法院工作報告	Report on the Work of the Supreme People's Court
——2014年3月10日在第十二屆全國人民代表大會第二次會議上	Delivered at the Second Session of the Twelfth National People's Congress on March 10, 2014
最高人民法院院長周強	By Zhou Qiang, President of the Supreme People's Court
各位代表：	Fellow Deputies,
我代表最高人民法院向大會報告工作，請予審議，并請全國政協各位委員提出意見。	On behalf of the Supreme People's Court (SPC), I now present to you the report on the work of the SPC for your deliberation, and I welcome comments on my report from the members of the National Committee of the Chinese People's Political Consultative Conference (CPPCC).
2013年主要工作	Review of Work in 2013
2013年，最高人民法院在以習近平同志為總書記的黨中央堅強領導下，在全國人民代表大會及其常委會有力監督下，緊緊圍繞“讓人民群眾在每一個司法案件中都感受到公平正義”的目標，堅持服務大局、司法為民、公正司法，忠實履行憲法和法律賦予的職責，各項工作取得新進展。最高人民法院受理案件11016件，審結9716件，比2012年分別上升3.2%和1.6%；地方各級人民法院受理案件1421.7萬件，審結、執結1294.7萬件，同比分別上升7.4%和4.4%。通過充分履行職能，為推進平安中國、法治中國建設作出積極貢獻。	In 2013, the SPC, under the strong leadership of the Central Committee of the Communist Party of China (CPC) with Comrade Xi Jinping as General Secretary, and under the effective supervision of the National People's Congress (NPC) and its standing committee, closely centered on the goal of "letting the people to feel fairness and justice in each judicial case，" adhered to serving the overall situation, administrating justice for the people and maintaining judicial fairness, performed the duties conferred by the Constitution and laws faithfully, and made new progress in all the work. During the year, The SPC accepted and heard 11,016 cases of various types, up 3.2% over 2012, and concluded 9,716 cases, up 1.6% over 2012. Local people's courts at various levels accepted and heard 14.217 million cases of various types, up 7.4% over 2012, and concluded and enforced 12.947 million cases, up 4.4% over 2012. It made a positive contribution to promoting safety and rule of law in the country, by fully performing its functions.
一、依法懲治犯罪、保障人權、化解矛盾，維護社會和諧穩定	I. Punishing crimes, Protecting Human Rights and Resolving Contradictions in accordance with Laws to Safeguard Social Harmony and Stability
依法懲治危害國家安全和社會穩定的犯罪。各級法院審結一審刑事案件95.4萬件，判處罪犯115.8萬人。依法嚴懲煽動分裂國家、暴力恐怖襲擊等危害國家安全和公共安全犯罪，嚴懲嚴重危害人民群眾生命財產安全的犯罪，審結殺人、搶劫、綁架、爆炸、強奸、拐賣婦女兒童、黑社會性質組織犯罪等案件25萬件，判處罪犯32.5萬人。最高人民法院會同有關部門發布指導意見，依法懲治性侵兒童犯罪和危害校園安全犯罪，加強對未成年人的保護。發布關于辦理盜竊、敲詐勒索、搶奪等刑事案件司法解釋，各級法院審結侵犯財產犯罪案件30.3萬件，判處罪犯39.8萬人。發布關于辦理尋釁滋事、編造傳播虛假恐怖信息等刑事案件司法解釋，指導地方法院正確審理相關案件，依法懲治破壞社會秩序犯罪。發布關于辦理利用信息網絡實施誹謗等刑事案件的司法解釋，統一法律適用，打擊利用網絡造謠傳謠的犯罪行為，維護良好的網絡環境。依法懲治擾亂醫療秩序的違法犯罪行為，切實保護醫務人員和廣大患者合法權益。明確“醉駕”的認定標準，各級法院審結危險駕駛犯罪案件9萬件。積極參與禁毒斗爭，審結毒品犯罪案件9.5萬件，判處罪犯9.9萬人。最高人民法院認真做好死刑復核工作，嚴把案件事實關、證據關、法律關，確保死刑只適用于極少數罪行極其嚴重的犯罪分子。	—— Punishing the crimes of endangering national security and social stability in accordance with laws. The people's courts at various levels concluded 954,000 criminal cases of first instance, and convicted 1.158 million criminals. The people's courts severely punished the crimes of endangering national security and public safety through inciting to split the country and launching violent terrorist attacks, and of greatly threatening the safety of people's lives and properties. The people's courts concluded 250,000 cases of severe crimes, including homicide, robbery, kidnapping, explosion, rape, the trafficking in women and children, and organized crime committed by Mafia-like gang. A total of 325,000 criminals involved in these cases were convicted and punished. The SPC issued guidance jointly with other organizations concerned to punish according to law the crimes of sexual aggression against children and the crimes against campus safety, and to strengthen juvenile protection. The SPC published a judicial interpretation on handling the criminal cases of theft, racketeering and looting. The people's courts at various levels concluded 303,000 criminal cases of property violations and convicted 398,000 criminals in total. It released judicial interpretations on handling criminal cases of picking quarrels and provoking troubles, and fabricating and spreading false terrorism information, guided local courts to correctly hear the relevant cases, and punished the crimes of disrupting public order according to law. It also published a judicial interpretation on handling criminal cases of defamation on the Internet, unified the application of laws, and fought against the crimes of starting and mongering rumors through networks, to maintain a sound network environment. It punished the illegal and criminal acts of disrupting the medical order according to law, and effectively protect the legitimate rights and interests of medical staff and patients. It clarified the identification criterion of "drunk driving". The people's courts at various levels concluded 90,000 criminal cases involving dangerous driving. Meanwhile, they also took an active part in anti-drug campaign, with 95,000 drug-related crimes concluded and 99,000 criminals convicted. The SPC shared no efforts in the review of death sentences by being stringent with the facts, evidence and legal provisions relating to the cases, to ensure that the death penalty shall only be applied to a very small number of criminals who have committed extremely serious crimes.
依法懲治經濟犯罪、貪污賄賂和瀆職犯罪。發布關于辦理組織、領導傳銷活動刑事案件等指導意見，各級法院審結傳銷、走私、洗錢、非法集資、金融詐騙、內幕交易、商業賄賂等經濟犯罪案件5萬件，判處罪犯6.9萬人。充分發揮刑事審判在懲治腐敗中的職能作用，加大對貪污賄賂等犯罪的打擊力度，審結國家工作人員貪污賄賂、瀆職侵權犯罪案件2.9萬件，判處罪犯3.1萬人，其中包括薄熙來受賄、貪污、濫用職權案，劉志軍受賄、濫用職權案等一批大案要案，促進反腐敗斗爭深入開展。	—— Punishing the crimes of economic offences, embezzlement, bribery and dereliction of duty according to law. The SPC issued guidance opinions on handling criminal cases of organizing and leading pyramid selling. The people's courts at various levels concluded 50,000 cases of economic crime involving pyramid selling, smuggling, money laundering, illegal fund-raising, financial swindling, insider trading, and business bribery, and convicted 69,000 criminals. The people's courts gave full play to the function of criminal justice in cracking down corruption, intensified fight against the crimes of embezzlement and bribery. 29,000 cases involving embezzlement, bribery and dereliction of duty were concluded, with 31,000 criminals convicted, including several high-profile cases, such as the case of bribery, embezzlement and abuse of power by Bo Xilai, and the case of bribery and abuse of power by Liu Zhijun. All these efforts further promote the anti-corruption struggle in depth.
依法懲治危害食品安全和污染環境犯罪。積極回應群眾關切，發布關于辦理危害食品安全犯罪的司法解釋，各級法院審結相關案件2082件，判處罪犯2647人。發布關于辦理污染環境刑事案件的司法解釋，加大懲處污染環境犯罪力度。公布王長兵生產、銷售有毒食品犯罪以及胡文標、丁月生投放危險物質污染環境犯罪等典型案例，有力震懾犯罪分子。	—— Punishing the crimes of endangering food safety and environmental pollution in accordance with law. The SPC actively responded to the concerns of the people, issued a judicial interpretation on handling the crime of endangering food safety. The people's courts at various levels concluded 2,082 related cases and convicted 2,647 criminals in total. The SPC issued a judicial explanation on handling criminal cases of polluting the environment, and intensified the punishment on the crime of polluting the environment. It also disclosed several typical criminal cases, including the case of Wang Changbing who produced and sold poisoned food, and the case of Hu Wenbiao and Ding Yuesheng who threw hazardous substances to contaminate the environment, so as to forcefully deter criminal offenders.
堅決防止和糾正冤假錯案。尊重和保障人權，恪守罪刑法定、證據裁判、疑罪從無等原則，嚴格排除非法證據，各級法院依法宣告825名被告人無罪，確保無罪的人不受刑事追究。加強與律師協會的溝通，高度重視律協、律師反映的問題，尊重和保障律師依法履職。以堅決果斷的態度依法糾正“張氏叔侄強奸殺人案”等一批重大冤假錯案，從錯案中深刻汲取教訓，強化證據審查，發揮庭審功能，與公安、檢察機關分工負責、互相配合、互相制約，建立健全防范刑事冤假錯案工作機制，堅守防止冤假錯案底線。	—— Resolutely preventing and correcting wrongful convictions. The SPC respected and protected human rights, adhered to the principles of legality, evidence judgment and presumption of innocence, and strictly excluded illegally obtained evidences. The people's courts at various levels acquitted according to law 825 people for lack of evidence and reasonable doubts, and ensured innocent people from being subject to criminal sanctions. The people's courts further strengthened communication with lawyer associations, highly valued the issues reflected by the lawyer associations and lawyers, respected and guaranteed lawyers to perform their duties according to law. The people's courts took resolute measures to correct several major unjust, false and erroneous cases in accordance with law, such as "the case of rape and murder by Zhang nephew and uncle，" and learnt profound lessons from them. Meanwhile, The people's courts strengthened evidence review, made the court hearing fully functional, divided work with the public security and procuratorial organs for cooperation and mutual restriction, established and improved a working mechanism preventing unjust, false and erroneous criminal cases, and defended the bottom line of preventing wrongful convictions.
妥善化解社會矛盾。堅持合法自愿原則，規范司法調解，各級法院通過調解和撤訴方式處理案件479.8萬件。依法支持仲裁機構發揮作用，執結仲裁裁決13.3萬件。加強刑事附帶民事訴訟調解工作，完善刑事被害人救助制度，保障被害人合法權益。積極參與社會治理，健全訴訟與非訴訟相銜接的矛盾糾紛解決機制，加大訴前調解力度，堅持和發展“楓橋經驗”，指導、支持人民調解，將大量矛盾糾紛化解在基層和訴前，促進社會和諧。	—— Properly resolving social conflicts. The SPC adhered to the principles of legality and voluntariness to regulate judicial mediation. The people's courts at various levels handled 4.798 million cases through mediation and withdrawal of lawsuits. The SPC supported arbitration institutions to well function according to law, and 133,000 arbitral awards were concluded and enforced. It strengthened mediation for civil claims annexed to criminal cases, improved the assistance system for criminal victims, and protected the legitimate rights and interests of the victims. It actively participated in social governance, improved court-annexed ADR, strengthened pre-litigation mediation, upheld and developed the "Fengqiao Experience"， guided and supported mediation among the people. In result, a great deal of disputes can be resolved at the grassroots and before litigation, so as to promote social harmony.
二、依法審理經濟領域各類案件，促進經濟持續健康發展	II. Hearing Economic Cases according to Law to Promote Healthy and Sustainable Economic Development
加強商事審判工作。依法平等保護各類市場主體的合法權益，為加快轉變經濟發展方式、實現經濟穩中求進提供司法保障，各級法院審結一審商事案件395.7萬件。發布企業破產法司法解釋，規范破產程序，保障債權人公平受償，各級法院審結企業破產案件1998件。發布保險法司法解釋和出口信用保險司法解釋，各級法院審結保險、證券、票據等金融糾紛案件71.4萬件。加強對經濟社會發展新情況新問題的司法應對，認真研究服務實體經濟、民間借貸等方面的法律問題，及時提出司法建議，積極防范和化解風險。	—— Strengthening commercial adjudication. The SPC equally protected the legitimate rights and interests of all kinds of market entities according to law, and provided judicial guarantee to speed up transformation of economic development patterns, and make economic progress while maintaining stability. The people's courts at various levels concluded 3.957 million commercial cases of first instance. The SPC issued a judicial interpretation on enterprise bankruptcy law to standardize bankruptcy procedure, and guarantee creditors to have fair compensation. The people's courts at various levels concluded 1,998 cases of enterprise bankruptcy. Meanwhile, the SPC also issued judicial interpretations on the insurance law and export credit insurance. The people's courts at various levels concluded 714,000 financial dispute cases concerning insurance, securities and bills. Moreover, the SPC further enhanced judicial response to new situations and problems emerging in economic and social development, seriously studied legal issues serving the real economy and private lending, duly put forward judicial suggestions, and actively prevented and precluded risks.
加強知識產權審判工作。依法保護專利權、著作權、商標權，加大對網絡知識產權司法保護力度，依法制裁不正當競爭和壟斷行為，維護公平競爭的市場環境，促進國家創新體系建設，各級法院審結一審知識產權案件10萬件。積極參與打擊侵犯知識產權和制售假冒偽劣商品專項行動，公布知識產權司法保護狀況白皮書和典型案例，樹立我國知識產權司法保護良好形象。	—— Strengthening intellectual property rights adjudication. The people's courts protected the patent rights, copyrights and trademark rights according to law, intensified judicial protection of Internet intellectual properties rights, cracked down unfair competition and monopoly according to law, to maintain a sound market environment for fair competition, and to promote the construction of the national innovation system. The people's courts at various levels concluded 100,000 cases of first instance on intellectual properties. The courts were also actively involved in the specific action of cracking down on infringement of intellectual properties, and manufacturing and selling of counterfeit goods, published white paper and typical cases on judicial protection of intellectual properties, and established a sound image of China in judicial protection of intellectual properties.
加強涉外、涉港澳臺、涉僑、海事海商審判工作和司法交流合作。平等保護中外當事人合法權益，促進開放型經濟發展，各級法院審結一審涉外商事案件5364件，涉港澳臺案件1.5萬件，海事海商案件1.1萬件。妥善審理海洋污染和資源開發等案件，切實維護國家海洋權益。高度重視涉港澳臺、涉僑案件審判工作，維護香港、澳門、臺灣同胞和歸僑僑眷合法權益。積極開展與港澳臺地區和有關國家的司法交流與合作，推動在臺灣舉辦第二屆海峽兩岸暨香港澳門司法高層論壇，辦理送達文書、調查取證、裁判認可等國際、區際司法協助案件1.3萬件。	—— Enhancing Maritime Trials involving Foreign Parties, Hong Kong, Macao, Taiwan and Overseas Chinese, and Strengthening Judicial Exchanges and Cooperation. The people's courts gave equal protection to the legitimate rights and interests of the parties involved from home and abroad, to facilitate development of the open economy. The people's courts at various levels concluded 5,364 foreign-related commercial cases of first instance, 15,000 cases involving Hong Kong, Macao and Taiwan, and 11,000 cases of maritime affairs and maritime commerce. The people's courts properly heard cases on maritime pollution and resources development, to effectively safeguard maritime rights and interests of the country. The people's courts attached great importance to the adjudication of cases involving Hong Kong, Macao, Taiwan, and overseas Chinese, and safeguarded the legitimate rights and interests of compatriots from Hong Kong, Macao, Taiwan, and returned overseas Chinese and their relatives. The courts actively launched judicial exchanges and cooperation with Hong Kong, Macao, Taiwan and other countries, promoted the convening of the second Cross-Strait & Hong Kong, Macao High-level Judicial Forum in Taiwan, and handled 13,000 international and regional judicial assistance cases including service of documents, taking of evidence, and judgment recognition.