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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調整字號大小: 
| 三、堅持司法為民，依法維護人民群眾合法權益 | III. Adhering to Justice for the People, and Safeguarding Legitimate Rights and Interests of the People according to Law |
| 加強民事審判工作。依法保障和改善民生，各級法院審結一審民事案件355.4萬件。發布關于審理勞動爭議、食品藥品糾紛案件司法解釋和加強消費者權益司法保護等指導意見，各級法院審結涉及人身損害、勞動就業、教育、醫療、住房、消費等案件53.7萬件。高度關注“三農”工作，維護農民權益，促進農業發展，審結涉及農村土地承包經營權流轉、宅基地糾紛、拖欠農民工工資等案件20.3萬件。高度重視保護農村留守老人、婦女、兒童、殘疾人合法權益，審結婚姻家庭、撫養繼承案件161.2萬件，促進家庭和諧。審結資源開發、環境保護案件2464件，推進環境公益訴訟，促進美麗中國建設。高度重視涉軍維權工作，依法審理涉軍案件，健全涉軍案件審判機構和工作制度，切實維護國防利益和軍人軍屬合法權益。 | —— Improving civil adjudication. The people's courts endeavored to safeguard and improve people's livelihood in conformity with law. The people's courts at various levels concluded 3.554 million civil cases of first instance. The SPC issued judicial interpretations on the trials of labor dispute cases and food and drug dispute cases, and guiding opinions on intensifying judicial protection of consumer rights and interests. The courts at various levels concluded 537,000 cases relating to personal injury, labor employment, education, medical treatment, housing and consumption. The SPC highly valued the issues of agriculture, farmers and rural areas, protected the rights and interests of farmers, promoted agricultural development, and concluded 203,000 cases involving transfer of rural land use rights, house site disputes, and defaults of migrant worker salaries. It also emphasized the protection of legitimate rights and interests of rural left-behind elderly, women, children, and the disabled, and concluded 1.612 million cases of marriage, family, child-raising and inheritance to promote family harmony. The courts concluded 2,464 cases of resources development and environment protection, promoted environmental non-profit litigations, and facilitated construction of beautiful China. We paid high attention to safeguarding the legal rights involving the army, hearing cases involving the army, improving the judicial organs and working mechanism for the cases involving the army, and effectively safeguarding the interests of national defense and the legitimate rights and interests of the servicemen and their families. |
| 加強行政審判和國家賠償工作。依法審理行政訴訟案件，切實保護公民、法人和其他組織合法權益，促進行政機關依法行政，各級法院審結一審行政訴訟案件12.1萬件。妥善審理社會關注的房屋拆遷行政訴訟案件，依法保護被拆遷人合法權益，支持地方改善環境、發展經濟。加強行政案件協調和非訴行政案件執行等工作，促進化解行政糾紛。及時向行政機關反饋審判工作中發現的行政執法突出問題，促進司法與行政良性互動。會同司法部出臺加強國家賠償法律援助工作的意見，保障困難群眾依法行使賠償請求權。發布適用質證程序審理國家賠償案件的司法解釋，確保國家賠償程序公正透明。各級法院審結國家賠償案件2045件，決定賠償金額8735.2萬元。 | —— Improving administrative adjudication and state compensation. The people's courts heard administrative proceedings pursuant to law, effectively protected legitimate rights and interests of the citizens, legal persons and other organizations, and promoted administrative departments in exercising their functions and powers in accordance with law. The people's courts at various levels concluded 121,000 administrative cases of first instance. Meanwhile, The people's courts also properly heard housing demolition administrative proceedings of high social concerns, protected legitimate rights and interests of the removed according to law, and supported the local governments to improve environment and develop economy. The people's courts enhanced the coordination for administrative cases and the enforcement for non-lawsuit administrative cases to facilitate the settlement of administrative disputes. The people's courts duly provided feedback to the administrative organs on prominent issues of administrative law enforcement found in the course of case hearing, in order to promote positive interaction between the judicial and administrative organs. The SPC worked with the Ministry of Justice to promulgate an opinion on strengthening legal aid for state compensation, to guarantee that the impoverished people exercise their rights claiming for compensation according to law. The SPC issued a judicial interpretation on the application of cross-examination procedure in the trial of state compensation cases so as to ensure state compensation procedure open and transparent. The people's courts at various levels concluded 2,045 cases of state compensation, involving 87.352 million RMB of indemnity. |
| 依法解決涉訴信訪群眾訴求。強化群眾觀念，加強源頭治理，建立長效機制，堅持重心下移，不斷加強涉訴信訪工作。最高人民法院設立巡回督導合議庭，帶案下訪，促進問題就地解決。各級法院共接待群眾來訪53.9萬人次，同比下降10.2%。推進涉訴信訪工作機制改革，完善“訴訪分離”和案件終結機制，推動律師等第三方參與化解信訪案件。加強審判監督，保障當事人申訴和申請再審權利，審結申訴和申請再審案件11.6萬件，依法提起再審3萬件，對原判確有錯誤或因其他法定事由改判7415件，占生效裁判的0.09%。 | —— Resolving the appeals of the people who initiated litigation-related petitions through letters and visits pursuant to law. The people's courts strengthened the concept of the masses, intensified governance at the source, established long-term mechanism, shifted the work priority to the community level, and continually improved litigation-related petitions through letters and visits. The SPC set up the circuit supervision collegial panel and toured the country with cases to facilitate solving cases on the spot. The people's courts at various levels received 539,000 petitioners, down 10.2% year on year. The SPC promoted the reform of the working mechanism for litigation-related petitions, improved the mechanisms of "separating litigations from petitions" and case settlement, and encouraged the third party including lawyers to participate in the process of resolving litigation-related petitions. The SPC reinforced supervision of adjudication, safeguarded the rights of the parties involved for petitions and the application for retrial. The people's courts concluded 116,000 petition cases and the applications for retrials, retried 30,000 cases according to law, and changed 1,415 original verdicts which were wrong in original judgments or due to other statutory circumstances, accounting for 0.09% of the effective judgments. |
| 著力解決執行難問題。各級法院受理執行案件298.9萬件，執結271.8萬件，同比分別上升14%和10.2%，其中執結涉機關單位執行積案2.1萬件，執行到位金額256億元。去年底開展了涉民生案件專項集中執行活動，執結案件3萬件，執行到位金額11.4億元。建立失信被執行人名單制度，實行公開曝光；在中央文明辦和公安部、國資委、工商總局、銀監會、民航局、中國鐵路總公司等部門的支持下，對7.2萬名失信被執行人進行了信用懲戒，約20%的失信被執行人懾于信用懲戒履行了義務。全面推進與金融機構和國土資源管理、工商行政管理等協助執行部門“點對點”網絡執行查控機制建設，加大反規避執行力度。推進執行指揮中心建設，整合執行資源，提高執行效率。創新執行拍賣模式，通過網絡進行司法拍賣，降低拍賣成本，提高債權清償率。 | —— Focusing on resolving the problem of difficult enforcement. The people's courts at various levels accepted 2.989 million enforcement cases, with 2.718 million enforced effectively, up 14% and 10.2% respectively year on year. Among them, 21,000 cases involved government organs and institutions, valuing 25.6 billion RMB. The SPC launched a special program for the enforcement of cases relating to people's livelihood at the end of 2013, concluding 30,000 cases amounting to the value of 1.14 billion RMB. The SPC established a name list of the faithless persons subjected to execution, and exposed them to the public. Under the support of the Central Civilization Affairs Office, Ministry of Public Security, State-owned Assets Supervision and Administration Commission, State Administration for Industry and Commerce, China Banking Regulatory Commission, State Civil Aviation Administration, and China Railway Corporation, 72,000 faithless persons subject to enforcement were disciplinarily punished, among which around 20% fulfilled their duties in awe of credit punishment. The SPC fully promoted construction of the point-to-point network monitoring enforcement mechanism with other departments assisting in case execution, including financial institutions, land and resources administration organs and administrations of industry and commerce, with the aim of intensifying anti-circumvention enforcement. The SPC further facilitated the construction of the enforcement command center, integrated enforcement resources, and improved enforcement efficiency. The SPC brought forth a new auction mode for enforcement, in which we held judicial auctions through the Internet to reduce auction costs and raise the rate of amortization. |
| 方便人民群眾訴訟。因地制宜推進訴訟引導、預約立案、電子送達、巡回辦案、遠程視頻開庭等工作，加強立案信訪窗口標準化建設，努力從立案、審判、執行、信訪各環節消除群眾訴訟障礙。推進人民法庭建設，方便群眾就近訴訟。加強風險提示、判后答疑等工作，引導當事人理性訴訟。適用小額速裁程序審理簡易案件，減輕當事人訴訟負擔。加大司法救助力度，各級法院為確有困難的當事人減免訴訟費1.9億元。 | —— Easy access to justice. The SPC promoted a series of work including litigation guidance according to circumstances, appointments-making to file a case, electronic service of documents, circuit case handling, and remote video court hearing. The SPC further standardized the service for case-filing and petition through letters and visits, and endeavored to make people easy access to justice in every stage covering case-filing, trials, enforcement, and petitions. The SPC drove on the construction of people's tribunals for the convenience of people to make lawsuits nearby. The SPC further enhanced the work of risk tips and questions answering after the trials, to guide the parties to a rational lawsuit. The SPC determined to hear simple cases with summary procedure, to alleviate litigation burdens of the parties involved. It also took sweeping measures for judicial remedies. The people's courts at various levels mitigated 190 million RMB legal costs for the parties involved in real difficulty. |
| 四、深化司法公開，促進司法公正 | IV. Deepening Judicial Openness and Promoting Judicial Fairness |
| 加大庭審公開力度。積極推進陽光司法，全面客觀公開案件事實、定案證據以及訴辯觀點、判決理由，增進群眾對司法裁判的了解和理解，彰顯法治的文明和尊嚴。建成中國法院庭審直播網，各級法院直播案件庭審4.5萬次。最高人民法院通過多種媒體直播社會關注案件庭審情況，濟南中院通過微博全程直播薄熙來案庭審情況，取得良好效果。 | —— Intensifying open court trials. The SPC actively carried forward justice in sunshine, released case facts, verdict evidences, debate viewpoints, and grounds of decisions in a comprehensive and objective way, so as to facilitate people's understanding of judicial adjudication, and manifest civilization and dignity of rule of law. It set up China's Court Trial Live Broadcast Network, and made 45,000 live broadcasts of court trials in people's courts at various levels. The SPC live broadcasted court trials of socially concerned high-profile cases, for instance, Jinan Intermediate People's Court brought on a complete live broadcast via microblog for the court session of Bo Xilai case, which got favorable result. |
| 加快推進裁判文書上網。出臺人民法院在互聯網公布裁判文書的規定，建成中國裁判文書網，公布最高人民法院生效裁判文書3858份，地方各級法院上網公布生效裁判文書164.6萬份，充分發揮裁判文書宣傳法律知識、引領社會風尚、規范公眾行為、樹立正確導向的功能，傳遞法治正能量，同時促進法官提高業務素質和司法水平。 | —— Speeding up online publishing of written judgments. The SPC promulgated the regulation governing people's courts to publish written judgments on the Internet, and set up the China Written Judgments Network. Since then, 3,858 effective SPC written judgments and 1.646 million effective written judgments of local people's courts at various levels have been disclosed on the Internet, which fully display the role of written judgments in spreading legal knowledge, guiding social custom, regulating public behavior, establishing correct orientations, and delivering positive energy of rule of law, while facilitating the improvement of professional competence and judicial level of judges. |
| 創新司法公開形式。加強審判流程公開、裁判文書公開、執行信息公開三大平臺建設，全面推進立案、庭審、執行、聽證、文書、審務公開，防止暗箱操作。加強最高人民法院政務網站建設，開通最高人民法院微博、微信和新聞客戶端，建成“全國法院微博發布廳”，及時向社會發布、公開審判執行信息，方便群眾通過新媒體了解法院工作。開展主題開放日等活動，邀請人大代表、政協委員、基層群眾、未成年人等走進法院、走近法官，零距離感受法院工作。 | —— Bringing forth new forms of judicial openness. The SPC endeavored to reinforce the construction of three platforms for open trial procedures, open written judgments and open enforcement information, fully carried forward openness in case-filing, court trials, execution, hearing, documents and judicial affairs, to prevent black box operation. The SPC enhanced the construction of its official affairs website, and opened the SPC official accounts on Sina Microblog, WeChat and news terminals, and established the "national court Microblog release hall" to timely issue trial execution information to the public, and facilitate the people to acquaint with court work through the new media. The SPC also launched the theme open day activity, and invited NPC delegates, CPPCC members, the public and minors to go into courts and approach judges to experience court work at a zero distance. |
| 加強司法公開技術支撐。制定人民法院信息化建設五年發展規劃，推進全國法院信息網絡“天平工程”建設，全面提升信息化水平。建設科技法庭，推進庭審全程錄音錄像。最高人民法院建成信息管理中心，推進四級法院司法信息資源整合利用，為深化司法公開提供科技保障。 | —— Providing technical support for judicial openness. The SPC formulated a five-year plan of information-based construction in people's courts, carried forward the construction of a nationwide court information network, known as "Scale Project"， to comprehensively elevate the information-based level. The SPC developed technology tribunals and promoted whole-course audio and video recordings of court trials. The SPC set up the information management center, facilitated integrated use of judicial information resources at the four levels of courts, and provided technological guarantee for deepening judicial openness. |
| 五、推進司法改革，強化監督指導，提升司法水平 | V. Carrying Out Judicial Reform, Intensify Supervision and Guidance, and Improving Judicial Performances |
| 改革審判工作運行機制。積極推進審判權運行機制改革、涉訴信訪工作機制改革；配合廢止勞動教養制度，探索建立輕微刑事案件簡易處理程序。指導設立專業法庭，為中國上海自由貿易試驗區運行提供司法保障和服務。支持珠海橫琴、深圳前海等地先行先試，探索建立新的法院工作模式。推進量刑規范化工作，制定關于常見犯罪量刑指導意見，促進量刑公開透明、公平公正。 | —— Reforming the trial operating mechanism. The SPC actively carried forward the reform of the jurisdiction operating mechanism, and the reform of litigation-related petition work mechanism. It cooperated with other organs to annul the system of re-education through labor, and explored to establish summary procedure for handling minor criminal cases. It guided to establish special tribunals in supply of judicial guarantee and services for the operation of Shanghai Free Trade Pilot Zone. It supported Hengqin of Zhuhai City and Qianhai of Shenzhen City to experiment with establishing new operating mode of courts. It carried forward standardization of sentencing, formulated guiding opinions on common crimes sentencing, and promoted open, transparent, fair and just sentencing. |
| 加強人民陪審員工作。推進司法民主，暢通人民群眾依法參與、監督審判工作渠道，各級法院組織人民陪審員參審案件169.5萬件，占一審普通程序案件的73.2%。啟動人民陪審員“倍增計劃”，增加選任人民陪審員3.8萬人。規范人民陪審員參審方式和流程，加強培訓工作，提高人民陪審員履職能力。向全國人大常委會專項報告人民陪審員工作并認真落實審議意見，促進人民陪審員工作健康發展。 | —— Reinforcing the work of people's juror assessors. The SPC carried forward judicial democracy, and expedited channels that ensured the public to participate in and supervise judicial work according to law. The people's courts at various levels organized people's assessors to participate in the trial of 1.695 million cases, accounting for 73.2% of trials of first instance in common procedure. The SPC launched the Multiplication Program of people's assessors, and appointed 38,000 more new people's assessors. It standardized the modes and procedures governing people's jurors to participate in trials, enhanced training, and elevated people's juror capacity to fulfill their duties. It submitted a special report to the NPC Standing Committee on the work of people's assessors and earnestly implemented the deliberation opinion, to facilitate healthy development of people's assessors system. |
| 加強監督指導和審判管理。制定踐行司法為民、加強公正司法、提高司法公信力的意見，監督指導地方各級法院提升審判質量和效率。加強司法解釋制定和清理工作，發布司法解釋28件，充分發揮司法解釋功能，促進改革發展，保障人民權益，推動社會進步。發布14個指導性案例，統一同類案件裁判標準。加強案件質量評查和審限管理，規范減刑、假釋案件審理，嚴格暫予監外執行的適用條件和程序，促進司法公正高效。各類案件一審后當事人服判息訴率為91.1%，二審后達到98.6%。 | —— Strengthening supervision guidance and judicial management. The SPC formulated opinions on carrying out justice for the people, enhancing judicial justice, and improving judicial credibility, supervised and guided local people's courts at various levels to improve trial quality and efficiency. It actively formulated and sorted out judicial interpretations, issued 28 judicial interpretations, which fully displayed the role of judicial interpretations, promoted reform and development, guaranteed people's rights and interests, and promoted social progress. The SPC also released 14 guiding cases, and unified judicial standards for the same type of cases. The SPC beefed up case quality assessment and trial limit management, standardized management of commutation and release on parole, strictly implemented the application conditions and procedures for temporarily serving a sentence outside prison, and promoted judicial fairness and efficiency. In total, 91.1% of those standing trial of first instance accepted judgments, and did 98.6% of those brought to trial of second instance. |
| 六、堅持從嚴管理，加強法院隊伍建設 | VI. Insist on strict management and strengthen construction of court team |
| 扎實開展黨的群眾路線教育實踐活動。認真學習習近平總書記系列重要講話精神，強化宗旨意識和群眾觀念。堅持開門搞活動，通過深入基層調研、公開征求意見等方式，認真聽取群眾意見建議。嚴格落實中央八項規定精神，加強司法作風建設，公開曝光違紀案件，堅決查糾法院系統存在的“四風”問題。緊緊圍繞立案、審判、執行等方面群眾反映突出的問題，制定31項整改措施，取得階段性成效。 | —— Carrying out solidly the Party's mass line education and practice activity. The SPC earnestly studied the series of important speeches of General Secretary Xi Jinping, and strengthened the aim consciousness and the concept of the mass. The SPC adhered to opening the door for activities, and seriously listened to people's opinions and suggestions through going deep to the community for investigation and publicly soliciting opinions. The SPC strictly implemented the "Eight-point Regulation" of the Party Central Committee, enhanced improvement of the judicial work style, publicly exposed cases of disciplinary violations, and resolutely rectified formalism, bureaucracy, hedonism and extravagance existing in people's courts. The SPC established 31 rectification measures around prominent issues the public most concerned in case-filing, trials and execution, and achieved substantive results for the stage. |
| 加強紀律作風和反腐倡廉建設。開展司法廉潔集中教育活動，通報上海高院4名法官違紀違法等案件查處情況，以反面典型加強警示教育。出臺進一步加強紀律作風建設的意見，堅持對法院隊伍從嚴教育、從嚴管理、從嚴監督。頒布“十個不準”，對貫徹中央八項規定精神進行專項檢查。對違規配置使用公車開展專項治理，清理法院領導干部和審判人員在企事業單位兼職。積極開展司法巡查和審務督察。完善廉政風險防控機制，加強制度約束，健全“事前預警、事中監控、事后查究”的監督防線。嚴格執行“五個嚴禁”規定，切實加大對違紀違法案件的查處力度。最高人民法院查處咨詢委員會原秘書長劉涌涉嫌受賄案，移送司法機關處理。各級法院共查處利用審判執行權違紀違法干警381人，其中追究刑事責任101人。 | —— Strengthening the construction of disciplinary working style and anti-corruption. The SPC carried out concentrated education on judicial integrity, notified investigation and punishment of four judges from Shanghai High Court for discipline and law violations, and warned and educated court personnel with the negative cases. The SPC put forward an opinion on further strengthening disciplinary working style construction, and adhered to strict education, management and supervision of the court team. The SPC promulgated "Ten Bans"， and made special examination of the implementation of the "Eight-point Regulation" of the Party Central Committee. The SPC carried out a special campaign rectifying violation in allocation and use of public cars, and put an end to part-time jobs of court officials and judges in enterprises and public institutions. The SPC actively launched judicial inspection and trial supervision. The SPC improved the risk prevention and control mechanism for clean courts, strengthened system constraint, and improved the supervision defensive line featuring "early warning in advance, supervision in the process, and investigation and punishment after the event." The SPC strictly implemented the "Five Bans"， and effectively enhanced investigation and punishment of discipline and law violations. Liu Yong, former secretary general of the SPC Investigation and Punishment Advisory Committee, was transferred to the judicial organ for suspected bribery. People's courts at various levels investigated and punished 381 court staff for abusing the judging and enforcement power, 101 of whom were prosecuted. |
| 提高法院隊伍政治業務素質。強化理想信念教育，始終保持政治堅定。推動司法人員分類管理和法官、書記員職務序列改革，完善法官招錄和遴選機制。從法學院校和律師隊伍中選拔高層次人才，改善隊伍結構。培訓新任中級、基層法院院長365人次，培訓法官和其他工作人員51萬人次。選派優秀法官赴中西部12個省區市巡回授課，繼續開展民族地區雙語法官培訓，加強對西藏、青海、新疆等地法院的援助。發揮宋魚水、陳燕萍、詹紅荔、翟樹全等先進典型的示范作用，激勵廣大法官公正司法、為民司法。各級法院共有430個集體、451名個人受到中央有關部門表彰獎勵。 | —— Improving the political and professional competence of the court staff. The SPC intensified ideal and belief education, and always maintained firm political direction. The SPC promoted systematic management of judicial staff and job sequence reform of judges and court clerks, and improved the mechanism of recruiting and selecting judges. The SPC selected chose high-level talents from law schools and lawyers to improve the staff structure. The SPC trained 365 new presidents and 510,000 judges and other staff for intermediate and grassroots courts. The SPC appointed excellent judges to make circuit lectures in 12 provinces in the central and western regions, trained judges in bi-lingual courses in ethnic minority areas, and enhanced assistance to courts in Tibet, Qinghai and Xinjiang. The SPC gave a full play to the role of models including Song Yushui, Chen Yanping, Zhan Hongli and Zhai Shuquan, to inspire all judges to practice judicial justice for the people. The central government departments commended 430 collectives and 451 individuals from people's courts at various levels. |
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