Report on the Work of the Supreme
Delivered at the Second Session of the Twelfth
National People's Congress on March 10, 2014
By Zhou Qiang, President of the
Supreme People's Court
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).
Review of Work in 2013
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.
I．Punishing crimes, Protecting Human Rights and Resolving Contradictions in accordance with Laws to Safeguard Social Harmony and Stability
——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.
——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.
——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.
——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.
——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.
II.Hearing Economic Cases according to Law to Promote Healthy and Sustainable Economic Development
——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.
——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.
——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.
III.Adhering to Justice for the People, and Safeguarding Legitimate Rights and Interests of the People according to Law
——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.
——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.
——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.
——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.
——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.
IV.Deepening Judicial Openness and Promoting Judicial Fairness
——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.
——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.
——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.
——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.
V．Carrying Out Judicial Reform, Intensify Supervision and Guidance, and Improving Judicial Performances
——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.
——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.
——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.
VI.Insist on strict management and strengthen construction of court team
——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.
——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.
——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.
VII.Taking the Initiative to Accept Supervision, and Keeping Improving Work
——Consciously accepting the NPC's supervision. The SPC earnestly reported work to the standing committee of the NPC, actively cooperated in special investigations and examination of law enforcement, and seriously listened to opinions and suggestions of the standing committees of the people's congresses of various provinces, autonomous regions and municipalities. In accordance with the requirements of the NPC Standing Committee, the SPC strengthened filing and sorting of judicial interpretations, and abolished 558 judicial interpretations and normative documents. Following the conclusion of the first session of the 12th NPC, the SPC carefully studied the deliberation opinions of the NPC delegates, and made rectification and implementation item by item. The SPC increased routine communication with the NPC delegates, voluntarily informed them the work of the SPC, established an online platform for communication with the NPC delegates and CPPCC members, invited them to join inspections, surveys and observe court trials, and paid visits to NPC delegates to listen to their views. The SPC seriously handled 189 proposals of the NPC delegates, and constantly improved the work of the people's courts in an all－round way.
——Earnestly accepting democratic supervision from the CPPCC, democratic parties, Federation of Industry and Commerce, and non－party personages. The SPC voluntarily notified the CPPCC on the work of the court, and handled 84 proposals submitted by the CPPCC members. It enhanced communication with the democratic parties, Federation of Industry and Commerce, and non－party personages through visits, surveys, seminars, and joint research of major subjects.
——Positively accepting litigation supervision from procuratorial organs. The SPC seriously handled procuratorial suggestions from the procuratorial organs, worked with the Supreme People's Procuratorate to formulate opinions on legal supervision of death sentence review, supported and cooperated with the procuratorial organs to fulfill the duty of litigation supervision according to law. The SPC heard prosecutor－protested effective judgments in accordance with law to jointly maintain judicial justice.
——Widely accepting social supervision. The SPC improved the communication mechanism with the public and the community contact point system, opened special columns of SPC President Mailbox and Message to Justices at the SPC official website, seriously handled letters from the public, and widely listened to the opinions of the people. The SPC employed 42 special supervisors in the second term and actively listened to their opinions and suggestions. The SPC consciously accepted supervision by public opinions, and actively responded to social concerns.
Fellow deputies, the development and progress of the people's courts over the past year were attributed to the strong leadership of the Party Central Committee with Comrade Xi Jinping as the General Secretary, the powerful supervision of the NPC and its standing committee, the energetic support of the State Council, and the great care, support and assistance of the CPPCC, democratic parties, Federation of Industry and Commerce, non－party personages, people's organizations, local Party committees, people's congresses, governments and people's political consultative conferences at all levels, people from all walks of life, and NPC delegates and CPPCC members. Here, I would like to extend, on behalf of the SPC, our heartfelt gratitude!
We are keenly aware that there are still many problems and difficulties in the work of the people's courts. First, some cases are judged with unfairness and inefficiency, which harms the benefits of the parties involved and judicial credibility. Second, it remains difficult for case－filing, litigation and judgment enforcement in some people's courts, with a gap in meeting people's judicial requirements. Third, more efforts are needed to improve the system and mechanism guaranteeing people's courts to independently and fairly exercise the judicial power according to the law. Fourth, some courts are under heavy administrative management, which affects the quality and efficiency of trials. Fifth, some court officials are under heavy impacts of bureaucracy and special privilege, resulting in irregular and crude judicial acts, indifference, insolence, prevarication, deliberately creating obstacles, and extortion to concerned parties. Some even commit illegalities for personal gains, pervert justice for a bribe, to the discontent of the public. Sixth, people's courts experienced heavy workload with the sustainable growth of caseloads. Some people's courts have more cases but fewer staff, with serious brain drains and unreasonable personnel structure. Some people's courts in the western region, remote and border areas, and ethnic minority areas need further improve working conditions.
Major Tasks for 2014
This year, the people's courts will comprehensively implement the spirits of the 18th National Congress of the CPC, and the second and third plenary meetings of the 18th CPC Central Committee, study and implement the spirits of the central political and legal work conference and this session of the NPC, seriously implement the spirit of the series of important speeches of General Secretary Xi Jinping, closely center on the target of “allowing the people to feel the fairness and justice in every judicial case，” firmly uphold the cardinal line of justice for the people and judicial fairness, continuously deepen judicial reform, and conscientiously do all the work well in law enforcement and handling cases.
First, actively promoting the construction of a Safe China and the Rule of Law in China. The people's courts will punish severely according to law crimes threatening state security, all violent terrorist crimes including the Kunming 3 ·01 violent terrorist attack, crimes seriously endangering social security, crimes damaging military installations, so as to effectively maintain national security and social stability, and to enhance people's sense of security. The people's courts will take an active part in the fight against corruption, strengthen punishment for corruption crimes according to law, eliminate both “tigers” and “flies”， maintain high pressure on the crimes of corruption, bribery and dereliction of duty, and promote the construction of clean government. The people's courts will strictly perform judicial functions according to law, safeguard the unity, dignity and authority of the national legal system, promote social equity and justice, and guarantee people to live in prosperity and contentment.
Second, providing effective judicial guarantee for deepening the reform in an all－round way. The courts will center on the important arrangements of the Party Central Committee on comprehensively deepening reform, give full play to the functions of criminal, civil and administrative trials, and hear all types of cases happening in the course of the reform in accordance with law. The people's courts will strengthen the adjudication of state－owned enterprise restructuring cases and promote state－owned enterprises to improve modern enterprise system. The people's courts will intensify protection efforts to property rights of non－state－owned enterprises, and support sound development of non－public economy. The people's courts will enhance trials of new－type cases, and guarantee smooth progress of economic system reform according to law. The people's courts will attach great importance to hearing cases of transfer of rural land contract and management rights, health care, food sanitation, social security and environmental protection, and properly resolve related conflicts and disputes. The people's courts will strengthen judicial response to new situations and problems, put forward judicial proposals in a timely manner, and establish judicial interpretations in accordance with law, to facilitate healthy and sustainable economic and social development.
Third, further strengthening justice for the people and judicial fairness. The people's courts will always adhere to the mass line of the Party, properly try cases relating to people's livelihood, facilitate easy access to justice, further solve the difficulties of case－filing, litigation and law enforcement, never let the ordinary people unable to afford lawsuits, and effectively safeguard the legitimate rights and interests of the people. The people's courts will strengthen management of trials, standardize judicial conducts, enhance supervision and guidance, and improve the quality and efficiency of trials. The people's courts will standardize the formats of written documents, intensify reasoning of written judgments, and allow the parties involved to clearly understand their victory and defeat. The people's courts will improve the mechanism for prevention and rectification of unjust, false and erroneous cases, never allow unjust, false and erroneous verdicts to be released because the law－enforcement personnel bend law for selfish ends, and protect the innocent from subject to legal liability. The people's courts will more consciously accept supervision from all walks of life and promote fairness in this account.
Fourth, actively and steadily promoting judicial reform. Under unified leadership of the Party Central Committee, the courts will press ahead with all reforms focusing on speeding up construction of a fair, efficient and authoritative socialist judicial system. The SPC will establish and implement the Fourth Five－year Reform Plan of the People's Courts (2014－2018), to serve the modernization drive of the national governance system and governance capacity. The SPC will push forward pilot reform of jurisdiction operation mechanism and de－administration in the operation of judicial authority, under the principles of enabling the judges hearing the cases to reach verdicts and bear related responsibilities. The SPC will fully promote standardization of sentencing, and unify sentencing standards. The SPC will further deepen judicial transparency, and publish according to law all the effective judgments of the SPC and the 14 provincial and municipal people's courts in the eastern and central areas on the Internet. All the other provincial and regional people's courts will realize the goal in three years. The courts will open court sessions for the cases of commutation and parole, and intensify publicity of temporary execution of sentence outside jail, to ensure open, fair and just commutation, release on parole and temporary serving a sentence out of prison. The SPC will promote the reform on litigation－related petitions through letters and visits, improve the system of applying for re－trials and acceptance of cases of prosecutor－protested effective judgments, strictly implement the procedures of ending litigation－related petitions through letters and visits, actively carry out online petitions, circuit reception of petitions and visit petitioners with cases, and properly address reasonable and lawful appeals of the people. The SPC will promote the setup of intellectual property courts and resources and environment tribunals, further improve the system of judicial protection of human rights. The SPC will earnestly study pilot projects of unified management of personnel, funding and properties in local courts under the provincial level, and explore to establish a judicial jurisdiction system properly separating from the administrative divisions and a judicial personnel management system conforming to the professional characteristics of judges.
Fifth, further strengthening team building in people's courts. The SPC will consolidate ideological and political building, practice the core values of socialism and the socialist idea of rule of law, and live up to believing in the rule of law, standing fast to the rule of law, and enforce laws impartially and incorruptibly. It will vigorously strengthen regularization, specialization and professionalization of court staff, and enhance their judicial capacity. It will strengthen guidance to local people's courts over the Party's mass line education and practice activities, improve the judicial style in a persistent way, maintain close ties with the people, firmly rectify unhealthy practices of being cold and aloof to the people, speaking to people stiffly and insolently, and shrugging off duties, deliberately creating obstacles, and extortion, indolence and extravagance, and conscientiously solve misjudged cases because of social connections, personal feelings and economic interests. It will strictly implement the misjudged case accountability system, trace back the responsibilities, and ascertain where the responsibility lies. The SPC will, with a zero－tolerance attitude and the courage of scraping the poison off the bone and wrist－breaking, resolutely punish judicial corruption, eliminate the black sheep in the court team, and strive to build a honest and upright team of people's courts who has firm belief, enforces law for the people, and faces up to responsibility.
Sixth, earnestly strengthening the basic work of people's courts at the basic level. The SPC will intensify trial－level supervision, cancel unreasonable indicators for performance appraisal, enhance guidance for trial work of people's courts at the lower levels, and help the people's courts at the basic level to improve judicial competence. It will vigorously put into force grade－by－grade selection of judges, and expand the career development space of judges at the basic level. It will strengthen judicial occupational security guarantee, give priority to the grassroots in policies and salary treatment, endeavor to solve the problems and difficulties of personnel structural faults and losses of grassroots judges, care for the physical and mental health of judges at the basic level, intensify support to the construction of people's courts in western, remote and ethnic minority areas and old revolutionary base areas, and beef up the work in support of development in Tibet, Xinjiang and Qinghai, and continue to improve the judicial conditions and environments at the basic level. It will strengthen informatization construction and analysis of trial information data, to better safeguard trials and enforcements, and meet judicial demands of the people. It will strengthen the work of people's tribunals, and give full play to the important role of people's tribunals in the innovation of social governance and promotion of social harmony and stability.
Fellow deputies, the people's courts shoulder great work responsibilities and sacred missions under the new situation. We will, under the strong leadership of the CPC central committee with Comrade Xi Jinping as General Secretary, hold high the great banner of socialism with Chinese characteristics, take Deng Xiaoping Theory, the important thought of “Three Represents” and the Scientific Outlook on Development as guidance, conscientiously implement the resolutions of this session, faithfully perform the duties endowed by the Constitution and laws, work in a down－to－earth manner, blaze new trails, forge ahead with determination, overcome all difficulties, and make new and greater contribution to achieve the “two centenary” goals and the Chinese Dream of great rejuvenation of the Chinese nation！
(In the event of any inconsistency between the Chinese and English versions，the Chinese version shall prevail.)