Two regulations

In order to implement the Provisions of the Central Office and the State Council on Leading Cadres Intervening in Judicial Activities, Handling Records, Notifications and Accountability of Specific Cases, and the Provisions of the Central Political and Legal Committee on Recording Cases and Accountability of Internal Personnel of Judicial Organs (hereinafter referred to as the "two Provisions"), the Supreme People's Court recently issued the Implementation Measures for the People's Courts to Implement Records Provisions. The Measures for Informing and Investigating the Responsibility of Leading Cadres for Intervening in Judicial Activities and Handling Specific Cases (hereinafter referred to as the Measures for Preventing Leading Cadres from Intervening) and the Measures for People's Courts to Implement the Provisions on Handling Cases and Investigating the Responsibility of Internal Personnel of Judicial Organs (hereinafter referred to as the Measures for Preventing Internal Personnel from Asking) have effectively implemented the "two provisions" of the People's Courts.

Article 12 of the Implementation Measures for Preventing Leading Cadres from Intervening mainly includes six aspects: First, it is clear that the staff of the people's court should comprehensively, truthfully and timely record all letters, letters or oral opinions related to specific cases transferred by organizations and individuals other than the people's court outside the litigation procedure. Second, people's courts at all levels are required to set up a special database of external personnel interrogation information in the case information management system. When the interrogation information of outsiders is entered into the case information management system, it should also be entered into the special database of interrogation information of outsiders. Third, it is clear that the party and government organs, trade associations, chambers of commerce, social welfare organizations and institutions that undertake administrative functions according to law entrusted or licensed by the people's courts should put forward reference opinions on cases involving national interests and social interests in accordance with working procedures and store them in the files for future reference. Fourth, the people's court is required to summarize and analyze the contents of the external personnel questioning information database involving leading cadres every quarter, list special reports, and submit them to the political and legal Committee of the relevant party Committee and the people's court at the next higher level. Fifth, the staff of the people's court are required not to record or record truthfully. If the competent leader instructs them not to record or record truthfully, they should be given corresponding disciplinary sanctions as appropriate. Sixth, it is required to improve the guarantee mechanism for the staff of the people's courts to perform their duties, so as to prevent the staff of the people's courts from encountering difficulties, attacks and retaliation from specific organizations and individuals in terms of evaluation, promotion and performance of duties due to strict implementation measures.

Article 24 of the Implementation Measures for Preventing Insider from Asking Questions mainly includes six aspects: First, it prohibits court staff from asking questions, greeting, inquiring about cases and handing over materials involved for the parties and their related parties, and puts forward specific codes of conduct for court staff on how to deal with face-to-face questions and mailing materials involved. The second is to strictly regulate the behavior of court staff who ask questions about cases and approve the materials involved because of their positions, and it is strictly forbidden for court staff to fail to perform their duties and ask questions about cases without due process. Third, it is clearly stipulated that the staff of judicial organs must leave traces throughout the performance of their duties, and it is required that the instructions, letters and records of leading cadres of people's courts and staff of people's courts at higher levels put forward supervision and guidance opinions due to their statutory duties be stored in the file for future reference. Fourth, the people's court has made clear provisions on the establishment of a special database for the information of cases in which people in judicial organs ask questions. Fifth, it provides more rigid and operable punishment measures for the staff of the people's courts who violate the Implementation Measures. Sixth, protective measures have been formulated for the case handlers who truthfully record the cases asked by the internal personnel of the judicial organs.

The Supreme People's Court demanded that the higher people's courts should formulate detailed rules for implementation according to the "two regulations" and their implementation methods, do a good job of implementation, take the initiative to submit information, screen typical cases, and ensure that the iron regulations are effective and the system is strong. In the next step, the Supreme People's Court will strengthen supervision and inspection, and regard the implementation of the "two regulations" and their implementation methods as one of the important contents of judicial inspection. (He Fan)

Fa Fa Fa No.2015 10

The Supreme People's Court on printing and distributing

"The people's court to implement the leading cadres to intervene in judicial activities,

Provisions on record, notification and accountability for intervening in the handling of specific cases "

Notice of the implementation measures "

Higher People's Courts of all provinces, autonomous regions and municipalities directly under the Central Government, Military Courts of the People's Liberation Army, and Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region:

The Measures of the People's Court for Implementing the Provisions on Leading Cadres' Intervention in Judicial Activities, Handling Specific Case Records, Notification and Accountability are hereby printed and distributed to you, and shall come into force as of August 20th, 20 15. Please implement it conscientiously, and do a good job in filing and submitting the detailed rules for implementation regularly. Please report the problems found in the implementation to the Supreme People's Court in time.

the Supreme People's Court

August 20 15 19

The people's court implements "leading cadres' intervention in judicial activities,

Intervene in the filing, notification and handling of specific cases

Measures to implement accountability provisions

In order to implement the Provisions of the General Office of the Central Committee and the General Office of the State Council on the record, notification and accountability of leading cadres' intervention in judicial activities and handling of specific cases (Zhongfa [2065438+05] No.23, hereinafter referred to as the "Provisions"), these measures are formulated according to the actual work of the court and to ensure the independent and fair exercise of judicial power by the people's courts.

Article 1 The people's courts shall exercise judicial power independently and impartially in accordance with the provisions of the Constitution and laws, and shall not be interfered by administrative organs, social organizations or individuals, and shall not carry out the requirements of any organization or individual for violating statutory duties or legal procedures or obstructing judicial justice.

Article 2 The staff of the people's court shall comprehensively, truthfully and timely record the letters, correspondence or oral opinions related to specific cases transmitted by organizations and individuals outside the people's court outside the litigation procedure, and keep relevant materials to ensure that the whole process is marked, permanently preserved and well documented.

If a leading cadre requests a people's court to handle a case in the name of an individual or an organization, or the staff and relatives around the leading cadre interfere in judicial activities or intervene in the handling of a specific case, the people's court shall put it on record and keep relevant materials.

Article 3 The people's court shall, relying on information technology, set up a special library for external personnel to ask questions in the case information management system, and clarify the procedures and authorities for inputting, storing, submitting, viewing and processing relevant information. When the interrogation information of outsiders is entered into the case information management system, it should also be entered into the special database of interrogation information of outsiders. The special trial management institution of the people's court is responsible for the maintenance and management of the special library.

Article 4 When performing the obligation of recording in accordance with Article 2 of these Measures, the staff of the people's court shall truthfully record the names, units and positions of relevant personnel, and the time, content and form of communication; For the use of mobile phone messages, Weibo, WeChat, e-mail and other network information to ask specific cases, it should also record the information storage medium; If a specific case is inquired orally, the place where it happened and the people present shall also be recorded, and other people's court staff present shall sign for confirmation.

The above records and related letters, letters, audio-visual materials, electronic data, etc. They should be entered together and stored separately. The files should be attached with written materials for future reference, and other materials should be indicated when filing.

Article 5 Party and government organs, trade associations, chambers of commerce, social welfare organizations and institutions that undertake administrative functions according to law may, with the entrustment or permission of the people's courts, put forward reference opinions on cases involving the public interests of the state and society in accordance with working procedures, and may not enter them into the special database for external personnel to inquire about information, but relevant materials shall be kept in the file for future reference.

Article 6 The people's court shall summarize and analyze the contents of the information base of leading cadres questioned by outsiders every quarter, and submit it to the Political and Legal Committee of the Party Committee at the same level and the people's court at the next higher level; If the contents of the record involve the main leading cadres of the Party Committee or the Political and Legal Committee of the Party Committee at the same level, it shall be submitted to the Political and Legal Committee of the Party Committee at the next higher level and the people's court at the next higher level. If the people's court considers that the leading cadres' interference in judicial activities and the handling of specific cases are serious and may cause unjust, false and wrong cases or other serious consequences, it shall immediately report to the Supreme People's Court.

The higher people's courts should strengthen the supervision and inspection of the implementation of the Provisions by the courts within their jurisdiction, report the implementation of the Provisions and these Measures to the Supreme People's Court in a timely manner, and submit them to the Political and Legal Committee of the Party Committee of all provinces, autonomous regions and municipalities directly under the Central Government once every six months.