Overview of Qingdao Intermediate People's Court

In recent years, under the leadership of the Municipal Party Committee, under the supervision of the National People's Congress, with the support of the municipal government, the Chinese People's Political Consultative Conference and all walks of life, and under the guidance of the higher courts, Qingdao courts have adhered to the political direction of serving the overall situation of the party and the state, adhered to the highest standards of people's satisfaction, strived to be first-class, adhered to the purpose of "justice for the people", and constantly enhanced the sense of responsibility and overall situation of the majority of police officers around the theme of "justice and efficiency", and established the concept of judicial brand. Stress the art of work, pursue the best results, vigorously strengthen team building, deepen court reform, strengthen internal and external supervision mechanisms, standardize the internal management of courts, and constantly improve the quality and efficiency of trials, thus ensuring the economic development and social stability of our city, creating a good legal environment for our city's opening up and economic development, which has been affirmed by higher authorities and praised by the people. Since 1999, Qingdao Intermediate People's Court has been commended and rewarded by the Supreme Court, Shandong Provincial Party Committee, Provincial High Court and Qingdao Municipal Committee for more than 30 times, among which it was awarded the honorary title of "National Advanced Court" by the Supreme Court 1 time, and won the collective first-class merit 1 time. Among the 12 grass-roots courts under its jurisdiction, four courts have been awarded the first class merit by the Supreme Court and the Provincial High Court successively.

Two, in recent years, the trial and execution of the city's courts.

In recent years, the courts in this city have firmly grasped the "four persistences" in the trial execution: persisting in taking the trial execution as the center, persisting in the political direction of serving the overall situation of the party and the state, persisting in the theme of "justice and efficiency" and adhering to the purpose of "justice for the people". Implement three "basic policies": strictly handle affairs according to law, pay attention to the art of work, and pursue the best results; Strive to achieve the "three major goals": to create an excellent legal environment, create a brand of judicial services, and create a national first-class court to provide a strong judicial guarantee for the city's reform and opening up, economic development and social stability. From 1999 to 2002, the courts in the whole city tried and executed 473 123 cases of various types, with a closing target of 70.496 billion yuan. Among them, in 2002, the city's courts accepted 92,753 cases of various types and concluded 93,525 cases (including old cases). The closing target of civil and commercial cases is 836,543.8 billion yuan, and the closing target of execution cases is 5.363 billion yuan.

The first and third big trials. Adhere to the principle of "strike hard" and punish all kinds of crimes according to law. From 1999 to 2002, the city's courts concluded 20720 criminal cases of first instance. Of the 25,002 criminals whose sentences became legally effective, 4 1.58 were sentenced to fixed-term imprisonment of more than five years to death, which created a good public security environment for the economic development and opening up of our city. Try all kinds of civil and commercial cases fairly, adjust various economic relations and other social relations according to law, do a good job in the trial of foreign-related civil and commercial cases, and promote opening up; 1999 to 2002, the city's courts concluded 29 17 16 civil and commercial cases, with a closing amount of 484,543.8+0.3 billion yuan; In the past five years, the courts in the city have concluded a total of seven administrative cases 120 17, non-litigation administrative enforcement cases and state compensation cases.

Second, the progress and effectiveness of implementation. During the five years from 1999 to 2002, * * * handled 150486 cases, with a bid of 22.083 billion yuan. Establish an executive board, set up an executive leading group and a coordination and supervision office for major and difficult cases, and strengthen the unified leadership and coordination of the implementation of the city; Established a contact system with relevant government departments, provided key protection and support to large and medium-sized state-owned enterprises, pillar industries and large enterprise groups with well-known brands in our city within the scope permitted by laws and policies, and helped a large number of state-owned enterprises tide over the difficulties; Compulsory measures were taken in strict accordance with the law, and large-scale unified law enforcement actions were taken 130 times, and the accumulated cases were cleared 17988. Punished violent acts of resisting the law and refusing to perform effective judgments according to law, and detained 3786 people who resisted and refused to perform, thus safeguarding judicial authority.

Third, the three basic experiences of trial and execution. In judicial practice, we have summed up three basic experiences and determined three basic principles of handling cases, namely, "strictly handling affairs according to law, stressing the art of work, and pursuing the best effect", so as to achieve the unity of legal effect and social effect. These three basic principles are not only the judicial guiding ideology advocated by Chinese courts, but also the first-class successful experience of Chinese courts. We unify the three in judicial practice as the guiding ideology and working method of handling cases, which runs through every link of handling cases. Adhere to the organic combination of giving full play to judicial functions and serving economic construction, adhere to the combination of strictly handling affairs according to law and legal publicity and education, pay attention to work art and social effects, carry out patient and meticulous ideological work for the parties, pay attention to court mediation in civil and commercial cases, and strive to resolve disputes and reduce litigation costs. At present, the settlement rate of civil and commercial cases in the city's courts has reached 55%.

Fourth, serve the economy, the masses and the society. Adhere to the purpose of the people's court to serve the people, so that the work of the court can serve the economy, the masses and the society. Vigorously carry out investigation and research to provide quality legal services for the economic development of our city. We have successively carried out research activities such as "visiting hundreds of enterprises and visiting hundreds of parties" and participated in activities such as "optimizing the development environment and visiting thousands of enterprises" to understand the production and operation conditions of enterprises and the public's requirements and suggestions for court work, and enhance the pertinence and effectiveness of service economy development; Actively participate in the comprehensive management of social security, co-organize the "court fax" column with TV stations, broadcast the trial live, co-organize legal publicity programs with radio stations, and hold public hearings; Publish legal publicity manuscripts in media at all levels; Seriously handle people's letters and receive people's visits; Do a good job in the supervision and reform of criminals, handle cases of commutation and parole according to law, and pay a return visit and help and educate criminals outside prison; Put forward judicial suggestions to relevant departments; Open the "Tian Ping Hotline" to communicate with the people and all walks of life, facilitate the parties to complain and take the initiative to solve problems for the people. Since its opening in August 2002, * * * has received and handled 3,864 opinions, suggestions and requests from the parties and all sectors of society on the work of the court, answered legal advice and provided legal aid for 8,249 times; Actively carry out judicial assistance activities to ensure that the parties whose legitimate rights and interests have been violated but who are in financial difficulties can afford the lawsuit. In 2002, the city's courts reduced the legal fees of poor enterprises and poor people by 21830,800 yuan, thus safeguarding the legitimate rights and interests of vulnerable groups.

Three. Reform and Development of Qingdao Courts in Recent Years

Reform is the fine tradition of Qingdao court, and innovation is the successful experience of Qingdao court. In recent years, around the theme of "justice and efficiency", our hospital has adhered to the reform and development idea of "quality, efficiency and talents", continuously deepened the court reform, built a working mechanism to ensure "justice and efficiency", vigorously strengthened the construction of the court team, and promoted the professionalization of judges.

First, explore the characteristics and laws of court work, carry out system reform and innovation, and establish a new mechanism for fair and efficient trial operation. Take the lead in selecting outstanding judges in the country, strengthen the responsibility of trial organization, establish a collegiate bench system of presiding judges with unified responsibilities and rights, and establish a judge assistant system, which effectively solves the problem of administrative operation of judicial power; Effectively solved the problem that the ability level of judges is not clear and everyone can handle cases; Effectively solved the problem of disunity of power and responsibility, straightened out the relationship between judges and collegiate bench, collegiate bench and presiding judge, and presiding judge and judicial committee, pushed the presiding judge and presiding judge to the front line of trial, and promoted the new development of trial work. At the same time, the corresponding supporting reforms were carried out, and the system of case supervision and evaluation, the system of accountability for misjudged cases and the system of accountability for illegal trials were established to strengthen responsibility and supervision. This reform realizes the optimal allocation of trial resources, improves the quality and efficiency of trials, and provides a useful reference for the Supreme Court to implement the selection system of presiding judge, sole judge and assistant judge.

The second is to build a scientific trial execution operation management mechanism and implement case trial process management. Establish a trial execution procedure command center with the filing court as the main body and a new trial operation mechanism with the emphasis on strengthening the supervision of the trial process and the openness and fairness of the procedure as the main content. Separate trial, supervision and execution, strengthen internal supervision and control, and supervise the whole process of trial and execution of cases. Implement unified filing and establish an appointment hearing system. Diversion of complex cases and establishment of pre-trial procedure system; Implementing the system of evidence exchange in litigation has increased the hearing procedure of controversial issues; Plea bargaining trial mode and open trial system shall be implemented. The filing court manages and supervises the whole process of filing, service, preservation, trial, closing, execution and filing, which increases the transparency of the case handling process, prevents the occurrence of cases beyond the trial limit, and improves the quality and efficiency of trial.

Third, boldly reform the trial supervision system, establish a new operation mechanism of trial supervision, and ensure the unity of litigation right and res judicata. A new retrial filing standard has been formulated, a system of limiting retrial times and a system of appeal time limit has been established, and the "entrance" of retrial cases has been strictly controlled, and unlimited appeal has been changed into limited appeal and unlimited retrial has been changed into limited retrial, which not only protects citizens' appeal rights, but also maintains the adjudicated res judicata and judicial authority, and solves the problems of chaotic appeal order and waste of judicial resources. Formulate new evidence identification standards and revision standards for retrial cases, and standardize retrial procedures. This reform has been highly valued by the higher courts, and the Supreme Court held a national trial supervision reform site meeting in our city, which was introduced by our hospital. Since the implementation of the reform system of trial supervision, 97% of the parties have appealed after retrial, ensuring the quality of retrial cases.

Fourth, promote the reform of the implementation system and realize a virtuous circle of implementation. According to the superior's deployment, the executive board is established, and the implementation mechanism of unified leadership, unified management, unified command and unified coordination is established. Implement a system of separating administrative judicial power from executive power, strengthen internal supervision and restriction, and prevent abuse of administrative power; Explore effective implementation methods, adopt various implementation methods such as upgrading implementation, designated implementation, cross-implementation, centralized implementation and court session implementation, and break through the obstacles of local protectionism and departmental protectionism; Explore new implementation methods, such as property audit, property investigation, limiting consumption, and reporting awards. To urge those who have the ability to fulfill their obligations; Implement the system of suspending filing, creditor's rights certificate and executing hearing to ensure the best implementation effect; Implement a collegial system for executing rulings and a unified entrustment system for property evaluation and auction to prevent arbitrariness in law enforcement; Publicize and explain the difficulty of implementation and the risk responsibility of economic activities that the parties should bear, correct the cognitive deviation, and make the people understand and support the implementation; Reform and implement the charging system, and try our best to reduce the burden on the parties; Various educational rectification measures have been taken to strengthen management and supervision, which has improved the quality of the executive team and the level of law enforcement.

Fifth, strengthen the construction of leading bodies and judges, and strive to create a high-quality judge team that meets the needs of the new situation. First, pay close attention to the construction of leading bodies and improve cohesion and combat effectiveness; The second is to manage according to law, strictly control the entrance of the court team, strictly implement the post avoidance system, generally implement the personnel system reform of "competition for posts, two-way selection, and optimal combination", select a large number of outstanding talents with both ability and political integrity, and stimulate the vitality within the team; The third is to strengthen education and training, strengthen academic education and job training, and improve the overall quality of the team. Up to now, 96.2% of the court judges and staff in the city have college education or above, of which 240 have a master's degree in law or participated in postgraduate courses. Among 4 13 people in the intermediate people's court, 409 people have college education or above, accounting for 99%, of which 235 have bachelor education, accounting for 56.9%; 52 people with master's degree or above, accounting for 12.6%. Fourth, attach importance to the construction of a clean government, treat both the symptoms and root causes, comprehensively manage, strengthen the management of legal fees, and strictly implement the provisions of "two lines of revenue and expenditure"; Conscientiously implement the responsibility system for building a clean and honest government and the "four systems" of the Supreme Court, and seriously investigate and deal with cases of violation of law and discipline. The phenomenon of violating laws and disciplines is decreasing year by year. Fifth, we should carry out in-depth activities of striving for Excellence, striving for "a good court satisfied by the people" and "a good judge satisfied by the people", and carry out activities such as "year of law enforcement image" and "year of style construction" to improve the trial style and form a good atmosphere of striving for Excellence. Since 1999, there have been 23 judges in the collective 1 1 commended by the Central Committee and the Supreme Court, 27 in the provincial collective and 2 17 in the judges.

Sixth, take the road of building hospitals through science and technology, strengthen the construction of infrastructure and material equipment, and provide reliable guarantee for trial execution. Increase investment in equipment construction and build news centers and computer centers; The computer wide area network of the court system was established, and the court management network system was developed. Many times, the computer rapid recording skills training was held, and the pen-free trial record was basically realized; Strengthen the construction of forensic equipment, introduce advanced scientific and technological equipment and technology, and set up DNA laboratories, literature retrieval chemistry laboratories, literature retrieval physics laboratories, and electrophysiology laboratories. And use high technology to analyze and identify the evidence, which provides a scientific basis for finding out the facts and fair trial; And identified 1504 difficult cases for more than 30 courts in Yu Sheng, which expanded Qingdao's influence; The conditions of court offices, trial sites, transportation and communication, and police equipment in the city have been significantly improved. The system has achieved the goals of standardization of administrative management, office automation, uncultured court records and scientific judicial expertise, and provided material guarantee for the development of court work.

Fourth, the division of work functions of various departments.

1, Criminal Trial Chamber I

There are 23 personnel, whose duties are: to try criminal cases of the first and second instance, such as crimes endangering national security, crimes endangering public security, crimes infringing citizens' personal rights and democratic rights, crimes endangering social management order, crimes endangering national defense interests, juvenile crimes and other related major cases in accordance with the law, and to coordinate and guide them. To hear cases of commutation and parole according to law; Supervise and guide the relevant work of grassroots people's courts.

2, the second court of criminal trial

Staffing 16, job responsibilities: hearing criminal cases of first and second instance, such as crimes against the socialist market economic order, crimes against property, crimes of corruption and bribery, crimes of dereliction of duty, and coordinating and guiding relevant major cases according to law; Supervise and guide the relevant work of grassroots people's courts.

3, the first court of civil trial

There are 38 people, whose duties are: to try real estate cases in the first and second instance, property ownership disputes and related contract disputes, labor disputes, personnel disputes, foreign-related, overseas Chinese-related, Hong Kong, Macao and Taiwan-related civil disputes according to law; Supervise and guide the relevant work of grassroots people's courts.

4. The second court of civil trial

There are 24 personnel, whose duties are: to hear contract disputes such as sales, storage and contracting in the first and second instance according to law; Rural contract dispute cases; Supervise and guide the relevant work of grassroots people's courts.

5, the third court of civil trial

Staffing 16, job responsibilities: hearing cases of first and second instance of intellectual property disputes according to law; To hear cases of intellectual property trial supervision and cases of enterprise bankruptcy and other disputes that refuse to accept the effective judgment of the grassroots people's court; Supervise and guide the relevant work of grassroots people's courts.

6, the fourth court of civil trial

It has 22 staff members. Responsibilities: To try foreign-related commercial disputes and financial disputes in the first and second instance according to law; Supervise and guide the relevant work of grassroots people's courts.

7, the fifth court of civil trial

There are 38 personnel, whose duties are: to hear cases of marriage, family and inheritance in the first and second instance according to law; Damage compensation cases; Individual rights cases; Cases of creditor's rights and debts; To guide the work of the people's courts; Supervise and guide the relevant work of grassroots people's courts.

8. filing court

There are 33 personnel, whose duties are: to be responsible for the registration, filing, scheduling and trial process management of various cases accepted by the Municipal Intermediate People's Court according to law; To hear cases within the jurisdiction according to law; Review all kinds of appeals and retrial applications against the effective judgments of the municipal people's courts at two levels; Responsible for judicial assistance; Responsible for letters and visits; Supervise and guide the filing and petition work of the grassroots people's courts.

9. Administrative Tribunal (co-located with UNCC office)

Staffing 17, job responsibilities: hearing administrative cases of first and second instance according to law; Examining and executing cases applied for compulsory execution by administrative organs; Handling state compensation cases accepted by the compensation committee; Supervise and guide the relevant work of grassroots people's courts.

10, trial supervision court

Staffing 18, job responsibilities: hearing all kinds of retrial cases that refuse to accept the effective judgment of the municipal intermediate people's court according to law; To hear retrial cases against the effective criminal, civil and administrative judgments of the grassroots people's courts; Examining state compensation cases; To hear retrial cases protested by the Municipal People's Procuratorate; Supervise and guide the relevant work of grassroots people's courts.

1 1, execute the first court

Staffing 18, job responsibilities: responsible for the ruling of cases executed by the executive board of our hospital; Responsible for the implementation of research, publicity, information, materials, training and assessment of the executive board; Deciding to escalate, cross and designate cases for execution; Execution of arbitration, judicial and criminal incidental civil cases; Major and difficult cases approved; Cases of promotion and superior designation; To be responsible for the review of cases that are not satisfied with the decision to make a fine or detention and apply for reconsideration; Supervise and guide the relevant work of grassroots people's courts.

12, Second Executive Court

There are 27 staff members, whose duties are: to be responsible for implementing the judgments and rulings of the first instance of the Municipal Intermediate People's Court and the decisions on property in the mediation agreement; To execute other legal documents stipulated by law and executed by the Municipal Intermediate People's Court.

13, General Section

Staffing of 6 people, job responsibilities: responsible for the implementation of judicial statistics, business training and the implementation organized by conference planning in the city's court system; Supervision of major teaching cases; Handle the relevant formalities of entrusted and entrusted cases; Contact with the work of foreign courts; Responsible for implementing the reward and punishment system of the board of directors.

14, sent to the security room.

Staffing 15, job responsibilities: responsible for serving all kinds of cases accepted by the municipal intermediate people's court according to law; According to the application of the parties concerned, take litigation preservation measures and evidence preservation measures according to law.

15, research room (the office of the judicial Committee of this hospital is located in the research room)

The staffing is 1 1. Responsibilities: Preside over the meeting of the judicial committee; Responsible for organizing investigation and study, summarizing and popularizing typical experience; Asking for instructions or answering questions about applicable laws and policies; Responsible for the compilation, publicity and publication editing of comprehensive information; To study and solicit opinions on the draft local regulations; Responsible for judicial statistics and analysis; Supervise and guide the relevant work of grassroots people's courts.

Technology room 16

Staffing 12, job responsibilities: responsible for the judicial technical appraisal of the municipal intermediate people's court; Supervise and guide the relevant work of grassroots people's courts.

17, judicial police detachment

There are 26 people, whose duties are: guarding the court, escorting criminals, executing the death penalty, and cooperating with relevant courts and executive boards in related matters; Maintain the order of organs; Responsible for the safety and security of the office building in our hospital; Mobilize and direct the bailiffs of the grass-roots people's courts to complete important tasks; Responsible for the examination and declaration of the judicial police rank in the court system of the whole city; Supervise and guide the relevant work of grassroots people's courts.

18, discipline inspection team

The staff is equipped with 8 people. Responsibilities: Responsible for the Party's disciplinary inspection and administrative supervision in our hospital and the city's court system; Assist the party group in building a clean and honest party style and anti-corruption work.

19, Political Department

The Political Department consists of the Organization and Personnel Department, the Judges Management Office (co-located with the Registry) and the Education and Training Department, all of which are at the level.

Staffing 18, job responsibilities: to guide the ideological and political work of the people's courts at two levels in the city; Assist the district (city) Party committee to do a good job in building the leading bodies and teams of the grassroots people's courts; Responsible for the management of cadres' personnel, labor wages, organization establishment and personnel files in our college and its affiliated institutions; Responsible for the evaluation and promotion of the rank of court judges in the city; Responsible for the examination and approval of the city's court system; Responsible for the annual work assessment of the city's courts and the target responsibility system of all departments in our hospital and the assessment of the presiding judge; Responsible for the examination and approval and filing of the establishment, alteration and cancellation of the grass-roots courts and dispatched courts in the city; To be responsible for the education, training, commendation and reward of the court system in our hospital and the whole city; To be responsible for reporting to the staff of the Intermediate People's Court the visits, studies and inspections abroad, in Hong Kong, Macao and Taiwan; Responsible for handling the relevant procedures of the city's court seals and the production of seals of various departments in our hospital.

office

The office consists of secretarial section, administrative section and financial section. The above three sections are compiled by the office service center, and a microcomputer center is set up.

There are 32 personnel, whose duties are: responsible for the management and distribution of special materials and equipment; Responsible for the management of weapons and ammunition; Responsible for the construction of court system equipment and two courts in the city; Assist the dean and hospital leaders in organizing, coordinating and handling daily work; Responsible for organizing and coordinating secretarial, message, confidential, confidential, archives, books and comprehensive meetings; Responsible for the service guarantee of office printing, stationery and office supplies; Responsible for the management and service of office buildings and police dormitories; Responsible for the formulation of reception plans for large and important foreign personnel, foreign affairs arrangements and leadership; Responsible for the notification and arrangement of all kinds of meetings in our hospital and this system; Responsible for the planning, finance and management of funds, legal fees and stolen money; Responsible for the environmental sanitation service in the office area of the organ; Responsible for the communication service of the intermediate court and the network management of the courts in the whole city; To guide and supervise the collection, use and management of court litigation fees in the whole city; To guide the relevant work of grass-roots courts; Responsible for the synthesis, information and briefing of written materials.

2 1, organ party committee

Six staff members are responsible for Party building, youth, industry, women, mass organizations, family planning and spiritual civilization construction; The work of the judges' association, etc.

22. Agency Service Center

The office service center and the infrastructure office are co-located. The office service center consists of equipment department, vehicle management department, reception department, canteen department, garage and production base.

Staffing 6 1, post responsibilities: responsible for traffic service guarantee in our hospital; Responsible for the service of water, electricity, heating and other equipment in our hospital; Responsible for catering services for police officers and staff in our hospital; Responsible for the reception of foreign personnel; Responsible for the quality supervision of the comprehensive trial building and the construction of affordable housing for police officers in our hospital and the organization and coordination of related matters; Responsible for the daily management of our production base.

23. Training Service Center

The training service center consists of Ruifengyuan Hotel and Yangkou Branch of Ruifengyuan Hotel.

Staffing of 6 people, job responsibilities: responsible for the daily management of Ruifengyuan Hotel and Yangkou Branch of Ruifengyuan Hotel; Responsible for the reception services of various meetings, visits and learners arranged by our college at Ruifengyuan Hotel and Yangkou Branch of Ruifengyuan Hotel; Responsible for the operation of Ruifengyuan Hotel and Yangkou Branch of Ruifengyuan Hotel.

24. Judicial expertise center

The staff is 14. Responsibilities: Accept the entrustment of the people's court and relevant units to conduct judicial expertise on professional issues.

25. Judges Training Center

The staff is equipped with four people. Responsibilities: Responsible for the legal vocational education and judge training in the city's court system.

26. Retired cadres.

The staff is equipped with five people, whose duties are: to be responsible for the management and service of retirees and retirees who have left their posts.