Reference summary of court work

Summary of court work: Give full play to the professional guidance function and strive to improve the judicial ability of the court ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× Our method is:

First, improve the network, formulate plans and realize the institutionalization and standardization of business guidance. Grassroots people's courts are in the front line of resolving social contradictions and maintaining social stability. The quality of trial directly affects the social stability and economic development of the jurisdiction and determines the overall effect of court work. In order to improve the trial quality and work level of the court, the party group of the hospital decided to rely on the professional expertise and basic functions of the specialized court of the government, integrate the professional advantages of the specialized court of the government, and establish a "court work guidance network" with the people's court as the main unit and the business courts of other institutions as the member units. In this network, the First People's Court is in the "axis" position and has the function of planning, organizing and coordinating the operation of the whole "guidance network", thus forming a comprehensive guidance network system with the First People's Court as the "leader" and other courts cooperating with each other. In order to ensure the healthy development of civil trial work, at the beginning of each year, we will compile the annual "Court Work Guidance Plan" and distribute it to all courtrooms in the form of hospital documents for compliance. The plan mainly includes two parts, one is the main points of civil trial work throughout the year. In the process of formulating the "Main Points of Work", we should not engage in "behind closed doors", but solicit opinions from all sides, especially the courts. On the basis of brainstorming, combined with the spirit of the relevant meeting of the higher court and the annual Detailed Rules for the Implementation of Comprehensive Evaluation in our hospital, the overall plan for the annual civil trial was formulated to ensure that the "Points" were in line with the actual situation of our hospital and synchronized with the deployment of the higher authorities, and the outline became the general guide for the annual civil trial work. The second is the annual business training plan. Make a training plan, and define the training content, time, method, training target and responsible subject. The training plan adheres to the combination of principle and flexibility. Principles refer to training time, training target, etc. We must be firm and strictly follow the formulated plan, and will not change because of busy work or other reasons. Flexibility refers to the timely adjustment of training methods and training contents according to the new situations, new problems, newly promulgated laws and regulations and judicial interpretations encountered in trial work, so as to enhance the pertinence and practicability of business training and ensure the timely update of knowledge.

Second, adhere to the trial, enrich the carrier and actively carry out various forms of on-the-job training activities. By organizing colorful learning activities, actively carrying out "on-the-job training", creating a strong academic atmosphere, stimulating the interest of police officers in learning business, and effectively improving the professional quality of court police officers. First, vigorously carry out "classroom activities" and regularly organize professional experts and backbones in our hospital to give "big lessons" to court police officers in combination with new situations and new problems encountered in trial work, and introduce police officers into the classroom. For example, after the implementation of "Several Provisions on Civil Evidence in the Supreme People's Court", we found that some court police officers could not correctly and comprehensively grasp the time limit for adducing evidence, the scope and procedure of adducing evidence by the parties, and the court's taking evidence; Some are at a loss about the exchange of evidence, the judgment of new evidence and the guidance of the parties' proof; Some do not use or will not use litigation documents that are compatible with the evidence provisions. Some policemen who have handled cases for more than ten years or twenty or thirty years suddenly feel that they will not handle cases at once, and some even simply "wear new shoes and take the old road." In the face of the impact of the Evidence Regulations on the traditional trial mode, we immediately realized the urgency of training, immediately purchased relevant theoretical books and CDs, collected relevant information from the Internet and newspapers, and first organized police officers in our hospital to study and study seriously. Through collective research, the training content and ideas were determined, and comrades who have a deep understanding of evidence laws and regulations and have a good grasp were arranged to give centralized lectures to court police officers. Through this class activity, everyone's ideological understanding has been unified, especially in guiding the parties to give evidence, fulfilling the obligation of disclosure and the right of interpretation, and guiding the parties to give evidence and authorizing evidence collection, etc., which has clarified the operation mode, corrected the wrong practices, eliminated the ideological confusion and standardized the trial work. For classroom activities like this, according to the responsibilities of each court in the "Business Guidance Network", we will determine at least one topic every quarter and organize training for key court professionals. This form not only provides a platform for the judges of the whole hospital to communicate with each other, but also provides a platform for academic discussion, which is highly targeted and has received good results. We also took advantage of the training opportunity organized by the superior court to send elite soldiers to participate in the study, and then "pass on classics and send treasures" to all the police officers of the court after returning, and quickly passed on the fresh knowledge with "waste heat" learned in the superior court to the police officers, realizing "resources * * *" and achieving good results. The second is to vigorously carry out trial observation activities. We ask every judge in the grass-roots court to determine a typical case, sign up for court observation activities, and the judges take turns to observe the court. Police officers who have not opened a court will attend and participate in comments after listening. By observing, listening and commenting, I compare my ability and skills in handling court trials, learn from each other's strong points and actively correct irregularities in court trials. This interactive learning method of learning from each other and correcting each other is widely welcomed by police officers. We hold many trial observation activities every year. The third is to hold regular theoretical seminars. Arrange a certain time every year and carefully organize theoretical discussion activities. Organize special seminars on newly promulgated laws and regulations and judicial interpretations, so that everyone can fully discuss, ask questions, analyze and learn, and deepen their understanding of legislative intent and legislative spirit; Hold a retrospective analysis meeting of typical cases, analyze the advantages and disadvantages of typical cases, and let everyone comment on whether they have these advantages and disadvantages; Hold a quarterly review meeting on the issued and revised cases, and analyze why they are sent back for retrial or revision, what is the difference between the higher court's understanding of the case and its own, what are the reasons for sending back for revision, and what are the lessons learned, so as not to make similar mistakes in handling cases. Fourth, actively carry out post competition activities. In order to improve the professional skills of court police officers, we actively organize various job competitions such as court clerk's trial record competition, judge's trial ability assessment, and litigation document production competition. Through post competition activities, the pressure and motivation of police officers to learn business will be enhanced, and the practical operation ability and combat effectiveness of court police officers will be improved. At the end of each year, a business knowledge test will be organized and the test results will be announced, and the police who fail the test will make up classes within a time limit.

Three, go deep into the grassroots, strengthen research, guide the court to do a good job in trial management "no investigation, no right to speak", do a good job in court work guidance, not superficial, not divorced from reality. Only by going deep into the front line and mastering first-hand information can we put forward targeted guiding measures. No matter how busy the work is at ordinary times, I insist on taking special time to go to the court to investigate the progress of the work, understand whether there are difficulties and problems in the work, and solve them in a timely manner. The first is to guide the court to implement civil speedy adjudication. Most of the cases accepted by the grassroots people's courts are simple civil and commercial cases with clear facts and conclusive evidence. According to the requirements of "two conveniences", guide the court to improve the civil speedy adjudication system. The court should firmly grasp three principles when applying speedy adjudication, namely, the principle of voluntariness, the principle of promptness and timeliness, and the principle of fairness and legality. At the same time, we should also pay attention to the scope and basic conditions of cases that apply to quick adjudication, strictly control the corresponding litigation procedures, and reflect the real purpose and value of quick adjudication. By applying the rules of civil speedy adjudication, not only judicial resources are saved and litigation costs are reduced, but also litigation efficiency is improved and the fairness of litigation results is guaranteed. The second is to guide the court to standardize litigation mediation. Nearly 70% of the civil disputes accepted by the court are disputes over marriage, family and neighboring rights. Although the cause of this kind of case is relatively clear, if it is simply judged, it will often lead to a "ten-year lawsuit." Therefore, the judicial ability of the people's courts is largely manifested in the ability of litigation mediation. However, it is found in the investigation that there are many problems in the court's litigation mediation work, some of which unilaterally understand the reform of trial methods and blindly pursue "one-step appearance in court" and sentencing in court; Some young judges lack mediation experience and grassroots work experience; Some illegal mediation, irregular procedures, resulting in poor social effects and so on. In view of this situation, after careful study, we put forward some principled opinions on court mediation in combination with the Supreme Court's Provisions on Several Issues concerning People's Court Mediation and the Provincial High Court's Opinions on Regulating Civil Litigation Mediation. On the one hand, it regulates the conditions of litigation mediation, requiring that mediation should be conducted on the premise of fairness and efficiency on the basis of the parties' understanding of the facts of the case and relevant laws and on the basis of their voluntary acceptance. On the other hand, the working idea of "more adjustments and less judgments to ensure stability" has been established, requiring judges to work hard on the initiative of mediation and form a mediation working mechanism that runs through the whole process before, during and after the trial. Adhere to the principle of mediation and pre-trial mediation system for relatively simple cases, and strive to settle the case through mediation; Adhere to the principle of mediation in cases closely related to the interests of the masses, such as marriage and family, neighborhood relations and land contracting. Without mediation, it is not easy to make a judgment; For cases where mediation is hopeless and judgment is inevitable, legal analysis should be made at the same time as the judgment, and the ideological education and legal publicity of the parties should be done as much as possible, so that the parties can accept the judgment and file an appeal to avoid the phenomenon of "the case cannot be closed" and the parties can't finish the lawsuit. The third is to implement the pre-trial preparation system. In the investigation, through trial, it is found that the problems of irregular trial and lack of prominent focus in grass-roots courts are common, resulting in low success rate and low trial efficiency, which does not conform to the principle of litigation economy. The main reason is insufficient preparation before the trial, and the trial is "aimless". In this regard, we guided the court to implement the pre-trial preparation system, which mainly solved two problems: first, the exchange of evidence; The second is to summarize, summarize and confirm the litigation requests and disputes of the parties. Through the pre-trial preparation, the trial is ensured to be "targeted", and the parties are allowed to give evidence and cross-examine around the litigation request and the focus of the dispute. The court authentication, finding out the facts, reasoning and analysis, and judging the main text are also carried out around the litigation request and the focus of the dispute. Effectively avoid endless trials, unclear goals, delays in handling cases, misjudged cases and other issues.

Fourth, follow the law of trial, stand still and correctly carry out case guidance. According to the actual work situation, our hospital is still using the case review system. Specifically, ordinary procedural cases that require court decisions should be reviewed and checked by me or the dean in charge. However, this kind of review control is not administrative examination and approval, but based on my own understanding of the case, I put forward reference opinions and guiding suggestions on evidence identification and legal application. In this work, we insist on putting the right position, finding the right focus, correctly handling the relationship between case guidance and the judicial committee, collegiate bench and sole judge, and ensuring that the guidance is in place and not offside. If there are differences between the guidance and the collegiate bench, we can re-collegiate, or apply to the judicial committee without setting framework constraints. We believe that improving the judicial ability and professional level of the court is a gradual process, and it is not appropriate to adopt "shock therapy". From the perspective of judicial justice and trial quality, it is necessary to conduct case guidance at present. Fifth, strengthen the self-construction of the First People's Court and play a leading role. "It's hard to strike while the iron is hot." In order to give full play to the role of connecting the preceding with the following, the First People's Court must strengthen its own construction and take the lead in setting an example in political quality, professional quality and building a clean government. The ranks of our people's courts are very good, mostly young comrades, with high academic qualifications, strong self-motivation and decent style. They study hard and study hard, forming a good style of study. In order to do a good job in learning, our hospital strives to provide learning assistance for police officers, encourage police officers to participate in academic education, on-the-job training and other kinds of learning, and actively create a good learning environment. In order to facilitate everyone's study, as early as 20xx, the computers of the First People's Court were connected to the Internet, becoming the earliest court room in our hospital. As we all know, the Internet also has a powerful entertainment function. Because of this, the court also held a special meeting to unify the tone of "news cannot be spread abroad", for fear that the leaders and other comrades in the court would not understand and say that we were "inaction". However, since networking, it has really facilitated the police officers to study and check information. Before the opening of the local area network in our hospital, comrades from the court and other organs will come to our hospital to check the information. We enthusiastically helped them, and what we were worried about didn't happen. Regarding the quality of cases, the slogan of the people's courts in China has developed from "Tiean Project" to "Building Excellent Project", which requires us to pay attention not only to quality, but also to legal and social effects. From June to June this year, among the cases handled by the First People's Court, 79% reached an agreement or withdrew the lawsuit through mediation, which received good social effects. The cases we handle are all major cases in the county, and it is difficult to reach this ratio. In business guidance, as the leader of the guidance network, our comrades in the First People's Court hold business lectures and open observation courts the most. At the same time, we should think what the court thinks, be anxious for the court and help the court, adjust the work measures in time according to the new situation and new characteristics of the court's work, and turn guidance into service, which has won the trust of the police officers in the court. When comrades in the court encounter any difficulties in handling cases, they will first think of going to the people's court for discussion. I also like to come to the hospital to see if there are any new counseling materials. Some comrades joked that the people's court is the "mother's family" of the court police, and they are sincerely willing to talk about it. If they have problems, they will come and ask for advice and help them solve them. The above are some of our practices in the business guidance of XX People's Court. We are well aware that there are still many problems and shortcomings in the work, and the task of building grass-roots courts is arduous, and it is also a long way to go to guide the court's business work. We are determined to take this meeting as an opportunity, conscientiously implement the spirit of the meeting, actively learn from the advanced experience of our brother units, and make new contributions to the construction of the "Fifth Hospital" of our hospital. Thank you!