Three provisions on preventing judicial intervention

Legal Analysis: In 20 15, the Central Office, the State Council, the Political Commissar of the Central Committee and the "five ministries and commissions" successively promulgated the Provisions on Leading Cadres' Intervention in Judicial Activities, Handling Specific Case Records, Notification and Accountability, the Provisions on Members of Judicial Organs' Interrogation of Cases and Accountability, and Several Provisions on Further Standardizing the Communication between Judicial Personnel and Parties, Lawyers, Special Relationships and Intermediary Organizations.

Legal basis: provisions on leading cadres' intervention in judicial activities, record, notification and accountability of specific cases.

Article 1 In order to implement the relevant requirements of the Central Committee of the Communist Party of China's Decision on Comprehensively Advancing the Rule of Law, prevent leading cadres from interfering in judicial activities and handling specific cases, and ensure that judicial organs independently and impartially exercise their functions and powers according to law, these Provisions are formulated in accordance with the provisions of the Constitution and in combination with the actual judicial work.

Article 2 Leading cadres at all levels should take the lead in observing the Constitution and laws, safeguarding judicial authority and supporting judicial organs to exercise their functions and powers independently and impartially according to law. No leading cadre may ask the judicial organ to handle a case in violation of statutory duties or legal procedures, and may not ask the judicial organ to do anything that hinders judicial justice.

Article 3. The organ in charge of leading judicial work can understand the case according to the working procedures, organize research on judicial policies, coordinate the handling according to law, urge the judicial organs to perform their duties according to law, and create a fair judicial environment for the judicial organs, but it is not allowed to make specific decisions on the admissibility of evidence, the determination of facts and judicial decisions.

Article 4 The judicial organs shall exercise their functions and powers independently and impartially according to law, and shall not carry out any requirements of leading cadres that violate legal duties or legal procedures or obstruct judicial justice.

Article 5 Judicial personnel shall comprehensively and truthfully record the intervention of leading cadres in judicial activities and the handling of specific cases, so as to leave traces throughout the process and have evidence to check.

Provisions on the record of interrogation cases and accountability of internal personnel of judicial organs

Article 1 These Provisions are formulated in accordance with the provisions of the Constitution and laws, combined with the actual judicial work, in order to implement the relevant requirements of the Central Committee of the Communist Party of China's Decision on Comprehensively Advancing Several Major Issues in Governing the Country according to Law, prevent internal personnel of judicial organs from interfering in handling cases, and ensure fair and honest administration of justice.

Article 2 Internal personnel of judicial organs shall perform their duties according to law, strictly abide by discipline, and shall not interfere with the cases being handled by other personnel in violation of regulations, transmit the materials involved or inquire about the case for the parties in violation of regulations, and shall not intercede for the parties in any way.

Article 3 The case-handling personnel of judicial organs shall abide by the law, administer justice fairly, and shall not practice favoritism and malpractice. Refuse to interfere, interfere or inquire about cases by internal personnel of judicial organs; If the materials involved are not delivered according to due process or other requirements are put forward, they shall be informed to handle them according to procedures.

Article 4 If the leading cadres of judicial organs and the staff of judicial organs at higher levels need to put forward guiding opinions on the cases being handled because of their leadership and supervision duties, they should put forward them in writing according to the procedures, and if they put forward them orally, they should be recorded by the case-handling personnel.

Several Provisions on Further Standardizing the Communication between Judicial Personnel and Parties, Lawyers, Special Relationships and Intermediary Organizations

Article 1 In order to standardize the contact and communication between judicial personnel and parties, lawyers, special interested parties and intermediary organizations, and to ensure fair justice, these Provisions are formulated in accordance with relevant laws and disciplines and combined with the actual judicial work.

Article 2 The contact and communication between judicial personnel and parties, lawyers, special stakeholders and intermediary organizations shall conform to the provisions of legal discipline and prevent parties, lawyers, special stakeholders and intermediary organizations from interfering or influencing the handling of cases in an improper way.

Article 3 Judicial organs at all levels shall establish a fair, efficient and clean handling mechanism to ensure that judicial personnel have no improper contact or communication with parties, lawyers, special parties and intermediary organizations, effectively prevent the transfer of interests, safeguard the legitimate rights and interests of the parties to a case, safeguard the unified and correct implementation of national laws, and safeguard social fairness and justice.

Article 4 Judges, prosecutors and investigators shall withdraw from litigation activities, and the parties and their legal representatives also have the right to ask them to withdraw.

The withdrawal of judges, prosecutors and investigators shall be carried out after the approval procedure according to law.

skill

The above answer is only for the current information combined with my understanding of the law, please refer carefully!

If you still have questions about this issue, I suggest you sort out relevant information and communicate with professionals in detail.