First, the significance of establishing the concept of "serving the overall situation"
The so-called overall situation refers to the center and key of the overall situation; It is the general trend that leads the overall evolution; It is a strategic interest related to the overall situation. The "overall situation" in the concept of socialist rule of law refers to the "Socialism with Chinese characteristics cause", which is a core interest related to the fundamental interests of the people and the future and destiny of the party and the country. "Serving the overall situation" is a major political responsibility of our court work, which is of great significance.
First of all, serving the overall situation is an important mission of socialist rule of law.
Law and state are two social phenomena with the closest relationship, interdependence and interaction in the superstructure. The law embodies the will of the country, and the goals and tasks of the country must be confirmed and stipulated by law. The characteristics, functions and tasks of the state determine the characteristics, functions and tasks of the judicial organs. This is a well-known basic principle. The problem is that from the "systematic" legal system with "handling affairs according to law" as the core in the 1980s to the "ruling the country according to law" proposed by the Central Committee in 1995 to build a socialist country ruled by law, the "governance" of the rule of law has indeed completed the legal transformation from means to objectives, that is, taking the rule of law as the general plan and strategic goal of the country. Therefore, the law can't be simply regarded as a means, so can it be more? No, because the rule of law bears the nature, purpose and fundamental task of the country. The task of legislators and judges is to make the legal system better serve social purposes and promote the development of the whole society through rational construction. In this sense, the law is instrumental in macro, and the rule of law, as a way of national governance, is ultimately determined by and serves the fundamental task of the country. The mission of the rule of law must be unified and consistent with the country's development goals and methods. A judge should exercise judicial power within the scope permitted by law and in accordance with the requirements of law, determine the rights and obligations of the parties to the conflict and distribute justice. But the judge's vision can not be limited to the legal world, he is also a member of the state power system, and the judicial power he exercises is an important part of the state power system.
In different social stages and nation-states, the position and role of judicature in the state power structure are different. At present, the socialist rule of law in China means that under the leadership of the Party, the broad masses of people manage state affairs through various channels and ways in accordance with the Constitution and laws.
Manage economic, cultural and social affairs, ensure that all state affairs are carried out according to law, and gradually realize the institutionalization and legalization of socialist democracy. * * * is committed to building a prosperous, strong, democratic and civilized socialist country, and * * * is committed to promoting the great cause of Socialism with Chinese characteristics. The judicial organ is a specialized organ for implementing national laws, an important practitioner and driving force of socialist rule of law, and a key link in the construction of rule of law. Adhere to the direction that the rule of law serves the socialist modernization, ensure that it serves the central tasks and work of the Party and the government in a certain period, grasp and make good use of the power of law enforcement for the country and the people, consolidate the party's ruling position, safeguard the long-term stability of the country, and safeguard, realize and develop the fundamental interests of the people. It is the sacred duty of judicial workers to actively obey and serve the overall situation of the work of the party and the state and safeguard the interests of the state and the people, and it is also an inevitable requirement for effectively performing their duties.
Secondly, serving the overall situation consciousness is the quality requirement of people's judges.
Serving the overall situation for many years, but the understanding of its connotation still stays in the principle summary of contingency. Through the education of socialist concept of rule of law, we should improve this understanding to the understanding that serving the overall situation is the characteristic of judicial work itself. Xiao Yang, President of the Supreme Court, put forward in his speech at Yale University in 2004:
Judgment is not just a simple judgment of legal responsibility. More importantly, this is a judicial decision that may cause a series of social impacts. Many famous jurists in history have emphasized that understanding the law means grasping the meaning and effect of the law. Holmes' famous saying: the life of law is experience rather than logic. The real significance of his explanation of this sentence is that it is more important to feel the needs of the times than deductive reasoning when applying legal rules. This is a popular moral and political theory and a recognized public policy. Pound, the founder of sociology of law, believes that the legal system is a phenomenon closely related to the political, economic and social conditions of a specific society and a tool to coordinate social interests. Judges are "social engineers" who weigh these interests. Only when they understand the actual social conditions influenced by their judgments can they properly accomplish their mission. If we look at the development of modern rule of law in China and the West without any prejudice, we can find that one of the most important advances of modern jurisprudence is to change from an analytical attitude towards justice to a functional attitude, emphasizing the political and social functions of law. Western jurists talk about "social function" and "public policy", and we talk about serving the overall situation, which is similar in the relationship between what should be and what should be. Different expressions are produced in different contexts for many reasons, including the different ruling styles of the ruling party. Taking "serving the overall situation" as an important link in the framework of the concept of rule of law has injected more social needs, social significance and social consequences into China's justice, which embodies a judicial trend and general law.
This trend and the general law of judicial development determine that the role orientation of judges is divided into two levels. On the one hand, how to treat their relationship with the law determines the extent to which judges exercise their discretion in hearing cases and affects the exertion of their legal functions; On the other hand, how to position yourself in a political country determines that judges use judicial power to influence social, political, economic and cultural development. It can be seen that as a judge, the minimum requirement is to understand the law in order to be competent for the role positioning at the first level. To be a good judge and give full play to his initiative in political and economic life, it is not enough to know the law, but to pay attention to and respond to social needs. Judge brandeis of the United States Federal High Court said: "If a lawyer has not studied economics and sociology, he can easily become a public enemy. Roscoe pound declared that history, philosophy and analysis are three weapons in the arsenal of jurists. Dean Xiao Yang also asked judges to "know history, understand society and grasp the situation" and "be knowledgeable and wise". Throughout history, famous judges have extensive and profound knowledge. Song Yushui, an outstanding representative of judges in China, can also listen to the voice of the times, feel the changes of the times and grasp the spirit of the times, thus promoting social progress. Judges should be able to analyze the changes of social forces and social structure through the distribution and balance of social interests and maintain the benign operation of social order. Judges with extensive and profound knowledge can give consideration to various social interests, make adjustments to achieve balance and stability, and show the ability to correctly predict the direction of social progress in difficult cases. Good judicial decisions are made because they meet the requirements of society or the times, not just in legal knowledge. It can be said that regardless of the differences in specific details and characteristics of various viewpoints and theories, social values, social interests or social effects are all important yardsticks for interpreting and applying laws, and are also the orientation of judicial social functions.
This role orientation of judges determines that in the process of hearing cases, judges must change from a single trial function to a multi-function of serving the country's economic development, taking safeguarding people's interests and promoting economic and social development as the starting point and end result of their work, and guiding and guiding social subjects to form a harmonious social environment, an orderly competitive economic development environment and a democratic and civilized political environment. In this sense, the awareness of the overall situation or the awareness of serving the overall situation is the quality requirement that every people's judge should have.
Third, serving the overall situation is an objective need to solve practical problems during the social transformation period.
Our country is in the transition period of rapid social change. The rapid change of society has caused many changes in economic and social life, and various political and social problems are also in a frequent period.
First, mass incidents have increased and contradictions among the people have increased. This is the most prominent problem that directly affects the social stability of our country at present and in the future, which is manifested in the increasing number of mass incidents and letters and visits.
Second, wealth is unevenly distributed and social differentiation is accelerating. The World Bank pointed out in a report entitled "* * * Enjoy Rising Income" that China's Gini coefficient has grown too fast, and no country in the world has changed the income gap so much in just a few years like China. The sharp expansion of the gap between the rich and the poor has seriously affected social harmony and stability.
Third, the class structure is unreasonable and the social structure is tense. Sociologists describe the hierarchical structure of China as a "pyramid", which is characterized by a sharp top, a small number of people at the upper level, a transitional middle level and a huge number of people at the lower level. The transition period is the running-in period of the new political and economic system reform, with intensified competitive pressure and imperfect social security mechanism. These factors make the stratum at the bottom of the pyramid in a weak position in employment, life and social welfare, which leads to their strong dissatisfaction and relative deprivation of social reality. We are now in the era of moving towards rights, but there are also phenomena of extreme contempt for authority and publicity of personality. Dissatisfaction is the easiest to produce, and moving is the hardest to appear.
Fourth, cultural transformation and lack of values. The original values and moral system have been seriously destroyed and gradually deconstructed, and a new subject culture consistent with the socialist market economy has not yet been established, which intensifies the conflicts between various cultures in society and easily leads to deviant behavior of social members. As a result, gambling and drug abuse are prevalent in some places, obscene and pornographic activities, illegal missionary activities and cult activities are rampant, and moral anomie, lack of integrity, deception and even crimes are committed.
In the face of the above problems in China's social transition period, the judiciary plays an important role in social control. Looking forward to the future development of China society, whether the judiciary can undertake this important task is related to the success or failure of China's reform and the benign development and stability of society to a certain extent. How to grasp and serve the overall situation in this situation is a new test and challenge for the majority of police officers. As a judicial worker, we must clearly understand and serve the overall situation, firmly establish the consciousness of serving the overall situation, actively adapt to the new requirements of the new situation for judicial work, and constantly enhance our responsiveness to the demands of social pluralistic values, thus promoting the formation and consolidation of order legitimacy. Effectively improve the ability to safeguard national security and social stability, safeguard social fairness and justice, use judicial means to resolve social contradictions, serve economic construction and promote reform and development, and ensure the smooth realization of the goal of building a well-off society in an all-round way.
Second, the main content of the concept of "serving the overall situation"
The overall situation is historical, developing and concrete, which determines that the concept of "serving the overall situation" of the people's courts is very rich, and its main content should also develop and change with the development of the overall situation itself. The most important thing here is the socialist direction, China's national conditions and development stage, which are three indispensable thinking angles for us to understand and serve the overall situation. The concept of the rule of law is a deep understanding and concept of the meaning of the rule of law, and it is the principle and spirit of the rule of law. It is not only the framework of a country's rule of law theory, but also the guidance of the actual rule of law practice. It is not a simple and intuitive reflection of the real state, but a guide to the real state and a pursuit of the ideal state based on reality. Over the years, the modern judicial concept put forward in order to understand and grasp the development law of judicial work should naturally be absorbed and accommodated by the socialist concept of rule of law. What we want to prevent and correct is the wrong tendency of ignoring the socialist nature, national conditions and development stage in the development direction. Putting forward the concept of socialist rule of law is to realize the goal of governing the country according to law more correctly and quickly. In order to avoid detours, we will not correct this goal. The main contents of the current people's court's concept of "serving the overall situation" should mainly include the following aspects:
First, ensure socialist economic construction, reform and development.
The Decision on Further Strengthening the Work of People's Courts and People's Procuratorates issued by the Central Committee of the Communist Party of China clearly requires people's courts to give full play to their judicial functions, constantly improve their ability to serve economic construction and promote reform and development, and ensure the smooth realization of the goal of building a well-off society in an all-round way. Courts at all levels should further enhance their sense of service, correctly grasp the overall economic situation, closely track and scientifically analyze the economic situation, adjust economic relations according to law around promoting economic development, make judicial guarantee and relief measures, including judicial sanctions, more timely, more appropriate, more powerful and more effective, and ensure the in-depth and healthy progress of economic construction and reform and opening up according to law. As far as building an innovative country is concerned, the central government puts forward that the ability of independent innovation is the core of national competitiveness, while the goal of China's innovation system is centralized and decentralized coordination, that is, the government's macro-control is fully integrated with the basic role of the market, which requires the introduction and implementation of laws, which can neither arbitrarily replace the basic role of market means in applied innovation, nor give up the obligation of the government to organize public welfare innovation and promote applied innovation, so as to enhance the behavior expectations of innovative subjects and protect their rights and interests.
Judicial work guarantee and service reform, opening up and economic construction must be based on safeguarding national interests, maintaining market economic order and safeguarding the vital interests of the people, giving full play to the functions of judicial crackdown, service and guarantee, and creating a fair and just economic environment. Although we are engaged in this work every day, it is very difficult to make the judicial function meet the requirements of central decision-making, because the current situation and development requirements we face are: First, the mode of economic growth needs to be changed urgently; Second, the operation mode of government functions needs to be changed in time; The three public services are relatively backward; The coordinated development of economy and society faces many difficulties. The general feature of modern economy is to seek balance in interaction. Why is game theory so fashionable? Because it is a rational thinking of decision-making behavior based on interaction. The legislative debate on property law, anti-monopoly law and labor contract law has long gone beyond the scope of legislative technology, and it is a game between different social classes and groups, which is the future trend of China's political and legal system. It can be said that the realization of public interest does not mainly depend on the static protection of the government. Many times, the compromise product of the interest game is the normal state to realize the public interest. "Being the master of the people" will gradually give way to "Let the people be the masters of the country". In such a transitional stage with a special background, we should pay special attention to correctly handling the relationship between law and policy, especially cases with high social concern and great influence, and strengthen communication and coordination with relevant departments to ensure that good social effects are taken into account within the framework of law. China is in a period of rapid economic development and social transformation. Facing new situations and new problems, laws and regulations are stretched. In this case, we should constantly improve our understanding of the policy and legal spirit, and flexibly and accurately understand and grasp the policy spirit in the legal blank.
Second, ensure socialist political construction and social stability.
At present, China's socialist modernization is at a critical stage, which is not only an important period of strategic opportunities, but also a period of prominent contradictions among the people, a period of high incidence of criminal offences and a complicated period of struggle against the enemy. The people's courts have more important responsibilities and heavier tasks in safeguarding political construction and maintaining social stability. Developing socialist democratic politics and building socialist political civilization is an important goal of building a well-off society in an all-round way; Maintaining national security and social stability is the premise of socialist modernization and an important guarantee for building a well-off society in an all-round way.
Generally speaking, the ruling party should achieve two major functions in consolidating its ruling position: one is to widely mobilize various social development resources, and the other is to effectively integrate various interest groups. At present, the most prominent task is to integrate and coordinate interests, integrate interest relations and mediate social contradictions. In addition to the traditional command and rule, we should also devote ourselves to shaping the cohesion of ideas, the guiding force of policies, the coordination of systems and the affinity of images, so as to realize the coordination of interests and the easing of contradictions among all walks of life. To reduce troubles and blind rights protection, we must advocate consultation and orderly rights protection, and truly provide practical relief channels.
In order to ensure socialist political construction and social stability, judicial work must improve the sensitivity of judicial stability, especially for the hidden crisis in brewing, pay close attention to all kinds of induced effects that affect social stability, and prevent the sense of social crisis from fading layer by layer. It is necessary to prevent all kinds of hostile forces from interfering in and making use of social hot issues and contradictions among the people to create chaos. We must strictly and fairly enforce the law and effectively protect citizens' personal rights, political and economic rights, labor and social rights, and cultural and educational rights. We will continue to implement the principle of respecting and safeguarding human rights in trial and execution activities. At the same time, attention should be paid to actively promoting grassroots units and street communities to govern by democracy and the rule of law by legal means, such as participating in community corrections, building linkage mechanisms, and exploring diversified dispute resolution models. We will fully implement the principles of judicial openness and judicial democracy, widely accept supervision from all walks of life, and promote the ability to serve democratic politics.
There are two key points in serving the construction of democratic politics. First, fully consider the stages of China's economic, social, political and cultural development, and accurately grasp the work orientation of judicial functions at this stage. Adhere to the situation, because the specific application of the law often needs to examine the social situation and take it as the basis. If it exceeds or lags behind the social status quo, it will be difficult to achieve the expected effect, because it has no social foundation support and even produces bad social effects. "Aggressive" is by no means advanced, so we should have a global view when dealing with "standing" and "not standing". Second, we should not only see the process, but more importantly, we should clearly realize that before the completion of the transformation, that is, in the process of transformation, maintaining social stability can not be separated from the dependence on the original path, such as the modernization of enterprises, whose purpose is to go to the market, but in the process of transformation, we must rely on administrative guidance and control. This is the reform situation we are facing. The relevant legislation in the planned era is no longer suitable, and the legislation based on market allocation can not solve the problems in the transition period. We must realize this. Under the current transformation system in China, many problems in social transformation are problems of imperfect system or development, which cannot be solved by judicial means. Some treatment results will cause complex social problems such as social stability, which greatly exceeds the court's ability to solve problems. In the adaptability of legal system to society, we should not only observe the dynamic process of society, but also see whether the preconditions for controlling social change are met, and pay more attention to the social effects of legal measures. You need to take the initiative to deal with backwardness, and it is not good to exceed it. If we can't do it from the perspective of clear goals, it is a helpless move, but it is also a rational choice to face reality. In administrative litigation, due to special policy considerations, it is more prominent that the prosecution that meets the legal standards in form is not accepted. For example, some policy issues in the capital market and enterprise restructuring are difficult for the court to measure by the legitimacy standard. For some legal problems that are enough to judge and grasp their trends, we can seize the opportunity to establish new rules and guide new development. For sensitive cases involving laid-off workers, pyramid schemes, false statements in the securities market, the Supreme Court calmly judges according to the situation and makes corresponding judicial policies. These practices may sometimes be inconsistent with the results of the application of conventional laws, but if we make decisions simply according to the application methods of conventional laws, it often backfires. In fact, for the sake of national politics and social stability, judicial organs in western countries often use procedural excuses to avoid some sensitive social issues.
Third, to provide guarantee for building a harmonious socialist society.
Building a harmonious socialist society is an important task for our party to build a well-off society in an all-round way. A harmonious socialist society contains six basic characteristics: democracy and the rule of law, fairness and justice, honesty and friendship, vitality, stability and order, and harmony between man and nature. Democracy and the rule of law require judicial organs to implement the principles of socialist legal system and build a socialist democratic country ruled by law; Fairness and justice require judges to distinguish right from wrong and uphold justice, so that the vast majority of people can enjoy the fruits of development; Honesty and friendship require that justice should be people-oriented, embody humanistic care, advocate and maintain equal and harmonious interpersonal relationships, and promote social honesty and friendship; Full of vitality, it requires the judiciary to protect the initiative of the masses, create a fair, open and just competitive environment, and stimulate social vitality; Stability and order require the judiciary to take maintaining social stability as its primary task and ensure long-term social stability; The harmony between man and nature requires the use of judicial means to punish illegal and criminal acts that damage the environment, properly adjust the relationship between man and nature, and ensure and promote sustainable development. We should fully understand the position and role of the court in resolving social contradictions and maintaining harmonious social relations. Standing at the height of history and times, the people's courts should shoulder the political responsibility of consolidating the party's ruling position, guide the people to express their interests through legal channels, and make the contradictory parties form a benign interactive and dynamic balance pattern as much as possible, promote social harmony, achieve long-term stability and ensure economic and social development.
In building a harmonious society, we should firmly grasp the key to understanding contradictions among the people. Within the framework of legal order, we should carefully consider the legitimacy and rank relationship of various interests, meet the reasonable and legitimate interests of the people to the maximum extent, and make the solution of social contradictions based on socialist values. We should carry out the work of resolving social contradictions throughout the judicial work. We should not only argue about justice, but also devote ourselves to alleviating conflicts, resolving contradictions, reducing social opposition and increasing harmonious factors.
In resolving social contradictions, improving the ability to resolve social contradictions should be regarded as an important content of judicial capacity building in the new period. In China, trial is not only a highly professional judicial work, but also a mass work with strong political, social and service. It not only needs the professional quality of organizing litigation activities and adjudicating disputes according to law by using legal rules, but also needs the ability and ability to creatively do mass work and mediate social contradictions through education, persuasion and influence. Therefore, high requirements are put forward for judges' judicial ability. The construction of judicial ability of people's courts should start from adapting to China's national system, political system and national conditions, take the ability to solve social contradictions as an important standard to measure and test judges' work level, strive to improve judges' policy level of accurately grasping the nature and characteristics of social contradictions, and enhance judges' affinity and communication and coordination ability, so as to adapt to the reality that "etiquette and custom" society and the people lack modern rule of law literacy. So as to more effectively quell disputes and reduce and prevent the harm of contradictions and disputes to society.
Fourth, guarantee the construction of socialist culture.
Culture is the soul of a nation and the spiritual bond to maintain national unity and national unity. In today's world, culture, economy and politics blend and penetrate each other. The power of culture is not only deeply rooted in the vitality, creativity and cohesion of the nation, but also increasingly becomes an important part of comprehensive national strength and international competitiveness. As a judicial organ, the people's court bears the important responsibility of providing judicial guarantee for ideological and moral and advanced cultural construction. We must adhere to the combination of ruling the country by law and ruling the country by virtue, firmly grasp the direction of advanced socialist culture, promote the construction of socialist spiritual civilization, and consolidate the ideological foundation of the United struggle of the whole party and the people throughout the country. It is necessary to safeguard and promote the healthy and smooth development of cultural undertakings and cultural industries in accordance with the law, punish illegal and uncivilized behaviors through trial and execution of various cases, resist the erosion of decadent capitalist ideology and culture, and carry forward scientific and cultural spirit, traditional virtues and public order and good customs. Strengthen the protection of intellectual property rights in accordance with the law and severely crack down on all kinds of illegal and criminal activities that infringe intellectual property rights. Protect the intellectual property rights enjoyed by citizens and legal persons according to law, constantly stimulate the creative vitality of all walks of life, all classes and even every member of society, strive to create a legal environment conducive to independent innovation, and promote the construction of innovative cities. At the same time, through public trials, legal publicity and other forms, we will enhance the transparency and credibility of the judiciary, expand the effect of handling cases, guide social subjects to carry out social activities according to law, carry forward socialist morality and advanced culture, and provide strong spiritual motivation and support for building a harmonious society.
Three, establish the concept of "serving the overall situation" on the specific requirements of the court work.
Serving the overall situation is not only a problem of the concept of rule of law, but also a practical problem. The key lies in the effectiveness of judicial work.
(a) with the overall situation in mind, and effectively enhance the overall awareness.
Minding the overall situation is the premise of serving the overall situation. The ancients said: "Those who do not seek the overall situation do not seek a domain, and those who do not seek the world do not seek a moment." No matter what kind of specific work, the scope of duties is an integral part of the overall situation of the whole party and the whole country; Therefore, when observing problems and handling work, we should not only concentrate on specific affairs, but also contact the overall situation of national construction and reform. Be good at planning and deploying work around the overall situation, and consciously adhere to thinking, deploying and acting under the overall situation. Whether the work of serving the overall situation is done well or not is not effective. We can't simply look at the number of cases handled, but ultimately look at the effectiveness of maintaining reform, development and stability and safeguarding and serving the overall situation of the socialist cause. Take the overall situation into consideration:
First of all, we should lay a solid ideological foundation for serving the overall situation. Only on the basis of scientifically and accurately understanding and grasping the overall situation can we truly unify our thoughts and actions to serve the overall situation. In peacetime, we should strengthen the study and investigation of major work and issues, especially seriously study and profoundly understand the party's line, principles and policies, major decision-making arrangements, the main contents and basic requirements of the overall work at this stage, and timely grasp the new requirements of the new situation and new tasks for political and legal work. Only in this way can we serve the overall situation in a timely, comprehensive and correct manner.
Secondly, we should be good at planning and deploying around the overall situation. We should learn to proceed from the overall situation, focus on the overall situation, consciously think, plan and deploy all the work in the overall situation, and strive to do the work of our department as a necessary link to safeguard the overall situation of the party and the country. Combined with their own responsibilities, seriously study and grasp the new requirements of the overall situation, and closely focus on the overall situation to find the focus and target methods of the work.
Third, we should be good at combining practical work with creative work. It is necessary to closely combine the actual situation of the region, the department and the unit, comprehensively and correctly implement the instructions of the central and higher authorities, creatively carry out work, and earnestly do a good job in combination, neither copying it, but also ensuring that it is not out of shape.
(two) based on their duties, conscientiously perform the functions of the trial.
Some people think that the overall situation is mainly a matter for high-level organs, and they just need to listen to greetings and do their own work well. This is obviously one-sided. The overall situation is not an "unreachable" goal, an empty sermon or an empty political declaration, but a true and practical embodiment of the work content and work effect. Doing one's job creatively is the most practical support and maintenance for the overall situation. Our daily work is closely related to the overall situation. Everyone's work is an important part of the overall situation and a necessary step and link to promote and realize the overall situation. Therefore, based on their own duties is the basis of serving the overall situation. If you don't do your job well, serving the overall situation is empty talk.
To correctly understand and handle the relationship between being based on one's own duties and serving the overall situation, we should pay attention to overcoming and correcting the current two wrong understandings and practices. One is that in the specific work we are engaged in, we can't see the goal-oriented and direction-leading role of the overall work, and we can't see the standards for testing the effectiveness of our specific work. In the end, it depends on the effect of serving the overall situation, only on efforts and not on direction and route; The other is to talk about serving the overall situation all day, that is, we can't take concrete and effective actions and actively promote and serve the overall situation by doing a good job.
(3) consciously adhere to the unity of "legal effect" and "social effect"
Why did China emphasize the unity of "two effects" so much? It can be said that this is closely related to the current social and economic situation in China. We can study it from two angles: the current situation of law application and the changes that are taking place in our society.
There may be two extremes in judicial practice:
One is to rigidly understand the applicable law, turn the law into a dogma that is unchangeable or must have a unique answer, treat judicial work in isolation with a simple business view, separate judicial work from the overall situation of reform and development, the party and the country, attach importance to political and legal work from the overall situation of building a socialist economy, politics, culture and harmonious society, and from the goal of ensuring services, and "play" its functions regardless of the overall situation;
Second, ignoring the basic requirements or reasonable meaning of the law, or even ignoring the provisions of the law, vulgarizing the "social effect" so that the law can obey the immediate needs or the needs of specific people at will, such as for the interests of local governments and departments, or for the likes and dislikes of leaders, and regard it as nothing; In order to deal with the case as soon as possible, illegal mediation closed the case; In order to compete for jurisdiction, they fabricated relevant facts, and even took everything as an excuse to serve the overall situation, and did things that were obviously beyond the statutory functions of the judicial organs.