Rule number one 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 the judicial organs to exercise their functions and powers independently and impartially according to law, these Provisions are formulated in accordance with the provisions of the Constitution and in combination with the actual judicial work.
Rule number two 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.
Rule three. The organ responsible for leading the judicial work may follow the work when it is necessary to perform its duties? Procedures to understand the situation of the case, organize the study of judicial policies, coordinate the handling work 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 they shall not make specific decisions on the admissibility of evidence, fact finding and judicial judgment of the case.
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 should make a comprehensive and true record of leading cadres' intervention in judicial activities and the handling of specific cases, so as to leave traces throughout the process and have evidence to check.
In the name of the organization, a document is sent to the judicial organ for handling a case, or the staff and relatives around leading cadres interfere in judicial activities and intervene in the handling of specific cases. Judicial personnel shall truthfully record and save relevant materials.
Article 6? Judicial personnel truthfully record the behaviors of leading cadres in intervening in judicial activities and handling specific cases, which are protected by laws and organizations. Leading cadres shall not retaliate against judicial personnel. No judicial personnel may be dismissed, transferred, dismissed, demoted or dismissed without legal reasons or legal procedures.
Article 7? The judicial organ shall summarize and analyze the situation of leading cadres intervening in judicial activities and handling specific cases every quarter, and submit them to the Political and Legal Committee of the Party Committee at the same level and the judicial organ at a higher level. If necessary, you can report it immediately.
The Political and Legal Committee of the Party Committee should promptly study the intervention of leading cadres in judicial activities and the handling of specific cases, report to the Party Committee at the same level, and send a copy to the discipline inspection and supervision organs and the Party Committee Organization Department. If leading cadres interfere in judicial activities and handle specific cases, which belong to the management of higher-level party committees or other party organizations, they shall report to the higher-level party committees or inform other party organizations of the situation.
Article 8? Leading cadres who commit one of the following acts are illegal interference in judicial activities. After the approval of the Political and Legal Committee of the Party Committee, it will be announced to the public, and it can be made public when necessary:
(a) intercede for the parties to the case in the aspects of clue verification, filing, investigation, review and prosecution, and trial execution;
(2) Asking the case-handling personnel or the person in charge of the case-handling unit to meet privately with the parties to the case or their defenders, agents ad litem, close relatives and other people who have an interest in the case;
(3) instigating or conniving the staff or relatives around him to intercede for the parties to the case;
(four) in order to safeguard the interests of local or departmental, to listen to the report, hold a coordination meeting, send documents and other forms. Put forward tendentious opinions or specific requirements for case handling beyond the authority;
(five) other acts of illegal interference in judicial activities and obstruction of judicial justice.
Article 9? Leading cadres who commit one of the acts listed in Article 8 of these Provisions, resulting in consequences or adverse effects, shall be punished in accordance with the Regulations on Disciplinary Actions of People's Republic of China (PRC) Municipality, the Regulations on Disciplinary Actions of Civil Servants of Administrative Organs, the Regulations on Disciplinary Actions of Prosecutors (for Trial Implementation), the Regulations on Disciplinary Actions of Staff of People's Courts and the Regulations on Disciplinary Actions of China People's Liberation Army.
Those who cause unjust, false and wrong cases or other serious consequences and constitute a crime shall be investigated for criminal responsibility according to law.
Leading cadres who retaliate against judicial personnel shall be given disciplinary sanctions in accordance with the Regulations on Disciplinary Actions of the Party of China, Regulations on Disciplinary Actions of Civil Servants of Administrative Organs, Regulations on Disciplinary Actions of Public Prosecutors (for Trial Implementation), Regulations on Disciplinary Actions of Staff of People's Courts and Regulations on Disciplinary Actions of the People's Liberation Army of China. If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 10? Judicial personnel who fail to record or truthfully record leading cadres' intervention in judicial activities and handling specific cases shall be given a warning and informed criticism;
Those who fail to record or truthfully record the situation for more than two times shall be punished in accordance with the Regulations on Disciplinary Actions of People's Republic of China (PRC) Municipality, Regulations on Disciplinary Actions of Civil Servants of Administrative Organs, Regulations on Disciplinary Actions of Public Prosecutors (for Trial Implementation), Regulations on Disciplinary Actions of Staff of People's Courts and Regulations on Disciplinary Actions of China People's Liberation Army. If the leaders in charge instruct not to record or record truthfully, the leaders in charge shall be investigated for responsibility according to discipline and law.
Article 11? Leading cadres' intervention in judicial activities and the handling of specific cases should be incorporated into the responsibility system for building a clean and honest party style and the performance appraisal system, as an important basis for assessing whether cadres abide by the law, act according to law, and be honest and self-disciplined.
Article 12? The term "leading cadres" as mentioned in these Provisions refers to leading cadres with the status of national staff in party organs, people's congresses, administrative organs, CPPCC organs, judicial organs, procuratorial organs, military organs, companies, enterprises, institutions and social organizations at all levels.
Thirteenth these Provisions shall come into force as of March 6, 2065 +08.
Several Provisions on Further Standardizing the Communication between Judicial Personnel and Parties, Lawyers, Special Relationships and Intermediary Organizations
Rule number one In order to standardize the 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 in combination with the actual judicial work.
Rule number two 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.
Rule three. Judicial organs at all levels should establish a fair, efficient and clean handling mechanism, ensure that judicial personnel have no improper contact or communication with parties, lawyers, special stakeholders and intermediary organizations, effectively prevent the transfer of interests, safeguard the legitimate rights and interests of parties to cases, safeguard the unified and correct implementation of national laws, and safeguard social fairness and justice.
Article 4? Judges, prosecutors and investigators who have the withdrawal situation stipulated by law in litigation activities should voluntarily withdraw, 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.
Article 5? It is strictly forbidden for judicial personnel to have the following contacts and contacts with parties, lawyers, special interested parties and intermediary organizations:
(1) divulging the secrets of handling cases by judicial organs or other circumstances that are not allowed to be disclosed according to laws and regulations;
(2) recommending or introducing agents ad litem and defenders for the parties, or introducing cases for lawyers and intermediary organizations, and asking, suggesting or implying that the parties should change lawyers who meet the requirements for agency;
(3) Accepting guests, gifts or other benefits from parties, lawyers, special parties or intermediary organizations;
(4) Borrowing money, renting houses, borrowing vehicles, communication tools or other articles from parties, lawyers, special interested parties and intermediary organizations;
(five) in the entrusted evaluation, auction and other activities, there are acts of favoritism, malicious collusion with relevant intermediary organizations and personnel, fraud, illegal operation and so on;
(six) other improper contacts and exchanges between judicial personnel and parties, lawyers, special parties and intermediary organizations.
Article 6? In handling cases, judicial personnel shall receive the parties, lawyers, special parties and intermediary organizations in the workplace and during working hours. If it is really necessary to contact the parties, lawyers, special interested parties and intermediary organizations in non-working places and off-working hours due to the need of handling cases, the examination and approval procedures shall be handled in accordance with relevant regulations and approved.
Article 7? In the process of handling a case, if a judicial officer contacts a party, a lawyer, a special relationship person or an intermediary organization for unknown reasons or other reasons, he shall report the relevant information to the discipline inspection and supervision department of the unit within three days.
Article 8? After leaving the judicial organs, judicial personnel shall not act as agents ad litem or defenders in the original work units, except as guardians or close relatives of the parties.
Article 9? If judicial personnel violate these provisions, the parties, lawyers, specialized parties, intermediary organizations and any other organizations and individuals may report the situation or report to the relevant judicial organs.
Article 10? The discipline inspection and supervision department of the judicial organ shall promptly accept the clues that reflect or report the violation of these provisions by judicial personnel, record them comprehensively and truthfully, and carefully check them. Real-name reporting shall be verified within one month from the date of acceptance, and the verification results shall be fed back to the informant.
Judicial personnel who are not under the jurisdiction of the discipline inspection and supervision department of this unit violate these provisions and transfer relevant clues to the discipline inspection and supervision department with jurisdiction for handling.
Article 11? Judicial personnel who violate these provisions shall be given disciplinary sanctions in accordance with the Regulations on Disciplinary Actions of the Communist Party of China (CPC), the Regulations on Disciplinary Actions of Civil Servants of Administrative Organs, the Regulations on Disciplinary Actions of Staff of People's Courts, the Regulations on Disciplinary Actions of Public Prosecutors (for Trial Implementation) and the Regulations on Disciplinary Actions of People's Police of Public Security Organs, and shall be notified after approval according to procedures, and may be made public when necessary;
Those who cause unjust, false and wrong cases or other serious consequences and constitute a crime shall be investigated for criminal responsibility according to law.
Article 12? The judicial organ shall record the implementation of these provisions by judicial personnel in personal integrity files. This unit organizes the personnel department to implement this provision as an important basis for the annual assessment and promotion of judicial personnel.
Thirteenth judicial organs shall summarize and analyze the improper contact and communication between judicial personnel and the parties, lawyers, special stakeholders and intermediary organizations every quarter, and report to the Political and Legal Committee of the Party Committee at the same level and the judicial organs at higher levels.
Article 14 "Judicial personnel" as mentioned in these Provisions refers to those who perform the duties of trial, execution, prosecution, investigation and supervision in courts, procuratorates, public security organs, state security organs and judicial administrative organs according to law.
The term "special interested parties" as mentioned in these Provisions refers to parents, spouses, children, brothers and sisters who have an interest in the case or may affect the fair handling of the case.
The term "intermediary organizations" as mentioned in these Provisions refers to the institutions that provide agents, information technology services and other intermediary services to clients through professional knowledge and technical services according to law, mainly including the intermediary institutions entrusted by the parties to the case to engage in audit, evaluation, auction, sale, inspection or bankruptcy management services. These Provisions shall apply to notarization institutions and judicial authentication institutions that refer to "intermediary organizations".
Fifteenth the provisions shall come into force as of the date of promulgation.
Dehong Prefecture Public Security Bureau-Specific Contents of Three Provisions