Understanding of three provisions on preventing judicial intervention

Legal analysis: three provisions: provisions on leading cadres' intervention in judicial activities, intervention in the record, notification and accountability of specific cases; Provisions on the record and accountability of cases involving internal personnel of judicial organs; The Provisions on Further Standardizing the Communication between Judicial Personnel and Parties, Lawyers, Interested Parties and Intermediary Organizations builds a firewall to prevent judicial personnel from asking questions, and creates a fire-proof space for judicial activities from outside and inside, so as to ensure that judicial personnel are fair according to law.

The three provisions set up a barrier to prevent judicial interference and benefit transfer. The three provisions draw a striking red line for interfering with the judiciary and violating the rules, and provide a shield and barrier for judicial personnel to refuse interference and resist temptation. Justice cannot be interfered by power, money, human feelings and relationships. Three laws and regulations are the institutional guarantee to prevent these interferences. These three provisions provide a system that can be followed to ensure that the judicial organs exercise their functions and powers independently and impartially according to law.

Judicial organs are the last line of defense to safeguard social fairness and justice, and judges exercise judicial power entrusted by the state and shoulder the great responsibility of safeguarding social fairness and justice.

The particularity of judicial profession determines that judges should be properly isolated from social personnel. In this sense, the judge is a lonely profession.

The image of judges is not only related to individuals, but also to judicial credibility and even the public's belief in the rule of law. Being a judge means more restrictions on your private life, so you should be careful to go in and out of social occasions and even keep a proper distance from your relatives and friends. Judges should take the initiative to avoid words and deeds that may arouse reasonable doubts.

If the judge is found to have improper contacts with the parties and lawyers, even if the judge makes a fair judgment on the case, it will arouse people's doubts about judicial justice and shake people's trust in justice. The professional nature of judges requires that judges must always be honest and self-disciplined.

Legal basis: Three Provisions on Preventing Judicial Intervention Article 1 In order to implement the relevant requirements of the Central Committee's Decision on Comprehensively Advancing Several Major Issues of Governing the Country by 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 constitutional laws and in combination with the actual judicial work.

Article 9 If a leading cadre commits one of the acts listed in Article 8 of these Provisions, resulting in consequences or adverse effects, he 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 Communist Party of China (CPC), 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 a crime is constituted, criminal responsibility shall be investigated according to law.