How to strengthen the supervision of the people's congress on the daily work of the people's courts

The trial work of the people's court is the last line of defense to safeguard the legitimate rights and interests of the people and ensure social fairness and justice, and the supervision of the National People's Congress is the highest "patron saint" of this line of defense. According to China's Constitution and laws, it is the National People's Congress Standing Committee (NPCSC)'s legal duty to supervise the daily work of the people's court at the same level. However, in practical work, due to inadequate ideological understanding and imperfect working mechanism, the supervision of the Standing Committees of the People's congresses at all levels has not played its due role, which is far from meeting the actual needs of the people.

Practice has proved that only by strengthening the National People's Congress Standing Committee (NPCSC)'s supervision over the work of the people's courts can we ensure judicial justice and safeguard the fundamental interests of the broad masses of the people. Combined with the provisions of the Constitution of our country, the supervision law of people's congresses at all levels and other relevant laws and regulations and work practice, in order to strengthen the supervision of the people's courts by the Standing Committee of the National People's Congress, we must focus on the following work:

First, strictly control the "entrance" and select the "operator". Judges of the people's courts are appointed by the Standing Committee of the People's Congress at the corresponding level except the president, vice-presidents and ordinary judges. However, the current appointment procedures are mostly formal review, lacking the actual inspection link before appointment, and it is impossible to ensure that the appointed personnel fully meet the job requirements. Therefore, in addition to routine inspection measures such as pre-job legal examination and presentation, we should also fully understand the professional ability and performance of the proposed personnel by auditing the trial, visiting the parties and lawyers of the case, and the staff of the case-handling cooperation unit, and arrange cadres with high legal quality, strong professional ability and high credibility to the trial posts, and keep cadres with problems in morality, ability, diligence, performance and honesty out of the trial posts. Ensure that the judicial staff appointed by the Standing Committee of the National People's Congress not only have the ability to handle cases, but also truly practice the purpose of justice for the people, so that the people have reason to believe in judges and their judicial decisions, and then believe in the socialist rule of law.

The second is to promote law enforcement through auditing to ensure procedural justice. Standing committees of people's congresses at all levels should organize deputies to people's congresses and members of the standing committees to attend the trial of specific cases by judges in the people's courts at the corresponding levels from time to time. In particular, it is necessary to strengthen the attendance and supervision of cases that have a significant impact on their administrative areas and are strongly reflected by the people, to ensure that judges strictly abide by legal procedures and conscientiously perform their judicial duties, and to ensure the substantive justice of cases with procedural justice. The standing committees of people's congresses at all levels should monitor and supervise according to the principle of not saying hello beforehand, not interfering in handling cases, and asking for explanations afterwards. They should neither listen to "inaction" nor "dominate" the substantive judgment of the case, but should focus on the compliance and execution of relevant litigation procedures. It is necessary to improve the judge's trial control ability and judgment ability through auditing, increase the confidence index of the parties and the public in the judgment results, and then improve the judicial credibility. It is necessary to improve the legal literacy of NPC deputies and members of the Standing Committee through auditing, and provide strong support for supervising and ensuring law enforcement.

Third, pay attention to hot issues and promptly urge rectification. The standing committees of people's congresses at all levels should open their minds, unblock the channels of public opinion expression, widely understand the hot and difficult issues that the people are concerned about, and determine the different work themes in different periods in time, so that the supervision of people's congresses can closely meet the actual needs of the people and truly "I should do what the people want." It is necessary to make full use of supervision means such as inspection and investigation, law enforcement inspection, listening to special work reports and special investigations, comprehensively understand and master the problems and deficiencies existing in the work of the people's courts, scientifically analyze the crux of the problem, study and put forward targeted opinions and suggestions, and submit them to the people's courts for rectification within a time limit, so as to ensure the effectiveness of rectification through follow-up supervision.

Fourth, strengthen case supervision and promote the overall improvement with case problems. The standing committees of people's congresses at all levels should attach great importance to cases of letters and visits involving law and litigation, take seriously the petition demands of the parties, handle them in strict accordance with the law, and follow up and supervise them. They can neither shirk their responsibilities on the grounds of judicial independence, nor provide "guiding" opinions for the people's courts. For letters and visits that are unreasonable and obviously lack of legal basis, we should do a good job in legal interpretation, eliminate unnecessary misunderstandings and doubts of the parties, persuade the parties to stop complaining, and fulfill their adjudication obligations according to law; The NPC Standing Committee should correctly supervise and correct the petition cases caused by ineffective work and improper procedures of the people's courts, and effectively protect the legitimate rights and interests of the parties. At the same time, the Standing Committee of the National People's Congress should ask the people's court to make a special report on a certain aspect of the work according to the universal problems reflected in the letters and visits cases in a certain period, focusing on reflection and rectification of outstanding problems in letters and visits, constantly improving ideological understanding and work level, and preventing similar problems from happening.

Five, strict accountability, establish supervision authority. In some places, some judges abused judicial power, bending the law and perverted the law, which not only caused irreparable damage to the parties, but also cast a thick shadow over the judicial credibility, impacting and trampling on the public's belief in the rule of law. To this end, NPC Standing Committees at all levels should establish and improve the accountability system for judicial personnel, refine the reasons and procedures for accountability, give full play to the role of supervision means such as inquiry, investigation of specific issues, dismissal, transfer to procuratorial organs and supervision departments for investigation, continuously increase accountability, establish NPC's supervisory authority, truly implement powers and responsibilities, and ensure that judicial personnel always abide by the law, strictly enforce the law, and prosecute offenders, so as to effectively enhance judicial credibility.