1. Basic requirements
The people's courts should follow the principle of convenient litigation and the national legal policy of protecting persons with disabilities, adhere to a problem orientation, implement policies according to the case, actively respond to the judicial needs of persons with disabilities, and ensure that Disabled persons can participate in litigation activities equally, fully and conveniently, and the ability and level of judicial services and security work for disabled persons should be continuously improved. The Disabled Persons' Federation shall perform its duties in accordance with the law and actively provide support and assistance for disabled persons to participate in litigation activities.
2. Strengthen communication and cooperation
When handling cases involving disabled people, we should strengthen cooperation with people’s organizations such as the Disabled Persons’ Federation, relevant government departments, units, communities, residents’ committees, villagers, etc. Committee communication, fully understand the situation, fully communicate and coordinate, promote the resolution of practical difficulties of disabled parties, and jointly safeguard the legitimate rights and interests of disabled people.
3. It is convenient for disabled people to file lawsuits
Cases involving disabled people with limited transportation can be filed directly by the people's court; actively use green filing methods such as online filing, door-to-door filing, and telephone filing. Channel, quick filing. If a disabled person really has difficulty in writing a complaint, he or she may file a complaint orally, and the people's court will record it; if the content of the submitted complaint is deficient or wrong, it shall be informed of the content that needs to be corrected at once and provide guidance.
4. Strengthen litigation guidance
It is necessary to strengthen the guidance and explanation of litigation procedures for parties with disabilities to ensure that they can exercise their litigation rights in accordance with the law. For disabled parties who find it difficult to collect evidence on their own, the conditions for investigation and evidence collection will be relaxed in accordance with the law. If one party applies for preservation, the method of preservation guarantee shall be reasonably determined based on the specific circumstances of the case and the actual circumstances of the party.
5. Apply the guardianship system in accordance with the law.
For persons with disabilities who have no capacity for civil conduct or have limited capacity for civil conduct, their guardians shall serve as their legal representatives. If the guardian has not been determined in advance, it can be determined through negotiation by a person with guardianship qualifications. If negotiation fails, a guardian will be appointed among those qualified for guardianship in accordance with the principles that are most beneficial to the ward and respect the true wishes of the ward. If there is no person with guardianship qualifications according to law, relevant organizations may be entrusted as litigation agents in accordance with Article 32 of the General Principles of Civil Law.
6. Promote litigation participation
7. Speed ??up the trial process
For cases involving disabled parties, the diversion should be simplified in accordance with the law and the efficiency of litigation should be improved. The court should be held as soon as possible, the judgment should be made promptly, the case should be concluded as soon as possible, and the case handling cycle should be shortened. Make full use of small claims litigation procedures, give full play to the advantages of first instance and final adjudication, and realize the legitimate rights and interests of disabled parties as soon as possible. For monetary payment cases with clear facts and clear creditor-debt relationships, disabled parties will be guided to apply for supervision procedures in accordance with the law and the cases will be quickly concluded with payment orders. Recourse for alimony, maintenance fees, childcare fees, pensions, medical expenses, labor remuneration, and the need to immediately return social insurance funds and social assistance funds shall be carried out first in accordance with the law.
8. Strengthen implementation.
If one party with a disability wins the lawsuit, but the other party does not automatically perform, the case will be transferred directly to enforcement, the enforcement process will be entered as soon as possible, enforcement will be strengthened, the case will be concluded quickly in accordance with the law, and the legitimate rights and interests of the disabled will be realized in a timely manner.
9. Strengthen legal aid
Within three days from the date of accepting a criminal case, inform the disabled defendant of his right to entrust a defender in accordance with the law; for those who are unable to entrust a defender due to financial difficulties or other reasons , inform them to apply for legal aid from the local legal aid agency, or apply for legal aid from the local Disabled Persons' Federation. Disabled victims in criminal cases, disabled private prosecutors, and disabled parties in civil and administrative cases who do not have a litigation agent due to financial difficulties should be informed that they can apply for legal aid from local legal aid institutions or local federations of persons with disabilities. After receiving an application for legal aid from a disabled party, the application shall be promptly transferred to a legal aid agency in accordance with the law.
10. Strengthen judicial assistance
Litigation fees should be reduced or reduced in accordance with the law for disabled parties who have real financial difficulties and meet the corresponding conditions. Disabled persons who meet the conditions for judicial assistance should be informed of their rights to apply for assistance.
Judicial aid should be provided to disabled parties who have already been provided with legal aid.
11. Appoint a defender promptly.
The criminal defendant is a minor disabled person, or an adult disabled person who is blind, deaf, mute, unable to fully recognize or control his behavior, or a disabled person who may be sentenced to life imprisonment or death, and there is no entrustment If a defender is required, the legal aid agency shall be notified to appoint a lawyer to provide defense in accordance with the law.
12. Severely punish crimes against persons with disabilities
For crimes that infringe upon the rights and interests of persons with disabilities, especially crimes that force persons with disabilities to work by means of violence, threats or restriction of personal freedom, Crimes of organizing disabled people to beg by means of violence and coercion, as well as crimes of organizing minor disabled people to commit theft, fraud, robbery, and extortion, shall be severely punished in accordance with the law, and the personal and property safety of disabled persons shall be effectively protected.
13. Lenient sentencing for disabled defendants in accordance with the law
Disabled defendants in criminal cases whose crimes are minor and do not need to be sentenced according to law may be exempted from criminal punishment; not yet If a mentally ill person who has completely lost the ability to identify or control his own behavior commits a crime, he may be given a lighter or reduced punishment; if a deaf-mute or blind person commits a crime, he may be given a lighter, reduced punishment or be exempted from punishment.
14. Handle cases where disabled people apply for state compensation.
For cases where disabled people apply for state compensation, attention should be paid to the rights claims raised by disabled people, and those who meet the acceptance conditions should be accepted as soon as possible in accordance with the law. Fully listen to the opinions of disabled people on compensation methods, compensation items and compensation amounts, and make timely compensation decisions in accordance with the law.
15. Improve the diversified dispute resolution mechanism for persons with disabilities.
For civil cases involving disabled people, we must actively carry out pre-litigation mediation, entrusted mediation and diversified mediation, and rely heavily on organizations such as the Disabled Persons’ Federation, People’s Mediation Committees, and grassroots judicial offices, as well as public security and transportation agencies. , labor security, medical and health and other relevant departments to jointly resolve disputes.
16. Give full play to the role of judicial consultation
During the trial and execution process, if it is discovered that the relevant unit has infringed upon the legitimate rights and interests of persons with disabilities or has not done enough to protect the rights and interests of persons with disabilities, it shall promptly Inform relevant units, local government departments, disabled people's federations, etc. , issue judicial recommendations when necessary, and follow up and supervise implementation.
17. Properly handle petition issues involving persons with disabilities in accordance with the law.
The people's courts should pay special attention to the parties to the appeals of persons with disabilities, receive and handle the appeals in a timely manner. It is necessary to carefully review petition materials, listen to opinions, and record visit information in a timely manner. Questions that can be answered on the spot should be answered immediately; questions that cannot be answered on the spot will be told to wait for processing within the specified period.
18. Improve the barrier-free facilities and services for litigation.
Vigorously promote the construction of barrier-free facilities in court reception venues and trial venues to facilitate disabled people's participation in litigation. Actively promote the construction of a barrier-free environment for information exchange, and allow relevant auxiliary personnel and escorts to accompany disabled parties to court according to the circumstances of the case.
19. Support the Disabled Persons’ Federation to perform its duties in accordance with the law
The Disabled Persons’ Federation should actively help disabled people obtain legal services. After receiving an application for legal aid, the Disabled Persons' Federation shall handle it in accordance with laws and regulations. The Disabled Persons' Federation may, upon request, assist disabled persons to apply for judicial relief from the People's Court.
20. The Disabled Persons’ Federation should proactively provide legal aid services to disabled people and actively cooperate with and support the people’s courts in hearing cases involving disabled people. The Disabled Persons' Federation should actively provide guidance, answer questions, interpret laws, and reason for disabled parties.
21. The Disabled Persons' Federation and the Disabled Persons Legal Aid Workstation can actively support disabled people, disabled people's organizations and disabled people's service agencies whose civil rights and interests have been harmed to file lawsuits in the People's Court in accordance with the law; they can participate in circuit trials in accordance with the law. , online court sessions, local mediation, online mediation and other litigation activities to provide necessary help and support to disabled parties.
22. The Disabled Persons’ Federation should actively cooperate with the People’s Court to contact and hire auxiliary personnel to provide sign language, Braille and other litigation auxiliary services to disabled parties to facilitate disabled people’s participation in litigation activities.
Protecting the legitimate rights and interests of persons with disabilities in accordance with the law in procuratorial work
1. When handling cases involving persons with disabilities, the People’s Procuratorate shall strictly comply with legal provisions and implement the Party and State’s regulations on disability Policies to protect the rights and interests of persons with disabilities, pay attention to care for and help disabled people, facilitate their litigation, take effective measures to prevent their rights and interests from being infringed, ensure their equal and full participation in litigation activities and social life, and promote their enjoyment and realization of legitimate rights and interests.
2. The People’s Procuratorate may designate a special person or set up a special team to handle cases of persons with disabilities. When handling cases, it is necessary to strengthen communication with people's organizations such as the Disabled Persons' Federation, relevant government departments, and units, communities, and village committees where disabled people work, actively understand the situation, listen to opinions, and do a good job in safeguarding the legitimate rights and interests of disabled people.
3. For criminal crimes that infringe on the life and property safety of disabled people, especially major cases that seriously infringe on the rights and interests of disabled people and cases that infringe on the interests of disabled groups, arrests and prosecutions must be made strictly and quickly in accordance with the law. Increase the intensity of suspected crimes.
4. Strictly crack down in accordance with the law on forced labor of mentally disabled people, abduction and trafficking of disabled women and children, organizing disabled people to beg by means of violence and coercion, organizing begging after intentionally injuring people with disabilities, and organizing, coercing, and instigating disabled people to engage in crimes. Activities and other cases.
5. Increase efforts to investigate and prevent job-related crimes that infringe on the rights and interests of persons with disabilities, and severely punish in accordance with the law the misappropriation, deduction, withholding, and corruption of funds and materials for education, rehabilitation, employment, social security, etc. for persons with disabilities, as well as those that occur in cases involving Occupational crimes in the fields of equipment procurement and engineering construction for disabled people.
6. When handling cases, the People’s Procuratorate discovers that relevant units have violated the legitimate rights and interests of persons with disabilities, and shall promptly issue procuratorial suggestions to relevant units in accordance with the law and urge them to make corrections. If the infringement of the legitimate rights and interests of persons with disabilities is serious and does not constitute a crime, the People's Procuratorate shall recommend that the relevant departments impose corresponding sanctions on the responsible persons; if it constitutes a crime, criminal liability shall be pursued in accordance with the law.
7. When the People’s Procuratorate interrogates a disabled criminal suspect for the first time or takes compulsory measures, it shall inform him or her of the right to appoint a defender and inform him and his close relatives that they comply with the provisions of the Supreme People’s Court and the Supreme People’s Court. According to Article 2 of the "Regulations on Legal Aid in Criminal Procedures by the People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice", you may apply for legal aid from a legal aid agency.
The People's Procuratorate shall, within three days from the date of receipt of the case materials transferred for review and prosecution, inform the disabled criminal suspect of the right to entrust a defender and inform him or her that they comply with the provisions of the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security. According to Article 2 of the "Regulations of the Ministry of Justice on Legal Aid in Criminal Procedures", he and his close relatives can apply for legal aid from legal aid institutions. For disabled victims, they and their legal representatives or close relatives should be informed that they have the right to entrust a litigation agent. If they have financial difficulties, they can apply for legal aid from a legal aid agency.
For blind, deaf, or mute criminal suspects, the People's Procuratorate shall take appropriate measures to inform them of their rights and ensure that they accurately understand the relevant regulations. For criminal suspects with intellectual disabilities, mental illness and disabled minor criminal suspects, the obligation to inform their legal representatives shall be fulfilled.
8. The criminal suspect is a minor with a disability, a blind, deaf or mute person, a mental patient who has not completely lost the ability to identify or control his own behavior, or a disabled person who may be sentenced to life imprisonment or death. If a defender is not appointed, the People's Procuratorate shall promptly notify the legal aid agency to appoint a lawyer to defend the case.
9. People’s Procuratorates should use instruments with caution when interrogating disabled criminal suspects. If there is a real personal risk and the equipment needs to be used, use should be stopped immediately after the actual danger is eliminated.
10. When the People’s Procuratorate examines and arrests a disabled criminal suspect, in addition to examining whether he or she meets the arrest conditions in accordance with the provisions of Article 79, Paragraph 1, of the Criminal Procedure Law of the People’s Republic of China, the People’s Procuratorate shall also The person's nature, facts, circumstances, subjective malignancy and physical condition shall be comprehensively considered to determine whether an arrest is necessary. If necessary, social activities shall be carried out on the criminal suspects with disabilities and their living environment.
If the failure to take compulsory measures or other compulsory measures does not hinder the smooth progress of the litigation, a decision shall be made not to approve the arrest or not to arrest. If you can't catch it, don't catch it. However, if multiple intentional crimes are not enough to prevent social danger, the arrest shall be approved or decided in accordance with the law.
11. After a disabled criminal suspect or defendant is arrested, the People’s Procuratorate shall regularly review the necessity of detention and comprehensively consider the progress of investigation and evidence collection, changes in case facts, circumstances and evidence, and the nature of disability crimes. Factors such as the physical health status of suspects and defendants. If it is unnecessary or inappropriate to continue detention, the compulsory measures shall be changed in accordance with the law or the relevant authorities shall be advised to change the compulsory measures.
12. When the People's Procuratorate handles criminal cases for persons with disabilities and meets the conditions stipulated in the "People's Procuratorate Criminal Procedure Rules (Trial)", and both parties reach a settlement agreement, they should be treated leniently. If the conditions for non-prosecution stipulated in the law are met, a decision should be made not to prosecute; if a public prosecution is required according to the law, a sentencing recommendation for a lighter, reduced or exempted punishment should be made to the people's court.
13. The People’s Procuratorate generally does not file cases in which the disabled defendant pleads guilty and actively compensates for losses and the victim expresses forgiveness, criminal cases involving minor disabled persons and cases in which the crime of a disabled person has statutory lenient or mitigating circumstances. Protest.
14. If the People’s Procuratorate discovers that detention centers, prisons and other regulatory agencies have committed illegal acts in terms of custody management, education and rehabilitation of disabled detainees, it shall put forward rectification suggestions in accordance with the law; if it finds that detention centers, prisons and other regulatory agencies have not treated disabled detainees If personnel are provided with corresponding care in terms of daily life, medical care, etc., and if appropriate protective measures are not taken, regulatory authorities should be urged to make corrections through procuratorial recommendations and other means.
Disabled criminals may be given leniency in accordance with the law if they are commuted, paroled, or temporarily allowed to perform prosecutorial work outside prison, except for disabled criminals who have committed multiple intentional crimes.
15. If the People’s Procuratorate discovers that community correction institution staff have beaten, corporally punished, insulted, humiliated, or forced them to participate in overtime or physical community service, they shall provide rectification opinions in accordance with the law. If the circumstances are serious enough to constitute a crime, criminal responsibility will be pursued in accordance with the law.
16. If the People’s Procuratorate discovers that staff of compulsory medical institutions beat, corporally punished, abused, or disguised corporal punishment or abused mental patients who were subjected to compulsory medical treatment, or used instruments and restraint measures on mental patients who were subjected to compulsory medical treatment in violation of regulations, Corrective opinions should be put forward in accordance with the law. If the circumstances are serious enough to constitute a crime, criminal responsibility will be pursued in accordance with the law.
17. Complaints, reports and appeals against persons with disabilities must be handled quickly and in accordance with the law to shorten the processing cycle. Cases that do not fall under the jurisdiction of this court should be accepted first, and then transferred to the competent authorities in a timely manner, and the disabled persons who lodged appeals, reports and complaints should be notified.
18. When reviewing criminal complaint cases involving persons with disabilities, the opinions of the complainants with disabilities or their agents shall be carefully listened to, relevant issues shall be verified, and the opinions of the original case-handling department, the original review department or the original case-handling personnel shall be heard. , fully understand the handling of the original case, carefully review and verify the evidence and clues related to the case, ascertain the facts of the case, and handle it in accordance with the law.
19. Disabled parties submit procuratorial suggestions or protests to the People’s Procuratorate against legally effective civil or administrative judgments or mediation documents, or file complaints with the People’s Procuratorate because they believe that the enforcement activities of the People’s Court violate the law or that the judge violates the law. If the procuratorate applies for supervision, the people's procuratorate shall accept and review it in a timely manner. If there is indeed a violation of the law, it shall make procuratorial suggestions or protest in accordance with the law to effectively safeguard the legitimate rights and interests of persons with disabilities.
20. Cases in which disabled persons apply for state compensation that meet the acceptance conditions shall be handled quickly in accordance with the law, and the opinions of disabled persons or their agents shall be fully listened to. For cases where compensation is required according to law, compensation decisions should be made promptly and implemented.
21. For legal-related petition cases involving persons with disabilities, the People’s Procuratorate must seek lawyers for persons with disabilities in accordance with the requirements of the "Opinions of the Central Political and Legal Affairs Commission on Establishing a System for Lawyers to Participate in Resolution and Representation of Legal-Involving Petitions (Trial)" Help provide convenience, provide support for lawyers' reasonable requests such as reviewing files, checking, and understanding the case, carefully study the handling opinions put forward by lawyers, and provide timely feedback.
For cases with errors or defects, legal procedures should be introduced in a timely manner to resolve them.
22. When handling cases and handling letters and calls involving law and litigation, the People's Procuratorate should take the initiative to understand the family lives of disabled parties and inform disabled people who meet the national judicial assistance conditions of their right to apply for assistance. Applications for assistance from persons with disabilities should be accepted and reviewed promptly; if they meet the conditions for assistance but do not apply, assistance procedures will be initiated ex officio. If the conditions for assistance are met, the opinions on granting assistance and the specific amount of assistance should be promptly submitted, and the funds should be released in a timely manner after completing relevant approval procedures.
23. The newly built reception venues of People’s Procuratorates at all levels should meet the relevant requirements for barrier-free facilities. Existing reception venues that do not meet the requirements for barrier-free facilities should be gradually renovated to facilitate the entry and exit of disabled people.