2. the Supreme People's Court's opinion on comprehensively promoting the reform of the trial-centered criminal procedure system.
Fa fa fa 20 17 No.5
Higher People's Courts of all provinces, autonomous regions and municipalities directly under the Central Government, Military Courts of the People's Liberation Army, and Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region; Local intermediate people's courts throughout the country, military courts of major units, and intermediate courts of Xinjiang Production and Construction Corps:
In order to implement the opinions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of National Security and the Ministry of Justice on promoting the reform of the trial-centered criminal procedure system, and comprehensively promote the reform work, the Supreme People's Court has formulated the Implementation Opinions on Comprehensively Promoting the Reform of the Trial-centered Criminal Procedure System (hereinafter referred to as the Implementation Opinions), which are hereby printed and distributed to you. Please refer to the actual trial work.
In order to better implement the "Implementation Opinions" in trial practice, we hereby put forward the following requirements:
1. Fully understand the significance of reform and make clear the direction of reform. Promoting the reform of the trial-centered criminal procedure system is an important decision made by the Fourth Plenary Session of the 18th CPC Central Committee, a realistic need to adhere to strict justice and ensure criminal justice, an inevitable requirement to improve judicial protection of human rights, and an embodiment of the central government's scientific understanding and accurate grasp of the nature and laws of justice. People's courts at all levels should fully understand the great significance of reform, accurately grasp the spirit of reform, and do a good job in the implementation of various reform measures. It is necessary to give full play to the function of the trial procedure, ensure that the factual evidence of the case investigated, examined and prosecuted can stand the test of the law, realize the substantive justice of the case judgment through the procedural justice of the trial, and improve the judicial credibility.
2. Strengthen organizational leadership and coordination to ensure that the reform is effective. Promoting the reform of criminal procedure system centered on trial involves the overall situation of political and legal work. People's courts at all levels should closely rely on the leadership of the Party Committee and the supervision of the National People's Congress, and closely communicate and coordinate with other political and legal organs to ensure that all reforms are coordinated and implemented. All higher people's courts should attach great importance to it, set up a leading group headed by the main leaders, lead the reform work in a unified way, strengthen guidance, formulate specific and feasible implementation plans, and solidly promote the reform work in their respective jurisdictions.
3. Pay attention to system exploration and summarize the reform experience in time. In the process of reform, we should follow the law of criminal procedure, handle the relationship between punishing crimes and protecting human rights, substantive justice and procedural justice, judicial justice and judicial efficiency, and cooperate and restrict each other to ensure the steady progress of reform. We should focus on the substantive reform of court trial, focus on strengthening witnesses, experts and investigators to testify in court and lawyers to defend, and strive to promote the reform of court trial system. New situations, new problems, new experiences and new practices arising in the implementation process should be carefully summarized and reported to the Supreme People's Court in a timely manner.
I hereby inform you.
the Supreme People's Court
20 17 February 17