20 15, Central Office, State Office, Central Political Commissar, The five ministries and commissions have successively promulgated the Provisions on Records, Reports and Accountability of Leading Cadres Intervening in Judicial Activities and Handling Specific Cases, the Provisions on Records and Accountability of Cases Asked by Members of Judicial Organs, and Several Provisions on Further Regulating the Communication between Judicial Personnel and Parties, Lawyers, Special Relationships and Intermediary Organizations. Three laws? .
Strictly implemented in the Supreme People's Procuratorate on August 20 19? Three laws? We will fully promote the centralized reporting system for major issues such as questioning, intervention, and intervention in procuratorial handling. Key minority? Grasp all the procuratorial police officers, moisten things quietly, and constantly purify the judicial environment.
? Three laws? Content:
Regulation 1: Provisions on leading cadres' intervention in judicial activities, record, notification and accountability for handling specific cases.
Article 1 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 that judicial organs independently and impartially exercise their functions and powers according to law, these Provisions are formulated in accordance with the provisions of the Constitution and in combination with the actual judicial work.
Article 2 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.
Article 3. The organ in charge of leading judicial work can understand the case according to the working procedures, organize research on judicial policies, coordinate the handling 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 it is not allowed to make specific decisions on the admissibility of evidence, the determination of facts and judicial decisions.
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 shall comprehensively and truthfully record the intervention of leading cadres 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 shall truthfully record the behaviors of leading cadres in interfering with judicial activities and handling specific cases, which shall be 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.
Seventh judicial organs shall summarize and analyze the situation of leading cadres' intervention 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 organs at higher levels. 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.
Eighth leading cadres have one of the following acts, which belongs to 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 the Communist Party of China (CPC), Regulations on Disciplinary Actions of Civil Servants of Administrative Organs, Regulations on Disciplinary Actions of 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. 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.
Tenth judicial personnel do not record or truthfully record the situation of leading cadres intervening in judicial activities and intervening in the handling of specific cases, and give 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 The interference of leading cadres in judicial activities and the handling of specific cases shall be incorporated into the responsibility system for building a clean and honest party style and the performance appraisal system, which shall serve as an important basis for assessing whether cadres are law-abiding, law-abiding, 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.
Regulation 2: Provisions on the record of interrogation cases and accountability of internal personnel of judicial organs.
Article 1 These Provisions are formulated in accordance with the provisions of the Constitution and laws, combined with the actual judicial work, in order to implement the relevant requirements of the Central Committee of the Communist Party of China's Decision on Comprehensively Advancing Several Major Issues in Governing the Country according to Law, prevent internal personnel of judicial organs from interfering in handling cases, and ensure fair and honest administration of justice.
Article 2 Internal personnel of judicial organs shall perform their duties according to law, strictly abide by discipline, and shall not interfere with the cases being handled by other personnel in violation of regulations, transmit the materials involved or inquire about the case for the parties in violation of regulations, and shall not intercede for the parties in any way.
Article 3 The case-handling personnel of judicial organs shall abide by the law, administer justice fairly, and shall not practice favoritism and malpractice. Refuse to interfere, interfere or inquire about cases by internal personnel of judicial organs; If the materials involved are not delivered according to due process or other requirements are put forward, they shall be informed to handle them according to procedures.
Article 4 If the leading cadres of judicial organs and the staff of judicial organs at higher levels need to give guidance opinions on the cases being handled because of their duties of leadership and supervision, they shall do so in writing according to the procedures, and if they do so orally, they shall be recorded by the case-handling personnel.
Article 5 If the staff of other judicial organs need to know the case being handled from the case-handling personnel because of their legal duties, they shall follow the legal procedures or working procedures.
Article 6 The case-handling personnel shall make a comprehensive and true record of the cases interrogated by the internal personnel of the judicial organs, so as to leave traces throughout the whole process, which is well documented.
Article 7 The case-handling personnel shall truthfully record the cases inquired by the internal personnel of the judicial organs and be protected by laws and organizations.
Internal personnel of the judicial organ shall not take revenge on the case-handling personnel. The case-handling personnel shall not be dismissed, transferred, dismissed, demoted or dismissed without legal reasons or legal procedures.
Article 8 The discipline inspection and supervision department of the judicial organ shall timely summarize and analyze the cases of internal personnel of the judicial organ, and deal with the clues of illegal intervention in handling cases by internal personnel of the judicial organ in the following ways:
(a) internal personnel in violation of the provisions of the intervention in handling cases, by the discipline inspection and supervision departments of this organ for investigation and handling;
(two) the leading cadres of this organ interfere with the handling of cases in violation of regulations, and report the situation to the discipline inspection and supervision department of the organ with the authority of cadre management;
(3) If a superior judicial officer interferes with a lower judicial organ in handling a case in violation of regulations, he shall report the situation to the discipline inspection and supervision department of the judicial organ where the intervener is located;
(four) other judicial personnel unrelated to the case interfere with the case in violation of the provisions, and report the situation to the discipline inspection and supervision department of the judicial organ where the intervener is located.
After receiving the report or notification, the discipline inspection and supervision department of the judicial organ where the intervener is located shall promptly investigate and handle it, and inform the discipline inspection and supervision department of the judicial organ to which the case-handling unit belongs.
Article 9 Any person inside a judicial organ who commits one of the following acts shall be involved in handling cases in violation of regulations. Judicial organs with cadre management authority shall be announced to the public after approval according to procedures, and may 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) Inviting case handlers to meet privately with the parties to the case or their defenders, agents ad litem, close relatives and other interested parties;
(three) in violation of the provisions of the parties to the case or their defenders, agents ad litem and relatives to transfer the materials involved;
(four) in violation of the provisions of the parties to the case or their defenders, agents ad litem and relatives to inquire about the case, tipped them off;
(five) other acts that affect judicial personnel to handle cases fairly according to law.
Article 10 Any functionary of a judicial organ who commits one of the acts listed in Article 9 of these Provisions, which constitutes a violation of discipline, shall be punished 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 Staff of People's Courts, Regulations on Disciplinary Actions of Public Prosecutors (for Trial Implementation) and Regulations on Disciplinary Actions of People's Police of Public Security Organs. If a crime is constituted, criminal responsibility shall be investigated according to law.
If the internal personnel of judicial organs take revenge on the investigators who truthfully record the cases they have questioned, they shall be punished in accordance with the Regulations on Disciplinary Actions of People's Republic of China (PRC), Regulations on Disciplinary Actions of Civil Servants of Administrative Organs, Regulations on Disciplinary Actions of Staff of People's Courts, Regulations on Disciplinary Actions of Prosecutors (for Trial Implementation) and Regulations on Disciplinary Actions of People's Police of Public Security Organs. If a crime is constituted, criminal responsibility shall be investigated according to law.
Eleventh investigators do not record or truthfully record the case of internal personnel of the judicial organs, give a warning, informed criticism; Those who fail to record or record truthfully for more than two times shall be punished in accordance with the Provisions of the People's Government of China on Disciplinary Actions of Producers, Regulations on Disciplinary Actions of Civil Servants of Administrative Organs, Regulations on Disciplinary Actions of Staff of People's Courts, Regulations on Disciplinary Actions of Public Prosecutors (for Trial Implementation) and Regulations on Disciplinary Actions of People's Police of Public Security Organs. If the leader in charge instructs not to record or record truthfully, the responsibility of the leader in charge shall be investigated according to law and discipline.
Article 12 Interrogation and interference in handling cases by internal personnel of judicial organs, and cases of internal personnel of judicial organs recorded by case-handling personnel should be included in the responsibility system for building a clean and honest party style and the performance appraisal system as an important basis for assessing whether cadres are law-abiding, law-abiding, honest and self-disciplined.
Article 13 The term "internal personnel of judicial organs" as mentioned in these Provisions refers to those who work in courts, procuratorates, public security organs, state security organs and judicial administrative organs.
These Provisions shall apply to the illegal intervention of retirees of judicial organs in handling cases.
Fourteenth 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 shall, in light of the actual work, formulate measures for the implementation of these Provisions to ensure that the relevant provisions are implemented.
Fifteenth the provisions shall come into force as of the date of issuance.
Regulation 3: Several provisions on further standardizing the communication between judicial personnel and parties, lawyers, special stakeholders and intermediary organizations.
Article 1 In order to standardize the contact and 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 combined with the actual judicial work.
Article 2 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.
Article 3 Judicial organs at all levels shall establish a fair, efficient and clean handling mechanism to ensure that judicial personnel have no improper contact or communication with parties, lawyers, special parties and intermediary organizations, effectively prevent the transfer of interests, safeguard the legitimate rights and interests of the parties to a case, safeguard the unified and correct implementation of national laws, and safeguard social fairness and justice.
Article 4 Judges, prosecutors and investigators shall withdraw from litigation activities, 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 forbidden for judicial personnel to have the following contacts with parties, lawyers, special 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 course of handling a case, if a judicial officer contacts a party, a lawyer, a special relationship person or an intermediary organization outside working hours or in the workplace due to unknown circumstances or other reasons, he shall report the relevant information to the discipline inspection and supervision department of his unit within three days.
Article 8 After leaving the judicial organs, judicial personnel shall not act as agents ad litem or defenders in their original units except as guardians or close relatives of the parties.
Ninth judicial personnel in violation of these provisions, the parties, lawyers, specialized parties, intermediary organizations and any other organizations and individuals can report or report to the relevant judicial organs.
Article 10 The discipline inspection and supervision department of judicial organs shall promptly accept clues that reflect or report judicial personnel's violation of these Provisions, 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 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 Staff of People's Courts, Regulations on Disciplinary Actions of Prosecutors (for Trial Implementation) and Regulations on Disciplinary Actions of People's Police of Public Security Organs. , and shall be notified after approval according to the 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.
Twelfth judicial organs 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 parties, lawyers, special interests 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 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 institutions that provide intermediary services such as agency and information technology services to clients through professional knowledge and technical services according to law, mainly including institutions entrusted by the parties to a case to engage in intermediary services such as auditing, evaluation, auction, sale, inspection or bankruptcy management. Notary institutions and judicial authentication institutions shall apply these provisions with reference to "intermediary organizations".
Fifteenth the provisions shall come into force as of the date of issuance.