Implementing Opinions of the Supreme People's Court on Fully Promoting the Trial-oriented Reform of Criminal Procedure System
Implementing Opinions of the Supreme People's Court on Fully Promoting the Trial-oriented Reform of Criminal Procedure System
Implementing Opinions of the Supreme People's Court on Fully Promoting the Trial-oriented Reform of Criminal Procedure System
Fa Fa [2017] No.5
February 17, 2017
Higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government, the Military Court of the People's Liberation Army as well as the production and construction corps branch of the Higher People's Court of Xinjiang Uygur Autonomous Region, all intermediate people's courts throughout the country, military courts of various units and various intermediate courts of Xinjiang Production and Construction Corps,
To implement the Opinions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, Ministry of State Security and the Ministry of Justice on Promoting the Trial-oriented Reform of Criminal Procedure System and comprehensively promote the reform work, the Supreme People's Court has formulated the Implementing Opinions of the Supreme People's Court on Fully Promoting the Trial-oriented Reform of Criminal Procedure System (the "Opinions"), which are hereby issued to you for your implementation in actual practice.
In order to better implement the Opinions in the trial practice, the following requirements are hereby put forward:
1. Fully understand the significance of reform, and set a clear direction for the reform. To promote the trial-oriented reform of criminal procedure system is a major decision made at the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China (CPC), is a realistic need of adhering to strict justice and ensuring the criminal justice, and is an inevitable requirement for improving the judicial protection of human rights, and embodies the Central Committee's scientific understanding and accurate grasp of the nature and law of the justice. People's courts of all levels shall fully understand the significance of the reform, accurately grasp the spirit of the reform and effectively implement various reform measures. Efforts should be made to give full play to the functions of the trial procedure, to ensure that the facts and evidence of case subject to investigation and examining prosecution withstand the examination of laws and realize substantive justice for case judgment via the procedure justice of court trial, so as to improve judicial credibility.
2. Strengthen organizational leadership and coordination to ensure the effectiveness of the reform. Since the promotion of the trial-oriented reform of criminal procedure system involves the overall situation of the political and legal work, people's courts of all levels shall closely communicate and coordinate with other political and legal organs by closely relying on the leadership of the Party committee and the supervision of the people's congress, to ensure the overall progress of the reform and effective implementation. The higher people's courts should attach great importance to the reform, establish leading groups led by key leaders to lead and strengthen guidance of inferior courts, and formulate feasible implementing plans for the purpose of promoting the reform within their jurisdictions.
3. Pay attention to systems exploration and, timely sum up the reform experience. In the process of reform, we should follow the law of criminal proceedings, and well deal with the relationship between punishing crimes and protecting human rights, substantive justice and procedural justice, judicial justice and judicial efficiency, mutual cooperation and mutual constraints, so as to ensure the steady progress of the reform. To boost the trial-oriented system reform, we should focus on the substantive reform of court trial and the strengthening of the testifying in court by the witness, the expert witness, the investigators and the lawyer's defense as emphasis. New situations and problems encountered and new experiences and practices explored during the implementation process shall be seriously summed up, and promptly reported to the Supreme People's Court one level after another.
The Circular is hereby given.
To carry out the Opinions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, Ministry of State Security and the Ministry of Justice on Promoting the Trial-oriented Reform of Criminal Procedure System, and ensure that those who are guilty are punished justly and those who are innocent are not prosecuted in criminal proceedings and to realize judicial justice, the opinions on fully promoting the trial-oriented reform of criminal procedure system by the people's courts are put forward as follows in accordance with the law and based on the trial practice:
I.
......
Fa Fa [2017] No.5
February 17, 2017
Higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government, the Military Court of the People's Liberation Army as well as the production and construction corps branch of the Higher People's Court of Xinjiang Uygur Autonomous Region, all intermediate people's courts throughout the country, military courts of various units and various intermediate courts of Xinjiang Production and Construction Corps,
To implement the Opinions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, Ministry of State Security and the Ministry of Justice on Promoting the Trial-oriented Reform of Criminal Procedure System and comprehensively promote the reform work, the Supreme People's Court has formulated the Implementing Opinions of the Supreme People's Court on Fully Promoting the Trial-oriented Reform of Criminal Procedure System (the "Opinions"), which are hereby issued to you for your implementation in actual practice.
In order to better implement the Opinions in the trial practice, the following requirements are hereby put forward:
1. Fully understand the significance of reform, and set a clear direction for the reform. To promote the trial-oriented reform of criminal procedure system is a major decision made at the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China (CPC), is a realistic need of adhering to strict justice and ensuring the criminal justice, and is an inevitable requirement for improving the judicial protection of human rights, and embodies the Central Committee's scientific understanding and accurate grasp of the nature and law of the justice. People's courts of all levels shall fully understand the significance of the reform, accurately grasp the spirit of the reform and effectively implement various reform measures. Efforts should be made to give full play to the functions of the trial procedure, to ensure that the facts and evidence of case subject to investigation and examining prosecution withstand the examination of laws and realize substantive justice for case judgment via the procedure justice of court trial, so as to improve judicial credibility.
2. Strengthen organizational leadership and coordination to ensure the effectiveness of the reform. Since the promotion of the trial-oriented reform of criminal procedure system involves the overall situation of the political and legal work, people's courts of all levels shall closely communicate and coordinate with other political and legal organs by closely relying on the leadership of the Party committee and the supervision of the people's congress, to ensure the overall progress of the reform and effective implementation. The higher people's courts should attach great importance to the reform, establish leading groups led by key leaders to lead and strengthen guidance of inferior courts, and formulate feasible implementing plans for the purpose of promoting the reform within their jurisdictions.
3. Pay attention to systems exploration and, timely sum up the reform experience. In the process of reform, we should follow the law of criminal proceedings, and well deal with the relationship between punishing crimes and protecting human rights, substantive justice and procedural justice, judicial justice and judicial efficiency, mutual cooperation and mutual constraints, so as to ensure the steady progress of the reform. To boost the trial-oriented system reform, we should focus on the substantive reform of court trial and the strengthening of the testifying in court by the witness, the expert witness, the investigators and the lawyer's defense as emphasis. New situations and problems encountered and new experiences and practices explored during the implementation process shall be seriously summed up, and promptly reported to the Supreme People's Court one level after another.
The Circular is hereby given.
To carry out the Opinions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, Ministry of State Security and the Ministry of Justice on Promoting the Trial-oriented Reform of Criminal Procedure System, and ensure that those who are guilty are punished justly and those who are innocent are not prosecuted in criminal proceedings and to realize judicial justice, the opinions on fully promoting the trial-oriented reform of criminal procedure system by the people's courts are put forward as follows in accordance with the law and based on the trial practice:
I.
......