February 2016
Contents
Foreword
I. Chinese Court System and its Reform Process
II. Ensuring Independent and Impartial Exercise of Judicial Power Pursuant to Law
III. Strengthening the Judicial Protection Mechanism of Human Rights
IV. Improving the Functional Mechanism of Adjudicative Powers
V. Promoting Judicial Transparency
VI. Expanding Judicial Democracy
VII. Strengthening People-friendly Justice
VIII. Improving Professionalism of Court Personnel
IX. Enhancing the Information Technology Capacity of Courts
Conclusion
VII. Strengthening People-friendly Justice
Justice for the people and judicial justice are the main content of the people’s courts’ work. The SPC has been actively building an open, dynamic, transparent and people-friendly judicial mechanism in sunshine. Through reforming the case acceptance system, improving national judicial aid system, promoting litigation service center and people’s tribunal construction, and improving diversified dispute settlement mechanism, the SPC has been unceasingly improving people-friendly judicial mechanism.
To reform case acceptance system of courts. For the purpose of legally safeguarding the right of action of the party concerned and solving the issue of “difficult to file case”, the SPC has reformed the case acceptance system of courts, which reforms the case-filing review system into the case-filing registration system. As a result, for those cases that should be accepted by the people’s courts, the people’s courts will accept each of them and deal with each claim. The case-filing registration system takes effect as of May 1, 2015. Thereafter, the people’s courts will accept all the complaints submitted by the parties concerned as long as such complaints satisfy the form requirements and will handle such complaints within the statutory time limit. From May to December, there are more than 9.944 million filing cases registered by all the courts in China, increasing 29.54% YoY. The percentage of filing case registered on the spot reaches 95%, among which, civil cases increase 26.45% YoY, administrative cases 66.51% and criminal private prosecution cases 58.66%. According to the general opinions of all sectors of society, by the implementation of the case-filing registration system, they feel more comprehensiveness in the protection of litigation rights, more convenience for people to participate in litigation and more sunlight in the adjudication work of courts.
To strengthen the construction of the litigation services center. For the purpose of facilitating the people to institute lawsuits, the SPC has issued the Guiding Opinions on Comprehensively Promoting the Construction of Litigation Services Center in People’s Courts. Relying on the modern information technology, litigation service platforms such as litigation service hall, people’s court litigation service website, 12368 litigation service hotline, and mobile applications have been established to meet the diversified judicial demands of the people. Local courts in different regions set up litigation service centers successively to integrate various external business of courts which externally serves the society and people and internally serves judges and enhances adjudication efficiency. Anhui High People’s Court, through building a comprehensive, stereoscopic, multi-dimensional litigation service new model, promotes the construction of Anhui courts litigation service center and carries out management in a scientific, people-friendly and information way, The people’s courts at three levels in Jiangsu Province set up a unified 12368 litigation service platform which contains multi-functions such as litigation service, case-filing registration, and litigation-related petition. There are several working modules on such platform, including online case-filing, online payment, submission of materials, case inquiries, contact with judges, online complaint, online petition letter, online review of case files and appointment of audio recording. Luohu Primary People’s Court in Shenzhen, Guangdong has built WeChat official account platforms. It is convenient for the people to handle application for online case-filing, inquire the case progress, obtain litigation guidance and inquire credit record, etc.
To push forward people’s tribunal construction. The SPC has issued the Opinions on Further Strengthening the Work of Peoples Tribunals under New Situation which proactively promotes the tribunal structure characterized with center tribunals as primary courts and community tribunals and institutions for circuit trial as secondary courts and optimizes the geographic layout and personnel proportion of the people’s courts. Each primary people’s court will take into consideration the actual conditions of its own jurisdiction to construct direct case-filing working mechanism of people’s court in a scientific way. Chongqing High People’s Court requires that except for highly professional cases, all the cases may be accepted by the people’s tribunals directly for the convenience of the people to bring lawsuit right on the spot, which really alleviates the troubles of bringing a lawsuit. In the last three years, all the people’s courts in Chongqing have closed 183,574 civil cases in total, accounting for 25% of the total closed cases of first instance in all Chongqing courts. Given the fact that the rural areas of Chongqing have high mountains and steep cliffs which are not easily accessible by transportation, Chongqing courts have established 272 people-friendly litigation stations and 1,142 people-friendly contact sites and hired 6,227 people-friendly contact persons. The people living there could resolve their disputes without going out of their villages and could complete their lawsuits without going out of their towns.
To improve diversified dispute resolution mechanism. In April 2015, the SPC convened a promotion meeting of nationwide courts on the diversified dispute resolution mechanism reform work. In the meeting, 50 courts in China have been designated as demonstrative courts and the modern dispute resolution concept of “guidance by the State, promotion by the judiciary, participation by society with diversified measures and guarantee by rule of law” has been established, thus comprehensively deploying the reform work over the diversified dispute resolution mechanism. Firstly, various forms of litigation and mediation docking mechanism with standard operation shall be established. The systems of case diversion, pre-trial mediation, designated mediation, entrusted mediation, guest mediation and judicial confirmation shall be given full play. Secondly, to innovate efficient, convenient, flexible and open litigation and mediation connection method and fully make use of “internet +” technology to construct all-dimensional, multi-tiered, comprehensive dispute resolution network system so as to enhance dispute resolution efficiency. Thirdly, to improve the litigation and mediation docking relationship having solid foundations and benign interaction. The convergence mechanism between courts and administrative organs, people’s mediation organizations, industry mediation organizations, commercial mediation organizations and arbitration institutions shall be ameliorated to build a scientifically and systematically diversified dispute resolution system. In September 2015, the SPC and the China Insurance Regulatory Commission jointly designated 24 courts and units as demonstrative courts/units of litigation and mediation docking for insurance dispute resolution. This has produced replicable and propagable experience for the construction of dispute resolution mechanism in other fields. Meishan Intermediate People’s Court of Sichuan Province has fully mobilized and utilized all kinds of dispute resolution resources, and in 2014 solved 81.12% disputes by non-litigation methods, making cases that really go through trial procedures and are solved by adjudication only accounted for 5.19%, and has therefore formed the “Meishan experience” in litigation and non-litigation docking mechanism. Yuelu Primary People’s Court in Changsha, Hunan has solved a great number of disputes outside litigation process, by means of the improved pre-trial mediation procedure for certain types of cases, and the “trinity” dispute resolution mode of “pre-trial diversion, entrustment (of mediation) during the trial and judicial confirmation” that fully utilizes social mediation power. Judicial resources have been saved and judicial efficiency has been enhanced.
To improve national judicial aid system. The SPC together with other departments of the Central Government has published the Opinions on Improvement of the National Judicial Aid System. Local courts proactively explore the construction of a unified judicial aid processing mechanism and improve the national judicial aid system for case parties who have hardship in life and suffered harm from crimes or civil infringement but failing to obtain effective aid. In 2014 and 2015, the Central Government and local administrations have arranged total aid funds of RMB2.47 billion and RMB2.949 billion respectively. There are over 80,000 parties concerned which have received judicial aid in 2014.
To improve litigation-related petition work. In order to further strengthen and improve the litigation-related petition work and facilitate the people to lodge a lawsuit, the SPC has been strengthening the information construction of petition. The long-distance video petition acceptance system of the SPC launched in May 2014. The accepting judges can use the long-distance petition acceptance system to communicate “vis-à-vis” on behalf of the SPC with the court of first instance and the person who files a petition. Since its use from May of 2014, this system has completed more than 8,200 petition communications which greatly alleviates the troubles of running around of the people. In February 2014, the SPC launched an online complaint petition platform. Upon filling in the complaint petition information and submission of pertinent materials, the party concerned has completed the online complaint petition and may thereafter log on to inquire the progress and the feedbacks of the complaint petition at all times and places. The online complaint petition platform has unblocked the complaint petition channel and alleviated people’s burden. Upon the launch of the long-distance acceptance system and the online complaint petition system, a 33.6% YoY decrease of both the batches and persons visiting Beijing for petition has been witnessed.
VIII. Improving Professionalism of Court Personnel
The SPC has pursuant to the unified deployment of the country, cooperated with related departments of the Central Government, to reform the selection and appointment system of judges, to improve the classification management system of court personnel, to promote the establishment of separate post order and supporting remuneration system for judges, and to enhance professional sense of honor and mission of judges.
To reform the selection and appointment system of judges. The pilot areas will set up judges selection committees consisting of judge representatives and other social members at provincial level. Open, fair and impartial procedures of selection and appointment will be formulated in order to ensure only those excellent legal talents with good personal integrity, abundant experience and high professional expertise become judge candidates. In January 2015, Shanghai has initiated the selection and appointment work of judges with quota restriction. There are nine selection and appointment steps, namely, application and signing up, undertakings of posts, qualifications review, performance assessment, quota examination, adjudication committee interview, selection committee presentation and defense, party group check, appointment and removal by grades. After eight months’ selection based on merits, the first batch of 2,296 judges has become quota judges in all courts across Shanghai, accounting for 25.5% of the total authorized strength of courts. Up to December 31, 2015, Hainan, Qinghai, Jilin and Hubei have also successively completed the selection of quotas judges.
To improve the system of selecting judges level by level. The SPC has studied and formulated the reform scheme of selection of judges level by level and takes the lead of openly selecting judicial officers from the judges of inferior people’s courts. In October 2015, the SPC has selected 7 excellent judges from 62 applicants of local courts across China through strict selection procedures.
To build the recruit system of judges from qualified attorneys and law experts. In March 2014, the SPC has an open selection of high-level adjudication talents from law experts and scholars, attorneys, personnel practicing law in other institutions and has selected 5 out of 195 applicants (76 experts and scholars, 75 attorneys, 44 Party and government officers), based on merits, including experts and scholars, senior attorneys and excellent procurators. In 2015, Shanghai courts has selected and appointed 1 judge from social recruitment and Qinghai courts has selected and appointed 3 judges from social recruitment.
To push forward the scientific classification of court personnel. In order to optimize the human resources allocation of courts, Chinese courts categorize court personnel into judges, trial support personnel and judicial administration personnel and implement different management system over different category, so that each person has its own place and duties. The burdens of judges in terms of transactional and procedural works have been practically alleviated by means of improving the management systems of the trial support personnel such as judge assistants, court clerks, executors and judicial policemen and deciding the proportion between judges and trial support personnel in a scientific way. The SPC coordinates with relevant departments of the of the Central Government formulating the pilot plan for the post order reform of judge assistants and court clerks, improving the recruitment measures of judge assistants. All local courts have been broadening the sources of trial support personnel and exploring the optimization of trial support personnel structure via purchase of social services. Jiangsu High People's Court has been making efforts to advance the court clerk system reform. It has formulated the which define the position, quotas and responsibilities of court clerks. The proportion between frontline judges and court clerks reaches 1:1.1, which changes the former situation that one court clerk serve several judges and greatly alleviates the conflicts between hands and cases. Guangdong Province has promulgated the administration measures on judicial support personnel with labor contract. Guangzhou Intermediate People’s Court has added 143 judge assistants, 60 executor assistants and 120 court clerks for the Court through proactive efforts, which makes the proportion between judges and judge assistants and court clerks become 1:0.8:0.7. It has formulated a “three levels and nine grades” position management system. That is, the judge assistants and court clerks will be divided into three levels, senior, intermediate and junior with each level subdividing into three grades. Each grade has its corresponding remuneration package.
To establish the quota system for judges. Pilot areas take into account the economic and social development, population, quantity of cases, types of cases and other basic data within their jurisdiction as well as the level of trial, functions, workload of judges, allocation of trial support personnel and case-handling supporting conditions to determine the judge quotas for the courts of three levels in a scientific way. Such judge quotas shall be adjusted dynamically according to the case quantity and change of personnel structure. Guizhou courts have taken the reform on the adjudication organization structure as a starting point to determine a dynamic judges quotas by adopting the method of quotas dependent upon cases, which has realized more than 85% human resources joining the frontline of adjudication.
Upon trial implementation of quota judge system by courts in Shanghai, the number of front-line case-handling personnel increases by 18.5%. Based on the main indicator of case numbers, Guangdong approves the judge quotas of areas with “few cases and many personnel” such as Shantou to be 20.8% and the judges quotas of Guangzhou, Shenzhen and other 3 cities to be 46%.
To improve the separate post order and salary system for judges. The SPC has studied and formulated the and the in cooperation with other departments of the Central Government. Such pilot plans, relying on the judge grading system of “four levels and twelve grades” established by the and based on the quota judge system, have unhooked the grades of judges from the administrative ranks, fully reflected the professional traits of judges in terms of grades setting, promotion method, promotion period, percentage of selection for promotion, assessment and discipline and salaries system, and distinguished the personnel management system of judges from other civil servants. The pilot plans adopt a method of promotion upon certain period in combination of selection for promotion based on merits and special selection for promotion. Judges of the people’s courts at various levels might be promoted to certain grades according to their tenures even if they do not hold leadership positions as long as they exercise their duties seriously, without limitation on the number of posts. For promotion of relatively higher grades of judges, there is percentage or number control. For outstanding judges or as specially required by work, it is possible to make exceptional promotion or promotion over one grade. The pilot plans have established a separate salaries system for judges according to the professional characteristics of judges, which increase the salary level of judges by a relatively large percentage.
To build law research scholars and legal interns system. For the purpose of further strengthening the judicial cooperation and communications between the people’s courts and law schools and law scientific research institutions, and promoting the perfection of the training mechanism of legal professionals, the SPC has built up a law research scholars system and a legal interns system. 10 law research scholars and 50 legal interns have been admitted by the SPC from the candidates recommended by more than 40 law institutions of higher education and scientific research institutions. Under such system, the legal interns participate in recording cases, drafting documentations, doing special research and other trial supporting work under the guidance of judges as intern judge assistants or court clerks, which is conducive to exploring new model of category administration reform of court personnel.
To strictly regulate the conducts of court personnel outside their duties. The SPC together with relevant departments of the Central Government has published guidelines which prohibit six kinds of contact and communication of court personnel with case parties, attorneys, special privies, intermediary organizations and require the judicial personnel to welcome case parties, attorneys, special privies and intermediary organizations in working place and working hours during the period when he or she is handling cases. Judicial personnel, after he or she leaves his/her post in the judicial organ, may not act as litigation agent or defender of the cases handled by the original judicial organ. Those judicial personnel who are removed from his/her official post due to breach of laws or disciplines shall be banned from practicing law for his/her entire life.
IX. Enhancing the Information Technology Capacity of Courts
The information construction is of fundamental, comprehensive and strategic importance to the work of the people’s courts. For adapting to the new challenges under the era of “internet +”, the SPC has been making great efforts to advance the information construction 3.0 of the people’s courts and improve the information infrastructure in reliance of big data, and realize overall coverage, mobile internet, cross-field fusion, in-depth application, transparency and convenience, and security and controllability of all types of information.
To strengthen the information infrastructure construction. Under the unified guidance of the SPC, the comprehensive network connection, overall data coverage and provision of complete business has been realized among 3,512 people’s courts across China. There are 18,000 technology courts in China which “record every trial” for major cases. There are 2,160 or more sets of long-distance interrogation systems so that long-distance interrogation could be done between the people’s courts of superior level and the people’s courts of inferior level, and between the people’s courts and the detention houses. The SPC has set up point-to-point connection with 6 units such as the Ministry of Finance and the Ministry of Public Security, headquarter-to-headquarter connection with more than 20 financial institutions and aviation and railway departments. 23 high people's courts have set up point-to-point or headquarter-to-headquarter connection with relevant departments. As such, information reporting and submission, information sharing, enforcement check and control and credit punishment have achieved preliminary collaboration (between the people’s courts and other departments).
To improve the case information management system. 99% of the people’s courts in China have established case information management systems so as to circulate the information of the main process of adjudication activities online and conduct digital management of case files. Those systems also provide trial supporting intelligent services for judges, for instance online search for laws and regulations, case guidance, sentencing reference, one-click type-setting and intelligent error-correction. The unification of adjudication standards has been enhanced thereby. People’s courts use the information system to provide early warning to the trial limit, to monitor the case-handling process, to evaluate the case-handling risks, and to inspect court hearing acts, which help with the supervision and restriction over the adjudicative powers and enforcement powers. Courts in Beijing and Shanghai, etc. have combined personnel information and adjudication information of judges, in order to promote the performance appraisal of judges in a personalized and scientific way.
To realize the overall coverage of case information of all courts in China. The SPC has built an information centralized control management centre, whereby real-time live broadcasting of court hearing in four-level courts in China could be watched, communication and consulting with each other could be allowed, and data could be managed in a unified way. The SPC has also set up a data centralized management platform of people’s courts to store, demonstrate, exchange and classify Chinese courts information, through which the SPC could achieve real-time observation, dispatch and deploy the work of all Chinese courts. This platform will update the data of all Chinese courts every 5 minutes and has already collected more than 63 million case information and 34 million judgment documents in the recent 4 years, with a daily increase of 50,000 to 60,000 cases. It covers all case data, as all data of Chinese courts in terms of newly accepted cases, existing archived cases, closed cases and pending cases will be automatically generated and sent to the SPC. By establishing the mechanism of analyzing trial quality and efficiency, hot topics, specific type of cases, the SPC could learn about the trial situation and trial quality and efficiency of all Chinese courts in a real-time and dynamic way. 17 high people’s courts have set up information management centers and data centralized management platforms and utilized data to conduct dynamic analysis and provide judicial commendations to the local economic and social development.
To push the construction of digital courts. People’s courts at various levels innovate litigation service models and explore constructing “digital courts” which handle litigation business via internet, turning “people running” into “data running”. Courts in Jilin connect the working platform of judges to the internet. This “digital court” supports, support online case filing, evidence obtaining, trial, cross-examination, enforcement and complaint in an all-dimensional, whole-process and online way, integrate online and offline resources and promote the revolution of adjudicative manner. In May, 2015, Zhejiang High People’s Court designated Hangzhou Intermediate People’s Court, Xihu Primary People’s Court, Binjiang Primary People’s Court and Yuhang Primary People’s Court as the e-commerce online pilot courts to respectively try internet finance and online payment disputes, copyright infringement disputes, and online transaction disputes and their appellate cases. All litigation stages, including institution of complaints, mediation, case-filing (objection to jurisdiction), testification, cross-examination, court session and judgment rendering, have put online, breaking the space boundaries.
Conclusion
A new round of judicial reforms (i) has been insisting on the problem-orientation which starts from the underlying problems that affect judicial justice and hurdle judicial capability and from solving the most direct and most realistic interest problems that mostly concern the people; (ii) has been insisting on the combination of the compliance with the laws of judiciary and the national conditions of China and following the road of judicial reform with Chinese characteristics; and (iii) has been insisting on the advancement of reform in a gradual, legal and orderly way, on the combination of top-level design and pilot exploration so as to ensure the active and steady development of reform.
The understanding and support from the people is the source of power of the judicial reform. The sense of gain of the people is the evaluation standard of the judicial reform. In face of the new challenge of the era, new expectations of the people and new advancement of technologies, in the dictionary of the judicial reform of Chinese courts, there is only progressive tense but no perfect tense. In the near future, the people’s courts will continue to work around the aim of enabling the people to experience the fairness and justice in each and every judicial case, and solidly establish and practically implement the development concept of innovation, harmonization, green, openness and sharing, and unceasingly advance the judicial reform, and promote the modernization process of China’s governance system and capability, so that a Socialist adjudication power operation system with Chinese characteristics will be preliminarily formed and become an important component of the Socialist rule of law system with Chinese characteristics in 2018. And this will provide strong and powerful judicial guarantee for the achievement of the fighting object of “two one-hundred years” and the Chinese dream of great rejuvenation of the Chinese nation.
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