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《中国司法领域人权保障的新进展》白皮书(中英对照)I
2018-03-23 09:20:30    译聚网    国新网    



  逐步建立健全司法责任制,法官检察官办案主体地位更加凸显。逐步完善主审法官责任制、合议庭办案责任制和检察官办案责任制,明确法官、检察官办案的权力和责任,对所办案件质量终身负责,严格错案责任追究,形成权责明晰、权责统一、管理有序的司法权力运行机制。改革裁判文书签署机制,明确除审判委员会讨论决定的案件以外,法院院长、副院长、庭长对其未直接参加审理案件的裁判文书不再进行审核签发。明确法院院长、庭长除参加审判委员会、专业法官会议外,不得对其没有参加审理的案件发表倾向性意见,不得直接否定独任法官、合议庭意见。改革审判委员会制度,审判委员会评议实行录音、录像,全程留痕,所有参加讨论和表决的委员应当在审判委员会会议记录上签名,并建立审判委员会履职考评和内部公示机制。上海市试点法院直接由独任法官、合议庭裁判的案件比例达99.9%,提交审判委员会讨论的案件只有0.1%。


  公安部修订《公安机关执法质量考核评议规定》和《公安机关人民警察执法过错责任追究规定》,建立完善科学合理的执法质量考评机制,健全执法过错纠正和责任追究制度,对实施刑讯逼供、违法使用警械武器等行为的人员严格追究执法责任。国家有关部门发布《领导干部干预司法活动、插手具体案件处理的记录、通报和责任追究规定》和《司法机关内部人员过问案件的记录和责任追究规定》。各级法院的案件信息管理系统设立内外部人员过问案件信息录入专库,对领导干部干预司法活动和司法机关内部人员过问案件的情况,全面、如实、及时进行记录。2015年11月6日和2016年2月1日,12起领导干部干预司法活动、插手具体案件和司法机关内部人员违反规定过问案件的典型案例被先后公开通报,相关责任人被依法依规处理。


Improve the judicial accountability system, and enhance the central role of judges and prosecutors in case handling. We will improve the accountability systems of presiding judges, collegial benches, and prosecutors for the cases they handle. The powers and responsibilities of judges and prosecutors have been made clear, and they have lifelong accountability for the cases they adjudicate. A strict accountability system for misjudgments has been implemented. Thus a judiciary operation mechanism with clear distinction between and unification of powers and responsibilities, and well management has taken shape. The judiciary has reformed the signing of written judgments, with a clear provision that other than in cases decided by a judicial committee, the presidents, vice presidents and divisional chief judges will not review and sign the written judgments of cases they did not participate in. It has been made clear that presidents and divisional chief judges of people's courts are not allowed to air judgmental opinions on cases they did not hear, or negate the opinion of trial judges and collegial benches, unless they attended deliberations, on such cases at the judicial committees or meetings of judges with specialized knowledge.


Reform has been carried out in judicial committees. The deliberation sessions of judicial committees are recorded with audio-visual devices from beginning to end, and all committee members who have participated in the discussion and cast their votes must sign their names in the meeting minutes. A performance appraisal and internal public evaluation system has also been established for judicial committees. In pilot courts of Shanghai, the rate of cases handled independently by trial judges and collegial benches reached 99.9 percent of all cases, with only 0.1 percent of cases submitted to judicial committees for discussion.


The Ministry of Public Security amended the Regulations on the Appraisal of Law Enforcement by Public Security Organs, and the Regulations on Law Enforcement Accountability of People's Police of Public Security Organs, establishing a complete and effective appraisal system for monitoring the quality of law enforcement and for improving accountability in the investigation of misconduct during law enforcement. Forced confessions and illegal employment of police instruments or weapons are subject to strict investigation for their responsibility. The Chinese authorities issued the Regulations on the Recording, Notification, and Accountability Investigation of Leading Officials for Interventions in Judicial Activities and Handling of Specific Cases, and the Regulations on the Recording and Accountability Investigation of Staff Members of Judicial Organs for Their Intervention in Case Handling. People's courts at all levels have set up special archives in their case information management systems for recording internal and external interest and intervention in case-handling, so as to record in a complete, strict, and timely fashion any intervention in judicial activities by leading officials and any interest in cases expressed by staff members. On November 6, 2015 and February 1, 2016, 12 such cases were made public, and those adjudged to have transgressed received punishments pursuant to the law.




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