Internalize active justice as the action consciousness of people s judges in the new era

Mondo Social Updated on 2024-02-07

The development and central tasks of the Party's cause determine the duties and missions of judicial work. To modernize trial work, the most important and crucial thing is to modernize the concept of adjudication. The concept of "active justice" in the new era provides tips for the people's courts to better practice "fairness and efficiency". People's judges must clearly establish a sense of action for "active justice" in terms of concept, truly perform their duties and missions, and serve the overall situation and the people's justice.

The "active judiciary" should be based on the strict performance of duties in accordance with the law. Whether or not a case is handled well has a direct impact on the people's perception of fairness and justice. Judges must earnestly do a good job of being the "first person responsible" for the quality of cases, ensuring the quality of cases through strict handling in accordance with law, and ensuring that there are no flaws in the substance and procedures. Secondly, it is necessary to find ways to optimize the operational efficiency of the team, improve the political quality and risk awareness of the team, standardize the working methods, clarify the list of responsibilities, and improve the efficiency of case handling under the pressure of a small number of cases. On the other hand, we should strengthen the ability of overall planning and coordination. Taking the handling of difficult, complex, or major and sensitive cases as an example, work mechanisms for the uniform application of law such as searches for similar cases, professional judges' conferences, adjudication committees, and reference cases should be actively used to ensure that the political direction of the case-handling process and outcome is correct. Make good use of the linkage mechanism of the real department, the linkage mechanism between the government and the hospital, and the mechanism for solving key problems, etc., to coordinate and promote the progress of handling, and prevent and resolve major risks.

We should strive to achieve the unity of the "three major effects". Judges are not cold law-applying machines. The modernization of the concept of adjudication requires judges to clearly understand that their work should not be confined to the legal platform and the courts, but must keep in mind the purpose of serving the people, and establish a sense of action to actively perform their duties in accordance with the law and innovatively. Using trial work as the starting point, seek to achieve the unity of the "three major effects"; Extend judicial functions forward, strengthen the governance of similar cases, increase the success rate of pre-litigation mediation, actively participate in popular legal education and governance in accordance with law, and deepen efforts to govern litigation sources with the goal of "no occurrence, less occurrence, and on-the-spot resolution"; Summarize judicial experience backwards, and promptly submit judicial suggestions to the party committee, **, or industry bodies in the jurisdiction in accordance with procedures for the widespread social problems discovered in the trial work, and contribute more trial wisdom to promote the modernization of the national governance system and governance capacity.

The report of the 20th National Congress of the Communist Party of China pointed out that it is necessary to build a modern socialist country in an all-round way on the track of the rule of law The people's courts are state adjudication organs under the leadership of the party, and the modernization of adjudication work is not only an important part of the modernization of political and legal work, but also an important guarantee for Chinese-style modernization. In the context of promoting the modernization of trial work, "active justice" should be regarded as an important starting point for improving judges' "six major abilities", with the goal of win-win, multi-win, and win-win, and the conclusion of cases to ensure that the government is connected and the people are reconciled, and earnestly practice "grasping the front end and curing the disease before it happens", so as to help the overall stability of society, the optimization of the business environment, and the construction of the rule of law.

Wen Haidian Court Li Jingyi.

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