"Three provisions" refers to:
On January 20, 2015, the General Office of the Communist Party of China issued the "Provisions on the Recording, Notification and Accountability of Leading Cadres Interfering with Judicial Activities and Interfering in the Handling of Specific Cases";
On June 22, 2015, the Political and Legal Committee of the Communist Party of China, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of Public Security, and the Ministry of Justice issued the "Provisions on the Recording and Accountability of Internal Personnel of Judicial Organs Prying into Cases";
On July 2, 2015, the Political and Legal Committee of the Communist Party of China, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of Public Security, and the Ministry of Justice issued the "Several Provisions on Further Regulating the Contact and Interaction of Judicial Personnel with Parties, Lawyers, Persons with Special Relationships, and Intermediary Organizations".
The promulgation of the "Three Provisions" is an important measure to promote judicial fairness and maintain the authority of governance. Its main contents include:
It clarifies the specific circumstances under which leading cadres and internal personnel of judicial organs must not interfere with judicial activities or meddle in the handling of specific cases;
It stipulates measures for recording, reporting and pursuing responsibility for violations of the "Three Provisions";
It regulates the conduct of judicial personnel in contact and interaction with parties, lawyers, persons with special relationships, and intermediary organizations.
The implementation of the "Three Provisions" is of great significance to preventing and punishing leading cadres from interfering in judicial activities and meddling in the handling of specific cases, standardizing the conduct of judicial personnel, and safeguarding judicial fairness and the authority of the rule of law.
Specifically, the "Three Provisions" provide a detailed list of the behaviors of leading cadres and internal personnel of judicial organs interfering in judicial activities and meddling in the handling of specific cases, including:
greeting, interceding, giving instructions, conveying instructions, and interrogating cases;
intervene in case investigation and evidence collection, case filing, investigation, review for prosecution, trial, enforcement and other links;
interfering with judicial personnel's lawful performance of duties in violation of regulations;
Exploiting one's authority to seek benefits for the parties to the case.
Violations of the "three provisions" will be dealt with according to the severity of the circumstances, such as criticism and education, admonishment talks, organizational handling, administrative sanctions, party discipline sanctions, political discipline sanctions, and legal investigation.
The "Three Provisions" also regulate the conduct of judicial personnel in contact and interaction with parties, lawyers, persons with special relationships, and intermediary organizations, including:
must not meet privately with case parties, lawyers, persons with special relationships, or intermediary organizations;
Banquets or gifts must not be accepted from parties to the case, lawyers, persons with special relationships, or intermediary organizations;
It is not allowed to engage in power-for-money transactions or benefit transfers with case parties, lawyers, persons with special relationships, or intermediary organizations.
The implementation of the "three provisions" has been widely supported and embraced by the whole society. In judicial practice, all localities and departments have conscientiously implemented the "Three Provisions" and effectively safeguarded judicial fairness and the authority of the rule of law.
Author:Niu Zhiqiang, more than 10 years of lawyer practice experience, member of Beijing Jiusan Society, excellent lawyer of law family insurance, history, psychology and Chinese culture lovers, if you have any other questions, please click "Ask Now" at the end of the article to interact,!