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2) Optimize the allocation of judicial functions and powers. Complete systems and mechanisms for public security organs, procuratorial organs, adjudication organs, and judicial-administrative organs to perform their respective duties, and for investigative, procuratorial, adjudicatorial, and enforcement powers to cooperate with and restrain each other.
3) Promote strict administration of justice. Persist in taking the facts as the basis and the law as the measure, completing a legal system in which the determination of facts conforms to objective truth, the outcome of case handling conforms to substantive justice, and the case-handling process conforms to procedural fairness. Strengthen and standardize judicial interpretations and case guidance, and unify standards for the application of law.
4) Ensure the public's participation in the judiciary. Persist in the people's judiciary for the people, rely on the people to advance a fair judiciary, and protect the people's rights and interests through a fair judiciary. Ensure the public's participation in judicial activities such as judicial mediation, judicial hearings, and litigation-related petitions.
Improve the people's assessor system, safeguard citizens' right to participate in trials, expand the scope of trial participation, improve methods for random selection, and increase the credibility of the people's assessor system. Gradually implement that people's assessors no longer hear issues of the application of law, and only participate in the trial of issues of determination of facts.
5) Strengthen judicial safeguards for human rights. Strengthen institutional safeguards for the rights of parties and other litigation participants in the course of litigation to know, to make statements, to defend and debate, to apply, and to appeal. Complete legal systems for implementing legal principles such as the legality of crimes, the absence of suspected crimes, and the exclusion of illegal evidence.
Improve judicial oversight of judicial measures and investigative methods that restrict personal liberty, strengthen the prevention of extortion of confessions by torture and illegal evidence collection at the source, and complete mechanisms for effective prevention and prompt correction of unjust, false and wrongly decided cases.
Decision of the Communist Party of China on Comprehensively Advancing the Rule of Law and Comprehensively Promoting the Rule of Law and Acting in Major Issues" Article 4: Ensure judicial impartiality and increase judicial credibility.
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To increase the credibility of the judiciary, it is necessary to rely on means such as safeguarding judicial fairness, deepening judicial reform, improving the judicial system, and strengthening judicial publicity. In addition, the public should also actively participate in judicial supervision and build trust and support for judicial work.
Judicial credibility refers to people's degree of trust and support for judicial organs and their work, and is an important indicator of judicial authority and effectiveness. To improve the credibility of the judiciary, we need to start from the following aspects:1
Safeguard judicial fairness. Strengthen judicial independence, resolutely curb interference in judicial activities, strictly enforce the law, and ensure that every case is handled fairly. 2.
Improve the judicial system. Complete and complete judicial systems and processes, speed up trial procedures, reduce erroneous judgments and loopholes, and improve the level and accuracy of judicial professionalism. 4.
Strengthen judicial publicity. Use all kinds of ** to publicize judicial knowledge and the spirit of the law, and improve the public's recognition and trust in the judicial organs. 5.
Active participation of the public. Establish judicial supervision mechanisms so that the public can supervise whether judicial work is fair and reasonable, and enhance the public's trust and support for judicial work.
What is the independence of the judiciary? How can the independence of the judiciary be guaranteed? Judicial independence refers to the principle that judicial organs exercise judicial power independently and independently without illegal interference from administrative organs, legislatures, and other organizations and individuals in adjudication activities.
Guaranteeing the independence of the judiciary requires the following aspects:1Exercise judicial power independently in accordance with law.
Judicial organs shall exercise judicial power independently in accordance with law, resolutely preserve judicial independence, and not be subject to any interference or influence. 2.Establish a sound judicial management system.
Strengthen the management of judicial work, establish a scientific and rational evaluation system, and ensure the impartiality and independence of judicial personnel in the exercise of their powers. 3.Strengthen supervision of judicial work.
Establish and improve mechanisms for judicial supervision, strengthen supervision of judicial work, and promptly correct and handle misconduct. 4.Promote judicial openness.
Increase the degree of judicial openness, so that the public can grasp and understand the process and results of judicial work, and enhance judicial credibility.
Enhancing the credibility of the judiciary is a necessary means to maintain the authority and effectiveness of the judiciary. We need to uphold judicial fairness, deepen judicial reform, improve the judicial system, strengthen judicial publicity, and encourage the public to actively participate in judicial supervision, so as to jointly promote the development of judicial fairness, transparency and openness.
Legal basis]:
Article 309 of the Criminal Law of the People's Republic of China: Whoever has any of the following circumstances that disrupt courtroom order shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release, or a fine: 1) Gathering a crowd to make a disturbance or storm the courtroom; (2) Assaulting judicial personnel or litigation participants; (3) Insulting, slandering, or threatening judicial personnel or litigation participants, not listening to the court's stops, and seriously disrupting the court's order; (4) Conduct that disrupts courtroom order, such as destroying courtroom facilities, snatching or destroying litigation documents or evidence, where the circumstances are serious.
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1) Improve the system for ensuring the independent and impartial exercise of the power to adjudicate and revoke the procuratorial power in accordance with the law; (2) Optimize the allocation of judicial functions and powers; (3) Promote strict chain and chain justice; (4) Ensure the people's participation in the judiciary; (5) Strengthen judicial protections for human rights; (6) Strengthen supervision of judicial activities.
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Judicial fairness plays an important leading role in social justice, and judicial injustice is fatal to social justice. It is necessary to improve the judicial management system and the mechanism for the operation of judicial power, standardize judicial conduct, and strengthen supervision over judicial activities. Specific measures to ensure justice and improve judicial credibility are embodied in the following six aspects.
1) Improve systems to ensure the independent and impartial exercise of adjudication and procuratorial powers in accordance with law.
2) Optimize the allocation of judicial functions and powers.
3) Promote strict administration of justice.
4) Guarantee the people's participation in the judiciary.
5) Strengthen judicial protection of human rights.
6) Strengthen supervision of judicial activities.
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The party's good support for the judiciary is to ensure judicial impartiality and enhance judicial credibility.
The premise of ensuring judicial impartiality and enhancing judicial credibility is to improve the system for ensuring the independent and impartial exercise of judicial and procuratorial powers in accordance with the law. On October 30, 2014, the State Council Information Office held a press conference on the significance of the Decision of the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China.
**The person in charge of the Office of the Leading Group for the Reform of the Judicial System put forward six reform requirements in the fourth part of the "Decision", "Ensuring Judicial Fairness and Improving Judicial Credibility".
In order to ensure judicial impartiality and enhance judicial credibility, the most important point that needs to be permeated is that everyone is equal before the law. Ensure the fairness, impartiality and openness of the law. There must be no power greater than law!
Otherwise, if the judiciary obeys or is subordinate to the leader, then the law will be so pale and powerless.
Improve systems to ensure the independent and impartial exercise of judicial and procuratorial powers in accordance with law. Party and government organs and leading cadres at all levels should support the courts and procuratorates in exercising their functions and powers independently and impartially in accordance with the law. Establish systems for recording, reporting, and pursuing responsibility for leading cadres interfering with judicial activities or meddling in the handling of specific cases.
No party or government organ or leading cadre may allow a judicial organ to do anything that violates its statutory duties or obstructs judicial fairness, and no judicial organ may carry out the request of a party or government organ or leading cadre to illegally interfere with the activities of Si Zhi's law-guessing activities. Those who interfere with the handling of cases by judicial organs are to be given party and government disciplinary sanctions; Where unjust, false and wrongly decided cases or other serious consequences are caused, criminal responsibility is pursued in accordance with law.
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