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At present, both the courts and the procuratorate have implemented a personnel system.
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Legal analysis: It mainly includes the full implementation of the judicial responsibility system, the implementation of the first-class quota system for judges and procurators, and the strengthening of the trial-centered litigation system reform.
Legal basis: According to Article 8 of the "Law of the People's Republic of China on the Organization of Courts", the people's courts implement a judicial responsibility system and establish and improve the operational mechanism of judicial power with unified powers and responsibilities.
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<> report to the 17th National Congress of the Communist Party of China put forward the need to "deepen the reform of the judicial system, optimize the allocation of judicial functions and powers, standardize judicial behavior, build a fair, efficient and authoritative socialist judicial system, and ensure that judicial organs and procuratorial organs exercise judicial and procuratorial powers independently and impartially in accordance with the law", which put forward requirements and provided space for the reform of the judicial system to enter a new realm.
The reform of the judicial system is given a more important position in the reform of the entire political system, and it bears the mission of exploring the use of the rule of law to improve China's political system on the track of rule of law under the condition of governing the country according to the law, and explores the path of gradually advancing the reform of the political system in accordance with the law.
Deepening the reform of the judicial system and building a fair, efficient and authoritative socialist judicial system is an important measure to promote the modernization of the national governance system and governance capacity. The Third and Fourth Plenary Sessions of the 18th Central Committee of the Communist Party of China (CPC) made major decisions and arrangements for deepening the reform of the judicial system and put forward a series of major reform measures.
For example, we will promote the four pilot reforms with the judicial responsibility system as the core, improve the supporting systems for basic reforms such as the legal quota system, promote the reform of the litigation procedure system and trial mechanism, actively promote the reform of the court organizational structure, and solidly promote the pilot reform of the jury system. The 19th National Congress of the Communist Party of China put forward the task of deepening the comprehensive reform of the judicial system.
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Legal analysis: The reform of the judicial system refers to the realization of self-innovation, self-improvement and self-development within the basic framework of the judicial system stipulated in the Constitution by the national judicial organs (organizational system) and the national judicial system (legal system), and the construction of a modern socialist judicial system and judicial system with Chinese characteristics. The concept and connotation of the reform of the judicial system cover various elements such as the national judicial organs (organizational system), the national judicial system (legal system), the basic framework of the judicial system stipulated in the Constitution, the self-innovation, self-improvement and self-development of the judicial system, and the construction of a modern socialist judicial system and judicial system with Chinese characteristics.
Legal basis: "Opinions on the People's Courts' Implementation of the Reform of the Case Filing and Registration System" In order to fully protect the parties' litigation rights, effectively solve the problem of "difficulty in filing cases" reported by the people, reform the court case acceptance system, and change the case filing review system to a case filing registration system, the following opinions are put forward in accordance with the "Civil Procedure Law of the People's Republic of China", "Administrative Procedure Law of the People's Republic of China", "Criminal Procedure Law of the People's Republic of China" and other relevant laws. 1. The guiding ideology for the reform of the case filing and registration system.
1) Adhere to the correct political direction. Thoroughly implement the spirit of the Fourth Plenary Session of the 18th CPC Central Committee, adhere to the party's mass line, adhere to the principle of justice for the people, and promote the acceleration of the construction of a fair, efficient, and authoritative socialist judicial system through the reform of the case filing and registration system.
2) Persist in using the Constitution and laws as the basis. Safeguard the parties' exercise of their litigation rights in accordance with law, facilitate the parties' litigation, and be open, transparent, and efficient.
3) Persist in filing cases and reasoning when there are lawsuits. Courts must accept cases that meet the requirements prescribed by law in accordance with law, and no unit or individual may obstruct the court's acceptance of cases under any pretext.
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It mainly includes the full implementation of the judicial responsibility system, the implementation of the first-class quota system for judges and procurators, and the strengthening of the trial-centered litigation system reform.
For the full implementation of the judicial responsibility system, a series of supporting measures should also be improved: (1) improve the methods for the selection of judges and procurators, (2) establish supporting measures for the implementation of the withdrawal of posts, so that judges and procurators whose case-handling performance does not meet the requirements for the withdrawal of posts, (3) scientifically allocate case-handling teams, and combine specialization with flattening, (4) popularize scientific case-handling methods, with random case assignments as the mainstay, supplemented by designated case divisions, (5) strengthen the hierarchical evaluation of leading cadres' case-handling situations, and regularly report on them, (6) take multiple measures to supplement auxiliary personnel, Efforts should be made to achieve a 1:1 ratio at the provincial level: (7) Intensive internal management and external socialized purchase of judicial auxiliary affairs (8) Use informatization and big data to assist judges in handling cases, and establish a retrieval mechanism for similar cases and related cases, (9) Increase the training of bilingual judges and procurators in ethnic minority areas, and strengthen the cultivation of talents in border ethnic areas.
Legal basis. Article 8 of the "Organic Law of the People's Republic of China" provides that the people's courts implement a judicial responsibility system, establishing and completing mechanisms for the operation of judicial power that unify powers and responsibilities.
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First, the reform of the judicial management system is progressing in an orderly manner. Second, positive results have been achieved in the establishment of mechanisms for judicial protection of human rights. Third, the reform of the operational mechanism of judicial power has been gradually rolled out. Fourth, law enforcement and judicial measures to facilitate and benefit the people have been introduced one after another.
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