The Supreme People’s Court： In the past five years, 101 ＂tigers＂ at or above the provincial and ministerial levels have been tried.
The Second Plenary Session of the First Session of the 13th National People’s Congress was held on the 9th to hear Zhou Qiang, President of the Supreme People’s Court’s report on the Supreme People’s Court’s work. Referring to this year’s work proposal, Zhou Qiang said that he would severely crack down on criminal activities such as infiltration, subversion, violent terror and ethnic division, actively participate in the special struggle to eliminate evils, and severely punish crimes involving guns, explosives, pornography, drugs, pyramid selling and trafficking according to law. Punish duty crimes according to law, severely punish corruption crimes that occur around the masses, and promote the organic connection between judicial trials and state supervision. Punish stakeholder crimes such as fund-raising fraud and illegal absorption of public deposits according to law. In addition, Zhou Qiang also reviewed the work in the past five years.
Beat tigers and flies
Life imprisonment was applied for the first time in Bai Enpei case.
"Corruption and bribery" is the common vocabulary of the two reports. Zhou Qiang, president of the Supreme Court, said that we should persist in "fighting tigers and catching flies", always keep a high-handed attitude towards corruption crimes, improve the trial mechanism of duty crime cases, and severely crack down on and deter corrupt elements.
He said that in the past five years, he has worked with the Supreme People’s Procuratorate to formulate judicial interpretations for handling corruption and bribery cases, and concluded 195,000 cases and 263,000 cases of corruption and bribery. Among them, the defendants were 101 cadres at or above the provincial level and 810 cadres at the bureau level.
The Beijing Youth Daily reporter learned that the above figures are all judgments that have taken effect, not including those that are being investigated by the procuratorate and have not been transferred to the court, nor are they being tried by the court.
Zhou Yongkang, Bo Xilai, Guo Boxiong, Ling Jihua and Su Rong were tried in accordance with the law, and life imprisonment was applied for the first time in the Bai Enpei case.
According to the Zhou Qiang report, in the past five years, bribery crimes have been punished according to law, and 13,000 criminals have been sentenced. He said that criminal cases such as corruption, poverty alleviation funds and agricultural subsidies should be tried according to law, and corruption around the masses should be severely punished. We will improve the confiscation procedures of illegal income in cases of criminal suspects and defendants escaping and death, and try Ren Runhou and other cases according to law, so that corrupt elements will never benefit economically.
"We also apply the confiscation procedure of illegal income in accordance with the law, and intensify the pursuit and recovery work. In some duty crime cases, the defendant has died, and we still have to confiscate and recover his criminal proceeds according to law, such as the Ren Runhou case. " The person in charge of the report drafting group said.
In addition, Yang Xiuzhu and other cases of "Hongtong No.1" were tried according to law, and corrupt elements were never allowed to escape justice.
In terms of standardizing commutation, parole and temporary execution outside prison, Zhou Qiang said that the judicial interpretation of commutation and parole cases should be formulated, and a unified information-based case-handling platform for commutation and parole should be built together with relevant departments, so that relevant cases can be heard openly and fairly according to law, leaving no room for "behind-the-scenes operation".
"Conduct a comprehensive inspection of criminals who have been temporarily executed outside prison, and decide to put 6,470 people in prison for execution. No one will be allowed to enjoy extra-legal privileges, and no extra-legal mercy will be allowed to anyone."
Correction of misjudged cases
Retrial and revision of 6747 criminal cases
"Resolutely correcting and preventing unjust, false and wrong cases" is also a common topic in the reports of the two high schools.
Zhou Qiang said that he insisted on seeking truth from facts and correcting mistakes, found and corrected misjudged cases together, and retried 6,747 criminal cases. "Among them, 39 cases with 78 people were corrected in accordance with the law, such as the Huge Gilles pattern and the Nie Shubin case, and the state was compensated according to law, so that justice can finally be realized, and the wrong cases can be corrected to promote the progress of the rule of law."
Zhou Qiang said: We should learn a profound lesson, issue guidance on preventing criminal wrongs and wrongs, implement the principles of legally prescribed punishment for a crime, judging by evidence, and never suspecting a crime, and acquit 2,943 defendants in public prosecution cases and 1,931 defendants in private prosecution cases according to law, so as to ensure that innocent people are not subject to criminal investigation, and those who are guilty are fairly punished.
"Strengthen the judicial protection of property rights. Property rights are the cornerstone of the socialist market economy. " Zhou Qiang said.
He said that he issued 17 opinions on strengthening judicial protection of property rights, tried all kinds of cases involving property rights according to law, severely punished illegal and criminal acts such as harming entrepreneurs and their legitimate rights and interests, buying and selling hard, extortion and extortion, resolutely corrected cases involving wrong property rights, and equally protected the legitimate rights and interests of various market entities.
Properly handle historical property rights cases, the Supreme People’s Court decided to retry three major property rights cases, including Zhang Wenzhong case and Gu Chujun case.
We issued opinions on improving the business environment and equally protecting the non-public economy, formulated 10 specific measures to ensure entrepreneurs’ innovation and entrepreneurship, issued 10 typical cases of equally protecting the non-public economy, protected entrepreneurs’ personal freedom and property rights according to law, and made efforts to create a legal environment to protect entrepreneurs’ entrepreneurship.
Economy and finance
11,000 cases including Xu Yuyu case were concluded.
Severely punishing telecommunication network crimes is also one of the key points. In his report, Zhou Qiang mentioned that in conjunction with relevant departments, he issued opinions on handling cyber crime cases, punished online rumors, spread obscene articles and other crimes according to law, tried cases of "fast broadcast" companies spreading obscene articles for profit according to law, purified cyberspace, and never let the network become a place of extra-justice.
He said, we will resolutely crack down on telecommunication network fraud, issue applicable legal opinions together with the Ministry of Public Security and other departments, and conclude 11,000 cases of Xu Yuyu being defrauded. "Introduce judicial interpretations for cases of infringing citizens’ personal information, severely punish criminal acts such as leaking personal information and illegally buying and selling information, and safeguard citizens’ information security."
In addition, crimes that endanger food and drug safety and pollute the environment will be severely punished. We intensified the punishment of crimes endangering food and drug safety, and courts at all levels concluded 42,000 related cases, striving to protect people’s right to life and health and "safety on the tip of the tongue". We formulated judicial interpretations for handling criminal cases of environmental pollution, severely punished environmental pollution crimes according to law, and concluded 88,000 related cases.
"Preventing and Resolving Financial Risks" was also written into the two reports. Zhou Qiang said that he issued opinions on strengthening financial trials, concluded 5.03 million cases of loans, insurance and securities, and maintained the order of the financial market, "concluded the first case of securities support litigation in China, and safeguarded the legitimate rights and interests of small and medium-sized investors". He said that 7.059 million cases of private lending and 152,000 cases of Internet finance were concluded.
"Severely punish financial crimes such as illegal fund-raising and insider trading, and Beijing and other courts have concluded ‘ E-rental ’ In the case of illegal fund-raising, the Shandong court concluded the case of Xu Xiang and others manipulating the securities market to effectively safeguard financial security. "
Positive wind and discipline
Accountability of 1762 court cadres who failed to perform their duties.
Zhou Qiang mentioned that crimes that seriously endanger people’s lives and property should be severely punished.
He said that judicial interpretations for handling criminal cases such as theft, extortion, looting and robbery were formulated, 1.315 million related cases were concluded and 1.538 million criminals were sentenced.
"Severely crack down on crimes committed by evil forces, and conclude cases in which 36 people including Liu Han and Liu Wei organized, led and participated in underworld organizations according to law." Severely punish major accidents, dangerous driving and other crimes that endanger public safety, and conclude 1.271 million related cases. Actively participated in the anti-drug struggle and concluded 571,000 drug-related criminal cases.
"Resolutely punish judicial corruption with a zero tolerance attitude." Zhou Qiang said. We will strictly manage the Party’s "two responsibility" in an all-round way, conscientiously implement the eight central regulations and the detailed rules for their implementation, and the courts at all levels will investigate and deal with 1,011 police officers who violate the spirit of the eight central regulations, and seriously hold accountable 1,762 court leading cadres who fail to perform their duties.
Strictly implement the "two regulations" of judicial inspection, judicial supervision and prevention of interference in cases, continuously improve the judicial style, and prevent the "four winds" issue from rebounding.
Strengthen warning education and draw profound lessons from Xi Xiaoming and other cases of violating discipline and law. Insisting on anti-corruption, there is no forbidden zone, full coverage and zero tolerance, the Supreme People’s Court investigated and dealt with 53 police officers who violated discipline and law in our hospital, and courts at all levels investigated and dealt with 3,338 police officers who used the power of trial execution, of which 531 were transferred to judicial organs for handling.
Rights protection
4,685 cases of trafficking in women and children were concluded.
Zhou Qiang said that crimes against the rights and interests of women and children will be severely punished. The report of the Supreme Law mentioned that efforts should be made to protect the rights and interests of women and children, resolutely punish violence, abuse and sexual assault against women and children, and conclude 131,000 related cases.
We formulated a judicial interpretation for the trial of cases of trafficking in women and children, severely punished the theft of infants and other acts according to law, and concluded 4685 cases of trafficking in women and children. In conjunction with the Ministry of Education, we issued opinions on the prevention and control of school bullying, actively carried out activities to send law into the campus, and promoted the construction of a safe campus.
The anti-domestic violence law was fully implemented, and 2,154 personal safety protection orders were issued, building a "wall" between the perpetrators and the victims, and earnestly safeguarding the personal safety and personal dignity of women, children, the elderly and the disabled.
According to the report of the Supreme Law, courts at all levels concluded 31.397 million civil cases of first instance, up 54.1% year-on-year. Formulated judicial interpretations on labor disputes, food and drug disputes, and protection of consumers’ rights and interests, and concluded 2.325 million related cases.
"Clarify the standards for determining work-related injuries and protect the legitimate rights and interests of workers." Zhou Qiang said that punishing malicious wage arrears in accordance with the law has recovered "hard-earned money" of 29.44 billion yuan for migrant workers. Properly handle 1.261 million cases involving "separation of powers" and land acquisition compensation in contracted land, and promote rural reform and development.
In addition, opinions on maintaining normal medical order will be issued in conjunction with relevant departments, crimes of violent medical injuries will be punished according to law, the legitimate rights and interests of patients will be protected, and a harmonious doctor-patient relationship will be promoted. In conjunction with relevant departments, we issued opinions on handling pyramid schemes, concluded 282,000 economic crimes such as pyramid schemes and illegal business operations, and maintained a good market economic order.
Hero image
Trial of a series of cases concerning the reputation right of "Five Strong Men of Langyashan"
Zhou Qiang said that the judicial interpretation of medical damage liability disputes should be issued to clarify the specific situation of emergency treatment exemption in hospitals, so as to provide judicial guarantee for doctors to save lives.
In addition, a series of cases of infringement of the reputation right of "Five Strong Men of Langya Mountain" were tried according to law, and the heroic image was resolutely safeguarded. According to the law, "the case of discouraging smoking in the doctor’s elevator" and "the case of Zhu Zhenbiao chasing the hit-and-run traffic accident" will be tried, so that the behavior of safeguarding the law and public interests will be encouraged, and those who are courageous will dare to act, establish rules of conduct with fair judgment, and lead the social trend.
"In the past five years, the people’s courts have tried a series of cases to promote the core values of socialism, giving full play to the leading and exemplary role of typical cases and spreading the positive energy of the rule of law. For example, the first case mentioned in previous reports ‘ Zebra crossing fine case ’ The first administrative case of name right, the case of personality right dispute filed by Qiu Shaoyun’s relatives, etc., establish rules of conduct and safeguard the heroic image. " The person in charge of the report drafting group said.
Solve the "difficulty in execution"
9,824 people were sentenced for refusing to execute the judgment.
The reporter of Beiqing Daily noticed that in March 2016, the Supreme Law deployed "basically solving the implementation difficulties in two to three years" in the national courts, formulated the work outline and implementation plan, and clarified the timetable and road map.
Zhou Qiang said that the Supreme People’s Law and the Ministry of Public Security, the China Banking Regulatory Commission and more than a dozen other units have established a network execution inspection and control system, and the executed person and his property have been inspected and controlled by means of informationization, networking and automation, with a total of 39.1 million cases inquired and 202.07 billion yuan frozen, which greatly improved the execution efficiency.
"A unified national online judicial auction platform has been established. Since it was launched in March 2017, a total of 369,000 online auctions have been conducted, with a turnover of 254.53 billion yuan and a premium rate of 52%, saving the parties a commission of 7.8 billion yuan and achieving zero complaints about violations of discipline and law in the field of high-risk judicial auctions."
Zhou Qiang revealed that the national courts have publicly disclosed 9.961 million people’s information about people who have lost their trust, restricted 10.148 million people to buy air tickets, restricted 3.912 million people to take motor trains and high-speed trains, and 2.215 million people took the initiative to fulfill their obligations due to credit punishment; The punishment for resisting execution was intensified, and 9,824 criminals were sentenced for refusing to execute judgments and rulings. This edition/reporter Meng Yaxu for the picture/vision china
observe
There are 24 QR codes in the attachment of the Supreme Law Report.
The reporter of Beiqing Daily noticed that this year’s work report of the Supreme Court has more than 12,800 words on 23 pages, with more than 130 figures and more than 30 cases cited, so as to "speak with data and speak with cases".
According to the person in charge of the report drafting group, from January to February, the drafting group solicited opinions from relevant leaders, some NPC deputies, CPPCC members, experts and scholars, invited consultants, presidents of high courts and various departments of the Supreme People’s Court authorities. All the amendments were gathered in the drafting group, which made 37 major revisions before finalizing the report.
"There are many attached charts and QR codes" is also a highlight of the report. "Limited to the length of the text of the report, a lot of work cannot be shown one by one. Therefore, this year we have increased our investment in the annexes to the report. " According to the person in charge of the report drafting group, Zhou Qiang asked the drafting group to "make annexes like writing scientific papers".
The reporter of Beiqing Daily noticed that 24 QR codes were embedded in the annex of the report. By scanning the QR codes, a large number of information resources including origami animation, H5 animation, implementation of major judicial reform tasks, handling of suggestions made by deputies, various micro-videos and smart court software, work reports of the Supreme People’s Court over the past five years, work highlights in 2018 and so on can be connected, which greatly expanded the content of the report and formed a layout in which the report text and annexes complement each other.
"This is to present a 360-degree panoramic view of the work of the people’s courts to delegates and members, so that everyone can have a more comprehensive and intuitive feeling and facilitate better deliberation and discussion of the report." The person in charge said.
case
"Hongtong No.1" Yang Xiuzhu case
Yang Xiuzhu is the No.1 person in China’s red wanted order for 100 national staff who are suspected of committing crimes and those involved in major corruption cases. He once served as the chairman of Wenzhou Railway Real Estate Development Co., Ltd., assistant to the mayor of Wenzhou, deputy mayor and deputy director of Zhejiang Provincial Construction Department. During his tenure, Yang Xiuzhu embezzled 19.045 million yuan of public funds and received property equivalent to 7.354 million yuan. In April 2003, he fled to six countries and applied for political asylum many times after 13 years. After a lot of work carried out by China’s anti-corruption pursuit and recovery functional departments, it chose to return to China unconditionally in November 2016. On October 13, 2017, Zhejiang Hangzhou Intermediate People’s Court sentenced Yang Xiuzhu to 8 years in prison for several crimes of corruption and bribery, and fined him 800,000 yuan; Recover its illegal income of more than 26 million yuan.
Doctor’s elevator to discourage smoking
On May 2, 2017, Duan Moumou was discouraged by Yang, a neighbor who was a doctor, for smoking in the elevator of the community. The two had a verbal dispute, and then Duan Moumou died suddenly. Tian Moumou, the wife of Duan Moumou, sued Zhengzhou Jinshui District Court and asked Yang to pay more than 400,000 yuan. The court ruled in the first instance that Yang compensated Tian Moumou for 15,000 yuan. After the verdict was pronounced in the first instance, Tian Moumou appealed to Zhengzhou Intermediate People’s Court, and Yang did not appeal. On January 23, 2018, Zhengzhou Intermediate People’s Court made a second-instance judgment, arguing that the act of discouraging smoking in elevators is legal and legitimate, conforms to public order and good customs, and is an act of consciously safeguarding public interests and should be encouraged; Yang’s behavior is rational and peaceful, and there is nothing improper. There is no legal causal relationship with Duan’s death result, and he should not bear any civil liability. Therefore, the first-instance judgment is revoked and Tian’s claim is rejected.