Beijing High Court ensures that re -examination of error correction and maintenance of referees in accordance with laws work unified work documentary

Reform retrial procedures are important innovation measures for the pilot reform of the 4 -level courts to regulate the reform. It is of great significance to further enhance the ability of high -level people's courts to re -review error correction, strengthen the regulatory supervision function, and unify the standards of legal applications in the jurisdiction.

Since the pilot, the Beijing Higher People's Court has fully combined the requirements of the pilot work and the judicial practice of the district, insisted on putting judicial justice as the people and fair judicial first place, optimizing the configuration of the re -trial, strengthening the supervision of trials 2. Trial quality and judicial credibility, and effectively promote the reunification of referee authority in accordance with the law and maintain the effectiveness of referee.

Optimize the configuration of the re -review of the job and keep the fair and just "lifeline"

"The cited trademark was found invalid on all the products approved and used, and the quotation of trademarks no longer became the right to apply for registered trademarks on the review of the commissioned commodity." If the existence exists, the people's court can revoke the relevant ruling of the State Intellectual Property Office in accordance with the new facts "... On April 13 this year, a first session of the Beijing High Court was holding an application for a trademark application for a technology company and the State Intellectual Property Office to reject administration. Cross -sector professional judges meeting for dispute retrial applications. At the meeting, the Judge Ma Jun, the Judge of the Judgment Supervision Division Tao Jun, and the Judge of the Min Three Court of the Ministry of Judgment were discussing the legal issues in the application of the trademark retrial application.

According to the "Decision on Organizing the Pilot Reform of the Fourth -level Court of Fourth Courts" made by the Standing Committee of the National People's Congress, and the "Implementation Measures on improving the Pilot Reform of the Fourth Court of Courts" issued by the Supreme People's Court " The pilot adjustment has adjusted the regulations of the civil and administrative litigation law on the re -review application in principle, and the retrial correction of the referee of the high -level people's courts is mainly carried out by the court.

In order to dispel the doubts and concerns of the party's re -hearing of the "self -correction" of the high -level court, the Beijing High Court optimized the adjustment of the re -examination rights, strengthen the restrictions and supervision between different trial halls, and clarify the retrial application of the court's final trial case. The Calculation Division is responsible for the review. If the review is retrial, the trial supervision court will be tried. Sun Lingling, deputy dean of the Beijing High Court, said that the main body of "final trial referee, retrial application review, and retrial", adopting the "three separation" model, can eliminate the impact of the original trial court on the review application review, effectively avoid "" The phenomenon of final trial, retrial review, and retrial ", while preventing judicial injustice and integrity risks, to maximize the re -examination review and accurate error correction. Since the pilot, the Beijing High Court has accepted a total of 1,021 applications for the retrial of the civil and administrative referees of the institute's civil and administrative effectiveness.

At the same time, in order to ensure the quality of the case and to solve the major differential differences in the application of possible laws, the Beijing High Court formulated and introduced the "Work Measures for the Uniform Work of the Function of the Professional Judge Meeting and the Function of the Judgment Committee (Trial)". The retrial application for the referee of the High Court of Civil and Administrative Effective Effects requires a cross -departmental professional judge meeting to conduct a case study to meet the scope of the discussion of the trial committee and formulate a retrial case. The full closed loop of the trial supervision and management of retrial cases. Since the pilot, the Beijing High Court has held more than 10 professional judges' meetings to discuss 369 cases of difficult and complicated cases, which effectively unifies the referee scale of application for retrial review and retrial cases.

Strengthen trial supervision and guidance, and delineate the "standard line" of the referee scale

"Previously, the Beijing High Court tried the appeal cases of each intermediate court in the Directors of the High Court, and the Calculating Trial Court tried the re -review of the intermediate courts, and sometimes there would be inconsistent ideas. The unified port of the counterpart business court, we handle the case smoother, "Zou Zhi, president of the Second Intermediate People's Court of Beijing, said with emotion.

After the pilot, in order to prevent the re -review of review, retrial, and "two skin" under the supervision and guidance, the Beijing High Court will not accept the application for re -examination of the referee of the lower court to apply for re -examination. In the past, the complaint review court was concentrated. Liu Shuxing, director of the Beijing High Court Supervision Office (Division Reform Office), said: "Through the control of the case, it effectively promoted the coordination of the retrial procedure and the guidance below. The functions and relationships of various trial business departments have further strengthened the guidance functions of the trial business departments to the lower courts, and realized the "who reviews and who guides', which is more conducive to the referee scale."

In order to further strengthen the functions of retrial supervision and guidance, the Beijing High Court has revised the "Regulations on the Work of Cases of Beijing Courts", which clearly submits discussions on the trial committee in the unified laws of the city's courts and trial majors to study and form a unified law. Applicable results and effectively guide judicial practice. As of now, two re -trial transformation cases have been formed, which has plays an important role in uniformly related trial line referee standards. At the same time, the development of the case database is developed to provide convenient judicial assistance for the trial cases of courts at all levels.

Adjust the allocation of resource allocation and improve the "primary driving force" of judicial justice

"Fairness and justice are the people's longing and happiness ... Here I would like to express my heartfelt thanks to your hospital." In the reconstruction case of civil loan disputes together, due to the earlier time of borrowing, the relationship between the subjects of all parties, the relationship between funds, and the exchanges of funds. Frequent, after the case entered the retrial process, the parties submitted a large number of accounting vouchers as new evidence, which caused the case to be confusing and difficult to distinguish. The Beijing High Court's trial supervision court was tried to form a collegiate panel with rich trial experience in accordance with the rules of re -examination of power operation rules after the pilot. After the pilot, the major changes in the number of re -review review cases, and the re -construction of the renewal power operation mechanism, the optimization and allocation of the court's realization of the trial resources, the improvement of the level of retrial business, and ensuring that the standardized coordination of cross -departmental case handling cases has been proposed. Higher requirements. In response, the Beijing High Court combined with the reform of the authority, the number of cases and the difficulty of handling cases after the retrial procedure reform, and adjusted the optimization of trial resources to achieve scientific matching of people, cases, and posts. At present, the Beijing High Court has adjusted the positions of 24 middle -level cadres and 55 ordinary police officers, exchanging outstanding business backbones and party members and cadres to important positions such as retrial and trial, and conducting a series of training such as retrial case review practices. The department has added judges with corresponding trial experience, and the age and professional structure of judges are more reasonable. Xing Rui, director of the Cadre Division of the Political Department of the High Court of High Court, said that with the gradual growth of the application for retrial and the re -construction of the operation mechanism of the retrial power, the personnel adjustment is carried out in a timely manner, and the retrial cases in different trial areas are equipped with strong judges and judges. It is not only conducive to fair and efficient handling of retrial cases, but also provides strong organizational guarantees and talent support for high -level courts to fully give full play to its functions.

Source: People's Court reported to the Supreme People's Court

Correspondent: Liu Wei Fang Xiaokang

Original Editor: Yang Shupei Wang He

Editor in this article: Yao Rihui

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