Accurately identify the facts of the facts that resolve disputes -Shandong Court's trial function positioning reform work documentary

"Grassroots courts focus on accurately identifying facts and substantive resolution disputes" are important parts of improving the reform of the 4 -level court trial function positioning. It is also the basis for achieving the facts and legal disputes in most cases in the two trials.

Since the pilot of the reform, the Shandong Court has attached great importance to the fact that the facts of the case have been found, through deepening mechanism construction, realizing scientific and technological empowerment, strengthening supervision and guidance, comprehensively improving the facts of the facts, and promoting the continuous improvement of the quality of trials, and the people's sense of gain is continuously enhanced. Since the beginning of this year, the trial implementation of the Shandong Court has shown a good trend of "three drops and three liters". Compared with the same period of 2021, the number of cases in the province's courts has decreased by 8.9%, the number of cases of no cases has fallen by 18.9%, and the transformation rate of the second instance has decreased by 2.1. Percentage points; the closing rate increased by 4.2 percentage points, and the income ratio increased by 9.9 percentage points. The actual conclusion rate of the first execution case rose by 7 percentage points.

Strengthen the mechanism of specification guidance and optimization and identification

"Thanks to the judge for helping us understand the confused account, both of us are satisfied with the results of the judgment." Cheng is a parties to the civil loan dispute case with nearly 300 million yuan together. The court's civil cases, due to the existence of multiple funds between the two parties, the loan and repayment have been crossing for a long time, and the case is more complicated. Han Ling, the judge of the People's Court of Licheng District, Jinan City, carefully sorted out the evidence of the case, comprehensively summarized the focus of disputes, and fully verified the evidence to accurately identify the facts of the case. After the judgment, both parties were not appealing.

Since the launch of the pilot, the Shandong grassroots court has accepted a total of 1,281 administrative cases of "sinking" and 2273 civil cases. The judgment rate of the first instance of the case was higher than the average of 3.2 percentage points in the province. The second -instance hair development rate was lower than the average of 1.7 percentage points in the province. This result is beneficial to the effective path of the Shandong Court of continuous optimization of the facts, the exploration of the large -scale cases, and the steady resolution of the relevant administrative cases.

The trial is an important position to find out the facts, and to verify the evidence in accordance with the law is a key part of the foundation. In response to this basic issue, the Shandong Provincial High People's Court formulated an operation guidance to accurately find out the factual issues. The province's court strengthened the guidance of the parties, strengthened the guidance of the lawsuit, conducted investigations and evidence to obtain evidence in accordance with applications or in accordance with its authority, and effectively solved the problem of inadequate factual verification; in -depth reform of the substantial reform of the trial, standardized and refined the trial procedures to accurately identify and identified Facts consolidate the foundation.

Aiming at the characteristics of cases such as construction contracts, adjacent rights, and property damage compensation, etc., use field investigations, investigation and visits, etc. to maximize the facts of the facts of the case. How to further identify facts and substantial resolution of small standard cases? The Binzhou Court made positive explorations, and a small amount of litigation procedures agreed in cases of road traffic damage, property loss insurance contracts, and compensation disputes, which increased from 4.6%in 2021 to 29.6%in 2021, greatly improving the quality and efficiency of trials. The Shandong Court gives full play to the advantages of the small litigation system, uses the application of the applicable conditions to meet the applications, and actively explores the application of the agreement, and conducts element -type and order -oriented trials. Since the beginning of this year, the province's courts have applied for 90,000 cases of small litigation procedures, and the application for retrial is only 0.3%. The realization is fast and good, substantially resolved, and saved judicial resources, reducing the afford of the masses.

Deepen the facts of technology empowerment cases should be checked

"The newly upgraded online case handling system can conduct a element -type review of the facts of the case, and assist the judge to review the facts of the case more and accurately." Xiao Yan, the judge of the People's Court of Huancui District, Weihai City, said with emotion. On July 1 this year, the Shandong Smart Court version 4.0 was launched simultaneously in the province's courts. Nine types of ordinary civil cases were tried in an intelligent element. The characteristics of the high accuracy automatically generated the characteristics of the referee documents made the judges praise.

In recent years, the Shandong Court has accepted about 1 million civil and commercial cases in the first instance each year. Under the limited trial resource conditions, how to efficiently review the cases, and to accurately identify the facts and accurately fixed scores? In accordance with the requirements of the reform pilot, the Shandong High Court insisted on the effectiveness of the science and technology, and promoted the in -depth integration of the reform of the construction of the smart court with the functional positioning of the audit function. Based on the comprehensive and accurate identification of the facts of the case, it designed and developed the Smart Court version 4.0.

The system comprehensively extracts the factors required for the facts of the facts, comprehensively screens the facts of the case, and intelligently push the case to the undertaking judge to assist the judge to find out the legal facts and clarify the rules of the referee. The Shandong High Court independently developed the "Shandong Court Precision Case Rules Library" and embedded the system, including more than 1,800 cases of various cases referee rules, strengthened the "precise retrieval" and "intelligent push" functions, promoted the unity of law applications, and effectively found the facts for the facts. Provide "technology+system" support. At the same time, the system increases the investigation of the case. Through the intelligent evaluation of the electronic dossier, the case contractor has been found in a timely manner of the quality problems in the trial of the case, and the judge will be assisted in the party's request to fully respond to the party's request. Regardless of whether it is a newly -entry -amount judge or an experienced judge, the system must ensure that they should be checked and applied accurately and the law should be checked and the law should be checked to ensure more fair and more efficient trials.

Strengthening restriction supervision and providing strong guarantees

In order to implement the pilot requirements of detailed reforms, the Shandong High Court issued opinions, stipulating that the "sinking" case refers to the supervision and management of the "four types of cases" to increase the evaluation of such cases; It is also stipulated that the president of the hospital will take the lead in trial "sinking" and reporting to the rearrassing jurisdiction to ensure the fair and efficient trial of the case. Since the pilot was carried out, all the cases of "sinking" were handled by the president of the hospital to ensure that it was "model court" and a "boutique case" to fully release the efficiency of the system and ensure the implementation of the reform of the reform pilot. At the same time, the Shandong Court continued to optimize the resource allocation that is compatible with the reform pilot, and tilted the amount to the grass -roots level and the front line of the case. Since the pilot, a total of 541 judges have been supplemented by the province's grass -roots courts, and the proportion of grassroots courts with outstanding cases of grassroots courts in Licheng District and Jining High -tech Zone in Jinan City have exceeded 40%. The Shandong High Court selected 10 newly -entered young judges to work in the grassroots courts. The provincial courts went to the lower courts to enter 29 people, which further enriched the grassroots trial force. The Shandong High Court also continuously enhances the business skills of judges by carrying out the implementation of the "Five One Hundred" activities of the Civil Code, the selection of Qilu's most beautiful judges and the selection of trial business experts, exchanges of case handling experience, and strengthening the guidance below. Since the beginning of this year, the Shandong High Court has held 4 experience exchanges in case handling, which has promoted the improvement of the judge's ability to identify the facts and substantially resolve disputes in accordance with the law.

"It is necessary to closely focus on" identifying facts, substantial resolving, and fixed science ", work hard and scientific to better meet the needs of the people, and contribute wisdom and strength to the improvement of the socialist judicial system with Chinese characteristics." Shandong Gao Zhang Jiatian, dean of the hospital. With the in -depth advancement of the pilot reform of the Fourth Court of Function Positioning, the Shandong Court will continuously improve the ability to accurately identify the factual ability and strive to make the people feel fair and just in each judicial case.

Source: People's Court Newspaper

Author: Xiao Bin, Zhao Shide 丨 Editor: King of King Lu Lu

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