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In accordance with the Plan to Reform the Organizational Structure of the Supreme People's Court and the relevant provisions of the relevant judicial interpretations of the Supreme People's Court concerning the internal establishments and their functions, the Case Accepting Division, Trial Supervision Division, Third Civil Division, Fourth Civil Division and Administrative Division of this Court respectively assume the functions of trial supervision of different cases. In the development of the work of trial supervision, working relations take place between each of such divisions and the corresponding division of each higher people's court and also between each of such divisions and the case accepting division, trial supervision division and other professional divisions of each higher people's court. As the divisions of functions of internal establishments of courts at different levels are not exactly the same, difficulties have been encountered in work coordination and adversely affected the development of the work of trial supervision. With a view to conscientiously implement the requirement of "justice for the people" and ensuring the "justness and efficiency", this Circular is hereby issued as follows: I. In the case of any case of petition or of application for retrial that is required by the relevant professional division of this Court after examination to be reviewed by a higher people's court with submission of the result of review, such higher people's court shall, within a specified period, review and handle the case according to law, give written reply to the petitioner or applicant for retrial, and submit the result of review to the relevant professional division of this Court. II. In the case of any case for which the relevant division of this Court requests a transfer of files, the relevant higher people's court shall send all files of the case within the specified period. Other requests made by a relevant professional division of this Court in the light of actual need in the work of trial supervision shall also be met by the higher people's court within the specified period. If, in any special circumstance, it is unable to complete the abovementioned review, transfer of files or other matters, the higher people's court shall, before the expiry of the specified period, give an explanation to the relevant division of this Court and indicate the expected time for completion. III. In the event of any case that is ordered by this Court to be retried by a higher people's court, with a letter indicating the problems therein, after making adjudication, the higher people's court shall promptly submit the adjudication document to the Supreme People's Court. IV. When doing the work of trial supervision pursuant to the division of responsibilities, each professional division of this Court is performing the function of trial supervision on behalf of this Court. The relevant professional divisions of each higher people's court with duty of trial supervision shall have a deep sense of responsibility, each performing their own functions, actively assisting and cooperating with the relevant professional division of the same court in the relevant work of retrials of cases of petition and application for retrial and in the work of trial supervision. None of them may shirk responsibility by alleging any inconsistence in division of work between courts at different levels. V. If any of the foregoing provisions is not observed, the relevant professional division of this Court shall urge the relevant party on; if no improvement has been made after such urging, this Court shall handle the matters in accordance with the relevant provisions. |
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