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In order to earnestly implement the spirit of the Party's Fourth Plenary Session of the Sixteenth Central Committee, incessantly enhance judicial capacities and improve the level of judicial activities according to the requirements of the Party's overall target on enhancing the capacity of government ruling, further strengthen and improve the work of the people's courts, and lawfully guarantee the smooth carryout of the objective of building a well-off society in an all-round way, we hereby formulate the following opinions. I. THE IMPORTANCE AND URGENCY OF ENHANCING JUDICIAL CAPACITIES AND IMPROVING THE LEVEL OF JUDICIAL ACTIVITIES 1. The people's courts are the judicial organs of the State. They exercise judicial powers in accordance with the Constitution and laws, and shoulder the grand mission of implementing the basic principle of governing the country according to law. The Party's Fourth Plenary Session of the Sixteenth Central Committee clearly proposed the guiding ideology, overall target and main tasks of strengthening the building of the Party's government-ruling capacity, which further points out the direction for the work of the people's courts. The people's courts are the important carrier under the Party's leadership to implement the basic principle of governing the country according to law, the important strength for the Party to manage State and social affairs by judicial means, and an important link for the Party to maintain flesh-and-blood ties with the people through judicial avenue. The people's courts must provide a powerful judicial safeguard for realizing the overall objective of strengthening the building of the Party's government-ruling capacity through impartial, clean, well-behaved and high-efficiency judicial activities. The key factor on whether this work can be done or not lies in whether we have the capacities of the judiciary and the judicial level are suitable for strengthening the building of the Party's ruling capacity. 2. Since a long period ago, the people's courts at all levels throughout China have regarded Deng Xiaoping Theory and the important thought of "Three Represents" as their guide to ensure that the scientific development view is carried into effect. By depending tightly on the Party's leadership, they consciously accept the supervision of the people's congresses, try to practice the theme of "Impartiality and Efficiency", carefully implement the requirements of exercising judicial powers for the interest of the people, adhere to the working guidelines of "working harder on trials to serve the overall situation, laying a solid foundation on the grass-roots by focusing on key points, regulating the contingent of court personnel by impartiality", and give full play to the trial functions. They have made unremitting efforts for maintaining national security and social stability, guaranteeing the improvement of socialist market economic system, and protecting the people's lawful rights and interests. 3. Nowadays, the international and domestic situations have changed greatly. From an international perspective, peace and development remain the theme of our times, but a few anti-China forces continue committing infiltrative activities in an all-round way through their strong political, economic and cultural means, Internet information technology means, and other various means. Their attempts to subvert the Communist Party's leadership and to overturn the people's democratic dictatorship system have never changed, thus the fight against enemies is still complicated. From a domestic perspective, since China's reform and development is in a critical period, and with the continuous deepening of reform and opening up, the complexity of social interest relations, the diversity of concepts of value, the flow of people, properties and goods, and the convenience of information communication have further developed. China is now in a period with prominent internal contradictions among the people and frequently occurring crimes. It still remains a heavy and arduous task of the people's courts to maintain national security and social stability. The objectives proposed at the Fourth Plenary Session of the Sixteenth Central Committee on developing socialist market economy, developing socialist democratic politics, constructing socialist advanced culture, and building a socialist harmonious society, have rendered stricter new requirements to the work of the people's courts. Facing the changing circumstances and tasks, the people's courts must make great efforts to strengthen the capacity construction, continuously enhance their capacities of ensuring the implementation of the requirements on exercising judicial powers for the interest of the people by complying with the law of socialist market economic development, the law of construction of a socialist rule-of-law country, and the law of judicial activities, as well as their capacities of maintaining the fundamental interests of the overwhelming majority of the people and the State's long-term stability by judicial means according to the working theme of "impartiality and efficiency". 4. For many years, the people's courts have made continuous and distinctive progress in their work. However, there are still problems of various kinds, which restrict the development of the people's courts' work. Specifically, such problems mainly include: the level of correct application of law is not high enough, the ability of resolving contradictions is not good enough, the capacity of rendering impartial rulings is not strong enough, and the style of exercising judicial powers is not upright enough; moreover, some problems intensively reported by the people on partial ruling and low efficiency concerning some cases have not been completely resolved, and the phenomena that a small number of judges handle "cases based on personal relationship" and "cases based on money" have failed to be stopped after repeated notices of prohibition. The people's courts at all levels must resolve the existing problems with a view to enhancing their capacities and improving their judicial activities, and finally, they shall, by resolving the problems, making incessant efforts to create a new situation in propelling the work of the people's courts. They shall be aware of the importance and urgency of enhancing judicial capacities and improving judicial proficiency, make increasingly greater efforts to carry into effect the work theme of "impartiality and efficiency", do a good job in keeping their consciousness and initiative in adjudicative work, court reform and contingent building, and shall seize opportunities, meet challenges, seek truth, and speed up the development. II. THE GUIDING IDEOLOGY AND MAIN TASKS OF ENHANCING JUDICIAL CAPACITIES AND IMPROVING JUDICIAL PROFICIENCY 5. The guiding ideology for the people's courts to enhance judicial capacities and improve judicial proficiency is to, under the leadership of Comrade Hu Jintao, General Secretary of the CPC Central Committee, regard Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory and the important thought of "Three Represents" as the guidance, and by complying with the requirements proposed at the National Political and Legal Working Conference on enhancing the capacities of law enforcement in five aspects, regard "impartiality and efficiency" as the theme, the exercise of judicial power in the interest of the people as the basic point, judicial system reform as the motivation, the people's courts' grass-roots construction as the base, and the building of a contingent of high-caliber judges as the guaranty, so as to enhance judicial capacities and improve judicial proficiency in an all-round way. The key issue of adhering to the abovementioned guiding ideology lies in adhering to the Party's leadership over courts all along. 6. The main tasks for the people's courts to enhance judicial capacities and improve judicial proficiency are: to enhance the capacities of punishing crimes, and of maintaining national security and social stability; to enhance the capacities of regulating economic relations, and promoting the healthy development of the socialist market economy; to enhance the capacities of settling contradictions and disputes in accordance with the law, and of guaranteeing social harmony; to enhance the capacities of supporting and promoting the exercise of administrative duties in accordance with the law, and of propelling the construction of the socialist democratic politics; to enhance the capacities of guaranteeing human rights in the judicial sector, and of maintaining the people's lawful rights and interests; to enhance the capacities of applying laws correctly, of exercising judicial powers impartially and highly efficiently, and of guaranteeing the attainment of fairness and justice throughout the society. The people's courts at all levels throughout China shall, by closely centering around the abovementioned tasks, constantly research new circumstances, settle new problems, enhance new capacities, make greater efforts to attach importance to the three tasks, namely adjudicative work, contingent building, and court reform, and propel all items of work of the people's courts in an all-round way to forge ahead. III. ENHANCING THE CAPACITIES OF PUNISHING CRIMES, AND MAINTAINING NATIONAL SECURITY AND SOCIAL STABILITY 7. Maintaining national security and social stability always remains an important political task of the people's courts. The people's courts at all levels shall further enhance their sense of responsibility and be mindful of potential dangers, and do a truly good job in all items of work in maintaining national security and social stability. 8. The people's courts shall, in accordance with the law, firmly and severely punish the various crimes that endanger national security such as the crimes of splitting the State, undermining the State's unity, subverting the political power, overthrowing the socialist system, etc. With respect to the various crimes of endangering national security by making use of the Internet, the people's courts shall strengthen judicial countermeasures; they shall also be highly vigilant against the new situations in which the "Falungong" Cult opposes our state by legal means. 9. The objective situation in which the factors that breed or cause crimes increase largely in the economic and social transition period determines that we must adhere to the guideline of "striking hard" all along. The people's courts at all levels shall uphold the pertinence and effectiveness of "striking hard", pay attention to the coordination and cooperation with other political and law enforcement organs. They shall continue implementing the guideline of "striking hard" without swaying, persist in the frequent and protracted natures of "striking hard", and continue focusing on combating severe violence crimes, organized crimes, and frequently occurring crimes of encroaching upon property such as the crimes of theft, robbery and seizure. They shall make greater efforts to punish narcotic crimes, gambling crimes and network crimes, so as to purify the social environment, and guarantee social stability. 10. The people's courts shall pay particular attention to resolving lawsuit-related letter-visit complaint issues, firmly establish the concept that "the benefits of the general public are vital", patiently listen to the requests of the visiting masses, fully respect and equally protect the litigation rights of the parties concerned, truly maintain the benefits of the people, and show socialist humanistic solicitudes to the visiting masses. The people's courts shall try to enhance the capacity of receiving and dealing with lawsuit-related complaint visits, give full play to the function of judicial remedy in trial supervision, adhere to the principle of handling matters according to laws and policies. They shall both maintain the legitimate rights and interests of the general public in accordance with the law, and firmly impose severe punishment on the exceptional law-breakers who disturb the public order intentionally. 11. The people's courts shall actively participate in the construction of public security and crime-prevention and -control system, strengthen legal propaganda and education, and judicial advising, as well. They shall intensify the guidance to the people's mediations, strengthen the adjudicative work on minors' crimes, cooperate with relevant departments in carrying out the community corrections and educations, and propel the comprehensive treatment on public security. IV. ENHANCING THE CAPACITIES OF REGULATING ECONOMIC RELATIONS IN ACCORDANCE WITH THE LAW, AND PROMOTING THE HEALTHY DEVELOPMENT OF THE SOCIALIST MARKET ECONOMY 12. At present, China's economy develops healthily, and the market economic order is improved continuously. However, the crimes in the economic sector remain relatively distinctive, and new types of crimes arise continuously, which directly endanger national economic security. The people's court at all levels shall focus on combating the severe economic crimes related to national economic security in respect of finance, treasury, taxation, securities, futures, etc., the severe economic crimes which relate to the intermediate interests of the general public in respect of raising funds by illegal means, etc. and which impact the social stability, the crimes of severely disrupt the market economic order in the respect of manufacturing and selling fake and shoddy goods, smuggling, infringing upon intellectual property rights, etc., the crimes of embezzling State-owned assets by making use of the opportunity of reforming State-owned enterprises. The people's courts shall, in accordance with the law, severely punish the criminal activities behind severe economic crimes, such as State functionaries' seeking or taking bribes, their neglecting duties, abusing powers, and practicing frauds for personal gains, and so on. 13. The people's courts shall, by adjudicating a large number of civil and commercial cases, firmly implement of the principle of equality between civil subjects, and create a fair and foreseeable judicial environment. With respect to trans-regional major civil cases, the people's courts may take the legal measure of designated jurisdiction by higher-level courts to exclude the disturbance of regional protectionism. The people's courts shall strengthen their trial guidance and supervision over the cases on bankruptcy of State-owned enterprises, strictly implement the plans on bankruptcy and merger of State-owned enterprises, accept bankruptcy cases in a strict way, and restrict the "bankruptcy tendency" and "bankruptcy movement" in some localities, which result in the evasion and elimination of a large amount of banking credits. The people's courts shall continue to obey and serve for the macro-control of the whole national economy and the monitoring of the economic security, carefully hear the cases on financial disputes, prevent the acts of evading laws such as attempting to evade or eliminate debts through litigation, so as to maintain the credit order. They shall sanction the acts of breaking contracts or commitments, maintain the honest and credible commercial ethics, and promote the establishment of a public honesty system. They shall strengthen the adjudication of cases of infringement upon patent rights, trademark rights, copyrights, invention rights, and commercial secrets, sanction the acts that infringe upon intellectual property rights and abuse intellectual property rights, and lawfully guarantee the regulation of the market economic order, the adjustment of economic structure, and change of the economic growth mode. V. ENHANCING THE CAPACITIES OF SETTLING CONTRADICTIONS AND DISPUTES IN ACCORDANCE WITH THE LAW, AND GUARANTEEING SOCIAL HARMONY 14. The people's courts shall settle contradictions and disputes in accordance with the laws, manage to finalize each case by settling the dispute concerned. This is an important content and mark of the people's courts' judicial capacities, an important standard to inspect civil judicial activities, and an inevitable requirement to promote social harmony and stability. The people's courts at all levels shall, when settling various contradictions and disputes, pay attention to unifying legal effects with social effects, correctly apply laws, ensure the legitimacy of the procedural part and the impartiality of the substantive part, and try to satisfy each party concerned no matter whether he wins or loses the case, and make efforts to eliminate various social contradictions. 15. The people's courts shall make great efforts to strengthen the litigation and mediation work, adhere to the requirements on "settling disputes through mediation if possible, rendering judgments when necessary, combining judgment with mediation and resolving the matter once finalizing the case", and try to calm down disputes through litigation and mediation. The people's courts shall both truly resolve the problem of being unwilling or unable to hold mediation due to stressing judgment and ignoring mediation, and prevent the problems of holding illegal or compelled mediation due to their unilateral pursuit of the mediation rate. They shall firmly prevent the violation of the lawful rights and interests of the parties concerned. Meanwhile, they shall strengthen their guidance to the work of people's mediation, closely combine people's mediation with litigant mediation, give full play to the active factors in all respects, probe into and propel the use of various settlement methods in place of litigation, further improve the mechanism on multiple settlement of social contradictions and disputes. 16. The people's courts shall settle collective litigation cases appropriately. When dealing with collective cases, they shall adhere to the principles of being cautious and complying with the law. They shall both handle matters in strict accordance with the law so as to maintain the lawful rights and interests of the parties concerned, and ensure the implementation of relevant policy requirements. In addition, they shall patiently and carefully do a good job in publicity and education, stress and aim at eliminating contradictions and disputes. They shall further implement and improve four mechanisms: 1. the social stability pre-warning mechanism connecting each link of the court work for timely finding and resolving growing and tendential problems; 2. the mechanism for the selection, investigation and settlement of major cases at regular intervals in light of the territorial principle; 3. the emergency response disposal mechanism for making a detailed emergency response plan for guaranteeing decisive and effective disposal of various incidents in time in accordance with the law; and 4. the liability investigation mechanism for severely investigating the liabilities of the leaders and of the directly liable persons who have failed to appropriately settle the consequences caused from collective incidents. VI. ENHANCING THE CAPACITIES OF SUPPORTING AND PROMOTING THE EXERCISE OF ADMINISTRATIVE DUTIES IN ACCORDANCE WITH THE LAW, AND OF PROPELLING THE CONSTRUCTION OF SOCIALIST DEMOCRATIC POLITICS 17. The administrative litigation system is of great significance to the protection of the lawful rights of the administered parties, the coordination of the relations between government and people, the promotion of social stability, and to promoting administrative organs to exercise administrative duties in accordance with the law, to building a rule-of-law and clean government, and to propelling democratic political construction. The people's courts at all levels shall, by protecting the lawful administrative acts in accordance with the law, correct illegal administrative acts, coordinate the relations between the public power and citizens' rights, build the mutual trust between the people and the government, and reduce the factors that may cause social instability. They shall oppose the idea that judicial supervision over administrative acts contradicts the maintenance of social stability, oppose the refusal to accept the cases which ought to be accepted, or to hear or enforce the cases without complying with the law. They shall also overcome the viewpoint and tendency of "court omnipotence", namely, to blindly accept cases which do not fall within the administrative trial scope prescribed in the present laws or to hear such cases in excess of power. In short, they shall fully exercise their powers without overstepping the scope so as to be adequate in supervision and skillful in logistic support. VII. ENHANCING THE CAPACITIES OF GUARANTEEING HUMAN RIGHTS IN THE JUDICIAL FIELD, AND OF MAINTAINING THE LAWFUL RIGHTS AND INTERESTS OF THE PEOPLE 18. Fundamentally, judicial capacities are the capacities of guaranteeing human rights, removing difficulties for the people, and serving the people heart and soul by judicial means. The people's courts at all levels shall strengthen their study on the intrinsic laws of criminal trial. They shall both enhance the capacities of severely combating crimes and of maintaining national security and social stability, and improve the level of guaranteeing human rights in accordance with the law, thus subjecting no innocent to criminal liabilities. 19. The people's courts shall carefully implement the criminal policies of stressing both leniency and severity. Specifically, they shall, when severely punishing crimes, be lawfully lenient to those who meet legal conditions for leniency; apply commutation of punishment or parole in accordance with the law to those who are serving their sentences but meet the conditions for commutation of punishment or parole, and actively probe into the announcement of commutation of punishment and parole, and probe into the formulation of conditioned hearing, as well. They shall, in light of the specific circumstances, be lawfully lenient to those who may either be or not be sentenced to criminal or even death penalty due to unclear definition by laws or polices. They shall further ensure the implementation of the requirements in relevant notices on the prevention of overdue custody and overdue trials, and all similar rules and systems, as well, consolidate the existing achievements, and prevent new overdue custody and overdue trials. They shall, through judicial activities, truly implement the principles of respecting and guaranteeing human rights in all respects of the social life. They shall adhere to the Man-based development view, and shall, by lawfully guaranteeing the exercise of citizens' political rights, by regulating economic relations in accordance with the law, and by carrying forward the achievements of spiritual civilization building in judicial activities, promote the firm establishment of the basic ideology of respecting and guaranteeing human rights in the whole society, and try to create good social prevailing customs of respecting Man, caring Man, cherishing Man and helping Man. VIII. ENHANCING THE CAPACITIES OF APPLYING THE LAW CORRECTLY, EXERCISING JUDICIAL POWERS IMPARTIALLY AND HIGH-EFFICIENTLY, AND GUARANTEEING FAIRNESS AND JUSTICE IN SOCIETY 20. The soul and life of judicial work are judicial impartiality, and the judicial objective which the people's courts always pursue and try to reach is also judicial impartiality, while the fundamental standard for measuring the capacities of the judiciary and the level of judicial activities is still judicial impartiality. The people have the most warm-hearted expectation for judicial impartiality, and drastic criticism to judicial partiality. Although there are not many cases of partial rulings or weak enforcement, they cause very bad effects. This requires the people's courts at all levels to carefully enhance their capacities of studying and applying the law. They shall not only have the impartial consciousness, but also impartial behaviors, so as to truly attain the impartial effects with impartial capabilities. Therefore, the judgments rendered by judges must take social stability and economic development into account, instead of ignoring other social values by pursuing a legal value. The people's courts at all levels shall, on the basis of summing up the achievements of the educational activities of "establishing the image of judicial impartiality", foster scientific judicial ideology, uphold the unity of substantive impartiality with procedural impartiality, the unity of legal authenticity with objective authenticity, firmly resist and overcome the various disturbances in respect of personal relationship, money, regional and departmental protection, further improve and intensity internal supervision, and truly enhance the capacity of exercising judicial powers impartially and uprightly. IX. STRENGTHENING THE BUILDING OF THE CONTINGENT OF COURT PERSONNEL IN AN ALL-ROUND WAY 21. The key for the people's courts to enhance judicial capacities and to improve judicial proficiency is to create a contingent of court personnel that are politically firm and accomplished in professional work, have a fine style of work, and are impartial in exercising judicial powers. This contingent of court personnel must aim at enhancing judicial capacities and improving the level of judicial activities, continuously improve the political calibers, professional calibers and occupational ethic calibers, continue propelling the occupational building of judges, so as to provide powerful organizational guaranty and talent supports for realizing the theme of "impartiality and efficiency", and for guaranteeing the carryout of the adjudicative work and all items of other work of the people's courts. 22. The people's courts shall firmly establish the guiding status of the important thought of "Three Represents" in building the contingent of court personnel, persist in exercising judicial powers for the interest of the people, be clearly aware of the fundamental issue of enforcing laws for the people and serving the people. They shall always place the people's interests as their priority, adhere to the political nature of being loyal to the Party, to the people, to the fact, to law, and keep highly consistent with the CPC Central Committee led by General Secretary Hu Jintao in respect of ideology and behaviors. 23. The people's courts shall attach great importance to the leading cadres, select and appoint those who have firm political standpoint, understand the legal practice, are in the prime of their lives, and meet the conditions as for in the Law on Judges to the posts of court leaders. They shall build leading teams at all levels according to the requirements of being firm politically, seeking truth, keeping blazing new trails in a pioneering spirit, building a hardworking and clean government, and being united and collaborative. They shall enhance the adjudicative capacities of leading cadres by stressing the rein of court hearing, judicial guidance, and judicial supervision, enhance their management capacities by stressing the management of the contingent of court personnel, management of trials, and management of political affairs, enhance decision-making capacities by stressing democratic decision-making, scientific decision-making and lawful decision-making. 24. The people's courts at a higher level shall, in accordance with the provisions on double management of court leading teams, strengthen their assisting management of the leading teams of the people's courts at lower levels. The shall actively communicate with the local party committees, nominate candidates pursuant to the conditions prescribed in the Law on Judges, and conduct appraisals on them. With respect to the vice court presidents who have not been appointed pursuant to the conditions prescribed in the Law on Judges since 2002, the people's courts at the next higher level shall timely communicate with the local party committees to make adjustment on the work. They shall also make greater efforts to train reserve carders of the people's courts, to adjust and supplement the members of the leading teams, and strictly implement the "Regulation on Selecting and Appointing Party and Governmental Leading Cadres". 25. The people's courts shall, by basing themselves upon enhancing the judicial capacities and improving the judicial proficiency of the existing judges, try to enhance their capacities of applying the law, reining court hearings and making ruling documents, create a professional group of judges, be more mindful of their profession, establish professional ethics, and enhance professional skills. They shall create a group of experienced judges, try to be highly capable, establish an authoritative image, and win the trust of the general public. They shall create an excellent group of judges, carry forward the excellent virtues, safeguard the dignity of laws, and protect the rights of citizens. 26. The people's courts shall strength the construction of a cadre management system, establish and implement the rules for court presidents and chief judges to handle cases, actively probe into the measures on safeguarding the trial organization and operation mechanism for court presidents and chief judges to handle cases, determine the number of cases for court presidents and chief judges to handle by directly joining the collegial panels each year, and include such indexes into the important contents for post assessment. The leading cadres at all levels, especially the court presidents and chief judges, must remove any difficulties and disturbances, and truly assume their trial duties. They shall, in light of the principle of combining legal effect with social effect, establish a scientific assessment system on the adjudication of various cases in the people's courts at all levels in a all-round way, and strengthen their inspections and appraisals on the adjudicative quality and efficiency. 27. The people's courts shall continue implementing the responsibility system for improving the Party style, continuously enrich and improve the contents of the responsibility system, carefully implement the systems under which the leading cadres report on important matters, report on their efforts to perform their duties honestly, the system of making democratic appraisals, that of admonition by conversation, that of being on duty in turns, and that of withdrawing when holding certain posts. They shall strictly implement the intra-Party supervision regulation, strengthen their supervision over the court leading cadres at all levels, especially the top leaders, so as to cultivate a top competent contingent of court personnel by a clean and hardworking leading team. They shall continuously make great efforts to building a clean government, strengthen the adjudicative discipline education on judges, educate judges to be more mindful of being clean and honest, establish and develop the systems on improving the Party's work style and building a clean government, improve trial supervision, give play to the advantages of the courts at the higher levels to know about the cases heard, lawfully correct the unfair and unclean behaviors existing in the trial process of the courts at the lower levels. They shall improve the system of tip-off and supervision, intensify the supervision of the judges' judicial acts, uphold and improve the inspection tour system, stress the use of the achievements of inspection tours, and timely deal with the unclean judicial acts found in the process of inspection tours. 28. The people's courts shall establish and improve the mechanism for guaranty of court expenses. They shall actively communicate with the relevant departments, try to ensure the implementation of the system of allowances for trials, actively urge the local Party committees and local governments to formulate the guaranteed expense rates for grass-roots courts as soon as possible, and try to win the supports from the treasury of the Central Government in continuing the provision of more allowances for grass-roots courts. 29. The people's courts shall continue deepening the reform of the people's courts. According to the overall deployment and requirements of the Central Committee on judicial system reform, the Supreme People's Court will promulgate the "Outlines on the Second Five-year Reform of the People's Courts" for implementation. Starting from resolving the problems of judicial impartiality and efficiency which attract the attention of the general public, these Outlines aims at emphatically deepening the reform of criminal trial method, further improving criminal trial procedures in the second instance and the death penalty review procedures, improving the system for witnesses and experts to appear in court, and enriching the adjudication forces, so as to guarantee procedural legitimacy and substantive impartiality of each criminal case, and to pass the test of history. According to the Outlines, the people's courts shall reform the judicial committee system, further promote the organic unity of trial with judgment, and improve the adjudicative quality and work efficiency. They shall improve the people's assessor system, select and train people's assessors jointly with judicial administration organs, ensure that people participate in trial activities in accordance with the law, and carry forward judicial democracy. They shall reform and improve the system of trial supervision over civil and administrative cases, respect and guarantee the rights of the parties concerned to apply for retrial according to the legal procedures, timely accept the cases on petitions and applications for retrial by the parties concerned, and resolve the problem of the general public's difficulty in filing lawsuits. They shall reform and improve the work mechanism on people's tribunals, regulate the work of going on circuit to hold trials, so that the people's tribunals may accept cases directly, facilitate the general public's participation in litigation. With regard to the minors' psychological and physical features and the special requirements of legal protection of the minors, the people's courts shall reform and improve the judicial system on minors, and strengthen their protection of the lawful rights and interests of the minors. They shall firmly implement the "Decision of the Standing Committee of the National People's Congress on the Issue of Judicial Authentication Administration", promote the improvement of the judicial authentication administration system. They shall reform the execution system, actively participate in building the public credit system, improve the information management system on execution cases, and urge the parties concerned to willingly perform effective rulings and judgments. X. BASIC REQUIREMENTS ON ENHANCING JUDICIAL CAPACITIES AND IMPROVING JUDICIAL PROFICIENCY 30. To enhance judicial capacities and improve judicial proficiency are both a major event which needs to be always stressed and an urgent task at present as well. In the process of enhancing judicial capacities, the people's courts must always adhere to the ideology and route of emancipating their minds, seeking truth from facts, keeping pace with the times, and shall adhere to the principles of proceeding from the actual conditions and proceeding from the laws of the judicial work. 31. To enhance judicial capacities and improve judicial proficiency, the people's courts must be adapted to the current situation and local conditions, and shall not follow the same pattern all the time. When guaranteeing the implementation of the overall tasks of enhancing judicial capacities and improving judicial proficiency, they shall base themselves upon the overall work situations and work environments of their localities, upon the actual circumstances of trial, execution and all other items of work, and upon the contingent of court personnel. They shall, starting from the status quo and basis of the judicial capacities and judicial proficiency of all localities and entities, accurately grasp the main aspects and weak points of the judicial capacities, and scientifically determine the work emphasis and realization avenues. They shall avoid deviating from the overall tasks of enhancing judicial capacities and improving judicial proficiency, avoid following other systems which may lead to a wrong direction, and avoid simply repeating what the book says in a doctrinarian attitude. They shall, when upholding all the existing guidelines on enhancing the judicial capacities, persist in keeping pace with the times, and timely adjust the work emphasis in light of the progress of enhancing judicial capacities and improving judicial proficiency and the change of the judicial environment. They shall avoid changes in policy at will so as to guarantee the continuity and stability of enhancing judicial capacities, and avoid sticking to the old-fashioned ideas and refusing to change in an empirical attitude. 32. The enhancement of judicial capacities and improvement of judicial proficiency must be closely combined with "One Theme, Three Important Tasks". The people's courts shall persist in the scientific work pattern of "One Theme, Three Important Tasks", guarantee the implementation of all requirements in enhancing judicial capacities, and inspect the achievements of enhancing judicial capacities with the actual effects in promoting all items of work and improving the proficiency of judicial impartiality and efficiency. 33. To enhance judicial capacities and improve judicial proficiency, the people's courts must strengthen organizational leadership. The people's courts at all levels must timely compile the program on enhancing judicial capacities, determine the focus of work, work methods, stages, and specific objectives, for enhancing judicial capacities and improving judicial proficiency in all localities and all entities within a certain period in the future. The Supreme People's Court will, in light of the actual circumstances, send inspection tour teams at a proper time to go to some regions and some courts to conduct supervision and inspections, while the courts at the higher levels, especially all higher courts, shall also conduct supervision and inspections at regular intervals, so as to timely find and resolve some presently existing distinctive problems within their respective jurisdictions. All higher courts shall make reports to the Supreme People's Court in time on the enhancement of judicial capacities, especially the typical experiences and distinctive problems, within their respective jurisdictions. They shall, in each year, commend and publicize a certain number of advanced images of the people's courts at all levels for enhancing judicial capacities and improving judicial proficiency, strengthen the publicity of advanced experiences and measures, and create good atmosphere for enhancing judicial capacities and improving judicial proficiency. 34. The enhancement of judicial capacities and the improvement of judicial proficiency must be combined with the education on retaining advancedness. The people's courts shall, according to the requirements deployed by the Central Committee on education on keeping the advancedness of the communist party members, and in light of their actual situations, attach special importance to learning advantages from others, illustrating facts, correcting mistakes, and establishing a good image. They shall propel judges and other personnel to pay attention to scrupulously observing their professional ethics at any time, guaranteeing judicial probity, and carrying forward judicial culture. They shall carefully organize party members to study important works such as Serve the People and Three Important Work Styles of the Communist Party of China by Comrade Mao Zedong, Building Socialism with Chinese Characteristics and Only by Depending on Ideal and Disciplines Can We Be United by Comrade Deng Xiaoping, On Strengthening and Improving the Ruling Party Building by Comrade Jiang Zemin, and Promoting the Truth-seeking Spirit and Style Among the Whole Party and Setting Up and Implementing the Scientific Development View by Comrade Hu Jintao. They shall carefully organize party members to analyze and appraise their problems existing in ideology, work and style, carry out mutual appraisals between party members, and carry out criticism and self-criticism. With regard to all kinds of problems found, they shall carefully make rectification measures, clarify the rectification emphasis, ensure the performance of rectification responsibilities, and make rectification with a serious attitude. They shall, by carrying out activities of education on the advancedness, truly resolve the distinctive problems which has drawn the wide attention the people and which may be resolved through efforts, and propel the enhancement of judicial capacities and improvement of judicial proficiency. |
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