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In recent years, cases of obstructing the legal enforcement of judicial personnel in such forms of insulting, vituperating, besieging or assaulting trial or procuratorial personnel in open trials of the people's courts happen frequently. The Central Political and Judicial Commission under the Central Committee of the Communist Party of China distributed the Opinions on Earnestly Solving the Problems of Obstructing the Legal Performance of Political-legal Officers and Police Officers or Retaliating upon Them (No. 2 [2005] of the Central Political and Judicial Commission under the Central Committee of the Communist Party of China) on January 19, 2005. In order to effectively solve the problem of obstructing the legal performance of judicial personnel, safeguard the personal safety of judicial personnel, guaranty the sound implementation of judicial work and maintain the dignity of law and the authority of justice, we hereby make this circular concerning the following issues on carrying into effect the Opinions on Earnestly Solving the Problems of Obstructing the Legal Performance of Political-legal Officers and Police Officers or Retaliating upon Them of the Central Political and Judicial Commission under the Central Committee of the Communist Party of China: I. ATTACHING GREAT IMPORTANCE TO GUARANTEEING THE LEGAL PERFORMANCE OF JUDICIAL PERSONNEL The open trials in courts and appearance in court to support the public prosecution are important judicial activities, whereby the trial and procuratorial personnel exercise judicial and procuratorial authority according to law. To protect the personal safety of trial and procuratorial personnel, guarantee the sound implementation of trials and public prosecution and maintain the dignity of law and the authority of justice is an imperative requirement of as well as important guaranty for implementing the basic principle of governing the country according to law and building a harmonious socialist society. The people's courts and the people's procuratorates at all levels shall attach great importance to guaranteeing the legal enforcement of judicial personnel, positively take measures to provide necessary material guaranty for the sound implementation of trials and public prosecution and build a good judicial environment. Meanwhile, the people's courts and people's procuratorates at all levels shall strictly regulate their judicial acts by exercising judicial powers in an impartial and civilized manner and incessantly improve the judicial image so as to win the understanding and supports from the people through fair justice. II. VIGOROUSLY INTENSIFYING THE CONSTRUCTION OF THE TRIAL COURTS OF THE PEOPLE'S COURTS AND THE ADMINISTRATION OF SAFETY GUARANTY The people's courts at all levels, especially the people's courts at the grass-root level, shall further intensify the construction of trial courts as well as the administration of safety guaranty, effectively guarantee the facility conditions and trial environment required by the performance of judicial personnel. Firstly, they should strictly separate the trial section from the auditing section and set up special passages respectively. Secondly, they should, according to the Opinions of the Supreme People's Court on Allocating Special Equipment for the People's Courts, make efforts to allocate equipment such as supervision and control and security, and equip judicial police for the security. Thirdly, they should establish a signboard in the eye-catching position of a trial place so as to warn and educate all participants as well as auditing persons of a litigation to abide by the rules of the court. Fourthly, the department of judicial police shall, in accordance with the relevant regulations such as the Court Rules of the People's Courts of the People's Republic of China, Rules on the Court Duty of Judicial Police of the People's Courts and Rules on the Security Examination by Judicial Police of the People's Courts, carry into effect the police equipment for the court duty of judicial police in a strict manner before a trial and clarify the specific tasks and responsibility division of judicial police on duty in court. They should carry out a full-course supervision and control for open trials, strictly prohibit anyone from entering into the court with dangerous articles such as weapon, the flammable or explosive, or the intensively-corrosive so as to guarantee the sound proceeding of a trial as well as the personal safety of judicial personnel and guarantee the safe departure of judicial personnel after a trial. As to the expenses for the construction of the aforesaid facilities, the people's courts at all levels shall, according to the relevant requirements prescribed in the Opinions on Earnestly Solving the Problems of Obstructing the Legal Performance of Political-legal Officers and Police Officers or Retaliating upon Them, report it to the local party committee and political and judicial committee in a timely manner and solve it in a proper manner, The court construction of the people's courts at the grass-root level may be incorporated into a three-year planning for systematic resolution. III. EQUIPPING JUDICIAL POLICE, ENSURING OFFICIAL VEHICLES AND GUARANTEEING THE LEGAL ENFORCEMENT OF PROCURATORIAL PERSONNEL The procuratorial personnel of the people's procuratorate shall be no less than 2 when performing their duties in a court. For any circumstance, under which any obstruction of the legal performance by procuratorial personnel may happen, the judicial police of the people's procuratorate shall provide coordination, and carry along and use police weapon according to the relevant provisions. The judicial police of the people's procuratorate shall intensify their coordination with the judicial police of the people's court and shall, when necessary, safeguard the departure of procuratorial personnel from the court as well as accompany them home so as to guarantee the legal performance and individual safety of procuratorial personnel. The people's procuratorates at all levels shall ensure the official vehicles required by the appearance of procuratorial personnel in court. IV. FORMULATING THE RESERVE PLAN FOR IN-THE-COURT HANDLING AND ORGANIZING AND IMPLEMENTING THE MEASURES FOR EMERGENCY HANDLING AND PREVENTION Before a court trial, the people's court and the people's procuratorate shall, according to the case, respectively formulate the reserve plan for in-the-court handling, forecasting any possible obstruction of justice in a comprehensive manner. For any possible case involving obstruction of legal enforcement of judicial personnel, the people's court and the people's procuratorate shall jointly formulate the reserve plan for handling, deliberate the countermeasures, take necessary measures and shall, according to the real situation, notify the organ of public security. When necessary, they may report it to the political and judicial commission of the party committee and their superior to jointly do a good job in coordination and prevention. V. DEALING WITH ANY OBSTRUCTION OF THE LEGAL PERFORMANCE BY JUDICIAL PERSONNEL IN A SERIOUS AND LEGAL WAY In a court trial, where any participant or auditing person of a litigation obstructs the legal performance conducted by judicial personnel, the people's court shall, according to the relevant regulations such as the Criminal Procedure Law of the People's Republic of China, the Civil Procedure Law of the People's Republic of China, the Administrative Procedure Law of the People's Republic of China and the Court Rules of the People's Courts of the People's Republic of China, adopt such measures as determent, admonishment, compulsory departure, fine and detention. Where any state functionary obstructs the legal performance as conducted by judicial personnel, we should, at the same time, suggest the relevant departments to give him a sanction of party's discipline or political discipline. Where anyone seriously disturbs the order of a court and if a crime is constituted, the violator shall be subject to criminal liabilities according to law and the punishment as given to the aforesaid violator shall be publicized to the general public as a warning. In a typical case of seriously obstructing the legal performance by judicial personnel, which has caused baneful impact, the people's court and the people's procuratorate shall report it to the relevant departments such as the political and judicial commission of the party committee and their superior organ, and shall not only investigate into and handle it in a serious and legal manner so as to maintain the dignity of law and the authority of justice but also pay attention to the measures and means to solve the relevant conflicts in a timely manner and prevent the case from further expanding. VI. INTENSIFYING THE CONSTRUCTION OF JUDICIAL POLICE CONTINGENT AND THE WORK OF CONFIDENTIALITY, AND DOING A GOOD JOB IN PUBLICITY AND EDUCATION The people's courts and the people's procuratorates at all levels shall intensify the construction of judicial police contingent, organize special trainings, establish a quick response mechanism and elevate the capability of judicial police to handle emergencies. They should intensify the confidentiality of cases, strictly prohibiting any violation of the relevant regulations by divulging the details of a case or the individual information of the relevant case-handling personnel such as their contact ways or addresses. In the case of divulgence, they should give a serious punishment according to the relevant provisions of the Measures for Disciplinary Sanctions in Trials of the People's Courts and the Regulation on Disciplinary Sanctions of Procuratorial Personnel. They should intensify the security consciousness, self-protection consciousness of judicial personnel as well as the education and trainings of security and protection skills, and establish and improve the measures for guaranteeing the legal performance of political-legal police and relief measures. Those regions with mature conditions shall purchase individual insurance for political-legal police. They should intensify the publicity and education of legality and elevate the legal consciousness of the people so as to build up a good atmosphere of upholding laws and preserving justice throughout the society. |
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