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In the August of this year, the Supreme People's Court put forward 23 measures for "Justice for the People" at the symposium of chief justices of the Higher People's Courts all over the country. After the symposium, the people's courts at all levels of the country, in close combination with the reality, and with a view to solving problems of major focus and hotspots of the mass people, and solving problems found out in the judicial scrutiny, have formulated specific measures of their own courts for implementing the specific measures for "Justice for the People", and trying hard to solve the actual problems for the mass people in a down-to-earth manner. The emphasis of "Justice for the People" is laid on "justice", and the essence thereof is "for the people". In order to further enrich and develop the thought of "Justice for the People" in judicial practices, accurately master the inner connections between "justice" and "for the people", balance the relations between strict justice and civilized justice, and balance the relations between earnestly implementing the laws embodying the fundamental interests of the vast people and meeting the lawful requirements of the litigants, so as to ensure the overall effect of the 23 measures for "Justice for the People", the Supreme People's Court hereby formulates the "Guiding Opinions concerning Implementing the 23 Measures for "Justice for the People". Please carry them through in combination with the local reality. In case of any experiences summarized or problems encountered in the process of implementation, please inform the General Office of the Supreme People's Court in good time. I. EARNESTLY DOING THE WORK OF RECEIVING COMPLAINT LETTERS, VISITS AND APPEALS OF THE MASSES, AND GIVING REPLY TO THE MASS PEOPLE CONCERNING THEIR APPEAL AND COMPLAINT LETTERS AND VISITS WITHIN PRESCRIBED TIME LIMIT The people's courts at all levels shall improve steadily the understanding of the staff handling the complaint letters and visits of the significance of the work of receiving complaint letters and visits, and do well the work of handling the appeals and complaint letters and visits of the masses. Efforts shall be made to ensure that the visitors are interviewed and answered, the complaint letters are replied, conclusions are made to the appeals, so as to safeguard the litigation rights of the mass people according to law. All the complaint letters and visits shall be recorded, and archives shall be established for them. The records and archives may also be brought into computers for management in case conditions are mature in a court for the convenience of registration, classification and consultation. For non-litigation complaint letters and visits, the people's courts shall, according to the sort of problems reflected and the departments for handling them, and pursuant to the principle of administration through specialized department, notify the parties to reflect to the relevant departments. The litigation letters and visits shall be handled according to the provisions of the Supreme People's Court in "Several Opinions on Regulation of Filing a Case for Retrial of the People's Courts£¨for Trial Implementation£©", in light of the principle of level-to-level administration. Where a case meets the requirements for filing, it shall be filed for investigation and prosecution, and the person writing the letters or the visitor shall be notified to wait for the result of settlement. Where a case meets the requirements for filing, but lacks documents of appeal or legal documents, the people's court shall notify the person writing the letter or the visitor to supplement the documents required. Where a case does not meet the requirements for filing, the parties shall be notified that the case shall not be filed. In case problems reflected in the complaint letters or by visitors need to be solved in time, the people's courts shall, within 3 days upon transferring the letters or receiving the visitors, give a reply to or notify the parties. For the ordinary complaint letters or visits, the people's courts shall, within 10 days upon transferring the letters or receiving the visitors, give a reply to or notify the parties. The people's courts at lower levels shall earnestly implement the reply of the people's courts at higher levels to the complaint letters and visits of the parties, no buckpassing or paltering shall be permitted. II. DIGESTED REPORT SHALL BE MADE FOR THE COMPLAINT LETTERS, VISITS AND APPEALS, SO AS TO REFLECT AND SOLVE THE PROBLEMS OF MAJOR FOCUS AND HOTSPOTS OF THE MASSES IN TIME The work of digested report is an important part of the work for handling appeals and complaint letters and visits. The working staff handling the complaint letters and visits in the people's courts of all levels shall report the major and emergent complaint letters and visits in time, so as to prevent the conflicts from becoming intensified and safeguard the lawful rights and interests of the masses. The contents of the digested report shall include: problems reflected in the non-litigation complaint letters or visits concerning the violation of laws or relevant provisions by the relevant organizations or departments, which are grave or strongly complained about; problems reflected in the litigation letters or visits concerning the leaders of the courts and the justices' wrongful acts out of personal considerations or commitment of fraudulent acts or making judgment by perverting the law; and other representative problems of major focus and hotspots. The digested report shall specify the true name of the person writing the letter, the specific contents of the letter, and the accurate address thereof. The text of digested report shall be sent to the leaders of the corresponding courts in time, and may be transferred to the relevant organizations or departments according to the circumstances after approval, or reported to the upper level courts level-by-level and be circulated to the relevant courts. The problems reflected in the digested report shall be investigated into and solved in time. The progress of handling the problems or cases shall be followed up in time. For problems or cases for which leaders have made written instructions or comments for investigation and report of the conclusions, they shall be reported to the leaders in time, and the conclusions may also be notified to the parties if necessary. III. STRENGTHENING THE HARDWARE CONSTRUCTION OF THE PLACES FOR RECEIVING COMPLAINT VISITS, AND IMPROVING THE CONDITIONS THEREOF Strengthening the hardware construction of the places for receiving complaint visits is part of the overall construction of the people's courts, which serves the mass people directly, and is convenient for and beneficial to the people, as well as embodies the judicial civilization. The people's courts at all levels shall receive the complainants or visitors at the special places, and may even construct reception room for handling complaint letters and visits in case conditions are mature in a court. There the corresponding stationery and desks and chairs shall be provided for the use of the masses filing an appeal or visiting, and other auxiliary facilities shall also be provided with, including the toilets and drinking equipments, etc., which embody the humane solicitude of judicial activities. Constant safety inspection on the reception place shall be strengthened. If conditions permit, a court may also use such equipment as safety inspection, explosion prevention, and monitoring, etc., so as to safeguard the safety of the reception place and personnel, and ensure that the reception work may go on smoothly. IV. EXAMINING THE PETITION FOR APPEAL AND RETRIAL ACCORDING TO LAW IN TIME AND FILING THE CASES MEETING THE REQUIREMENTS IN TIME The people's courts at all levels shall examine the petition for appeal and retrial according to law in time and filing the case meeting the requirements, so as to safeguard the litigation rights of the parties, further regulate the working procedures for handling the appeal cases. The cases of appeal and application for retrial by the parties shall include: the final judgment of the corresponding courts meeting the requirements for filing the case for retrial; cases which are overruled after rechecking by the lower level courts or to which the original sentences are changed after retrial, and which meet the requirements for being filed for retrial; and cases which the corresponding courts believed should be retried by them. For cases not to be filed for retrial according to law, the courts shall explain the reasons fully to the parties, and have the work for stopping litigation of the parties done properly. The organs and procedures for handling the appeal and application for retrial of the parties shall include: organs for accepting appeals and applications for retrial of the parties subject to the departments of receiving complaint letters and visits of the courts for filing the cases. Where the parties submit the documents of appeal and of application for retrial directly, the staff meeting and talking with the parties shall transfer the documents to the registration departments for filing cases in time to file the cases after receiving the documents and examining their conformity with the preceding provisions. Where the parties mail the documents of appeal and of application for retrial, which are in conformity with the preceding provisions after being examined by the staff handling the letters, the staff shall, after keeping the documents, transfer them to the registration departments for filing cases to file the cases in time. In case the documents are not in conformity with the preceding provisions, the staff shall inform the parties by letter of reply according to the different circumstances. The registration departments for filing cases shall, after receiving the documents of appeal and application for retrial as transferred by the department of receiving complaint letters and visits, register and file them within prescribed time limit, and transfer them to the relevant trial courts or courts for putting the case on the file according to law, and decides on whether the cases shall be entered into retrial procedures, and then notify the appealers. V. THE PEOPLE'S COURTS AT ALL LEVELS SHALL CLEAN UP THE CASES FAIL TO BE SETTLED IN TIME The people's courts at all levels shall find out the reasons for cases unsettled, and attach high importance to cases unsettled seriously exceeding legally prescribed time limit for trial. The personnel handling cases shall be organized to nail down the time limit for ending a case, and various effective measures shall be taken to clean up the cases fail to be settled. In this process, the judges undertaking the handling of cases shall be examined and urged constantly to end the cases within the prescribed time limit, and complete the cleaning-up of the cases unsettled, so as to put an end to such phenomenon of "occurrence of new overdue cases in the process of cleaning up old ones". The administrative systems of time limit for concluding a trial shall be further improved and perfected, no cases shall be handled in violation of laws or legal procedures. VI. ESTABLISHING AND IMPROVING THE MECHANISM OF SEPARATING THE COMPLEX CIVIL CASES FROM THE SIMPLE ONES SO AS TO ALLEVIATE THE LITIGATION BURDEN OF THE MASSES INVOLVED IN THE CASES The people's courts at all levels shall implement strictly the "Several Provisions on Application of Summary Procedures in the Trial of Civil Cases" of the Supreme People's Court, and try civil cases efficiently and quickly according to law so as to improve the efficiency of litigation. The simple civil cases shall be ruled quickly through application of simple procedures so as to alleviate the litigation burden of the masses involved in the litigation. The operational rules for summary procedure shall be regulated for the convenience of litigation of the parties. And the litigation rights of the parties shall be fully protected. The rights to choose the procedures of the parties shall be respected to fully embody the principle of litigation democracy and autonomy of the parties' will. And the judicial sources shall be reasonably allocated, and the judicial efficiency shall be improved completely so as to establish and improve a judicial circulating mechanism of justice and high efficiency. VII. REGULATING THE LITIGATION MEDIATION OF THE COURTS, AND IMPROVING THE EFFICIENCY AND QUALITY OF LITIGATION The people's courts at all levels shall further improve and regulate the litigation mediation procedures, bring into full play the advantages of settling disputes through mediation, and earnestly safeguard the litigation rights of the parties. The courts shall create favorable environments for the mediation of the parties by providing a proper place. The principles for litigation mediation shall be at the parties' will, no compulsive mediation may be permitted, no mediation shall be held down by judgments, and no cases shall be put off by mediation. The mediation shall be made strictly in accordance with the procedures as prescribed by laws, and the contents of the mediation agreements shall be legal, without violating the prohibitive provisions of laws or administrative regulations, or impairing the interests of the state, public interests or legal rights and interests of other people. The mediation may be carried out in any process of the civil litigation, and the court may not reject the legitimate petition of the parties for mediation with the excuse of separation of mediation with the judgment. The people's courts may invite people's juries and other organizations or personnel with special knowledge or special social experiences, who may be helpful to the mediation to assist in the mediation work. Where the mediation agreements made by the parties exceed the scope of litigation petition, the people's courts may make the mediation statement according to the contents of the mediation agreements after examination, under the conditions that the agreements don't violate the prohibitive provisions of laws and administrative regulations, and don't impair the interests of the state, public interest or the legal rights and interests of other people. VIII. PUSHING FORWARD THE CONVENIENCE CONSTRUCTION FOR THE PEOPLE BY THE PEOPLE'S COURTS, TRYING CASES WITH RESPECT TO THE RIGHTS AND INTERESTS OF THE CONSUMERS AND TOURISTS BY WAY OF HANDLING CASES THROUGH CIRCUIT COURTS. The basic-level people's courts may, according to the particular circumstances of their own regions, handle cases through the circuit courts regularly or irregularly at the scenic spots of tourism or country fair trade markets and other places where the disputes concerning the legal rights and interests of the tourists and consumers and the immediate interests of the mass people are easy to happen. The cases shall be filed and tried on the spot, mediated at once, and concluded at the court. Efforts shall be made to improve the rate of concluding a case at the court, so as to solve the social contradictions and disputes in time, protect the legal rights and interests of the parties, and improve the actual effect of the legal publicity and education, as well as maintain the well-balanced market order. IX. GUIDING THE ACTS OF THE MASSES CONCERNING THEIR LITIGATION RIGHTS AND DUTIES INVOLVED IN THE CIVIL AND ADMINISTRATIVE LITIGATION, AND THE ACTS OF APPLICATION FOR EXECUTION, TO MAKE THEM PROTECT THEIR OWN RIGHTS AND INTERESTS THROUGH PROPERLY APPLYING LAWS Strengthening litigation guidance to the parties is an important measure for the convenience of litigation of the masses, and for fully protecting the parties to exercise litigation rights properly. The people's courts at all levels shall formulate and print the publicity materials for the guidance of litigation, such as the standards for charging the litigation fees, time limit for trial of cases, rules of evidence taking, and litigation risks, etc., and inform the parties of the litigation rights and duties according to law, and the formats and requirements of documents as are necessary for the litigation, etc.. The establishment of the internal trial organs of the courts and the functions and duties thereof, etc., shall also be informed to the parties for the convenience of their participation in the litigation activities. The relevant provisions of the procedure laws shall be followed strictly, so as to put an end to the phenomenon of interference improperly with the exercising of litigation rights of the parties in the name of guidance and providing consultation, etc.. X. INDICATING TO THE MASSES INVOLVED IN THE LITIGATION THE LEGAL RISKS CONCERNING THE IMPROPER LITIGATION REQUEST, LOSS OF LITIGATION LIMITATIONS, EXCESS OF TIME LIMIT FOR EVIDENCE TAKING, AND REFUSAL OF EXECUTION, ETC., SO AS TO REDUCE THE UNNECESSARY LOSSES OF THE MASSES INVOLVED IN THE LITIGATION. The people's courts at all levels shall, through legal risk indication, guide the masses involved in litigation to avoiding losses caused due to the unawareness of the legal risks involved in the litigation, and protect their interests. The legal risk indication is applicable to all kinds of criminal, civil and administrative cases, and to all phases of litigation including placing a case on the file, trial, trial supervision, and execution, etc., as well as to the people's courts at all levels, including common courts and the various special courts. The masses involved in the litigation shall be informed of the provisions of major laws and regulations and judicial interpretations in relation to litigation in legal risk indication, and of such possible legal risks as the improper litigation petition, loss of litigation limitations, excess of time limit for evidence taking, and refusal of execution, etc., and the possible legal consequences. The people's courts at all levels shall publicize and provide letter of legal risk indication at the lobby for filing cases and other places for the consultation of the masses. And the personnel handling litigation affairs at the relevant litigation process shall inform the parties to the cases of the possible legal risks that may exist in the relevant litigation process. Legal risk indication must be made strictly in accordance with the provisions of laws, judicial interpretations and relevant documents. XI. STRICTLY IMPLEMENTING THE CRIMINAL PROCEDURE LAW, AND EARNESTLY RECTIFYING AND PREVENTING UNLAWFUL PROLONGED DETENTION SO AS TO SAFEGUARD THE LEGAL RIGHTS AND INTERESTS OF THE DEFENDANTS. The people's courts at all levels shall, in light of the requirements of the Circular on Strictly Abiding by the Criminal Procedure Law, Earnestly Rectifying and Preventing Overtime Detention as promulgated by the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security, try cases strictly in accordance with the provisions of the criminal procedure laws, sentencing those who are guilty according to law, and releasing those not guilty according to law, so as to put an end to the phenomenon of unlawfully prolonging the period of a defendant's detention. Where the cases really cannot be concluded due to impersonal reasons, the people's courts shall alter the enforcement measures in time according to law, and circulate a notice to the departments of public securities and procurarorate. Where there are no clear facts and sufficient evidences to determine that the defendants are guilty, acquittal shall be made to the defendants resolutely, so as to avoid overtime detention of defendants due to sending back for retrial repeatedly. The people's courts at all levels shall stick to the system of weekly report of the cleaning-up of the unlawful prolonged custody cases. And the Supreme People's Courts shall circulate a notice on the cleaning-up of the unlawful prolonged custody cases periodically. Where a case tried extending the legal time limit due to the relevant personnel's intentional violation of the provisions of the system of legal time limit for trial, which causes the unlawful extension of the defendants' detention, the relevant personnel shall be prosecuted for liabilities according to the relevant provisions. In case it constitutes a crime, the person shall be prosecuted for criminal liabilities. XII. STRENGTHENING THE TRIALS FOR PROTECTING THE LAWFUL RIGHTS AND INTERESTS OF MIGRANT WORKERS AND CASUAL LABORERS WORKING IN TOWNS OR CITIES, CRACKING DOWN ON THE FRAUDULENT ACTS OF OCCUPATION INTERMEDIARY INSTITUTIONS AND ARREARS OF WAGES BY EMPLOYMENT ENTITIES Ensuring the lawful rights and interests of migrant workers and casual laborers working in towns or cities, promoting the improvement of labor employment systems, and safeguarding the labor market order, concern the increase of farmers' income and maintenance of the stability of cities. The people's courts at all levels shall, for the labor dispute cases subject to labor law, file, try and enforce them quickly according to law, so as to protect the lawful rights and interests of the parties in time. For the civil disputes between the migrant workers or casual laborers and the employment entities not falling within the scope of labor law, which are subject to the jurisdiction of the people's courts according to law, the people's courts shall accept them in time, and make a fair judgment on the basis of accurately defining civil legal relationship. The people's courts shall, in the process of trial, put forward judicial suggestions to the relevant departments on their own initiative and crack down on the fraudulent acts of vocation intermediary institutions or illegal acts of arrears of wages by the employment entities. XIII. TRYING THE ADMINISTRATIVE CASES ACCORDING TO LAW, SO AS TO PROVIDE JUDICIAL PROTECTION FOR THE ADMINISTRATIVE ORGANS TO RENOVATE REGIONAL BLOCKAGE AND PARTIAL OR TRADE MONOPOLIES The people's courts at all levels shall protect the litigation rights of citizens, legal entities and other organizations, so that the administrative department may be promoted to administer according to law, and the regional protectionism may be overcome. The trial on cases concerning the renovation of the administrative departments on regional blockage and partial or trade monopolies shall be speeded up and concluded in time, so as to prevent the wrongdoers from hindering the administrative departments to administer according to law by making use of litigation procedures. The people's courts at all levels shall, when accepting major cases concerning the regional blockage or trade monopolies, report to the local Committee of the Communist Party of China and the people's congress in time, and communicate with the local governments to strive for support. If the prescriptive documents, which are the basis of the specific administrative acts sued, are in violation of the relevant provisions of state laws and regulations, the people's courts shall not apply them when trying the administrative cases. In case any illegal act or act not in conformity with the regulations of the administrative departments in renovating regional blockage and partial or trade monopoly is found during the trial of cases, the people's courts shall put forward judicial suggestions to the relevant departments in time at the same time when making judgments according to law. XIV. EARNESTLY IMPLEMENTING THE SYSTEM OF DEDUCTION, EXEMPTION AND DEFERMENT OF THE PAYMENT OF LEGAL COSTS, SO AS TO ENSURE THAT THE PARTIES WHO REALLY HAVE ECONOMIC DIFFICULTIES MAY AFFORD THE LAWSUIT The judicial assistance of the people's courts to a party who truly has economic difficulties may ensure the equal exercise of litigation rights of the party according to law, and the equal enjoyment of the judicial resources of the state, which will embody the advantages of the socialist judicial systems, and protect the lawful rights and interests of the party. The people's courts at all levels shall, according to the Provisions on Providing Judicial Assistance to Parties Truly Having Difficulties, give assistance earnestly to the party meeting the requirements of assistance. Those having been provided with legal assistance by the administrative department for justice may also be provided with judicial assistance by the people's courts. The standards for assistance shall be controlled strictly, and the procedures for examination and approval thereof may also be strictly regulated to ensure that the party truly having economic difficulties may be assisted, and the standards may not be lowered at will. Putting an end to those parties not subject to assistance, and prohibiting the bad practice carried on in the name of judicial assistance, so that the judicial assistance may be truly brought into play. XV. PROVIDING LEGAL ASSISTANCE ACCORDING TO LAW, AND SAFEGUARDING THE LITIGATION RIGHTS OF THE PARTIES, AS WELL AS MAINTAINING JUDICIAL JUSTICE It is the duty of the people's courts to ensure that the citizens who have economic difficulties may get necessary legal assistance in litigation, and may fully exercise their litigation rights. Where the defendant is the blind, the deaf, the dumb or a person with limited capability, minor not reaching 18 years of age when the hearing is held, person maybe sentenced to death, or person with no authorized counsel, the people's courts shall appoint a counsel for him. Where a defendant meets the standards of economic difficulties as prescribed by the local governments or he himself truly has no pocketbook, or it is difficult to determine the economic status of a defendant, and his family is unwilling to assume for him the fees for the counsel of the case after being persuaded again and again, or in the joint offence cases, other defendants have entrusted counsels, or the defendant has a foreign nationality, or the case concerned has great social influences, in the case that there are no counsels, the people's court may appoint a counsel for him if it thinks that the opinions on prosecution and documents of evidences concerning the case transferred may influence the proper conviction and sentencing. The people's courts may, for the civil cases to which the legal assistant organs decide to provide legal assistance, and which meet the requirements for judicial assistance after examination, make decision beforehand on judicial assistance of deferring collection of fees for accepting a case and other legal cost to persons receiving the assistance. After the trial of the case ends, the people's courts may decide to deduct or exempt the legal cost of one party receiving legal assistance according to the specific circumstances of the case. XVI. ESTABLISHING A SYSTEM FOR ENFORCEMENT OF CHARGES WHICH CAN PROTECT THE CREDITORS' INTERESTS The people's courts at all levels shall regulate the enforcement of charges, no local people's courts may improve the standards of charges without permission, and arbitrary charges shall be put an end to resolutely so as to alleviate the burden of the parties. Where the expense of execution fails to be paid when petition for enforcement is made, it shall be deducted after the sum of enforcement money have been fully paid. The actual expenses in enforcement shall be paid in advance by the applicant for the enforcement, but shall be paid in advance when actual payment needs to be paid each time, not at the time when the case is filed. The actual expenses shall be collected in accordance with paragraph 2, Article 2 of the Supplementary Provisions of the People's Courts on Measures for Charging Legal Cost. No charging items shall be increased or no charging standards shall be altered in disguised form. The formalities for disbursement of the expense of execution shall be regulated, and the relevant notes for outlay items must be kept in the archives for future reference. The enforcement personnel shall issue letter of settlement for expenses and the relevant certificates when concluding a case, which shall be confirmed by the applicants for enforcement and the person to whom the enforcement is made. Where the parties disagree with the amount of expense of execution and the way of calculation, they may apply for reconsideration to the enforcement courts. Where the parties apply for issuance of credit certificates to the enforcement people's courts, no expense of execution for application shall be collected any more. XVII. STRENGTHENING GUIDANCE TO THE PEOPLE'S MEDIATION COMMISSION, SO AS TO IMPROVE THE QUALITY OF THE PEOPLE'S MEDIATION WORK It is an important part for settling conflicts and disputes through multi-channel to strengthen guidance to the people's mediation organization and improve the quality of the people's mediation work. The people's courts shall, in accordance with the spirits of the "Opinions on Further Strengthening the Work for the People's Mediation in the New Era" of the Supreme People's Court and the Ministry of Justice, and the "Several Provisions on Trials concerning the People's Mediation Agreement" of the Supreme People's Court, strengthen investigation and research on new situations and new problems. They shall further study how to improve ways for linking the work of litigation mediation with the people's mediation, pay attention to guiding the masses to value the importance of the people's mediation, and settle the conflicts and disputes in a simple and economical way. The people's courts shall actively cooperate with the local administrative departments for justice to make vocational training for the people's mediators by various ways and approaches, so as to improve the level of legal knowledge of the people's mediators and their techniques for disputes mediation. The basic-level people's courts and their subordinate people's tribunals may cooperate with the administrative departments for justice, make training for the people's mediators by way of holding training classes, symposiums, etc., or organize them to audit the trial of cases, so as to specify the work for the people's mediator, constantly improve the level of work for the people's mediation. XVIII. FURTHER STRENGTHENING THE CONSTRUCTION OF JUVENILE COURTS, AND PROTECTING THE LAWFUL RIGHTS AND INTERESTS OF THE MINORS The people's courts at all levels shall further strengthen the trial of cases of minors, and protect the lawful rights and interests of minors involved in cases, so as to ensure a better legal effect and a social effect of the trial of criminal cases with respect to minors. The juvenile courts shall be established as soon as possible or special personnel shall be appointed to handle criminal cases with respect to minors in accordance with the requirements of Article 6 of the "Several Provisions concerning Trials of Criminal Cases with Respect to Minors" of the Supreme People's Courts, and in combination with the local realities. The work of the juvenile courts shall be listed as one of the major routine work of the people's courts. Difficulties and problems encountered in the work of the juvenile courts shall be studies and solved in time, so as to ensure that the work in the juvenile courts may be carried out smoothly. When the hearing of criminal cases with respect to a minor is held, the legal representative of the minor shall be notified to appear in court, and the exertion of litigation rights of the legal representative shall be fully ensured. Before the hearing of the case, a detailed introduction on such matters as the procedures for hearing the case shall be made to the minor defendant. The opinions of a minor defendant with respect to the accused facts, evidences and the nature of his acts shall be heard sufficiently, when the hearing is held, so as to ensure that the minor defendant may exercise various litigation rights. Where the act of a minor does not constitute a crime, he shall be acquitted and released in court. Where a minor commits a crime, he shall be imposed upon a lighter punishment or reduced punishment. The name, address, portrait of the minor defendant and various other documents that may infer the information of the minor may not be opened to the public in the trial of minor cases. The minors may not appear in court to testify in principle. The focus of the work of the juvenile court shall be laid on trial, around which the work may be properly extended, and the principle of legal system shall be followed for carrying out various exploration and innovation of systems. XIX. STRENGTHENING PROTECTION ON PERSONAL RIGHTS AND INTERESTS OF WOMEN AND CHILDREN, AND TRYING CRIMINAL AND CIVIL CASES OF FAMILY VIOLENCE ACCORDING TO LAW The people's courts at all levels shall bring into full play the role of trial function, strengthen striking and punishment on crimes of violating lawful rights and interests of women and children caused by family violence. The civil cases with respect to marriage and family due to family violence shall be accepted in time so as to prevent the conflicts and disputes from becoming intensified. During the trial of such civil cases concerning marriage and family, supporting, inheriting, bringing-up, maintenance, and adoption, etc., the lawful rights and interests of the party violated by family violence shall be sufficiently protected and cared for according to law. XX. STRENGTHENING TRIAL ON CASES WITH RESPECT TO FARMERS, STRIKING AND CRACKING DOWN ON ACTS OF TRAPPING AND HARMING FARMERS, SO AS TO SAFEGUARD THE RIGHTS AND INTERESTS OF FARMERS The people's courts at all levels shall strike and crack down on acts of trapping and harming farmers through strengthening the trial of cases concerning farmers, sticking to the integrity and unity between protection of the interests of the organization of rural collective economy and protection of the interests of farmers, so as to ensure and level off the rural policies of the Communist Party of China, promote the development of agriculture and rural economy according to law. The trial of such administrative cases as "arbitrary charges, fines and fund-raising quotas" shall be completed in time according to law, so as to alleviate the burden of the farmers. The cases concerning the contract disputes of contracting rural mountain forests or land shall be tried according to law to protect the relations of land contracting according to law, encourage the farmers to extend the land contracting, put down acts of increasing land contracting fees and taking back land for the purpose of contracting at a higher price, so as to safeguard the continuity of the land policies of the state. The cases with respect to disputes of sales contracts of agriculture products and byproducts shall be carefully tried, and the acts of harming the lawful rights and interests of the farmers at will shall be cracked down on according to law from the standpoint of maintaining the legal effect of the contract. Cases of trapping and harming farmers concerning the production and sale of counterfeit and shoddy seeds, chemical fertilizers, pesticides, etc., shall be tried in time to fully protect the legal rights and interests of farmers. XXI. REGULATING THE PROCEDURES FOR FORMULATION OF JUDICIAL INTERPRETATION, SO AS TO ENSURE THE PROPER IMPLEMENTATION OF LAWS The people's courts at all levels shall summarize trial experiences, and propose suggestions for formulation of judicial interpretation. Before the promulgation of the judicial interpretations concerning the immediate interests of the mass people, various forms including symposiums, public hearing, etc., shall be held to solicit opinions of all parties concerned. The draft of judicial interpretation may be published in the national news medias and websites including the Gazette of the People's Court and the website of China court, etc., and opinions of relevant entities and personnel concerned may also be consulted. In the drafting of judicial interpretations, deep investigation and research shall be made to consult opinions of all the people's courts at all levels and their trial personnel, especially the opinions of the intermediate people's courts and the basic-level people's courts, so as to strengthen the democracy and transparency of the formulation of judicial interpretation, and improve the quality thereof. XXII. PUTTING INTO EFFECT ENTIRELY THE PUBLIC TRIAL SYSTEM SO THAT THE MASS PEOPLE MAY AUDIT THE TRIAL OF CASES CONVENIENTLY The requirements of the "Several Provisions on Strictly Implementing the Public Trial System" of the Supreme People's Court shall be earnestly carried through to put into effect the public trial system. The people's courts shall combine the building of the judicial civilization image with the improvement of judicial authority to further increase the trust and support of the mass people to the judicial work. The people's courts shall, for public trial cases, publicize the name of the parties, brief of the case, and the time and place for holding the hearing 3 days before the hearing is held, and the mass people may receive auditing certificates to audit the trial of the cases upon the strength of the Identity Cards. The conditions and methods for issuance of auditing certificate shall be regulated according to the relevant provisions. Court discipline shall be abided by strictly to keep the good image of the judicial officers, embody the judicial civilization and authorization. Judgment must be announced publicly, and the form of public trial and judgment publicized shall be improved continuously. Construction on the trial courts of the people's courts shall be strengthened to improve the working conditions, and great efforts shall be made for the mass people to audit trials conveniently. XXIII. STRENGTHENING RESTRAINING THE PROFESSIONAL ACTS OF JUDGES, REGULATING THE RELATIONS BETWEEN THE JUDGES AND THE LAWYERS, SO AS TO ENSURE THE JUDICIAL JUSTICE Strengthening restraining the professional acts of the judges and lawyers in the litigation activities may effectively prevent and eliminate the actual or possible distrust by the parties or general public to judicial justice. The judges shall handle cases strictly in accordance with laws, and voluntarily resist the improper influences imposed on the trial of cases by the parties of the case and their entrusted lawyers through various social relations and various ways, and handle cases strictly in accordance with laws. The judges may not meet any of the parties or their lawyers privately at the non-working hours, and non-working places. The judges may not recommend and introduce lawyers to the parties of the cases as their agents or counsels in violation of regulations, or introduce legal service business including agency or advocacy, etc. for lawyers. In case a judge has any act of hindering judicial justice, the relevant people's courts shall impose on him a punishment in accordance with the relevant laws, regulations or provisions according to the circumstances. In case a crime is constituted, he shall be prosecuted for criminal liabilities according to law. |
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