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With a view to further implementing the Law of the People's Republic of China on State Compensation, regulating the trial of cases that applies for affirming the judicial acts of the people's court as illegal, effectively safeguarding the applicant's rights to apply for affirmation and to apply for compensation, and further strengthening the self-administration and self-construction of the people's courts, the Provisions on Several Issues concerning the Trial of Cases of Affirming State Compensation by the People's Court (Trial) (hereinafter referred to the Provisions) and the Samples of Documents of Affirmation Cases (see the attachment) were deliberated and adopted at the 1315th Session of the Judicial Committee of the Supreme People's Court. The Provisions, which have been promulgated, shall come into force as of October 1, 2004. We hereby release our notice regarding some issues of earnest study and implementation of the Provisions as follows: I. Understanding thoroughly the significance of the implementation of the Provisions and improving earnestly the trial quality and management level of affirmation cases Affirming the illegal exercise of duties of the people's court is the judicial duty of the people's courts entrusted by the Law on State Compensation, is the important approach to implementing the significant ideas of "Three Representatives" by the people's courts, to firmly building up the perspective of scientific development, to carrying out the principle of "justice for the people", to safeguarding the legitimate rights and interests of the citizens, legal persons and other organizations, and to realizing the social fairness and justice, and is the important guarantee for the people's courts to intensify unified application of laws and civilized justice. For a period of time, the illegal exercise of duties by few courts in such judicial processes as trial and enforcement has seriously impaired the legitimate rights and interests of the masses, damaged the image of impartial justice of the people's courts, and jeopardized the authority of justice, and must be seriously dealt with. The people's courts at all levels shall earnestly prevent the occurrence of illegal exercise of posts, and at the same time affirm the illegal exercise of posts which has occurred. The people's courts at all levels shall carefully study the Law on State Compensation and the Provisions, and clarify the basis, guiding ideology, principles and procedures of affirmation and the requirements for making the relevant documents according to which the Provisions were formulated; shall carefully study laws, regulations and judicial interpretations of criminal, civil and administrative trial and enforcement involved in affirmation work; and shall guarantee to hear affirmation cases lawfully, fairly and effectively, and perform the affirmation function correctly. II. According to the decision of the 1195th session of the Judicial Committee of the Supreme People's Court on October 16, 2004, the trial supervision division shall be uniformly responsible for the affirmation work of state compensation, while each people's court at intermediate or higher level shall add staff members in charge of the said work to the trial supervision division. Each of the relevant trial supervision divisions shall foster the sense of overall situation, sense of rule by law, and sense of responsibilities, and carry on the styles of truth-seeking, down-to-earth and incorruption, and completely master the spiritual substance and all prescriptions of the Provisions, and correctly hear any case applying for affirmation. The cases of affirming illegal exercise of duties of its own court and any cases whose ruling is made by applying Item (15) of Article 11 of the Provisions shall, in general, be submitted to the judicial committee of the court for discussion. III. The Judicial Committee of the Supreme People's Court has specified that the principle of separation of filing and trial shall be abided by for hearing cases of affirming compensation. In case any applicant applies to the people's court for affirming compensation, the division for filing cases of the people's court shall examine and decide whether the case shall be filed and accepted. Upon examination, a case complying with Article 5 of the Provisions shall be transferred to the office of compensation committee for trial after being filed; while a case complying with Article 3 but without the circumstances of Article 4 of the Provisions shall be transferred to the trial supervision court for trial after being filed. IV. No grassroots courts may, pursuant to the prescriptions of Paragraph 2 of Article 2 and Article 20 of the Provisions, accept any case of state compensation as of October 1, 2004. A case which has been accepted prior to September 30 but not concluded yet shall be concluded as soon as possible by analogy to the Provisions. V. It is a complicated trial work to affirm whether a people's court performs duties unlawfully, and the results of both affirmation and denial may bring about great compacts on the society. After the promulgation of the Provisions, the said kind of cases may increase, so each high people's court shall, within its own jurisdiction, organize all kinds of study and training, intensify investigation and research, pay attention to the summarization of trial experiences, and constantly enhance the trial level of affirmation cases. Any specific problems encountered in the implementation of the Provisions shall be timely reported to this Court so as to conduct further research, to intensify instructions and to do well the said trial work. Attachment: Samples of Documents of Affirmation Cases (omitted) |
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