Source: Hainan Daily
Guard fairness and justice, practice justice for the people
——Looking at Hainan’s practice from the hot words of the “two high” work reports
Hainan Daily correspondent Jin Changbo
On March 8, the work report of the Supreme People’s Court and the work report of the Supreme People’s Procuratorate (hereinafter referred to as the “two high” work reports) were submitted to the Fifth Session of the Thirteenth National People’s Congress for deliberation, and systematically reviewed and summarized the work progress and implementation of the past year. The effectiveness of its functions has effectively demonstrated the firm determination and pragmatic actions to build a socialist country under the rule of law.
On this heavy transcript, a reporter from Hainan Daily found that there are many Hainan-related elements in this year’s “two high” work reports, involving foreign-related civil and commercial trials, one-stop multi-dispute resolution and litigation service system construction, intellectual property justice Protection, juvenile procuratorial, procuratorial public interest litigation, etc.
hot word
Foreign-related civil and commercial trials
The report says:
Open to the outside world with a high level of service. 21,000 foreign-related civil and commercial cases and 14,000 maritime cases were concluded in the first instance.
Hainan does this:
Hainan courts adhere to the principle of “equal protection, diversified solutions, safeguarding rights and interests, and serving development”, and will accept 171,866 civil and commercial cases in 2021, with a target amount of 143.13 billion yuan. In particular, it pays attention to the equal protection of the legitimate rights and interests of parties involved in foreign affairs, Hong Kong, Macao and Taiwan. It signed the “Memorandum of Cooperation in the Mediation of Foreign-related Commercial Disputes” with the China International Mediation and Arbitration Institute, the China-ASEAN Arbitration Association and other units, and established the “Overseas Chinese-related Dispute Mediation Studio”. 795 cases. “Creating an Integrated Foreign-related Civil and Commercial Court of “Establishment, Trial and Enforcement” and “Trinity” Diversified Resolution Mechanism for International Commercial Disputes was selected as a case of Hainan Free Trade Port System Integration Innovation.
hot word
One-stop Diversified Dispute Resolution Service
The report says:
The people’s court not only needs to settle disputes, but also provide a variety of solutions for the masses to resolve disputes, put the non-litigation dispute resolution mechanism at the front, and provide menu-based, intensive, one-stop services, including mediation, arbitration, and trial.
Hainan does this:
Hainan courts have deepened new measures to facilitate and benefit the people, vigorously deepen the construction of a one-stop multi-dispute resolution and litigation service system, and set up a system of “one center and ten platforms”. Online grading, online court hearings and other services have effectively reduced the burden of public complaints. In 2021, in the dynamic assessment of the quality and efficiency of court litigation services across the country, the Hainan Provincial High Court will be ranked first among the national high courts for a long time, and the Hainan Court will be ranked in the top five for a long time.
hot word
Safe business and beneficial enterprise legalized business environment
The report says:
Adhere to the “two unswerving”, implement the opinions on accelerating the improvement of the socialist market economic system in the new era, and equally protect the legitimate rights and interests of various market players.
Efforts will be made to create a legal business environment that is safe for business and beneficial to enterprises. Strive to prevent enterprises from getting into trouble due to cases, and continue to implement procuratorial policies such as the application of probation suggestions to the persons in charge of enterprises involved in business-related crimes without arrest, those who can not prosecute, and those who can not be sentenced to actual sentences.
Hainan does this:
Hainan Court set up a “Judicial Service Liaison Office” in the Provincial SASAC, and established a mechanism with the Provincial Federation of Industry and Commerce to protect the legitimate rights and interests of various market players in accordance with the law, equally and in a timely manner. Strictly and prudently use judicial enforcement measures such as seizure, seizure, and freezing, and conscientiously control the seizure and preservation that exceeds the standard and beyond the time limit, so as to minimize the impact of the judiciary on normal life and production and operation.
Hainan procuratorial organs established a normalized mechanism for contacting enterprises and quick handling of enterprise-related cases, prosecuted 276 people who committed crimes against the legitimate rights and interests of private enterprises, and refrained from arresting or prosecuting 164 persons in charge of private enterprises involved in the case. 49 criminal cases were “suspended”, and 347 person-times of corporate social correction personnel were supported to engage in production activities in other places, and efforts were made to ensure the normal operation of enterprises.
hot word
Fewer arrests with caution
The report says:
Actively implement the criminal justice policy of fewer arrests, prudent prosecution and prudent detention. Adapting to changes in the structure of criminal offenses, while severely punishing serious criminal offenses, lenient treatment of most minor offenders, first-time offenders, etc. in accordance with the law, and fewer arrests, careful prosecution, and prudent detention are conducive to dividing crimes and reducing social opposition.
Hainan does this:
The Hainan procuratorate insisted on both fighting crime and protecting human rights, not arresting 2,866 people who did not pose social danger, and not prosecuting 2,215 people with minor crimes. better than the national average. In accordance with the deployment of the Supreme People’s Procuratorate, a special activity to review the necessity of detention was carried out, and 471 detainees were proposed to be released or changed to compulsory measures. The pre-trial detention rate in our province was 51.1%, a year-on-year decrease of 7.8 percentage points.
hot word
Hard to crack
The report says:
Adhering to efficient, fair, standardized, and civilized enforcement, courts across the country accepted 9.493 million enforcement cases, concluded 8.642 million enforcement cases, and executed 1.94 trillion yuan.
Hainan does this:
In 2021, Hainan courts will continue to carry out enforcement tasks, accepting 98,237 enforcement cases throughout the year, and the amount of enforcement in place is 13.154 billion yuan. Continue to promote the construction of a comprehensive governance of enforcement difficulties, co-sign with the Provincial Commission for Discipline Inspection and Supervision and the Organization Department of the Provincial Party Committee on the “Measures for Transferring Clues of Dishonesty and Obstructing Execution of Disciplinary and Legal Issues”, and cooperate with the Provincial Public Security Department, the Provincial Taxation Bureau, and the Provincial Big Data Administration, etc. The units worked together to solve the blocking problems such as finding people and things, and implemented the construction of the linkage work system to be promoted nationwide. Guide the establishment of the concept of goodwill and civilized implementation, pay attention to “reserving water and raising fish” in the implementation, and leave opportunities for difficult enterprises to survive and save themselves.
hot word
Intellectual Property Judicial Protection
The report says:
Promote innovation-driven development. We concluded 541,000 first-instance intellectual property cases, protecting innovation and stimulating creativity.
The Supreme People’s Procuratorate followed up with the establishment of the Intellectual Property Procuratorate Office, and 20 provincial-level procuratorates including Beijing, Hainan, and Shaanxi deepened the integrated performance of intellectual property criminal, civil and administrative prosecutions and strengthened comprehensive protection.
Hainan does this:
Hainan courts have deepened intellectual property judicial services, actively promoted the healthy development of the intellectual property court in Hainan Free Trade Port, and set up a special intellectual property court in Sanya Yazhou Bay Science and Technology City to fully safeguard the technological innovation of Hainan Free Trade Port. In 2021, the Intellectual Property Court of Hainan Free Trade Port will accept 306 cases and close 278 cases, with a case closing rate of 90.85%.
Hainan procuratorial organs actively followed up with the Supreme People’s Procuratorate to set up the Intellectual Property Procuratorate Office, established the Intellectual Property Procuratorate Office in the Provincial Procuratorate, and established comprehensive case-handling organizations in the three courts. The province prosecuted 32 people for crimes such as counterfeiting registered trademarks and counterfeiting patents, a year-on-year increase of 1.9 times. .
hot word
Minor Protection
The report says:
Prosecutorial comprehensive protection allows children to grow up better. Implement the law on the protection of minors, and integrate judicial protection into family, school, society, Internet and government protection to form a joint force, so that “1+5>6=real”.
Hainan does this:
Hainan’s procuratorial organs adhere to the principle of “tolerance without connivance” in handling juvenile crime cases. If the circumstances are serious and need to be punished according to law, they will prosecute 652 people; if the circumstances are minor and show repentance, they will focus on education, probation, and rescue, and will not prosecute 359 people. Established 21 “one-stop” judicial protection places, and cooperated with various parties to help 126 minors involved in crimes return to school or find employment. Regularly promote the rule of law into the campus, insist that leaders at all levels take the lead in serving as vice-principals of the rule of law in primary and secondary schools, and take the lead in teaching the rule of law courses.
hot word
public interest litigation
The report says:
Let public interest litigation more effectively protect the public interest. 169,000 public interest lawsuits were filed and handled, including 20,000 civil public interest lawsuits and 149,000 administrative public interest lawsuits, an increase of 50%, 3.6 times and 37.3% respectively over 2018.
Hainan does this:
Hainan’s procuratorate focused on strengthening the judicial protection of Hainan’s social and public interests, and vigorously strengthened public interest litigation procuratorial work. A total of 1,280 public interest litigation cases were filed, a year-on-year increase of 5%. Adhere to the realization of the purpose of protecting public interests before litigation as the best judicial state, issued 910 pre-litigation procuratorial suggestions, a year-on-year increase of 6.2%, and the rectification rate of administrative organs reached 99.9%; for serious damage to public interests, 56 lawsuits were filed, with a court approval rate of 100 %, which not only saves judicial resources, but also promotes problem solving. Actively expanded the field of cases, and filed 117 cases in new fields such as personal information protection and fire safety, a year-on-year increase of 1.9 times. (Hainan Daily, Beijing, March 9th)