建设更高水平的平安中国丨提升司法服务 维护公平正义

Building a Higher Level of Safe China, Promoting Judicial Services and Safeguarding Fairness and Justice

与2020年同期相比，2021全国法院11月、12月收案数有较大幅度增长，以11月29日至12月17日期间为例，收案数比去年同期增长718673件，同比增长93.80%……

Compared with the same period in 2020, the number of cases received by 2021 national courts in November and December increased significantly. Taking the period from November 29 to December 17 as an example, the number of cases received increased by 718,673 over the same period last year, up 93.80% over the same period last year...

为巩固年底不立案整治成效，切实依法保障当事人诉权，2021年12月最高人民法院提出整治年底不立案“四个严禁”——严禁发号拖延立案、严禁限号限制立案、严禁以调代立、严禁增设门槛，决不允许变相“立案难”反弹回潮。

To consolidate the effectiveness of the rectification of not filing cases by the end of the year and to effectively safeguard the litigants' right to sue in accordance with the law, in December 2021, the Supreme People's Court proposed four strict prohibitions for the rectification of not filing cases by the end of the year: 1. Prohibit delaying case filings; 2. Prohibit restricting the number of cases filed; 3. Prohibit substituting mediation for filing; 4. Prohibit adding thresholds. It is absolutely not allowed to let the difficulty of filing cases rebound in a disguised form.

过去一年来，人民法院坚持以习近平新时代中国特色社会主义思想为指导，深入贯彻习近平法治思想，坚持服务大局、司法为民、公正司法，不断推进人民法院工作高质量发展，为开启全面建设社会主义现代化国家新征程提供了有力司法服务。

Over the past year, the people's courts have adhered to the guidance of Xi Jinping's new era of socialism with Chinese characteristics, thoroughly implemented Xi Jinping's rule of law, adhered to serving the overall situation, serving the people and administering justice fairly, continuously promoted the high-quality development of the work of the people's courts, and provided powerful judicial services for starting the new journey of building a modern socialist country in an all-round way.

公正司法为美好生活保驾护航

Fair Justice Escorts a Better Life

2020年5月，江苏常州溧阳市市民徐某与王某因言语不和发生争执，徐某从厨房拿出一把菜刀从居住的三楼抛掷至楼下。楼下居民向楼上质问，徐某听到质问声后，又去厨房拿出第二把菜刀抛掷至楼下。

In May 2020, Xu and Wang, residents of Liyang City, Changzhou, Jiangsu Province, had a dispute over verbal discord. Xu took out a kitchen knife from the kitchen and threw it downstairs from the third floor where he lived. Residents downstairs questioned the upstairs. After Xu heard the questioning, he went to the kitchen and took out a second kitchen knife and threw it downstairs.

2021年3月1日，溧阳市人民法院经审理后认为，徐某高空抛物行为虽未造成人身伤害或重大财产损失的严重后果，其从建筑物抛掷物品的行为已经构成高空抛物罪，依法判决被告人徐某犯高空抛物罪，判处有期徒刑6个月，并处罚金2000元。这起案件，是刑法修正案（十一）增设高空抛物罪以来，全国法院审判的首例高空抛物罪案件。

On March 1, 2021, after hearing the case, the Liyang City People's Court held that although Xu's throwing of objects from buildings did not cause serious consequences of personal injury or heavy property losses, his throwing of objects from buildings already constituted the crime of throwing objects from high altitude. The defendant Xu was convicted of the crime of throwing objects from high altitude and sentenced to fixed-term imprisonment of 6 months and a fine of 2,000 yuan. This case is the first case of throwing objects at high altitude tried by the national courts since the Criminal Law Amendment (XI) added the crime of throwing objects at high altitude.

“近年来高空抛物案件逐渐增多，有的造成了严重的人身、财产损失。为此，刑法中增设独立、专门的高空抛物罪名，对高空抛物的危险行为予以刑事规制。”中国社会科学院大学法学院副教授祁建建说，人民法院及时准确适用相关法律规定公正裁判，充分发挥了保护人民群众生命财产安全、化解风险安定人心的功能。

"In recent years, the number of cases of throwing objects at high altitude has gradually increased, and some have caused serious personal and property losses. To this end, an independent and special crime of throwing objects at high altitude has been added to the criminal law to regulate the dangerous act of throwing objects at high altitude." Qi Jianjian, associate professor of the Law School of the University of the Chinese Academy of Social Sciences, said that the people's courts applied relevant laws and regulations in a timely and accurate manner and made fair judgments, giving full play to the functions of protecting the safety of people's lives and property, resolving risks and stabilizing people's hearts.

司法审判是实现和彰显公平正义的重要途径。2021年1月1日，民法典正式实施。一年来，全国各地人民法院准确适用民法典，依法公正裁判一系列民事案件，为社会公众的各类民事活动明确规范指引、树立行为指向。此外，在全国人脸识别纠纷第一案、全国首例证券虚假陈述责任纠纷集体诉讼案等一系列社会广泛关注的案件中，人民法院通过依法审理、公正裁量，努力让人民群众在每一个司法案件中都感受到公平正义。

Judicial trial is an important way to achieve and demonstrate fairness and justice. On January 1, 2021, the Civil Code was officially implemented. Over the past year, people's courts across the country have accurately applied the Civil Code and made fair judgments in a series of civil cases, providing clear regulations and guidelines for various civil activities of the public and establishing behavioral directions. In addition, in a series of widely watched cases, such as the first facial recognition dispute case and the country's first collective lawsuit for liability for false statements in securities, people's courts have worked hard to ensure that the public feels fairness and justice in every judicial case through lawful hearings and fair discretion.

实现司法公正的目标，不仅要求有诉必理、有案必立和公正裁判，还要求在裁判后，胜诉的权利能够得到真正实现。过去一年来，人民法院集中整治执行领域突出问题，对历年陈年旧案进行全面清理，共清理无法定事由超过30天未发执行案款1655.36亿元，涉及案件99.92万件。截至目前，所有超期执行案款已基本发放完毕。此外，最高人民法院先后制定了《关于建立健全执行信访案件“接访即办”工作机制的意见》《关于进一步完善执行权制约机制 加强执行监督的意见》等规范性文件，全方位加强对执行权的监督制约。

The realization of the goal of judicial justice requires not only that there must be a lawsuit, a case must be established and a fair judgment, but also that the right to win the case can be truly realized after the judgment. Over the past year, the people's courts have concentrated on tackling outstanding problems in the field of enforcement, and have carried out a comprehensive clean-up of old cases over the years. A total of 165.536 billion yuan, involving 999,200 cases, has not been issued for more than 30 days. So far, all overdue cases have been basically paid. In addition, the Supreme People's Court has successively formulated normative documents such as "Opinions on Establishing and Perfecting the Working Mechanism of" Receiving Visits and Handling Letters and Visits "and" Opinions on Further Perfecting the Restriction Mechanism of Execution Power and Strengthening Execution Supervision "to strengthen the supervision and restriction of execution power in all aspects.

全国四级法院实现跨域立案全覆盖

The national four-level courts have achieved full coverage of cross-domain filing.

“跨域立案服务太便捷了，让我少跑了5000公里！”立案成功后，当事人王某欣喜地说。前不久，新疆维吾尔自治区喀什市人民法院接到王某立案求助，因买卖合同纠纷，他想对5000公里外的浙江省绍兴市柯桥区人民法院提出立案申请。喀什市人民法院将起诉状、证据等材料审核之后上传到中国移动微法院平台上，仅过了十几分钟，柯桥区法院就给王某发来一条短信，通过申请受理立案。

"The cross-domain filing service is too convenient, which makes me run 5000 kilometers less!" After the case was successfully filed, the party concerned, Wang Mou, said happily. Not long ago, the Kashgar Municipal People's Court of Xinjiang Uygur Autonomous Region received Wang Mou's case for help. Due to a dispute over a sales contract, he wanted to apply to the Keqiao District People's Court of Shaoxing City, Zhejiang Province, 5,000 kilometers away. Kashgar Municipal People's Court uploaded the indictment, evidence and other materials to China Mobile's micro-court platform after reviewing them. Only ten minutes later, Keqiao District Court sent a short message to Wang Mou and accepted the case through the application.

便捷，得益于人民法院推行的跨域立案服务。一直以来，“原告就被告”是确定管辖法院的主要原则，当事人通常要到被告所在地法院提交诉讼材料打官司。随着我国经济社会快速发展，人口跨区域流动更频繁，各方当事人异地情况愈发常见，发生纠纷后往往耗费大量时间成本和经济成本。为更便捷群众诉讼，让老百姓打官司少跑腿，近年来人民法院不断推行跨域立案诉讼服务改革。经过多年的努力，2021年2月1日，最高人民法院举行新闻发布会宣布：跨域立案服务在全国四级法院实现全覆盖。

Convenience is enhanced by the cross-regional filing service implemented by the people's courts. Traditionally, the principle of jurisdiction has been "the plaintiff is subject to the defendant," meaning that parties usually have to submit litigation materials to the court located where the defendant resides. With the rapid development of China's economy and society, the cross-regional movement of populations has become more frequent, and it is increasingly common for parties to have disputes in different locations, often incurring significant time and economic costs. To make it more convenient for the public to litigate and reduce the need for individuals to travel for legal matters, people's courts have continuously promoted reforms in cross-regional filing and litigation services in recent years. After years of effort, on February 1, 2021, the Supreme People's Court held a press conference announcing that cross-regional filing services have been fully implemented across the four levels of courts nationwide.

“跨域立案服务主体已包括最高法、高院、中院、基层法院和海事、军事、知识产权等专门法院，并延伸至1万多个人民法庭，实现跨域立案服务主体全覆盖。”最高法立案庭庭长钱晓晨介绍，服务范围包括一审民事、一审刑事自诉、执行案件、行政案件、国家赔偿申请和民事申请再审案件，做到案件类型全覆盖。特别是在疫情防控常态化背景下，通过跨域立案服务在全国法院形成一张“立案协作网”，在保障群众生命安全的同时，让信息多跑路、群众少跑腿，大幅减少人员流动和诉讼成本。

"The main body of cross-domain filing service already includes the Supreme Law, the High Court, the Intermediate Court, the Basic Court and the specialized courts of maritime affairs, military affairs and intellectual property rights, and has been extended to more than 10,000 people's courts to achieve full coverage of the main body of cross-domain filing service." Qian Xiaochen, president of the Supreme Court, said that the scope of service includes first-instance civil cases, first-instance criminal private prosecution, enforcement cases, administrative cases, state compensation applications and civil application retrial cases, so as to achieve full coverage of the types of cases. Especially under the background of normalization of epidemic prevention and control, a "filing cooperation network" has been formed in the national courts through cross-domain filing services. While ensuring the safety of people's lives, information will be allowed to run more roads and people will run less errands, thus greatly reducing personnel mobility and litigation costs.

“人民法院推动跨域立案服务全覆盖，这是继立案登记制改革后，完善法院立案程序的又一关键举措，对保障诉权具有重要意义，有助于提高司法便民水平。”中国政法大学教授刘静坤说，从“一律敞开大门”到“就地提供服务”，司法为民的理念不断落地落实。

"The people's courts have promoted full coverage of cross-domain filing services. This is another key measure to improve the filing procedures of the courts following the reform of the filing and registration system. It is of great significance to the protection of the right of appeal and helps to improve the level of judicial convenience." Liu Jingkun, a professor at China University of Political Science and Law, said that from "all doors are open" to "services are provided on the spot", the concept of justice for the people has been continuously implemented.

一站式多元解纷和诉讼服务体系基本建成

One-stop multi-dimensional dispute resolution and litigation service system has been basically completed.

前不久，广东深圳市市民周某起诉被告杨某要求其解除房屋租赁合同并返还房租押金，起诉后纠纷进入诉前调解程序。调解过程中，双方当事人就微信协商续签的租赁合同效力问题产生争议，多番调解后仍未能达成一致和解协议。考虑到该案案情简单且标的不大，调解员引导当事人选择当即转立案。

Not long ago, Zhou Mou, a citizen of Shenzhen City, Guangdong Province, sued the defendant Yang Mou for rescinding the house lease contract and returning the rent deposit. After the lawsuit, the dispute entered the mediation procedure before the lawsuit. During the mediation process, the two parties had disputes over the validity of the lease contract renewed by WeChat through negotiation. After many times of mediation, they still failed to reach an agreement on settlement. Considering that the case is simple and the target is not large, the mediator guided the parties to choose to transfer the case immediately.

深圳市福田区人民法院诉调对接中心按照“调判分离”工作原则，当即安排法官开庭审理，并于庭后当即作出民事判决，双方当事人表示服判。该案件的快速审结，得益于福田法院当即开庭工作机制，通过调解员积极引导，法官高效审理，实现诉前调解案件成果向审前准备工作的直接转化。

The People's Court of Futian District in Shenzhen has arranged for judges to conduct hearings immediately according to the principle of "separation of mediation and judgment" at the court's mediation and coordination center, and promptly issued a civil judgment afterwards, with both parties agreeing to accept the judgment. The rapid conclusion of this case is attributed to the court's immediate hearing mechanism, which facilitated the direct transformation of the results of pre-litigation mediation cases into pre-trial preparation work through the active guidance of mediators and efficient judicial review by judges.

福田法院的实践，是人民法院一站式多元解纷和诉讼服务体系建设成效的生动体现。2021年3月4日，最高人民法院召开新闻发布会，宣布人民法院一站式多元解纷和诉讼服务体系基本建成，线上线下相结合的中国特色一站式多元解纷格局基本形成。

The practice of Futian Court is a vivid manifestation of the effectiveness of the construction of the people's court's one-stop multi-dimensional dispute resolution and litigation service system. On March 4, 2021, the Supreme People's Court held a press conference, announcing that the one-stop multi-dispute resolution and litigation service system of the People's Court had been basically completed, and the one-stop multi-dispute resolution pattern with Chinese characteristics, which combined online and offline, had basically taken shape.

“在线上，人民法院调解平台实现四级法院100%应用，平均调解时长23天。在线下，各地法院主动融入城乡治理体系，就地预防、排查、化解矛盾纠纷，深化‘分调裁审’机制改革，平均审理周期36天。”钱晓晨介绍，截至2021年底，平台累计汇聚调解案件2446.29万件，调解成功率62.88%；2021年诉前调解成功案件610万件，同比增加43.22%。同时，全国法院多元解纷区、在线调解室、自动繁简分流实现100%全覆盖。通过速裁、快审方式审理案件888.96万件，一审快审服判息诉率达88.7%。

"Online, the people's court mediation platform has realized 100% application of the four-level courts, with an average mediation time of 23 days. Below the line, local courts have taken the initiative to integrate into the urban and rural governance system, prevent, investigate and resolve conflicts and disputes on the spot, and deepen the reform of the" sub-mediation and adjudication "mechanism, with an average trial period of 36 days." Qian Xiaochen said that by the end of 2021, the platform had accumulated 24.4629 million mediation cases, with a mediation success rate of 62.88%. In 2021, 6.1 million cases were successfully mediated before litigation, up 43.22% year on year. At the same time, the national courts have multiple dispute resolution areas, online mediation rooms and automatic separation of complicated and simple cases to achieve 100% full coverage. 8.8896 million cases were tried through quick adjudication and quick trial, with 88.7% of the cases being sentenced to interest in the first instance.

“诉讼服务作为司法文明的重要窗口。服务好不好、人民群众满不满意，直接关系司法质效和公信力。”中国人民大学法学院教授刘俊海说，一站式多元解纷和诉讼服务体系盘活了线上线下的解纷资源，能够及时高效化解争议，做到维权收益高于维权成本、失信成本高于失信收益。同时存量纠纷的多元化解机制，能有效遏制增量矛盾纠纷的滋生，实现维护当事人权益与促进社会和谐的有机统一。

"Litigation services serve as an important window for judicial civilization. The quality of service and the satisfaction of the people are directly related to the effectiveness and credibility of the judiciary," said Liu Junhai, a professor at the Law School of Renmin University of China. The one-stop diversified dispute resolution and litigation service system revitalizes both online and offline dispute resolution resources, enabling timely and efficient resolution of disputes, ensuring that the benefits of safeguarding rights exceed the costs of doing so, and that the costs of dishonesty surpass the benefits of dishonesty. Meanwhile, the diversified resolution mechanism for existing disputes effectively curbs the emergence of new conflicts, achieving an organic unity between safeguarding the rights of the parties involved and promoting social harmony."

《 人民日报 》（ 2022年01月15日 04 版）

"People's Daily" (January 15, 2022, 04 Edition)