Certain Opinions of the Supreme People's Court on Improvement of System of Participation of Presidents, Vice Presidents, Chief Judges, and Vice Chief Judges in Collegiate Panels for the Trial of Cases

最高人民法院关于完善院长、副院长、庭长、副庭长参加合议庭审理案件制度的若干意见

Promulgating Institution: Supreme People's Court

Document Number: Fa Fa [2007] No. 14

Promulgating Date: 03/30/2007

Effective Date: 03/30/2007

颁布机关: 最高人民法院

文    号: 法发[2007]14号

颁布时间: 03/30/2007

实施时间: 03/30/2007

Text

正文

These Opinions are formulated on account of the trial practices for the trial duties of the presidents and vice presidents of the people's courts, chief judges and vice chief judges of the divisions of the courts to better fulfill their duties.

    为了使人民法院的院长、副院长、庭长、副庭长更好地履行审判职责，结合审判工作实际，特制定本意见。

   Article 1   The president or vice president of a court, chief judge or vice chief judge of a division of a court at all levels shall, in addition to trying cases as a member of the judicial committee, try cases as a member of the collegiate panel or as a sole judge each year.

     第一条 各级人民法院院长、副院长、庭长、副庭长除参加审判委员会审理案件以外，每年都应当参加合议庭或者担任独任法官审理案件。

   Article 2   The presidents or vice presidents of courts or the chief judges or the vice chief judges of the divisions of the courts shall try the following cases as members of the collegiate panel:

(1) Difficult, complicated or significant cases;

(2) Cases of new varieties;

(3) Cases having generality in application of law; and

(4) Cases that, in their opinion, shall be tried by them.

     第二条 院长、副院长、庭长、副庭长参加合议庭审理下列案件：

    (一)疑难、复杂、重大案件；

    (二)新类型案件；

    (三)在法律适用方面具有普遍意义的案件；

    (四)认为应当由自己参加合议庭审理的案件。

   Article 3   The quantity requirement of the cases tried by each of the president and vice presidents of the Supreme People's Court and the chief judge or vice chief judge of a division of the Supreme People's Court shall be determined by the Supreme People's Court.

The quantity requirement of the cases tried by each of the presidents and vice presidents of courts at all levels and the chief judges or vice chief judges of the divisions of the courts shall be determined by the respective people's court at the same level according to actual situations in their respective locality. The quantity requirement of the cases determined by the intermediate people's courts and the basic people's courts shall be submitted to the respective high people's court for record-filing.

The president or vice president of a court, or the chief judge or vice chief judge of a division of the court shall select a certain number of cases and act as the person handling the cases.

     第三条 最高人民法院的院长、副院长、庭长、副庭长办理案件的数量标准，由最高人民法院规定。

    地方各级人民法院的院长、副院长、庭长、副庭长办理案件的数量标准，由本级人民法院根据本地实际情况规定。中级人民法院、基层人民法院规定的办案数量应当报高级人民法院备案。

    院长、副院长、庭长、副庭长应当选择一定数量的案件，亲自担任承办人办理。

   Article 4   The trial of cases by the presidents and vice presidents of courts and chief judges and vice chief judges of the divisions of the judges shall serve as the examples for others, and shall, by summering up trial experience, regulate and guide the trial of cases by others.

     第四条 院长、副院长、庭长、副庭长办理案件，应当起到示范作用。同时注意总结审判工作经验，规范指导审判工作。

   Article 5   Where the president or vice president of a court, or the chief judge or vice chief judge of a division of the court participates in the trial of a case as a member of the collegiate panel, the president, vice president, chief judge, or vice chief judge shall serve as the presiding judge and have equal voting rights with those of the other members of the collegiate panel.

When the president or the vice president of a court participates in the deliberation of a case as a member of a collegiate panel and the majority has different opinions from the president or the vice president, the president or the vice president may decide to refer the case to the judicial committee for discussion. The members of the collegiate panel who are not members of the judicial committee should be present at the discussion of the judicial committee.

     第五条 院长、副院长、庭长、副庭长参加合议庭审理案件，依法担任审判长，与其他合议庭成员享有平等的表决权。

    院长、副院长参加合议庭评议时，多数人的意见与院长、副院长的意见不一致的，院长、副院长可以决定将案件提交审判委员会讨论。合议庭成员中的非审判委员会委员应当列席审判委员会。

   Article 6   When the president or vice president of a court, or the chief judge or vice chief judge of a division of the court handles a case, the time for the court hearing, once determined, shall not be changed discretionally.

     第六条 院长、副院长、庭长、副庭长办理案件，开庭时间一经确定，不得随意变动。

   Article 7   The participation of the president or the vice president of a court in the trial of a case as a member of a collegiate panel shall be an important work of his fulfillment of the trial duties and shall be subject to performance assessment and supervision.

     第七条 院长、副院长、庭长、副庭长参加合议庭审理案件，应当作为履行审判职责的一项重要工作，纳入对其工作的考评和监督范围。

   Article 8   These Opinions shall become effective as of the date of issuance.

     第八条 本意见自印发之日起施行。