Notice of the Supreme People's Court on Printing and Distributing the "Implementing Opinions on Reforming and Improving the System for Adjudication Committees of the People's Courts"

最高人民法院关于印发《关于改革和完善人民法院审判委员会制度的实施意见》的通知

Promulgating Institution: Supreme People's Court

Document Number: Fa Fa [2010] No. 3

Promulgating Date: 01/11/2010

Effective Date: 01/11/2010

Revision History：

颁布机关: 最高人民法院

文    号: 法发[2010]3号

颁布时间: 01/11/2010

实施时间: 01/11/2010

Text

正文

To the high people's courts of all provinces, autonomous regions, and municipalities directly under the Central Government, the Military Court of the People's Liberation Army and Xinjiang Uygur Autonomous Region High People's Court Production & Construction Corps Branch:

Implementing Opinions on Reforming and Improving the System for Adjudication Committees of People's Courts have been approved by the Central Committee of the Communist Party of China, and are hereby printed and distributed to you for implementation. During the implementation, you are requested to report any comment or suggestion to the Supreme People's Court promptly.

January 11, 2010

    各省、自治区、直辖市高级人民法院，解放军军事法院，新疆维吾尔自治区高级人民法院生产建设兵团分院：

    《关于改革和完善人民法院审判委员会制度的实施意见》已经中央批准，现印发给你们，请认真贯彻执行。执行中如有意见和建议，请及时报告我院。

    2010年1月11日

Implementing Opinions of the Supreme People's Court on Reforming and Improving the System for Adjudication Committees of People's Courts

In order to reform and improve the system for adjudication committees of people's courts, and to enhance the quality and efficiency of the adjudication work, these Opinions are formulated in accordance with the provisions of the Organic Law of the People's Courts, the Criminal Procedure Law, the Civil Procedure Law, the Administrative Procedure Law and other relevant laws and by taking into account the actu1. The system for adjudication committees of people's courts is an important component of the socialist judicial system with Chinese characteristics. The adjudication committees of the people's courts at all levels have played important roles in summarizing experience in trial and adjudication, guiding the trial and adjudication work, trying difficult, complicated and important cases, etc. for decades. Along with the development of the socialist market economy, socialist democracy and the socialist legal system of China, the awareness of the mass public to resolve disputes via the courts has been constantly improving. There has been a year-on-year increase in the number of cases accepted by the courts nationwide and of cases of new types. All these have posed an increasingly high demand to the quality of trial and adjudication of cases. In order to respond to new situations and tasks, to establish an impartial, efficient and authoritative socialist judicial system, and to achieve a scientific and standardized working mechanism and procedure for adjudication committees, it is necessary to constantly reform and improve the system for adjudication committees of people's courts.al situation of the trial and adjudication work of people's courts.

    关于改革和完善人民法院审判委员会制度的实施意见

    为改革和完善人民法院审判委员会制度，提高审判工作质量和效率，根据人民法院组织法、刑事诉讼法、民事诉讼法、行政诉讼法等法律的规定，结合人民法院审判工作实际，制定本意见。

    一、人民法院审判委员会制度是中国特色社会主义司法制度的重要组成部分。几十年来，各级人民法院审判委员会在总结审判经验，指导审判工作，审理疑难、复杂、重大案件等方面发挥了重要作用。随着我国社会主义市场经济和民主法制建设的发展，人民群众通过法院解决纠纷的意识不断增强，全国法院受理案件的总量和新类型案件逐年增多，对审判质量的要求越来越高。为了适应新形势、新任务的要求，建立公正、高效、权威的社会主义司法制度，实现审判委员会工作机制和工作程序的科学化、规范化，应当不断改革和完善人民法院审判委员会制度。

2. When reforming and improving the system for adjudication committees, all people's courts shall adhere to the guiding principle of "Three Supremacies (namely, supremacy of the cause of the Communist Party of China, the supremacy of the interest of the people and the supremacy of the Constitution and law)" for their work, uphold the Party's leadership over the work of people's courts, voluntarily accept the supervision of the people's congresses, consciously maintain the dignity and authority of the Constitution and laws, consciously protect the legitimate rights and interests of the people, and shall carry out the work on the basis of local conditions of the trial and adjudication work, and move forward the reform efforts vigorously yet prudently in accordance with the law.

    二、改革和完善审判委员会制度，应当坚持“三个至上”的人民法院工作指导思想，坚持党对人民法院工作的领导，自觉接受人民代表大会监督，自觉维护宪法、法律的尊严和权威，自觉维护人民合法权益，坚持从审判工作实际出发，依法积极稳妥推进。

3. An adjudication committee is the supreme trial organ of a people's court and plays an important role in summarizing experience in trial and adjudication and in trying difficult, complicated and important cases.

    三、审判委员会是人民法院的最高审判组织，在总结审判经验，审理疑难、复杂、重大案件中具有重要的作用。

4. The adjudication committee of the Supreme People's Court is responsible for the trial of cases and the supervision, administration and guidance of the trial and adjudication work as follows:

(1) Discussing difficult, complicated and important cases;

(2) Summarizing experience in the trial and adjudication work;

(3) Formulating judicial interpretations and regulatory documents;

(4) Listening to the reporting of work from the departments carrying out trial and adjudication;

(5) Discussing and determining typical cases which are instructive for the trial and adjudication work; and

(6) Discussing other significant issues relating to the trial and adjudication work.

    四、最高人民法院审判委员会履行审理案件和监督、管理、指导审判工作的职责：

    （一）讨论疑难、复杂、重大案件；

    （二）总结审判工作经验；

    （三）制定司法解释和规范性文件；

    （四）听取审判业务部门的工作汇报；

    （五）讨论决定对审判工作具有指导性意义的典型案例；

    （六）讨论其他有关审判工作的重大问题。

5. The adjudication committee of a local people's court at any level is responsible for the trial of cases and the supervision, administration and guidance of the trial and adjudication work as follows:

(1) Discussing difficult, complicated and important cases;

(2) Summarizing experience in the trial and adjudication work according to the actual situation of the locality and the court;

(3) Listening to the reporting of work from the departments carrying out trial and adjudication;

(4) Discussing and determining cases which are referential to the trial and adjudication work of the court or in the area of jurisdiction; and

(5) Discussing other significant issues relating to the trial and adjudication work.

    五、地方各级人民法院审判委员会履行审理案件和监督、管理、指导审判工作的职责：

    （一）讨论疑难、复杂、重大案件；

    （二）结合本地区和本院实际，总结审判工作经验；

    （三）听取审判业务部门的工作汇报；

    （四）讨论决定对本院或者本辖区的审判工作具有参考意义的案例；

    （五）讨论其他有关审判工作的重大问题。

6. The people's court at any level shall strengthen the specialization construction of its adjudication committee, improve the political quality, moral quality and legal professional ability of the members of its adjudication committee, and enhance the judicial capacity of such members to ensure that such members are the court's best judges in both quality and professional ability. The adjudication committee of the people's court at any level shall consist of the president and vice president of the people's court and the chief judges of the divisions of the people's court and shall additionally be equipped with several experienced judges who do not hold leading posts, and have good political quality, rich experience in trial and adjudication, with a higher theoretical level of law and diploma of higher education in law.

The Decision on Further Strengthening the Work of People's Courts and People's Procuratorates promulgated by the Central Committee of the Communist Party of China has expressly specified the standard and conditions for the full-time members of an adjudication committee, and the people's courts at all levels shall equip their adjudication committee with several full-time members.

    六、各级人民法院应当加强审判委员会的专业化建设，提高审判委员会委员的政治素质、道德素质和法律专业素质，增强司法能力，确保审判委员会组成人员成为人民法院素质最好、水平最高的法官。各级人民法院审判委员会除由院长、副院长、庭长担任审判委员会委员外，还应当配备若干名不担任领导职务，政治素质好、审判经验丰富、法学理论水平较高、具有法律专业高等学历的资深法官委员。

    中共中央《关于进一步加强人民法院、人民检察院工作的决定》已经明确了审判委员会专职委员的配备规格和条件，各级人民法院应当配备若干名审判委员会专职委员。

7. With respect to a significant issue in the trial and adjudication work of a people's court, or a difficult, complicated or important case, or a case that is difficult for a collegiate panel to render a ruling, the adjudication committee of the people's court shall render a decision on such issue or case after discussion or trial. The president or vice president-in-charge of the people's court shall decide on whether or not to submit the case or subject under discussion to the adjudication committee for discussion.

    七、人民法院审判工作中的重大问题和疑难、复杂、重大案件以及合议庭难以作出裁决的案件，应当由审判委员会讨论或者审理后作出决定。案件或者议题是否提交审判委员会讨论，由院长或者主管副院长决定。

8. The following cases tried by the Supreme People's Court shall be submitted to its adjudication committee for discussion and decision:

(1) Cases where legally effective rulings or decisions rendered by the Supreme People's Court truly contain errors, and which need to be retried; and

(2) Criminal cases where the Supreme People's Procuratorate lodges protest according to the adjudication supervision procedure.

    八、最高人民法院审理的下列案件应当提交审判委员会讨论决定：

    （一）本院已经发生法律效力的判决、裁定确有错误需要再审的案件；

    （二）最高人民检察院依照审判监督程序提出抗诉的刑事案件。

9. The following cases tried by a high or intermediate people's court shall be submitted to its adjudication committee for discussion and decision:

(1) Cases which need to be retried because the legally effective rulings or decisions rendered thereon by the people's court truly contain errors;

(2) Criminal cases where the people's procuratorate at the same level lodges protest according to the adjudication supervision procedure;

(3) Cases where a death penalty with sentence executed immediately is proposed to be imposed;

(4) Cases where a criminal penalty less than statutory penalty or exemption from criminal penalty is proposed to be imposed;

(5) Cases where the defendant is proposed to be declared innocent;

(6) Cases where an instruction request on the application of law is proposed to be filed to the people's court at the higher level; and

(7) Cases which contain significant and complicated facts and need to be reported and transferred to the people's court at the higher level for trial.

    九、高级人民法院和中级人民法院审理的下列案件应当提交审判委员会讨论决定：

    （一）本院已经发生法律效力的判决、裁定确有错误需要再审的案件；

    （二）同级人民检察院依照审判监督程序提出抗诉的刑事案件；

    （三）拟判处死刑立即执行的案件；

    （四）拟在法定刑以下判处刑罚或者免于刑事处罚的案件；

    （五）拟宣告被告人无罪的案件；

    （六）拟就法律适用问题向上级人民法院请示的案件；

    （七）认为案情重大、复杂，需要报请移送上级人民法院审理的案件。

10. The following cases tried by a basic people's court shall be submitted to its adjudication committee for discussion and decision:

(1) Cases which need to be retried because the legally effective rulings or decisions rendered thereon by the people's court truly contain errors;

(2) Cases where a penalty less than statutory penalty or exemption from criminal penalty is proposed to be imposed;

(3) Cases where the defendant is proposed to be declared innocent;

(4) Cases where an instruction request on the application of law is proposed to be filed to the people's court at the higher level;

(5) Criminal cases where life imprisonment or death penalty is deemed to be necessary and which need to be reported and transferred to an intermediate people's court for trial; and

(6) Cases which contain significant and complicated facts and need to be reported and transferred to the people's court at the higher level for trial.

    十、基层人民法院审理的下列案件应当提交审判委员会讨论决定：

    （一）本院已经发生法律效力的判决、裁定确有错误需要再审的案件；

    （二）拟在法定刑以下判处刑罚或者免于刑事处罚的案件；

    （三）拟宣告被告人无罪的案件；

    （四）拟就法律适用问题向上级人民法院请示的案件；

    （五）认为应当判处无期徒刑、死刑，需要报请移送中级人民法院审理的刑事案件；

    （六）认为案情重大、复杂，需要报请移送上级人民法院审理的案件。

11. When a people's court tries the following cases, its collegiate panel may submit such cases to the president of the people's court for deciding on whether or not to submit such cases to the adjudication committee for discussion:

(1) Cases where material disagreement exists among the members of the collegiate panel and a decision is difficult to be made;

(2) Cases for which where is no clear and definite provisions under laws and there exist difficult issues concerning the application of law;

(3) Cases of which the settlement results are likely to produce significant social influence;

(4) New types of cases which are instructive for the trial and adjudication work; and

(5) Other difficult, complicated and important cases which need to be submitted to the adjudication committee for discussion.

With respect to a case that the collegiate panel does not propose to be submitted to the adjudication committee for discussion, it shall nonetheless be submitted to the adjudication committee for discussion if the president or vice president-in-charge of the people's court or the chief judge of a division of the people's court deems it necessary.

    十一、人民法院审理下列案件时，合议庭可以提请院长决定提交审判委员会讨论：

    （一）合议庭意见有重大分歧、难以作出决定的案件；

    （二）法律规定不明确，存在法律适用疑难问题的案件；

    （三）案件处理结果可能产生重大社会影响的案件；

    （四）对审判工作具有指导意义的新类型案件；

    （五）其他需要提交审判委员会讨论的疑难、复杂、重大案件。

    合议庭没有建议提请审判委员会讨论的案件，院长、主管副院长或者庭长认为有必要的，得提请审判委员会讨论。

12. With respect to a case which needs to be submitted to the adjudication committee for discussion, the collegiate panel shall report such case to the chief judge of a division of the people's court and then to the vice president-in-charge of the people's court for submission to the president of the people's court for decision. The president or vice president-in-charge or chief judge may require the collegiate panel to review the case when deeming it unnecessary to submit the case to the adjudication committee.

For the adjudication committee to discuss a case, the collegiate panel shall submit a report on the trial of the case. Such report shall be made according to the standard requirements, objectively and comprehensively reflect the fact or evidence of the case and opinions of both of the parties or the prosecutor and defender, and state the focus of disputes of the collegiate panel, disagreements and the content of the proposed judgment. Such report shall be sent to the members of the adjudication committee in advance.

    十二、需要提交审判委员会讨论的案件，由合议庭层报庭长、主管副院长提请院长决定。院长、主管副院长或者庭长认为不需要提交审判委员会的，可以要求合议庭复议。

    审判委员会讨论案件，合议庭应当提交案件审理报告。案件审理报告应当符合规范要求，客观、全面反映案件事实、证据以及双方当事人或控辩双方的意见，说明合议庭争议的焦点、分歧意见和拟作出裁判的内容。案件审理报告应当提前发送审判委员会委员。

13. When the adjudication committee discusses a case, all the members of the collegiate panel and the responsible persons of the departments in charge of trial work shall be present. In the retrial of a case which has been tried and closed by the court with legally effective ruling, the members of the collegiate panel and the responsible persons of the departments in charge of the trial in the original instance shall also be present. The president of the relevant people's court or the vice president who is appointed by the president to preside over the meeting may decide on other persons who shall be present.

When the adjudication committee discusses a case, the chief procurator of the people's procuratorate at the same level or the vice chief procurator appointed by the chief procurator may be present.

    十三、审判委员会讨论案件时，合议庭全体成员及审判业务部门负责人应当列席会议。对本院审结的已发生法律效力的案件提起再审的，原审合议庭成员及审判业务部门负责人也应当列席会议。院长或者受院长委托主持会议的副院长可以决定其他有必要列席的人员。

    审判委员会讨论案件，同级人民检察院检察长或者受检察长委托的副检察长可以列席。

14. The meeting of an adjudication committee shall be presided over by the president of the relevant people's court. The president may appoint the vice president to preside over the meeting when failing to preside over the meeting with cause.

    十四、审判委员会会议由院长主持。院长因故不能主持会议时，可以委托副院长主持。

15. An adjudication committee shall discuss a case according to the sequence of hearing a report, making inquiry, expressing opinions and voting. The person designated to handle the case is responsible for making the report, and other members of the collegiate panel are responsible for making supplements to the report. After the members of the adjudication committee have heard the reporting, made inquiries and expressed their opinions, other persons who sit in on the meeting may express their opinions upon permission of the presiding person.

    十五、审判委员会讨论案件按照听取汇报、询问、发表意见、表决的顺序进行。案件由承办人汇报，合议庭其他成员补充。审判委员会委员在听取汇报、进行询问和发表意见后，其他列席人员经主持人同意可以发表意见。

16. The democratic centralism shall be applicable when an adjudication committee discusses a case. The members of the adjudication committee shall, in general, express their opinions on the basis that the member who is at a higher position speaks later, and the presiding person shall be the last to express opinions.

The members of the adjudication committee shall discuss a case fully and comprehensively. Such members shall express their opinions in an objective, fair, independent and equal way. Such members shall not be subject to liability due to expression of opinions, and their opinions shall be recorded and kept in files.

After the members of the adjudication committee express their opinions, the presiding person shall sum up their opinions and prepare a resolution according to majority opinion for voting. The resolution of an adjudication committee shall be prepared based on the opinions of half or more of all members of the adjudication committee.

    十六、审判委员会讨论案件实行民主集中制。审判委员会委员发表意见的顺序，一般应当按照职级高的委员后发言的原则进行，主持人最后发表意见。

    审判委员会应当充分、全面地对案件进行讨论。审判委员会委员应当客观、公正、独立、平等地发表意见，审判委员会委员发表意见不受追究，并应当记录在卷。

    审判委员会委员发表意见后，主持人应当归纳委员的意见，按多数意见拟出决议，付诸表决。审判委员会的决议应当按照全体委员二分之一以上多数意见作出。

17. An adjudication committee shall perform its duty of supervision, administration and guidance of the trial and adjudication work by means of resolution.

    十七、审判委员会以会议决议的方式履行对审判工作的监督、管理、指导职责。

18. A people's court at or above the intermediate level may establish a permanent office for its adjudication committee, and a basic people's court may have designated full-time personnel for its adjudication committee.

The permanent office of an adjudication committee is responsible for handling routine affairs of the adjudication committee, supervising, inspecting and implementing decisions of the adjudication committee, and undertaking other matters designated by the adjudication committee.

    十八、中级以上人民法院可以设立审判委员会日常办事机构，基层人民法院可以设审判委员会专职工作人员。

    审判委员会日常办事机构负责处理审判委员会的日常事务，负责督促、检查和落实审判委员会的决定，承担审判委员会交办的其他事项。