2024-01-22 09:59:15
(Original title: Work Report of the People’s Court of Guangyang District, Langfang City)
Site of the Fourth Session of the Sixth People’s Congress of Guangyang District, Langfang City
On January 21, 2024, at the fourth meeting of the Sixth People’s Congress of Guangyang District, Langfang City, Wang Peiheng, acting president of the People’s Court of Guangyang District, Langfang City, made a work report to the conference.
Wang Peiheng, acting president of Guangyang District People’s Court, made a work report
1. Work review in 2023
The District Court has always adhered to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era and thoroughly implemented Xi Jinping Thought on the Rule of Law. Under the correct leadership of the District Committee, under the strong supervision of the District People’s Congress and its Standing Committee, and with the concern of the District Government, District CPPCC and all sectors of society, the District Court With the support of the CPC Central Committee, we faithfully perform our duties, serve the overall situation, administer justice for the people, and administer justice fairly. All work is progressing steadily. Throughout the year, 34,106 cases of various types were accepted, an increase of 8,595 cases over the previous year; 30,574 cases were concluded, an increase of 12,260 cases over the previous year; the case closure rate was 89.64%, an increase of 17.86 percentage points over the previous year. The number of cases closed per judge ranks first in the city’s grassroots courts and third in the province’s grassroots courts.
1. Deepen safety construction and maintain social stability
Punish all types of crimes in accordance with the law. 600 criminal cases were concluded and 678 criminals were sentenced. Maintain a high-pressure posture against crimes that infringe on citizens’ personal rights and frequent crimes against property, focus on cracking down on crimes that undermine the order of the socialist market economy and crimes that impede social management order, and maintain social stability, people’s tranquility and property security.
Regularly crack down on crime and eliminate evil. The Anti-Organized Crime Law was comprehensively publicized and conscientiously implemented, and 3 criminal cases involving 8 persons were concluded. Ma Aijun, the protector of the “Tangshan Barbecue Restaurant Beating Case”, former party committee member of the Tangshan Municipal Public Security Bureau and former director of the Lubei Branch, was sentenced to 12 years in prison and fined RMB 700,000 for the crime of bending the law for personal gain and accepting bribes.
Prevent and resolve financial risks. Properly handle criminal cases in the financial field to prevent them from evolving into large-scale economic risks and social risks. Five cases of illegally absorbing deposits from the public were concluded with six people involved, involving a subject matter of 208 million yuan. Courts from many places went to Guangyang to learn trial experience. The practice of “interpreting laws through cases for specific groups” was publicized and reported by China News Network.
Strengthen judicial protection of human rights. Accurately apply the policy of combining leniency with severity, and implement the leniency system for guilty pleas and punishments, with an application rate of 90%. Properly handle minor criminal cases, fully implement systems for closed trials and criminal record sealing, and promote the “traceless” return of minors involved in crimes to society.
2. Focus on central work and serve high-quality development
Completely, accurately and comprehensively implemented the new development concept, concluded 13,833 first-instance commercial cases, maintained market order, and optimized the legal environment.
Service guarantee key tasks. Properly resolve hidden risks involving law and litigation in key projects and provide legal support for substantive resolution of problems. Strengthen judicial cooperation with surrounding courts to provide good legal services for building Guangyang District into an urban economic highland, a new aviation urban area, and an ecological quality home. A dispute over a service contract between a group company in Hebei and a foreign-owned real estate consulting company in Beijing was selected as a typical case in the court system of Hebei Province and was published by Hebei Legal News and other media.
Help optimize the business environment. Open a green channel for enterprise-related cases to speed up the litigation process. Strengthen good-faith and civilized execution, and prudently adopt compulsory measures with minimal impact on the companies involved in accordance with the law, help companies tide over difficulties, and strive to achieve a win-win result of credit protection and corporate bailout. Concluded 3 bankruptcy liquidation cases, supervised 1 corporate reorganization, promoted the revitalization of corporate assets of more than 85 million yuan, and resolved corporate debts of 498 million yuan.
Promote the construction of ecological civilization. Implementing the “Two Mountains” concept, we concluded 3 cases of damaging environmental resources involving 10 people in accordance with the law, protected the ecological environment and beautiful homes, investigated and supervised environmental restoration, and promoted green development.
3. Practicing justice for the people and responding to people’s expectations
Adhere to the people-centered development philosophy and effectively safeguard the legitimate rights and interests of people involved in litigation.
Adhere to the combination of law, reason and emotion. We implemented the Civil Code, accurately grasped judicial principles, vigorously promoted core socialist values, strengthened differentiated protection for vulnerable groups, worked hard to repair family relationships, and concluded 2,232 first-instance civil cases.
Continue to strengthen implementation work. 13,451 cases of various types were concluded, with an execution amount of more than 1.64 billion yuan. We have improved the long-term mechanism to solve enforcement difficulties, carried out multiple special operations, and maintained a high-pressure posture. We have included 1,938 persons subject to execution on the list of dishonest persons, issued high-consumption restriction orders to 5,215 persons subject to execution, and handed over clues to the public security organs for the crime of resisting execution 6 pieces. Focused on resolving antagonisms and promoting parties to implement reconciliation in 1,895 cases. Promote cross-domain enforcement and realize the people’s rights to win lawsuits to the greatest extent.
Actively meet the needs of the masses. Establish the concept of “I am suing”, promote the “Ma Xiwu Trial Method”, facilitate the public’s litigation, and handle cases conscientiously. The construction of a one-stop diversified dispute resolution and litigation service system was further promoted, and online litigation was vigorously promoted. 12,049 cases were filed online, 486 cases were held online, 4,524 cases were paid online, and 9,821 cases were served electronically, promoting the modernization of trial work. Judicial aid was provided to 7 people in 5 cases, with a relief fund of 240,000 yuan, and litigation fees of 378,000 yuan reduced and waived, which solved the practical difficulties of some parties involved in the lawsuit.
4. Strengthen reform and innovation and pay close attention to performance improvement
Taking the launch of the second batch of thematic education as an opportunity, we should seek truth from facts, comprehensively and in-depthly investigate and address shortcomings, overcome difficulties with innovative thinking and scientific methods, and move forward with courage. Starting from the fourth quarter, we will accurately define the role of the court, adhere to the problem-oriented and systematic concept, and through the “four governance” actions, we will strengthen the quality internally and build the image externally, improve the work level of the court, and better serve the overall situation of the district.
Comprehensive source treatment. Bearing in mind the spirit of General Secretary Xi Jinping’s important instructions on “putting non-litigation dispute resolution mechanisms at the forefront”, the litigation source management pattern under the leadership of the district committee has continued to improve and develop, and the district court has established a regular basis with various non-litigation dispute resolution organizations throughout the district. Close contact to form a joint force to resolve disputes and promote the construction of a social governance community.
Powerful treatment of siltation. The hospital’s resources were revitalized, strict node control was implemented, and the backlog problems such as difficulty in court scheduling, difficulty in delivery, long appeal transfer cycle, and large number of long-term pending cases were solved one by one. In the fourth quarter, the overall number of closed cases in the hospital increased significantly. From September to December, 13,591 cases were closed, accounting for 45% of the total number of cases closed throughout the year. The number of long-term open cases dropped from 359 at the beginning of September to 7 at the end of September, and the time for handling cases continued to shorten.
Conduct visits according to the situation. Learn from the “Pujiang Experience”, reduce the number of petitions and strictly prevent increases. Adhere to giving priority to results and implementing policies according to the case, and resolve major and difficult cases in an orderly manner, and the visits to Beijing have basically been resolved in place. Guided by the goal of closing the case and substantively resolving conflicts, we insist on adhering to the verdict and settling the lawsuit throughout the entire work process, changing the waiting list of visits to proactive visits, and promoting the resolution of the sources of conflicts and disputes.
Scientific management of litigation. Guided by the new version of the trial quality management indicator system, with the supervision of court presidents and data statistical reporting as the main focus, diligent supervision and diligent supervision will cultivate the judges’ habit of handling cases independently based on the assessment indicators, promote the modernization of trial management, and comprehensively improve the quality and efficiency of trial execution. Lay a solid foundation.
5. Consciously accept supervision and continuously improve work
Actively accept supervision from relevant agencies. Adhere to the major event reporting system and regularly report work to the National People’s Congress and its Standing Committee. Invite deputies to the National People’s Congress, members of the Chinese People’s Political Consultative Conference, and representatives of cadres and the masses to witness and participate in judicial activities. Carefully handle representatives’ suggestions and committee members’ proposals. Invite members of the Commission for Discipline Inspection and Supervision to observe court hearings of duty-related crime cases, invite the person in charge of the Political and Legal Commission for Discipline Inspection to attend party group meetings, and support the procuratorial organs in conducting litigation supervision.
Fully accept social supervision. Promote democracy throughout the judicial process, organize lawyers and representatives of litigation participants to hold symposiums, extensively solicit opinions from all parties, and properly handle “messages from the justices” and various types of letters and visits. Through the official website and “two micro and one terminal”, court information is released in a timely manner and widely accepted by the media and public supervision.
Focus on strengthening internal supervision. Implemented the supervisory responsibilities of the president of the court, supervised 1,570 “four types of cases”, and effectively guided the direction of case handling. Through judicial inspections and trial inspections, problems existing in case handling were promptly corrected, and retrial procedures were initiated for 20 cases.
6. Comprehensive and strict management and building an excellent team
Implement the general requirements for party building in the new era, focus on party building to lead team building, use team building to promote trials, and promote the revolutionary, regular, professional, and professional construction of the court team.
Strengthen political construction. We must resolutely implement the “Regulations on Political and Legal Work” and take a clear-cut stand on politics. Use the party’s classic theories and innovative theories to guide practice and solve problems, and promote the transformation of learning results into development momentum. The reelection of the team of each branch of the agency was successfully completed, “building the branch in the court”. The branch secretaries are all middle-level police officers, ensuring that party building and business work are deployed and promoted in an integrated manner. We must unswervingly follow the path of socialist rule of law with Chinese characteristics, truly integrate “from a political perspective, and handle it from a legal perspective” into every judicial case, and build political loyalty with clear political awareness and strict political discipline.
Improve judicial capabilities. Carry forward the great spirit of party building, cultivate professionalism, strengthen awareness of innovation, improve work concepts, and overcome difficulties together with one heart and one mind. Organize professional training in a timely manner to learn newly promulgated laws and regulations, discuss difficult practical issues, and improve the overall judicial level. Enrich cultural carriers, hold youth salons, and convene symposiums to stimulate endogenous motivation, enhance professional honor and belonging, and create a good atmosphere of learning, chasing, helping, and surpassing, and the spiritual outlook becomes more and more vibrant.
Improve discipline and style. Adhere to taking integrity as the bottom line of work and persevere in upholding integrity and discipline. Strictly implement the “three regulations” to prevent interference in the judiciary and the “ten strict prohibitions” for political and legal police officers in the new era, vigorously promote the construction of party style and clean government and the fight against corruption, and strive to create a clean and upright political environment.
Dear deputies, the various achievements of the District Court are the result of the correct leadership of the District Committee and the strong supervision of the People’s Congress. They are the result of the strong support of the District Government and the District CPPCC. They are also the result of the understanding, trust and enthusiastic help of the NPC deputies and CPPCC members. Here, on behalf of the District Court, I would like to express my heartfelt thanks to all the representatives, committee members and people from all walks of life who care about, understand and support the work of the court!
While affirming the achievements, we are also soberly aware that there are still many problems and difficulties in the work of the district courts, which are mainly reflected in: the level of litigation services still lags behind the judicial expectations of the broad masses of the people; the failure of grassroots infrastructure construction To keep up with the needs of development; the judicial ability to accurately serve high-quality economic and social development and the high-quality life of the people needs to be further improved, etc.
2. Main tasks in 2024
In 2024, the Guangyang District People’s Court will grasp the worldview and methodology of implementing Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, adhere to and make good use of the positions, viewpoints, and methods that run through it, continue to strengthen team building, and continue to rectify problems. We should face difficulties, forge ahead, better perform legal duties, and provide powerful judicial services and guarantees for regional social stability, economic development, and people’s satisfaction.
1. Build political loyalty and uphold the party’s absolute leadership. Always put political construction first and unswervingly adhere to the party’s absolute leadership. Guided by Xi Jinping’s Thought on the Rule of Law, we will unswervingly follow the path of socialist rule of law with Chinese characteristics. Comprehensively and thoroughly implement the spirit of the 20th National Congress of the Communist Party of China, organically combine upholding the party’s leadership with the exercise of judicial power in accordance with the law, and ensure that the decisions and deployments of the Party Central Committee are implemented to the letter and are effective.
2. Perform duties conscientiously in accordance with the law and serve to ensure the overall development. We will severely punish all types of crimes in accordance with the law, carry out regular crackdowns on gangs and evil, and build a strong judicial barrier for social stability. Comprehensively implement the new development concept, serve the new development pattern, and continue to optimize the legal business environment. Focus on the needs of the masses and strengthen judicial protection of people’s livelihood. We will improve long-term mechanisms to effectively resolve implementation difficulties and promote the construction of a social integrity system.
3. Adhere to integrity and innovation, and accelerate the modernization of trials. Strengthen grassroots infrastructure construction, move the litigation service center from the second floor to the first floor, improve convenience functions, and improve the informatization level of case acceptance, trial, execution, supervision and other aspects. We will continue to deepen the management of litigation sources and achieve a further reduction in the number of cases received. Continue to consolidate the results of clearing backlogged cases and promote a virtuous cycle of closing cases. Promote the legalization of litigation-related petitions and strive to solve the problem of origin of petitions. Focusing closely on the new version of the trial quality indicator system, we will comprehensively improve the quality and efficiency of case handling, effectively improve the business environment index, and accelerate the modernization of the trial system and trial capabilities.
4. Improve judicial style and forge loyal, clean and responsible court warriors. Adhere to comprehensive and strict governance of the party, conscientiously fulfill the main responsibilities, and pay close attention to team management. Strengthen the team’s own construction and improve leadership. Strengthen the awareness of purpose and improve the people’s work ability. Consolidate the main responsibility for building party style and clean government, actively accept all types of supervision, and promote judicial integrity and fairness. Promote the overall excellence of the court team and comprehensively enhance judicial credibility.
Fellow representatives, the new era requires new responsibilities, and the new journey calls for new actions. In the new year, the District Court will adhere to political guidance, vigorously uphold integrity and innovate, apply systemic concepts, pay close attention to improving quality and efficiency, and use a more high-spirited attitude to faithfully perform its duties and strive to be the first, comprehensively upgrade the work of the District Court, and strive to make The people of Guangyang and guests from all over the world feel the efficiency, convenience, fairness and authority of the court’s work!
Further reading:
Chen Jizhi, the main criminal in the Tangshan beating case, was sentenced to 24 years in prison. Lawyer: It is already a heavy sentence
On September 23, 2022, the People’s Court of Guangyang District, Langfang City, Hebei Province publicly pronounced the first instance verdict on the illegal and criminal case organized by Chen Jizhi and other evil forces: the defendant Chen Jizhi was guilty of provocation, robbery, gathering to fight, opening a casino, and illegal detention. The crime, intentional injury, concealment and concealment of criminal proceeds, and the crime of assisting information network criminal activities shall be punished for several crimes. It was decided to execute a fixed-term imprisonment of 24 years and be fined RMB 320,000.
Many criminal lawyers said in interviews with reporters from the Beijing News that the maximum term of fixed-term imprisonment in my country is 25 years, but in this case, the first defendant Chen Jizhi was sentenced to 24 years, which is almost the maximum sentence and is already a heavy sentence; According to regulations, if the total term of fixed-term imprisonment is less than 35 years, the maximum term cannot exceed 20 years, and if the total term is more than 35 years, the maximum term cannot exceed 25 years; therefore, Chen Jizhi’s total term of imprisonment has exceeded 35 years.
Surveillance footage from the scene of Tangshan beating case
How did the twenty-four-year sentence come about after the “eight crimes were punished together”?
According to the People’s Court of Guangyang District, Langfang City, Hebei Province, Chen Jizhi committed the crimes of picking quarrels and provoking trouble, robbery, gathering to fight, opening a casino, illegal detention, intentional injury, covering up and concealing criminal proceeds, and assisting information network criminal activities. crime. The reporter combed through and found that among the eight crimes he committed, robbery and intentional injury are punishable by up to the death penalty. Robbery is generally sentenced to fixed-term imprisonment of not less than three years but not more than ten years. The most minor charges, such as the crime of assisting information network criminal activities, can also be sentenced to fixed-term imprisonment of up to three years or criminal detention.
According to the “Amendment to the Criminal Law of the People’s Republic of China (Eleven)”, the crime of opening a casino is generally punishable by fixed-term imprisonment of not more than five years, criminal detention or surveillance; if the circumstances are serious, the crime is not less than five years but not more than 10 years of fixed-term imprisonment. The crime of illegal detention is generally punishable by fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; if it causes serious injury, the sentence is not less than three years but not more than ten years of fixed-term imprisonment; if it causes death, the sentence is not less than ten years of fixed-term imprisonment. The crime of opening a casino is generally punishable by fixed-term imprisonment of not more than five years, criminal detention or surveillance; if the circumstances are serious, the person is sentenced to fixed-term imprisonment of not less than five years but not more than ten years. Those who cover up and conceal the proceeds of a crime are generally sentenced to fixed-term imprisonment of not more than three years and criminal detention; if the circumstances are serious, they are sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
“The total sentence for Chen Jizhi’s eight crimes should be more than 35 years, otherwise his final execution sentence would not be 24 years.” Luo Longping, a lawyer at Beijing Jingshi Law Firm, said, “Criminal Law of the People’s Republic of China” Article Article 69 stipulates the general principle of concurrent punishment for several crimes. If a person commits several crimes before the judgment is pronounced, except for those sentenced to death or life imprisonment, the sentence to be executed shall be less than the total sentence and more than the highest among the several sentences. The sentence to be executed shall be determined as appropriate. , however, the maximum term of public surveillance cannot exceed three years, the maximum term of criminal detention cannot exceed one year, the maximum term of fixed-term imprisonment cannot exceed 20 years if the total term of imprisonment is less than 35 years, and the maximum term of fixed-term imprisonment cannot exceed 25 years if the total term of imprisonment is more than 35 years. Year.
The main criminal, Chen Jizhi, was sentenced to 24 years in prison
Luo Longping told reporters that Chen Jizhi’s twenty-four-year sentence was already a heavy sentence. “When sentencing, the court must fully consider various legal and discretionary sentencing circumstances. The offender’s attitude after committing the crime, the return of stolen goods and compensation, and whether he has obtained the victim’s understanding.” etc., can all affect the court’s final sentencing.”
According to reports, Chen Jizhi cried bitterly during his final speech in the trial, saying that he was sorry for the country and Tangshan. “The offender has shown remorse, can proactively explain the facts of the entire crime, and clearly understands the harm his criminal behavior has caused to the victim and society. If he is also willing to actively compensate the victim or the victim’s family. Then the court will When sentencing, appropriate leniency will be considered,” Luo Longping said.
Conditions for reduced sentences for crimes related to crime will be stricter
Li Yongheng, a lawyer at Shandong Taicheng Law Firm, believes that although Chen Jizhi has many crimes, even if he is sentenced to death for robbery, he must abide by strict standards, such as causing death or serious injury during the robbery; in addition, according to our country’s laws, grassroots people The court shall transfer first-instance criminal cases that may be sentenced to life imprisonment or death to the Intermediate People’s Court. “Therefore, it is correct that no death penalty or life imprisonment was imposed in this case.”
Liu Qing, a lawyer at Chongqing Zhihao Law Firm, told reporters that it is rare for the first offender in a crime-related case to be sentenced to 24 years in prison. “On the one hand, Chen Jizhi is the first offender of a crime-related criminal organization, and he is involved in many crimes, including several crimes. The combined sentence will be very high; on the other hand, this case is a case of high social concern, so a heavy sentence is in line with people’s psychological expectations and can also deter other criminals.”
Liu Qing introduced that according to Article 22 of the “Anti-Organized Crime Law of the People’s Republic of China”, the organizers, leaders and key members of organized crime should be strictly controlled with bail pending trial, non-prosecution, suspended sentence, commutation of sentence, Applicable conditions for parole and temporary supervised release. “At the same time, according to the provisions of Article 78 of the Criminal Law of the People’s Republic of China, if a person is sentenced to fixed-term imprisonment, the actual sentence after commutation shall not be less than one-half of the original sentence. Even if Chen Jizhi fully meets the conditions for commutation, every time Even if the maximum reduction of sentence is given, the final actual period of detention cannot be less than 12 years,” Liu Qing said.
How to defend yourself after being violated
Luo Longping told reporters that after this case, the whole society should pay more attention to the “justifiable defense” system. For the country, it should do a good job in popularizing the law and improving the system of relevant laws and regulations to encourage citizens to dare to defend themselves and fight against criminals; Citizens should raise their awareness of legitimate defense and take appropriate defensive actions in compliance with legal provisions.
Article 20 of the “Criminal Law of the People’s Republic of China” stipulates that any act taken to stop an unlawful infringement in order to protect the country, public interests, the personal, property and other rights of oneself or others from ongoing unlawful infringement shall be punished against the unlawful infringer. If the damage is caused, it is legitimate defense and will not bear criminal liability.
“When people generally have an understanding of the identification methods and characteristics of legitimate defense, they can bravely fight against illegal elements and better protect the rights and interests of individuals or others from illegal infringement.” Luo Longping said.
Liu Qing believes that when citizens are subjected to violence in public places, they must first protect themselves and call the police promptly after fixing evidence. In addition, when people are subjected to violence, especially when they are not in an advantageous situation, they must try to use their wisdom to fight with the criminals. Circle around and look for opportunities to escape instead of provoking criminals; make good use of the surrounding environment and seek all possible help, such as calling for help from the surrounding people and asking them to help call the police.
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