Institutional Overview of Qingdao Intermediate Court

In recent years, under the leadership of the Municipal Party Committee, the supervision of the National People's Congress, the support of the municipal government, the CPPCC and all sectors of society, and the guidance of the higher courts, the Qingdao Court has adhered to the political direction of serving the overall work of the party and the country, and adhered to the principle of People's satisfaction is the highest standard, striving to be first-class is the goal, adhering to the purpose of "judiciary for the people", focusing on the theme of "justice and efficiency", constantly strengthening the police officers' sense of responsibility and overall awareness, establishing a judicial brand concept, and strictly acting in accordance with the law. Pay attention to the art of work, pursue the best results, vigorously strengthen team building, continuously deepen court reform, strengthen internal and external supervision mechanisms, standardize the internal management of the court, and continuously improve the quality and efficiency of trials, ensuring the economic development of our city and social stability, and serving our The city's opening to the outside world and economic development have created a good legal environment, which has been affirmed by superior authorities and praised by the people. Since 1999, Qingdao Intermediate People's Court has been commended and awarded more than 30 times by the Supreme Court, Shandong Provincial Party Committee, Provincial Higher Court, and Qingdao Municipal Party Committee. Among them, it was awarded the honorary title of "National Advanced Court" by the Supreme Court once, and was honored with first-class collective merit. once. Among the 12 grassroots courts under its jurisdiction, 4 courts have been awarded first-class collective merit by the Supreme Court and the Provincial Higher Court.

2. Overview of the trial and enforcement work of the city’s courts in recent years

In recent years, the city’s courts have firmly adhered to the “four insistences” in their trial and enforcement work: Persistence Focusing on trial and execution work, we adhere to the political direction of serving the overall work of the party and the country, adhere to the work theme of "justice and efficiency", and adhere to the service purpose of "judiciary for the people". Implement three "basic policies": act strictly in accordance with the law, pay attention to work art, and pursue the best results; strive to achieve the "three major goals": create an excellent legal environment, create a judicial service brand, create a first-class court in the country, and contribute to our city's reform and opening up, Economic development and social stability provide strong judicial protection. From 1999 to 2002, the city's courts tried and executed 473,123 cases of various types, with a settlement amount of 70.496 billion yuan. Among them, in 2002, the city's courts accepted 92,753 cases of various types and concluded 93,525 cases (including old cases). The settlement amount of civil and commercial cases reached 8.331 billion yuan, and the settlement amount of enforcement cases reached 5.363 billion yuan.

The first and third major trial work situations. Adhering to the "crack down" policy and punishing various crimes in accordance with the law, from 1999 to 2002, the city's courts concluded 20,720 first-instance criminal cases. Among 25,002 criminals whose judgments were legally effective, 4,158 were sentenced to fixed-term imprisonment of more than five years to death. , creating a good public security environment for our city's economic development and opening to the outside world; fairly hearing all types of civil and commercial cases, regulating various economic relations and other social relations in accordance with the law, doing a good job in the trial of foreign-related civil and commercial cases, and promoting opening to the outside world; 1999 From 2002 to 2002, the city's courts concluded 291,716 various civil and commercial cases, with a settlement amount of 48.413 billion yuan; they tried various administrative cases in accordance with the law. In the past five years, the city's courts concluded various administrative cases, non-litigation administrative enforcement cases and state compensation cases. There were 12,017 cases.

Second, the progress and effectiveness of implementation work. In the five years from 1999 to 2002, the Communist Party of China closed 150,486 cases, with a target amount of 22.083 billion yuan. An enforcement bureau has been established, an enforcement work leading group and a coordination and supervision office for major and difficult cases have been established to strengthen unified leadership and coordination of the city's enforcement work; a liaison system has been established with relevant government departments to conduct, within the scope of legal provisions and policy permissions, Our city has provided key protection and support to large and medium-sized state-owned enterprises, pillar industries, and large enterprise groups with famous brands, helping a large number of state-owned enterprises to tide over difficulties; enforcement measures have been taken strictly in accordance with the law, and more than 130 large-scale enforcement measures have been taken. We acted in a unified manner to clean up the backlog of 17,988 execution cases, and punished violent resistance to the law and refusal to perform effective judgments in accordance with the law. Detention measures were taken against 3,786 people who resisted execution or refused to perform, thus safeguarding judicial authority.

Third, three basic experiences in trial and enforcement work.

In judicial practice, we have summarized three basic experiences and identified them as three basic guidelines for handling cases, namely, "handle matters strictly in accordance with the law, pay attention to work art, and pursue the best results", and strive to achieve the unification of legal effects and social effects. These three basic principles are not only the judicial guiding ideology that our city's courts have always advocated, but also the successful experience of our city's courts in creating first-class courts. We unify the three in judicial practice and use it as the guiding ideology and working method for handling cases, which runs through every aspect of case handling. We insist on organically combining the role of trial functions with serving the construction of the economy, and insisting on strict compliance with the law and the rule of law. It combines publicity and education, pays attention to work art and social effects, conducts patient and meticulous ideological work on the parties, attaches great importance to court mediation in the trial of civil and commercial cases, strives to resolve disputes, and reduce litigation costs. At present, the mediation settlement rate of civil and commercial cases in the city's courts has reached 55.

Fourth, serve the economy, serve the people, and serve the society. Adhere to the people's court's purpose of serving the people, and make all the work of the court serve the economy, the people, and society. Vigorously conduct investigations and research to provide high-quality legal services for the economic development of our city. It has successively carried out research activities such as "Visiting 100 Enterprises and Visiting 100 Litigants", and participated in activities such as "Optimizing the Development Environment and Visiting Thousands of Enterprises" to understand the production and operation status of enterprises and the public's requirements and suggestions for the work of the court, and enhance the economic Develop the pertinence and effectiveness of services; actively participate in the comprehensive management of social security, co-organize the "Court Fax" column with TV stations, broadcast live court sessions, co-operate with radio stations on legal publicity programs to hold public judgments; publish legal publicity in media at all levels Manuscripts; carefully handle letters from the people and receive visits from the public; do a good job in supervising and reforming criminals, handle commutation and parole cases in accordance with the law, return visits and help educate criminals serving sentences outside prison; make judicial suggestions to relevant departments; open a "Tianping hotline" to communicate with the people Contact with the masses and all sectors of society to facilitate parties’ complaints and proactively solve problems for the people. Since its opening in August 2002, the *** has accepted and handled 3,864 opinions, suggestions and requests from parties and all sectors of society on the work of the court, and answered legal questions Consultations and legal aid were provided 8,249 times; judicial aid activities were actively carried out to ensure that those parties whose legitimate rights and interests were infringed but who were in real financial difficulties could afford to litigate. In 2002, the city's courts reduced, postponed or exempted 21.8308 million yuan in litigation fees for extremely poor enterprises and extremely poor people in accordance with the law, safeguarding the legitimate rights and interests of disadvantaged groups.

3. Reform and development of Qingdao courts in recent years

Reform is the fine tradition of Qingdao courts, and innovation is the successful experience of Qingdao courts. In recent years, our court has focused on the work theme of "Justice and Efficiency" and adhered to the reform and development idea of ??"requiring quality from reform, requiring efficiency from reform, and requiring talent from reform", continuously deepening court reform and building work to ensure "justice and efficiency" operation mechanism, vigorously strengthen the construction of the court team, and promote the professionalization process of judges.

First, explore the characteristics and rules of court work, carry out institutional reform and system innovation, and establish a fair and efficient new trial operation mechanism. It took the lead in the country to carry out reforms to select outstanding judges, strengthen the responsibilities of trial organizations, establish a collegial system of presiding judges with unified responsibilities and powers, and establish a system of judicial assistants, which effectively solved the problem of administrative operation of judicial power; effectively solved It solves the problem of unclear levels of ability of judges and allows everyone to handle cases; it effectively solves the problem of inconsistent powers and responsibilities, and straightens out the relationship between judges and the collegial panel, the collegial panel and the president, chief judge and judicial committee. , prompting the president in charge and the chief judge to take to the front line of trials and promoting new developments in trial work. At the same time, corresponding supporting reforms have been carried out, and a case supervision and evaluation system, an erroneous case responsibility investigation system and an illegal trial responsibility investigation system have been established to strengthen responsibilities and supervision. This reform has achieved the optimal allocation of trial resources, improved trial quality and efficiency, and provided useful reference for the Supreme Court to implement the presiding judge, sole judge selection system and judge assistant system.

Second, build a scientific trial and execution operation management mechanism and implement case trial process management.

Establish a trial and execution procedure command center with the case-filing tribunal as the main focus, and a new trial operation mechanism that focuses on strengthening the supervision of case trial processes and takes open and fair procedures as the main content. Implement the separation of trial, trial and supervision, and separation of trial and execution, strengthen internal supervision and constraints, and supervise the entire trial and execution process of cases. Implement unified filing of cases and establish a system for scheduling court sessions. Implement the separation of complex and simplified cases and establish a pre-trial procedural system; implement a litigation evidence exchange system and increase the hearing procedures for controversial issues; implement a plea trial method and implement a public trial system. The filing division manages and supervises the entire process of case filing, service, preservation, court opening, case closing, execution, filing, etc., which increases the transparency of the case handling process, prevents the occurrence of cases exceeding the trial limit, and improves the quality of trials and Efficiency

Third, boldly carry out reform of the trial supervision system, establish a new trial supervision operation mechanism, and ensure the unity of the right to appeal and the maintenance of res judicata. New standards for filing cases for retrial have been formulated, a system for limiting the number of retrials and a time limit for appeals has been established, and the "entry gate" of retrial cases has been strictly controlled. Unlimited appeals have been changed to limited appeals, and unlimited retrials have been changed to limited retrials, which not only protects citizens' appeals It not only maintains the power of judgment and judicial authority, but also solves the problems of disordered appeals and waste of judicial resources. Standards for identification of new evidence and standards for revision of judgments in retrial cases have been formulated, and retrial operating procedures have been standardized. This reform has received great attention from the superior courts. The Supreme Court held an on-site meeting on the national trial supervision reform in our city, and our court introduced its experience. Since the implementation of the trial supervision reform system, 97% of the parties have withdrawn their lawsuits after retrials, ensuring the quality of retrial cases.

Fourth, promote the reform of the enforcement system and achieve a virtuous cycle of enforcement work. In accordance with the deployment of superiors, an enforcement bureau has been established, and an enforcement working mechanism has been established with unified leadership, unified management, unified command, and unified coordination of the enforcement work of the courts at higher and lower levels; a system of separation of enforcement jurisdiction and enforcement power has been implemented to strengthen internal supervision and restrictions to prevent enforcement. abuse of power; explore effective enforcement methods, adopt multiple enforcement methods such as elevated execution, designated execution, cross execution, centralized execution, and court execution to break through the obstacles of local protectionism and departmental protectionism; explore property audit, New methods of execution such as property investigation, consumption restrictions, and rewards for reporting are used to encourage persons subject to execution who have the ability to perform their obligations; the system of suspending case filing, credit certificates, and execution hearings is implemented to ensure the best results in execution; the collegial system for execution rulings and Unify the entrustment system for property evaluation and auction to prevent arbitrariness in law enforcement; publicize and explain the difficulty of enforcement work and the risk responsibilities of economic activities that parties should bear, correct cognitive deviations, so that the people understand and support the enforcement work; reform the enforcement fee system, and try our best to Reduce the burden on parties; adopt various education and rectification measures, strengthen management and supervision, and improve the quality of the execution team and the level of law enforcement.

Fifth, strengthen the construction of the leadership team and the construction of the team of judges, and strive to create a team of high-quality judges that can adapt to the needs of the new situation. The first is to pay close attention to the construction of the leadership team to improve the cohesion of the team and the combat effectiveness of the team; the second is to manage according to the law, strictly control the "entrance" of the court team, strictly implement the appointment avoidance system, and generally implement the personnel system of "competition for posts, two-way selection, and optimized combination" The reform has selected a large number of outstanding talents with both ability and political integrity, stimulating the vitality within the team; third, strengthening education and training, strengthening academic education and job training, and improving the overall quality of the team. So far, 96.2% of the city’s court judges and staff have a college degree or above, including 240 people who have a master’s degree in law or have attended postgraduate training courses. Among the 413 people in the Intermediate Court, 409 have a college degree or above, accounting for 99%. Among them, 235 have a bachelor's degree, accounting for 56.9%; 52 have a master's degree or above, accounting for 12.6%. The fourth is to attach great importance to the construction of party style and clean government, address both the symptoms and root causes, and comprehensively manage, strengthen the management of litigation fees, and strictly implement the "two lines of revenue and expenditure" regulations; conscientiously implement the responsibility system for the construction of party style and clean government and the "four systems" of the Supreme Court, and seriously investigate and punish violations Disciplinary cases and violations of laws and disciplines are decreasing year by year.

The fifth is to carry out in-depth activities to strive for excellence, strive to be a "good court that satisfies the people", and strive to be a "good judge that satisfies the people", carry out activities such as the "Law Enforcement Image Year" and the "Style Construction Year" to improve the trial style and form a A good atmosphere of working hard and striving for excellence. From 1999 to the present, 11 collectives and 23 judges of the city's courts have been commended by the central government and the Supreme Court, and 27 collectives and 217 judges have been commended by the provincial level.

Sixth, take the road of scientific and technological construction of the hospital, strengthen the construction of infrastructure and material equipment, and provide reliable guarantee for trial and execution work. Increased investment in equipment construction, built a news center and a computer center; established a computer wide area network for the court system, and developed a court management network system; held computer shorthand skills training for many times, basically achieving penless court trial records; strengthened judicial appraisal Equipment construction, the introduction of advanced scientific and technological equipment and technology, the establishment of DNA laboratories, literature inspection chemistry, literature inspection physics, electrophysiology laboratories, etc., using high technology to analyze and identify evidence, provide scientific basis for ascertaining facts and fair trials ; And it has identified 1,504 difficult cases for more than 30 courts in more than a dozen provinces and cities across the country, expanding Qingdao’s influence; the city’s court offices, trial venues, transportation and communications, police equipment and other conditions have been significantly improved . This book has achieved the goals of standardized administrative management, office automation, penless court records, and scientific judicial appraisal, providing material guarantees for the development of court work.

IV. Division of work functions of various departments

1. The first criminal trial court

has 23 personnel. Job responsibilities: try crimes endangering national security in accordance with the law, Coordinate and guide the first and second instance criminal cases, juvenile crime cases, and related major cases such as crimes endangering public security, crimes infringing on citizens' personal rights and democratic rights, crimes disrupting social management order, crimes endangering national defense interests, etc. Trial commutation and parole cases in accordance with the law; supervise and guide the relevant work of grassroots people's courts.

2. The Second Criminal Trial Chamber

It is staffed by 16 people, and their job responsibilities are: to try crimes of undermining the order of the socialist market economy, crimes of infringement of property, crimes of corruption and bribery, crimes of malfeasance, etc. Coordinate and guide the work of first and second instance criminal cases and related major cases; supervise and guide the relevant work of grassroots people's courts.

3. The First Civil Trial Chamber

The staff is 38, and their job responsibilities are: to try the first and second instance real estate cases, property ownership and related contract disputes cases, and labor dispute cases in accordance with the law. , personnel dispute cases, civil dispute cases involving foreign countries, overseas Chinese, Hong Kong, Macao and Taiwan; supervise and guide the relevant work of grassroots people's courts.

4. The Second Civil Trial Chamber

It is staffed by 24 people, and their job responsibilities are: to try the first and second instance contract dispute cases such as sales, custody, and contracting in accordance with the law; rural contract dispute cases ; Supervise and guide the relevant work of grassroots people's courts.

5. The Third Civil Trial Tribunal

It is staffed by 16 people and its job responsibilities are: to try the first and second instance intellectual property dispute cases in accordance with the law; to try intellectual property rights that are not subject to the effective judgment of the basic people's court. Trial supervision cases and corporate bankruptcy and other dispute cases; supervise and guide the relevant work of grassroots people's courts.

6. The Fourth Civil Trial Tribunal

It is staffed by 22 people. Job responsibilities: try the first and second instance of foreign-related, Hong Kong, Macao and Taiwan-related commercial dispute cases and financial dispute cases in accordance with the law; supervise, Guide the relevant work of grassroots people's courts.

7. The Fifth Civil Trial Chamber

It is staffed with 38 people, and its job responsibilities are: to try the first and second instance marriage, family, and inheritance cases in accordance with the law; damage compensation cases; personal rights cases; creditor's rights , debt cases; guide the work of people's courts; supervise and guide the relevant work of grassroots people's courts.

8. Case Filing Division

It is staffed by 33 people and its job responsibilities are: Responsible for the registration, filing, scheduling and trial process management of various cases accepted by the Municipal Intermediate People's Court in accordance with the law; Trial jurisdictional dispute cases in accordance with the law; review various appeals and retrial applications against the effective judgments of the people's courts at the city's two levels; be responsible for judicial relief work; be responsible for petition work; supervise and guide the filing and petition work of grassroots people's courts.

9. Administrative Tribunal (co-located with the Office of the Compensation Commission)

It has 17 personnel and its job responsibilities: try administrative cases of first and second instance in accordance with the law; review and enforce administrative agencies Apply for compulsory execution cases; handle state compensation cases accepted by the Compensation Committee; supervise and guide the relevant work of grassroots people's courts.

10. Trial Supervision Tribunal

It is staffed with 18 people and its job responsibilities are: to try various retrial cases that are not satisfied with the effective judgment of the Municipal Intermediate People’s Court in accordance with the law; to try criminal and civil cases that are not satisfied with the effective judgment of the Basic People’s Court. , retrial cases of administratively effective judgments; review state compensation cases; try retrial cases protested by the Municipal People's Procuratorate; supervise and guide the relevant work of grassroots people's courts.

11. The First Enforcement Tribunal

The staff is 18, and their job responsibilities are: Responsible for the adjudication of enforcement cases by the Executive Bureau of this court; Responsible for the Executive Bureau’s research, publicity, information, materials, training, Implementation of assessment work; deciding on cases of promotion, cross-over, and designated execution; execution of arbitration, impartiality, and criminal incidental civil cases; handling of major and difficult cases assigned for approval; cases of promotion and designation by superiors; responsible for applying for reconsideration of decisions on fines and detentions Review of cases; supervise and guide relevant work of grassroots people's courts.

12. The Second Enforcement Tribunal

It is staffed by 27 people. Job responsibilities: Responsible for the execution of the first-instance effective judgments, rulings and mediation agreements of the Municipal Intermediate People’s Court regarding property; execution Other legal documents stipulated by law and executed by the Municipal Intermediate People's Court.

13. General Division

The staff is staffed by 6 people. Job responsibilities: Responsible for the judicial statistics of execution cases in the city's court system, execution business training, execution meeting planning and organization; major instruction cases Supervise work; handle relevant procedures for entrustment and entrusted cases; contact foreign courts; be responsible for the implementation of the reward and punishment system of the Executive Bureau.

14. Delivery and Preservation Office

There are 15 personnel. Job responsibilities: responsible for serving various cases accepted by the Municipal Intermediate People’s Court in accordance with the law; according to the application of the parties, Take litigation preservation measures and evidence preservation measures.

15. Research Office (the office of the Court’s Judgment Committee is located in the Research Office)

It is staffed by 11 people, with job responsibilities: handling the affairs of the Judgment Committee; responsible for organizing investigations and research, summarizing and promoting typical experiences ; Responsible for requesting instructions or answering questions on applicable laws and policies; responsible for compiling comprehensive information, publicity reports, and editing publications; researching and collecting opinions on draft local laws and regulations; responsible for judicial statistics and analysis; supervising and guiding the relevant work of grassroots people's courts.

16. Technical Room

It is staffed by 12 people. Job responsibilities: Responsible for the judicial technical appraisal work of the Municipal Intermediate People's Court; supervise and guide the relevant work of the grassroots People's Court.

17. Judicial Police Detachment

Equipment of 26 personnel, job responsibilities: Responsible for guarding the court, escorting prisoners, executing death sentences, cooperating with relevant tribunals and execution bureaus to implement relevant matters; maintaining order in the agency ; Responsible for the security of the court's office building; mobilizing and directing the judicial police of the grassroots people's courts to complete important tasks; responsible for reviewing and reporting the police ranks of the judicial police of the city's court system; supervising and guiding the relevant work of the grassroots people's courts.

18. Discipline Inspection Team

Eight personnel, job responsibilities: responsible for the party’s discipline inspection and administrative supervision work in this court and the city’s court system; assisting the party group to ensure good party conduct and clean government construction and anti-corruption efforts.

19. Political Department

The Political Department consists of the Organization and Personnel Office, the Judges Management Office (working together with the Registrar Management Office), and the Education and Training Office, all at the director level.

The staff is equipped with 18 people. Job responsibilities: guide the ideological and political work of the two-level people's courts in the city; assist the district (city) party committees in building the leadership team and team of the grassroots people's courts; be responsible for the court and its subordinate Responsible for the cadre personnel, labor wages, organizational establishment and personnel file management of public institutions; responsible for the evaluation and promotion approval of judges in the city's courts; responsible for the review and approval of people entering the city's court system; responsible for the annual work assessment of the city's courts and the review of the city's courts Responsible for the target responsibility system of each department of the court and the assessment of presiding judges; responsible for the approval and filing of the establishment, change, and cancellation of the city's grassroots courts and dispatched tribunals; responsible for the education, training, and commendation and rewards of this court and the city's court system; responsible for reporting to the intermediate level Matters concerning court staff going abroad, visiting, studying and taking examinations in Hong Kong, Macao and Taiwan; responsible for handling the relevant procedures for the court seals of the city's courts and the production of the seals of various departments of the court.

20. Office

The office consists of Secretarial Department, Administrative Department, and Financial Department. The above three departments are established by the agency service center, and there is also a computer center.

There are 32 personnel with job responsibilities: responsible for the management and distribution of special materials and equipment; responsible for the management of weapons and ammunition; responsible for the equipment of the city's court system and the construction of the two courts; assisting the president and court leaders in organizing, Coordinate and handle daily work; responsible for secretarial, electronic, confidential, confidential, archives, books and comprehensive conference organization, coordination and leading work; responsible for the agency's printing, stationery supplies, and office supplies service guarantee; responsible for the agency's office space, Responsible for the management and service of police dormitories; responsible for the formulation of large-scale and important foreign personnel reception plans and foreign affairs arrangements and leading work; responsible for the notification and arrangement of various meetings of the hospital and the system; responsible for the planned financial and management funds of the hospital, litigation fees and Stolen money and stolen goods; responsible for environmental sanitation services in office areas; responsible for intermediate court communication services and city-wide court network management; guiding and supervising the collection, use, and management of court fees across the city; guiding the relevant work of grassroots courts; responsible for written materials General, informational, briefing work.

21. Institutional Party Committee

The staff is composed of 6 people. Job responsibilities: Responsible for the party building of the institution, youth, labor, women, mass, and youth league organization work, family planning work, Spiritual civilization construction work; Judges Association work, etc.

22. Government Service Center

The Government Service Center is co-located with the Infrastructure Office. The agency service center consists of the equipment department, vehicle management department, and reception department, as well as a canteen department, an automobile repair shop, and a production base.

The staff is equipped with 61 people, and their job responsibilities are: Responsible for the transportation service guarantee of the hospital; Responsible for the water, electricity, heating and other equipment services of the hospital; Responsible for the catering service of the police officers and employees of the hospital; Responsible for the reception of outsiders ; Responsible for the quality supervision of the construction of the trial complex building and the economically adapted housing for police officers and the organization and coordination of related matters; responsible for the daily management of the production base of the hospital.

23. Training Service Center

The training service center consists of Ruifengyuan Hotel and Ruifengyuan Hotel Yangkou Branch.

There are 6 staff members. Job responsibilities: responsible for the daily management of Ruifengyuan Hotel and Ruifengyuan Hotel Yangkou branch; responsible for the hospital’s Ruifengyuan Hotel and Ruifengyuan Hotel Yangkou branch. Responsible for the reception services for various meetings, visits, and study personnel arranged by the department; responsible for the various operating tasks of Ruifengyuan Hotel and the Yangkou branch of Ruifengyuan Hotel.

24. Forensic Appraisal Center

It is staffed by 14 people. Its job responsibilities are: to accept entrustments from the People's Court and relevant units and conduct judicial appraisals on professional issues.

25. Judge Training Center

It is staffed by 4 people. Job responsibilities: Responsible for legal education and judge training in the city’s court system.

26. Department of Retired Cadres

It is staffed by 5 people. Job responsibilities: Responsible for the management and service of retired personnel and personnel waiting to retire from the hospital.