"The Central Committee of political law and petition hearing procedures" (Draft)

In the partyIn the country Hence peoplePublic spiritQq623309161

Note: in urgent need of the National People's CongressStudy of the CPPCC National CommitteeBill or proposal

The Central Political CommitteeThe prevention and correction of judicial organs, the relationship between the case of money, favors to illness, specific methods are as follows (work hard and be practical, do not tell lies, cliches, officialdom. To prevent the judicial organ meeting meeting, just say no, just say no to implement, harm, harm, harm people's party. Lying is not implemented, forget forget our party), but also prevent and correct the judicial organs, the relationship between the case of money, favors the most powerful, the most effective, the best measures, but also the current drop spirit practice general secretary and the Third Plenary Session of the eighteen Central Committee of political science and law, spirit of conference of job of concrete action. As long as the implementation of the following measures, is to prevent and punish corruptionists, is correct, the relationship between the case of money most powerful measures, otherwise, over the past fifty years is unable to solve the case of money, the relationship between the corrected. Implement the following measures, to case, rapid correct 30% case (the moneyThere are 70% evident injustice cases not correct), even if the parties collude with the highest judicial organ, the provincial Party committee, the National People's Congress, government, Political Consultative Conference, political and legal organs leading individual wrong cases can be quickly corrected (Injustice cases not correct); not to implement the following measures, the case of money, relationships, can correct 0.01% good, litigant collusion the highest judicial organ, the provincial Party committee, the National People's Congress, government, Political Consultative Conference, political and legal organs leading individual wrong cases never correct. Why the case of money, relationships, can correct 0.01% good? Money, the relationship between the case to case. The prevention and correction of judicial organs, the relationship between the case of money by the Central Commission for Discipline Inspection, favors the perfect regulation and suggestions to improve the regulation is effective and supervise the handling of complaint (organization and is valid), by the judicial organs of self-discipline.

The implementation of the following recommendations, is the prevention of corruption and correct the corruption cases of the most powerful measuresThe only way which must be passed to the rule of law, but also the only way which must be passed, but also protect the rights of the citizens, but also the only way which must be passed to handle complaints.

One is the provisions of existing laws and the supreme judicial organs, judicial organs in handling cases, the relationship between 1% money case, introduced the method, case, only 0.01% of the relationship between money case, also can quickly correct, even if the highest judicial organ, the provincial Party committee, the National People's Congress, government, Political Consultative Conference, political authority leadership has no chance violate the law and policy for the case, the case of money.Too much content, in order to save costs,In Baidu search -- about the Supreme People's court to suggest to the NPC formulated "the law" suggestions (measures) , see will understand why What problems can be solved? "Law" is the formulation of long-term measures.

Two is the current law and the supreme judicial organs to correct 0.1% cases, relationships, money case is good, issued "Central Committee of political law and petition hearing procedures" (Transmitted by the central office, emergency measures"), the National People's Congress Standing Committee of individual case supervision procedure" (note:Introduction of case "Standing Committee of National People's Congress supervision procedure", "the Central Committee of political law and petition to stop the implementation of the Interim Measures for hearing", reason is "the National People's Congress Standing Committee of individual case supervision procedure" in accordance with the "constitution", and (2007) No. 5 document, do hair (2009) No. 22, "the Central Political Committee on perfecting the law and petition mechanism", "end of the views of the Committee of political and Legislative Affairs Law and petition the Interim Measures for hearing" principle developed, will rise to the legal supervision policy, into the track of legal system)After the case, can rapid correction, 30% case of money (there are 70% obviously unfair cases cannot be corrected), even the highest judicial authority leadership personal relationship against the case laws and policies for the case, money can be corrected (injustice cases cannot be corrected). In order to save costs,In Baidu search -- about revising "the supervision of National People's Congress to consider the case of judicial decisions" advice (system to solve the problem, law and petition recent measures).Law and petition accepting end and involves the vital interests of units and individuals, there may be a lifetime of pain, make the rules by the National People's Congress, the judicial enforcement of it, otherwise,Money, the relationship between the corrected hard case, found difficult.In order to save costs, in Baidu searchInterim Measures for hearing complaints to the Central Committee of political science and Law (Draft), will understand why? Let the wrong case not correct history.

Three is in accordance with the provisions of the civil procedural law and the supreme judicial organs, the relationship between case, judicial organs in handling cases occurred in 1% of the case of money, revision of the civil procedure law, case, only 0.01% of the relationship between money case, also can quickly correct, even if the supreme judicial organs have no opportunity to violate the law and policy for the case, the relationship between the case of money; the civil procedure law, the litigants to judicial personnel too easily, if the "Civil Procedure Law" to modify, litigant collusion judicial organs have no chance. In order to save costs,In Baidu search -- about accelerating "Civil Procedure Law" amendment advice (measures).

The four is the Central Committee jointly with the National People's Congress, the Central Commission for discipline inspection organizations such as some cases review group (1000 people), centralized review hearing on long-term petition cases (measures), which can correct 80% error cases(obviously unfair cases not correct), if not the organization review group, to case, relationship to correct 0.1% money case is good. The Central Political Committee jointly with the National People's Congress, the Central Commission for discipline inspection organizations such as some cases review group to review the case strength high, neutral, effect is good, has the power, also have this ability, but also the current scientific supervision and the highest judicial authority and judicial organs at all levels of the most effective methods. Without hearing the case, review group shall not qualitative case of wrong (to prevent the parties collude with effective measures to check personnel). The hearing is divided into the simple procedure and the complicated procedures, personnel summary procedure from 3 to 5, a complex program consists of 15 to 30 personnelThe parties colluded with difficulty hearing personnel 1000 times larger than the judicial review, there is almost no chance to). The first simple procedure of hearing, the parties or the judiciary that the result is not accurate, can apply for a complex procedure hearing, complex procedure for final hearing. Most of the parties or the judiciary will end cases in simple procedure. With this provision, judicial authorities will take the initiative to correct, otherwise, after hearing the faced responsibility. The results by the participants in the hearing officer signature, ensure accurate qualitative case. The staff consists of the following personnel: not interested deputies and cases(Law graduate), members of the CPPCC(Law graduate), the people's supervisor, special prosecutors, advisors, lawyers, legal experts, experts, judges, prosecutors, people's mediators, the reporter or the relevant unit, residence of the residents committee and scholars of other community to participate in the hearing. Review staff salaries, income than the same level of civil servants 3 times to 5 times, the country's ability to pay.

The Central Political Committee jointly with the National People's Congress, the Central Commission for discipline inspection organizations such as some cases review group, to ensure that the spirit of learning general secretary and the Third Plenary Session of the eighteen (so that the people can feel the fairness and justice in every legal cases in the judicial organ), rapid curb judicial corruption and to correct the relationship between case, the case of money(Note: the introduction of "the Central Committee of political law and petition" or "Interim Measures for hearing the case of the Standing Committee of the National People's Congress supervision procedure", case review group quickly cancelled).According to the current three major procedural laws, representation, supervision method and hair (2007) No. 5 document, do hair (2009) No. 22, "the Central Political Committee on perfecting the law and petition mechanism of opinions" provisions of the end, the Central Committee, the Central Commission for Discipline Inspection, the central organization department and the National People's Congress to do. Method the complaint letters and visits by the judicial authorities in their review cases, can correct 1% cases is good(obviously unfair cases can not be corrected and the relationship between the case of money, basically can not correct). If the Central Committee jointly with the National People's Congress, the Central Commission for discipline inspection organizations such as some cases review group"Pumping through retirement and on-the-job personnel, legal experts, lawyers, the National People's Congress from the judicial organs at or above the level of (Legal Graduate), NPC CPPCC (Legal Graduate).",Special review the Central Committee, the Central Commission for Discipline Inspection, the central organization department and the National People's Congress to do the law and petition, the judicial organs have review, party a long petition cases, 80% cases can correct the wrong(obviously unfair cases not correct). Review methods are: according to the representation, supervision method and hair (2007) No. 5 document, do hair (2009) No. 22, "the Central Political Committee on perfecting the law and petition opinions" provisions of termination mechanism, review group on the case investigation, survey, the establishment of the Committee of inquiry into specific questions for investigation, public hearing on that case organization wrong (review group preliminary investigation, the investigation period, the judiciary power or not responsibility, pressure correction reported the Central Committee jointly with the National People's Congress, the Central Discipline Inspection Commission approval to stop review).

FiveThe Central Political Committee jointly with the National People's Congress, the Central Commission for discipline inspection organizations such as some cases review groupEmergency measure), during a survey of review group, preliminary investigation on the case, the judicial organ or not leveraging accountability pressure correction. During the investigation, survey period does not take the initiative to correct the wrong case, after hearing the wrong case, strict accountability, promote judicial correction.

Six is a plusBig law and petition evaluation efforts(Emergency measure), promoting the spirit of learning general instructions and the Third Plenary Session of the eighteen rapid implementation. No measurement, no oversight, no supervision, there is no pressure, no pressure, no responsibility, no pressure by the judicial organ self-discipline unreliable, justice can not be realized, there is no justice. Evaluation index is not scientific, not know what course to take the litigants and judicial organs, the society also disorderly, the world also no justice.

In the past, the petition (CentralWith the law and petition assessment) evaluation index is not scientific, causing local pressure, place to check, not according to the law to resolve the petition, but the foot is too big to solve small chaos, small settlement, chaos is not resolved, as long as the petition is illegal interest. Now, on the petition (With the law and petition assessmentDon't check), the old problem solved, new problems have appeared(rational or not resolved)Very dangerous, go down for a long time, for the party and the country are unfavorable to the people, especially theLaw and petition. Law and petition rational who eventually found no reason(According to the provisions of the existing three major procedural law and the supreme judicial procedures that are unable to correct the wrong case, especially the litigant collusion the highest judicial organ, the provincial Party committee, the National People's Congress, government, Political Consultative Conference, political and legal organs leading individual wrong cases never correct), as long as theIn the (2007) No. 5 document, do hair (2009) No. 22, "the Central Political Committee on perfecting the law and petition mechanism of views" and other end provisions -- -- public hearing to determine the fault, as long as the public hearing and hearing opinions after the petition or the written appeal or mediation after the petition or notify the party concerned in writing in 30 days after application for public hearing do not apply or application does not pay fee (hearingThe majority of the parties will not pay, can quickly end. There is evidence that the poor can not pay the simple procedure of hearing), are identified as unreasonable complaints, no, not at all levels are assigned by the review, not evaluation. Therefore theLaw and petition assessment recommendations are as follows: one is the Central Committee jointly with the Central Commission for Discipline Inspection, the Organization Department of the Central Committee, the National People's Congress of the CPC Central Committee, the Ministry of Finance quickly draft assessment methods, the highest judicial organ, scientific assessment of the provincial Party committee; two is to complete the index Award (both economic and material rewards); three is to finish index to punish severely. At the same time, the responsible person marks above the disposition,, given the economic punishment; four is the evaluation index (one is assigned by the Central Committee of political science and law case, according to the requirements ofIn the (2007) No. 5 document, do hair (2009) No. 22, "the Central Political Committee on perfecting the law and petition opinions" provisions of termination mechanism of public hearings to determine the wrong not hearing; two is the application of the parties concernedAccording to theIn the (2007) No. 5 document, do hair (2009) No. 22, "the Central Political Committee on perfecting the law and petition opinions" provisions of termination mechanism of public hearings to determine the wrong not hearing;Three is not the execution of public hearing opinions; four is reported to the public hearing. The hearing officer unsigned; five is the judicial organs to enforce the law, regulations and procedures at the end of the sixThe hearing was not performing the following opinions:(1) the classified summary procedure and complex procedures, personnel summary procedure from 3 to 5, a complex program consists of 15 to 30 personnelThe parties colluded with difficulty hearing personnel 1000 times larger than the judicial review, there is almost no chance to). The first simple procedure of hearing, the parties or the judiciary that the result is not accurate, can apply for a complex procedure hearing, complex procedure for final hearing. Most of the parties or the judiciary will end cases in simple procedure. With this provision, judicial authorities will take the initiative to correct, otherwise, after hearing the faced responsibility; (2) the results by the participants in the hearing officer signature; (3) the hearing group consists of the following personnel: not interested deputies and cases(Law graduate), members of the CPPCC(Law graduate), the people's supervisor, special prosecutors, advisors, lawyers, legal experts, experts, judges, prosecutors, people's mediators, the reporter or the relevant unit, residence of the residents committee and scholars of other community to participate in the hearing; (4) the fees by the parties in advance, the fault should be in 5 days to the designated banks;The seven party is receivedNot in receipt and issued on the spot, the end of the case, shall immediately inform the case ends;Eight is not the implementation of the endSet (The highest judicial review by the error free end case and central politics and Law Committee assigned the highest judicial cases, ended by the supreme judicial organs in accordance with the law, and report to the Central Committee for approval by the provincial, judicial review without wrong cases according to law, by the provincial judicial authorities end, and reported to the provincial law); nine is the end where the parties, the parties to the case not county politics and Law Committee, National People's Congress, petition office service end notification; ten is not "the Central Committee of political law and petition the Interim Measures for hearing" program execution. Above, the judicial organs at all levels have the ability to do it, and can ensure rapid correction of wrong cases, irrational rapid end.

The seven is to modify the "criminal law" article 313rd(long-term measures), reduce the petition, let keep legal person weihaobao, let the offender unprofitable. In order to save costs, search _____ on the Supreme Court made clear "criminal law" the 313rd crime situation completely solve the difficult to implement recommendations in Baidu.

The above measures at the same time, to solve the current problem, and system, orderly, effective, scientific and solve the future problems.

 How to solve a case litigation civil litigants with money, collusion Secretary of Provincial Committee procurator (contain deputy attorney general, member of the procuratorial committee, internal organization person in charge), Dean (including the president, vice president, a full-time member of the judicial committee), cases and on the Supreme People's court filing through the presiding judge and in charge of. Method the complaint letters and visits, error correction (assuming how to do)? How to solve a case litigation civil litigants with money to the Supreme People's Court (including the president, vice president of full-time member of the judicial committee of the Supreme People's Procuratorate), long (contain deputy attorney general, member of the procuratorial committee, internal institutions responsible person) cases error correction (assuming how to do)? The rapid development of "the Central Committee of political law and petition hearing procedures", the highest judicial organ the highest judicial authority according to "the Central Committee of political law and petition hearing procedures" provisions of the principles promulgated the Interim Measures of the petition involved in law of hearing.Law and petition the judicial organs in accordance with theInterim Measures for hearing complaints concerning LawFinish the program can quickly correct correct. How to solve the case no wrong petition problem --- the judicial organs in accordance with theInterim Measures for hearing complaints concerning LawFinish the program termination. The case of money, relationships, etc. can be found 1/1000 good. The regulations, money, relationships, can quickly correct the case and end cases.

Deng Xiaoping said: "good system can restrict bad guys, bad system can make good people to do good fully, or even go into reverse." The proposed implementation make a bad man can't do bad, bad people do bad things can quickly correct, more let good people to do good. The current court case part effect correction into a "dead end", after fifty years cannot be corrected and the way out. The judicial authorities many problems needs the top perfect rules.No problem too much, we collect and research proposals and suggestions to implement the recommendations, the problem will become less and less.

 

In order to highlight the rapid problem solving above existing, prevent the complainant or respondent with several judicial personnel, particularly with the highest judicial organ staff, the opinion of the party into the rules and regulations, the party's views into the will of the state. Therefore, suggestions are as follows:

The 1 Central Committee of political science and law should speed up the establishment of "the Central Committee of political law and petition hearing measures" drafting group, fast to study and draft the "Central Committee of political law and petition hearing measures" , extensive solicitation of opinions, issued "Central Committee of political law and petition hearing measures" as soon as possible, to solve the difficulty of complaints and error correction to and the end to. Commissioned by the law society built research and drafting "the Central Committee of political law and petition hearing measures". To entrust the 1000000 yuan, the Central Committee has the ability to pay, the 1000000 element effect, the rapid introduction of huge role. Crop research and drafting "the Central Committee of political law and petition hearing measures" workload, work very hard. Research group of staff is very hard and poor treatment. Research group published by the Supreme People's court, the Supreme People's Procuratorate, the Central Committee and other online mailbox to collect amendments, after gathering the analysis proposed amendments in the interior to seek amendments, revisions to the Central Committee meeting of the Central Political Committee meeting, after the study published in the online mail collection advice, modify modify opinions on comprehensive, in the study reported the Central Committee meeting, announced by the central office for this paper.)

2Petition in any of the following circumstances, should be the major petition (complex problem into simple problems), the Central Committee shall be the highest judicial authority entrusted by hearing, hearing the views received (in the hearing officer signature), judicial enforcement hearing views, the Central Committee was closed; can also be assigned subordinate Committee hearing, received hearing comments (to participate in the hearing officer signature), judicial enforcement hearing views, the Central Committee was closed; the Central Committee received a public hearing the application, can also be made by the Central Committee in organizing the hearing, the hearing opinions (to participate in the hearing officer signature) assigned by the judicial enforcement, judicial enforcement hearing opinions of the central committee. The Central Committee of political action, the highest judicial authority and Provincial Committee stressed, leveraging the work. According to the "Central Committee of political science and law law and petition the Interim Measures for hearing" is to solve the law and petition the best way.The Central Political Committee assigned by the benefits: the judicial organ seriously or judicial authority borrows the good work, and introduced "the Central Committee of political law and petition hearing procedures" set a strict procedureTo solve the problem, by the effect is not good in the past, wrong not. No chance and conditions, all kinds of interference also did not have the opportunity.

(1) the Central Committee believes that should be a case of public hearings;

(2) suggested that the Central Committee hearings Chinese law cases;

(3) four law firm seal, at least 20 lawyers signature suggested that the central politics and Law Committee hearings of cases;;

(4) more than 10 doctoral tutor suggested that the Supreme People's court retrial of the case;

(5) Chinese Lawyers Association recommends that the Central Committee hearings of cases;

(6) the Central Committee receives the application case of public hearings.

The above situation not hearing, there is no justice. The above situation of the case, the Central Committee first years may 10000, second may 5000,In 3 years, may 2000. The Central Political Committee hearing, the Judiciary Committee assigned, and may entrust the judicial administrative organ shall organize the hearing, the Judiciary Committee, and the workload is not big, can rapid correction and end. With the passage of time experience can be as follows: (1) the Central Committee believes that should be a case of public hearings;

(2) suggested that the Central Committee hearings Chinese law cases;

(3) two law firm seal, at least 10 lawyers signature suggested that the central politics and Law Committee hearings of cases;

(4) more than 5 doctoral tutor suggested that the Supreme People's court retrial of the case;

(5) Chinese Lawyers Association recommends that the Central Committee hearings of cases;

(6) the Central Committee receives the application case of public hearings.

Why10More doctoral tutor suggested that hearing the end shall be handled by the central judicial organ Hearing the end? One is to explain the situation of complicated cases; two is to prevent a few cases, the collusion few judicial personnel, most do not check or not check error correcting difficulties; three is that is the applicable law of complicated cases; four is to prevent delay of cases; five10More doctoral tutor recommend hearing terminative case, did not influence judicial justice, hearing procedure, the hearing after the end, conducive to social stability; the five is the central judicial organ of authority, government decrees; six is the number of staff, can grasp the legislation; the seven is to solve the problem of people in the central judicial organ less, have successful experience, and gradually relax to5PhD supervisor or above5More lawyers suggested hearing terminative case, should be ended by the central judicial organ of hearing.

Note: the above circumstances Shen Sudi1Years may2000Member, to apply for a hearing may be1000The piece2Years may500Member, to apply for a hearing may be250The piece3Years may200Member, to apply for a hearing may be100Piece. Why have the above situation of Shen Sudi1Years may2000Member, to apply for a hearing may be1000The piece2Years may500Member, to apply for a hearing may be250The piece3Years may200Member, to apply for a hearing may be100Piece? One is the historical problem, the implementation of article1Years more , No.2Years will reduce; two is to do the mediation work through the review, the end of a batch of; three is through the review, the retrial group; four is to work through the review, the petitioner agreed to end a number of; five is through the review, the end of a batch application for hearing; six is through the review, transfer of supervisory organs perform duty, reducing the number of the above circumstances appeal.

3"The Central Committee of political law and petition hearing procedures" should have the following contents(recommend content are too many, dozens of pages. In order to save costs, Interim Measures for hearing complaints in Baidu search - the central politics and Law Committee involving (proposal). The rapid development of "the Central Committee of political law and petition hearing procedures" to answer the following 20 questions, to unify the understanding. Many problems to find the answer in the above, the Interim Measures for hearing complaints in Baidu search - the central politics and Law Committee involving (proposal)):

Explicit public hearing procedure and participants (open committee hearings by the public security, procuratorate, court, judicial, NPC, CPPCC Department experts, legal experts, NPC deputies and CPPCC members, the parties to the case, lawyers, journalists, ordinary people and so on; hearing opinions should be public hearing member signature);

Specify the opinion for the highest potency (hearing procedures complicated, judicial authority of the wrong cases than the high accuracy, to participate in the hearing without money, beauty, honor, family interference and individual power illegally pressure interference);

The parties to apply for public hearing charges, shall be returned to the applicant (rational petition for hearing can also free of charge, if the parties apply for hearing every year is not much);

The parties to apply for public hearing to hearing;

Specify the opinion after the execution shall be terminated;

The party applying for public hearing, should entrust (like the court judicial identification as) the judicial administrative organ tissue, enhance the fairness and reduce the workload;

Commission, the judicial organs and the judicial administrative organs can be explicitly organize a hearing, and enhance the fairness and reduce the workload;

Clearly a major case scope and major cases must be hearing;

......

4. central politics and Law Committee organizes 35 cases review group, long-term stationed in provincial politics and Law Committee and the highest judicial organ, in the review, the typical case review and duty to review each provincial court, 100 to 300, the highest organ of our 500 cases to 1000 cases reviewed, 5 with legal experts according to the legal opinions and at least 10 lawyers out according to the legal opinion book or 5 legal services according to the legal opinion of the case. The specific measures are: one is the backbone of pumping judicial organs from provincial level and above (including retirees), lawyers, legal experts, the National People's Congress representatives review group off-site review, the review comments to the Central Committee on the case (review is to the judicial organs for decompression and visit only the wrong not correct); two is the reviewer can the card, by the case handling organ specific notice, three provincial law enforcement authorities and the Central Committee provides a venue; four is to give subsidies to review group. Note: the best way is to apply for a retrial and the highest judicial organ of the Central Committee and the provincial judicial review by the review group to review, at the same time put forward written opinions, from the source to ensure that the correct solution is wrong cases, repeated review questions. Review team led by the Central Committee of political science and law, without interference, opinions objectively.

5 Department of justice established expert library, personnel 3000. The provincial judicial hearing the case, by the provincial judicial authority to the Provincial Justice Department (bureau) for the judicial department (bureau), the Provincial Justice Department experts randomly in the anti extracting more than 5 experts to participate in the hearing; the central judicial hearing the case, the application by the central judicial authority to the Department, the Ministry of justice random expert library of more than 5 experts to participate in the hearing extraction.

6.. Report: "the Central Committee of political law and petition hearing procedures" (Draft)

In the partyIn the country Hence peoplePublic spiritQq623309161

Note: in urgent need of the National People's CongressStudy of the CPPCC National CommitteeBill or proposal

At present, the people's court, the people's Procuratorate, the public security organ, the state security organs, judicial administrative organ performs three major procedure law of the lack of scientific, orderly, effective legal supervision. Provisions of the current three big procedural law and the supreme judicial organ, recognized the case too simple for the wrong program, resulting in the wrong case cannot be corrected, especially the law and petition has no law, law and petition the state judicial organs disorder, want what to do, law and petition to reply in writing have a written reply, do not want to reply in writing is not a written reply, want to say to say, want to say is wrong. Large law and petition does not set the scientific, orderly, effective legal termination and error correction, go down for a long time especially serious consequences, both are detrimental to the complainant and the judiciary, to the party and society is bad. The judiciary is the last barrier of justice, if this barrier problem, society will be in disorder, in this case, must increase the people's court, the people's Procuratorate, the public security organ, the state security organs, judicial administrative organ performs three major procedural law scientifically, orderly, effective supervision, scientific, orderly, effective supervision approach is to develop a "Standing Committee of National People's Congress supervision procedure", let the Standing Committee at all levels of scientific, orderly, effective supervision, the people's court, the people's Procuratorate, the public security organ, the state security organs, judicial administrative organs or pressure in a "case by the Standing Committee of the National People's Congress supervision procedure" cognizance cases of right and wrong and end and error correction. The judicial organs in accordance with the case of "Standing Committee of National People's Congress supervision procedure" to determine the case of wrong, should recognize the case is fair. The people's Congress, the people's court, the people's Procuratorate, the public security organ, the state security organs, judicial administrative organ is not registered, not, not, not assigned by the investigation, no assessment review.

Law and petition is numerous, some appeal and petition for years without a written reply, some written after the against the law and petition letters and visits, disorder, confusion, error correction is difficult. From Zhang Hui's nephew was acquitted case; four judges of Shanghai high court Zhao Minghua violation; Hu Meiji (Wu Limin's mother), Wu Limin and other similar cases can prove (the tip of the iceberg). Zhang Gaoping, Zhang Hui and nephew to the court and the procuratorate anti Yang too, but for many years not received a written reply, the law and petition for retrial, and end system is in chaos; law and petition and protest, retrial, suggested that the court system is in chaos. What is law and petition unit and individual irrationality or case is not correct, what law and petition units and individuals go through what procedure cases should be recognized as fair, "the constitution", and (2007) No. 5 document, do hair (2009) No. 22, "the Central Political Committee on the perfection of law and petition mechanism of opinions" provisions of the end to answer (these documents are particularly good, the key is the Supreme People's Court issued the operational rules) - public hearing to determine the fault, let the petitioner, litigants, have nothing to say. However, the highest judicial authority has not issued executive "constitution", and (2007) No. 5 document, do hair (2009) No. 22, "the Central Political Committee on perfecting the law and petition mechanism of views" end the provisions of the detailed operation rules, especially the parties to the highest judicial organ for hearing how to do, the highest judicial organ has no operation regulations, these problems need the highest judicial authority stipulates, solving the prominent problems. The National People's Congress and representatives of the parties to the application to the certificate to the supreme judicial organ, the supreme judicial organs do has no clear provisions. To solve the above major problem, need the highest judicial idea innovation, system to accelerate the improvement of it, or simply can not solve the problem for many years.

As for the law and petition cases is wrong, from the provisions of the three big procedural law and the supreme judicial organ, get involved law anti whether or not to accept the letter, whether the evidence, whether written reply, if supervision, what time to reply without any rules and does not perform the consequences, case identification of fault by the judicial the internal organs of recognition and decision, the provisions of rule by man, the cognizance of fault identification by the judicial organ interior difficult to convince the people, causing many problems cannot be solved. In this case, the cases that involve significant interests of units and individuals for the wrong program, there may be a lifetime of pain, make the rules by the National People's Congress, the judicial enforcement. However, the National People's Congress to enact rules is a process, in urgent need of the Central Committee promulgated rules, judicial enforcement.

Article 1In order to regulate the law and petition the hearing activities, safeguard the legitimate rights and interests of persons, to ensure that the public hearing, justice, according to the relevant provisions of the constitution "and" do hair [2009] 22 document, the enactment of this approach.
   Article second"Hearing this way, is refers to the people's court, the people's Procuratorate, the public security organ, the state security organs, judicial administrative organs have been completed (refers to judgment, ruling, decided to have legal effect) but may be wrong, or are not complete but may have suspected illegal procedure, as well as the people's court, the people's Procuratorate, the public security organ, the state security organs, judicial administrative organ shall handle the case according to law and not for.

Article thirdCommission, the judicial organs at all levels and the complainant to apply for a hearing or that a hearing is necessary law and petition cases, the hearing may be held. To participate in the hearing of the experts in the Ministry of justice expert database of 5 randomly selected above. The petition for a hearing, the judicial organ shall immediately the basis of receipt of the application, decide whether or not within 30 days of hearing, not hearing the reasons shall be explained, if a party refuses to accept the 15 days of a judicial review once, for reconsideration in writing 60 days, will review the results to inform the parties. The declaration that should be involved law case to hold a hearing or visit. The complainant to apply for a hearing shall be submitted for hearing, hearing a case wrong shall refund the hearing. The applicant does not pay the fee, case ends. Note: complainant apply for a hearing shall be hearing fees is particularly important, to prevent unreasonable complaints, the waste of resources, the case has the wrong shall refund the hearing fees, strengthen judicial organs error correction. Public hearing experts must in the Justice Department experts extraction, otherwise the problem piles, cannot solve many problems. In this article, the complaint letters and visits have nothing to say, inform the applicant for hearing, to apply for a hearing must be few, more than 98% cases would not apply for a hearing; this article, and increase of judicial supervision, judicial organs is also the solution supporting (petition for hearing can also free of charge, if the parties apply for hearing every year is not much).
    Article fourthExcept those involving state secrets, commercial secrets or personal privacy law and petition cases, the hearing shall be conducted in public. Involving state secrets, commercial secrets or personal privacy law and petition cases, shall participate in the hearing in the Justice Department experts randomly selected from the judicial expert, but hearing not open to the public, to participate in the hearing officer should be in 7 above 13 and the singular injustice, Xin card member in the Justice Department experts randomly extraction of judicial experts to participate in the hearing personnel of not less than 2/3.
   Article fifthThe hearing by the Commission, judicial organs at all levels of the organization and implementation. Note: the politics and Law Committee assigned primarily, supplemented by the central judicial organ of hearing; hearing mainly, supplemented by.
   Article SixthThe participants in the hearing, the hearing include the clerk, the case handling units, representative, the complainant and the agent.
The chairperson of the hearing, the hearing officer, the clerk shall be designated by the department. The chairperson of the hearing
As the member, and shall be responsible for the Department of.
   Article seventhThe hearing is divided into simple procedure and the complex procedures of hearing,The simple procedure of hearing by more than 3 people 5 people following the hearing procedure; complex composed of more than 13 people under 23 people, hearing procedure by complex master or above personnel hearing committee hearing. Complex procedures by the application of the parties concerned in particular by the applicant to determine the number of the hearing officer. (A simple program fees low, complicated procedures to charge high.

The people's court, the people's Procuratorate, the public security organ, the state security organs, judicial administrative organ or the parties believe that the simple procedure of hearing views are wrong, should be 15 days from its receipt by the people's court, the people's Procuratorate, the public security organ, the state security organs, judicial administrative organ or the parties to apply for judicial administrative organsComplex process hearing. The simple procedure of hearing views fails to apply forComplex hearing hearingOrComplex process hearingFor the final opinion.

The people's court, procuratorate, public security organs, organs of the state security organs, judicial administration of the people's mistake uncorrected cases, the costs borne by the people's court, procuratorate, public security organs, organs of the state security organs, judicial administrative people, no wrong by the applicants bear case. The wrong case involved a lot of people's court, procuratorate, public security organs, organs of the state security organs, judicial administrative people, the people's court shall be borne by the final effect, procuratorate, public security organs, organs of state security organs, judicial administration of the people's.

The applicant has the right to choose the Justice Department organize the hearing.

Applicants to apply for a hearing fee by the applicant, the cost borne by the people's court, procuratorate, public security organs, organs of the state security organs, judicial administrative people, people's court, people's Procuratorate, the public security organ, the state security organs, judicial administrative machine received a hearing within 15 days will be zoned to the applicant fees provided by the applicant bank card. The date of.

The people's court, procuratorate received organs, the public security organ, the state security organs, judicial administration of the people's Congress by the House Judiciary Committee or the relevant special committees to date, in the examination within 60 days to apply for a hearing cases is wrong, should be corrected in 90 days.

The people's court, procuratorate received organs, the public security organ, the state security organs, judicial administration of the people's Congress House Judiciary Committee or the relevant special committee assigned date, shall return the results in 90.

Note: 1 complex hearing procedure for correcting wrong cases do not have no chance, no wrong cases identified as having misjudged cases have no chance, can promote the simple procedure of correction; 2, this is very important, contrary to have serious consequences, in favor of law enforcement. The consequences to the legal provisions; the 3 method is the last relief channels, the requirements to be strict; 4 hearing is the doctor in doctor, host, the hearing officer to be fair, the conscience is 5The three major procedural law stipulates a trial procedure, trial procedure is simple; apply for retrial procedure, retrial procedure is simple (Procedure and the procedure of second instance trial should be simple), procuratorate supervision procedure is simple and the court of appeal procedure is simple, superior judicial authorities found wrong case corrective procedures simple, caused by money, beauty, honor, political future, family interference and individual power illegally pressure disturbance influence wrong case correction and the emergence of new judicial injustice the petition. If the provisions of the three procedural laws: procuratorate did not protest cases, the parties disagree appeal shall be approved by the hearing committee hearing (hearing should be experts, lawyers in the enforcement hearing opinions), end, the parties do not appeal hearing should pay, not to pay the case ends; if the application for retrial, the court no longer the parties disagree should appeal to the hearing committee hearing (hearing should be experts, lawyers in the enforcement hearing opinions), end, the parties do not appeal hearing should pay, not to pay the case ends; if you have more than 10 doctoral tutors according to the legal opinion, the Supreme Judicial organs shall entrust the hearing committee hearing (hearing should be experts, lawyers participate) the enforcement hearing opinions, end, the parties do not appeal hearing should pay, not to pay the case ends; if the county (city, district) above the judicial administration department established administrative, civil law advisory committee, legal advisory committee by the judges, prosecutors, lawyers, Institute of political science and law experts and other components, the litigant request by the legal advisory committee member 5 people to 13 people to participate in the trial of the advisory opinion, and by the applicant to pay fee, the court shall . The judgment of the court to the Advisory Committee that result as the standard, to walk the litigation case ends, the public credibility of the judiciary to improve, not the referee appeals and complaints reduced by at least 80%, most of the judiciary staff welcome. The above provisions, the case is not much... Three. Modify the procedural law is a long process, the National People's Congress must supervise the judicial decision, only the people's Congress should supervise the judicial decision making science, "the cases of judicial Standing Committee of the National People's Congress supervision procedure law". With the above provisions, the people's congresses at various levels, and the judicial organs do not receive the visit, except for the hearing. Do not receive the reason is correcting channels, visited the pressure without reason; 6The wrong case not correct or not rapidly corrected blame prosecutors Dean and procuratorate long?Can't blame. The president of the court and the procuratorate is not god. This provision,Prosecutors and the president of the procuratorate long force or pressure to work, prosecutors, and procuratorate long borrows or pressure to work, do not want to correct no chance, the complainant and the judiciary personnel to illegal profit no chance);
   Article eighthThe hearing officer was composed of the following members;

(a) the National People's Congress, the CPPCC, party politics and Law Committee, the Council and the relevant departments;

(two) the relevant experts, legal workers;

(three) NPC deputies, CPPCC members;

(four) the location of township (town, street), the village (neighborhood committees responsible person) person in charge;

(five) the news media personnel or other people.

Involve involve state secrets, commercial secrets or personal privacy law and petition except in cases.

Note: (2007) in the 5 document, do hair (2009) No. 22, "the Central Political Committee on perfecting the law and petition mechanism of views" and other documents end and the petition letter regulation also hearing provision. The hearing can solve the current problems. .

The application is not the province (city, area) the Justice Department expert (PhD or doctoral tutor) more than 8 people to attend the hearing or petition for other provinces (city, district) level Procuratorate of more than 8 experts to participate in the hearing, should be approved, but the cost of the applicant. The case has the wrong shall refund the hearing fee.

Note: This article is particularly important, can effectively solve the problem of the highest judicial case much less, can solve many problems; hearing officer, hearing the views of high accuracy, anti-interference effect is good, can effectively solve the applicable law and complicated cases, and relevant experts (PhD or doctoral tutor) more than 8 people to participate in the hearing or petition for other provinces (city, district) level Procuratorate of more than 8 experts to participate in the hearing of costs borne by the applicant, no damage to the state, the collective and the interests of others. But the case correct experts costs borne by the case unit, can rapid correction, prevent wrong not. Relevant experts (PhD or doctoral tutor) more than 8 people to participate in the hearing opinions is not correct in thirteenth with relief channel, submitted to the central organs concerned to explain. The litigants and the collusion several levels of judicial organs and the supreme judicial organs have no chance and the difficulty increases, the judicial interpretation of the law applicable to speed, unity of will, litigants and the unreasonable complaints will quickly end, let litigants authority of judicial disputes become discontent for no reason and dissatisfied with the government did not, at all levels of the reason of judicial organs have the authority and Judicial Correction and fast to end, superior judicial authorities have the authority and urge the lower judiciary correction and end, law and petition will. Perhaps 95% of the judicial organ staff welcomes the proposal promptly introduced, may 5% judicial personnel do not welcome the proposal introduced quickly.

Note: the legal experts hearing officer conditions: a strong political; two be familiar with the policy; three to understand the social conditions and public opinion; four to justice; five or six organization is my application or recommendation; six to love the party and country in the people to be honest; seven; eight units in the majority. Legal experts hearing officer must be established by the Central Committee of experts, the hearing officer in the expert classification random sampling. Undertake the law and petition hearing organ shall organize the hearing, must participate in the hearing in the Justice Department experts randomly selected from the expert classification.

Article ninthThe chairperson of the hearing, the hearing officer with the law and petition cases have direct interest or other may affect the fair, should be avoided. Avoid hearing officer is decided by the chairperson of the hearing, the hearing is decided by the avoidance department.

The petitioner is not the province (city, area) personnel to participate in the hearing of the host authorities, shall be transferred to the highest judicial organ designated province (city, district) administrative organ shall organize the hearing, but the costs borne by the applicant. Note: This article is particularly important, can effectively solve the problem of the highest judicial case much less, can solve the current problem of many, many complex problems into simpler problems.

Article tenthThe petitioner shall participate in the hearing. Visit collectively hold a hearing, send 5 representatives to participate in the hearing of the following. The complainant may entrust one or two agents to participate in the hearing.

Article eleventhThe hearing should be held in the domicile, residence or place unit.
Public hearing, citizens can participate as observers in accordance with the provisions of. The organization department in hearing may be necessary to invite the local people to participate in audit.
   Article twelfthThe rights and obligations of the complainant in the hearing:
(a) have the right to apply for a hearing, the hearing officer avoidance;
(two) have the right to make a statement and defense related to law and petition the facts of the case, policies, regulations and related conditions;
(three) the facts and answer truthfully statement hearing questions;
(four) for their rights of burden of proof;
(five) abide by the disciplines of the hearing.
  Article thirteenthThe hearing according to the following procedures:
(a) the hearing presider announces the start;
(two) the host announced the reason, announced the disciplines of the hearing, the rights and obligations of petition to inform people about hearing, ask the people of hearing, the hearing officer is to apply for withdrawal;
(three) the complainant state the case and appeals, and provide relevant evidence;
(four) the original case handling units on behalf of dealing with cases of factual evidence and legal, regulations, policy statements on;
(five) the petitioner and their agents, the chairperson of the hearing, the hearing officer may ask the original case handling units represent cases related issues;
(six) the original work unit representatives explained;
(seven) the petitioner to make a final statement;
(eight) the chairperson of the hearing hearings on law and petition cases review;
(nine) can be made on the spot to the conclusion, it shall publish; the conclusion by hearing officer signature served after the complainant.
(ten) the host announced the end of the hearing.
 FourteenthBy the review that the petition petition is rational or part of rational, hearing department shall, according to the appraisal conclusion to the relevant units to put forward opinions. The judicial organs at and below the provincial level to undertake case unit that comments on the applicable laws and regulations and policy is not correct, should be reported to the provincial research authority, the authority competent provincial think opinions shall be ordered to correct, relevant organs enforcement hearing opinions, provincial authorities research that comment incorrectly shall report to the central authorities think comments should be correct, to order the relevant authority enforcement hearing opinions, the central competent departments that comment is not correct, the central competent departments shall organize a hearing to explain the approval, or. Provincial organs and units that undertake the case of provincial law enforcement authorities comments not correct the central competent departments shall report to the research that comments should be ordered to correct, the relevant authorities of the enforcement hearing opinions, the competent authorities of the central thought comment is not correct, the central competent departments shall organize a hearing to explain the approval, or. The central judicial organ of hearing opinions of relevant agencies shall carry out the. The evaluation that the petition system unreasonable complaint agreed to end shall come to an end; that the petition petition system unreasonable complaint does not agree with the end of the relevant departments shall be reported by the Council Review . The case was closed, authorities at all levels shall not turn do, assigned, bulletin, sanctions in accordance with the law on illegal petition. Note: related units that comments on the applicable laws and regulations and policies related to incorrect interpretation of the central authorities a written reply, to ensure the realization of legislative intent, to ensure the implementation of laws and regulations of law of unity, can effectively solve the current number. This article, reported the central is the study of the condensate difficult cases, shall be made by the central judicial organ of it, in order to unification of law enforcement and government decrees, letters and visits, in no condition and opportunity.

Article fifteenthThe chairperson of the hearing according to the actual situation to postpone, suspend the hearing decision.
Deferred, suspend the hearing the case disappeared, the host immediately decided to resume the hearing time, place, and notify the hearing participants.
   Article sixteenthThe recorder shall be hearing in making hearing transcripts, and by the complainant, the chairperson of the hearing and to participate in the hearing officer shall affix their signatures or seals. Refuses to sign or seal, stated the case file. The sound recording and video recording.
After the hearing ended, the Department shall report the formation of hearing. The report generally includes the reason, time, location, participants, brief case, the conclusion of such content.
   Article seventeenthThe complainant unwarranted not participate in the hearing or during the hearing without the permission of the presiding hearer to exit, the host as the case to decide whether to continue the hearing activities.

Article eighteenthReceived the application for a hearing within 60 days will be attending the hearing personnel according to opinions written opinions and signed a written reply of people visit, not later than 120 days; for there are special circumstances extended, report to the superior authorities approved the extension, but no longer than 180.

Article nineteenthThe Central Committee has the right to petition against the county level and above, the judicial organ law and petition cases in organizing the hearing; Provincial Committee has the right to refuse to accept the county level and above the judicial organ law and petition case organization.

The highest judicial organs have the right to petition against the county level and above, the judicial organ law and petition cases in organizing the hearing; provincial judicial authorities have the right to refuse to accept the county level and above the judicial organ law and petition case organization.

Article twentiethThe higher judicial hearing opinions and politics and Law Committee hearing comments must be performed. Note: to ensure the smooth implementation of government decrees.

Article twenty-first the right to review the letters written to inform people to apply for a hearing within 15 days to apply for a hearing, or the people's Court of retrial application right to apply for review within 15 days written notice of hearing does not apply for a hearing, or the people's Procuratorate accepts the appeal review the correct letters written to inform people 15 days to apply for a hearing for not hearing, the case end, end cases organs at all levels will not turn do, tasks, the illegal bulletin, on. Note: This is from the source to reduce repeat visits one of the most effective measures. Note: This article, units seriously, inform the applicant after hearing the case, at least 98% with not to apply for a hearing, the reason is the hearing, and the lawyer fee and other expenses, and to participate in the hearing personnel is relatively fair.

Article twenty-secondLaw and petition case hearing ended, law and petition the people visited, no registration, no action, No. There are special circumstances, the Central Committee or the highest judicial authority revocation hearing opinions except. Note: the situation is less, but must have such provisions, the Central Committee or the supreme judicial organs have the authority.

Article twenty-thirdAll levels of politics and Law Committee of the judicial organs shall be ordered to hearing, the judicial organ shall organize a hearing within 60 days, within 120 days will be attending the hearing personnel according to written comments and signature comments written reply of people visit, not later than 120 days; a special extension is needed, the Central Political Committee approved the extension, but no more than.. Note: to ensure the smooth implementation of government decrees. This article is very important, and entrusted with the tasks, organize a hearing as a supplement, urge the relevant organs to correct or hearing according to law to end.

Article twenty-fourthSuperior judicial authorities ordered the case handling units subordinate judicial organ shall organize the hearing, the judicial organ shall organize a hearing within 60 days, within 120 days will be attending the hearing personnel according to written comments and signature comments written reply of people visit, not later than 120 days; a special extension is needed, report to the unit approved the extension, but no more than. Note: to ensure that government decrees, ensure assigned by the superior judicial authorities, judicial organs as provincial hearing, increase the provincial judicial organs of self correcting intensity..

Article twenty-fifthAt or above the county level may entrust the Commission of politics and law of administrative judicial organs at or above the provincial level, the provincial law will organize a hearing, the hearing for the applicant to pay. Politics and Law Committee 30 days in advance notice to the applicant and the litigants, the officer will materials 35 copies, by politics and Law Committee will give hearings hearings of unit, unit 5 days ahead of time to participate in the hearing hearing officer. Materials shall not have telephone, e-mail contact. The committee will involve the judicial organ to file 20 days ago to organize a hearing unit. The entrusting administrative hearings over judicial organs at or above the provincial level, the provincial law society, politics and Law Committee to spend less time, justice, the judicial authority and litigation parties and the relevant personnel are solution support. Organize a hearing unit with reference to the judicial authentication procedure. The request for hearing: in open hearings, organizational unit shall not participate in the name and unit of the hearing officer inform the litigants and the relevant personnel (including the applicant and lawyers) reduce interference, ensure justice, fairness hearing. On the spot to review and by the participants in the hearing officer signature to the applicant and the litigant parties, to ensure the impartiality, fairness hearing. Note: the law imposes a Commission hearing, hearing as assigned. Politics and Law Commission hearing: with less work, and justice, to say that litigants, lawyers, legal experts, representatives of the National People's Congress, the reporter, and the judicial organs. After hearing the parties and the relevant personnel, judicial organs are solution support.

Article twenty-sixthThe request for hearing: in open hearings, organizational unit shall not participate in the name and unit of the hearing officer inform the litigants and the relevant personnel (including the applicant and lawyers) reduce interference, ensure justice, fairness hearing. On the spot to review and by the participants in the hearing officer signature to the applicant and the litigant parties, to ensure the impartiality, fairness hearing. After hearing the parties and the relevant personnel, judicial organs are solution support.

Article twenty-seventhThe result of the implementation of. The judicial authorities must implement the results of hearing. The enforcement hearing the case after the end.

Article twenty-eighthAbove, above the provincial level administrative judicial organ, the provincial law society hearing personnel: the court, procuratorate, public security, law college, the National People's Congress, committee of political science and law experts, lawyers and other professionals expert. Note: the hearing is impartiality, fairness.

Article twenty-ninthThe court, procuratorate, public security receives the application, request the principal administrative and judicial organs at or above the provincial level, above the provincial law will organize a hearing, the hearing must entrust, the applicant shall pay the fee. Hearing a case is wrong not correct, the judicial organ shall be on the 3 day retreat hearing fee. Note: for the judicial organs, organize a hearing as. The judicial organs entrusted the workload is not big, and justice, to say that litigants, lawyers, legal experts, representatives of the National People's Congress, the reporter, and the judicial organs. The aim is to increase the refund fee judicial organs self correcting, prevent wrong not. After hearing the parties and the relevant personnel, judicial organs are solution support.

Article thirtiethPolitics and Law Committee according to the parties to apply for judicial authentication, should entrust appraisal institutions appraisal, the applicant is responsible for identifying fee.

Article thirty-firstNon implementation of the provisions of this law, given a punishment of the responsible person, if the circumstances are serious, be punished by dismissal. Note: the key to many provisions can not perform is not the. As long as the above provisions, can quickly correct the wrong case, judicial and legal experts say. In fact, many judicial personnel expect supervision, only a handful of judicial personnel against supervision, are against the interests of the recipients. Of course, the above provisions can only correct the wrong case, cannot correct the injustice cases, rectify injustice cases can only make the law "to".

Article thirty-secondThe Supreme People's court, the Supreme People's Procuratorate, the Ministry of public security, the Ministry of justice shall be formulated according to law and litigation involving hearing these measures. Note: the rapid will be the party's policy into the will of the state, increase operation, to ensure the full implementation of the provisions of the party.

Article thirty-thirdThe original work unit representatives and relevant authorities without justifiable reasons not to attend the hearing or reject the statement at the hearing, and providing false, false information in the hearing, give or over the sanctions; if the circumstances are serious; dismissal.

Authorities do not implement the provisions, given a punishment; not implement the provisions of the circumstances are serious or cause increased loss, dismissal. Take the initiative to correct and reduce the loss mitigation. Note: the regulation is the key to ensuring the law enforcement and the key wrong rapid correction.

Article thirty-fourthThe Central Political Committee "law and petition cases end" (Law No. [2005]9) to stop the implementation of.

Article thirty-fifthIn this way Years MonthThe date of promulgation

 

 

 

The Central Political Committee "law and petition cases end" (Law No. [2005]9) method

2010-01-29

  

The Central Political Committee "law and petition cases end way"                      (Law No. [2005]9 issued in February 16, 2005)            Core tip: a law and petition thing is wrong, who is in charge and who decided? Do hair [2009] 22 document hearing, but the Supreme People's Court promulgated ", not the courts at all levels of law and petition hearing measures", leading to the file can not be at all levels of courts, the courts are not required to do hair (2009) No. 22 document hearing what to do and hearing procedure is what, this is the current outstanding problems in the Supreme People's court, the Supreme People's court should solve is the current outstanding problems. Core tip: the Supreme People's court to petition work and attention marked wrong case rapid correction: the development of "the courts at all levels of law and petition hearing measures" and making "letters" and not the courts at all levels to implement the provisions disciplinary responsibility, but has not issued the above provisions of the supreme people's court, visible and difficult. Whether the people's courts at all levels to do hair (2009) No. 22 document, all levels of courts of law and petition piece results if there is no results, how accountability, the Supreme Court disciplinary action is not specified, do hair (2009) No. 22 file cannot be in the courts at all levels. Core tip: all the signs, the litigants and the law and petition and the respondent has colluded with the judicial organs at all levels of personnel and the highest judicial organ judicial officers suspected of minority, very difficult case but, many do not check or not check, this situation is dangerous; the signs look, judicial organs at all levels of law related petition letter case is not correct or not or should not retrial retrial protest protest, this situation is very dangerous. In this case, the National People's Congress received law and petition (including turn do) assigned by the judicial organs at all levels (including review or assigned to the highest judicial review cases) effect is one can imagine, what is the unreasonable or wrong is not correct, the only way is to implement do hair (2009) No. 22 document, on law and petition for the hearing, but the supreme judicial organs still do hair (2009) at the end of the implementation of document 22 enacted law and petition to cause hearing, do hair (2009) No. 22 file cannot be executed at the highest judicial authority and judicial organs at all levels. The highest judicial making law and petition to at least 95% people hearing, judicial staff happy and satisfied, why 95% judicial staff happy and satisfied? The majority of the judicial personnel is good.   Why the Supreme People's court in the people's Congress report votes is not high? One is the State Council petition letter regulation issued more than ten years, and the Supreme People's court has not introduced the provisions, the Supreme People's Procuratorate has introduced the stipulation; two is to do hair (2009) after the introduction of 22 documents, and the Supreme People's court has not implemented, not to mention a set "the courts at all levels involved law the" measures for hearing, but the Supreme People's procuratorate according to do hair (2009) No. 22 document issued the implementation measures of; three is the grass-roots court experience not rising as provisions of the Supreme People's court trial in court, such as the introduction of the courts in the province of Shaanxi citizens in charge, the search topic -- -- -- on the Supreme Court in conjunction with the procuratorate and the Ministry of justice to accelerate in the trial opinions system part of the court in Baidu, system to solve the court complaint letters and visits more and more suggestions, search topic -- -- -- on the Supreme Court to speed up the implementation of the spirit do hair (2009) No. 22 document in Baidu, ensure the rule of law to achieve the urgent advice, search topic -- -- -- on the Supreme Court made clear "criminal law" the 313rd crime situation completely solve the difficult to execute in Baidu, indeed Insurance law smoothly and so on. The three proposed,The highest judicial authority at least report at the National People's Congress95%Delegates in favor of.   Description: Law No. [2005]9 file after the introduction, the Supreme People's court, the Supreme People's Procuratorate, the Ministry of public security and the Ministry of justice has notThe party claims to the will of the stateThe Department, formulate specific measures,Through certain procedures rapid correction and the rapid end of the petition, the file of difficult implementation.According to the(do hair2009)22Document,Law No. [2005]9 fileWe should stop execution, making"The Central Committee of political law and petition hearing procedures", can solve the difficult reason: search, Interim Measures for hearing complaints topic _____ Central Committee of political science and law involving in Baidu (proposal)      Annex:Law No. [2005]9 document text  Article 1 for the law and petition cases end, according to the relevant provisions of the relevant state laws and regulations such as the "petition regulations", the enactment of this approach. Article second law and petition cases refers to the people's court, the people's Procuratorate belong to processing, the public security department and the administrative departments of justice petition cases. Article third in line with the conditions of case, may be the end: (a) made after the review after the decision, identification, judgment, ruling that the facts are clear, the evidence is sufficient, the program is complete, accurate, appropriate and legal opinions, the parties also offered no new evidence. (two) the parties in accordance with the reasonable demands of policies, laws and regulations have been properly resolved but still adhere to the petition, the proposed requirements beyond the prescribed policies, laws and regulations. (three) letters reflect issues have been handled properly, the parties expressly accept opinions, and to the same subject to petition. (four) after careful work, limited to the objective conditions, the case is still unable to solve, not implemented or the criminal suspect is temporarily unable to capture, and if the parties cannot help provide new evidence or clues. The last part (a), (four) in the case, after the end, if it is found or the parties provide new evidence or clues, the case handling department shall immediately resume the work. Fourth make a case ending conclusion must follow the following procedures: (a) the case end conclusion must be made by the central or provincial Department of political science and law after the examination and approval in written form to make a formal. (two) have the right to confirm the Department in making conclusions before the end, must check to the case, the focus of the review letters reflect to solve problems, to carry out investigation to verify when necessary, or held a hearing to listen. With the end of standard cases, according to the work program to end the conclusion, when necessary, ask the judicial committee, the procuratorial committee, minister (hall, director) office will make a decision after talking decision mechanism. (three) who decided to end a case, in the case handling department should notify the original within 7 days after the decision, and notify the relevant department for letters and visits. Belongs to the Party committee assigned, handling of the case, report to Party Committee for the record. Provincial Department of political science and law decided to end the case, should be reported to the central government administrative departments for the record. The case handling department should be informed of the 7 days after receiving notice in the end,, and notify the party concerned unit and the township (town), the street. Article fifth Inform the parties concluded case conclusion, patience and meticulous legal interpretation and ideological education work, advised its appeal to go visit. The parties based on the same facts and reasons to the petition, the relevant departments will no longer accept, and notify the party concerned of the relevant departments of stability control work. Sixth end cases should be strictly in accordance with the standard, follow the procedure, may expand the scope, beyond the scope of authorization, the default steps in reverse order, beyond the time limit. Conclusion must withstand the test end. Article seventh the Party committee and the Department of political science and law on the end results reported for the record should be reviewed, mistakes are found, according to the authority to correct or ordered to make a decision department review, correct the error; error severity or lead to serious consequences, for the following treatment as the responsible person or unit responsible: (a) informed criticism to be made the wrong decision department; (two) to be informed criticism of the relevant leaders, shall be ordered to make a written examination, cancel its year Pingxian assessment qualification, academic promotion.     (three) the Contractor shall circulate a notice of criticism, cancel year Pingxian assessment qualification and promotion, promotion, as the case may be off the job training, from law enforcement positions, cancel law enforcement, until out of team of politics and law. (four) violations of law, request the relevant departments according to the provisions of the serious. Article eighth the measures shall enter into force as of the date of issuance. The central law departments can be combined with the characteristics of the system, formulate the specific implementation measures.