First, the people's court petition work status quo
(1) The total number of complaints and reports decreased. Take the number of complaints and reports about violation of discipline in longnan county courts in recent three years as an example, including 6 in 2007, 2 in 2008/kloc-0, 3 in 2009, 0 in 2065/kloc-0 and 0 in March. The main reasons are as follows: First, the court system has strengthened the source measures of party style and clean government building and anti-corruption work, especially since the implementation of the "five prohibitions" regulations, the police officers' awareness of honesty and self-discipline has been further enhanced. Second, the channels for reporting letters and visits have been further broadened, some letters and visits have been resolved in the bud, and the number of reports has decreased. Third, the court's handling procedures have been further improved, and the concept of justice for the people has been reflected. Fourth, the grass-roots courts have set up leading institutions for organ efficiency construction, further strengthened supervision over organ efficiency and work style construction, and the work style of organs has obviously improved, especially the service quality of window units has obviously improved.
(2) The problems reflected by letters and visits are complex, and repeated visits increase. Petitioners mainly reflect their dissatisfaction with court decisions, compulsory measures, litigation and procedures, execution and other issues. The problems involved in discipline inspection and supervision are relatively concentrated in: reflecting police officers' violations of honesty and self-discipline, violation of litigation procedures, unfair rulings and other behaviors. Judging from the basic situation of longnan county court's discipline inspection and petition in recent years, it basically belongs to one letter with many votes and repeated visits, which has also become a remarkable feature of petition activities.
(3) The traditional way of reporting letters and visits has been gradually replaced by the court's online reporting. With the rapid development of modern social networks, the channels of online appeal are more convenient and easier to attract attention.
(4) Informants for letters and visits are generally the parties or their relatives, and the objects reflected are mainly the judges and executors who undertake cases, and there are few letters and visits to clerks, bailiffs and other personnel. The main reason is often that the parties and their relatives are not satisfied with the handling of the case.
Second, the existing problems and causes analysis
(1) There are not many channels for reporting letters and visits. The source of the court's discipline inspection and supervision institutions to obtain letters and visits is mainly the report letter approved by the higher authorities or the network report transferred by the letters and visits department, and the people rarely directly petition. There are three reasons: first, the functions of the discipline inspection and supervision department of the court are illusory. When the masses find that the final solution to the problem is in the hands of relevant functional departments, they simply look for relevant departments or higher authorities to solve the problem, which is an important reason for the increase in leapfrog letters and visits. For example, the masses who have become the focus of social attention complain about the "imperial edict" issue, that is, the issue of petitioning in Beijing. Second, the higher authorities do not directly deal with letters and visits according to regulations. Even if there is a complaint, it only tells the complainant to complain to the competent department, or to refer the complaint to the relevant grass-roots departments for handling. Third, the court discipline inspection and supervision institutions lack the necessary binding force on functional departments.
(2) The problem of reporting letters and visits is becoming more and more complicated. Some letters and visits are influenced by historical reasons, institutional reform and other factors, and often involve institutional issues, policy issues and social issues at the same time. These problems are difficult to solve for a while because of the imperfect corresponding policies and measures. In practice, there are both administrative and legal problems, such as compensation for land acquisition and demolition, forest disputes and so on. These problems could have been solved through judicial channels, but the petitioners insisted on solving them through letters and visits, accounting for a certain proportion of the total number of letters and visits for discipline inspection and supervision, which increased the difficulty of solving and investigating cases through letters and visits.
(3) The establishment and staffing of court discipline inspection and supervision institutions need to be strengthened. In actual work, some courts have not set up supervision offices, and some discipline inspection and supervision cadres have several jobs, so they really don't have enough energy to invest in the work of discipline inspection and supervision letters and visits. Some discipline inspection and supervision cadres are unfamiliar with their business and their personal qualities can't keep up with the needs of the development of the situation, which leads to irregular handling of letters and visits, and many contradictions have not been resolved in time, which also affects the work of discipline inspection and supervision letters and visits to a certain extent.
(4) The masses lack the awareness of letters and visits according to law, and the activities of letters and visits tend to be multi-headed. Many petitioners believe that reporting to several organs and finding more leaders to reflect problems will be accepted once, which may attract more attention. With this mentality, many petitioners either don't report or send many reports at once. Some people don't understand the work of letters and visits, and there are many cases of blind letters and visits. In order to achieve personal goals and gain personal interests, some people use letters and visits to vent their dissatisfaction with the court police; Some petitioners have doubts about some irregular operations and complain with a speculative attitude. In actual letters and visits, many problems are groundless; Some problems reported by letters and visits can be solved through judicial channels, but due to the lack of legal awareness of petitioners, they are used to solving problems through letters and visits. Because of these factors, and the problems often can't be solved for a while, these whistleblowers repeatedly complain and write letters when they are dissatisfied, which leads to more and more repeated letters and revisits.
Third, countermeasures
(a) improve the leadership responsibility mechanism, smooth reporting channels. From a practical point of view, the smooth development of letters and visits can not be separated from the great attention of leaders at all levels. Therefore, to build a new mechanism for letters and visits, we must first establish a leadership responsibility mechanism for letters and visits, and improve the system that leaders are the first responsible person for letters and visits. It is necessary to incorporate the work of discipline inspection and supervision of letters and visits by grass-roots courts into the important content of implementing the responsibility system for building a clean and honest party style. It is necessary to regard the main leaders at the grass-roots level as the first responsible person in the work of letters and visits, and to be the first insider and coordinator in the work of letters and visits, so as to ensure that the leaders of important letters and visits personally grasp, ask and solve. At the same time, further establish and improve the grass-roots petition network, establish petition networks at all levels, and pay attention to effectively improve the political quality and professional level of petition cadres through training.
(two) improve the organization and coordination mechanism, the formation of task diversion and resource sharing. At present, the court has discipline inspection and supervision petition institutions and filing petition institutions. Petitioners who complain that they are dissatisfied with court decisions and compulsory measures, litigation and procedures, execution and other issues can generally be handled through the efforts of the court's petition department. Those who report violations of law and discipline by police officers shall be handled by discipline inspection and supervision institutions. The solution of a petition problem often involves many problems, involving many departments and units, which cannot be solved by the discipline inspection department alone. Therefore, for some major letters and visits involving several departments, it is necessary to determine the lead and participating units to handle them together. For the problems that should be handled by the discipline inspection department, the discipline inspection department should take the initiative to take the lead, actively coordinate various departments, exchange information, strengthen cooperation, integrate resources, and work with others to study letters and visits and formulate solutions. Practice has also proved that some letters and visits can only be solved through cooperation. At the same time, between the discipline inspection and supervision institutions and the functional rooms within the court, we should also do a good job of communication and coordination and cooperate with each other.
(3) Improve the supervision and restriction mechanism and strengthen source prevention. Combine internal supervision with superior supervision and social supervision to form a joint force of supervision, which not only solves the problems reflected by the masses, but also actively explores the solution to the problem, gradually establishes a long-term working mechanism, and strives to prevent and reduce mass petitions from the source, especially leapfrog petitions and group visits.
Network reporting has become an increasingly common and effective means of anti-corruption. It is necessary to vigorously strengthen the software and hardware construction of network reporting, and take effective measures to realize the interconnection of network reporting as soon as possible, so that resources can be correctly guided and responded quickly. It is necessary to designate a special person to be responsible for the collection and collation of online reporting supervision clues, and establish a set of fast and effective procedures for screening, screening, investigating, processing and feeding back information. Establish a network report supervision spokesperson system, quickly process and reply the verified information, publish information accurately, timely and in detail, and curb the proliferation of false information.
(four) improve the publicity and education mechanism, standardize the work of letters and visits. Publicity and education is the orientation, and publicity and education of popularizing law is the basic work of doing a good job in letters and visits. First, the Central Commission for Discipline Inspection and the Ministry of Supervision's Provisions on Controlling Applications, Measures for Reporting by Supervisory Organs and the State Council's Regulations on Letters and Visits will be incorporated into the grassroots legal popularization plan to enhance the awareness of people's letters and visits according to law and cadres' awareness of handling letters and visits according to law; The second is to carry out publicity and consultation activities on letters and visits laws and regulations, conscientiously implement the principle of "hierarchical management and centralized handling" of letters and visits by the supervision organs of the Commission for Discipline Inspection, promote the construction of an orderly, standardized and efficient order of letters and visits, and strive to control collective visits, leapfrog visits and repeated visits; Third, vigorously carry out warning education, deeply analyze some typical cases, preach by cases, promote education by cases, and effectively prevent corruption from the source.
(five) improve the handling mechanism of letters and visits, and resolve conflicts in a timely manner. First of all, adhere to the concept that every visit must be done, and make quick verification, quick report, quick instruction, quick supervision, quick coordination and quick handling. The second is to establish a system of inspection and return visits. Pay attention to the handling and implementation of letters and visits, focusing on whether the investigation of the problem is thorough, whether the qualitative analysis is accurate, whether the applicable laws and regulations are in place, and whether the people are satisfied with the return visit. All those who are unclear in implementation, inaccurate in characterization and inadequate in handling are required to be dealt with again and will never be accommodated. Third, explore the establishment of a letter exchange system for the discipline inspection team to improve the fairness of reporting cases through letters and visits.
(6) Strengthen team building and accountability mechanism. In view of the expectations of all walks of life for the court, the court should focus on solving the problems existing in the professional ethics of judges, focusing on checking whether there are "relationship cases, human cases and money cases", whether there are "three similarities" with the parties, and whether there are problems such as "eating and taking cards" and illegal trial and execution. As long as there is no problem with team building, there will be no letters and visits to court police officers. At the same time, the court should also strengthen the accountability system for letters and visits, establish a reward and punishment mechanism for letters and visits, so that every judge can enhance his professionalism and sense of responsibility, not only strive to make the case under trial an "ironclad case", but also take the initiative to serve the judgment and prosecute the parties, so as to truly "close the case".
Reference: Some thoughts on strengthening the work of discipline inspection and letters and visits in people's courts.
http://lnxfy.chinacourt.org/public/detail.php? id = 466