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On how to do a good job in court investigation
On the one hand, the investigation work of the people's court is conducive to summing up the trial experience in time, providing general methods and guidance for solving the most prominent problems in a certain period, or discriminating a major difficult problem in theory, so as to find a supportable basis for judicial practice in theory; On the other hand, create publicity and public opinion, and establish a good image of the court system in front of the public. However, after all, court investigation is different from the manufacture of academic papers in colleges and universities and the government's news propaganda, and has its own unique summary and propaganda methods. The author believes that the development of court investigation should be strengthened from the following aspects. First, we must adhere to the correct orientation and highlight the focus of judicial investigation. We must always adhere to the "three services" working principle of "serving the overall situation, serving trials and serving decision-making" and constantly enhance the pertinence and effectiveness of judicial investigation. First of all, we should insist on taking judicial investigation as an important basis to improve the effectiveness of the court's work in serving the overall situation according to law. Only by fully realizing the importance of investigation can we make good use of it in trial practice, highlight its practicability, and form a good pattern of driving investigation by trial and promoting trial by investigation. Secondly, we should insist on judicial investigation as an important means to enhance judicial ability and improve judicial level. Always adhere to the working concept of "judicial investigation is a higher level trial", take improving the quality, efficiency and effect of trial as the focus of judicial investigation, and thoroughly study the new situation and new problems faced by trial work. In-depth investigation and research around key topics and active transformation of research results have effectively promoted the improvement of the quality and level of trial work. In judicial investigation, we should not only focus on solving outstanding problems, but also sum up typical experiences. Third, insist on taking judicial investigation as an important basis for planning the scientific development of court work. Because the problems targeted by the research work are typical, and they are aimed at the implementation of the unit, it has great reference value and significance. Before making important decisions, convening important meetings, deploying important work, and releasing important documents, it is necessary to carry out investigation and study in combination with the actual situation and conduct careful argumentation to ensure the scientific and feasible decision-making. Second, we should give full play to the role of judicial statistical analysis. Judicial statistics reflect the problems existing in the execution of judicial trials with the most authentic data, which is the first-hand information. Through the analysis of judicial statistics, we can better explain the problem and find the best solution. First, relying on information technology, constantly enrich statistical data resources and enhance the ability to master first-hand information. The biggest feature of judicial statistical analysis is to explain the problem with data and analyze the reasons. Therefore, it is necessary to effectively combine judicial statistics with research work to avoid wasting resources. The second is to integrate resources as a means to give play to the advantages of all parties. On the one hand, in view of the characteristics of researchers' profound knowledge of legal theory, judges' rich experience in trial practice and statisticians' mastery of a large number of case data and statistical methods, through effective organization and coordination, we strive to complement each other's advantages and form a joint force to continuously improve the quality of judicial statistical analysis; On the other hand, take service practice as the goal and effectively realize the diversified transformation of results. The transformation of judicial statistical analysis results is always regarded as an important index to test and evaluate the effectiveness of judicial statistical analysis. On the one hand, the "pre-decision" will be institutionalized and regularized, and the reference role of judicial statistical analysis in court management and decision-making will be given full play; On the other hand, efforts should be made to enrich the forms of transformation of achievements, broaden the ways and channels of transformation, and achieve "making the best use of people and literature". Third, grasping the system and grasping the mechanism to realize the scientific and standardized working mechanism and sound management system is an important guarantee to realize the scientific and standardized investigation work of the court. We should establish and improve the research mechanism from two aspects: first, study the work plan and assessment system. According to the deployment of the higher court and the actual situation of our hospital, we should formulate the annual research work plan and specific work plan, so that we can make clear the task and direction of this year's work and carry out research work in a targeted manner. The second is the organization and coordination mechanism of research work. It is necessary to pay attention to the role of the research laboratory as a full-time research institution in organizing, coordinating, guiding and leading the research activities of the whole hospital, and form a new pattern of research work led by the research laboratory, with the participation of relevant courts and other courts and full participation. The third is to investigate the incentive mechanism and funding guarantee system. A series of policies to encourage research have been issued, and the research work has been properly tilted in terms of people, money and materials. The research work is linked to the vital interests of police officers such as assessment, reward and promotion, and is included in the assessment scope of post target responsibility system, forming a management mechanism that combines responsibility to appear in court with responsibility to people, spiritual encouragement with material reward, and reward with punishment. The fifth is the transformation and utilization mechanism of research results. Establish a research achievement evaluation system and an efficient and high-level research achievement transformation mechanism, evaluate according to its manifestations and transformation methods, and further standardize the methods and procedures of research achievement transformation. Fourthly, it is the consistent style of previous leaders of our hospital to adhere to the unity of mediation and trial and pay equal attention to the function of trial and investigation. It is always emphasized that investigation provides a basis for trial work, a reference for leadership decision-making, and an idea for court reform. In terms of guiding ideology, adhere to "one overall plan" and implement "four covers". "One overall plan"-overall plan for investigation and trial. Deeply understand the harmonious interaction and life of investigation and trial work. On the one hand, around the trial center, from the difficulties reflected in the judicial trial, from the confusion of legal application, and from the abnormal points of statistical data, we can find the breakthrough point of investigation, so that the investigation work is closer to the trial practice, the problems existing in the work and the needs of grassroots service trials. On the other hand, the trial work provides a source of running water for investigation, which makes investigation come from practice and is higher than practice. Investigation itself is an important part of trial work, which runs through the whole process of trial activities. It is the unique law of judicial trial activities and the objective requirement of the continuous development of people's judicial cause. "Four Coverages" means the full coverage of case trial, trial management, trial guidance and trial extension. First, the investigation covers the trial of the case. It can ensure that judges can start in time according to their priorities when they encounter legal problems, provide intellectual protection for the correct judgment of cases, and especially help to ensure the quality of major, sensitive and complicated cases. Second, the investigation covers trial management. The evaluation system of trial quality and efficiency is one of the main means of trial management in our hospital. In recent years, on the basis of investigation, our hospital has improved the way of information feedback, refined the system to every judge in charge, organized regular case quality and efficiency review meetings throughout the hospital, and added some indicators reflecting the trial effect, making this system truly a "wind vane" and a "barometer" for trial work. Through investigation, our hospital further improved the judicial statistics ledger, implemented the system of weekly, monthly and quarterly judicial statistics, and changed the lagging and static judicial statistics work into an active and advanced management means. Third, the investigation covers trial guidance. In view of the hot and difficult issues reflected in the trial of cases, we will carry out special research, formulate standardized law enforcement opinions, unify law enforcement standards, standardize judges' discretion, and gradually explore a case guidance system that meets the trial level of intermediate courts, so as to strive for "the same case and the same sentence." Formulate normative guidelines for trial and execution of cases to ensure "sunshine trial". Fourth, the investigation covers the postponement of the trial. Extend the tentacles of investigation beyond the referee, and fully demonstrate the professional quality and law enforcement level of judges in our hospital by expanding various research carriers and platforms.