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Opinions of the Supreme People's Court on Strengthening the Work of Case-Handling by Presidents and Chief Judges of the People's Courts at Various Levels (for Trial Implementation) [Effective]
最高人民法院关于加强各级人民法院院庭长办理案件工作的意见(试行) [现行有效]
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Opinions of the Supreme People's Court on Strengthening the Work of Case-Handling by Presidents and Chief Judges of the People's Courts at Various Levels (for Trial Implementation) 

最高人民法院关于加强各级人民法院院庭长办理案件工作的意见(试行)

(No. 10 [2017] of the Supreme People's Court) (法发〔2017〕10号)

In order to fully implement the judicial responsibility system, optimize the allocation of judicial resources, and give full play to the exemplary, leading, and guiding roles of presidents and chief judges of the people's courts at various levels in the trial of cases, in accordance with the Notice of the CPC Political and Legislative Affairs Committee on Strictly Implementing the Standards and Procedures for Selection of Judges and Procurators, the Several Opinions of the Supreme People's Court on Improving the Judicial Responsibility System for the People's Courts, and other relevant provisions and in light of the actual circumstances of the trial work, the following opinions on strengthening the work of case-handling by presidents and chief judges are hereby raised as follows: 为全面贯彻落实司法责任制,优化审判资源配置,充分发挥各级人民法院院庭长对审判工作的示范、引领和指导作用,根据《中央政法委关于严格执行法官、检察官遴选标准和程序的通知》《最高人民法院关于完善人民法院司法责任制的若干意见》等有关规定,结合审判工作实际,就加强院庭长办理案件工作提出如下意见:
I. After the presidents and chief judges of the people's courts at various levels are incorporated into the quota of judges upon selection, they shall handle cases, including cases where they serve as the sole judges, participate in the collegiate bench as undertaking judges, participate in the collegiate bench as presiding judges, or participate in the trial of cases as members of the collegiate bench. They are not allowed to not handle cases, handle cases upon entrustment, or handle cases only in name after they are included in the quota of judges. Their case-handling tasks may not be replaced by debriefing, written examination, case approval, and other means.   一、各级人民法院院庭长入额后应当办理案件,包括独任审理案件、参加合议庭作为承办法官审理案件、参加合议庭担任审判长或作为合议庭成员参与审理案件,禁止入额后不办案、委托办案、挂名办案,不得以听取汇报、书面审查、审批案件等方式代替办案。
II. The presidents and chief judges of the people's courts at various levels shall handle cases according to the judicial work they take charge of and in light of their professional background and personal expertise. The trial priority shall be given to major, difficult, complicated, and new-type cases and cases of universal guiding significance in the application of law.   二、各级人民法院院庭长应当根据分管的审判工作,结合专业背景和个人专长办理案件,重点审理重大、疑难、复杂、新类型和在法律适用方面具有普遍指导意义的案件。
III. The presidents and chief judges of the people's courts at various levels shall handle a certain quantity of cases as undertaking judges. Such matters as hosting or participating in the meetings of professional judges and the judicial committees, coordinating and urging the handling of major and sensitive cases, receiving visitors, and instructing enforcement shall be included in their workload and post performance assessment, but shall not be used to offset the quantity of cases to be handled.   三、各级人民法院院庭长应当作为承办法官办理一定数量的案件。主持或参加专业法官会议、审判委员会、协调督办重大敏感案件、接待来访、指挥执行等事务应当计入工作量,纳入岗位绩效考核,但不能以此充抵办案数量。
IV. The quantity of cases handled by chief judges of the basic-level and intermediate people's courts on a yearly basis shall reach 50% to 70% of the average quantity of cases handled by judges of the same departments.   四、基层、中级人民法院的庭长每年办案量应当达到本部门法官平均办案量的50%-70%。
...... 基层人民法院院长办案量应当达到本院法官平均办案量的5%-10%,其他入额院领导应当达到本院法官平均办案量的30%-40%。
 中级人民法院院长办案量应当达到本院法官平均办案量的5%,其他入额院领导应当达到本院法官平均办案量的20%-30%。
 ......



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