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Read in Chinese

Speakers:

Ms. Tao Kaiyuan, justice and vice president of the Supreme People's Court (SPC)

Ms. Yang Linping, justice and vice president of the SPC

Mr. He Xiaorong, justice and vice president of the SPC

Mr. Shen Liang, justice and vice president of the SPC

Chairperson:

Chen Wenjun, spokesperson of the Publicity Department of the Central Committee of the Communist Party of China (CPC)

Date:

July 12, 2022

Chen Wenjun:

Friends from the press, good morning. Welcome to this press conference held by the Publicity Department of the CPC Central Committee. Today, we are holding the 15th press conference under the theme of "China in the past decade" to brief you on working measures and effect of people's courts in the new era. Joining us today are Ms. Tao Kaiyuan, justice and vice president of the SPC; Ms. Yang Linping, justice and vice president of the SPC; Mr. He Xiaorong, justice and vice president of the SPC; and Mr. Shen Liang, justice and vice president of the SPC. 

Now, let's give the floor to Ms. Tao for her introduction.

Tao Kaiyuan:

Friends from the press, good morning. First, I would like to express my thanks for your interest in and support for the work of the SPC. My colleagues and I will brief you on the work of the SPC in the past decade.

Since the 18th CPC National Congress, under the strong leadership of the CPC Central Committee with Comrade Xi Jinping at its core, the people's courts have adhered to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, and thoroughly implemented Xi Jinping Thought on the Rule of Law. We have acquired a deep understanding of the decisive significance of the establishment of both Comrade Xi Jinping's core position on the Party Central Committee and in the Party as a whole and the guiding role of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, and increased our awareness of the need to maintain political integrity, think in big-picture terms, follow the leadership core, and maintain alignment with the central Party leadership. We have stayed confident in the path, the theory, the system and the culture of socialism with Chinese characteristics. We have firmly upheld Comrade Xi Jinping's core position on the Party Central Committee and in the Party as a whole and upheld the Central Committee's authority and its centralized, unified leadership ("Two Upholds"). We have focused on the goal of making the people feel fairness and justice in every judicial case, and adhered to the principle of justice for the people and enhancing judicial justice. We have worked to provide powerful judicial services and guarantees for building a modern socialist country in all respects. The number of cases accepted and heard by the people's courts increased from 14.217 million in 2013 to 33.516 million in 2021. The total value of closed cases reached 46.7 trillion yuan.

First, we have adhered to the absolute leadership of the Party over judicial work, always taken the Two Upholds as the highest political principle, and unswervingly followed the path of socialist rule of law with Chinese characteristics. We have always upheld Comrade Xi Jinping's core position on the Party Central Committee and in the Party as a whole, stayed absolutely loyal to the leadership core, obeyed the Party's command, shouldered our responsibilities, studied, believed in and put into practice Xi Jinping Thought on the Rule of Law, and thoroughly implemented the decisions and arrangements of the Party Central Committee in judicial work.

Second, we have safeguarded national security and social stability in accordance with the law. We have adopted a holistic approach to national security, punished criminals in accordance with the law, and resolutely safeguarded national political security and overall social stability. We have worked to crack down on organized crime and root out local criminal gangs on an ongoing basis. From 2018 to 2021, Chinese courts concluded 36,000 gang-related cases, involving 244,000 suspects. Murder, arson, kidnapping and other crimes were severely punished, and serious violent crimes were in smaller numbers. We have punished epidemic-related crimes in accordance with the law, and effectively ensured order in the epidemic prevention and control work. We have adhered to the principle of seeking truth from facts, and resolutely corrected a number of major wrongful convictions, such as those of Hugjiltu and Nie Shubin, to ensure more powerful judicial protection of human rights.

Third, we have served the high-quality economic development in accordance with the law. We have applied the new development philosophy in full, in the right way and in all fields, and performed our duties and responsibilities on major issues. We have strengthened judicial protection of property rights, corrected the case of Zhang Wenzhong in accordance with the law, and provided equal protection to state-owned and private enterprises, domestic and foreign-funded enterprises, and micro, small, medium-sized and large enterprises, in order to create a market-oriented, law-based and international business environment. We have promulgated 20 practical and tough measures to promote the development of micro, small and medium-sized enterprises, substantially resolving their disputes and helping these market players solve difficulties, in a bid to ensure stability on six key fronts (employment, finance, foreign trade, inbound investment, domestic investment, and market expectations) and security in six key areas (jobs, basic living needs, operations of market entities, food and energy security, stable industrial and supply chains, and the normal functioning of primary-level governments). We have strengthened judicial protection of intellectual property rights to serve innovation-driven development. The number of first-instance cases related to intellectual property increased from 101,000 in 2013 to 577,000 in 2021, with an average annual growth rate of more than 20%. Judicial interpretations such as provisions on issues concerning representative actions arising from securities disputes have been introduced to promote the healthy and stable development of finance. We have protected the ecological environment with the strictest rule of law in order to serve the building of a beautiful China. We have worked to ensure the legitimate rights and interests of both Chinese and foreign parties receive equal protection. In addition, we have improved judicial policies in terms of Belt and Road cooperation, and the construction of free trade pilot zones and free trade ports, in order to serve high-level opening up.

Fourth, we have protected the legitimate rights and interests of the people in accordance with the law. We have safeguarded the bottom line of ensuring people's safety, and promptly published judicial interpretations and typical cases of crimes related to issues close to people's lives, such as telecommunications and internet fraud, infringement of citizens' personal information, and throwing objects from height. We have strengthened judicial protection, implemented the Civil Code, and deepened the reform of family trial rules and mechanisms. In the past 10 years, more than 36 million cases involving education, employment, medical care, elderly care, housing, marriage and other family issues have been concluded in accordance with the law. After achieving the phased goal of basically resolving difficulties in the execution of court rulings, we have continued to consolidate the results. In 2021, a total of 8.642 million cases were enforced and concluded by courts across the country, involving sums of 1.94 trillion yuan. We have vigorously promoted the building of a one-stop system that offers both litigation services and alternative dispute resolution services. In 2021, 10.84 million disputes were mediated by courts across the country online. From January to June 2022, 5.773 million disputes were mediated online. China has established a one-stop system that offers both litigation services and alternative dispute resolution services with Chinese characteristics, which can mobilize the vast number of resources, provide the most complete online mediation, and resolve a wide variety of cases.

Fifth, we have accelerated building a fair, efficient, and authoritative socialist judicial system. We have fully implemented the judicial responsibility system and the quota system for judges, improved the category-based management of judicial personnel, and the judicial restraint and supervision system to ensure that adjudicators and those who judge are held accountable. We have deepened the reform of the trial-centered litigation system and completed pilot reform practices to separate the handling of civil litigation cases by complicated and simple procedures. We have improved the trial-level functions of four-level courts, improved the organizational system of the people's courts, and comprehensively improved the quality and effectiveness of trials. We have deepened the building of smart courts, and introduced three major rules respectively for online litigation, online mediation, and online operation of the people's courts, as well as guidelines on strengthening the judicial application of blockchain. There are now broad prospects for technology to empower justice.

Sixth, we have developed a committed, disciplined, and responsible professional team of courts. We have accelerated team building to make it more revolutionized, standardized, specialized, and professional, strictly governed the Party and the police in all areas, and solidly carried out team education and improvement. By doing so, we have continuously improved the political ecosystem, discipline observance, and staff capabilities of courts throughout the country. Among them are many progressive role models of justice for the people and fair justice in the new era, such as Zou Bihua, Fang Jingang, Zhou Chunmei, and Teng Qigang.

On the new journey, the people's courts will, under the guidance of Xi Jinping Thought on the Rule of Law, stride forward along the path of the socialist rule of law with Chinese characteristics and better perform our duties and missions, to let the people genuinely feel that fairness and justice are permanently close by and welcome the 20th CPC National Congress with practical actions.

That is all I have for now. Thank you.

Chen Wenjun:

Thank you. Now the floor is open to questions. Please identify the media outlet you represent before raising questions.

Economic Daily:

My questions are about foreign investment. Over the past decade, tremendous changes have taken place in China's foreign investment management system, providing institutional support for better building a high-level open economy. What has the SPC done in handling the disputes involving foreign-invested companies, and what has been achieved? What are the goals and directions for the work in the future? Thank you.

Tao Kaiyuan:

Thank you for your questions. Since I am in charge of foreign-related commercial and maritime trials, I am glad to take your questions, which I think are very specific. Over the past decade, the people's courts have resolutely implemented the decisions and plans of the CPC Central Committee and actively supported high-level opening up. By handling disputes involving foreign-invested companies fairly and efficiently based on the Foreign Investment Law, we have protected the legitimate rights and interests of Chinese and foreign investors equally in accordance with the law and continuously improve the law-based and international business environment. I would like to brief you on the work in four aspects.

First, we have participated in and promoted the formation of an institutional system for foreign investment in the new era. You mentioned in your questions that some historical changes have occurred in the foreign investment management system. What are they? Simply put, we have changed from the previous system of examination, approval, and record filing to a system of pre-establishment national treatment plus a negative list. It is a significant change. Under such circumstances, the SPC promptly formulated and amended supporting judicial interpretations and implemented them simultaneously with the new Foreign Investment Law to maintain the validity of investment contracts that do not fall into the negative list. Investment contracts are valid if they do not fall into the negative list. We have facilitated trials involving foreign-invested companies into a new stage where they are conducted in accordance with the system underpinned by law, a regulations document, and two interpretations documents. In simple words, they are the Foreign Investment Law and regulations on its implementation, as well as judicial interpretations on the trial of cases on disputes involving foreign-invested companies and judicial interpretations that apply to the Foreign Investment Law to support it. Thus, we have formed the system, which is one aspect of our work.

Second, we have constructed a specialized adjudication architecture for all cases of disputes involving foreign-invested companies. The SPC issued a notice in 2017 on level-specific jurisdiction standards and unified handling of foreign-related civil and commercial cases of the first instance, requiring that disputes concerning the establishment, investment, and confirmation of shareholder qualifications of foreign-invested companies all be heard in foreign-related courts, thus forming a specialized adjudication architecture for such disputes. The minutes formed after a national conference on foreign-related commercial and maritime adjudication of courts held by the SPC in Nanjing last June clarified such disputes and unified the application of the law. At the same time, the minutes also made provisions for simplifying the procedures of entrustment of foreign parties and notarization and certification of extraterritorial evidence to facilitate their participation in litigation.

Third, we have made China's contribution to improving the whole international commercial transaction rules. Our efforts were mainly as follows: To hear cases fairly and efficiently during the COVID-19 outbreak, the SPC issued four guidelines on the trial of civil cases related to COVID-19, the third of which is specifically related to the trial of foreign-related commercial and maritime cases. It received great attention from the U.N. after being released, and the U.N. General Assembly reached a special resolution to include the guidelines in the system of Case Law on the United Nations Commission on International Trade Law Texts, a commendable achievement for us.

Fourth, we have launched a package to ensure that investment liberalization and facilitation principles are implemented in detail. The package includes: First, the SPC issued the guiding opinions on people's courts providing services to guarantee further opening-up. The SPC and the NDRC jointly issued the opinions on providing judicial services and safeguards to accelerate the improvement of the socialist market economy in the new era. Second, the SPC carried out special surveys on serving the building of free trade pilot zones, the Hainan free trade port, the Guangdong-Hong Kong-Macao Greater Bay Area, and Beijing's "two zones" (the Integrated National Demonstration Zone for Opening Up the Services Sector and the Beijing Pilot Free Trade Zone), and issued guiding opinions respectively. Some media friends here may have attended relevant press conferences and learned about the situation. We have publicized relevant typical cases, and worked to strengthen the protection of foreign-invested enterprises and promote cross-border investment. Third, local courts have heard several representative cases of disputes involving foreign-invested enterprises in accordance with the law, such as the shareholder qualification confirmation cases of Shanghai New Star Imp. & Exp. Inc. and Rugao Jinding Real Estate Co., Ltd. If interested, you can visit the SPC website to check the relevant cases. While handling these cases, we strictly followed the provisions of the Foreign Investment Law and its judicial interpretations, and implemented the pre-entry national treatment plus negative list system, in an effort to effectively protect foreign-invested enterprises' market expectations.

Next, the people's courts will act on the new development stage, fully and faithfully apply the new development philosophy, and actively serve and be integrated into the new development pattern. We will focus on building a new higher-level opening-up economic system, effectively improve the quality and efficiency of foreign-related justice, and contribute more to promoting the liberalization and facilitation of trade and investment. Thank you.

China Media Group:

The 18th CPC National Congress report proposed that ecological conservation should be placed in a prominent position. Since the 18th CPC National Congress, significant steps have been taken in building a beautiful China, and China's eco-environmental protection has undergone historic, transformational, and overall changes. In promoting ecological advancement, what kind of wisdom and strength has the judiciary contributed? Thank you.

Tao Kaiyuan:

Ms. Yang Linping will answer this question. She's our justice and vice president of the SPC, and she is in charge of trials of cases related to the environment and natural resources.

Yang Linpin:

Regarding the judicial protection of the ecological environment, it's fair to say that ecological advancement is a major pillar of the country that is related to the people's happy life. Since the 18th CPC National Congress, the CPC Central Committee has promoted ecological advancement with unprecedented strength. China's eco-environmental protection has undergone historic, transformational, and overall changes, and the achievements of building a beautiful China have attracted worldwide attention. In May last year, the SPC and the United Nations Environment Programme successfully held the World Judicial Conference on Environment. In his congratulatory letter, General Secretary Xi Jinping pointed out that China has continued to deepen the reform and innovation of environmental jurisdiction and has accumulated useful experience in judicial protection of the ecological environment. Based on their duties in hearing cases related to the environment and natural resources, the people's courts have been implementing the concept that lucid waters and lush mountains are invaluable assets. Xi Jinping Thought on Ecological Civilization has been vividly practiced in the judicial field.

First, we have heard several landmark cases and promoted the rule of law in eco-environmental protection. Since the 18th CPC National Congress, courts across the country have tried and concluded 1.929 million cases related to the environment and natural resources. Among them, there were 285,000 criminal cases, 1.284 million civil cases, and 360,000 administrative cases. We heard cases such as public interest litigation concerning the Tengger Desert pollution, in a bid to help win the battle for pollution prevention and control. We heard cases concerning preventive protection of green peacocks or illegal fishing of eel fry in the Yangtze River, and worked to promote the protection of biodiversity. We also tried cases concerning illegal sales of artifacts that can cheat annual car inspections for automobile exhaust, in an effort to help reduce pollution and carbon. Our judicial work in the environmental field has always resonated with the country's efforts to promote ecological advancement at the same frequency. With fair judgment on each case, we have been working to promote the rule of law and build a beautiful China.

Second, we have formulated and improved a series of judicial interpretations and judicial policies and weaved a dense network of judicial protection for the ecological environment. We formulated 21 judicial interpretations on the punishment of pollution crimes, forest resource protection, injunction for environmental infringement, and punitive damages, and issued 13 judicial documents, including the opinions on comprehensively strengthening judicial protection of the ecological environment in the new era and the opinions on the implementation of the Yangtze River Protection Law. We publicized 26 guiding cases. Please note that the guiding cases released by the SPC have the force of law. We also released 260 typical cases in 24 batches, which responded to the people's yearning for a better life with a blue sky, green land, and clear water. Local courts have innovatively applied judicial measures for ecological restoration. For example, violators who illegally cut down trees are required to replant more trees for re-greening in legal bargaining; fish fry are released into lakes and rivers to help restore these populations and improve the community structure of the waters; people responsible for environmental infringement are allowed to deduct the technological transformation costs from their compensation for environmental damage. In this way, local courts have built a number of ecological restoration bases based on judicial protection, in an effort to guide the public to protect the ecological environment, just like they protect their own eyes.

Third, we have deepened judicial reform and innovation regarding the environment and established an adjudication system with Chinese characteristics for cases involving the environment and resources. A total of 2,426 judicial organs for environmental and resource cases have been established by courts across the country, and courts handling environmental and resource cases have been put in place one after another in Nanjing, Lanzhou, Kunming and Zhengzhou, demonstrating that the judgment level has been advanced to a new high. The SPC and 29 higher courts exercised their three-in-one functions of criminal, civil and administrative trials related to environmental and resource cases, established a coordinated judicial mechanism of environmental cases on the Yangtze River, Yellow River, Grand Canal and other basins, ensured centralized jurisdiction of trans-regional cases based on national parks and other ecological function zones, thus significantly improving the judicial capacity of the eco-environmental conservation system.

Fourth, we have strengthened international exchanges and cooperation regarding environmental judicial issues to promote global ecological conservation. We held the World Judicial Conference on Environment, and the participating countries and international organizations reached the Kunming Declaration of the World Judicial Conference on Environment to address the three major crises in global environmental pollution, namely climate change, biodiversity loss and environmental pollution. We hosted a number of international judicial conferences on tackling climate change and conserving biodiversity. China's judicial adjudications on environment-related cases have been included in the United Nations Environment Program (UNEP) database. China's concepts, systems, principles and practices on environment-related judicial issues have attracted increasing international attention, contributing Chinese wisdom and solutions to promote the development of international environmental rule of law and build a clean and beautiful world.

Thank you.

Tianmu News:

The rapid development of the digital economy has impacted our daily lives and work, while bringing brand new legal problems. For example, with the rise of such e-commerce festivals as "Double 11" and the "618" shopping gala in recent years, how do we solve disputes in e-commerce? Thank you.

Tao Kaiyuan:

Your question is very important as e-commerce remains a field of great concern. I'd like to invite Mr. He Xiaorong, who is in charge of the civil cases, to answer this question.

He Xiaorong:

I am very pleased to answer this question. We often say that cyberspace is not beyond the rule of law. Since the 18th CPC National Congress, the CPC Central Committee with Comrade Xi Jinping at its core has attached great importance to the development of the digital economy and made it a national strategy. In recent years, along with the fast growth of China's internet industry, the number of e-commerce disputes has also risen rapidly. We have always attached equal importance to encouragement and restriction, and tried various cases involving e-commerce in accordance with the law. In March 2022, the SPC issued Provisions on a Certain Number of Issues Concerning the Application of Laws on Cases of Disputes over Online Consumption (I). The release of the judicial interpretation has prompted strong reactions from all parts of society, providing responses to the public addressing issues related to online consumption. We will strengthen the protection of consumers' rights and interests to promote the healthy development of the cyber economy.

First, as for standard clauses, "the quality of commodities shall be deemed to meet the requirements upon receipt by the recipient" is a standard clause we often see. Another instance is "the operator has the right of unilateral interpretation or final interpretation." Such clauses are often seen in online consumption. As prescribed in the Civil Code, standard clauses that are provided by sellers to impose fewer liabilities on themselves and excess liabilities on consumers shall be deemed invalid according to law.

Second, in terms of online consumption fraud, the judicial interpretation stipulates that contracts signed by e-commerce operators and others for false publicity by fabricating transactions, clicks, and user comments shall be deemed invalid according to law.

Third, in terms of non-standard promotions in online consumption, the judicial interpretation stipulates that e-commerce operators whose prize items, giveaways, or exchange products cause damage to consumers shall take the responsibility for compensating for damages, and shall not claim liability exemption on the grounds that prize items or giveaways are provided for free, or that goods are purchased in exchange. 

Fourth, as for livestreaming marketing, the judicial interpretation stipulates the self-management responsibility of the livestreaming sales platform operators, their prepayment responsibility when they are unable to provide real information and effective contact information of the livestreaming studio operators, their responsibility to review the operation qualification of livestreaming studios for selling food, and their joint and several liabilities for failing to take necessary measures when they know or should have known that the livestreaming studio infringed upon the legitimate rights and interests of consumers. It also stipulates the legal obligations and liabilities of online catering service platform operators for failing to review real-name registration and licenses, as well as the rights and obligations in commissioned processing. It is known that takeaway food and drink involves every citizen's right to health, so we have formulated stricter regulations in this regard. 

Next, we will continue to pay close attention to new developments and new problems in the trials of e-commerce cases, enact the second judicial interpretation on online consumption at an appropriate time, and actively respond to public concerns. We will also take solid measures to protect the legitimate rights and interests of the people so that they can be assured of using e-commerce to buy safely, facilitating the sustained and sound development of e-commerce in China. On the other hand, we will take active measures to adapt to the development needs of e-commerce, apply accurately online litigation rules and online mediation rules, step up efforts to improve electronic certification and other digital application infrastructure, and protect the rights of the parties involved to choose the litigation mode and to dispose of procedural interests so as to improve the quality and efficiency of online e-commerce dispute resolution. Thank you.

Cover News:

According to this year's work report of the SPC, the number of major criminal cases in eight categories has remained low, and their proportion in all criminal cases has steadily declined. Could you tell us what efforts the people's courts have made since the 18th National Congress of the CPC to give full play to criminal trials and contribute to building a Peaceful China and advancing the rule of law in China? Thank you.

Tao Kaiyuan:

I'd like to invite Mr. Shen Liang, justice and vice president of the SPC in charge of criminal trials, to take this question.

Shen Liang:

I'm glad to answer your question. Since the 18th CPC National Congress, guided by Xi Jinping Thought on the Rule of Law and focusing on the aim to ensure that the people can see that justice is served in every judicial case, the people's courts throughout the country have faithfully performed their duties of criminal trials to punish crimes and protect the people, playing an important role in safeguarding the national political security, ensuring overall social stability, promoting social fairness and justice, and ensuring that people enjoy peace and contentment in work and life. 

Over the past decade, the people's courts have resolutely implemented the criminal policy of combining punishment and clemency and severely punished serious criminal offenses in accordance with the law. They have cracked down on major violent and terrorist crimes that seriously endangered national security and social stability and punished crimes that seriously affect people's sense of security, including those of hijacking buses, killing innocent people, and injuring doctors with violence. For the crimes that seriously challenge the bottom line of law and ethics, such as harming minors, sexual assault on children, and trafficking of women and children, severe punishment or death sentence, if applicable, shall be meted out. The people's courts have severely punished in accordance with the law financial crimes and fundraising fraud to maintain financial security, as well as embezzlement and bribery crimes to deepen the fight against corruption. They have continued the ongoing efforts to combat organized crime and root out local criminal gangs. A number of criminals involved in these crimes, including Liu Han, Liu Wei, Sun Xiaoguo, and Huang Hongfa, as well as their "protection umbrellas," have been severely punished in accordance with the law. The number of serious violent crimes handled by the people's courts, including murder, robbery, kidnapping, arson, and explosions, dropped from 75,000 cases involving 95,7000 criminals in 2013 to 49,000 cases involving 56,800 criminals in 2021. Meanwhile, lighter punishment shall be meted out for those cases caused by civil conflicts with statutory or discretionary mitigating circumstances. In 2021, the number of criminals sentenced to imprisonment of not more than three years accounted for 84.6% of all the criminals in effective sentences. That is to say, 84.6% of criminal cases sentenced by the people's courts were light punishment cases with imprisonment of not more than three years, showing that China's social order continues to improve.

Over the past decade, the people's courts have been committed to putting people at the center. We have performed our duty through criminal trials and worked to enhance people's sense of security, contentment, and happiness. We have taken firm action against telecom and cyber fraud, infringement upon women and children, and drug-related crimes, etc. We have carried out special campaigns to crack down on pension scams and severely punished crimes that infringe upon the people's immediate interests. These include crimes such as endangering food and drug safety, harming epidemic prevention and control, environmental pollution crimes, infringements of personal information, throwing objects from height, and identity theft in school or college enrollments. In particular, the people's courts have stepped up protection for women, children, the elderly, and people with disabilities. We have worked to protect people's safety in all respects, from food to drug, from head to toe, and from offline to online.  

In the past 10 years, the people's courts have placed equal importance on punishing crimes and protecting human rights, working to deepen the reform of an adjudication-centered litigation system. We have strictly followed the principles of legality, the presumption of innocence, and evidence-based verdict and prevented and redressed miscarriages of justice. We have taken a fact-based approach and corrected a batch of wrongly adjudicated cases, including the cases of Hugjiltu for rape and murder, Nie Shubin for rape and murder, Zhang Wenzhong for bribery and fraud, the "Zhang Hui, Zhang Gaoping rape and murder case," and "the case of Wang Lijun for his unlicensed corn purchasing business." We have drawn a clear line between crime and non-crime, between economic disputes and economic crimes. The criminal punishment is prohibited in civil disputes and turning civil liability into a criminal liability is prevented. We worked to standardize commutation, parole, and execution of sentences outside the prison. We cracked down on violations of regulations related to such activities to ensure justice and fairness in executing punishment.

Over the past decade, the people's courts have valued promoting social fairness and justice and adhered to the principle that responsibility and punishment must suit the crime during criminal trials. We dealt with cases in strict accordance with the laws while considering society's rules and people's feelings. When handling cases with close social attention and diversified public opinions, the people's courts have maintained law-based focus and stood by the law. Working to integrate professional judgment based on the law with people's simple aspiration for fairness and justice, the people's courts have made the judicial process of cases with close public attention into open courses for the public to learn about the rule of law, enabling people to see that justice is served in every judicial case.

Thank you.

People's Daily:

At the Third Plenary Session of the 18th CPC Central Committee, China set the reform goal of improving the system of judicial protection of human rights. How has this goal been implemented? What progress have we achieved? Thank you.

Shen Liang:

Thank you for your questions. Over the past decade, the people's courts have integrated punishing crimes and the protection of human rights. The socialist criminal justice system with Chinese characteristics has been improved, and efforts have been strengthened for the judicial protection of human rights over the years.

First, we have deepened the reform of an adjudication-centered litigation system. We have implemented the decisions made at the Fourth Plenary Session of the 18th CPC Central Committee, published the opinions on the reform of an adjudication-centered litigation system, and worked to establish a criminal litigation mechanism in which litigation is centered on the judicial process, judicial process centered on court trials, and court trails centered on evidence. We have strictly enforced the principle of the evidence-based verdict, improved the mechanism for witnesses, authenticators, and investigators to appear in court, and increased the witness attendance rates in court. We have firmly followed three procedures for handling criminal cases: conducting pretrial conferences, excluding illegal evidence, and conducting courtroom investigations. These efforts allowed us to fully play the decisive role of courts in finding out the truth, identifying the evidence, protecting the right of action, and ensuring fair adjudication. 

Second, we have worked to prevent miscarriages of justice. The people's courts have been admitted to a fact-based approach and resolutely took actions to correct those wrongly-adjudicated cases in history. In addition, we have made innovations on judicial concepts and strictly enforced the principles of legality, the presumption of innocence, and evidence-based verdict, to prevent and redress miscarriages of justice. In first-instance or second-instance trials, due to lack of evidence or the existence of major doubts, the people's courts acquitted some defendants who had committed crimes before, which prevented the wrongly-adjudicated cases from happening in a timely and effective manner.

Third, we have worked to improve the mechanism to ensure procedural fairness. We have made new judicial interpretations to the Criminal Procedure Law, focused on strengthening the protection of litigious rights, and worked to fully implement the litigation system involving the public trial and right to defense. Efforts have been made to fully protect the litigious rights of the defendants, defenders, and victims and implement in earnest the principle of respecting and protecting human rights. We have carried out pilot programs to achieve full legal defense coverage in criminal cases, improved the mechanism that makes it more convenient for lawyers to participate in litigation, and guaranteed defense lawyers exercise their rights in accordance with law and better play their roles, to ensure that judges sentence convicted criminals and no one should be prosecuted without criminal evidence. 

Fourth, we have worked to step up the protection of the rights and interests of minors. We have improved the socialist juvenile justice system with Chinese characteristics and published opinions on strengthening the trial of cases involving minors. China now has 2,181 juvenile courts, which follow the principle of "putting education first and imposing punishment only if necessary" and adhere to the guideline of "education, persuading and rehabilitating juveniles." More efforts have been made to promote the sentence of non-custodial penalties to minors. The people's courts have taken an active part in preventing and deterring juvenile delinquency. The number of cases involving minors dropped for years in a row. Thank you.

Red Star News:

My question is, how will the people's tribunals, standing at the frontier for solving conflicts and disputes and serving the public, play a role at the new development stage in serving rural vitalization, primary-level social governance, and preventing and addressing disputes at the source? Thank you.

He Xiaorong:

I will answer this one. The people's tribunals stand at the front line for serving the public and solving disputes, and for boosting social governance and rural vitalization. Since the 18th CPC National Congress, the people's courts have paid more attention to systematic concepts, law-based thinking and building a strong foundation. Two national people's tribunals working conferences were convened. Concrete and practical measures were taken to spearhead relevant works. Last year, a guidance was issued to clarify working principles of people's tribunals in the new era: to provide strong judicial services and guarantee for rural vitalization, national rejuvenation, and common prosperity. 

First, to serve the comprehensive advancement of rural vitalization. The rural areas are China's lifeline. Focusing on comprehensively boosting rural vitalization, we optimize the distribution of the tribunals with continued efforts. We properly solve agriculture-related disputes in accordance with the law. Through specialized tribunals, we try cases regarding industrial development and ecological preservation justly and efficiently, ensuring the agricultural and rural development and serving the deepening of rural reforms. People's tribunals specializing in environmental protection and tourism have emerged nationwide to facilitate the development of characteristic industries in rural areas. The people's tribunals also actively try out to facilitate the trials of new urbanization, offering targeted judicial services for boosting high-quality urbanization. 

Second, to serve primary-level social governance. When the primary level of a society is well-governed, society can live in peace. From 2016 to 2021, people's tribunals concluded 25.377 million cases nationwide, accounting for approximately 25% of the cases concluded by primary people's courts. We push for people's tribunals to work in rural areas, communities and grid units, relying on local Party committees' leadership and focusing on the city- and county-level governance requirements. A diversified dispute-solving mechanism is thriving. The number of medication organizations and mediators invited to be stationed at tribunals has risen remarkably. The justice departments fully play the role of participating in advancing, regulating, and supporting social governance. We build the Fengqiao model of people's tribunals and three defense lines for preventing and defusing conflicts and disputes - addressing problems at the source, before litigation, or through judicial adjudication, to effectively solve conflicts and disputes at the local and primary level. 

Third, to facilitate people's needs for a high-quality life. Cases concerning people's livelihood are adequately tried in accordance with the law, including the ones involving marriage and family, labor disputes, property disputes, and adjacent relation disputes. Right relief is enhanced. People's rights and interests are protected. Circuit trials are conducted in the ways of vehicle-carried tribunals, horseback tribunals, and backpacked tribunals, smoothing the last kilometer of judicial service. The achievements of one-stop solution and smart court development are integrated and applied in people's courts. The one-stop service, being equal and inclusive, convenient and efficient, and intelligent and targeted, offers more convenience for people to solve conflicts and disputes and realize justice. Thank you.

CNR: 

We have found in many interviews that some victims in criminal cases or in civil cases were dragged into financial difficulties because those criminal defendants or tortfeasors could not afford compensation. As a result, they need help from the state judicial assistance. As such, what new progress has been made regarding the scope of the assistance and measures over the past decade? What steps are expected to be adopted to ensure more applicants can get the help? Thank you.

Tao Kaiyuan:

Thank you for your questions and your concern about judicial assistance. I'd like to answer your questions, as I'm responsible for the work regarding state compensation jurisdiction and judicial assistance.

Judicial assistance serves as human rights guardian to help those most in need. The third plenary session of the 18th CPC Central Committee decided to improve the state judicial assistance system. Then, the fourth plenary session of the 18th CPC Central Committee decided to enhance such systems further. Against this background, the SPC established a working group to improve the state judicial assistance system in 2014, adopting a series of measures to ensure the implementation and efficiency of the reforms and deployments made by the CPC Central Committee.

First, the assistance targets have been specifically identified, so we have clarified who is eligible to obtain the judicial assistance. We have issued working guidance for the people's courts to strengthen and regulate state judicial assistance. We have made it clear that people struggling with difficulties can obtain judicial assistance if they are as follows: those who are victims, informants, witnesses, and forensic appraisers of criminal cases; the party seeking alimony and child support; those who suffered injuries in civil cases, such as traffic accidents. 

Second, a "unified" working mechanism has been established in terms of six aspects. We have incorporated judicial assistance cases into judicial procedures to ensure that the cases can be admitted in a unified manner and made sure that the judicial assistance practices are unified in terms of scope, procedures, standards, fund guarantee measures, and fund distribution. We have thereby solved such problems as vague separation of duties, complicated procedures, and different standards which used to exist in judicial practices before reforms. As such, we can ensure that relief funds can be distributed in a more targeted and efficient manner to those involved in litigations with difficulties. 

Third, judicial assistance cases have been handled in a more regulated procedure. The SPC has released regulations on procedures and document style for the people's courts while handling judicial assistance cases, which have provided detailed regulations on all steps while handling a case, including case filing and admitting, case handling, the ruling, and funds application and distribution. Moreover, specific deadlines have been made for each step. Thanks to all these efforts, judicial assistance has become remarkably efficient. 

Going forward, the people's courts will uphold the people-centered development philosophy and improve the judicial assistance system. We will ensure that cases related to judicial assistance can be addressed in a high-quality and efficient way to make sure that judicial assistance can play its protective role in helping those most in need. Thank you. 

People's Daily Online:

We notice that some prominent concerns of the people, such as the protection of rights of laborers, women, and children, have been included in the people's courts' annual major tasks. Can you detail some specific judiciary services and guarantee the people's courts will offer? Thank you.

He Xiaorong:

I will take this question. Public wellbeing is the most significant test of political efficacy and the greatest concern of the people and all walks of life. Since the 18th CPC National Congress, the people's courts have always observed the people-centered philosophy and constantly improved judiciary guarantee for people's wellbeing. Various civil cases were adequately settled, and a series of judicial interpretations and policies were issued. This way, people genuinely feel that fairness and justice are close by.

First, we have worked to ensure our people live in peace and contentment. Since the 18th CPC National Congress, we have handled more than 36 million civil cases covering education, employment, healthcare, and housing in accordance with the law. We also rolled out judicial interpretations on issues ranging from food and drugs, and consumer rights protection to labor disputes and medical malpractice, nourishing the public sense of liability and consciousness to respect procedures, rules, and contracts. Next, the people's courts will fully exercise jurisdiction, serve the high-quality social and economic development and protect the rights of consumers based on law. We will implement the "four strictest requirements"- the strictest standards, the strictest supervision, the strictest punishment, and the strictest accountability - to ensure people's "safety on the tongue." We will formulate judicial policies regarding new business formats, safeguard laborers' legitimate rights and interests and promote sound and orderly development of the platform economy. 

Second, we worked to protect people's personality rights. We issued a judicial interpretation on facial recognition, unified personal injury compensation standard in urban and rural areas. We adopted the causes of action regarding equal rights to employment and dispute over liability for damage caused by sexual harassment. Cases of injunction on personality right infringement and employment discrimination against graduates over gender or locality were subject to legal procedures. Next, we will formulate a judicial interpretation of the article of tort liability of the Civil Code, enhance privacy and personal information protection, and punish cyber infringements in accordance with the law. 

Third, we worked to protect people's property rights. We issued a judicial interpretation of the article of property rights of the Civil Code. We handled typical cases such as installing elevators in old residential buildings and people who forcibly live off their parents losing their right to habitation, which protected the public's legitimate rights. Next, we will intensify judicial protection for property rights, energize mass innovation and entrepreneurship, and process cases such as land acquisition compensation in accordance with the law. We will contribute our share to the national drive for rural vitalization and new urbanization by protecting the legitimate rights of former rural residents who now hold urban residency. 

Fourth, we worked to promote the cultivation of family virtues. We promulgated judicial interpretations of the Civil Code's laws on marriage, family, and inheritance and severely punished the trafficking of women and children. We heard cases of divorcing spouses seeking housework compensation and issued nearly 11,000 personal protection orders to fight against domestic violence. Next, we will advance the reform of family courts and formulate a judicial interpretation of personal protection orders to explain such cases' standard of proof and criminal penalties over violations. Through these efforts, the legitimate rights and interests of women, children, and the elderly will be safeguarded. 

Fifth, we worked to advocate core socialist values. We nourished integrity and promoted truthfulness, kindness, and beauty, and spoke against hypocrisy, villainy, and ugliness through the law-based trial of cases like infringements of reputation and honor of the Five Heroes of Langya Mountain and academician Yuan Longping, a man occupied sleeping berth in a high-speed train filing lawsuit against media supervision, and a scalper claiming compensation for injury while escaping from security staff. Next, we will further integrate core socialist values into judicial policy and adjudication and cultivate adjudication-oriented rules and rule-oriented social conduct. Thank you.

Chen Wenjun:

Last question, please.

Legal Daily:

Over the past decade, we have witnessed continuous changes in the litigation mode. The development of smart courts has brought some digital benefits to people. Can you talk about in what ways the integration of judicial work and digital technologies has brought convenience to the people? Thank you.

Yang Linping:

I will take this question. The reporter's question is a significant issue regarding the deep integration of science and technology and the rule of law as well as serving the people. In the digital era, modernization could not be achieved without digitalization. Since the 18th CPC National Congress, the people's courts have thoroughly implemented Xi Jinping Thought on Building China's Strength in Cyberspace, seized the great opportunity of launching the Digital China Initiative, and concentrated on the goal of "working to ensure that the people feel fairness and justice prevails in every judicial case," and taken deepening the reform on the judicial system and the building of smart courts as the two wings of a bird or the two wheels of a cart for the development of the people's judicial cause. Smart courts that enable online handling of all business, whole-process public disclosure by law, and all-around intelligent services have been built. The mode of internet-based justice with Chinese characteristics has been set up. The mode of trial and enforcement has been totally reshaped. All these efforts have effectively promoted fairness and justice and brought great convenience to the people, mainly reflected in three aspects.

First, online services have effectively enhanced people's sense of judicial fulfillment. The people's courts have made solid efforts to implement the people-centered development philosophy. They have built the online services platform of the people's courts, which covers courts at four levels and provides one-stop litigation services, including online mediation, electronic document delivery, and entrusted examination. People can get access to whole-process litigation services on cellphone applications. Instead of making nearly six trips to the court to complete a lawsuit in the past on average, now a litigant need only make one or two trips or even no trip at all. There are 78,000 organizations and 320,000 mediators on the mediation platform of the people's courts, with 51 disputes successfully resolved online every minute. In this way, people's litigation rights are protected effectively and conveniently in accordance with the law, relieving burdens on the people of filing lawsuits. The big data platform dynamically collected the information of cases and released judicial statistical statements regarding hot issues such as high-rise littering, telecom fraud, and online shopping disputes to respond to the people's concerns and advance social governance. Four platforms for the openness of judicial process information, court trials, judgments, and enforcement information have been established. An open, dynamic, clean, and convenient mechanism of transparent justice has been developed, enabling people to feel fairness and justice in a visible way.

Second, handling cases through online channels has significantly improved the efficiency of realizing justice. The in-depth application of the internet, AI, and blockchain technology has been promoted in trials. Judicial assistance systems such as speech recognition in trials and accurate push of laws and similar cases have improved the efficiency of trials by over 20%. This has made it more efficient and convenient for people to resolve disputes and achieve fairness and justice. At the stage of enforcement of judicial decisions, smart courts have played an indispensable role in basically resolving difficulties in the execution of court rulings. The most challenging part of enforcement is person and property searching. Smart courts have fully utilized the capabilities in person and property searching, seizure and freezing, punishment against bad-faith acts, and online auctions, and brought people a true sense of gain. I would like to take a set of figures as an example. The total amount of funds frozen through the information monitoring network has exceeded 2 trillion yuan. Online judicial auctions alone have saved 61.9 billion yuan in commissions for the parties. Smart courts have ensured that trial and enforcement are carried out without interruption amid the COVID-19 epidemic. Although the epidemic has affected people's life, we have managed to deliver our work.

Third, the model of internet-based justice has been leading the world. Internet courts in Beijing, Hangzhou, and Guangzhou have acted as pathfinders of internet-based justice and set exemplars of resolving new types of disputes in the digital era through trials of a series of the internet–related cases with the significance of rules setting. The SPC has introduced the "Three Major Rules" of online litigation, online mediation, and online operation of the people's courts. It has taken the lead in issuing opinions of the SPC on strengthening blockchain applications in the judicial field. China's internet-based justice has developed from being a world leader in technology to the world leader in rule setting. Property rights and human rights have been protected by rules in accordance with the rule of law, demonstrating that democracy, the rule of law, fairness, and justice are delivered.

Smart courts and the mode of internet-based justice are the vivid practice in the digital era of the principle that the people's courts are for the people. Digital technology has empowered judicial work, improved judicial efficiency, and brought convenience to the people, enabling the people to better enjoy the benefits of digital justice in the digital era.

Chen Wenjun:

Thank you to the four speakers and friends from the media. Today's news conference is concluded. Goodbye.

Translated and edited by Wang Yiming, Wang Wei, Zhang Jiaqi, Ma Yujia, Zhang Rui, Zhang Tingting, Wang Yanfang, Duan Yaying, Liu Qiang, Cui Can, Gong Yingchun, Huang Shan, He Shan, Xu Kailin, Yang Xi, Liu Sitong, Li Huiru, David Ball, Tom Arnsten, and Jay Birbeck. In case of any discrepancy between the English and Chinese texts, the Chinese version is deemed to prevail.