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SPC Issues Guiding Opinions on Working Mechanism of Presiding Judge Meetings


[CLI Code] CLI.N.93364(EN) 

  • Lately, the Supreme People's Court (SPC) issued the Guiding Opinions on Improving the Working Mechanism of Presiding Judge Meetings of the People's Courts (for Trial Implementation).
  • 日前,最高人民法院印发《关于健全完善人民法院主审法官会议工作机制的指导意见(试行)》。
  • According to the Opinions, the working mechanism of the presiding judge meeting can be established within a single trial department or across trial departments or trial teams; attendees at such meetings include judges within the quota of the court, and experts and scholars, deputies to the people's congresses, members of the CPPCC National Committee and other relevant persons may be invited to participate when necessary. All trial departments and circuit courts of the SPC and local people's courts should formulate detailed working rules as actually needed, and establish working mechanism of the presiding judge meetings with flexibility.
  • 《意见》提出,主审法官会议工作机制既可以在审判部门内部建立,也可以跨审判部门、审判团队建立;参会人员既包括本院员额法官,也可以根据需要邀请专家学者、人大代表、政协委员等相关人员参加。最高人民法院各审判业务部门、各巡回法庭和地方各级人民法院应当根据自身实际制定工作细则,灵活设置主审法官会议工作机制。
  • The Opinions clarify that, except for four types of cases in which the court presidents and division chiefs should perform their trial supervision management duties, a collegial panel or a sole judge should independently decide whether to submit the case to the presiding judge meeting for discussion; the collegial panel or the sole judge in charge of hearing the case makes an independent decision on whether to adopt the opinions formed after discussion at the presiding judge meeting, and should be responsible for final results concluded for this case; the meeting minutes formulated at the presiding judge meeting through discussion on the case, and the performance of trial supervision and management duties by court presidents and division chiefs should be recorded throughout the whole process in case files and the platforms for handling cases; and all personnel attending the presiding judge meeting have the legal obligation to keep the trial secrets, among others.
  • 《意见》明确,除院庭长行使审判监督管理权的“四类案件”外,应当由合议庭或者独任法官自主决定是否将案件提交主审法官会议讨论;审理案件的合议庭或者独任法官独立决定是否采纳主审法官会议形成的讨论意见,并对案件最终处理结果负责;主审法官会议讨论案件形成的会议记录,以及院长、庭长履行审判监督管理职责的情况应当在案卷和办案平台上全程留痕;出席主审法官会议的人员均负有保守审判秘密的法律义务等。
  • In addition, the Opinions also provide for the procedures for proposing the convening of the presiding judge meeting, rules of procedure for the meeting, and centralized management mechanism of the meeting, among others.
  • 此外,《意见》还对主审法官会议提请召开程序、主审法官会议议事规则、主审法官会议的归口管理机制等方面做出规定。
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