On February 27th, the Supreme People's Court held a press conference, announcing that the case database of people's courts was officially launched and opened to the public. The public can check it after registering and logging in. What kind of service will the case database provide to the public?What is the difference between it and the cases published in China Judgment Document Network? Will China Judgment Document Network be closed? At the press conference, the relevant person in charge of the Supreme People's Court responded to these questions.
The Supreme People's Court introduced that in order to solve the problems of irregular, untimely, unsystematic, inconsistent and difficult retrieval of case guidance,and better meet the diversified judicial needs of all sectors of society and the people,the Supreme People's Court decided to build a case library of the people's courts.Today,the people's court case database is officially launched and opened to the public.The website of the People's Court Case Library is www.rmfyalk.court.gov.cn , or you can directly click on the icon of "People's Court Case Library"on the homepage of official website,the Supreme People's Court.
The case database of the people's court contains authoritative cases that have been examined and approved by the Supreme People's Court and have reference and demonstration value for similar cases, including guiding cases and reference cases. The construction of the people's court case database, through the unified examination and control of the Supreme People's Court, compiles authoritative cases with reference and demonstration value for handling similar cases, and gradually covers all kinds of causes of action and charges, and all kinds of difficult and complicated legal application issues, which can provide more authoritative, standardized and comprehensive guidance for judges to handle cases. The Supreme Law requires that a judge must search and consult the case database when trying a case, and make a judgment with reference to similar cases in storage. This is undoubtedly of great significance for promoting the unification of the rules and standards of adjudication. avoiding" different judgments in the same case" and ensuring the correct and unified application of the law.
The opening of the case library of the people's court to the society will help the people to learn and apply the law better through vivid cases, enhance their legal awareness, understand the boundaries of behavior, and strengthen self-protection; After a dispute occurs, we can learn about the rules of adjudication and predict the outcome of litigation with the help of similar authoritative cases that have come into effect, thus reducing unnecessary prosecutions, appeals and appeals. With the help of authoritative cases, various mediation organizations can also better guide and persuade the parties and promote mediation as much as possible. This can have the effect of "publishing a case and educating one piece" and truly implement "grasping the front end and treating the disease before it happens". The opening of the case library of the people's court to the society will help the people to learn and apply the law better through vivid cases, enhance their legal awareness, understand the boundaries of behavior, and strengthen self-protection; After a dispute occurs, we can learn about the rules of adjudication and predict the outcome of litigation with the help of similar authoritative cases that have come into effect, thus reducing unnecessary prosecutions, appeals and appeals. With the help of authoritative cases,various mediation organizations can also better guide and persuade the parties and promote mediation as much as possible. This can have the effect of "publishing a case and educating one piece" and truly implement "grasping the front end and treating the disease before it happens".
China Judgment Document Network will not be closed, which is complementary to the case base of the people's court.
The Supreme People's Court said that he attaches great importance to judicial disclosure, earnestly increases the publicity of judgment documents, continuously optimizes the publicity mechanism of judgment documents, and continuously improves the publicity quality and effectiveness of judgment documents. While continuing to run and optimize the China Judgment Document Network, we should build a case database of people's courts, which contains reference cases with standardized style, complete elements and easy retrieval, which not only provides more accurate and authoritative reference and research materials for the vast number of judicial and legal professionals, but also effectively responds to the people's practical needs for deeper judicial openness. It can be said that the case base of the people's court is a new type of judicial supply" and "legal product" for demand-side innovation.
At present,3711 cases have been put into the people's court case database.
According to statistics,3711 cases were put into the people's court case database. Among them, there were 1453 criminal cases, accounting for 39.15%; There were1643 civil cases, accounting for 44.27%; There 405administrative cases, accounting for 10.91%; There are 23 cases of state compensation, accounting for are 0.62%; There were 187 enforcement cases, accounting for 5.04%.
The first batch of warehousing cases have the following characteristics:
(1)The "full coverage" of common crimes and frequent causes of action has been basically realized. Common crimes such as theft, letter-aiding, fraud, intentional injury, and drug crimes, as well as large-scale cases such as private lending disputes, marriage and family disputes, and motor vehicle traffic accident liability disputes, have all included a number of warehousing cases. It can be said that although the total number of cases stored in the case database is still relatively limited, it can basically meet the needs of judicial practice in guiding the handling of common cases and dealing with common legal application issues.
(2)Pay attention to the requirements of "serving the overall situation and serving the people's justice". A number of cases that are conducive to promoting high-quality economic and social development have been compiled, such as cases of private enterprise property rights and entrepreneur rights protection, cases of enterprise compliance involved, and cases of intellectual property protection. In response to social concerns, a number of cases related to people's livelihood have been compiled, such as cases of punishing cyber violence and telecommunication network fraud, cases of maintaining food and drug safety, cases involving bride price return disputes, and various labor disputes. In order to highlight the judicial protection of special groups such as the old and the young, the case database also has special columns such as" cases involving the protection of the elderly" and "cases involving the protection of minors".
(3)Attach great importance to the freshness and timeliness of warehousing cases. Give priority to recent cases. For example, in December last year, the "two high schools and two departments" issued the "Opinions on Handling Criminal Cases of Drunk Dangerous Driving", which made new provisions on the conviction and sentencing standards of drunken dangerous driving crimes and the application of relevant laws. To this end, the case database specially includes a number of drunk driving cases that are tried with the latest opinions, so as to ensure that the cases stored in the database are not out of date and can effectively play the role of guiding trial sand serving the society.
The case base will timely supplement new cases, clean up and replace outdated cases.
The Supreme People's Court said that although the current warehousing cases have achieved full coverage of common crimes and multiple causes of action, there is still a big gap compared with the construction goal of "covering all kinds of crimes and causes of action, and there will be corresponding cases for different legal application issues under the same crime and cause of action". Moreover, with the continuous development of economy and society and the introduction of new laws and judicial interpretations, there are bound to be many new legal issues that need to be clearly applied, and new cases need to be supplemented in time to cleanup and replace outdated cases. Therefore, the construction of case base is bound to be a long-term dynamic process. It can be said that "only when it is in progress and not completed", the Supreme People's Court will continue to do this major project with fundamental significance.