关于深入推进社会主义核心价值观融入裁判文书释法说理的指导意见
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In order to thoroughly implement the CPC Central Committee on the further integration of socialist core values into the rule of law, the correct implementation of the Civil Code, give full play to the rules of judicial adjudication in national governance, social governance and value-oriented role, to further enhance the credibility and authority of judicial adjudication, and strive to achieve the value of wealth and strength, democracy, civilization, harmony, and strive to pursue freedom, equality, the The value of justice, the rule of law, efforts to practice patriotism, dedication, integrity, friendly values, combined with the actual work of the trial, is to put forward the following views.
First, the in-depth promotion of socialist core values into the interpretation of the law in the judgment documents, should adhere to the following basic principles.
(A) the combination of the rule of law and moral governance. To Xi Jinping thought of socialism with Chinese characteristics in the new era as a guide, the implementation of Xi Jinping thought on the rule of law, faithful to the Constitution and laws, the organic combination of legal evaluation and moral evaluation, in-depth interpretation of laws and regulations embodied in the national value objectives, social values and civic value guidelines, to achieve the rule of law and moral governance complement each other, complement each other.
(2) People-centered. Judgment documents to explain the law should actively respond to the people's new requirements and expectations for fair justice, accurate clarification of the facts, detailed explanation of the legal reasoning, and actively explain the feelings, and strive to reason, and constantly improve the people's satisfaction with judicial decisions, to judicial justice to lead social justice.
(C) the organic unity of political, legal and social effects. Based on the times, national conditions, culture, comprehensive consideration of the law, reason, emotion and other factors, strengthen the role of the socialist core values of guidance, and constantly improve the legal identity, social identity and emotional identity of judicial decisions.
Second, people's courts at all levels should promote the integration of socialist core values into the interpretation and reasoning of adjudication documents, take socialist core values as important guidelines for understanding the purpose of legislation and legal principles, and as important criteria for testing whether discretionary power is exercised reasonably, so as to ensure accurate determination of facts and correct application of the law. For cases where the results of adjudication are value-led oriented and behavior-regulating, judges should strengthen the use of socialist core values to explain and reason, effectively play the function of judicial adjudication in national governance and social governance of regulation, evaluation, education and leadership, establish rules of behavior with fair adjudication, and cultivate and promote socialist core values.
Third, the people's courts at all levels should adhere to the facts as the basis, the law as the criterion. In the interpretation of the law, should be the focus of the dispute, according to the court evidence, cross-examination, court debates and legal investigations, combined with the core socialist values, focusing on the process and reasons for the determination of the facts and application of the law.
Fourth, the following cases of adjudication documents, should strengthen the use of socialist core values to explain the law.
(1) cases involving national interests, major public interests, and widespread social concern
(2) Cases involving epidemic prevention and control, rescue and disaster relief, protection of martyrs, righteousness and courage, self-defense, emergency evasion, helping people, etc., which may trigger social moral evaluation
(iii) cases involving the elderly, women, children, the disabled and other vulnerable groups, as well as the protection of special groups, where there is a large dispute between the parties to the litigation and may cause widespread social concern.
(D) involving public order and morality, customs and traditions, equality of rights, ethnicity and religion, etc., the parties to the lawsuit have a large dispute and may cause widespread concern in society
(E) involving new situations, new issues, the need for in-depth interpretation of legal provisions, judicial policies, etc., to lead the social trend and establish value-oriented cases.
(F) other cases that should strengthen the use of socialist core values to explain the law.
(5) If there are normative legal documents as the basis for adjudication, the judge should first explain the relevant provisions of the normative legal documents in conjunction with the circumstances of the case, and then use the socialist core values to further clarify the legal connotation, clarify the legislative purpose, and discuss the reasons for adjudication in conjunction with the original intent of the law.
In civil and commercial cases without normative legal documents as the direct basis for adjudication, in addition to the application of custom, judges should also take the most similar legal provisions as the basis for adjudication, using socialist core values as a guide; if there are no most similar legal provisions, judges should make judicial decisions according to the spirit of legislation, legislative purpose and legal principles, and fully use socialist core values in the adjudication documents to elaborate the basis and reasons for adjudication.
If the case involves multiple values, the judge shall judge, weigh and choose according to the spirit of legislation, legal principles, legal provisions and socialist core values, determine the value orientation applicable to the case, and elaborate the basis and reasons in the adjudication document.
If the public prosecutor, the parties, the defense, the litigation agent in criminal proceedings and the parties, the litigation agent in civil and administrative proceedings invoke the socialist core values in the litigation documents or in the court hearing as the reasons for the litigation, the people's court shall generally respond to them by means of oral feedback and explanation in the court hearing, etc.; in the cases specified in Article 4 of this opinion, the people's court shall clearly respond to them in the adjudication documents.
Nine, in-depth promotion of socialist core values into the interpretation of the law in the adjudication documents should be the correct use of interpretation methods.
(a) the use of contextual interpretation methods, accurate interpretation of the legal provisions contained in the spirit of the core socialist values, fully explain the core socialist values in the case of the inherent requirements and specific context.
(2) Apply the method of system interpretation, link the legal provisions with the socialist legal system with Chinese characteristics and the socialist core value system, comprehensively and systematically analyze the connotation of the legal provisions, and correctly understand and apply the law.
(3) Use the method of purpose interpretation, take the direction of social development and legislative purpose as the starting point, play the value of purpose interpretation, make the interpretation of the law consistent with the legislative purpose and the spirit of the law.
(D) the use of historical interpretation, combined with the current level of social development, reasonable judgment, effective balance between the political, legal and social effects of judicial decisions, to promote social stability and sustainable development.
Ten, the interpretation of the law should use simple and clear, easy to understand language, simple and simple, rich rhetorical arguments, enhance the language and the acceptance and recognition of the interpretation of the law.
Eleven, the people's courts should explore the establishment of strengthening the use of socialist core values to explain the case identification mechanism, the filing department, the trial department, as well as the president, the president of the court should strengthen the review of the main body of the case, the litigation request and other elements, timely identification of the key cases to strengthen the use of socialist core values to explain the law, and the organic connection with the trial power constraints and supervision mechanism.
Twelve, the people's courts should conscientiously implement the "Supreme People's Court on the unified application of law to strengthen the guidance of class case search (for trial)" "the Supreme People's Court on improving the standard work mechanism of unified application of law" and other relevant requirements, unified application of law to ensure consistency in the use of socialist core values interpretation of law in similar cases.
Thirteen, for the cases stipulated in Article 4 of this opinion, according to the relevant provisions of trial management, need to submit to the professional judges meeting or trial committee for discussion, the judge should focus on the use of socialist core values to explain the views of the law.
Fourteen, the people's courts at all levels should regularly organize business training for judges, combining business training with the implementation of the Civil Code, insisting on learning legal knowledge, business skills and socialist core values, enhancing the enthusiasm and conscientiousness of judges to use socialist core values to explain the law and reasoning, and constantly improving the ability of judges to explain the law and reasoning.
Fifteen, the people's courts through China's judicial documents network, "legal letter" platform, 12368 litigation service hotline, China's digital service system of applied jurisprudence, the President's mailbox, etc., carefully collect, listen to the public's opinions and suggestions on the judicial documents, explore the use of big data for integrated analysis, maximize the understanding of the public's feedback on the judicial documents, and take measures to improve.
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