How to do a good job of discipline inspection and supervision in grass-roots courts
As the last line of defense of social fairness and justice, law is an important rule of social harmony and order, and judges are the guardians of social fairness and justice. As the old saying goes, "law is like flowing water, distinguishing right from wrong." Under this historical background, the discipline inspection and supervision organs, which are responsible for supervision in the judicial organs of the whole country, should establish the idea of keeping pace with the times, with clear themes, clear ideas and prominent priorities, so that judicial justice and judicial integrity can complement each other and truly grasp the discipline inspection and supervision work of the courts. At the same time, from the perspective of punishing judicial corruption and establishing judicial authority, strengthening court discipline inspection and supervision is also an important guarantee for the current judicial organs to improve judicial credibility and defend judicial authority. In recent years, the discipline inspection and supervision work of grass-roots courts has made great progress in leadership attention, organizational construction and system establishment, and achieved great results. However, due to the influence of traditional concepts and practices, the reform of discipline inspection and supervision has not progressed rapidly and is not suitable for the current situation. This is manifested in the way of thinking is not new enough, the work is not strong enough, the reform tactics are not in place enough, the source anti-corrosion work is not deep enough, and the supervision scope is not wide enough. Based on the practice of discipline inspection and supervision, the author talks about some superficial understanding of the current discipline inspection and supervision work of grassroots people's courts. First, the current situation of discipline inspection and supervision work in grass-roots courts (1) has unclear understanding of discipline inspection and supervision work, inaccurate positioning and backward concept. Many systems are introduced on the basis of judging whether the results are fair, and they do not pay attention to supervising whether the activities of litigation procedures are fair, nor do they see the great influence that litigation procedures may have on actual rights and obligations. In the eyes of some people and in the hearts of some comrades, there is a "prejudice" against discipline inspection and supervision. They believe that the higher the level of discipline inspection and supervision, the tighter the grasp, the more investigations, the deeper the misunderstanding, the smaller the political achievements and the greater the bad influence; Some people think that the trial is the main work of the court, and the rest are secondary. As long as the trial is done well, the discipline inspection and supervision work should not be too serious and meticulous, otherwise it will increase the ideological burden of the case handlers and affect the case handling; Some people think that the strictness of discipline inspection and supervision is not to do, do less, or even do nothing, because there will be no problem if you don't do it; Others believe that in order to cater to the will of supervisors, too much supervision often leads to unfair judgment results. All kinds of phenomena reflect that some police officers are unclear about the significance of discipline inspection and supervision, which distorts the guiding ideology of discipline inspection and supervision. (2) The division of labor between discipline inspection and supervision departments and other supervision institutions is unclear. Grass-roots courts have many supervisory functions, including supervision room, filing court and trial supervision court. Some courts have also set up case quality assessment teams. After the separation of legislative, judicial, administrative and supervisory powers, there is still the problem of supervision effect among various departments. Some give full play to the supervision and restriction function of the trial work itself, and some use administrative means to supervise the trial activities, which is out of touch with the supervision of people and things and lacks coordination and cooperation with each other. The confusion of supervision function leads to the weakening of supervision function, which makes the operation of internal supervision mechanism and the exercise of supervision power lack reasonable supporting norms. Judging from the current situation of discipline inspection and supervision in grass-roots courts, many courts only have discipline inspection and supervision leaders (directors and deputy directors), no inspectors and no soldiers. Many of them are also co-located with the political work department. Some units of the inspection team have not been established, and some have been established. It is just like giving the case quality assessment to the inspection team. There is a considerable gap between actual work and theoretical requirements. There are many problems in supervision, such as paying attention to the judgment of trial quality and judgment results, and less supervision around judges; There are relatively many supervisors, and the financial and logistics personnel are relatively loose, or simply ignore them; Check more during working hours, not even after work hours; There are many people in the hospital, and there is little supervision over going out for official business. Some courts pay more attention to letters and visits from the masses, but take the initiative to conduct discipline inspection and supervision. Some people come to the door but don't check it carefully. Put it off as long as you can, and roll with the punches. The above situation reflects that the supervision scope of discipline inspection and supervision is unclear, the responsibilities are unclear, and the work is still lack of standardization, thus affecting the fairness of the work. (3) The role of discipline inspection and supervision has not been brought into full play. As far as the actual situation is concerned, the investigation and punishment of cases of violation of law and discipline is not enough. There is a phenomenon of taking into account the feelings of advanced collectives, advanced individuals and old comrades. For the problems left over from history, I am afraid of offending the former leaders and affecting the reputation of the court. In short, the discipline inspection and supervision work is not strong enough, the investigation and punishment are not strict enough, and the problems identified are also lightly handled, especially in the trial procedure. To sum up, most of the discipline inspection and supervision work still stays on the supervision and restriction of the integrity of police officers. (four) discipline inspection and supervision business ability, organizational construction needs to be strengthened. There are only two people in the discipline inspection and supervision office of the grass-roots court, which is not suitable for the work task. In addition, they are not skilled in business, so they can only follow the procedures of hearing cases in the past, and it is very difficult to carry out their work. Especially in the reform of trial mode, in the process of changing from trial control to judge control, there are too few personnel and too heavy tasks. There are many reasons for the existence of the above four problems. I think there are mainly the following points: 1, leaders pay insufficient attention, management is lax, the system is imperfect, and education is weak. Some grass-roots courts do not pay attention to the system construction, and the management can't keep up, giving the lawbreakers an opportunity. Some lack research on the new problems and situations in the courts, lack effective management, supervision and prevention of some problems-prone links, and there is a "gap" in the system. Some have not implemented the existing system and the inspection is not in place. Some failed to educate the emerging tendency in time, which led to serious problems and affected the image of the court. 2. Discipline inspection and supervision personnel have a weak sense of responsibility. In the specific work, selfish distractions worship, afraid of offending people, afraid of problems, afraid of discrediting leaders, afraid of affecting the achievements and honor of the unit. In recent years, courts at all levels have adopted the "one-vote veto system" of clean government. Some courts smashed brands and lost labels for the sake of honor and reputation, and were unwilling to investigate and did not conduct in-depth investigations. Some are for immediate interests, standard interests and economic interests, regardless of long-term interests, overall interests and political interests. Just ask for the past, not for hard work. Make excuses for the higher-level regulations, not implementing them or not implementing them in place. On the surface, they are not implemented in fact. Second, some suggestions on discipline inspection and supervision. Where is the proper position of discipline inspection and supervision in grass-roots courts? Does strengthening discipline inspection and supervision oppose the independent trial of judges? How to understand the relationship, how to locate and how to do the work? The author thinks that the subject of trial work has gradually shifted to the judge, and the management of the court should also be transferred to the management of the judge. Then discipline inspection and supervision is the main line. By supervising the judge's behavior, we can supervise the whole process of the trial. Don't just stay in the consciousness of treating the headache and treating the foot pain, but build the discipline inspection and supervision work on the position of supervising the judge's behavior as the core and supervising the overall work of the hospital. Specifically, it is necessary to strengthen the discipline inspection and supervision work from the following aspects: (1) Correcting thoughts and renewing ideas are the guidelines for action. Facing the new challenges and requirements of discipline inspection and supervision under the new situation, we must first update our concepts. All police officers should be strictly required, educated, managed and supervised. In view of the situation of grass-roots courts, we should be close to the actual work and grasp the signs, sources, key points and keys. From leaders to discipline inspection and supervision staff, we should correctly understand the importance and necessity of discipline inspection and supervision, that is, strengthening discipline inspection and supervision is the need to promote judicial justice and efficiency, to strengthen team building, and to manage courts with systems. At the same time, it is necessary to change the police officers' misconception that discipline inspection and supervision is touching. The purpose of discipline inspection and supervision is to standardize the behavior of judges, maintain the seriousness of trial discipline and prevent the occurrence of bad behavior of judges, which is the care and love for police officers. Secondly, it is necessary to change the concept that discipline inspection and supervision are incompatible with trial work. It is necessary to realize that the supervision of discipline inspection and supervision over judges' behavior does not involve the handling of specific cases and will not cause adverse effects. On the contrary, by strengthening the supervision of judges' behavior, judges can pay attention to their own behavior and standardize their own behavior, which is conducive to judicial justice and efficiency. (2) Improve the system, change the working methods, and improve the internal discipline inspection and supervision mechanism. The existing supervision norms of grass-roots courts are not perfect, so it is necessary to sort out, standardize and improve the existing discipline inspection and supervision system, and gradually make discipline inspection and supervision enter a benign working state of systematic management, standardized operation, timely standardization and regular inspection. Strengthen the construction of discipline inspection and supervision team, scientifically set up internal institutions, equip with additional personnel, carry out professional training, and improve professional quality. 2, strengthen the disciplinary supervision of the trial behavior. The actions of various judicial departments and judges in trial activities are more subject to trial supervision and less to strict discipline, which leads to a few judges abusing their powers, seeking personal gains by cases, handling relationship cases, human cases and money cases, perverting the law and judging, damaging the image of the court and embarking on the road of breaking the law and discipline. Discipline inspection and supervision departments should focus on monitoring whether judges act in strict accordance with the law, enforce the law impartially, enforce the law honestly and abide by the law, whether there are card-grabbing law enforcement, abuse power for personal gain, engage in malpractices for personal gain, accept bribes and peddle goods, and whether there are acts of bullying the city and infringing on the legitimate rights and interests of the parties. In strict accordance with national laws and regulations and court discipline, deter individual deviants, promote case handlers to correctly implement national laws and court discipline, set an example to abide by party constitution, prevent and reduce the occurrence of cases of violation of law and discipline, and establish a good image of the people's courts as fair, efficient, civilized and honest. 3, increase the investigation and punishment of violations of law and discipline. The discipline inspection and supervision department of the court should resolutely and persistently investigate and deal with violations of law and discipline, and resolutely and thoroughly eliminate the black sheep in the court team. Because some cases are investigated by the discipline inspection and supervision office at the same level, the respondents are indifferent and have great resistance in establishing contacts. Worry and pressure forced the case handlers to lose their softness and leniency. The supervisor and the supervised are in the same unit, and the supervisor faces comrades who work in the same hospital. If they don't check, there is a question of how to evaluate the investigation objectively and fairly. What's more, after finding out the problem, instead of punishing comrades, hurting leaders and exhausting yourself, it is better to accept it and digest it internally. This kind of thinking should be put an end to in time, and violations of discipline and law should be found and investigated in strict accordance with relevant regulations; Find a person, deal with a person, and never tolerate it. We can't hope that the problem will not be exposed, but we should prevent it before it happens. It's not too late to take timely measures when problems are found. At the same time, we must resolutely support the protection of legitimate acts in judicial activities, protect judges who enforce the law impartially and are honest and clean, and deal with those who falsely accuse and frame judges and retaliate against case handlers according to law. 4. Strengthen the education and daily management of police officers. Through various forms, we should give full play to the favorable opportunity of political study, combine advanced and typical demonstration guidance with warning education of negative cases, and combine indoctrination education relying on organizations at all levels with guiding the broad masses of party member cadres to carry out self-education to enhance the educational effect. It is also necessary to strengthen the management of the police work circle, life circle, social circle and entertainment circle, and often educate the police to cherish their work, power, personal future and family happiness. (three) overall coordination, properly handle the relationship between discipline inspection and supervision. 1. Correctly handle the relationship between the discipline inspection and supervision department of the court, the party group of the court and the local discipline inspection commission. The court discipline inspection team and supervision office work under the dual leadership of the court party group and the local discipline inspection commission. The court discipline inspection team and supervision office should always take the initiative to report the situation to the court party group and the local discipline inspection commission, ask for instructions to report their work, report to the local discipline inspection commission when handling important or complex cases, and obtain the leadership and support of the court party group and the local discipline inspection commission. 2 correctly handle the relationship between trial work and discipline inspection and supervision work. Trial work is the basic work of the people's court and the focus of all the work of the court. Doing a good job in trial is inseparable from the guarantee of discipline. Practice has proved that paying attention to the trial work and neglecting discipline education will easily lead to problems in the trial work. Therefore, while doing a good job in the trial business, we must strengthen the discipline inspection and supervision work, make great efforts to build the discipline and style of the team, and ensure the normal development of the trial work with strict discipline and good style. 3. Correctly handle the relationship between education investigation and caring for police officers. The nature of discipline inspection and supervision determines that police officers who violate the law and discipline must be educated and investigated. Education and investigation is an offensive job. Some police officers don't know enough about the discipline inspection and supervision work, and think that they are "their own people are tossing their own people" and deliberately give themselves a hard time. The police officers of the court should establish a correct concept and realize that the education and treatment of the discipline inspection and supervision departments are the care and love for the police officers. Discipline inspection and supervision cadres should earnestly perform their duties, boldly manage and be strict, often correct the ideological deviation of police officers, criticize behavioral deviation, nip in the bud, and ensure that police officers do not have problems. 4 correctly handle the relationship between the discipline inspection and supervision department of the court and other departments of the court. The education work of the discipline inspection and supervision department of the court and other departments of the court has extensive overlap and intersection, and there is a very close cooperative relationship. The supervision department of the court shall, jointly with the party group and the political work department of the court, regularly educate party member cadres about the party's line, principles and policies and the party spirit, style and discipline, so as to keep party member cadres in line with the CPC Central Committee politically and ideologically. Discipline inspection and supervision departments should cooperate with the court's trial business departments, combine the court's trial execution work, take the education of the party's basic line as the main line, take various theme education activities as the carrier, closely focus on the contents of justice for the people, honest law enforcement, fair law enforcement, etc., and urge the court party member cadres to abide by the law, be honest and efficient in the trial execution activities. Page 1