Sui Zhong Fa [2020] No.78
Notice of Guangzhou Intermediate People's Court on Issuing the Opinions on the Implementation of the Judge Liaison Working Mechanism of Answering Immediately After Receiving Requests and Processing Immediately After Receiving Work Orders
To all primary courts and all departments of this Court,
These Opinions on the Implementation of the Judge Liaison Working Mechanism of Answering Immediately After Receiving Requests and Processing Immediately After Receiving Work Orders have been approved by the leadership of this Court and are hereby printed and distributed to you, please implement it carefully.
Guangzhou Intermediate People's Court
May 15, 2020
Opinions on the Implementation of the Judge Liaison Working Mechanism of Answering Immediately After Receiving Requests and Processing Immediately After Receiving Work Orders
To thoroughly implement the new requirements for justice for the people, justice for the convenience of people and justice favorable to the people, unblock access to judicial information for the parties, promote judicial services and information disclosure, further enhance the people's sense of gain and judicial satisfaction, deepen judicial openness, and continuously improve judicial credibility, these Opinions are hereby formulated in combination with the practice of the courts in our city.
I. General Provisions
1．Guiding ideology. Under the guidance of Xi Jinping's socialist ideology with Chinese characteristics in the new era, we should carry out the people-centered development concept, strive to meet the people's diversified needs for judicial trial and litigation services, promote the renewal of litigation service concept, the reform of judge liaison mechanism, and the innovation of trial work system. We will comprehensively build a processing immediately after receiving work orders system of intensity and efficiency, convenient for and favorable to the people, city-wide unlocking, immediate receipt and transfer and quick investigation and handling for the people/demands, and strive to make the people feel fair and just in every judicial case.
2．Work objectives. We will fully implement the judge liaison working mechanism of "answering immediately after receiving requests" and "processing immediately after receiving work orders" to ensure that people's demands are processed with zero delay, zero backlog, full implementation and full feedback. We will strive to achieve a timely acceptance rate of 100%, a judge liaison rate of 100%, and a timely completion rate of 100%, to achieve timely response to people's demands and immediate answer to requests and processing of applications, and improve the accuracy, cooperativity and effectiveness of litigation service, and enhance the people's sense of identity in justice and satisfaction to the service with "quick" online answer and "warm" online service.
3．Basic principles. We should insist on the people-centered philosophy of development, take the initiative to comply with the people's new expectations for judicial justice, actively respond to the people's new needs for fairness and justice, increase justice convenient for, favorable to and benefiting the people. We should adhere to problem orientation, focus on prominent contradictions, promote the resolution of key issues such as "difficulties in case inquiry", "difficulties in contacting judges" and "difficulties in answering calls", further standardize judicial acts, deepen judicial openness, and form a new litigation service model that meets the municipal conditions and reflects judicial style. We should also insist on resource aggregation, optimize multiple online contact service mechanisms, integrate online litigation service platforms, online president's mailboxes, online requests, online complaints and reports, and other online contact matters, and improve the level of refined and scientific service.
II. Operating Mechanism
4．"Answering immediately after receiving requests". The staff of the litigation information service platform should collect and integrate various litigation service requests made by the parties, centralize registration, classify processing, preliminarily screen and determine the extent of difficulty of litigation service matters involved in the request, and carry out "separation between complicated cases and simple ones", which is divided into summary procedure and ordinary procedure. The general matters which apply the summary procedure, such as case inquiry, lawsuit consultation, issue of lawsuit documents, receipt and transfer of materials, receipt of opinions and suggestions, etc., should be quickly accepted, responded and finished by manual or electronic means to ensure that the lawsuit service requests which could be replied directly can be accepted and handled immediately.
5．"Processing immediately after receiving work orders". For other lawsuit service requests that involve in the facts of cases, application of law or the contents of substantive trial, or the staff of the litigation information service platform is unable to satisfy the demands of the parties so that the parties request presiding judge or other departments to handle, and a work order should be sent to the presiding judge or the personnel of other departments through the "litigation service information platform". The case undertaking department and the corresponding trial team, the personnel of other departments should finish it within the time limit in strict accordance with the Measures of Administration of Litigation Information Service Works by the Courts in Guangzhou (for Trial Implementation), to ensure focus on attention and solving of complex matters to effectively improve quality and efficiency.
6．Open channels. The judge liaison channel of "hall, machine, network, hotline and micro" should be improved. In addition to making direct contact with the judge, the parties could also make a request for liaison with judges through the litigation service hall, wall-mounted inquiry machine, litigation service integrated machine, Guangzhou trial network, 12368 litigation service hotline and Guangzhou micro court, etc., to promote the "on-site handling", "online handling", "handheld handling", "booking handling" and "smart handling" of judge liaison. The parties may complain by calling 12368 hotline if they could not contact a judge through the hall, website, WeChat and intelligent terminal.
7．Active push. We should actively push the node information of the trial process, such as the extension of the time limit of trial, information of deduction, information for transfer of appeal case files, archiving information, information of effective judgment documents, etc., to the parties and lawyers through the litigation information service platform, establish a new mode of intelligent litigation service covering the whole process of litigation, improve judicial transparency, effectively guarantee the right to know, participation rights and supervision rights of the parties and lawyers, and reduce the demand of judge liaison at source.
8．Node supervision. Litigation information service platform will give an early warning to an undertaking unit or department and its staff if it fails to reply to text messages within the time limit, and transfer to the supervision process. If the undertaking department or personnel has not replied for more than three (3) business days, the service platform will automatically send the information sent by the parties to the department leader for supervision; if it has not replied for more than two (2) business days, the service platform will automatically send the information sent by the parties to the deputy president for supervision; if it has not replied for more than two (2) business days, the service platform will automatically send the information sent by the parties to the president for supervision. Where no reply on the litigation information handled by a primary court is made to the parties within eight (8) business days, the service platform will automatically send the information sent by the parties to the president of Guangzhou Intermediate People's Court for supervision.
9．Designated contact. Each department of this Court and the litigation service department of each primary court shall appoint its department leader to act as the liaison officer of the litigation information service platform, who is responsible for the response to the litigation information service work in its department or jurisdiction, and the guidance and supervision of handling, and make a timely urge, rectification or feedback for the liaison matters that are replied over the time limit, unresolved for a long time, and replied with improper content or means. The relevant information (name, position, office telephone, mobile phone number) of the liaison officer shall be submitted to the Case Filing Chamber of Guangzhou Intermediate People's Court for registration and filing, and shall be published on the corresponding platform. Any change in the contact telephone number of the liaison officer or the change of the liaison officer shall promptly be reported to the Case Filing Chamber for record.
10．Emergency warning. The liaison judge, the staff of litigation information service platform and the liaison officer should enhance early warning, pre-judgment and prevention of various potential risks and the emerging and tendentious information of important sensitive incidents found in the course of communication and interaction with the parties, and handling of matters, and report major emergencies to the Case Filing Chamber of Guangzhou Intermediate People's Court at any time, and deal with them in a timely and safe manner according to law, and form a closed-loop early warning mechanism of "taking work orders - checking - judging - handling - feedback" to effectively prevent and reduce the occurrence of extreme events and negative public opinion.
11．Handling before demand. The Case Filing Chamber of Guangzhou Intermediate People's Court should establish a special standing book for litigation information service platform, compare the data of service acceptance automatically generated by the platform and the data of case handling extracted by the trial business system, comprehensively analyze various information, such as the amount of acceptance, the proportion of cases, the type of problems in centralized reflection, handling situation, etc., comb the classified processing list, and analyze and judge regularly every month. Relying on the data, the Case Filing Chamber should accurately grasp the running situation of the judge liaison work, collect and reflect the main problems in the work in time, promote the rectification and reform of key links, find out the problems before the people make their demands, deal with the problems in advance, and promote the formation of the active governance pattern of "handling before demand", so as to provide effective support for perfecting the mechanism of the judge liaison work.
12．Feedback and briefings. The Case Filing Chamber of Guangzhou Intermediate People's Court should establish a monthly mechanism to report monthly the basic situation of the city's court litigation service information platform and the completion of the requests of parties, and announced it in the two-level courts. The typical hot, difficult and key issues that are related to case process management and trial business management and reflected in the judge liaison work should be summarized to the Trial Management Office of Guangzhou Intermediate People's Court for special research and supervision. The contents of the disciplinary work style, such as the implementation of the judicial accountability system, the daily management of police officers and the unhealthy trend of justice, etc., should be summarized to the Discipline Inspection and Supervision Office of Guangzhou Intermediate People's Court for supervision and rectification.
III. Safeguard and Supervision
13．Responsibility system of chief leader. The city's courts should regard the judge liaison work as a "chief leader" project, make clear the divided responsibility system of the overall responsibility of president, the personal responsibility of deputy president and the direct responsibility of the department leaders, implement responsibilities at all levels, firmly establish the idea of "one game of chess" in the whole court for the liaison judge work, to achieve the synergistic advance of all departments, the implementation of high-level promotion and the rectification of up and down linkage.
14．Topical discussion. We will continue to put the judge liaison work on the agenda of the party group or the arrangements of the president's meeting, strengthen the organization and leadership, listen to relevant work reports in a timely and specialized manner, and strengthen research and deployment on key and outstanding issues in the light of the execution of the trial, supervise and resolve relevant matters within a specified time limit, and "look back" on an irregular basis, and continue to build a judge liaison work mechanism of "checking and rectifying, clearing problems and continuously optimizing".
15．Information update. Any change in the telephone number and the personnel of a primary court or a department of this Court shall be informed to the Technology and Information Division of Guangzhou Intermediate People's Court within five (5) business days upon change. The Technology and Information Division shall publish new personnel and telephone number in corresponding information platform within two (2) business days upon receipt of the change to ensure timely information update and smooth communication and liaison.
16．Supervision and assessment. We should strengthen the daily assessment, and include the handling of the judge liaison work in the assessment and evaluation system, as an important basis for evaluation of judge's compliance with work discipline, performance of duties according to law, for selection of advanced individual and excellent employee, and for promotion. The Case Filing Chamber of Guangzhou Intermediate People's Court should be mainly responsible for the supervision, inspection, management and report of the handling of litigation service information in the courts in the city, and rank the units and departments according to the handling indicators, and publicize the courts and departments that are lagging behind in handling, and, if necessary, deputy president of Guangzhou Intermediate People's Court should hold an interview meeting to directly urge and supervise the courts and departments that are not up to the standard and have a lower ranking.
17．Accountability. We should strictly implement the accountability system for first handling, and carry out special supervision over seeking pretext to prevaricate, deal with or delay, or simply rough perfunctory handling, failure to timely accept, failure to handle on time, failure to reply seriously, omission or delay in handling, and the repeated complaints by the parties. The actual problems that have not been resolved after the supervision and resulted in serious consequences should be forwarded to the discipline inspection and supervision department for supervision, investigation, examination and accountability by law and for prosecution of relevant personnel and department.
IV. Supplementary Provisions
18．Where a primary court or a department of this Court finds any problem for improvement in the implementation of these Opinions, it shall promptly report to the Case Filing Chamber of Guangzhou Intermediate People's Court.
19．These Opinions shall take effect from the date of issuance, and the power of interpretation shall be vested in the Case Filing Chamber of Guangzhou Intermediate People's Court. If relevant provisions previously issued by this Court are inconsistent with these Opinions, these Opinions shall prevail.