SF/T 0086-2020 in English
VALIDRules of criminal legal aid case quality peer review
- Issued on:2020-12-30
- Implemented on:2020-12-30
- File Format:PDF
- Delivery:Via email within 1~3 business days
$214.00
| Standard No: | SF/T 0086-2020 |
| Document status: | VALID |
| Title in English: | Rules of criminal legal aid case quality peer review |
| Title in Chinese: | 刑事法律援助案件质量同行评估规则 |
| Language: | English |
| File Format: | Electronic (PDF) |
| Delivery: | Via email within 1~3 business days |
| Issued on: | 2020-12-30 |
| Implemented on: | 2020-12-30 |
| ICS Classification: | 03.160-Law. Administration |
| Chinese Classification: | A16- |
| Professional Classification: | SF- |
| Related Keywords: | criminal legal aid case quality
criminal legal aid cases unqualified implementation suggestions quality improvement mechanism unqualified review quality requirements |
| Related Topics: | evaluation rules
criminal law case peers quality event peer regulations criminal law evaluation rules Help peers wano and IAEA peer assessment relationship How to measure peer review quality sy/t 0086-2020 yy/t 0086-2020 sf/t 0030 yyt 0086-2020 |
本文件规定了刑事法律援助案件质量同行评估的评估方式、评估指标体系、评估规则、评估结果和案件质量改进要求。
本文件适用于司法行政部门及其设立的法律援助机构对已经办结的刑事法律援助案件组织开展质量评估工作。
Introduction
Standard Framework and Technological Evolution
As a sister version of SF/T 0085-2020, this standard establishes a quantitative evaluation system for the quality of criminal legal aid cases for the first time, and realizes industry self-regulation through the peer evaluator mechanism. Compared with Document No. 34 issued by the Ministry of Finance in 2013, the main breakthroughs are reflected in:
| Dimensions | Traditional evaluation methods | SF/T 0086—2020 Innovation |
|---|---|---|
| Evaluation subject | Administrative personnel take the lead | Lawyers with more than 10 years of practicing experience serve as peer assessors |
| Indicator design | Qualitative evaluation is the main method | A quantitative system of 8 primary indicators + 19 secondary indicators |
| Procedural guarantee | Single review | Three-level procedure of initial review, re-review and objection review |
Analysis of core evaluation indicators
5.1 Evaluation of effectiveness of meetings
At least one meeting is required in each litigation stage, and the meeting record must be signed and confirmed by the beneficiary. In special cases:
- Crimes endangering national security: Failure to obtain permission for a meeting during the investigation stage will not affect the rating
- Remote video meeting: Confirmation records must be retained
5.4 Quality requirements for legal opinions
Three quality levels are distinguished:
- Unqualified: Simply copying the opinions of the previous stage or not submitting them on time
- Qualified: With basic analysis and argumentation
- Excellent: The opinions are adopted by the case-handling agency (such as a decision not to prosecute)
Differentiated evaluation rules
| Litigation stage | Number of applicable indicators | Requirements for excellent cases |
|---|---|---|
| Investigation stage | 6 items | ≥3 items of excellent and no unqualified |
| Review and prosecution stage | 7 items | ≥4 items of excellent and no unqualified |
| Trial stage | 8 items | ≥5 items of excellent and no unqualified |
Implementation Suggestions
Quality Improvement Mechanism
It is recommended to establish:
- Evaluation result notification system: Regularly publish typical unqualified cases
- Dynamic subsidy mechanism: Link the evaluation level with the case handling subsidy level
- Training of assessors: at least 2 case studies per year
Key points for risk prevention and control
Key points for verification:
- No application for obtaining evidence of innocence when no evidence of innocence is found
- Failure to fully inform the rights of guilty pleas
- Failure to fulfill reporting obligations in major cases
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