2008年全国法院司法统计公报

   
二〇〇八年全国法院审理各类案件情况
 收、结、未结案件全面上升。2008年全国法院受理各类案件10711275件，比2007年上升10.91%。其中当年新收各类案件和执行案件9904588件，审结9839358件，分别比2007年上升11.90%和11.17%。其中，当年起诉、上诉、再审（即诉讼案件）的刑事、民事、行政案件6982594件，比2007年上升13.73%，审结6943553件，同比上升13.98%；受理国家赔偿案件1535件，审结1634件，分别下降7.42%和4.39%；受理申诉、申请再审案件（包括审查行政非诉案件）146458件，审结136286件，分别下降23.52%和28.81%。当年新收执行案件2241535件，执行结案2225419件，同比分别上升8.37%和5.20%。办理减刑、假释案件532466件，同比上升18.34%。审结一审、二审、再审刑事案件866819件，同比上升6.24%；民商事案件5934762件，上升15.38%；行政案件141972件，上升7.00%。
 全年解决民事诉讼纷争标的金额上升突出，执结标的金额增长明显。全年审结的民事案件共涉及标的金额9088.4亿元，比2007年上升14.48%；案均标的金额15.31万元。其中，涉及知识产权案件标的金额47.6亿元，海事海商案件标的金额66.4亿元。执行结案标的金额5262.7亿元，同比上升33.31%。
 未结案数量增加。截止年底未结案868978件，同比上升7.72%。
 一、一审案件情况
 全国法院审理各类一审案件在全部诉讼案件中占90.06%，居第一位；刑事、民事、行政案件全面上升。
 2008年全国法院新收刑事、民事、行政一审案件6288831件，审结案件6258400件，比2007年分别上升13.31%和13.70%，未结案444622件，上升7.32%。其中，刑事收案767842件，审结768130件，分别上升6.04%和6.59%，年底未结案25475件，下降0.39%；民事收案5412591件，审结5381185件，分别上升14.57%和14.92%，未结案412382件，上升8.16%；行政收案108398件，审结109085件，上升6.79%和8.35%，未结案6765件，下降9.21%。
 一审案件占全部诉讼案件的90.06%；占全国法院所有案件的63.49%。
 一审案件中，民事案件占86.07%，刑事案件占12.21%，行政案件占1.72%。
 民事案件中，合同案件占54.00%，婚姻家庭、继承案件占24.54%，权属、侵权案件占21.46%。民事案件涉及诉讼标的金额7954.88亿元。
  二、二审案件情况
 收案、结案、未结案升幅较大，一审服判息诉率89.55%。全国中级以上法院共收各类二审案件654044件，占全部诉讼案件的9.37%；审结645070件，同比分别上升19.54%和18.50%，未结案件54532件，上升15.17%。其中，刑事上（抗）诉案件占二审案件的14.65%，民事案件占80.32%，行政案件占5.03%。2008年案件上诉率10.45%比2007年上升0.51个百分点，其中行政案件上诉率30.18%，刑事案件12.48%，民事案件9.76%。
 改判和发回重审率下降。在结案中，改判和发回重审率18.48%，比2007年下降1.95个百分点。其中，改判案件占11.83%，比上年的14.10%下降2.27个百分点；发回重审案件占6.65%，同比下降1.06个百分点。
 一审裁判正确率达98.09%。一审案件经二审审理改判和发回重审的案件占一审结案的1.91%，同比下降0.09个百分点。
  三、再审案件情况
 收案、结案、未结案总量全面下降。2008年共新收再审案件39719件，占全部诉讼案件的0.57%；审结40083件，同比分别下降6.55%和8.24%；其中刑事案件上升3.50%，民事案件下降6.67%，行政案件下降19.13%。未结案11435件，下降3.15%。
 经审判监督程序审理的再审案件改判的占29.98%，发回重审的占9.11%，与2007年比较下降0.24个百分点和上升1.51个百分点。其中本院决定再审的案件中改判32.41%，发回重审10.41%；上级法院指令再审案件中改判和发回重审率分别是34.16%和7.32%；抗诉案件中改判占23.67%，发回重审占4.58%。
 生效裁判正确率达99.74%。本年度经审判监督再审改判和发回重审案件占当年生效裁判的0.26%，生效裁判正确率为99.74%。
 刑事、民事、行政申诉、申请再审案件与上年比较上升。全年共新收刑事、民事、行政申诉、申请再审案件128285件，同比上升16.18%；审结117640件，上升6.48%；其中经审查决定再审的案件占19.32%，同比下降0.21个百分点。
 四、国家赔偿和行政赔偿案件情况
 国家赔偿案件下降。全国法院新收国家赔偿案件1535件，审结1634件，同比下降7.42%和4.39%；其中刑事赔偿案件占58.76%，非刑事赔偿案件占41.04%。在刑事赔偿案件中，决定赔偿的案件占40.82%，比2007年赔偿率下降2.45个百分点。赔偿原因以错误拘留、错误逮捕、错判为主，占81.57%。在非刑事赔偿案件中，决定赔偿案件占22.14%，赔偿率下降0.53个百分点。赔偿的主要原因包括违法查封、扣押、冻结、追缴，错误执行等占97.28%
 法院为赔偿义务机关（包括与相关单位共同赔偿）的占国家赔偿案件的64.36%。其中法院为赔偿义务机关赔偿的刑事赔偿案件占全部刑事赔偿案件的53.66%，非刑事赔偿占全部非刑事赔偿案件的79.62%。法院赔偿委员会受理的请求检察院刑事赔偿的案件占24.39%，请求公安机关赔偿的案件占20.95%，请求安全机关和监狱管理机关赔偿案件占1.00%，上述四机关非刑事赔偿案件占20.38%。
 行政赔偿案件收案、结案均有较大幅度的上升。新收行政赔偿案件5076件，同比上升40.69%，其中单独提起行政赔偿的占73.80%，附带提起赔偿的占26.20%；审结4546件，上升43.54%。
 五、执行案件情况
 申请执行和执行结案全面上升。全国法院全年新收执行案件2241535件，执结2225419件，分别比上年上升8.37%和5.20%。其中，自动履行、执行和解占执行案件的47.49%，同比上升0.85个百分点；不予执行的占0.47%；没有财产或财产不清无法执行裁定终结的占29.54%；采取强制执行措施的占22.50%，同比上升0.43个百分点。生效裁判申请执行实际执行到位率69.98%，同比上升1.27个百分点。其中因拒不执行采取司法措施拘留8208人，罚款899件。
 六、案件审限和执行期限情况
 全国法院审结各类案件在审限内结案（不含批准延长审限的案件）的占98.41%，其中一审案件98.80%，二审案件95.38%，再审案件94.64%；刑事案件97.16%，民事案件98.68%，行政案件97.17%。
 执行案件执行期限内结案占98.71%；在超过执行期限的案件中因被执行人下落不明或无财产可供执行的占66.92%。
 七、涉外、涉港、澳、台案件情况
 全国法院新收各类涉外、涉港、涉澳、涉台案件和执行案件28834件，同比上升10.27%。其中，涉外案件12972件，同比上升3.56%；涉港案件10443件，同比上升25.49%；涉澳案件406件，同比下降3.10%；涉台案件5013件，同比上升2.68%。在这些案件中，诉讼案件占89.17%，执行案件占10.83%。涉案的主要案件类型为民商事案件，占诉讼案件的94.01%。
 八、减、免、缓缴诉讼费情况
 全国法院全年共减缴、免缴、缓缴诉讼费案件227046件，同比下降1.69%；减缓免缴诉讼费共计9.7亿元，同比下降14.61%。其中减缴案件12589件，诉讼费2415万元；免缴案件35054件，诉讼费5073万元；缓缴179403件，诉讼费89977万元。
 九、减刑、假释案件情况
 全国法院共办理减刑、假释案件532466件，同比上升18.34%。其中减刑案件502192件，上升15.97%；假释案件30274件，上升79.07%。

Overview of Cases Handled by National Courts in China in 2008

Overall increases in accepted, concluded and pending cases. In 2008, national courts accepted 10,711,275 cases of all types, an increase of 10.91% compared to 2007. Among these, 9,904,588 new cases and execution cases were accepted in the year, and 9,839,358 cases were concluded, representing increases of 11.90% and 11.17% respectively from 2007. Specifically, criminal, civil and administrative litigation cases (including prosecution, appeal and retrial cases) numbered 6,982,594, an increase of 13.73% from 2007, with 6,943,553 cases concluded, a year-on-year increase of 13.98%. The court accepted 1,535 state compensation cases and concluded 1,634 cases, representing decreases of 7.42% and 4.39% respectively. The court accepted 146,458 appeal and retrial application cases (including review of non-litigation administrative cases) and concluded 136,286 cases, with year-on-year decreases of 23.52% and 28.81% respectively. Newly accepted execution cases in the year totaled 2,241,535, with 2,225,419 cases executed and concluded, representing year-on-year increases of 8.37% and 5.20% respectively. A total of 532,466 commutation and parole cases were handled, a year-on-year increase of 18.34%. Concluded first-instance, second-instance and retrial criminal cases numbered 866,819, a year-on-year increase of 6.24%; civil and commercial cases numbered 5,934,762, an increase of 15.38%; and administrative cases numbered 141,972, an increase of 7.00%.

The amount in dispute resolved in civil cases increased significantly year over year, and the amount executed and concluded grew notably. The total amount in dispute involved in concluded civil cases for the whole year reached 908.84 billion yuan, an increase of 14.48% compared to 2007; the average amount per case was 153,100 yuan. Among these, intellectual property rights cases involved 4.76 billion yuan in dispute, and maritime and admiralty cases involved 6.64 billion yuan. The total amount executed and concluded for execution cases reached 526.27 billion yuan, a year-on-year increase of 33.31%.

The number of pending cases increased. By the end of the year, there were 868,978 pending cases, a year-on-year increase of 7.72%.

I. Overview of First-Instance Cases
First-instance cases handled by national courts accounted for 90.06% of all litigation cases, ranking first; criminal, civil and administrative cases all increased.
In 2008, national courts newly accepted 6,288,831 criminal, civil and administrative first-instance cases, and concluded 6,258,400 cases, representing increases of 13.31% and 13.70% respectively from 2007, with 444,622 pending cases, an increase of 7.32%. Specifically, criminal cases accepted numbered 767,842, with 768,130 cases concluded, representing increases of 6.04% and 6.59% respectively, with 25,475 pending cases by the end of the year, a decrease of 0.39%; civil cases accepted numbered 5,412,591, with 5,381,185 cases concluded, representing increases of 14.57% and 14.92% respectively, with 412,382 pending cases, an increase of 8.16%; administrative cases accepted numbered 108,398, with 109,085 cases concluded, representing increases of 6.79% and 8.35% respectively, with 6,765 pending cases, a decrease of 9.21%.
First-instance cases accounted for 90.06% of all litigation cases; and 63.49% of all cases handled by national courts across China.
Among first-instance cases, civil cases accounted for 86.07%, criminal cases accounted for 12.21%, and administrative cases accounted for 1.72%.
Among civil cases, contract cases accounted for 54.00%, marriage and family, inheritance cases accounted for 24.54%, and ownership and tort cases accounted for 21.46%. The total amount in dispute involved in civil cases reached 795.488 billion yuan.

II. Overview of Second-Instance Cases
Accepted, concluded and pending cases saw relatively large increases, with the rate of litigants accepting the first-instance judgment and not filing an appeal reaching 89.55%. National courts at the intermediate level and above newly accepted 654,044 second-instance cases of all types, accounting for 9.37% of all litigation cases; 645,070 cases were concluded, with year-on-year increases of 19.54% and 18.50% respectively, and 54,532 pending cases, an increase of 15.17%. Among these, criminal appeal (and protest) cases accounted for 14.65% of second-instance cases, civil cases accounted for 80.32%, and administrative cases accounted for 5.03%. The appeal rate in 2008 was 10.45%, an increase of 0.51 percentage points from 2007; among them, the appeal rate for administrative cases was 30.18%, 12.48% for criminal cases, and 9.76% for civil cases.
The rate of reversal and remand for retrial decreased. Among concluded cases, the rate of reversal and remand for retrial was 18.48%, a decrease of 1.95 percentage points from 2007. Specifically, reversed cases accounted for 11.83%, a decrease of 2.27 percentage points from the previous year's 14.10%; remanded cases accounted for 6.65%, a year-on-year decrease of 1.06 percentage points.
The accuracy rate of first-instance judgments reached 98.09%. Cases that were reversed or remanded for retrial after second-instance trial accounted for 1.91% of concluded first-instance cases, a year-on-year decrease of 0.09 percentage points.

III. Overview of Retrial Cases
Accepted, concluded and pending cases all saw overall decreases. In 2008, a total of 39,719 new retrial cases were accepted, accounting for 0.57% of all litigation cases; 40,083 cases were concluded, with year-on-year decreases of 6.55% and 8.24% respectively; among these, criminal cases increased by 3.50%, civil cases decreased by 6.67%, and administrative cases decreased by 19.13%. There were 11,435 pending cases, a decrease of 3.15%.
Cases retried through the trial supervision procedure accounted for 29.98% of reversed cases and 9.11% of remanded cases, representing a decrease of 0.24 percentage points and an increase of 1.51 percentage points respectively compared to 2007. Among them, 32.41% of cases decided for retrial by the same court were reversed, and 10.41% were remanded; among cases ordered for retrial by superior courts, the rates of reversal and remand were 34.16% and 7.32% respectively; among protest cases, 23.67% were reversed and 4.58% were remanded.
The accuracy rate of effective judgments reached 99.74%. Cases that were reversed or remanded for retrial through trial supervision retrial during the year accounted for 0.26% of the effective judgments of the year, with an effective judgment accuracy rate of 99.74%.
Criminal, civil and administrative appeal and retrial application cases increased compared to the previous year. A total of 128,285 new criminal, civil and administrative appeal and retrial application cases were accepted throughout the year, a year-on-year increase of 16.18%; 117,640 cases were concluded, an increase of 6.48%; among these, cases decided for retrial after review accounted for 19.32%, a year-on-year decrease of 0.21 percentage points.

IV. Overview of State Compensation and Administrative Compensation Cases
State compensation cases decreased. National courts newly accepted 1,535 state compensation cases and concluded 1,634 cases, with year-on-year decreases of 7.42% and 4.39% respectively; among these, criminal compensation cases accounted for 58.76%, and non-criminal compensation cases accounted for 41.04%. Among criminal compensation cases, cases decided for compensation accounted for 40.82%, a decrease of 2.45 percentage points in the compensation rate compared to 2007. The main reasons for compensation were wrongful detention, wrongful arrest and wrongful conviction, accounting for 81.57%. Among non-criminal compensation cases, cases decided for compensation accounted for 22.14%, with a decrease of 0.53 percentage points in the compensation rate. The main reasons for compensation included illegal seizure, distraint, freezing and confiscation of property, wrongful execution, etc., accounting for 97.28%.
Courts as the compensation obligor (including joint compensation with relevant units) accounted for 64.36% of state compensation cases. Among them, criminal compensation cases where courts were the compensation obligor accounted for 53.66% of all criminal compensation cases, and non-criminal compensation cases accounted for 79.62% of all non-criminal compensation cases. Cases requesting criminal compensation from the procuratorate accepted by the court's compensation committee accounted for 24.39%, cases requesting compensation from public security organs accounted for 20.95%, cases requesting compensation from national security organs and prison management organs accounted for 1.00%, and non-criminal compensation cases from the above four organs accounted for 20.38%.
Administrative compensation cases saw relatively large increases in both accepted and concluded cases. Newly accepted administrative compensation cases totaled 5,076, a year-on-year increase of 40.69%, among which separately filed administrative compensation claims accounted for 73.80%, and collateral compensation claims accounted for 26.20%; 4,546 cases were concluded, an increase of 43.54%.

V. Overview of Execution Cases
Applications for execution and executed and concluded cases all increased. National courts newly accepted 2,241,535 execution cases throughout the year, and executed and concluded 2,225,419 cases, representing increases of 8.37% and 5.20% respectively from the previous year. Among these, voluntary performance and execution reconciliation accounted for 47.49% of execution cases, a year-on-year increase of 0.85 percentage points; non-enforcement cases accounted for 0.47%; cases terminated by ruling due to no available property or unclear property status accounted for 29.54%; compulsory enforcement measures were taken in 22.50% of cases, a year-on-year increase of 0.43 percentage points. The actual execution rate for applications for enforcement of effective judgments reached 69.98%, a year-on-year increase of 1.27 percentage points. Among them, 8,208 people were detained and 899 cases were fined for refusing to execute judgments.

VI. Overview of Case Trial Time Limits and Execution Time Limits
Among all concluded cases handled by national courts, 98.41% were concluded within the trial time limit (excluding cases with approved extended time limits), including 98.80% of first-instance cases, 95.38% of second-instance cases, and 94.64% of retrial cases; 97.16% of criminal cases, 98.68% of civil cases, and 97.17% of administrative cases.
98.71% of execution cases were concluded within the execution time limit; among cases exceeding the execution time limit, 66.92% were due to the whereabouts of the subject of execution being unknown or no available property for execution.

VII. Overview of Foreign-related, Hong Kong, Macao and Taiwan-related Cases
National courts newly accepted 28,834 foreign-related, Hong Kong-related, Macao-related, Taiwan-related cases and execution cases, a year-on-year increase of 10.27%. Among these, 12,972 were foreign-related cases, a year-on-year increase of 3.56%; 10,443 were Hong Kong-related cases, a year-on-year increase of 25.49%; 406 were Macao-related cases, a year-on-year decrease of 3.10%; 5,013 were Taiwan-related cases, a year-on-year increase of 2.68%. Among these cases, litigation cases accounted for 89.17% and execution cases accounted for 10.83%. The main case types involved were civil and commercial cases, accounting for 94.01% of litigation cases.

VIII. Overview of Reduction, Exemption and Deferral of Litigation Costs
National courts handled a total of 227,046 cases with reduced, exempted or deferred litigation costs throughout the year, a year-on-year decrease of 1.69%; the total amount of reduced, exempted and deferred litigation costs reached 970 million yuan, a year-on-year decrease of 14.61%. Among these, 12,589 cases had reduced litigation costs, totaling 24.15 million yuan; 35,054 cases had exempted litigation costs, totaling 50.73 million yuan; 179,403 cases had deferred litigation costs, totaling 899.77 million yuan.

IX. Overview of Commutation and Parole Cases
National courts handled a total of 532,466 commutation and parole cases, a year-on-year increase of 18.34%. Among these, 502,192 were commutation cases, an increase of 15.97%; and 30,274 were parole cases, an increase of 79.07%.