一、不斷健全人權司法保障機制 | I. Strengthen the Mechanism of Judicial Protection of Human Rights |
全面深化司法體制改革,合理配置司法職權,完善司法責任制,大力推進司法公開,建立健全國家司法救助制度,保障律師執(zhí)業(yè)權利和公民陪審監(jiān)督權利。 | China is striving to drive reform of the judiciary to a deeper level, allocate judicial powers and responsibilities in a more rational way, improve the judicial accountability system, promote judicial transparency, establish a national judicial assistance system, and ensure the right of lawyers to practice their profession and the rights of citizens to act as assessors and overseers. |
進一步優(yōu)化司法職權配置,確保審判權和檢察權依法獨立公正行使。中共十八大和十八屆三中、四中全會對深化司法體制改革作出重大部署。2014年至2015年,中央全面深化改革領導小組召開了19次全體會議,其中13次涉及司法體制改革議題,審議通過了27個司法體制改革文件。公安機關完善執(zhí)法權力運行機制,推進受案立案制度改革,加大對受案立案的審核監(jiān)督。最高人民檢察院制定《關于深化檢察改革的意見(2013-2017年工作規(guī)劃)》。最高人民法院發(fā)布《關于全面深化人民法院改革的意見——人民法院第四個五年改革綱要(2014-2018)》。2014年以來,完善司法責任制、完善司法人員分類管理制度、健全司法職業(yè)保障制度、推進省以下地方法院檢察院人財物省級統(tǒng)一管理四項改革逐步在全國推開試點。以審判為中心的訴訟制度改革正在穩(wěn)步推進。 | Further improve the allocation of judicial powers and responsibilities, and ensure the independent and impartial exercise of the judicial and procuratorial power. Major plans for deeper reform of the judiciary were made at the 18th National Congress of the CPC and the third and fourth plenary sessions of the 18th Central Committee of the CPC. In 2014-2015, the Central Leading Group for Deepening Overall Reform held 19 meetings, 13 of which involved reform of the judiciary. The Group examined and approved 27 judiciary reform documents in total. Public security organs have improved the mechanism of law enforcement, changed the case-filing review system to case-filing register system, and strengthened examination and supervision of case admitting work. The Supreme People's Procuratorate has issued the "Opinions on Deepening Procuratorial Reform (Work Plan for 2013-2017)," and the Supreme People's Court has released the "Opinions on Deepening the Reform of People's Courts in All Respects - the Fourth Five-Year Reform Plan of the People's Courts (2014-2018)." Since 2014, pilot programs have been promoted nationwide to improve performance in the following areas: judicial accountability, category-based management of judicial personnel, job security for the judicial profession, and unified management of the personnel, finance and property of people's courts and procuratorates below the provincial level. The reform of trial-centered litigation is making headway. |
2014年,北京、上海組建跨行政區(qū)劃人民法院和人民檢察院,辦理跨地區(qū)重大刑事、民事、行政案件,解決一些當事人“爭管轄”和訴訟“主客場”問題,促進法律統(tǒng)一正確實施。2015年,最高人民法院在深圳、沈陽分別設立最高人民法院第一、第二巡回法庭,審理跨行政區(qū)域重大行政和民商事案件,全年共收案1774件,審結1653件,審限內結案率為100%。 | In 2014, people's courts and people's procuratorates transcending administrative boundaries were established in Beijing and Shanghai, to handle major cross-regional criminal, civil and administrative cases. This was to address certain parties' concerns over the authority of the jurisdiction in charge of their cases, and to promote the unified and correct application of laws. In 2015, the Supreme People's Court set up its first and second circuit courts in Shenzhen and Shenyang for major cross-regional administrative, civil and commercial cases. In 2015 the circuit courts handled 1,774 cases and concluded 1,653 of them, concluding all cases within the time limit. |
逐步建立健全司法責任制,法官檢察官辦案主體地位更加凸顯。逐步完善主審法官責任制、合議庭辦案責任制和檢察官辦案責任制,明確法官、檢察官辦案的權力和責任,對所辦案件質量終身負責,嚴格錯案責任追究,形成權責明晰、權責統(tǒng)一、管理有序的司法權力運行機制。改革裁判文書簽署機制,明確除審判委員會討論決定的案件以外,法院院長、副院長、庭長對其未直接參加審理案件的裁判文書不再進行審核簽發(fā)。明確法院院長、庭長除參加審判委員會、專業(yè)法官會議外,不得對其沒有參加審理的案件發(fā)表傾向性意見,不得直接否定獨任法官、合議庭意見。改革審判委員會制度,審判委員會評議實行錄音、錄像,全程留痕,所有參加討論和表決的委員應當在審判委員會會議記錄上簽名,并建立審判委員會履職考評和內部公示機制。上海市試點法院直接由獨任法官、合議庭裁判的案件比例達99.9%,提交審判委員會討論的案件只有0.1%。 | Improve the judicial accountability system, and enhance the central role of judges and prosecutors in case handling. We will improve the accountability systems of presiding judges, collegial benches, and prosecutors for the cases they handle. The powers and responsibilities of judges and prosecutors have been made clear, and they have lifelong accountability for the cases they adjudicate. A strict accountability system for misjudgments has been implemented. Thus a judiciary operation mechanism with clear distinction between and unification of powers and responsibilities, and well management has taken shape. The judiciary has reformed the signing of written judgments, with a clear provision that other than in cases decided by a judicial committee, the presidents, vice presidents and divisional chief judges will not review and sign the written judgments of cases they did not participate in. It has been made clear that presidents and divisional chief judges of people's courts are not allowed to air judgmental opinions on cases they did not hear, or negate the opinion of trial judges and collegial benches, unless they attended deliberations, on such cases at the judicial committees or meetings of judges with specialized knowledge. Reform has been carried out in judicial committees. The deliberation sessions of judicial committees are recorded with audio-visual devices from beginning to end, and all committee members who have participated in the discussion and cast their votes must sign their names in the meeting minutes. A performance appraisal and internal public evaluation system has also been established for judicial committees. In pilot courts of Shanghai, the rate of cases handled independently by trial judges and collegial benches reached 99.9 percent of all cases, with only 0.1 percent of cases submitted to judicial committees for discussion. |
公安部修訂《公安機關執(zhí)法質量考核評議規(guī)定》和《公安機關人民警察執(zhí)法過錯責任追究規(guī)定》,建立完善科學合理的執(zhí)法質量考評機制,健全執(zhí)法過錯糾正和責任追究制度,對實施刑訊逼供、違法使用警械武器等行為的人員嚴格追究執(zhí)法責任。國家有關部門發(fā)布《領導干部干預司法活動、插手具體案件處理的記錄、通報和責任追究規(guī)定》和《司法機關內部人員過問案件的記錄和責任追究規(guī)定》。各級法院的案件信息管理系統(tǒng)設立內外部人員過問案件信息錄入專庫,對領導干部干預司法活動和司法機關內部人員過問案件的情況,全面、如實、及時進行記錄。2015年11月6日和2016年2月1日,12起領導干部干預司法活動、插手具體案件和司法機關內部人員違反規(guī)定過問案件的典型案例被先后公開通報,相關責任人被依法依規(guī)處理。 | The Ministry of Public Security amended the Regulations on the Appraisal of Law Enforcement by Public Security Organs, and the Regulations on Law Enforcement Accountability of People's Police of Public Security Organs, establishing a complete and effective appraisal system for monitoring the quality of law enforcement and for improving accountability in the investigation of misconduct during law enforcement. Forced confessions and illegal employment of police instruments or weapons are subject to strict investigation for their responsibility. The Chinese authorities issued the Regulations on the Recording, Notification, and Accountability Investigation of Leading Officials for Interventions in Judicial Activities and Handling of Specific Cases, and the Regulations on the Recording and Accountability Investigation of Staff Members of Judicial Organs for Their Intervention in Case Handling. People's courts at all levels have set up special archives in their case information management systems for recording internal and external interest and intervention in case-handling, so as to record in a complete, strict, and timely fashion any intervention in judicial activities by leading officials and any interest in cases expressed by staff members. On November 6, 2015 and February 1, 2016, 12 such cases were made public, and those adjudged to have transgressed received punishments pursuant to the law. |
大力推進司法公開,當事人和公眾的知情權、監(jiān)督權得到有效保障。最高人民法院建立審判流程公開、裁判文書公開、執(zhí)行信息公開三大平臺。截至2015年年底,中國審判流程信息公開網(wǎng)總訪問量達87.85萬人次;中國裁判文書網(wǎng)共公布裁判文書1448萬份,總訪問量達4.1億人次;執(zhí)行信息公開網(wǎng)共發(fā)布被執(zhí)行人信息3434.7萬條,提供執(zhí)行案件信息查詢3685萬人次。中國法院庭審直播網(wǎng)2015年共視頻直播庭審3795次。2016年1月,“快播案”庭審在互聯(lián)網(wǎng)視頻直播,累計100余萬人在線觀看。人民檢察院案件信息公開系統(tǒng)自2014年10月正式運行,截至2015年,共發(fā)布案件程序性信息254萬余件、重要案件信息102萬余條、生效法律文書76萬余份。 | Promote judicial transparency, and ensure the right to know and the right to supervise for concerned parties and the public. The Supreme People's Court has established three platforms for releasing information on judicial process, written judgments, and the execution of judgments. By the end of 2015 China Judicial Process Information Online had had a total of 878,500 visits, China Judgments Online had released 14,480,000 copies of written judgments and garnered 410 million visits, and China Law Enforcement Information Online had publicized 34,347,000 information entries about persons subject to judgment execution, and offered information services to 36,850,000 visitors. In 2015, Chinacourt.org broadcasted 3,795 live trials online. The January 2016 online broadcast of the Qvod Player (Kuaibo) case attracted more than one million viewers. The case information disclosure system of the people's procuratorates was officially launched in October 2014, and by 2015 it had released 2,540,000 pieces of information about the judicial process, 1,020,000 entries providing information on key cases, and 760,000 copies of effective legal documents. |
司法機關通過新聞發(fā)布會、政務網(wǎng)站、微博、微信、新聞客戶端等,創(chuàng)新司法公開的形式和內容。2015年,最高人民法院召開新聞發(fā)布會26場,最高人民檢察院召開新聞發(fā)布會14場,公安部召開新聞發(fā)布會12場。截至2015年,全國各級法院共開通微博賬號3980個、微信公眾號1447個、新聞客戶端1468個,全國檢察機關共開通微博賬號4085個、微信公眾號3186個、新聞客戶端2550個,全國公安機關共開通微博賬戶、微信公眾號2.6萬余個,各級司法行政機關共開通微博賬戶、微信公眾號、法治宣傳客戶端和普法網(wǎng)站8000多個。最高人民法院推出中國法院手機電視應用程序軟件,截至2015年共發(fā)布視頻2862條,內容更新量22245分鐘,用戶達65.18萬人。 | Judicial organs have innovated the form of releasing judicial information, such as press conferences, websites, Weibo (microblog), WeChat, and news apps. In 2015, the Supreme People's Court held 26 press conferences. The Supreme People's Procuratorate held 14, and the Ministry of Public Security held 12. By 2015, people's courts at all levels nationwide had opened 3,980 Weibo and 1,447 WeChat accounts, and created 1,468 news apps. People's procuratorates at all levels nationwide had opened 4,085 Weibo and 3,186 WeChat accounts, and launched 2,550 news apps. Public security organs had opened 26,000 Weibo and WeChat accounts, and administrative organs of justice at all levels had opened a total of 8,000 Weibo and WeChat accounts and legal education apps and websites. The Supreme People's Court launched a mobile TV app, releasing 2,862 videos by 2015, with 22,245 minutes of updated content and 651,800 users. |
不斷完善律師執(zhí)業(yè)權利保障制度,律師維護當事人合法權益的作用得到更好發(fā)揮。2015年,最高人民法院、最高人民檢察院、公安部、國家安全部、司法部聯(lián)合發(fā)布《關于依法保障律師執(zhí)業(yè)權利的規(guī)定》,進一步落實相關法律規(guī)定,明確律師執(zhí)業(yè)權利保障的各項措施,便利律師參與訴訟,完善律師執(zhí)業(yè)權利保障的救濟機制和責任追究機制。司法機關在各自職責范圍內依法保障律師知情權、申請權、申訴權,以及會見、閱卷、收集證據(jù)和發(fā)問、質證、辯論等方面的執(zhí)業(yè)權利,確保律師依法履行辯護、代理職責不受阻礙,當事人合法權利不受侵害。 | Ensure lawyers' right of practice, so that lawyers are playing a bigger role in safeguarding the legitimate rights and interests of parties concerned. In 2015, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of State Security, and the Ministry of Justice jointly issued the Regulations on Protecting Lawyers' Right of Practice in Accordance with the Law, which further implements relevant legal provisions, makes clear various measures to protect lawyers' right of practice, makes it more convenient for lawyers to participate in litigation, and improves the remedy and accountability mechanisms for ensuring lawyers' right to practice. Within the scope of their functions and duties and as prescribed by the law, judicial organs have protected lawyers' rights to know, their rights of application and appeal, and the rights to meet their clients, to read case files, to collect evidence and ask questions, to cross-examine, and to debate in court. Judicial organs have ensured that lawyers are not deterred from defending and representing the parties concerned, whose legitimate rights are protected in accordance with the law. |
各級公安機關加快推進律師會見室建設,建立網(wǎng)上預約平臺或者公布預約電話,為律師會見提供便利,并確保律師會見不被監(jiān)聽。檢察機關切實履行對妨礙律師依法執(zhí)業(yè)的法律監(jiān)督職責。2015年,各級檢察機關共監(jiān)督糾正阻礙律師依法行使訴訟權利案件1093件。2015年12月,最高人民法院律師服務平臺正式上線,共收集律師事務所信息21707家,錄入律師信息81476條,為律師參加訴訟活動提供網(wǎng)上立案、網(wǎng)上閱卷、案件查詢、電子送達、聯(lián)系法官等更加便捷的法律服務。截至2015年,全國共有1734家法院開通12368訴訟服務熱線,為當事人及律師提供自助或人工查詢咨詢,共接聽來電76270件。2016年1月,最高人民法院發(fā)布《關于依法切實保障律師訴訟權利的規(guī)定》,進一步明確了人民法院對律師訴訟權利和人身安全的保障,并規(guī)定有條件的法院要為參加庭審的律師提供休息場所,配備桌椅、飲水及其他必要設施。北京、四川等地法院開辟了律師更衣室、休息室等,律師參加訴訟活動更有尊榮感。 | Public security organs at all levels have accelerated the provision of lawyers' meeting rooms, and opened online platform for lawyers to make appointments to visit their clients and made known to the public such appointment phone numbers, providing convenience to meetings between lawyers and their clients and ensuring their conversations are not monitored. Procuratorial organs have effectively fulfilled their role of supervision over the obstruction of lawyers' right to practice. In 2015, procuratorial organs at all levels resolved 1,093 cases involving infringement of lawyers' procedural rights pursuant to the law. In December 2015, the Supreme People's Court launched a lawyers service platform, collating 21,707 entries concerning law firms and 81,476 entries concerning lawyers. The platform offers convenient legal services to lawyers, including online case register, online access to case files, case information inquiry, electronic service of legal documents, and judges' contact details. By 2015, 1,734 courts had opened the "12368" litigation service hotline, providing self- or staff-service information for parties concerned and lawyers, and handled a total of 76,270 inquiry calls. In January 2016, the Supreme People's Court issued the Regulations on Effectively Protecting Lawyers' Procedural Rights in Accordance with the Law, which further clarifies the protection of lawyers' procedural rights and personal safety by people's courts, and stipulates that courts should, if conditions allow, provide lounges with desks, chairs, drinking water and other necessities for lawyers participating in court trials. Some courts in Beijing and Sichuan have provided changing rooms and waiting rooms for lawyers, protecting their dignity in litigious activities. |
試點改革人民陪審員和人民監(jiān)督員制度,公民陪審和監(jiān)督權利得到進一步保障。2015年4月,全國人大常委會通過《關于授權在部分地區(qū)開展人民陪審員制度改革試點工作的決定》。2015年5月,最高人民法院、司法部聯(lián)合發(fā)布《人民陪審員制度改革試點工作實施辦法》,在10個省(自治區(qū)、直轄市)50個法院實行人民陪審員制度改革試點。截至2015年,試點法院新增選人民陪審員7800多人,人民陪審員總數(shù)增至法官總數(shù)的約4倍。2015年,全國人民陪審員共參審案件284.6萬件。山東省東營市中級人民法院吸收人民陪審員參與審理倪發(fā)科受賄、巨額財產(chǎn)來源不明案,是人民陪審員首次參審重大職務犯罪案件。2014年9月,最高人民檢察院、司法部在北京等10個?。ㄗ灾螀^(qū)、直轄市)聯(lián)合開展人民監(jiān)督員制度改革試點,按照新的改革要求組織監(jiān)督案件1505件。全國各級檢察機關目前共有人民監(jiān)督員1.5萬多人。2012年至2015年,人民監(jiān)督員共監(jiān)督檢察機關查辦職務犯罪案件中“擬撤銷案件”和“擬不起訴”兩類案件8161件。其中,對216件案件提出不同意檢察機關擬處理決定的意見,檢察機關采納109件,采納率達50.5%。對屬于人民監(jiān)督員監(jiān)督范圍的其他9種情形提出監(jiān)督糾正意見1040件。 | Conduct pilot programs to reform the system of people's assessors and supervisors, and ensure citizens' right to act as assessors and supervisors. In April 2015, the Standing Committee of the National People's Congress (NPC) issued the Decision on Authorizing the Implementation of the Pilot Program to Reform the System of People's Assessors in Certain Areas. In May 2015, the Supreme People's Court and the Ministry of Justice jointly issued the Measures on Implementing the Pilot Program to Reform the System of People's Assessors, rolling out reform at 50 courts in 10 provinces (autonomous regions and municipalities directly under the central government). By 2015, these courts had welcomed 7,800 new people's assessors, four times the number of judges. In 2015, people's assessors took part in the trial of 2,846,000 cases. At the Dongying Intermediate People's Court of Shandong Province, people's assessors participated in a major work-related crime for the first time when hearing the trial of Ni Fake for accepting bribery and obtaining significant revenues from unclear sources. In September 2014, the Supreme People's Procuratorate and the Ministry of Justice jointly launched a pilot program to reform the system of people's supervisors in Beijing and nine other provinces (autonomous regions and municipalities directly under the central government), supervising the handling of 1,505 cases according to the new reform requirements. Currently there are 15,000 people's supervisors at all levels of procuratorial organs. In 2012-2015, people's supervisors participated in 8,161 cases of work-related crimes, which are under the categories of "might be revoked" and "might not be prosecuted." Of the 216 cases in which people's supervisors gave opinions different from the preliminary decisions of procuratorial organs, 109 cases, or 50.5 percent, were ruled in favor of the people's supervisors. People's supervisors also presented 1,040 opinions regarding the nine situations within their supervisory scope. |
進一步推進涉訴信訪法治化,權利救濟途徑更加完善。建立健全涉法涉訴信訪工作機制,按照“訴訪分離、有序分流、依法解決”的原則,規(guī)范涉法涉訴信訪工作的受理范圍、標準、程序和工作職責,整合來信、來訪、電話、網(wǎng)絡、視頻等訴求表達渠道,推進綜合性受理平臺建設,保障人民群眾依法表達訴求權利。組織律師參與信訪接待、代理信訪案件,增強化解信訪問題的公信力。2014年2月,最高人民法院開通網(wǎng)上申訴信訪平臺。2014年5月,最高人民法院開通遠程視頻接訪系統(tǒng),截至2015年完成接談8200余件。2015年,最高人民法院接待群眾來訪人數(shù)同比下降12%。最高人民檢察院建成全國四級檢察機關全聯(lián)通的遠程視頻接訪系統(tǒng)。2015年,各級檢察機關共接收、辦理群眾信訪114.8萬件次。2012年至2015年,司法部共接待來訪群眾19788人次,登記來訪6537件(次),收到群眾來信73843件,涉及司法行政系統(tǒng)的群眾來信10337件。 | Appropriately handle letters and visits involving lawsuits in accordance with the law, and improve the channels of rights relief. A working mechanism of handling letters and visits involving lawsuits has been established, which runs according to the principles that litigation and letters and visits are separated, that letters and visits are divided in an orderly manner, and that letters and visits are handled in accordance with the law. There has been greater standardization in the scope, procedure, and responsibilities involving letters and visits concerning lawsuits. More channels are now available for people to air their grievances, including letters, visits, telephone calls, the internet, and videos, and integrated online platforms have been introduced for this purpose, ensuring that the people have access to claim their rights in accordance with the law. Lawyers have been invited to participate in activities of receiving letters and visits, and act as agents to handle them, in a way that strengthens public faith in the letters and visits system. The Supreme People's Court opened an online platform for complaints and appeals in February 2014, and an online video system to receive complaints and appeals in May of that year, which handled a total of 8,200 cases by 2015. In 2015, visits to the Supreme People's Court of those who were seeking legal justice to their own case dropped by 12 percent on a year-on-year basis. The Supreme People's Procuratorate established an online video system to receive appeals, which connects procuratorial organs at all four levels. In 2015, procuratorial organs at all levels received and handled 1,148,000 letters and visits. In 2012-2015, the Ministry of Justice received 19,788 people, registered 6,537 visits, and received 73,843 letters, including 10,337 letters on matters relating to the administrative organs of justice. |
廢止勞動教養(yǎng)制度,強化以法治思維和法治方式管理社會。實行了50多年的勞動教養(yǎng)制度在特定條件下為維護社會治安秩序、確保社會穩(wěn)定、教育挽救違法人員發(fā)揮了積極作用。隨著治安管理處罰法、禁毒法等法律的施行和刑法的不斷完善,以及相關法律的有機銜接,勞動教養(yǎng)制度的作用逐漸被取代,勞動教養(yǎng)措施的使用逐漸減少。2013年12月,全國人大常委會通過《關于廢止有關勞動教養(yǎng)法律規(guī)定的決定》,廢止了勞動教養(yǎng)制度;并規(guī)定對正在被依法執(zhí)行勞動教養(yǎng)的人員,解除勞動教養(yǎng),剩余期限不再執(zhí)行。 | Abolish the system of reeducation through labor, and strengthen social governance with the rule of law. For more than 50 years, the system of reeducation through labor played a positive role in China, appropriate to the historical circumstances, in protecting public security, maintaining social order, ensuring social stability, and educating and rehabilitating lawbreakers. But over time its functions were gradually replaced with the implementation of laws such as the Law on Penalties for Administration of Public Security and the Law on Narcotics Control, and also through improvements in the Criminal Law. Over the years, as the relevant laws became increasingly applicable in cases of reeducation through labor, the correction system played a lesser role. In December 2013, the Standing Committee of the NPC passed the Decision on Annulment of the Regulations on Reeducation Through Labor, putting an end to the system. It was also decided that persons who were receiving reeducation through labor as prescribed by law should be released and exempted from their remaining terms. |
建立完善國家司法救助制度,加大受害人保護力度。2014年,最高人民法院、最高人民檢察院、公安部等6部門聯(lián)合發(fā)布文件,建立完善國家司法救助制度。國家對受到侵害但無法獲得有效賠償?shù)男淌卤缓θ说冉o予經(jīng)濟資助,幫助其擺脫生活困境。司法機關嚴格遵守司法救助申請告知義務,對符合條件的救助對象,及時發(fā)放救助資金。2015年,全國共發(fā)放司法救助資金16.69億元,71700個司法救助案件的當事人及其家庭得到救助。截至2015年年底,公安機關累計對6338人發(fā)放司法救助資金約1.4億元。2014年1月至2015年10月,各級檢察機關共受理1.3萬多人國家司法救助申請,發(fā)放救助金1.2億元。各級法院2013年至2015年共為有困難的訴訟當事人減免訴訟費6.25億元。 | Establish a national judicial assistance system, and strengthen the protection of victims. In 2014, six state organs, including the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security, jointly issued a document for establishing the national judicial assistance system. Under the framework, the state provides economic assistance to victims of crime who are unable to obtain financial compensation, to help them through difficulties. Judicial organs strictly perform their duty of notifying such victims of their right to apply for judicial assistance, and ensuring that eligible applicants receive timely relief. In 2015, 1.67 billion yuan went to 71,700 victims and their families. By the end of 2015, public security organs had given 140 million yuan in judicial assistance to 6,338 persons. From January 2014 to October 2015, procuratorial organs at all levels received 13,000 applications for judicial assistance, and granted 120 million yuan of relief. From 2013 to 2015, people's courts at all levels allowed 625 million yuan in reduction or exemption of litigation fees for parties in economic difficulty. |
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