1. By building a litigation service hall, a litigation service network and a litigation service hotline 12368, we will build a multi-channel, one-stop and all-round litigation service center of the people's court for the society, so as to facilitate the parties to respect and centrally handle other litigation affairs other than trials, build an open, dynamic, transparent and convenient sunshine judicial mechanism, deepen judicial openness, expand judicial democracy, and strive to realize justice for the people.
2. The litigation service center is the external service platform of all departments of the court. All departments undertake litigation services according to their respective functions and the overall operation requirements of the litigation service center to maximize the convenience of mass litigation.
3. The construction of litigation service center adheres to the principle of "facing the masses, facing the grassroots and facing the reality". According to the actual needs of facilitating the parties to exercise their litigation rights and safeguarding the people's right to know and supervise, the functions, service processes and service standards are determined. Focusing on the construction of litigation service centers of grassroots people's courts, we attach great importance to improving the litigation service level of people's courts. Pay attention to regional differences and hierarchical differences, persist in proceeding from reality and adjust measures to local conditions, and promote the construction of litigation service centers step by step. Pay attention to relying on modern information technologies such as big data and cloud computing, actively expand service functions, enrich service content and innovate service means.
Second, the litigation service hall
(1) Infrastructure construction
1. The litigation service hall should be clearly marked to facilitate people's access and build barrier-free access; The area should meet the actual needs of the function.
2. The reception places for letters and visits are set separately from other litigation service places, so that the layout is reasonable, solemn and generous, spacious and bright, clean and hygienic; On the premise of ensuring safety and order, open office methods such as "counter style" and "window style" are adopted; According to the conditions and actual needs, we can open up green channels for vulnerable groups such as the disabled and provide priority services. Establish a remote video interview system to realize interconnection with higher and lower courts.
3. Set up rest seats, drinking utensils and health service facilities; Provide pen, ink, paper, photocopying, typing, telephone, fax, Internet and other services. , and provide other goods and services related to litigation when conditions permit.
4. Provide the parties with information on litigation guidance such as visiting instructions, litigation guide and risk notification, and equip them with self-service inquiry equipment such as electronic touch screen.
5. Publicize relevant information about work flow, management system, court and hall staff in a conspicuous position.
6. Equipped with hand-held security inspection instrument, liquid detector, channel X-ray detector, explosion-proof barrel, fire blanket and other security inspection equipment.
(2) Main functions
1. Litigation guidance and legal publicity. A special person will be responsible for the reception, and the visitors will be guided to the relevant areas according to their purposes, and necessary litigation guidance and legal publicity will be carried out.
2. Register for mediation first. Receiving case materials, handling registration procedures and accounting legal fees; Providing verification passwords for the parties, agents and defenders to inquire about case information and consult case files; Provide judicial assistance to eligible parties, and reduce legal fees according to regulations. If necessary, provide on-site filing and holiday appointment filing services for the parties. If conditions permit, a financial institution's on-site service window can be set up to realize on-site payment of legal fees and other expenses.
Set up a mediation studio, where judges and full-time people's mediators conduct pre-litigation mediation or file mediation, and carry out the docking of litigation and mediation.
3. Accept applications, receive and transmit materials. Accepting applications for property preservation, evidence preservation and entrusted appraisal. Proposed by the relevant parties, after formal examination, transferred to the relevant departments. Under special circumstances, provide emergency services for the application.
Receiving the litigation materials submitted by the parties, agents and defenders and transmitting them to the judge or collegiate bench.
4. Consult with the judge. Through the window reception, touch screen, network and other means and forms, provide the parties, agents, defenders with case information inquiry services such as judges, trial organizations and process information. Provide legal consultation for the parties and provide psychological consultation related to litigation conditionally. Provide a special marking room to facilitate the parties, agents and defenders to consult the files according to the regulations, and provide services such as scanning and copying. If the parties, agents and defenders need to contact the judge, they should help them to do so in time. If there are justified reasons and the judge agrees, arrangements should be made to meet with the judge at a special place.
According to the conditions and actual needs, a lawyer or volunteer service window can be set up, and lawyers or volunteers with professional knowledge can provide litigation consultation and help for the parties free of charge. Actively strive to bring the lawyer's free service in the litigation service hall into the scope of legal aid.
5. Answer questions after serving documents and judgments. After reaching an agreement with the parties, the collegial panel provides the parties with the service of serving litigation documents at the window. If the parties raise questions about the referee, they shall notify the collegial panel to answer them.
6. Receive letters and visits, complaints and suggestions. Receiving and handling complaints and letters; Conduct remote video interviews.
Set up a complaint mailbox, accept complaints and suggestions, and transfer them to relevant departments for handling. Conditional discipline inspection and supervision window can be set up.
(3) Job requirements
1. Prosecutors can be non-judges. They should use civilized and standardized language to ask the purpose of visitors, introduce procedures, guide the workplace and publicize the legal system.
2. If the filing judge finds that the civil dispute sued by the parties is suitable for mediation and obtains the consent of the parties, it shall be transferred to mediation in time. Those who do not meet the conditions for mediation shall be informed of the litigation risks and go through the registration formalities in time. If the materials are incomplete, give guidance to the parties at one time; If the case cannot be filed immediately, explain the reasons and agree on the time for filing the case; Do not meet the registration conditions, legal interpretation and guidance.
The first mediator shall conduct mediation according to the principle of legality and voluntariness. If the parties are unwilling to mediate or cannot reach a mediation agreement, they will be transferred to the filing and trial procedures in time.
3. Civil, administrative and judicial departments and executive departments shall send judges and assistant judges on duty in turn. The formal requirements of common applications should be unified. Upon receipt of the application materials, a receipt shall be issued and carefully examined; If the materials are incomplete, give guidance to the parties at one time; Those that meet the formal requirements shall be handed over to relevant departments for handling in time.
4. Posts such as sending and receiving materials, inquiring and consulting, and contacting judges can be held by non-judicial personnel. Receiving and dispatching materials should be carefully counted and registered, and receipts should be issued to ensure timely handover. Verify the identity of the inquirer, help the inquirer in time, or guide the inquirer to use the self-service inquiry equipment. Listen carefully to the consultation of visitors, answer questions patiently, explain the legal provisions in detail, and provide litigation guidance.
5 window document delivery personnel can be served by non-judicial personnel. The service of documents shall be carried out in strict accordance with the law. If the parties raise questions about the judgment documents on the spot, they shall immediately notify the collegial panel to answer them, or the collegial panel shall make an appointment with the parties to answer them.
6. The petition reception judge shall receive the visitors in time, carefully review the petition materials, listen to opinions, and completely record the visiting information. Can answer on the spot, answer on the spot, can not be handled on the spot, according to the provisions of the agreed time limit. Abnormal petitions such as group petitions should be reported in a timely manner and properly handled to prevent conflicts from intensifying.
7. If the discipline inspection and supervision window is set up, the post of complaint suggestion shall be held by the personnel stationed by the discipline inspection and supervision department; If there is no window for discipline inspection and supervision, it can be served by other non-judicial personnel. Reports and complaints shall be handled in a timely manner in accordance with relevant regulations, and the confidentiality discipline shall be strictly observed; Summarize opinions and suggestions regularly and forward them to relevant departments.
8. The security personnel shall be held by bailiffs, who shall strictly observe their posts, enforce the law in a civilized manner, earnestly perform their security duties, and ensure the safety and order of the place.
Three. Litigation service network
(1) Infrastructure construction
1. Establish a litigation service network and improve the database of court public information, case process information and litigation electronic files supported by the litigation service network. Realize the mutual link and resource sharing between the litigation service network and the trial process open platform, the judgment document open platform and the execution information open platform (the three platforms of judicial disclosure).
2. Establish a communication service system to realize information sharing and interconnection with litigation service hall, litigation service network and 12368 litigation service hotline.
3. Improve the case flow management system and online office system, and realize the timely exchange of data with litigation service network and communication service system.
(2) Main functions
1. Information inquiry and litigation guide. From the date when the case is accepted, the parties, agents and defenders will log on to the web page with the inquiry password to inquire about the case information. The public can directly log on to the website to inquire about public information such as court institutions, personnel, work processes, effective judgment documents, commonly used laws and regulations and litigation guidance information. Provide commonly used electronic documents in document format, such as complaint, defense, application for execution, power of attorney, etc. For the parties to view and download. Through the communication service system, actively push the information of the main process nodes of the case to the parties, agents and defenders by means of SMS, WeChat, Weibo and mobile communication application client, or actively push the relevant case information according to the inquiry application, and actively push the public information.
2. Make an appointment to file a case and file a case online. If the parties submit the case materials through the Internet, and the filing judge meets the requirements for registration and filing online, he shall make an appointment for the parties and their agents to go through the filing procedures in the litigation service hall.
Explore the establishment of the authenticity appraisal mechanism of litigation behavior and realize the online registration of filing judges. Explore the establishment of an online payment system to provide online payment services for lawyers' fees and other expenses.
3. Accept applications and receive materials. The parties and others apply for property preservation, evidence preservation and entrusted appraisal through the Internet, and the judge reviews it online. If it meets the formal requirements, arrange for the applicant to submit a written application in the litigation service hall. Explore the establishment of the authenticity appraisal mechanism of litigation behavior, and realize the online review and handling of related applications by judges.
The parties, agents and defenders upload the case materials through the Internet, and the judge will reply after handling them.
4. Contact the judge and read the paper online. The parties, agents and defenders request to talk to the judge, make an appointment with the judge through the Internet, or leave a message for the judge on the public communication platform of specific cases, and the judge will reply after handling it.
Provide online marking service based on electronic litigation files. After password verification, the parties, agents and defenders may consult or download the files through the Internet in accordance with relevant regulations.
5. Online letters and visits and scheduled visits. The parties upload the complaint materials and make a complaint request, and the petition judge handles and answers the parties online through the online petition system. The parties apply for an appointment online, and the petition judge will make an appointment after review.
(3) Job requirements
1. The litigation service network is managed and maintained by specialized institutions and personnel to ensure normal operation; Relevant departments should be responsible for updating public information in time, and judges and auxiliary personnel should input case information in time to ensure the effective function of information inquiry and litigation guidance.
2. The online filing judge shall carefully examine the case materials submitted by the parties. Those who meet the conditions for registration and filing shall promptly notify the parties and their agents to go through the filing procedures in the litigation service hall or directly decide to file a case. If the submitted materials are incomplete, the parties concerned shall be instructed to complete them online at one time. Do not meet the registration conditions, reply to explain the law and make guidelines.
3. The online office system judges' personal terminals are all part of the litigation service network. The application and materials submitted by the parties reach the judge's personal terminal through data exchange, and the judge in charge shall reply in time within the specified time.
4. The online petition judge shall carefully examine the petition materials submitted by the petitioner, deal with them within the specified time, fill in the handling opinions and reasons completely, and reply to the parties online.
Iv. 12368 litigation service hotline
(1) Infrastructure construction
1. Open the litigation service hotline 12368, set up a special answering place, configure the necessary working facilities, realize the effective connection with the case flow management system, online office system, litigation service network and communication service system, and enjoy the basic database.
2. Conditional information can be pinyin, and a self-service voice response system can be established.
(2) Main functions
1. Information query. From the date of accepting the case, the parties, agents and defenders call the hotline to inquire about the case information through self-service voice; If the self-service voice response system is not established, the agent will answer questions or push the query results through the communication service system.
2. Litigation consultation. Provide advice on common procedural legal issues.
3. Contact the judge. If the parties, agents and defenders call the hotline to contact the judge, they will help to contact.
4. Appointment service. According to the conditions and actual needs, provide services such as helping to make an appointment for holidays and filing a case at home.
(3) Job requirements
1. Attendants may be non-judges, who are responsible for answering, recording, answering and transferring the hotline. To ensure that the hotline is open on weekdays, answer calls patiently and make records. Answer questions and consultations comprehensively and accurately; If you want to contact the judge, you should help contact him in time. If he can't be contacted in time, the judge will reply the caller within the specified time. Complaints and suggestions should be accurately recorded, promptly transmitted in accordance with relevant regulations, and strictly abide by confidentiality discipline.
2. The service hotline should have special management and maintenance personnel, and a self-service voice response system has been established to ensure the normal operation of 24 hours.
Verb (abbreviation of verb) system engineering
People's courts at all levels shall, according to the functions of litigation service hall, litigation service network and 12368 litigation service hotline, formulate working rules, standardize operational procedures, strengthen mutual connection, and ensure the standardized and efficient operation of the three litigation service platforms. Focus on establishing the following systems:
1. Standardize the service system. The three major litigation service platforms should clarify the handling time, duration and requirements of various service matters, and strictly implement them to ensure the standardization of litigation services.
2. Post responsibility system. The positions of the three litigation service platforms shall be assigned posts, personnel and responsibilities, with clear functions, clear tasks and consistent powers and responsibilities. The first staff to receive visitors and answer the phone is the person in charge of the first inquiry, and should do a good job in reception, telephone answering and registration seriously and responsibly. Handle matters within the scope of duties in a timely manner; For matters beyond the scope of responsibilities, timely hand over to relevant departments and personnel, and timely reply to visiting and calling personnel about handover and handover matters.
Establish a scientific assessment mechanism to conduct a separate assessment of the staff of the litigation service center.
3. Open system. The procedures and results of various litigation services should be recorded for the convenience of the masses to understand and inquire, and consciously accept the supervision of the masses. The three major litigation service platforms should establish a mass satisfaction evaluation system.
4. Presidential duty system. The trial business department arranges responsible comrades to be on duty in the litigation service center in turn to guide and deal with difficult problems and coordinate the work of various departments.
5. Supervise the prompt system. Judges and other staff members shall complete relevant litigation services within the specified time. If it is not completed within the specified time, the trial management system shall prompt its superior managers to supervise it step by step in a certain way.
6. Civilized reception system. The staff of the litigation service center should dress for their posts, be full of spirit, behave in a dignified manner, behave in a standardized way, be polite in service, have a civilized language, work efficiently and use proper methods.
Work requirements of intransitive verbs
1. Strengthen organizational leadership. People's courts at all levels should attach great importance to the construction of litigation service centers, insist on the president's personal grasp, and all departments fully cooperate. According to the overall requirements of the Supreme People's Court, the basic situation and actual needs of all localities, we should formulate specific work plans, define the construction time schedule and actively implement them.
2. Unified name. The litigation service places of the people's courts shall uniformly use the name of "litigation service center".
3. Strengthen system construction. The people's courts at all levels can build the daily management department of the litigation service center by relying on the filing court or according to their own actual conditions. Attention should be paid to strengthening coordination, and major issues should be studied and handled by the leaders in charge to ensure efficient work.
4. Strengthen team building. According to the requirements of "firm politics, proficient business, strict discipline, excellent style and noble morality", the litigation service center is fully staffed. Strengthen business training and implement regular rotation; Newly appointed judges and those to be appointed as middle-level leaders should go to the litigation service center to exercise, and take this center as the base for training and exercising cadres. Personnel can be classified and equipped according to different positions. Non-judicial posts can be held by retired judges and volunteers, and labor outsourcing can be explored.
5. Pay attention to publicity. People's courts at all levels should make full use of all kinds of social media and the self-owned media of the court system, increase the publicity of the construction of litigation service centers, enhance people's understanding, and strive for broad support from all walks of life for the construction work.
6. Strengthen supervision and assessment. The people's court at a higher level should strengthen measures, strengthen the inspection and acceptance of the construction of litigation service centers in lower courts, and promote the continuous deepening of construction work.