The "Implementation Opinions on Simplifying the Litigation Procedures for Quick Trial Cases" are now issued to you. Please implement them conscientiously in light of actual conditions.
July 8, 2020
Zhoukou Intermediate People’s Court
Recommendations on simplifying the litigation procedures of speedy adjudication cases
Simplify the litigation procedures for quick-trial and quick-trial cases, make the procedures for quick-trial and quick-trial cases more concise, simplify the process to shorten the time limit, reduce litigation costs, and achieve the goal of "quick trial of simple cases and careful trial of complex cases". According to the actual trial of our court, This plan was specially formulated.
Article 1: Based on the actual work, our court has established the first team, the first team, and the second team, marking a number of judges and executors in the administrative, criminal, and execution tribunals to hear civil, administrative, and Criminal cases, quick execution.
Article 2: Pre-trial conferences and evidence exchanges are generally not held before the trial of expedited cases. If it is really necessary to convene or organize, it should be carried out in a two-level centralized manner.
Article 3: Outpatient trials will be conducted for expedited cases. Before the trial, the judge's assistant will read court discipline to a certain number of parties to the case, inform them of litigation risks, inform them of litigation rights and obligations, ask whether to apply for recusal, and other procedural work, or notify the above matters in writing when serving a court summons, and the judge will hold the court in turn. Trial.
Article 4: Quick-adjusted cases may be heard in the evenings, on rest days, or legal holidays based on the parties’ application or trial needs. They may also be heard on a tour in the parties’ residences, offices, communities, and other places, and handled on the spot. .
Article 5: Quick-trial cases can be heard directly around the claims and are not subject to the restrictions of court investigations, court debates and other court procedures. If both parties indicate that there is no need for a time limit for producing evidence or a time limit for defense, the people's court may directly hold a hearing. If the party concerned has exercised the right of reply, the court session time shall not be restricted by the time limit for producing evidence and the time limit for reply.
The parties fill in the case element table to simplify the trial procedure based on the case elements. For types of cases such as labor disputes, traffic accidents, and marriage and family affairs where the case elements and trial points are relatively concentrated, for financial loan contract disputes, private loan disputes, sales contract disputes, motor vehicle traffic accident liability disputes, labor disputes, divorce disputes, Credit card disputes, government information disclosure, trademark authorization and confirmation administrative disputes, etc., can be gradually implemented on an element-based basis. , so as to determine the trial order based on relevant factors and combined with the litigation claims, and conduct court investigations simultaneously around the dispute elements. Undisputed elements should be confirmed directly by mutual consent.
Exploring simplified execution of property investigations. If it is discovered in other cases of the same period that the person subject to execution has no property available for execution, and the person applying for execution has no objection to the property status of the person subject to execution, the property investigation may be stopped.
For cases that are suitable for quick judgment and trial, it is recommended to use mobile micro courts to conduct online hearings to increase the rate of live streaming of court sessions.
Article 6: For simple civil and administrative cases of the same type or series filed by multiple parties, one case shall be first selected for a model trial to establish trial standards, and other cases shall be handled in batches with reference to the model case.
The types of disputes that can be applied to model litigation mainly include
(1) Commercial housing sales disputes
(2) Securities loss compensation disputes.
(3) Labor disputes
(4) Disputes infringing on consumer rights
(5) Product liability disputes;
( 6) Property management disputes;
(7) Environmental damage compensation disputes;
(8) Private lending disputes.
Article 7 For cases subject to expedited adjudication procedures, the judgment shall, in principle, be pronounced in court. When pronouncing a judgment in court, the judge shall determine the facts of the case in court, explain the reasons and basis for the judgment, and record it in the court transcript.
Advocate simple case mediation. If all parties have applied for mediation time, or if mediation is still available, the judgment may not be pronounced in court.
Article 8 For cases requiring quick ruling and trial, simple judgment documents such as elemental form, writ form, table form, etc. shall be applied according to the type of case to simplify reasoning. If it is performed immediately in court, the relevant information shall be recorded in the court transcript after seeking the consent of all parties, and no judgment document shall be issued.
Article 9.
Cases that are subject to expedited trial should generally be concluded within 10 days, and no more than 15 days at most; cases handled through expedited trial and quick handling should generally be concluded within 30 days, and no more than 60 days. However, during the expedited trial and expedited period, the time limit for the parties to file counterclaims and jurisdictional objections due to the addition or change of litigation claims shall not be included in the above time limit. If the trial time limit stipulated in the law and judicial interpretation is shorter than the above time limit, the time limit shall be followed in accordance with the law and judicial interpretation. .
Article 10 Cases for expedited judgment and trial shall be served as quickly and simply as possible. If the parties and their litigation representatives agree to accept electronic service, electronic service will be given priority. The service personnel should record the fax sending and receiving numbers, mail sending and receiving email addresses, sending time, and the name of the litigation document served, and print the fax sending confirmation form and the email sent successfully web page for future reference. If it is delivered via SMS, WeChat, etc. , the delivery personnel should record the sending and receiving mobile phone numbers, sending time, and the name of the litigation document served, and take photos of the content delivered through text messages, WeChat, etc. , and save them for future reference. If the parties and their litigation representatives refuse electronic service, they shall deliver the documents directly or by mail.
Article 11: Build a modern technology court to realize functions such as voice conversion, timely scanning of paper evidence to generate electronic dossier materials, etc., and actively use electronic audio and video recording, automatic speech recognition to generate text, etc. to replace clerks in recording court hearings. situation and effectively improve trial efficiency.
Article 12 These Measures shall be implemented from the date of promulgation.