(Adopted at the 1689th Meeting of the Judicial Committee of the Supreme People's Court on July 25, 2016, and effective from October 1, 2016)
In order to implement the principle of open trials, standardize the Internet publication of judgment documents by people's courts, promote judicial fairness, and improve judicial credibility, in accordance with the "Criminal Procedure Law of the People's Republic of China", "Civil Procedure Law of the People's Republic of China", " Administrative Litigation Law" and other relevant provisions, these regulations are formulated in light of the actual work of the people's courts.
Article 1: People's courts shall publish judgment documents on the Internet in a legal, comprehensive, timely and standardized manner.
Article 2 China Judgment Documents Network is a unified platform for courts across the country to publish judgment documents. People's courts at all levels should set up links with the China Judgment Documents Network on their government affairs websites and judicial disclosure platforms.
Article 3 The following judgment documents produced by the People’s Court shall be published on the Internet:
(1) Criminal, civil, and administrative judgments;
(2) ) Criminal, civil, administrative and enforcement rulings;
(3) Payment orders;
(4) Notices of rejection of appeals in criminal, civil, administrative and enforcement cases;
(5) State compensation decision;
(6) Compulsory medical treatment decision or decision to reject compulsory medical treatment application;
(7) Implementation and change of penalty decision ;
(8) Decisions on detention and fines that hinder litigation or execution of actions, decisions on early release from detention, and decisions on review of detention, fines and other sanctions where applications for review are unsuccessful;
(9) Administrative mediation documents and civil public interest litigation mediation documents;
(10) Other judgments that have the effect of suspending or terminating litigation procedures, or have an impact on the substantive rights and interests of the parties, or have a significant impact on the procedural rights and interests of the parties. Documentation.
Article 4 If the People’s Court makes a judgment under any of the following circumstances, it will not be published online: (1) involving state secrets;
(2) ) A minor commits a crime;
(3) The case is concluded through mediation or the validity of the people’s mediation agreement is confirmed, except when disclosure is really necessary to safeguard national interests, social public welfare, and the legitimate rights and interests of others;
(4) Divorce proceedings or cases involving the custody and custody of minor children;
(5) Other cases that the People’s Court deems inappropriate to publish on the Internet.
Article 5 The people's court shall inform the parties in the case acceptance notice and the response notice of the scope of publishing judgment documents on the Internet, and announce the people's judgment to the public through government websites, electronic touch screens, litigation guides, etc. Relevant provisions for courts to publish judgment documents on the Internet.
Article 6 If the judgment document is not published on the Internet, the case number, trial court, judgment date and reasons for not publishing the case shall be announced, except where publishing the above information may reveal state secrets.
Article 7 A legally effective judgment shall be published online within seven working days from the date when the judgment takes effect. If you are dissatisfied with the first-instance judgment or ruling or file an appeal in accordance with the law, it shall be published online within seven working days after the second-instance judgment takes effect.
Article 8 When the People’s Court publishes judgment documents on the Internet, the following persons shall be kept anonymous:
(1) The parties involved in marriage, family, and inheritance dispute cases and their legal representatives;
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(2) Victims of criminal cases and their legal representatives, plaintiffs in attached civil lawsuits and their legal representatives, witnesses, and appraisers;
(3) Minors and their legal representatives agent.
Article 9 If anonymity is handled in accordance with Article 8 of these Regulations, it shall be handled according to the following circumstances:
(1) Keep the surname and replace it with "someone";
(2) For the names of ethnic minorities, keep the first character and replace the rest with "someone";
(2) For the names of ethnic minorities, keep the first character and replace the others with "someone" Replace;
(3) For the Chinese translation of foreigners and stateless persons, retain the first character, and replace the rest with "someone"; for the English translation of foreigners and stateless persons, retain the first character English letters, the rest of the content is deleted.
If there are duplicates after anonymizing different names, add Arabic numerals after the names to distinguish them.
Article 10: When the People’s Court publishes judgment documents on the Internet, it shall delete the following information:
(1) A natural person’s home address, communication method, ID number, bank account number, and health status , license plate number, movable or real estate ownership certificate number and other personal information;
(2) Bank account number, license plate number, movable or real estate ownership certificate number and other information of legal persons and other organizations.
(3) Information involving business secrets;
(4) Information involving family, personality rights disputes and other personal privacy issues;
(5) Information involving technology Information on investigation measures;
(6) Other information that the People’s Court deems inappropriate to disclose.
If the information is deleted in accordance with the first paragraph of this article and affects the correct understanding of the referee content, it shall be replaced with the symbol "×".
Article 11 When the People’s Court publishes judgment documents on the Internet, it shall retain the following information about the parties, legal representatives, litigation agents, and defenders:
(1) Except in accordance with Article 1 Except for the anonymity provided in Article 8, if the parties and their legal representatives are natural persons, their names, date of birth, gender, and district and county of household registration shall be retained; if the parties and their legal representatives are legal persons or other organizational legal persons, their names, date of birth, gender, and , the district and county where the household registration is located. If the legal representative is a legal person or other organization, the name, residence, organizational code, name and position of the legal representative or principal responsible person shall be retained;
(2) The entrusted agent or defender is a lawyer If the agent or defender is another person, the name, date of birth, gender, lawyer or lawyer shall be retained. The county and district where the grassroots legal service worker belongs; the reserved name, date of birth, gender, county and district where the registered permanent residence is located, and the relationship with the client if the entrusted agent or defender is another person.
Article 12 If the judge in charge of the judgment believes that the judgment is not suitable for publication online as specified in Article 4, Paragraph 5, he shall submit a written opinion and explain the reasons, and submit it to the deputy dean in charge for approval after review by the department head. .
Article 13: The Supreme People’s Court supervises and guides the online publication of court judgments across the country. The Higher People's Court and the Intermediate People's Court shall supervise and guide the online publication of court judgment documents within their respective jurisdictions.
The trial management offices of the people's courts at all levels or other institutions responsible for trial management functions are responsible for the management of the online publication of the court's judgment documents and perform the following duties:
(1) Organizing, Guide the online publication of judgment documents;
(2) Supervise and evaluate the online publication of judgment documents;
(3) Coordinate and handle public complaints and opinions on the disclosure of judgment documents;
(4) Coordinate the technical support and guarantee work of the technical department;
(5) Other related management work.
Article 14 People’s courts at all levels should rely on information technology to incorporate the disclosure of judgment documents into trial process management, reduce the workload of disclosure of judgment documents, and achieve timely, comprehensive and convenient disclosure of judgment documents.
Article 15: Judgment documents published on the Internet shall be consistent with the original judgment documents, except for technical processing in accordance with the requirements of these regulations.
If the people's court makes corrections to a judgment document, it shall promptly publish the corrected judgment document on the Internet.
The accepting judge shall be responsible for the consistency of the judgment document published online with the original judgment document and the standardization of technical processing.
Article 16 If a judgment document published on the Internet is inconsistent with the original judgment document or has been improperly handled technically, it shall be removed in a timely manner and republished after correction.
If a judgment document published on the Internet is found to have the circumstances listed in Article 4 of these Regulations upon review, it shall be revoked in a timely manner and dealt with in accordance with the provisions of Article 6 of these Regulations.
Article 17 The People's Court Information Technology Service Center is responsible for the operation, maintenance, upgrading and improvement of the China Judgment Documents Network, and provides convenience for all sectors of society to legally use the judgment documents disclosed on the website.
The China Judgment Documents Network realizes the interconnection of judgment documents according to the case numbers applicable to different trial procedures.
Article 18 These regulations will come into effect on October 1, 2016. If the judicial interpretations and normative documents previously issued by the Supreme People's Court are inconsistent with these regulations, these regulations shall prevail.