1, from the case of the filing stage to the trial stage to the implementation of the stage, have set up diversion measures, so that the case as if the disease, surgical go to the surgical number, internal medicine go to the internal medicine number, emergency go to the emergency room, hospitalized go to the inpatient department.
For example
The filing of triage:
The parties sued to the people's court of civil disputes, suitable for mediation, mediation first. If the mediation fails, you can continue to sue to the court, the court for trial.
In accordance with the provisions of the law, the parties reached a written arbitration agreement to apply for arbitration, shall not be sued to the people's court, inform the plaintiff to the arbitration institution to apply for arbitration. Here with the Arbitration Law want to link, to avoid increasing the court's litigation costs, so that the case can be the right way to get the right solution.
Procedural options diversion:
The Basic People's Courts and the courts it dispatches to hear civil cases other than those stipulated in the preceding paragraph, the parties may also agree to apply the simplified procedure. The parties may choose whether or not to use the summary procedure in order to avoid increasing the time and cost of litigation.
If there is no dispute between the parties and the conditions set forth in the supervisory procedure are met, the case may be transferred to the supervisory procedure.
Execution Triage:
Applications for the realization of a security right shall be filed by the secured property owner and other persons entitled to request the realization of the security right in accordance with the Property Law and other laws with the Basic People's Court at the place where the secured property is located or where the security right is registered. The people's court accepts the application, after examination, in accordance with the provisions of the law, the decision to auction, sell the secured property, the party may apply to the people's court based on the decision to execute; does not meet the provisions of the law, the decision to reject the application, the party may file a lawsuit to the people's court. This avoids even if the two sides have agreed to the security rights of the case still need to go through a big circle of litigation in order to achieve the purpose of the security rights.
2, small claims system, the implementation of the first instance
basic people's courts and the courts it dispatches to hear civil cases belonging to the simple, the subject matter of the provinces, autonomous regions and municipalities directly under the central government in the previous year the average annual salary of employed persons of less than thirty percent, the implementation of the first instance." The small claims system is a newly established system in this revision of the Civil Procedure Law, and the biggest difference between other cases applying the simple procedure, it is the first instance final trial. In the ongoing reform, China has seen a large number of cases involving consumer rights and interests protection, migrant workers' wage claims, simple disputes over private lending and microfinance borrowing, disputes over traffic collisions, and other small property damage disputes. In order to facilitate the timely resolution of conflicts and disputes and improve the efficiency of litigation, the small claims system has been established. The construction of the small amount program in line with the basic requirements of the concept of procedural safeguards, but this raises a number of questions: how to ensure that the small amount of litigation, whether in the fact-finding, or in the application of the law, and even in the procedural lawfulness of all can be satisfactory. Once the verdict is not satisfactory, how can the victims get legal and timely relief? This point also needs to be in the practice of continuous exploration, verification.
Second, for the difficult litigation, difficult to know the law, difficult to no money, difficult to find the court door or the defendant and so on, this amendment put forward a number of convenient, people-friendly measures.
1, for the difficulty of not knowing the law
The amendment stipulates: lawyers, grass-roots legal service workers; close relatives of the parties or staff; the parties in the community, the unit, and the relevant social organizations recommended by the citizens can become litigation agents, as long as the parties to win the trust of the parties to the lawsuit can be better for the parties in the process of providing legal and other aspects of the help, then the Qualified to become a litigation agent.
2, for the difficult to no money
Witnesses to perform the obligation to testify in court and the expenditure of transportation, lodging, meals and other necessary expenses, as well as the loss of lost time, by the losing party to bear the party. If the party applies for the witness to testify, that party shall advance the money first; if the party does not apply and the people's court notifies the witness to testify, the people's court shall advance the money first. As long as you determine that you are justified in the dispute, then well, it is best that the expenses of the witnesses are borne by the losing party. Even said, if the court to witnesses to testify, this money the court can first come to advance (of course, this situation is still difficult to appear, first of all, this is not a criminal case, the party who claimed that who adduced evidence, not to find the witness is generally regarded as no witnesses, then you have to bear the consequences of evidence can not be; and, secondly, the court funds are very tight, the probability of being able to advance the money for the party is extremely low.)
It is strongly recommended that the next amendment include the provision that the winning party's attorney's fees should be borne by the losing party, so as to ensure that the reasonable people have the will and the ability to defend their legitimate rights and interests. As far as I know, such a provision has already been implemented in Shanghai and Changchun, so that reasonable people dare to walk through the door of the court, so that unreasonable parties add more litigation costs as a punishment.
3, for the difficult to find the court door or the defendant's door
Jurisdiction for the problem, the amendment adds: contract or other property disputes can be agreed in writing to choose the defendant's domicile, the place of performance of the contract, contract signing, the plaintiff's domicile, the seat of the subject matter and other disputes with the actual connection of the location of the people's court, but shall not violate the provisions of this law on the level of jurisdiction and exclusive jurisdiction. and exclusive jurisdiction. So that the parties can anticipate that if they want to litigate, they will go to that court to sue, to avoid the embarrassment of not finding the door of the court.
For the evasion of litigation parties to serve the problem, the amendment puts forward the served person or his adult family members living with the refusal to receive the documents of the lawsuit, the server can invite the relevant grass-roots organizations or representatives of the unit to be present, explain the situation, in the return of the document of refusal of receipt of the reasons and date, signed or sealed by the server, the witness, and the documents of the lawsuit to stay at the residence of the served person; can also be left at the residence of the person to be served. Can be left at the residence of the person to be served, and the use of photographs, videos and other ways to record the process of service, that is deemed to be served. The addition of the use of photography, video and other means to record the process of service, in fact, these means have long been wise judges in practice a lot of use. The amendment to the use of legislative means to legalize this wisdom, so that the service is no longer tangled.
Also for the service of legal documents, the new law also specifically added, under the premise of the parties' consent, the court can send legal documents to the parties through electronic data and other forms to reduce the cost of litigation, to facilitate the parties to the litigation.
4, for the provision of evidence is difficult
In the litigation, the parties also have the headache of obtaining evidence. Over the past few years, electronic data as an important information, is widely used, the newly amended Civil Procedure Law with the times, the electronic data as evidence of the type to be determined for the parties to the evidence and rights to provide considerable convenience, the future QQ information, e-mail information, etc., can be used as evidence.
5, for the difficult to find referee information
Positively difficult for people to find the past judgment information, this amendment adds the referee documents public system, the referee documents public, is an important element of the public trial system, to improve the quality of the trial, the interpretation of the law to serve the judgment has an important role. The new law added provisions: the public can access the judgment and ruling that have come into force, but except for the content involving state secrets, commercial secrets and personal privacy. At the same time, it further specifies that the judgment and ruling should state the results of the judgment and ruling as well as the reasons for the judgment and ruling. So that the people can learn the law, know the law, use the law. This is also in line with the spirit of open government.
Third, this amendment improves the law's requirements for fairness and justice, so that the rights of the parties are more fully protected.
1, the demand for public interest litigation
On pollution of the environment, infringement of the legitimate rights and interests of many consumers and other acts detrimental to the interests of the social public ****, the organs and relevant organizations provided for in the law can bring a lawsuit to the people's court. The establishment of this provision so that China's public interest litigation system to take a leap forward. Remember when Professor He Weifang of Peking University in order to protect the environment, initiated a public interest litigation, but at that time the suffering of China's legislation has not been perfected, can not be within the law to achieve the purpose of the public interest people, make it look like Peking University law professors simply do not know the law, very sad. This legislation is finally in the field of environmental pollution, consumer protection and other areas to improve, I believe that public interest litigation will wind up, and its impact is far from being limited to litigation.
2, malicious litigation will be punished
Many parties use the means of litigation to achieve their own transfer of property or delay the purpose of the lawsuit, so that the law should uphold justice is maliciously utilized by people with ulterior motives. This amendment to the malicious collusion between the parties, attempting to infringe on the legitimate rights and interests of others through litigation, mediation, implementation, etc., the people's court shall reject the request, and according to the severity of the circumstances to be fined, detained; constitutes a crime, shall be investigated for criminal responsibility.
3, the new law increases the procuratorial supervision of civil proceedings.
The current Civil Procedure Law only provides for the protest a way to supervise. According to the pilot exploration in some places in recent years, the new law provides that the people's procuratorate has the right to supervise civil litigation in the form of procuratorial recommendations.
4, for the disqualification system
The amendment to the disqualification system to improve, added even close relatives of the litigation agent or with the litigation agent has an interest in the trial or public officials, should be disqualified provisions. This is quite important, because in reality, often the litigation agent will have more opportunities to contact the trial or public officials than the parties, and during this period there are more grounds for disqualification that can be accomplished, and the role intervened in the litigation is also greater. Therefore, the law clearly stipulates the people related to the litigation agent should also be recused, reflecting the requirements of the law on justice.
5, in the implementation of the implementation of the notice to avoid the implementation of the role of "information"
Implementation of the difficult "has always been plagued by the court and the parties to the difficult problem. In practice, the parties to circumvent the implementation of the implementation, to avoid the implementation of the numerous tricks. Before the amendment of the Civil Procedure Law, there is a "notice of execution" provisions, that is, before the court to take enforcement measures, first ordered the parties to fulfill the specified period, the late failure to perform, mandatory execution. However, this practice in judicial practice is contrary to expectations. The parties often take advantage of the opportunity to learn of this notice and quickly transfer the property to be executed, so that the notice of execution has become a trumpet of information. This amendment strengthens the implementation of measures, specifically adding provisions in the notice issued at the same time can be immediately taken to enforce measures, and to avoid the implementation of behavior sanctions.