Several Provisions of the Supreme People's Court on Strict Implementation of the Case Trial Time Limit System
Fa Interpretation [2000] No. 29
In order to improve litigation efficiency and ensure judicial fairness, According to the relevant provisions of the "Criminal Procedure Law", "Civil Procedure Law", "Administrative Procedure Law" and "Special Maritime Litigation Law", the People's Court has stipulated the following issues regarding the implementation of the case trial time limit system:
1. Trial deadlines and execution deadlines for various cases
Article 1 applies to ordinary procedures for first-instance criminal prosecution cases, first-instance criminal private prosecution cases in which the defendant is detained, and second-instance criminal prosecution and criminal prosecution cases. The trial period for private prosecution cases is one month, and shall not exceed one and a half months at the latest; the hearing of incidental civil litigation cases can be extended by two months with the approval of the president of this court. If one of the circumstances stipulated in Article 126 of the Criminal Procedure Law occurs, it may be extended for one month with the approval or decision of the Higher People's Court of the province, autonomous region or municipality directly under the Central Government; criminal complaints and criminal protest cases accepted by the Supreme People's Court shall be extended by The court decided that it could be extended by one month.
For first-instance criminal private prosecution cases where the defendant is not in custody and subject to ordinary procedures, the trial period is six months; if there are special circumstances that require an extension, it can be extended for three months with the approval of the president of this court. moon.
Criminal cases subject to summary procedures must be heard within 20 days.
Article 2: For first-instance civil cases that are subject to ordinary procedures, the trial period is six months; if there are special circumstances that require an extension, it can be extended for six months with the approval of the president of this court; it still needs to If it is extended, it can be submitted to the people's court at the next higher level for approval, and it can be extended for another three months.
The time limit for hearing civil cases using simplified procedures is three months.
For civil cases subject to special procedures, the trial period is thirty days; if there are special circumstances that require an extension, it can be extended for thirty days with the approval of the president of this court, but the voter qualifications must be reviewed before the election day case.
The time limit for hearing first-instance cases of ship collision and general damage is one year. If there are special circumstances that require an extension, it can be extended by six months with the approval of the president of this court.
The time limit for hearing first-instance cases of ship collision and general damage is one year. If there are special circumstances that require an extension, it can be extended by six months with the approval of the president of this court.
The hearing of appeal cases against civil judgments shall be limited to three months. If there are special circumstances that require an extension, it may be extended by three months with the approval of the president of this court.
The hearing period for appeals against civil judgments is thirty days.
The time limit for hearing an application for review of a civil judgment of fine or detention is five days.
According to the provisions of Article 250 of the Civil Procedure Law, the trial of foreign-related civil cases is not subject to the above-mentioned trial time limit.
The time limit for hearing civil cases involving Hong Kong, Macao and Taiwan shall be governed by the regulations for hearing civil cases involving foreign countries.
Article 3 The time limit for hearing administrative cases of first instance is three months; if there are special circumstances that require an extension, it may be extended for three months with the approval of the Higher People's Court. If the Higher People's Court needs to extend the time limit for hearing a case of first instance, it can be extended by three months with the approval of the Supreme People's Court.
The time limit for hearing administrative appeal cases is two months. If it needs to be extended due to special circumstances, it can be extended for two months with the approval of the Higher People's Court. If the High People's Court needs to extend the hearing of the second-instance case, it can be extended for two months with the approval of the Supreme People's Court.
Article 4 The time limit for a criminal case to be retried in accordance with trial supervision procedures is three months; if it needs to be extended, it can be extended for three months with the approval of the president of this court.
For civil and administrative cases that are ruled to be retried, the time limits for first instance and second instance shall apply respectively according to the different procedures applicable to retrial.
Article 5 Enforcement cases shall be concluded within six months from the date of filing the case, and non-litigation enforcement cases shall be concluded within three months from the date of filing the case; if there are special circumstances that require an extension, the case shall be extended after With the approval of the president of this court, it can be extended for three months. If it still needs to be extended, it should be reported to the Higher People's Court for record.
For cases entrusted with execution, the people's court shall handle the entrustment procedures within one month after the case is filed, and the entrusted people's court shall complete the execution within 30 days after receiving the letter of entrustment. If the performance is not performed within the time limit, a letter shall be sent to the entrusted people's court within fifteen days after the expiration of the performance period.
The penalty of confiscation of property in criminal cases should be implemented immediately.
The penalty of confiscation of property in criminal cases shall be executed within three months after the judgment or ruling becomes legally effective, and shall not exceed six months at the latest.
II. Calculation of case opening, case closing time and trial period
Article 6: The first-instance people’s court receives the indictment or execution application and upon review, determines that it meets the conditions for acceptance. , the case shall be filed within seven days; if the private prosecutor's private complaint or oral complaint is received, and upon review it is deemed that the conditions for accepting a private prosecution case are met, the case shall be filed within 15 days.
Criminal, civil, and administrative cases involving changes in jurisdiction shall be filed within three days after receiving the case file materials.
After receiving the appeal (protest) materials and case file materials transferred from the first-instance People’s Court, the second-instance People’s Court shall file the case within five days.
A case that is remanded for retrial or ordered to be retried shall be filed within the next day after receiving the ruling to be remanded or ordered to be retried and the case file materials.
Retrial cases subject to trial supervision procedures shall be filed within the next day after the arraignment or retrial ruling (decision) is made.
Article 7 The case filing authority shall transfer the case file materials to the trial authority within three days after deciding to file the case.
Article 8 The time limit for case trial shall be calculated from the day after the case is filed.
The trial period for a first-instance criminal case to be converted from a summary procedure to an ordinary procedure shall be calculated from the day after the decision is made to convert a first-instance civil case from a summary procedure to an ordinary procedure. , calculated continuously from the next day when the case is filed.
Article 9 The following periods shall not be counted as the trial period and execution period:
(1) The period during which the defendant in a criminal case undergoes psychiatric evaluation;
(2) ) If the court decides to postpone the trial of a criminal case due to another entrustment or designation of a defender, the defense preparation time shall be calculated from the date the case is announced to be postponed to the 10th day of the postponement;
(3) The prosecutor believes that the case If supplementary investigation is required and the collegial panel agrees to postpone the trial after a proposal to postpone the trial is made;
(4) During the second instance of the criminal case, the procuratorate takes more than seven days to review the case files;
( 5) The court decides to postpone the trial within one month because the parties, litigation agents or defenders apply to notify new witnesses to appear in court, obtain new evidence, apply for re-identification or investigation;
(6) ) Period for announcement and appraisal of civil and administrative cases;
(7) Period for hearing jurisdictional objections raised by parties and handling jurisdictional disputes between courts;
(8) Period for civil and administrative cases , during the period when the execution case has been audited, evaluated and liquidated by relevant professional institutions;
(9) During the period from suspension of litigation (trial) and execution to resumption of litigation (trial) and execution;
( 10) After the parties reach an enforcement settlement or provide an enforcement guarantee, the enforcement court decides to suspend the enforcement period;
(11) The superior people's court notifies the suspension of the enforcement period;
(12) Enforcement During the period of auction, sale, seizure, and seizure of property.
Article 10 The case is concluded on the day when the people's court pronounces a judgment or ruling or delivers a mediation letter to the last party to the case. If it is really necessary to entrust the people's court to pronounce and deliver the judgment, the people's court entrusted to pronounce and deliver the judgment shall deliver the judgment, ruling and mediation document to the entrusted people's court before the expiration of the trial period. The entrusted people's court shall deliver the judgment, ruling, and mediation letter within seven days from the date of receipt of the letter of entrustment.
If the people's court pronounces a judgment or order or serves a mediation letter under any of the following circumstances, it shall abide by the time for closing the case in accordance with the following provisions:
(1) If the service is withheld, the case shall be served with a lien. The day when the judgment is left at the domicile of the person to be served shall be the time for closing the case;
(2) If the notice is served, the day when the notice is released shall be the time for closing the case;
(3) If the case is served by mail, the case will be closed on the date when the mail is delivered
(4) If the case is delivered through the relevant unit, the case will be closed on the date when the party concerned signs the delivery receipt.
3. Application for extension of time limit: application for extension of trial time limit for cases
Article 11. In criminal public prosecution cases and criminal private prosecution cases, if the defendant is detained and the trial time limit needs to be extended, the trial period shall be extended. An application must be made to the Higher People's Court before the expiration of the seven-day trial period; in criminal private prosecution cases, if the defendant is not in custody and the trial period needs to be extended, an application must be made to the president of this court ten days before the expiration of the trial period. The application shall be submitted to the president of the court ten days before the expiration of the trial period.
Article 12: In civil cases, an application should be submitted to the president of this court ten days before the expiration of the trial period; if it is necessary to extend the trial period, an application should be submitted to the higher people's court ten days before the expiration of the trial period. .
Article 13: Administrative cases shall submit an application to the Higher People's Court or the Supreme People's Court ten days before the expiration of the trial period.
Article 14: Regarding the report of the lower people's court applying for extension of the trial period, the superior people's court shall make a decision three days before the expiration of the trial period and notify the people's court that applied for the extension of the trial period.
If the extension of the case handling period requires the approval of the president of the court, the president shall approve or make a decision before the expiration of the trial period.
IV. Transfer of Appeal and Protest Cases of Second Instance
Article 15: Defendants, private prosecutors, plaintiffs, and defendants in attached civil lawsuits file appeals through the People’s Court of First Instance. In a criminal case, the people's court of first instance shall transfer the appeal petition together with the case file and evidence to the people's court of second instance within three days after the expiration of the appeal period. In criminal cases where the defendant, private prosecutor, plaintiff or defendant in an incidental civil action directly appeals to the people's court at the next higher level, the first-instance people's court shall file the case file within three days after receiving the appeal petition transferred by the second-instance people's court. , the evidence is transferred to the people's court at the next higher level.
Article 16: In a second-instance criminal case protested by the People's Procuratorate, the first-instance People's Court shall, within three days after the expiration of the appeal and protest period, transfer the protest letter together with the case file and evidence to the second-instance People's Court. .
Article 17: In a second-instance civil or administrative case where one party files an appeal, after the first-instance People's Court receives the appeal petition, it shall send a copy of the appeal petition to the other party within five days. After receiving the statement of defense, the People's Court shall serve a copy to the appellant within five days.
The People's Court shall handle civil and administrative cases during the transfer period that are protested by the People's Procuratorate in accordance with the provisions of the preceding paragraph.
Article 18 If the People’s Court of second instance discovers that the materials of the appeal case are incomplete when filing the case, it shall notify the People’s Court of first instance within two days. The people's court of first instance shall make up the amount within five days after receiving the notice from the people's court of second instance.
Article 19 After receiving the notice of transfer of files from the people's court at the higher level, the lower people's court shall transfer all files and evidence within five days, and no later than ten days.
V. Supervision and inspection of case trial deadlines
Article 20 People’s courts at all levels should regard case trial deadlines as an important part of trial management and strengthen the management of case trial deadlines and supervision and inspection.
Article 21 The people's courts at all levels shall establish a system for urging people to sue before the expiration of the trial period.
Article 22 The people's courts at all levels shall establish a regular reporting system for case trial deadlines. Anyone who violates the provisions of the Procedural Law, exceeds the time limit for trial, or violates these regulations shall be notified.
Article 23 If a judge delays handling a case intentionally or delays handling a case due to dereliction of duty, causing serious consequences, he shall be punished in accordance with the provisions of Article 59 of the "Measures for Trial Disciplinary Sanctions of the People's Courts (Trial)" .
If a judge deliberately delays the transfer of case materials, or intentionally delays the delivery of case materials after accepting a service entrustment, he shall be punished in accordance with the provisions of Article 59 of the "Measures for Trial Disciplinary Sanctions of the People's Courts (Trial)".
Article 24 If the provisions on the probation period before the promulgation of these regulations are inconsistent with these regulations, these regulations shall prevail.