Measures of the People's Court for Filing Litigation Documents (1991)

I. General Provisions Article 1 All kinds of litigation documents of the people's courts are one of the important professional documents of the country, and the litigation files formed by them are the true records of the trial activities of the people's courts, reflecting the party's line, principles and policies, the implementation of national laws and decrees and the basic functions of the people's courts, and are also the important basis and necessary conditions for the people's courts to carry out trial activities. According to the relevant provisions of the Archives Law of People's Republic of China (PRC) and the characteristics of the litigation files of the people's courts, these measures are formulated. People's courts at all levels must do a good job in filing cases in strict accordance with the requirements of these measures. Article 2 The litigation documents of the people's courts shall be filed separately according to the categories of criminal, civil, economic and administrative cases, and according to the principles of year, trial level and case by case. The legal documents, official documents and letters formed from the acceptance of a case to the closing of the case all use the case number compiled at the time of acceptance. Article 3 All kinds of litigation documents must be written and issued with standard 16-inch office paper, and a brush or pen (ink or carbon ink, blue and black ink) should be used. Article 4 All kinds of litigation documents of the people's courts shall be divided into first-class volumes and second-class volumes according to the principles of confidentiality and convenience. Article 5 The people's court shall file litigation documents as one of the contents of the post responsibility system of the trial court. The contractor clerk is responsible for the collection, sorting and filing of files, the contractor judge and the president are responsible for checking the quality of files and supervising the contractor clerk to file on schedule. Second, the collection of litigation documents and materials Article 6 After the people's court accepts a case, the clerk begins to collect all kinds of litigation documents and materials related to the case and begins to file a case. After the case is closed, it is necessary to carefully check whether the documents and materials of the whole case are collected completely. If the legal documents are found to be incomplete, they shall be supplemented or corrected in time, and the materials irrelevant to the case shall be eliminated and sorted out again. Article 7 Generally, only one copy of litigation documents and materials shall be kept (except those instructed by the leaders), and all duplicate materials shall be excluded. Three copies of the court judgment, ruling and conciliation statement can be kept and put in the bottom bag for later use. Article 8 The documents and materials of a case subject to summary procedure execution may be merged with the files of the original trial and filed. The case documents and materials that need to be executed for a long time shall be executed independently with the receipt number of the case at the original trial level, and shall be kept together with the case file of the original trial after filing. The simple materials formed in the case of entrusted execution shall be handed over to the court of first instance for safekeeping. Article 9 The following litigation documents and materials can be handled by the organizer without filing: 1. Respond to the letters that visitors complain directly to the relevant units;

2. hand it over to the relevant units for handling;

3. envelopes, transfer orders and work materials with no reference value;

4. Repeated complaint materials with the same content;

5. Copies of laws and regulations;

6. Draft general legal instrument (not yet finalized);

7. materials irrelevant to this case. Third, the arrangement of litigation documents and materials Article 1 The general requirement for the arrangement of litigation documents and materials is to arrange them in the natural order of the formation of documents in the objective process of litigation procedures, taking into account the organic relations between documents. Article 11 The order of litigation documents in criminal cases of first instance is as follows:

(1) Portfolio; (2) the contents of the volume; (3) the case transfer book (receiving record); (4) The original indictment (private prosecution) and its annexes; (5) Serving the indictment; (6) Materials for hiring, appointing and entrusting defenders; (7) the decision of self-arrest, arrest warrant and notification to family members; (8) Search warrant, search record and list of seized articles; (9) Attachment order and attachment list; (1) decision and letter of guarantee on bail pending trial and medical release; (11) Return the supplementary reconnaissance letter and supplementary reconnaissance materials; (12) Withdraw the letter; (14) investigation record or investigation and evidence collection materials; (14) Identification conclusion and evidence of stolen goods; (15) interrogation record; (16) the defendant confessed and exposed the problem registration form and verification materials; (17) Decisions, reports and replies to extend the trial period; (18) Exchange of notices, subpoenas and pledge tickets before the court session; (19) Opening announcement draft; (2) court record (indictment, defense, witness testimony, defendant's statement); (21) The original written judgment and ruling (the original written mediation, agreement and ruling of the criminal incidental civil part); (22) written judgment (power of attorney and written judgment); (23) Receiving the written judgment or ruling; (24) judicial proposal; (25) trusteeship; (26) protest; (27) the appeal case is transferred to the stub; (28) A letter of withdrawal from the people's court at a higher level; (29) the judgment or ruling of the people's court at a higher level; (3) Execution notice stub and receipt (release certificate receipt); (31) the list of stolen goods and the evidence materials for handling the formalities; (32) Preparation form; (33) evidence bag; (34) the bottom of the roll.

The order of documents and materials related to death penalty and reprieve in the main volume of criminal cases of first instance is between (23) and (24):

(1) Review report on reprieve of death penalty and appeal transfer letter; (two) the judgment, ruling or reply of the Supreme People's Court or the Higher People's Court; (3) reply; (4) to execute the death penalty order; (5) Reports and replies on the suspension of execution of the death penalty; (6) Verification records before execution of death penalty; (7) a written record of execution of the death penalty; (8) Draft notice of execution of death penalty; (9) Report on the execution of the death penalty; (1) photos before and after the execution of the death penalty; (11) receiving the notification of the ashes or corpses of the families of the condemned prisoners; (12) registration form for corpse disposal.

after finishing the above litigation documents, continue to sort out the litigation documents after (24).