Opinion on People's courts implementation of reforms to the case filing registration system

ALL TRANSLATIONS ON THIS SITE ARE UNOFFICIAL AND ARE PROVIDED FOR REFERENCE PURPOSES ONLY. THESE TRANSLATIONS ARE CREATED AND CONTINUOUSLY UPDATED BY USERS --THEY ARE FREE TO VIEW, BUT PROPER ATTRIBUTION IS REQUIRED FOR DISTRIBUTION OF THESE OR DERIVATIVE TRANSLATIONS.

Title: Opinion on People's courts implementation of reforms to the case filing registration system

Promulgating Entities:Supreme People's Court

Reference number:

Promulgation Date: 2015-4-15

Expiration date:

Source of text: http://news.xinhuanet.com/2015-04/15/c_1114977537.htm

为充分保障当事人诉权,切实解决人民群众反映的“立案难”问题,改革法院案件受理制度,变立案审查制为立案登记制,依照《中华人民共和国民事诉讼法》《中华人民共和国行政诉讼法》《中华人民共和国刑事诉讼法》等有关法律,提出如下意见。

I. The guiding thought of reforming the case-filing registration system

(1) Persist in the correct political orientation. 深入贯彻党的十八届四中全会精神,坚持党的群众路线,坚持司法为民公正司法,通过立案登记制改革,推动加快建设公正高效权威的社会主义司法制度。

(2) Persist in having the Constitution and laws as a basis. Safeguard parties exercise of their procedural rights in accordance with law, facilitating litigation by the parties openly, transparently, and effectively.

(3) Persist in requiring cases be filed and lawsuits accepted. Courts must accept cases that meet the legal provisions in accordance with law, units or individuals must not use any excuse to impede courts' acceptance of cases.

II. The scope of registration case filing

In any of the following circumstances, a case shall be registered and filed.

(1) litigation raised by citizens, legal persons or other organizations having a direct interest in the case, that has a clear defendant, specific litigation demands and factual bases, and is within the competence of the people's courts and the jurisdiction of the court accepting it;

(2) Administrative lawsuits raised by the target of administrative actions or other citizens, legal persons or other organizations with an interest in the administrative conduct, that have a clear defendant, specific litigation demands and factual bases, and are within the scope of cases accepted by the people's courts and the jurisdiction of the accepting court.

(3) Cases that are only handled upon a complaint, where the victim has evidence showing a minor criminal case, as well as where the victim has evidence showing that the public security organs, people's procuratorate and people's court should be pursuing criminal responsibility but have not pursued criminal responsibility, and the victim makes a complaint and has a clear defendant, specific litigation demands and evidence showing that the facts of the defendants' crimes, and it is within the jurisdiction of the people's court accepting the case;

(4) Where an effective judgment document has content on payment and enforcement standards and a clear subject of enforcement, and the rights-holder or their successor applies within the legally prescribed period, and it is within jurisdiction of the accepting people's court.

(五)赔偿请求人向作为赔偿义务机关的人民法院提出申请,对人民法院、人民检察院、公安机关等作出的赔偿、复议决定或者对逾期不作为不服,提出赔偿申请的。

In any of the following circumstances, do not register and file the case.

(1) It is an unlawful or doesn't meet the legally prescribed requirements for initiating a lawsuit;

(2) proceedings have already concluded;

(3) it involves harm to national sovereignty or territorial integrity, harm to national security, undermines national and ethnic unity, or undermines national religious policies;

(4) other litigation matters that do not within the courts' competence.

III. Registration and Case Filing Procedures

(1) Implement onsite case registration and filing. 对符合法律规定的起诉、自诉和申请,一律接收诉状,当场登记立案。 对当场不能判定是否符合法律规定的,应当在法律规定的期限内决定是否立案。

(2) Implement a one time comprehensive notice with supplements. 起诉、自诉和申请材料不符合形式要件的,应当及时释明,以书面形式一次性全面告知应当补正的材料和期限。 在指定期限内经补正符合法律规定条件的,人民法院应当登记立案。

(3) Handling of complaints, private prosecutions and applications that do not comply with the provisions of law. 对不符合法律规定的起诉、自诉和申请,应当依法裁决不予受理或者不予立案,并载明理由。 当事人不服的,可以提起上诉或者申请复议。 It is prohibited to not accept materials, not give a response and not issue a legal document.

(4) Strictly enforce case filing standards. It is prohibited to establish acceptance requirements beyond the legal provisions, and "local policies" on case case filing that do not comply with laws are to be fully cleared out and abolished.

IV. Complete a Set of Accompanying Mechanisms

(1) Complete diversified dispute resolution systems. 进一步完善调解、仲裁、行政裁决、行政复议、诉讼等有机衔接、相互协调的多元化纠纷解决机制,加强诉前调解与诉讼调解的有效衔接,为人民群众提供更多纠纷解决方式。

(2) Establish and improve pre-trial preparation procedures. 完善繁简分流、先行调解工作机制。 探索建立庭前准备程序,召集庭前会议,明确诉辩意见,归纳争议焦点,固定相关证据,促进纠纷通过调解、和解、速裁和判决等方式高效解决。

(3) Strengthen case filing service measures. 加强人民法院诉讼服务中心和信息化建设,实现公开、便捷立案。 推行网上立案、预约立案、巡回立案,为当事人行使诉权提供便利。 加大法律援助、司法救助力度,让经济确有困难的当事人打得起官司。

V. Sanction unlawful abuse of litigation

(1) Punish false lawsuits in accordance with law. Where there is malicious collusion between the parties, or someone else is impersonated to file a lawsuit, in an attempt to use litigation, mediation or other means to infringe upon the lawful rights and interests of others, the people's Court shall reject the demands, and give fines or detention; where a crime is constitute, criminal responsibility shall be pursued in accordance with law.

(2) Sanction unlawful conduct in accordance with law. Fines or detention are given to those who do not heed judicial employees discoragement and raise a ruckus, linger or charge the courtroom; who use violence, threats or other means to impede judicial officers from performing their duties; or who fabricate facts, insulting and defame judicial officers, seriously disturbing the registration and case filing work; and where a crime is consituted criminal responsibility is pursued in accordance with law.

(3) Preserve the order of case filing in accordance with law. The public security organs give warnings, fines, administrative detention and other penalties in accordance with the Public Security Administrative Punishment Law to those unlawfully surrounding, holding sit-ins, petitioning to entangle or cause disturbances, or charging the court, disrupting the people's courts' case filing in accordance with law; where a crime is constituted, criminal responsibility shall be investigated according to law.

(4) Complete relevant legal systems. Strengthen honesty in litigation, regulating the exercise of litigation conduct. Promote and improve relevant legislation, clarifying the standards for administrative punishments, judicial punishments, and criminal penalties against false and malicious litigation, increasing the force of punishments.

VI. Truly Strengthen Supervision of Case Filing

(1) Strengthen internal supervision. People's courts shall make the case filing procedure public , regulate case filing conduct and strengthen oversight of the case filing process. The people's court at the level above fully brings into oversight functions over appeals, and where the lower court has a case but has not filed, order it to make prompt corrections. When necessary, jurisdiction may be at a higher level or a lower level court may be designated to file the case and hear it.

(2) Strenghten external supervision. 人民法院要自觉接受监督,对各级人民代表大会及其常务委员会督查法院登记立案工作反馈的问题和意见,要及时提出整改和落实措施;对检察机关针对不予受理、不予立案、驳回起诉的裁定依法提出的抗诉,要依法审理,对检察机关提出的检察建议要及时处理,并书面回复;自觉接受新闻媒体和人民群众的监督,对反映和投诉的问题,要及时回应,确实存在问题的,要依法纠正。

(3) Strengthen the pursuit of liability. Inspection departments of people's courts shall increase the force of disciplinary enforcement and supervision in case filing work. 发现有案不立、拖延立案、人为控制立案、“年底不立案”、干扰依法立案等违法行为,对有关责任人员和主管领导,依法依纪严肃追究责任。 造成严重后果或者恶劣社会影响,构成犯罪的,依法追究刑事责任。

People's courts at all levels should earnestly implement the spirit of this Opinion, truly strengthening leadership, clarifying responsibility, making careful deployments, refining organization and ensuring that case filing registration reforms are successfully implemented.

 

Tip Us!

Be the first to comment

Leave a Reply

Your email address will not be published.


*