1, set up small claims system execute a court

The new revised civil procedure law provides for the establishment of small claims litigation system for the first time.

Many civil cases is a simple civil case facts are clear, less controversial. The provisions of the civil procedure law trying simple civil cases in which summary procedure. To perfect the summary procedure, to improve the trial efficiency, reduce litigation costs, reasonable use of judicial resources, has the vital significance.

To solve a wide range of civil disputes, according to some local pilot to explore and learn from foreign good practices, the new revised civil procedure law is part of the application cases of summary procedure set up small claims litigation system, "subject to the provinces, autonomous regions, municipalities directly under the central government last year on the average annual salary of workers below thirty percent". These cases execute a court.

   According to statistics,2011The national average wage of employed persons in urban units for41799According to the calculation of thirty percent yuan, the national majority of provinces, city12000Multivariate. At the same time, increase provisions: the people's court in the trial process, found that the summary procedure is not appropriate for the case, ruled to the ordinary procedure.

[that] lawyer

The current civil procedural law for the unity of civil case implementation of second instance court, that is to say the partyThe verdict of the first trial, has the right to a higher court of second instance, the second trial does not take effect before the end of the first trial. But in the judicial practice, the individual parties to delay the trial court of final time, extend the implementation period, finds that the facts are clear, the first instance judgment without the correct application of law still appeal, a simple case can sometimes be delayed a year or even longer; on the other hand, such as simple tort, loan, lease dispute case the right to litigation, suffer from too long a time, rights are not timely relief and give up the action, and by some non normal or even illegal means to exercise "private relief", causing a greater loss.

In view of the above situation, the new civil procedure law for the case of small amount, for summary trial, adding "system of one trial", helps to reduce the parties v.tired, saving judicial resources, and realize the fairness and justice.

In my opinion, the establishment of the system, through the basic principles of civil litigation---The basic principle of two-tier trial system. Not because the subject small cases, depriving the litigant's appeal right. If the courts at the grassroots level play favouritism and commit irregularities, illegal phenomenon what to do, and not through an appeal to the relief, the legitimate rights and interests of these people is how to protect, in my opinion, the system, in the judicial practice, not operable.

2,For the first time to the provisions of the act preservation problem

The revised civil procedure law to further improve the security system for the first time, to the provisions of the act preservation problem.

Current civil procedure law does not stipulate the act preservation problem. The intellectual property infringement cases sometimes need to prevent the parties to a certain behavior or to demand a certain behavior, to stop infringement, to prevent the expansion of the injury. Copyright law, patent law, trademark law, maritime litigation special procedure law has made the relevant provisions.

The new modification of the Civil Procedure Law added provisions in this regard in the preservation of property: the people's court may if a party's acts or other reasons, the decision to execute or other damage caused by the case, according to the request of the other party, be a ruling, the preservation of property shall be ordered to make certain behavior or prohibited make certain behavior; the absence of such application, the people's court may rule the preservation measures when necessary.

[that] lawyer

The current civil procedural law provisions, may be due to a party's acts or other reasons, the impossible or hard to execute the judgment of the court case, according to the application or the authority to adopt property preservation measures, but the preservation measures is limited to the property seizure, seizure, freezing and other measures. The new law will "shall be ordered to make a certain behavior or to prohibit certain acts as the new" preservation measures, to ensure the execution of the judgment, avoid the decision before the commencement of a behavior to the other party irreparable damage, plays an important role in.

For example: there are people published articles and photos privacy or the right of reputation, the right of portrait in a blog or website, the infringer and victim refused to remove, even through the lawsuit wins, bad influence has lasted for a long time. According to the new civil procedure law, the victim can apply to the court for a pre litigation preservation in the first time, the court may order the infringer to related sites immediately or remove infringing blog, the victim's damage to a minimum.

　3, civil dispute mediation mediation suitable to

The new modification of the civil procedure rules to increase, the prosecution to the court for civil disputes, mediation, conciliation, the parties to the mediation except.

Our country is in the social contradictions period, all kinds of civil disputes increase day by day, give full play to the role of mediation, as far as possible disputes at the grass-roots, settled at the local, to resolve conflicts and disputes, and promoting social harmony and stability, has the important meaning. Therefore, the new revised civil procedure law perfected the mechanism linking mediation and litigation, mediation of increased provisions.

Mediation as an effective way to resolve disputes, has the procedure simple, flexible, self fulfillment rate etc.. Without the approval of the people's mediation of disputes, the prosecution to the court, can mediate first; through the people's mediation fails to reach an agreement of mediation of disputes, the prosecution to the court, can also mediate first. Therefore, the new revised civil procedure law to increase the above-mentioned provisions.

4,To further improve the pre-trial preparation procedure

The new modification of the civil procedure law to further perfect the preparation procedure before trial.

The new revised civil procedure in the treatment before the court for the prescribed procedures in case of different: there is no dispute on the parties, in accordance with the procedure for hastening debt recovery requirements, into the supervising procedure; before the court can mediate mediation, to take timely settlement of disputes; the case according to the situation, determine the application of summary procedure or ordinary procedures necessary to conduct a trial; by request, the parties concerned to exchange evidence and so on, clear the focus of controversy.

5,The public can access to effective judgment ruling

The new modification of the civil procedure law perfect judicial public system.

Judicial public trial, to improve the quality, release the canonic judgment plays an important role in. The new modification of the civil procedure rules: increase public access to a legally effective judgment, ruling, except those involving state secrets, commercial secrets or personal privacy content. At the same time, further stipulates, judgments, rulings should be written judgment, ruling the judgment, ruling and reason.

6,Gives party identification procedure rights

The new law gives the parties modify start identification procedure rights.

The new modification of the civil procedure law to increase provisions: special issues the parties may apply to the people's court to ascertain the facts of identification. If the parties apply for identification, through consultation by both parties to determine the appraiser qualification; consultation fails, designated by the people's court. The parties disagree or the people's court that his testimony necessary for the appraisal, the appraiser shall appear in the court. After the people's court shall notify, identification of refusing to testify in court, expert opinion may not be used as the basis for the establishment of facts.

7,The parties may agree to apply summary procedure

The new modification of the civil procedure law to expand the scope of application of summary procedure.

According to the parties concerned have the right to dispose of the civil rights and litigation rights principle, revised civil procedure rules to increase, other civil cases except for simple civil cases, the parties may agree to apply summary procedure.

The new modification of the civil procedure law also stipulates trying a simple civil case, the basic people's court and the tribunals dispatched by it may use simplified methods, to summon the parties and witnesses, litigation documents, the trial of the case, but should guarantee the party statement right.

8,To increase the scope of supervision procuratorate civil litigation, and increase supervision law mode of procuratorial suggestions.

The new modification of the civil procedure law increases the procuratorial organs supervision on civil litigation.

The procuratorial organ to exercise legal supervision over civil action, is the guarantee to exercise jurisdiction in accordance with the law, an important system in the correct implementation of the law, to promote judicial justice, safeguard social and public interests, which plays an important role in.

The current civil procedure law only provides a way of supervision of protest. In recent years, some local pilot exploration, new modifications of the civil procedure rules to increase, the people's Procuratorate has the right to exercise legal supervision over the civil procuratorial suggestions on ways to.

The new revised civil procedure law also provides that: illegal judicial personnel of people's procuratorates at all levels except for the procedure for trial supervision other trial procedure, have the right to put forward the proposal to the people's courts at the same level.

[The lawyer thought]

   The new civil procedure law article14Article: "the people's Procuratorate has the right to exercise legal supervision over the civil litigation." According to this provision, it's Procuratorate to the court case, case filing, trial, execution, retrial of civil litigation the whole process of legal supervision right. The Civil Procedure Law Article14Article: "the people's Procuratorate has the right to exercise legal supervision over the civil trial." This article only will "civil trial" to "civil", the procuratorate supervision on civil litigation is extended to the whole process of the civil litigation.

　9, the civil enforcement activities into the legal supervision

The new modification of the civil procedure law to expand the scope of supervision, will be included in the scope of legal supervision of civil execution.

The current civil procedure law does not specify the civil execution and the people's court mediation activities to implement the procuratorial supervision. The implementation of activities of some party malicious collusion, public interests through the mediation agreement damages the social situation, the revised civil procedure law to the people's Procuratorate has the right to exercise legal supervision over the civil trial activities, to the people's Procuratorate has the right to exercise legal supervision over the civil litigation, the civil enforcement activities into the legal supervision.

At the same time increased, the people's Procuratorate for the performance of the legal responsibilities of supervision required retrial procuratorial suggestions or protest, can the party or an outsider investigations to verify the situation.

10,Part of the case may apply to the court for retrial

The new modification of the civil procedure rules to increase the case: a large number of, can also apply to the people's court for retrial.

The consideration is, the trial supervision procedures to correct the wrong, safeguard judicial justice, protect the lawful rights and interests of the parties, plays an important role in. Provisions of the civil procedure law, the parties believe that decision, ruled that there was a mistake, may apply to a people's court at a higher level for retrial. In some cases, a party number more, by the people's court for retrial, to ascertain the facts, to resolve disputes in the local.

At the same time, the new revised civil procedure law could also improve the retrial case to suspend the implementation of the relevant provisions of: in accordance with the procedure for trial supervision retrial case, ruled that the suspension of the original judgment, ruling, the conciliation statement execution, but the recourse of alimony, maintenance, upbringing, pension, medical expenses, labor compensation cases, can not suspension of execution.

11,Apply for a retrial time shortened to six months

Provisions of the civil procedure law, the party applying retrial, should be in the judgment, ruling made two years after taking legal effect; two years later, according to legal instruments to make the original decision, ruling is revoked or changed, and found that the judicial officers have corruption takes bribes, play favouritism and commit irregularities, perverting the law behavior in the trial of the case, since the aware or should be made within three months to know the day.

So, one is two years of applying for retrial period is too long, is not conducive to the stability of the legal relationship; two is put forward within three months of the retrial is too narrow.

Therefore, the revised civil procedure law provisions is amended as: the parties to apply for a retrial, the judgment, ruling shall take legal effect within six months proposed; new evidence, to reverse the original judgment, ruling, the original judgment, ruling the main evidence for ascertaining the facts is false, according to legal instruments to make the original decision, ruling is revoked or changed, and the trial of the case with corruption and bribery, play favouritism and commit irregularities, perverting the law behavior, self aware or should be made within six months to know the day.

　12, the fees shall be borne by the losing party burden

The revised law stipulates the obligation to testify in the court, for the performance of their transportation, accommodation, meals and other necessary expenses and loss, shall be borne by the losing party burden. If the parties apply for the witnesses, the parties to advance; no client application, the people's court shall notify the witness, the people's court to advance.

The new modification of the civil procedure law also stipulates, notified by the court, the witness should appear in court as a witness. Any of the following circumstances, the people's court, the written testimony, audio-visual transmission technology or audio-visual materials such as: evidence for health reasons can not appear in court; because journey is distant, traffic inconvenience can not appear in court; as a result of natural disasters and other force majeure can not appear in court; other legitimate reasons can not appear in court.

13,Appointing expert witness

The new modification of the Civil Procedure Law added provisions, the parties may apply to the people's court notice with specialized knowledge appearing in court, comments made on identification of the expert opinion or professional problems.

The provisions of this consideration is, medical accidents, environmental pollution and IPR, professional and strong, in order to ascertain the facts, to distinguish between right and wrong, safeguard the legitimate rights and interests, need experts during the trial to provide professional advice.

14,The Civil Procedure Law revised added provisions of public interest litigation, public interest litigation system first step towards breaking method.

In recent years, environmental pollution and food safety incidents continue to occur, the National People's Congress and the several proposed to increase public interest litigation in the civil procedure law. Therefore, the new revised civil procedure law provisions on environmental pollution, increase: against numerous consumer legitimate rights and interests damage the public interests, the law of the organs, organizations can bring a lawsuit to the people's court.

Such as Yunnan Qujing chromium slag pollution of Bohai Bay, Penglai19-3Oil spillage oil, Shanxi killed nearly 100 children high-temperature metamorphic vaccine inoculation...... In recent years, whenever there is caused by environmental pollution and food safety issues such as against the public interest, public interest litigation will become the focus of attention of the whole society.

In judicial practice, the civil law for the first time to write the contents of overhaul of public interest litigation, are seen as the biggest bright spot. The new regulations make China public interest litigation legal system of ice made a big step.

[that] lawyer

The current civil procedural law not as cases of public interest litigation type. The new civil procedure law the new types of public welfare lawsuit, the pollution of the environment, a wide range of violations of consumer rights and interests, damage the public interests litigation cases, included in the category, and the provisions of the relevant agencies and organizations authorized by law can be used as the plaintiff.

At present, China has no legal authority to the relevant authorities or organizations filed public interest litigation, public interest litigation trial principle, procedure, responsibility, reward and is divided into a series of problems in theory and system of income, also need to fumble ceaselessly in practice, study and perfect. But after all, Chinese public interest litigation procedure has opened the door.

15, the partiesChoice of court, should be "effectively connected sites and controversy"

The new civil procedure law thirty-fourthContracts or other disputes over property rights and interests of the parties to a written agreement to choose the place where the defendant has his domicile, the performance of the contract, the contract is signed, the plaintiff's domicile, the subject matter is locatedUnder the jurisdiction of the people's court, the place that is actually related with the dispute, but not in violation of the provisions of this Law regarding jurisdiction by level and exclusive jurisdiction.

　　[that] lawyer

Current civil procedure law have established the "agreement jurisdiction" system, namely, the parties may by agreement, to choose contract or the property dispute cases under the jurisdiction of the court to prosecute the future. The new civil procedure law in the current civil procedure law "provisions of the domicile of the defendant, the performance of the contract, the contract is signed, the plaintiff's domicile, the subject matter is located"5"Fixed" agreed jurisdiction, increase the "actual connection with the dispute, the original location"5"Fixed" jurisdiction into actual contact lists, the agreement jurisdiction is more flexible in practice. In addition, the scope of agreement jurisdiction of the case, from the original only applies to "contract dispute", to "contract or other property disputes".

In the application of the agreed jurisdiction, the need to pay attention to is, first of all can not violate the provisions of jurisdiction. Second, the agreed place and not dispute without any real contact.

For example: the issue IOU to neighbor borrowed 100000 yuan and an old man in Shijiazhuang live, both sides cannot agree that the dispute by the Shijiazhuang intermediate people's court or the Supreme Court of Hebei Province under the jurisdiction of bill, that would violate the "provisions of jurisdiction by level". The two neighbors is not agreed with the loan has no connection to the jurisdiction of the court of Beijing. But if the old man's son to neighbors offered jointly and severally guarantee for repayment, son live in Beijing City, Chaoyang District, Beijing City, Chaoyang District has become the actual contact locations and loan disputes, the District People's court as stipulated under the jurisdiction of the court.

16, the rapid service of legal documents, improve the efficiency of trial

The new law has served the first paragraph of article eighty-seventh people agree, the people's court may use fax, email to confirm the receipt of litigation documents, but the judgment, ruling, mediation book except.

　　[that] lawyer

In judicial practice, some parties due to travel in the field or moving, often can not receive the court post indictment, pleading, evidence, the court summons, notice of appeal and other legal instruments, sometimes losing proof, defense and other procedural rights. There are also individual parties to delay the trial period, the court did not receive the service of legal documents, the court can only lead to a service of legal documents in the form of notice. These conditions have greatly increased the judicial cost, prolong the case closed time.

The new civil procedure law added a new mode of service, so the court can the parties agree, by fax, e-mail and other convenient way to judgment, ruling in the legal document, the book beyond the mediation paper, effectively improve the trial efficiency, reduce the fatigue of the parties concerned.

17,The court shall not accept the lawsuit, must issue a ruling, protect the litigation rights of the parties

The new civil procedure law article 123rd the people's court shall safeguard the parties in accordance with the law to enjoy the right to sue. In accordance with the law article 119th prosecution, must accept. In line with the conditions for prosecution, shall be filed within seven days, and notify the party concerned; do not meet the conditions of prosecution, shall make a ruling within seven days, will not be accepted; the plaintiff is dissatisfied with the ruling, it may file an appeal.

　　[that] lawyer

"On file" has been the common people often reflect the problem. Current civil procedure law stipulated that: it does not meet the statutory conditions of prosecution court prosecution, have the right to rule not to accept, the plaintiff is not satisfied with the ruling, may appeal in accordance with the law. But some local court, received the plaintiff indictment, to the prosecution material grounds, unresponsive, the complaint does not meet the requirements, only in oral form to make inadmissible decision, caused the plaintiff appeal rights can not be the normal exercise.

The new civil procedure law clearly stipulates, in line with the conditions for prosecution, must be filed within seven days, inadmissible decision must be made in writing, in order to effectively protect the litigant's right of suit.

18, false, malicious prosecution tort litigation through escape execution behavior, will be punished by the law

Between the new civil procedure law article 112nd party malicious collusion, in an attempt to litigation, mediation, infringes upon the lawful rights and interests, the people's court shall reject the request, and according to the seriousness of the circumstances, impose a fine of detention; constitutes a crime, shall be investigated for criminal responsibility according to law.

Article 113rdThe execution of malicious collusion with others, through litigation, arbitration, mediation and other ways to escape to perform the obligations specified in the legal document, the people's court shall according to the seriousness of the circumstances, impose a fine of detention; constitutes a crime, shall be investigated for criminal responsibility according to law.

　　[that] lawyer

In judicial practice, there will be the parties to achieve the purpose of appropriation of property or to escape execution, collude with others "processing" some "self" lawsuit, the court's decision, others will just property to "friends", this is a typical false litigation or malicious action.

For example: a civil case, the defendant lawsuit, the plaintiff may apply to the court for compulsory execution in the process, the defendant colluded "friends" common forged large IOUs, let "friends" Sue themselves, and in the proceedings to quickly reach a mediation, the defendant under the name of the property transferred to the name of "friends", so that the effective judgment became unable to implementation of the "white". The provisions of article two of the new civil procedure law added, the false action of malicious litigation, the court does not support, but also directly to the court for "party" judicial detention, fine rights, until it shall be investigated for criminal responsibility.

　　The lawyer thought:

　　False action of malicious litigation, if the circumstances are serious, it may violate the criminal law, constitute a crime of fraud, crime of refusing to execute judgments, obstruction of witnessing such as criminal, hope "parties" not to defy the law.

　　

19,The procedure of second instance trial conditions

The revised civil procedure law has further defined the procedure of second instance trial conditions.

The current civil procedure law must not hearing provisions is not clear enough for civil cases of second instance, there are many civil cases in the procedure of second instance without hearing written decision, so in practice, should further understand the procedure of second instance trial conditions.

The new law will modify the current civil procedure law is amended as: the people's Court of second instance cases on appeal, shall form a collegial panel, trial. After the examination, investigation and questioning the parties, no new facts, evidence or reason, the collegial panel considers that it is not necessary to conduct a trial, the trial can not.

20,Connecting with the relevant provisions of Arbitration Law

The new modification of the Civil Procedure Law of the people's court unification of refusing to execute the arbitral award revocation and standard of review on the application.

The current civil procedure law provides for the disallowed execution of an arbitral award review of conditions, which provides the main evidence "fact finding" insufficient ", there is error in the application of the law". The arbitration law apply for revocation of an arbitral award review of conditions, which stipulates that "ruling based on evidence that is false", "the other party has concealed enough to affect the impartiality of ruling". The people's court for refusing to execute the arbitral award application review broader than the cancellation of the arbitration award application review, is not reasonable, therefore, should be based on the actual situation of China's arbitration, unified standard of review.

The new modification of the civil procedure law has made the corresponding revision according to the relevant provisions of arbitration law. 　　

21, missing third people lead to wrong verdicts, third people can be sued directly change the original judgment

   Increase the provisions of the new modified procedure on the third provisions, because you cannot blame me for not to participate in the litigation, but there is evidence that a legally effective judgment, ruling, mediation book all or part of the error, damage the civil rights and interests, can he knows or should know within six months of its the civil rights of the date of injury, to make the judgment, ruling, the people's court mediation. The people's court, the claim is established, shall be changed or reverse the original judgment, ruling, mediation; litigation request is not established, dismissed the action request.

　　[that] lawyer

The current civil procedural law provisions, for the effective judgment, ruling, unless in accordance with legal procedures, start to the procedure for trial supervision or revoked, general force or mandatory, any court, arbitration institution may not make the opposite decision and adjudication. If there is an effective judgment because third people not to participate in the litigation, and made the wrong decision, the only third people in the court to start the retrial procedure, retrial procedure and after (only the retrial retrial may undergo a trial, second instance) will the original judgment may be amended or cancelled, litigation, safeguard their the legitimate rights and interests. The play "two case" more litigation process complex, often can last for years.

Case playback: a developer years ago, would have been sold to the owners of commercial housing (not for real estate certificates), the illegal use of land "in the construction" in the form of mortgaged to the bank to obtain loans, after the expiration of the loan, the bank direct prosecution developers court developers repayment, the repayment of bank loans1Billion yuan and interest, and ordered banks to mortgage the house to enjoy the right of mortgage. And the owners until the court posted the announcement of the implementation, have learned to buy their own and in years of housing risks faced by the court for compulsory execution.

When the owners sued developers for the property permits, but was told the house on the banks of a mortgage, unable to handle the real estate certificate. Industry mainly want to get the real estate certificate, must pass through the retrial procedure, to revoke the bank enjoy mortgages the original effective judgment, in order to re prosecution developers. The case after a few years, is still in the retrial process.

The new law gives no fault of the third person without the trial supervision procedures, direct prosecution. As in the case of the owners, can not the retrial procedure, directly to make the original verdicts of the court, request directly to the mortgage banks due to illegal set null and void, and asked developers to perform the contract, handle the real estate certificate. The author thinks that will reduce the parties v.tired, is of positive significance to improve the judicial efficiency of error correction.

   The judicial interpretation is a historic breakthrough, the content mainly includes seven aspects: perfecting the mediation and litigation mechanism linking; further safeguard the litigation rights of the parties; perfect the system of burden of proof; increased public interest litigation; perfect the summary procedure; strengthen the legal supervision; perfecting the procedure for trial supervision; improve the implementation of procedures.