Draft amendment to the Civil Procedure Law of three instance

Amendment to the civil procedure law the third draft was submitted for deliberation

The case against the increase of outside relief procedures

Legal Daily 2012-08-28(2The National People's Congress legislation)  Modification of the Civil Procedure Law
Newspaper in Beijing8Month27Daily news reporter Chen Liping27Began in Beijing held the eleven session of the twenty-eighth National People's Congress Standing Committee meeting of the third review draft amendment to the civil procedure law. The new draft added outside the case against the relief program.
In the previous review,Some member of standing committee members put forward,The malicious lawsuit,In addition to compulsory measures should be applied to obstruction of civil procedure, a fine or detention shall be investigated for criminal responsibility according to law,Should also increase in the civil case against outside in the relief channel. The NPC Law Committee by research,Proposal to increase the provisions in the civil procedure law about third people in the provision of,Because you cannot blame me for not to participate in the proceedings,But there is evidence that a legally effective judgment, ruling, mediation book all or part of the error,The damage to its civil rights,It knows or should know within six months as of the date of the civil rights and interests are damaged,To make the judgment, ruling, the people's court mediation. The people's court,Litigation claim,Should change or reverse the original judgment, ruling, mediation; litigation request not found,Dismissed the action request.

Modify the subordinate court cases assigned provisions

Newspaper in Beijing8Month27DayChen Liping of reporter of new draft amendment to the civil procedure law amending and perfecting the relevant provisions by the lower court case between.
In current civil procedure law,In civil cases of first instance in the superior people's court shall have the right to trial jurisdiction of the lower court,The first instance of civil case under its own jurisdiction to an inferior people's court. Draft amendment to the two draft out the superior court can be a trial to an inferior court under the jurisdiction. The Supreme People's court,In principle the superior court for the jurisdiction of civil case to the lower court,But the civil case complex,In some cases such as bankruptcy derivative litigation,To an inferior court is more conducive to the parties to participate in the proceedings,Save litigation resources. The study of Legal Committee,Recommend this paragraph is amended as follows:In civil cases of first instance in the superior people's court shall have the right to trial jurisdiction of the lower court in civil cases of first instance; it is necessary to its jurisdiction over the lower level people's court,Shall be approved by the people's court at a higher level.

Perfect the relevant parties burden limit

Newspaper in Beijing8Month27Daily news reporter Chen Liping civil procedure law the new draft amendment further defined the provisions of proof deadline. Review on a civil procedure law amendment draft,Some member of standing committee members put forward,In order to solve the dispute between the parties,To improve the efficiency of litigation,The need for the parties in the proceedings to submit evidence,Draft provisions should be further defined the term of adducing evidence. The Law Commission after repeated study,And to listen to expert opinion,Proposal to increase provisions:The people's court according to the position and the trial of the parties,Determine the parties shall provide evidence and term. The parties in the period provide evidence is difficult,May apply to the people's court to extend the time limit,The people's court according to the application of the parties extend. The parties to provide evidence,The people's court shall order the reasons; overdue evidence reason not established,The people's court according to different circumstances be reprimanded, fined or not to accept the evidence.

Small cases subject to relative number

Newspaper in Beijing8Month27Daily news reporter Chen Liping civil procedure law the new draft amendment to further improve the relevant provisions of a small case. In order to resolve contradictions and disputes,The original draft of the petty lawsuit procedure. Component members of the Standing Committee and the majority opinion in favor of making this provision,At the same time, there are still different opinions on how to determine the small sum litigation subject.
The Law Commission after repeated study,Suggestions on the draft of the relevant provisions of the following modifications:One is to further clarify the small claims cases belong to the cases in which summary procedure is applied,Small claims cases shall be specified"Simple civil cases in accordance with the provisions of the first paragraph of the act of 157th"Conditions; two is a small case amount,The original draft amendment provisions"Ten thousand yuan of the following",According to some members of the NPC Standing Committee and expert on China's economic and social development is uneven in different regions,Determining a relative number of views more in line with the actual needs,Regulations"Subject to the provinces, autonomous regions, municipalities directly under the central government last year's annual average wage of employees below thirty percent". According to the National Bureau of statistics data2011The national average wage of employed persons in urban units for41799Element,According to the calculation of thirty percent,The majority of the country provinces city12000Multivariate; three is a clear cases in which summary procedure is applied,We found that the case is more complex,Can be converted to ordinary procedure,Added provisions:The people's court in the trial process,Found in the case of the summary procedure is not appropriate for,Ruled to ordinary procedure.

Numerous case by the court retrial

Newspaper in Beijing8Month27Daily news reporter Chen Liping civil procedure law, the new draft amendment to increase provisions,The case of a large number of,Can also apply to the people's court for retrial. The original draft amendment provisions,The parties to a legally effective judgment, ruling,That is wrong,May apply to the people's court at a higher level for retrial; occurs in cases between citizens,Can also apply to the people's court for retrial. Some members of the NPC Standing Committee and the Supreme People's court,In some cases, a party number,By the people's Court of retrial,To ascertain the facts,The dispute resolution in the local. The study of Legal Committee,Proposal to increase provisions,The case of a large number of,Can also apply to the people's court for retrial.

Such a perfect retrial cases of suspension of execution

Newspaper in Beijing8Month27Daily news reporter Chen Liping civil procedure law, the new draft amendment to increase provisions,Improve the retrial case to suspend the implementation of the relevant provisions. The original draft amendment provisions,In accordance with the procedure for trial supervision retrial cases,Can order the termination of the original judgment, the conciliation statement execution. Some member of standing committee members put forward,The court decided the retrial of the case,In principle, the enforcement shall be suspended,But as for the effect of recourse alimony, maintenance, medical expenses when things in life, relates to the life and health of the case,It may not suspend the execution. The study of Legal Committee,Recommend this is amended as follows:In accordance with the procedure for trial supervision retrial cases,Order the termination of the original judgment, ruling, the execution of the conciliation statement,But the recourse of alimony, maintenance, upbringing, pension, medical expenses, labor compensation cases,It may not suspend the execution.

Perfect legal supervision to jurisdiction

Newspaper in Beijing8Month27Daily news reporter Chen Liping civil procedure law the new draft amendment to perfect the provisions of legal supervision of people's Procuratorate to trial. The original draft amendment provisions,The people's Procuratorate protest of the need for,Can access, access to the people's court litigation files,And to the parties or the outsider investigations to verify the situation. The Supreme People's court, the Supreme People's Procuratorate,According to the trial and legal supervision practice,Recommend this is amended as follows:The people's Procuratorate for the performance of the legal responsibilities of supervision required procuratorial suggestions or protest,Can the party or the case investigations to verify the situation. Legal committee agree with this opinion,Make corresponding amendments to the.

 

Focusing on the amendment of civil procedure highlights

The people's court at2012Years8Month28Day, the1Version

(Xinhua8Month27Xinhua)

  8Month27Day, the draft decision on the modification of the civil procedure law to the eleven session of National People's Congress Standing committee. The small sum litigation subject is no longer"Make it rigidly uniform"Clearly, further proof period, retrial by the citizens to choose......The draft decision to absorb the views of all sides, pay more attention to improve the efficiency of litigation, the protection of the legitimate rights and interests of the parties.

The small sum litigation subject is no longer"Make it rigidly uniform"

  In order to resolve disputes, improve the efficiency of the proceedings, the provisions of the draft of the petty lawsuit procedure. However, small action"Threshold"For what is the right amount has been controversial.

  The NPC Law Committee with relevant departments to study repeatedly, suggestions will be subject to determine the relative numbers--Subject to the provinces, autonomous regions, municipalities directly under the central government last year's annual average wage of employees below thirty percent. According to the provisions of the draft, the provinces and municipalities the small sum litigation subject will be different, and each year shall be adjusted according to the average annual wage amount released. Draft further defined the small claims cases belong to the cases in which summary procedure is applied, and clear that the case is more complex, can be converted to ordinary procedure.

Overdue inadmissible evidence put forward facing

  Evidence plays an important role in the lawsuit activity. In judicial practice, some party or lawyers deliberately delayed submission of evidence, affect the trial of the case, also affect the other party litigation rights.

  Increase draft regulations:"The people's court according to the party's positions and trial, determine the parties shall provide evidence and term."At the same time there are difficulties can apply for an extension. Fails to provide evidence, it shall explain the reason, reason not established, the court according to different circumstances be reprimanded, fined or refuse to accept. Concerned expert expresses, although the draft stipulates the system for adducing evidence in limited time, but for the violation of time limit for adducing evidence consequences of taking a diversity of choices, not be no evidence. So not only adhere to the principles of evidence time limit, but also ensure that the important evidence to enter into the proceedings, thus ensuring the justice of entity.

Retrial by the citizens to choose

  The effective judgment, the court issued, if the parties are still not convinced, thinks there is error, can apply for retrial according to the provisions of the law. The trial level about the application for retrial, two draft has been provided, may apply to a people's court at a higher level for retrial; occurs in cases between citizens, can also apply to the people's court for retrial. Some standing committee members and the Supreme People's court, in some cases, a party number more, by the people's court for retrial, to ascertain the facts, to resolve disputes in the local. With the Supreme People's Court on the NPC Law Committee, proposed to increase provisions, if a large number of cases, can also apply to the people's court for retrial.

The retrial case no longer pause execution

  The provisions of the draft:"In accordance with the procedure for trial supervision of 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 and other cases, it may not suspend the execution."

  Experts said, the above even into the retrial procedure nor the suspension of execution case, the plaintiff may say in a vulnerable position, such as the suspension of execution may make the parties is difficult to maintain a normal life. Such regulations guarantee the party's basic right to survival, at the same time by listing way limit, the court also avoid excessive discretion.

Contain malicious litigation

  Malicious litigation, litigation more and more infringement in judicial practice, the benefits of the third person is also more and more use of litigation. The draft stipulates: 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 be self knows or should know within six months of the civil rights of the date of injury, to make the 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. Experts said, compared with the application for retrial, third people filed lawsuit in the procedure more convenient, more conducive to an outsider to protect their legal rights and interests through the proper judicial way. (Xinhua8Month27Xinhua)

 

The small sum litigation subject is no longer"Make it rigidly uniform"

 Based on the average annual wage adjustment

The Beijing News2012Years 08On 28Day07:24

　　Small claimsYou can use the simple procedure a court civil cases, subject to adjustment again, by two reviewers "absolute number"1Million yuan, is amended as "relative", to "the provinces, autonomous regions, municipalities directly under the central government on the average annual salary of urban employees30%The following "shall prevail. Which case can press lawsuit first instance as the final processing, determined by the average wage level. Yesterday, the NPC Standing Committee third review the draft amendment of civil procedure law, litigationAmountThe above adjustment.

Amount

Based on the average annual wage adjustment

This timeCivil Procedure LawOverhaul, small claims litigation system for timely resolve contradictions and disputes, and improve the efficiency of lawsuit, has been regarded as one of the highlights of the law. But how to determine the amount of small claims, the three version uses three different standard. A review of the small sum litigation subject provisions"5000Yuan". According to the NPC Law Committee of the relevant responsible person introduced, the first consideration, some people think that, should not be identified as subject5000This "absolute", the suggestion according to the level of economic development, the number of "relative provisions".The second instanceDraft provisions to raise the threshold"1Million yuan of the following". Three yesterdayReviewIn, the NPC Law Committee with the relevant departments by repeated studies, suggestions will be subject to determine the relative numbers -- subject to the provinces, autonomous regions, municipalities directly under the central government on the average annual salary of urban employees30%Following.

The vice chairman of the NPC Law Committee Li Shishi said, using the"Relative number"Standard, mainly due to China's economic and social development in the region is not balanced, in line with the actual needs. According to the National Bureau of statistics data,2011The average wage of employed persons in urban units standard41799Yuan, according to30%The majority of provinces and cities for the calculation12000Multivariate. According to the provisions of the draft, the provinces and municipalities the small sum litigation subject will be different, and each year shall be adjusted according to the average annual wage amount released.

Application procedure

Small litigation must satisfy three conditions

Professor Jiang Wei (Law School of Renmin University of China1982Years of civil procedure law drafting group members, to participate in the1991The annual legislative,2007And the amendment of civil procedure), a peer review, two reviewers are prescribed, the parties may agree to apply summary procedure. Go small litigation can one judge final, will have a considerable number of parties, with simple procedure to replace the ordinary procedure? Li Shishi said, the second is the opinions put forward regulations should be clear, small claims "restrictive conditions". Accordingly, three reviewers made clear, small claims must meet three conditions: the facts are clear; the rights and obligations clear; not much controversy. And the new provisions, "the court during the trial, found that the summary procedure is not appropriate for the case, ruled to the ordinary procedure".

■ law changes

Malignant litigation in China to curb malicious litigation law

In recent years, cases of malicious litigation occur frequently in the judicial practice, such as loan disputes and cases of divorce, the parties malicious collusion, attempts through litigation, mediation, arbitration and other means, to avoid debt, occupying third party property, to avoid legal obligations. For malicious litigation, a peer review, two reviewers had formulate disciplinary measures, the malicious collusion party fined, detained or shall be prosecuted for criminal liability. But some members of the NPC Standing Committee, department and the expert puts forward, should also increase the case against the person outside the relief channel. For example, the malicious lawsuit by third party property, debt evasion, deprivation and creditors, probably knew nothing about this lawsuit, so not to appear in court, and missed the litigation rights. The vice chairman of the NPC Law Committee, said Li Shishi, the three review has established relief channels: because you cannot blame my reasons, did not participate in the litigation, but there is evidence to prove that the error has occurred, a legally effective judgment, ruling, mediation of part or all of the content, the damage to its civil rights, then can know or should know within sixty days of the civil rights of the date of injury, to make the judgment, ruling, the court mediation. After the court hearing,The claimThe establishment, change or reverse the original judgment, ruling, mediation.

The retrial case alimony case may not suspend execution

For the retrial case to suspend the execution situation, two reviewers had provided, in accordance with the procedure for trial supervision retrial cases may order to suspend the execution of the original judgment, mediation.

Li Shishi said, some members of the Standing Committee and experts, the court decided the retrial of the case, in principle should be the suspension of execution. But for the impact when things in life, relates to health case life, such as recourse alimony, maintenance fees, medical fees, regulations should be "an", allowing these cases do not have to suspend execution. Therefore, the three review of the retrial program termination, set the "exception" clause, in accordance with the procedure for trial supervision regulations "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 and other cases, it may not suspend execution."

Retrial group litigation by the court retrial

Comparison of the two reviewers, which cases can be brought to the trial court of retrial, three referees added to the group litigation case. Two reviewers for retrial, have such provisions, "to a higher people's Court of retrial; occurs in cases between citizens, can apply to the court for retrial". Li Shishi said, in this regard, some members of the Standing Committee and the Supreme People's court, a large number of parties in some cases, by the court retrial, to ascertain the facts, to resolve disputes in the local. Three reviewers adopted the views, new provisions, "a party is a large number of cases, it may appeal to the trial court for retrial".

The procuratorial supervision inspection or review the files are not clearly stipulated

For the procuratorial supervision of civil litigation, there are different opinions in law. Some people think that we should be strengthened, but also somebody thinks, procuratorate supervision of the court is too large, will affect the independence of judges. According to media reports,2007Years of small scale modification procedure, procuratorate helped strengthen the procuratorate to civil procedure law supervision, but the law did not make a provision. The overhaul, the three version are clear, the procuratorial organs have the right of legal supervision on civil litigation, stipulation procuratorate has the right to exercise legal supervision over the civil procuratorial suggestions, to protest the way. But a referee and two reviewers have provisions, "because of the procuratorate procuratorial suggestions or protest need, can access to court files, to the parties and outsiders investigations to verify the situation". Three reviewers, retaining only "to the parties and outsiders investigations to verify the situation". The NPC Standing Committee, the relevant responsible person said, the supreme law, highest check according to the trial and legal supervision practice, recommendation three reviewers made such modifications to access, or access to, not clearly stipulated.

■ focus

　　Public interest litigationMaintain the two draft regulations

The civil procedure law overhaul, from first draft to three reviewers, are written in the public welfare lawsuit right, is considered to be one of the biggest legislative progress. However, for those who have the right to initiate public interest litigation, the academic circles has been called on to relax "threshold", allowing the non official social groups filed a lawsuit. A draft regulation, "on the pollution of the environment infringement the legitimate rights and interests of consumers, many damage public interests, social organizations, relevant authorities, may bring a lawsuit to the court". The two review on the basis of defining public interest litigation qualification, again to provisions of law, "the relevant agencies and social organizations, are eligible". Research Chinese Environmental Law Association vice president, China University of Political Science and Law professor Cao Mingde said, according to the Civil Procedure Law of the current, inEnvironmental public interestIn the lawsuit, environmental non-governmental organizations do not have the qualification of the plaintiff. But in the judicial practice, it has been a major breakthrough, previous environmental non-governmental organizations filed environmental public interest litigation. Professor Jiang Wei of Renmin University of China School of law, said: in other countries, individuals can also raise public interest litigation. Public interest litigation involves a problem of relationship between state organs, administrative and civil main body status. Such as environmental pollution lawsuit, the environmental protection department's regulations do functional departments, but the elimination of pollution and pollution Party discipline, is also the administrative functions of the environmental protection department, so even if the environmental protection departments to bring a lawsuit to the court, the court also need to solicit their opinions, then gives the Environmental Protection Department of public interest litigation request right, no practical significance.(The Beijing News reporter Wang Shu)

　　

The law revision history

　　1982Years of civil trial

The five meeting of the twenty-second NPC Standing Committee examined and adopted the "Civil Procedure Law of the people's Republic of China(Trial)".

　　1991Years4The National People's Congress passed the law on

The National People's Congress passed the civil procedure law, which is in the1982Years of Civil Procedure Law(Trial)On the basis of the amended as. The law is to adjust the pattern of litigation, strengthen the litigant's right of suit, weaken the court's jurisdiction.

　　2007Years of Civil Procedure First Amendment

Civil Procedure Law Implementation16Years after the first amendment, but changes not content. The main change is the implementation of procedures and retrial procedure, strengthen the party's right of appeal, the court's jurisdiction, transition toward a more mature system of litigation.

　　2011Years10Month24On the draft amendment

The deliberation of the draft amendments to the total50A modification of the clauses. The new regulations include increased public interest litigation system; organs, social groups filed public interest litigation;5000Yuan of the following civil case of first instance being the final etc..

　　2012Years4Month24Day two review

The two version include: 10 thousand yuan of the following civil cases of first instance being the final; the small sum litigation subject by5000Yuan Zengzhi1Million yuan; subject of public interest litigation clear, legal authorities and relevant social groups may bring a lawsuit to the court.(Source:The Beijing News)

 

Think of the NPC standing committee deliberations

The draft amendment has been more mature

Legal Daily2012-08-29(3The National People's Congress legislation)

The reporter Chen Liping was in Beijing at the eleven session of the twenty-eighth meeting of the NPC Standing Committee27On the afternoon of the deliberations of the draft amendment to the civil procedure law. Standing committee members believe that,The draft amendment after the Standing Committee of the two review,Mature,Recommended by the Standing Committee for deliberation after modification and improvement,To bring to a vote. Standing committee members believe that2007Years of Standing Committee of National People's Congress to the part of the modified,Again will amend the law on schedule. After which the formation of the socialist legal system Chinese characteristics,Perfecting the system of civil litigation,The formation of the contradictions and disputes settlement mechanism has China characteristics,The promotion of social harmony and stability,Has the very vital significance. The draft amendment of civil procedure law in general legal concepts, the current legal framework and legal system changes,The draft after the two review,The relevant amendments to mature,The design of the system is also more reasonable.

Gong Xueping members suggested that the application for retrial should be limited to a number of

The reporter Chen Liping27At the eleven meeting of the twenty-eighth NPC Standing Committee on the deliberation of the draft amendment to the Civil Procedure Law,Gong Xueping members suggested,Perfect retrial censorship,The party applying retrial times are restricted to one time.
Gong Xueping members said,Our country has a total of four levels of courts,The courts at all levels of the different function,The focus of the work are also different. The system design and the current civil procedure law to apply for a retrial review,But with the four function of the court does not adapt. According to the existing provisions of the Civil Procedure Law,The parties believe that the effective judgment errors,A higher court for retrial. That is to say,The application for retrial review is put on a level,With no limit on the number of applications for retrial,Resulting in a number of application for retrial cases into the Supreme Court and the high court,So they accepted the surge in the number of cases,This not only weaken the Supreme Court and the high court for trial supervision and guidance of the function,It is difficult to realize will resolve disputes at the grass-roots level, solve the contradiction in the forefront of the target. In this draft has noticed the problem,The draft stipulates that the 199th,The parties there is error in a legally effective judgment, ruling thought,A higher court for retrial. In civil cases between,Can also apply to the people's court for retrial.
Gong Xueping members think,Draft the regulations to dispute the two sides is the judgment standard of citizens as the application for retrial on the level review,The lack of rationality. Because,One is contrary to the principle of equality of parties; two is between the citizen and the legal person or other organization,Legal person,The amount of some mark between juridical person and other organization's case is very small,The relationship of rights and obligations are clear,There is no need to put on a level review.
Therefore,Gong Xueping members suggested,Modify the provisions of to apply for a retrial of cases are put on a level review,But not with whether the disputes among citizens as the criteria. In some cases,Such as small cases, trial final trial etc.,Can be provided for the parties to the trial court for retrial. At the same time,The party applying retrial times are restricted to one time. In view of the current civil procedure law does not apply for a retrial times restrictions,Which triggered the parties repeated application for retrial,Not only a waste of judicial resources,Influence of judicial authority and legal authority,Is not conducive to the civil legal relationship and the stability of social order. Therefore,In the Civil Procedure Law shall stipulate unified judgment, the parties have been ruling in force only mention a retrial application,Otherwise, the people's court shall not hear.

Committee member Dai Yuzhong proposed explicitly subject of public interest litigation proceedings

The reporter Chen Liping27At the eleven meeting of the twenty-eighth NPC Standing Committee on the deliberation of the draft amendment to the Civil Procedure Law,Under the National People's Congress member Dai Yuzhong proposed,The law should be clearly defined public interest litigation subject.
Dai Yuzhong members think,The draft on the subject of public interest litigation provisions,Use"Legal authority"To express,Is not clear, is not specific, not easy to apply and implement. One is in accordance with the general principles of civil litigation,Equality between the main body action,The law may authorize the exercise of Public Authority organs to file a lawsuit on the part of the case. But it should be clear,What kind of authority, which authorized an organ. Two is the civil procedure law is the special law of civil procedure system,Belongs to the class of law in the legal system of our country,The other basic laws generally on the civil procedure does not make specific provisions,If the subject of litigation for public interest cases of civil procedure law does not make clear,Use"Legal authority"To express,So what are the laws to clear the organs?Three is the legislation as far as possible not ambiguous statement. The law is the civil code should abide by,Also standardize the basis of judicial practice,Should make clear provisions. The four is to consider"Legal authority"Instead of"The competent department of the government". A civil case is generally between equal parties,Environmental pollution, food safety relates to public interest case of government departments,First of all government departments to pipe,The competent department of the government in accordance with the administrative law of the implementation of the pollution of the environment, endanger food security relates to the behavior of public interest to give punishment,If a party refuses to accept the administrative litigation can be entered; and for the inconvenience by the government department to make administrative punishment,Or punishment difficult to implement,And other special circumstances,The competent department of the government may bring a lawsuit,The people's court civil trial. The two cases,The people's procuratorates can carry out supervision according to law. The government department in charge of irresponsible, not as,Be forgetful of one's duties, breach of privilege,Suspected of a crime,In accordance with the provisions of the jurisdiction of the Criminal Procedure Law,The people's Procuratorate shall place the case on file for investigation. This design more specific, clear,Easy to operate.

Tang Xiaoquan members considered that the court should provide information accessibility services

The reporter Chen Liping27At the eleven meeting of the twenty-eighth NPC Standing Committee on the deliberation of the draft amendment to the Civil Procedure Law,Tang Xiaoquan members think,The draft should be increased the provisions in the civil lawsuit information accessibility services. Tang Xiaoquan members said,No provisions of disabled people to participate in a civil lawsuit information accessibility services in the current draft. Hearing the words, the disabled and eyesight disabled as the parties and other participants in the proceedings in a civil lawsuit,Because of its physical dysfunction cannot communicate normally,Effect of the exercise of rights and obligations,The people's court shall, according to the need for sign language, written language and other information accessibility services,To ensure the smooth progress of litigations. In current civil procedure law,Citizens of all nationalities have the national language, useful text of civil rights. In minority nationality or nationalities live together in one area,The people's court shall commonly used by the local ethnic language, text conduct hearings and issue legal documents. The people's court shall not understand the language of the text, the local national litigation participants provide translation. According to the provisions of recommendation,A general increase in the draft:The hearing disabled, disabled, disabled speech vision to participate in the proceedings,The people's court shall provide information sign language, Braille, barrier free services. For the needs of the parties,The people's court shall provide Braille electronic version of legal documents. In addition,Most mental patients, people with intellectual disabilities and minors in is a person without capacity for civil conduct and a person with limited capacity for civil conduct,About schizophrenia, mental handicapped capacity current civil procedural law, the guardian, that specified statutory agent designated and other aspects of the procedure is relatively simple,Can not deal with the new situation, new problems appeared in practice,Absorbing related judicial interpretation of the provisions in the civil procedure law content,Further standardize and perfect after,Write the Civil Procedure Law,Strengthening the protection of rights and interests of mental patients, people with intellectual disabilities from the legal procedure.

　　In new network 2012.8.27 reported this month, according to the20Meeting of the eleven NPC Standing Committee Chairman eighty-seventh meeting recommended agenda, the Standing Committee of the twenty-eighth meeting will continue to review the draft amendment to the civil procedure law, agricultural technology promotion law amendment draft, the draft mental health act; the first review of special equipment safety law draft, tourism protection law, environmental law amendment draft.

After the two review, draft amendment to the civil procedure law the third meeting of the NPC Standing committee.

Due to the present civil procedure law China1991Years, and had to2007Years had a"Minor repairs". After20Years, the civil procedure law in a larger scale modifications.

　　2011Years10Month, the eleven session of the twenty-third meeting of the NPC Standing Committee on the draft amendment to the civil procedure law was first considered the draft, to further safeguard the litigation rights of the parties, improve the prosecution and acceptance procedures, increase the public welfare lawsuit system, improve the judicial public system, and strengthen the implementation of measures.

After the draft by China Congress announced to the community for comments. By2011Years12Month1Day, a total of788People put forward8030Advice. In addition, also received letters from the public60Letter.

This year4Month24Day, draft amendment to the civil procedure law the second meeting of the NPC Standing Committee to review the draft in the first examination, basis and to seek the views of the parties to make further changes, such as the main body, filed public interest litigation absorb experts to participate in the litigation, increase the honest credit principle etc..

Notable is, the draft amendments to the two version further clear"Who holds the public interest litigation astepping-stone to success". The provisions of the civil procedure law amendment draft trial releases: on the pollution of the environment, violations of the legitimate rights and interests of consumers, many damages social public interests, social organizations, relevant authorities, may bring a lawsuit to a people's court. Two draft the terms of"Relevant organs, social groups"Amended as"Legal authorities and relevant social groups".

But in the civil procedure law overhaul will be three trial, the academia around the legal content of the dispute did not cease. The National Lawyers Association Constitution and the Commission on human rights and the civil professional committee recently put forward again8Xiang Jianyi, the"A proposal of establishing investigation system"Cause of hot debate. Supporters say the system has to deal with the reality of the existence of evidence difficult problem. Opponents argue that in some places the court order is investigated"The effect of fresh new things"There is no need to institutionalize.

In the evidence system, draft amendment to the civil procedure law the two review process, some standing committee members suggested, the evidence system in the draft should be further revised and improved, testimony without not testimony as evidence, in order to reflect the State encourages citizens to testify in court, to prevent false, false evidence attitude.

In family cases, many scholars believe that serious defects in the current judicial system, many marriage cases failed to bring into the orbit of legal system to adjust, difficult to effectively maintain the legitimate rights and interests of the parties. Thus changes in the civil law, shall establish a separate family procedure.

In proceedings for commonweal, at present, the educational circles"Who can become the subject of public interest litigation"There is a big controversy this problem. It is suggested, the Civil Procedure Law shall subject citizens into the public interest litigation, because citizens also have the right to manage state and public interests and public interests of the society, everyone has a responsibility to protect these interests are not infringed, a kind of rights and obligations of the citizens.

At the same time, scholars have suggested that the procuratorial organ column subject to civil public interest litigation, especially the subject of environmental public interest litigation. The main reason is that, in the environmental public lawsuit, compared with the civil and environmental organizations, the procuratorial organs not only has a long been engaged in the work of professional teams, but also enjoy the investigation and other functions, can effectively compete with strong defense, won. In the case of environmental pollution, the procuratorial organs can transcend the shackles of local protectionism, independently engage in civil environmental public interest litigation activities.