For civil cases in first instance file litigation documents filing order proposal
Created:
/Author:
Aaron Lewis
In the first instance civil litigation documents volume how to arrange, in 1991 the supremeCivil lawInstitute a "court litigation document voluming filing procedures" (hereinafter referred to as the "measures") shall be specified.But the approach has been implemented for dozens of years, without any amendment and supplement, and the existing judicial practice has many discrepancies.The author talks about some personal opinions and suggestions on the problem.
Along with the trial reform pace, the formation of civil trial pattern, especially the April 1, 2002 implementation of the Supreme People's court "civil evidence regulations" (hereinafter referred to as the "rules of evidence"), in the civil procedure in many new litigation documents and materials such as a notice of proof, the confirmation of the address for service, evidence exchange notice, Jane into common knowledge, to extend the time limit for adducing evidence notice book, the investigation and collection of evidence and witnesses to testify in court and court make a reply for decision, the evidence exchange notes etc..These materials are related to each other in the proceedings, if not attached, you cannot truly reflect the court to perform in accordance with the law in the litigation process of obligations, test cases are as clear as noonday parties to a lawsuit, it cannot directly reflect the justice and standard management.My courtyard all Civil Tribunal in the case of the new materials, new litigation documents, take corresponding measures, but because the "measures" no more new content, hospital also does not have the civil litigation files quality standards, so the solution is inconsistent, resulting in the same court civil case volumes of material classified different, not a binding position, seriously affecting the orderly and standardized file archiving of.
The author thinks that the "measures", can't meet the needs of judicial reform, development needs to keep pace with the times, the emancipation of the mind to increase and adjust, in order to reflect the new characteristics of the reform of civil trial mode.In order to regulate the litigation documents and materials sorting, better play the Lawsuit Archives for the trial work and other work, the author puts forward the following suggestions: first, "the same sort principle measures" provisions; secondly, to pay the litigation costs reduction, exemption, slow application and approval procedures, "civil rules of evidence" requirements of the various procedures litigation, litigation preservation application (guarantee) and other materials and seizure (down), list, to assist in the implementation of receipt, all kinds of notice papers
, litigation agent in the court opinions, other service proxy materials such as commissioned service procedures, letter, envelope and so on, according to the civil procedure of the coherence and convenient access to in the "measures" for the specific arrangement of increased; in addition to the summary procedure is applicable mediation, cases of withdrawal, said that because the parties the true meaning, can not stand side roll.In addition, the paperless office today, these cases without papers do not need to recreate a sheet attached, to correct reaction process as the standard, in order to save manpower, material resources as the principle, and the current building of a harmonious society to save.
Therefore, the author suggests first instance civil litigation cases involved litigation documents arrangement is as follows: 1, the judicial process management information in Table 2, the indictment and attached the; 3, case review table, 4, to pay legal fees or reduction, exemption, slow application, examination and approval formalities materials and receipts; 5, property litigation preservation application (guarantee), sealed the decision, (releasing) list, ruling, a notice for assistance in execution and return materials; 6, the plaintiff and defendant notice notice, a notice of proof; 7, pleading and accessories, 8, additional party notice, third ginseng and litigation application and approval procedures and approval, 9; the application investigation of evidence, witness appearing in court; 10, identification, assessment (hired) authorization and the identification, evaluation conclusions; 11, the original, the defendant, third people litigation agent and the identification certificate of the legal representative, corporate business license, organization code certificate; 12, the letter of authorization and the lawyer's letter; 13, the burden of proof of plaintiff list and the evidence; 14, the defendant proof list and the evidence;
15, investigation, mediation in Gandhara recorded; 16, the withdrawal application and granting withdrawal order; 17, the summons, and all kinds of public notice bottomDraft; 18, the trial transcripts, agent, 19 words; judgment, ruling, mediation, the original; 20, a record; 21, the receipt of service and other service procedures materials; 22, judicial proposals; 23, the superior court unwinding letter (and the superior court commissioned service function); 24, the superior court, mediation, ruling; 25, evidence processing, and executive (releasing) procedures materials etc..