[news] the high court of Shanghai "Shanghai court carry out small trial work rules (Trial)" (2013)

The high court of Shanghai "Shanghai courts carry out small trial work rules (Trial)" (2013)

A court in Shanghai, "carry out small trial work rules (Trial)" the introduction of the background and process of making

In August 31st this year, the eleven session of the twenty-eighth meeting of the NPC Standing Committee passed the "on the revision of 'people's Republic of China Civil Procedure Law' decision", the current "Civil Procedure Law" made a wide range of revision. The newly revised "Civil Procedure Law" will come into force in January 1, 2013. The new code of civil procedure for small claims in the foundation of summary procedure in civil litigation, so we first established the system of a trial, this is a major breakthrough in the history of the development of civil procedure law, have milepost sense. Through a trial, which is more economic, fast, convenient to solve the dispute, facilitate the parties to litigation, improve the efficiency of the trial, the rational allocation of judicial resources and saving the lawsuit cost of parties.

Considering the new civil procedure law on the procedure just provides a principle of applicable standards, in practice there are many specific problems need to be clarified. In order to implement the Civil Procedure Law revised, so smooth and orderly development of lawsuit trial work in the Shanghai area, the Shanghai high court set up a small group of small claims litigation guidance, conducted a special study, and on the basis of investigation, the "Civil Procedure Law" as the legal basis, combined with the city to carry out small speed cutting trial pilot experience and judicial practice, formulated the "Shanghai court to carry out small trial work rules (Trial)" (hereinafter referred to as the "implementation rules").

The detailed rules for the implementation of "two," the main content

The core content of the "implementation rules" is to determine the scope, applicable to small cases identified determine trial mode, a small case a small case, the trial supervision procedure into a small case.

1, the scope of small claims procedure

1) identified a total of standard

"Implementation rules" on a small case set a general standard, namely the prosecution facts are clear, the rights and obligations clear, less controversial and disputed object amount to less than the small cases amount standards that published single money payment claim civil cases, appropriate legal. Here the three conditions, must also meet, can be applied to the small claims. One is the relation between the facts are clear, the rights and obligations are clear, less controversial, it is difficult easy degree requirements on the case, is also our summary procedure legal applicable standards; two is the subject of the dispute amount is lower than the amount standard in small cases. This is also the provisions "Civil Procedure Law" in article 162nd. Every year we will be in the first half of the year according to the Municipal Bureau of statistics released by the city last year, the average annual income of the employment data, the standard small claims amount issued in July 1st of the same year to June 30th of this year's judicial. The US and the detailed rules for the implementation of "synchronization" published standards for small amount of litigation from January 1, 2013 to June 30th. According to the Bureau of statistics released data, employment in 2011 in Shanghai City, the average annual income is 51968 yuan, according to the "Regulations of PRC Civil Procedure Law" in article 162nd, we select the rounded down, small claims cases from January 1, 2013 to June 30th the amount of 15000 yuan; three is a single money v.. Considering the small sum litigation or in the initial stage, we request to do some restrictions on the procedure, only the single money payment claim into the scope of this kind of case, relatively clear rights and obligations of request, for some involving personal relations, property dispute cases expressly excluded.

2) defines the types of cases

This not only provides a standard for the total, at the same time for the types of cases also made clear rules, listed seven cases from fourteen cases: This is the main consideration to the small claims in the initial stage, in order to ensure that this procedure can be implemented smoothly, the enumeration, no Miscellaneous Provisions the courts at the grassroots level, mainly is the hope can be unified in the specific grasp, to prevent the emergence of standards is not a phenomenon.

3) stipulates the exclusion range

We also do the exclusion rules, listed 9 kinds of situations, such as relates to personal relationship, relates to the right, a party One's whereabouts is a mystery. need to notice to exclude the application of small claims cases. That is the nature to give full consideration to the small claims litigation belongs to the summary procedure.

2, the trial mode

1) in the case, judge link faster

The "implementation rules" in the Civil Procedure Law on the basis of the court's work, further shorten the period. As our requirements for small cases should be in receipt of materials within three days from the date of filing, and the general case is called for in seven days. Again, we request to the small claims cases in principle within one month closing, and the summary procedure cases present is closed within three months, the ordinary procedure is completed in six months. In addition, we also require a small case in principle a tribunal concluded, the court trial court sentenced to serve legal documents to the court. Through internal speed trials rhythm, will greatly enhance the efficiency of the trial, so that the small claims disputes between the parties can get fast processing.

2) in the form of more flexible

Considering the small cases in litigation for party himself, in the procedure of form requirement should not be too high, the "implementation rules" in many ways the current simple procedure more flexible regulations, highlighting the small sum litigation convenience, convenience features. As in to summon the parties, witnesses, can use the telephone, fax, mobile phone text messages and other simple way, moreover, in the trial stage, also can not distinguish the investigation, court debate stage, can be merged, so for the small claims court cases, should be more attention is paid to the nature, but in the form of relatively flexible.

3) simplification of adjudicative document

Judgment on a small case "implementation rules" in the US also made provisions, at the same time, we according to the pilot's experience, and absorb the successful experience of other provinces and cities, format judgment made our Shanghai area of small claims procedure, makes for a more standardized, so the court judgment document format.

3, the case of program transformation

Considering the actual situation of the case, we also set up a program transformation. Due to the specific circumstances are different, some just change the amount of cases, the case itself difficulty level did not change. Some amount has not changed, but the degree of difficulty and case pre sentence have certain difference, so we set up small claims to be in accordance with the general provisions of the summary procedure of processing or converted to ordinary procedure. We specifically enumerated respectively in the detailed rules for the implementation of "transformation". But considering the program suitable for different, corresponding to the parties to the litigation right is different, so we first requirement is to ensure the stability of application and the seriousness of the case. Under normal circumstances, does not allow easy program transformation. In the event of "implementation rules" are not applicable to small claims cases, according to the "implementation rules" requirements, careful selection of cases will be turned into in accordance with the general provisions of summary procedure or converted to ordinary procedure. At the same time, we also provides in principle does not allow small claims to the simple procedure of general provisions of treatment and then converted to ordinary procedure.

4, the trial supervision cases

You may be most concerned about is the small cases cannot be appealed, whether there is error correction ways of relief. The "implementation rules" the parties to a legally effective judgment, ruling procedure, mediation book think is wrong, can be in accordance with the provisions of the civil procedure law, apply to the court for retrial. Also said a small case correction relief applies the procedure for trial supervision. In practice, in order to resolve contradictions and disputes of small claims cases at the grassroots level, to resolve in the local, to achieve "for overall service" and "the harmony and unity of justice for people", we advocate the parties to the trial court for retrial, we also made clear by the court Lianting is responsible for the review of such cases.

Three, the next step of work.

We have in the last week will be "implementation rules" issued to the grassroots courts and courts at the grassroots level, combined with their respective actual situation in court, the concrete implementation of the work. On one hand we should begins from the hardware, such as setting the legal publicity column in the filed of the hall, placed a small guide to action, conditional court also set up small claims special file window, establish Easy Access. On the other hand, we from the "software" to proceed, the court should attach great importance to this work, by the hospital leadership to take the lead in the implementation, especially we emphasize must select the trial experience, strong business capability, high level of understanding of mediation, the outstanding judges the local social conditions and public opinion as to the judicial personnel of small amount lawsuits in order to ensure the quality of the case.

Small litigation is a new system, we have carried out a pilot micro rate cut, but the pilot is to take voluntary choice model, and now is a legal mode of application, shall be, in this respect we trial experience also in practice need to continue to accumulate, so the "implementation rules" is trial. We should continue to explore, "practice", according to the problems reflected in the trial practice, timely revise our rules.

Of course, small trial work to be carried out smoothly, cannot do without the understanding and support of the community, also cannot do without the people we trust to the work of the court. Today, I would like to take this opportunity, on the one hand is through you to the public propaganda about the system, at the same time, this will also be a spur to us the work of the court, we will also go to all lengths, a good beginning, a good first step.