Notes: handling appeals to the time is too long

    Justice to achieve, but also to see the way. Justice delayed is injustice.

   -- and do lead

 

   Not long ago, I have suggested that the court of the transfer procedures for the management, to improve the efficiency of trial. The original text is as follows:

"Recently, many parties to a case on appeal to complain too long, my courtyard each window staff and assistant judges, clerks also reflect every day received the appeal is to register advisory telephone. Appeal cases over program circulation more, civil procedure law hasn't stipulated time limit appeals court in two to join. The appeal the case to the time, not as the second instance trial, nor in the trial process. In the judicial practice does exist appeals in the process of transfer delay time is too long, the transfer efficiency is not high situation.

The parties often go back and forth between two levels of courts, appeals to hasten query. Because the work is not included in the judicial process management system, the court or judge assistant window personnel, two class clerk also can make nothing of it for the specific case, are often unable to answer the inquiry, the parties consider adverse effects caused by Court issues mutually making excuses.

Therefore, we propose to "appeal case flow management approach": a clear provisions to the steps, work time limit; two, try to simplify the parties to apply for corrosion, reducing, and pay the cost of appeal procedures; three, to start node registration system, clear the node responsible; four, will appeal the case to the information input trial process system, convenient query the progress of work; five, to further strengthen the supervision work of transfer of cases."

    Question no echo. Don't get any response. It seems like such a proposal are the basic appearance, are not the real power of your ear. Want to have the Court Road impassability said, it now appears, whether it is business of state organs, institutions, organizations, there are administrative and executive power of local existence method problem. Road barrier, the upper cannot benefit by mutual discussion, not the right choice. Of course, these are indeed digression on this case record, (ha ha, ha.).     

   The three procedure is not a specific program appeals to, resulting in the practice, the court of appeal shall be quite different delivery deadline, appeals to the Department, transferred the case period, a cost of appeal and approval slow, reducing, the appeal fee application period, have different practices in different regions, even in an area of the grass-roots court practices are not the same. This is not conducive to shorten the appeal case transfer cycle, is not conducive to further improve the efficiency of the trial, is unable to safeguard the legitimate rights and interests. So it is necessary to standardize the procedure of appeal cases.

   Appeal cases extended reporting, essentially causing recessive exceeding the time limits, is the new procedure unfair. It has the following three reasons: first, the first service of legal instruments is not timely. Responsible for the service of legal documents by the judge has the heavy entity, light procedure consciousness, resulting in delivery delay; second, the appeal case file materials by a trial court centralized file, because there is no unified transfer deadline to define, in case the unsmooth circulation. The trial court Lianting delay transfer, greatly increased the turnover during the case report; third, the appeal case files submitted to the procedure is lack of institutional control and effective supervision necessary. Shenzhen as the reform and opening up the window, logic should play a leading role in terms of efficiency. Otherwise what words "in Shenzhen"?

   For this, the author thinks that can refer to Zhuhai City Intermediate People's court procedure: firstly, division of receiving the appeal court should be stamped "collection dedicated seal", and record the time of receipt of the appeal, at the same time, a copy of the appeal petition bound into volumes, within the prescribed time limit, the timely transfer of the case accepting division. On the court received the case materials if found problems should be promptly to remind the business division correction. Secondly, on a cost of appeal and approval process, corrosion, reduce appeal appeal fee free applications shall be clear, require the business in court judgment is served by simultaneously served "appeal notice" and the confirmation of the address for service, and by the principal in the receipt and delivery confirmation receipt address, provides the convenience for the court of second instance trial. Finally, in the existing legal framework, to make more close to the trial rule specification: the superior court Lianting transfer deadline, clear the court of appeals to responsible for the work, and the establishment of appeal cases, management, transfer registration, transfer and other working system. After receiving the appeal on the court case file material each court transferred, shall complete registration, check materials and corresponding to the superior court is transferred to work in 5 days. The court of first instance to the trial court to appeal file, at the same time to "appeal case management flow chart". At the same time, to establish the appeal case to a regular reporting system. On the litigation in violation of provisions, deliberately delay in delivery, or deliberately delayed transferred the case materials, can refer to "the people's court disciplinary methods (Trial)" the provisions of section fifty-ninth shall be punished. (oh, harsh to the responsible party to the efficiency)

   Disadvantages exist heavy entity, the judicial circle of our country light procedure. Material civilization and political civilization and the rapid development of China's current has not adapt. Therefore, we strongly appeal to the judicial organ first pursuit of procedural justice! Let justice is visible way, let justice be timely justice!