The high law (trial run2010)2No.　　

On the issuance of "the Hubei Provincial Higher People's court trial process management regulations(Trial)"Notice

　　

     "The Hubei Provincial Higher People's court shall process management (for Trial Implementation)" has been on trial2010Years 5Month6Revised by the court's judicial committee, mainly is the further refinement of the time limit for deduction. The text of the revised issued to you, please carry out seriously implement.　

 Two O O in May 20th1

　

The Hubei Provincial Higher People's court trial process management regulations (Trial)　　

                                    Chapter I General Provisions　　

 

   Article 1 To improve and perfect the trial process management mechanism, safeguard judicial activities fair, efficient, orderly, according to China's criminal procedure law, civil procedure law, administrative procedure law, maritime procedure law, the Supreme People's court "on the strict implementation of trial period system several provisions" and other relevant laws, the judicial interpretation of the provisions of and the "people's Court of the second five year reform outline" requirements, combined with the court's judicial practice, the enactment of this provision.　

 Article second The trial process management, is the management behavior, filing divisional, service of legal instruments, schedule of court cases, trial supervision, closed, file archiving etc..　　

 Article third The court cases on file for court, trial management and the case confirmed by the trial management office is responsible for, other judicial process management is responsible for the business sector.　　

 Article fourth Implementation of the specific provisions of case flow management shall be formulated separately by the hospital.

                                 The second chapter case　　

 Article fifth On the court according to the law on the various cases of unified registration, and shall transfer the relevant information input case flow management system.　

 (a) all kinds of case in the first instance, on the court receives a statement of complaint or an oral complaint, upon examination, that meet the conditions of prosecution, shall be filed within seven days, and notify the party concerned; it does not meet the conditions, shall make a ruling within seven days will not be accepted.　

(two) all kinds of cases of second instance, in compliance with the requirements for filing, within five days of receipt of registration to an instance in the people's Court of appeal, appeal the files and materials.　　

 (Three) the superior people's court case instruction accepted, instructions for substantive hearing, retrial, retrial shall file the case instruction, the day after the receipt of the order and the materials after the people's court at a higher level.

 Four.In compliance with the requirements for filing the application for retrial of the case review, should register file the day after receiving the retrial petition.　　

 Five.In accordance with the procedure for trial supervision of retrial cases should be served, in trial, adjudication (decision) and received the next day after the registration dossier.　　

 (six) cases of state compensation, to the hospital for the organ liable for compensation, the Compensation Committee receives the application for compensation, shall decide within seven days whether to put on record, and promptly notify the compensation claimant. The lack of the material evidence, it shall notify the compensation claimant to be added. Time of receiving the application for compensation from the material complete after the date.　　

 (seven) the commutation and parole cases, change of jurisdiction, review cases, reconsideration cases, for case, filed for bankruptcy cases and other cases should be in receipt of the3Material or relevant report within three days after the registration.　　

 Article Sixth On the next day in the decision to initiate the court shall within three days will be files or related materials to the relevant business department.　　

  Business sector as a found that the transfer of the wrong, should be three days returned on the court.　　

   On the court the legally effective judgment appeal, retrial case, a case is responsible for hearing materials business department of the hospital. The case in court.

 　　

                                          The third chapter case

   

 Article seventh On the court to transfer the case to the business departments, shall be subject to examination and approval form filled in by the back office division, business department in accordance with the following principles of division:
　　(a) should be according to the number of the court or judge cases accumulated, cases will be randomly assigned to accumulate at the bottom of the number of cases of the collegial panel or a judge, or the case of random cyclic distribution to court or judge; assigned to the collegiate bench, and then by the presiding judge to judge circular distribution.　

    (two) business division of types of collegiate bench trial, the division can be in accordance with the division of cases will be assigned to the court or judge; assigned to the collegiate bench, and then by the presiding judge to judge circular distribution.　

   (three) business department according to the geographical division of the collegial panel to hear the case scope, can be in accordance with the geographical division of the cases assigned to the court or judge; assigned to the collegiate bench, and then by the presiding judge to judge circular distribution.　　

   Article eighth The business department is responsible for determining the case undertakers, shall be made by the Office4The pertinent information into the judicial process management information system.　　

    Article ninth in any of the following circumstances, business unit heads can be replaced the judges:　　

    (a) the judge shall withdraw the case;　

    (two) the judge due to health, work study and other objective reasons need to release more than one month.

   (three) for the association between major, difficult cases or cases.
　　(four) for other reasons need to replace the judges.
　　 The business department is responsible for replacement of the judges, should be in the divisional approval form signed by the office will change, and timely input the trial process information management system.
　　

                               The fourth chapter is served, to schedule the trial
　　

   Article tenth the legal documents by the business department is responsible for the service.

  Laws, regulations and judicial interpretations of the criminal, civil, administrative case verdict, ruling the deadline defined, in accordance with the provisions of. Laws, regulations and judicial interpretations are not clearly defined, the deadline of the following provisions:
　(a) direct service, retention of service, service by post, should be in the judgment, ruling the bookmark is issued within fifteen days of delivery.　

    (two) commissioned service, should be in the judgment, ruling the bookmark is issued within fifteen days from the completion of commissioning work.

   (three) through the relevant units delivered to, shall order the bookmark in the judgment5The next day served on the transfer of units within fifteen days.
　(four) involving Hong Kong, Macao, and Taiwan document delivery deadline, provisions concerning foreign trial procedure.
　The eleventh row is pointed to the court case, before the case into the substantive hearing, determine the members of the collegial panel, time and place of the hearingSystem.
  The twelfth business department is responsible for scheduling the Court issues three days before the hearing input case flow management system, and make a public announcement.
  Thirteenth scheduling case court matters, cannot decide the reasons or without approval, shall not change.
  Due to legal reasons not hearing scheduled time, shall be responsible for the business department approval, and reasons for changes, time and other matters timely input of case flow management system.　

                    The fifth chapter on time management
　　 The first section of case trial

     Article fourteenth on the court shall file time enter the judicial process management system. The statutory time limit by the computer system automatically calculate.
　　 Fifteenth cases of the actual trial days from accreditation until the next day closing date. The actual trial beyond the statutory time limit of the case for exceeding the time limits, except that there is not included in the time limit and in the legal time limit of the case before the expiration of the extended time limit according to the law, and ruled that the suspension of litigation interruption.6
　　The trial period for sixteenth cases:
　　 (a) apply the ordinary procedure of first instance trial of the criminal case of public prosecution, the accused in custody the first trial of criminal cases of private prosecution and the appeal of criminal public prosecution, private prosecution cases for the period of one month, not later than one month and a half. There are 126th under one of the circumstances stipulated in criminal procedure law, the trial period may be extended by one month. The incidental civil lawsuit trial period, after the approval of the president of the court, may be extended for two months.
　　 The defendant apply the ordinary procedure of first instance is not in custody of criminal private prosecution cases, for a period of six months; if extension is needed, the approval of the president of the court, may be extended for three months.
　　Civil trial period related procedures shall apply to the criminal procedure law and the judicial interpretation of the relevant provisions. No provisions of the criminal procedure law, with reference to the application of the civil procedure law and the judicial interpretation of the relevant provisions. Incidental civil action shall be trial, the trial period in accordance with the provisions of the civil procedure law for the implementation.
　　(two) the civil cases of the first instance ordinary procedure for trial, for a period of six months; if extension is needed, the approval of the president of the court, may be extended for six months, also need to be extended, the approval of the people's court shall be reported level, and may be extended for three months.
　　Appeal hearing civil verdict, the trial period of three months; if extension is needed, the approval of the president of the court, may be extended for three months.
　　(three) the first trial of administrative cases for a period of three months; if extension is needed, the approval of the people's court at a higher level.7
　　 The trial of administrative cases on appeal for a period of two months, if extension is needed, the approval of the people's court at a higher level.
　　(four) the trial of first instance civil ruling against the case for a period of thirty days. If extension is needed, the approval of the president of the court, may be extended for thirty days.
　　(five) review the application for retrial cases, the trial period of three months. If extension is needed, approved by the president of the court.
　　(six) in accordance with the procedure for trial supervision and re trial of criminal cases for a period of three months; need to extend the time limit, the approval of the president of the court, may be extended for three months.
　　 The civil retrial ruling, administrative cases, according to the different procedure applicable, were provided for the implementation of the first instance or the second instance trial period.
　　(seven) the State Compensation Confirmation trial for a period of six months, the trial to confirm the applicant served notice from the day after accepting computation. Need to extend the time limit, the approval of the president of the court, an extension of three months may be.
　　 Confirmation of acceptance of the application for the applicant to confirm the people's court at a lower level than the trial period, not make a ruling, the appeals to confirm this institute, the Institute shall, within three months of instruction if a people's court ruling or to hear a complaint the day of the receipt of confirmation. Hear the case itself need to extend the time limit, shall be submitted to the approval of the president of the court can be extended for three months.
　　(eight) cases of compensation compensation committee hearing for a period of three months, because of the complexity of the situation, can not make a decision within three months, the approval of the president of the court, may be extended by one month; still can't make the decision to extend the trial period, shall be submitted to the superior8The approval of the people's court, and then extended hours shall not exceed three months.
　　(nine) cases of commutation, parole and probation, parole revocation hearing of the case for a period of one month.
　　Seventeenth can not be the trial case, the general should be concluded in the following determined within time limit:
　　(a) the death penalty review case to trial for four months;
　　(two) for the case of time limit for four months;
　　(three) cases of criminal appeal review for a period of four months;
　　(four) cases of administrative appeal trial for three months;
　　(five) a trial involving foreign, Hong Kong and Macao case trial for twelve months, the second instance involving foreign, Hong Kong and Macao case trial for six months.
　　The second day time limit changes
　　Article eighteenth the following period shall not be included in the time limit:
　　(a) criminal cases in accordance with the following situations, needs during the adjournment of trial:
　　1, due to entrust, designate a defender, the court decided to postpone the trial, since the case announced the postponement of the hearing date until tenth day time to prepare his defense;
　　 2The application for withdrawal, the parties and the trial cannot proceed, decided to postpone the trial time.
　　 3The public prosecutor, discover the case requires supplementary investigation, the postponement of the hearing recommendations, the collegial panel agreed during the one month postponement of the hearing date;
　　4Because of the parties, defenders, agents ad litem, notice new witnesses to9Tribunal, collect new evidence, to apply for re identification or inspection, the hospital decided to postpone the trial period of a month;
　　5The appeal, appeal, put forward new facts and evidence, the court of second instance need to investigate and verify the decided to postpone the trial period of a month;
　　 6The defendant, report, expose others to commit a crime behavior need of verification decided to postpone the trial period of a month.
　　(two) criminal psychiatric examination of the defendant for the time.
　　(three) during the criminal appeal, retrial,'s Procuratorate to examine the case files for more than seven days time.
　　(four) during the civil, administrative case, identification of the announcement.
　　(five) between the parties during the trial of objection of jurisdiction and the court of jurisdictional disputes.
　　(six) the civil, administrative, state compensation cases during the audit, evaluation, translation and liquidation by the relevant professional institutions.
　　(seven) for the new evidence during the investigation.
　　(eight) during the parties to apply for additional defendants or third people and increase, modify the claim after pleading, evidence.

        (nine) during the stay of proceedings to recover action.
　　(ten) during the civil case mediation, reconciliation work needs to be done.
　　(eleven) during the administrative cases need to coordinate the work of the.
　　(twelve) period, reported to the people's court for superiors.
　　(thirteen) need to supplement during the retrieval of relevant case files.10
　　(fourteen) in case of a major, difficult, need to be decided by the judicial committee made the case that, since the submission of the trial committee date to the judicial committee to decide the date of the trial period, the period of leave, not included in the trial period.
　　(fifteen) relates to social sensitive cases, do not rush to close coordination, approved by the collegial panel discussed and approved by the chief, not included in the trial period.
　　(sixteen) the relevant departments will need to seek the views of the case, not included in the comments during the trial period.
　　 (seventeen) for the procuratorial organ fails to appear in court and the postponement of the hearing period.
　　Article nineteenth in any of the following circumstances, it is difficult to close to the legal provisions in the trial period, can extend the time limit:
　　(a) criminal cases
　　 1Grave and complex cases in remote areas, traffic is very inconvenient;
　　 2The group, major crime cases;
　　  3Grave and complex cases, fleeing;
　　 4Crime, involving a wide range of major and complicated cases, evidence of the difficulties.
　　(two) a civil case
　　  1The case of difficult, complex;
　　  2The contradiction, group litigation, such as easily sharpened case needs to do the mediation work;
　　  3, the agreement of the parties, apply to the court for a stay of proceedings;
　　  4Other special circumstances, need to extend the time limit.
　　(three) administrative cases11
　　  1The case of difficult, complex;
　　  2A great social influence, joint action, group litigation or contradiction is likely to intensify coordination case, need to do;
　　  3Major cases involving foreign elements, or Hong Kong, Macao, and Taiwan case;
　　   4Other special circumstances, need to extend the time limit.
　　 (four) cases of state compensation, there are special circumstances, may extend the time limit.
　　 Article twentieth of criminal public prosecution case need supplementary prosecution, supplementary investigation, the people's court for the date of recalculation time from supplementary prosecution or supplementary investigation. The relevant departments shall will be able to prove the trial interrupt and relevant materials of re calculated time to time trial management office confirmed, by the judicial management office re calculated time.
　　Article twenty-first in any of the following circumstances, order to suspend the trial:
　　(a) criminal cases
　　 1The defendant, private prosecutor or suffering from mental disease or other serious diseases, as well as the case the prosecution to the court after the defendants or One's whereabouts is a mystery., resulting in the case can not continue for a long time trial;
　　 2Due to other reasons, can not resist, so the cases cannot continue the trial.
　　(two) a civil case
　　 1, one party dies, need to wait for the heir to indicate whether to participate in the proceedings;
　　 2, one of the parties has lost the capacity for action, the legal representative is not determined yet;12
　　 3As one of the parties, legal person or other organization is terminated, the successor to its rights and obligations has not been determined yet;
　　 4, a party for irresistible reasons, can not take part in the proceedings;
　　 5In this case, must be based on the results of another case as the basis, and the other case has not yet concluded;
　　 6, other legal proceedings shall be suspended.
　　(three) administrative cases
　　 1Death, the plaintiff, must wait for their close relatives to indicate whether to participate in the proceedings;
　　 2The plaintiff, lost the capacity to engage in litigation, legal representative is yet to be determined;
　　 3As one of the parties, administrative, legal person or other organization is terminated, the successor to its rights and obligations has not been determined;
　　 4, a party for irresistible reasons not to participate in the proceedings;
　　 5Involved in the case, the applicable law, need to be reported to the competent authority of interpretation or confirmation;
　　 6The trial of the case, subject to the relevant civil, criminal or other administrative cases as the basis, and the case has not yet concluded;
　　 7, other legal proceedings shall be suspended.
　　 Twenty-second cases of public prosecution of criminal cases of private prosecution, the accused in custody and the defendant has not detained criminal private prosecution cases, the incidental civil lawsuit, need to extend the trial period, it shall submit an application to the president of the court.
　　 Civil cases need to extend the trial period, it shall submit an application to the president of the court, need second extension, it shall submit an application to the people's court at a higher level.13
　　 Administrative cases need to extend the trial period, it shall submit an application to the people's court at a higher level.
　　 State compensation cases need to extend the trial period, it shall submit an application to the president of the court.
　　 Twenty-third business departments shall handle the trial period, be extended, after deducting the interrupt procedures or timely order to suspend the proceedings before in the case of exceeding the time limits.
　　Twenty-fourth business departments shall be notified of the change of the parties, the timely according to the law to obtain approval of the time change and table or suspension of action shall book for Trial Management Office for the record, and shall be change procedures.
　　 On the legal time limit not accepted within the case, all not in accordance with the provisions of deduction, extend or interrupt the trial procedures and not suspend litigation, uniform by exceeding the time limits treatment.
　　 The third day time limit management
　　Article twenty-fifth the trial management office shall strengthen the follow-up management time. Supervise the yellow card, red card two is arranged in the judicial process management system in our hospital:
　　(a) the case trial for fifteen days before expiry of the yellow card signal.
　　(two) cases of extended to produce a red signal handling time.
　　Article twenty-sixth the establishment of time periodic inspection reporting system. The trial management office shall supervise, check and report regularly to the business departments of the implementation deadline.14
　　Article twenty-seventh the judges deliberate delay case, or delay the case due to gross negligence, resulting in serious consequences, according to "the people's court disciplinary measures (Trial)" the provisions of section fifty-ninth shall be punished.
　　

                         The sixth chapter closing, file
　　Twenty-eighth contractors judges should be settled in the legal provisions or the trial period.

      Settlement date twenty-ninth decision, ruled that the case in legal documents dated; mediation and parties request mediation cases reported to date, taking the legal documents sent to the parties of the date; does not require mediation cases reported to date to the last party in the mediation agreement the signature date; date of settlement does not make legal documents on case by case report is subject to final approval date.
　　The time length of thirtieth cases by the Trial Management Office unified input, the application of closed information by the case undertakers accurately and truthfully fill.
　 Article thirty-first the case undertakers to trial management office reported case, proof materials shall provide the following closing time trial management office for examination and registration:
　　(a) the judgment, ruling, decision, the original notification.
　　(two) shall make a mediation book cases, mediation book original and all parties sign the receipt of service; does not require mediation mediation cases, mediation15Agreement.
　　(three) is not the production of legal instruments, to provide business department is responsible for approval of the "statement" case report.
　　 Article thirty-second the judge or clerk in the cases should be within fifteen days after the file archive.
　　 Article thirty-third the appeal, the appeal or the superior people's court case, the higher people's court returned from receiving files within seven days from the date of filing.
　　 Thirty-fourth cases for retrial petition or to an inferior people's court for certiorari, court collect; relevant departments in the conclusion of the case within thirty days after the people's court at a lower level of direct return.
　　Article thirty-fifth the hospital record room after receiving the trial department archiving files, should review the trial management office for approval by the procedures.
　　 Article thirty-sixth the hospital record room received in the business sector to archive, in ten working days to review the files with file standard. If it is unqualified, shall return the books of business department.
　　Article thirty-seventh the hospital record room regularly check and inform the business sector record filing of.
　　

                                      The seventh chapter supervision and examination
　　

    The thirty-eighth trial management office in case the whole process supervision. At the end of every month on the implementation of case flow management of the business sector statistics16Analysis, and to the public.

  The implementation of the provisions of article thirty-ninth business departments, by the hospital performance management departments to reward based on performance management.
　　

                                              The eighth chapter supplementary provisions
　　 Fortieth the provisions by the court's judicial committee is responsible for the interpretation of.

　　  Article forty-first the provisions shall be implemented as of two OO nine years in January 1st. The relevant provisions of the school before the promulgation of inconsistent with the provisions, according to the provisions of.17
　　

   Key words: revision process management copy notification:The school leader, deputy inspector (common printing40A)

     The Hubei Provincial Higher People's Court Management Office  18   2010Years 5 Month21Issued by the