The revised law stipulates: "the pollution of the environment infringement of the legitimate rights and interests of consumers, many damages social public interests, the law of the relevant organs and organizations may bring a lawsuit to the court".
2, can be pre agreed under the jurisdiction of the court
The revised law stipulates: "the contract or other disputes over property rights and interests of the parties to a written agreement to choose the place where the defendant has his domicile, the performance of the contract, the contract is signed, the plaintiff's domicile, the subject matter is located under the jurisdiction of the people's court, the place that is actually related with the dispute, but not in violation of the provisions of this Law regarding jurisdiction by level and exclusive under the jurisdiction of the."
3, the parties concerned may apply for the withdrawal of the judicial personnel
The revised law stipulates: "the judicial personnel in any of the following circumstances, it shall voluntarily withdraw, the parties shall have the right to apply orally or in writing for his withdrawal: one is a party to the case or the parties, agents ad litem relatives; two is the interest in the case; there are three other parties, and the litigation agent, may affect the impartial handling of the case.At the same time, the judicial personnel accept the parties, agents ad litem, treat or gift, or in violation of the regulations meet with the parties, agents ad litem, the parties shall have the right to request him to withdraw."
If the court does not review the application for withdrawal and direct trial and judgement, is a serious illegal program, should be corrected according to appeal or the procedure for trial supervision.
4, electronic data can be used as evidence
Electronic data is stored in the electronic media information, including electronic signature, QQ chat records, micro-blog DMS and formatted hard disk through the recovery obtained information and so on, has the difference with the traditional video, audio and other audio-visual materials.
5, general litigation documents can e-mail service
The revised law stipulates: "the people's court to serve people agree, can send a fax, email to confirm the receipt of litigation documents,But the judgment, ruling, mediation book except."The new "Civil Procedure Law" has also improved the retention of service mode, new electronic service.If the parties refused to receive the documents, the people's court in addition to invited representatives of grass-roots organization or the unit to prove the parties have served outside, also can take the litigation documents in the domicile, photos, video recording service process that has been served.
6, increase the Party grassroots legal service workers, staff, the community recommended citizens as an agent
The revised law stipulates: "the following persons may be entrusted as an agent ad litem: one is the legal services lawyers, grassroots workers; two is a close relative of a party or the staff; three is the community, units and other relevant social organizations recommend citizens."
7, the malicious lawsuit in serious cases will be investigated for criminal responsibility
The revised law stipulates: "the parties malicious collusion between, through litigation, mediation and other ways to infringe upon the legitimate rights and interests, the people's court shall reject the request, and according to the seriousness of the circumstances, impose a fine of detention; constitutes a crime, shall be investigated for criminal responsibility according to law."
8, small claims cases will execute a court
The revised law will the small sum litigation subject to determine the relative numbers -- subject to the provinces, autonomous regions, municipalities directly under the central government, the annual average wage of workers below thirty percent.According to the regulations, the provinces and municipalities the small sum litigation subject will be slightly different, and each year shall be adjusted according to the average annual wage amount released.
The small sum litigation subject vary annually, to determine the specific standard can be used in two ways: one is the direct release, published annually provinces hear small claims amount; two is the Supreme Court authorized provinces annually announce the small sum litigation subject.
The new "Civil Procedure Law" provisions of the facts are clear, the rights and obligations are clear, less controversial civil cases, which mainly include: (1) the sale contract dispute, dispute, the loan contract leasing contract disputes and contract disputes; (2) the identity relation clearly, there exists only in the payment of the amount of controversy, the time of the maintenance fee, alimony, maintenance disputes; (3) clear responsibility, liability of motor vehicle traffic accident disputes the claim of the plaintiff loss amount determination and other personal injury liability disputes; (4) for the supply of water, electricity, gas, heating contract disputes; (5) the bank card dispute case etc..In addition, like personal relationship disputes, property rights disputes cases, additional party or to file a counterclaim cases, involving intellectual property cases, are not applicable to small claims procedure.
Whether the application procedure, the decision by the court, the parties may raise objections.If the objection, the case will be transferred to the summary procedure and common procedure.
Before the court, the court will issue "the parties to the lawsuit notice", informing the procedure applicable conditions, the trial organization, mode of trial, a court of retrial application right, and other important events.The court may also request the parties to carry all the evidence and notify the witness in the court, and strive to do a session, the court verdict, the court judgment is served by.Application of small claims procedure cases, can also be mediation.
The small claims procedure is then simplified summary procedure, the trial period than the general summary procedure 3 month trial period to be short of.
9, retrial problem
The revised law stipulates:"The parties to a legal decision has taken effect, ruled, that is wrong, but to a higher court for retrial; one party or both parties for the large number of civil cases, can apply to the court for retrial.The parties apply for a retrial, judgment, execution of the ruling shall not stop."
Trial grade from the original"Unidirectional"Superior court, into"Bidirectional"On the court and the trial court, the retrial of the right to the parties, may decide to retrial and asked what level.
10,If the burden of proof
The revised law stipulates the court on overdue evidence, using three measures: first, admonition, or criticism, education; second, a fine of third, shall not be accepted.
11, the procuratorate supervision
In one of the following cases, the parties may apply to the people's Procuratorate procuratorial suggestions or protest: the court rejected the application; the court fails to apply for retrial ruling; and judgment, ruling is obviously wrong.New revise the parties to the procuratorate procuratorial suggestions or protest application conditions, if the parties that the decision is wrong, first to the court, may encounter inadmissible, rejecting the application, and then sentenced to a judgment or ruling is still wrong three cases, in which three cases, if one can find the procuratorate. 12, the malicious collusion crime will be the responsibility The new "Civil Procedure Law" in the provisions of the principle of honesty and credit, ask the parties and other participants in the proceedings, the implementation of action in a lawsuit to exercise their litigation rights or obligations shall be honest and credible, otherwise it will bear the legal consequences of its adverse.In the proceedings, if the party and the other party malicious collusion, fictional civil legal relationship, fabricated the facts of the case, a false protocol, cheat the court mediation, the parties claim infringement of the rights of others, not only can not get the support of the court, the court will be according to the seriousness of investigate its corresponding legal responsibility.
13, the mediation agreement should apply for judicial confirmation Civil rights and obligations and other disputes, the administrative organ, the people's mediation organizations, commercial mediation organization, industry mediation organization or other have mediation functions under the mediation, both parties can reach a voluntary with civil contract nature of the mediation agreement.Within 30 days from the date of entry into force the mediation agreement, both parties to the mediation organization where the grassroots people's court for judicial confirmation, the mediation agreement is legally binding and enforceable. 14, the settlement agreement reached by fraud, coercion is invalid The new "Civil Procedure Law" increased "the person applying for enforcement due to fraud, coercion and execution to reach a settlement agreement, the people's court may upon application of the party concerned, to restore the specified execution of the original effective legal document".If the person applying for enforcement by fraud, coercion to reach a settlement agreement and were executed, may apply to the people's Court on the recovery of execution of the original effective legal documents.The people's court may, according to the application, resume execution of the original effective legal document.