Recently, the NPC Standing Committee adopted an amendment to the "PRC Civil Procedure Law" decision, the Civil Procedure Law revised (hereinafter referred to as the "new law") will be implemented from January 1, 2013. This is the law since 1991 since the implementation of the second revision, the revision of the current civil procedure law (revised on 2007, April 1, 2008 implementation) to further improve, but also added the establishment of public interest litigation, small amount of one judge final system.  
 

1, the small target case, a court

In trying a simple civil case in accordance with the law 157th prescribed in the first paragraph of the new civil procedure law 162nd basic people's court and the tribunals dispatched by it, subject to the provinces, autonomous regions, municipalities directly under the central government last year's annual average wage of employees below 30%, execute a court.

Lawyers interpretation []

The current civil procedural law for the unity of civil case implementation of second instance court, that is to say if a party refuses to accept a judgment, have the right to a higher court of second instance, the second trial does not take effect before the end of the first trial. But in the judicial practice, the individual parties to delay the trial court of final time, extend the implementation period, finds that the facts are clear, the first instance judgment without the correct application of law still appeal, a simple case can sometimes be delayed a year or even longer; on the other hand, such as simple tort, loan, lease dispute case the right to litigation, suffer from too long a time, rights are not timely relief and give up the action, and by some non normal or even illegal means to exercise "private relief", causing a greater loss.

In view of the above situation, the new civil procedure law for the case of small amount, for summary trial, adding "system of one trial", helps to reduce the parties v.tired, saving judicial resources, and realize the fairness and justice.

2, the choice of court, should be "effectively connected sites and controversy"

The new civil procedure law thirty-fourth contracts 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 jurisdiction.

Lawyers interpretation []

Current civil procedure law have established the "agreement jurisdiction" system, namely, the parties may by agreement, to choose contract or the property dispute cases under the jurisdiction of the court to prosecute the future. The new civil procedure law in the current civil procedure law "provisions of the domicile of the defendant, the performance of the contract, the contract is signed, the plaintiff's domicile, the subject matter of" 5 types of "fixed" agreed jurisdiction, increased "effectively connected place" and the dispute, the original 5 "fixed" jurisdiction into lists the actual contact, the agreement jurisdiction is more flexible in practice. In addition, the scope of agreement jurisdiction of the case, from the original only applies to "contract dispute", to "contract or other property disputes".

In the application of the agreed jurisdiction, the need to pay attention to is, first of all can not violate the provisions of jurisdiction. Second, the agreed place and not dispute without any real contact.

For example: the issue IOU to neighbor borrowed 50000 yuan and an old man in Shijiazhuang live, both sides cannot agree that the dispute by the Shijiazhuang intermediate people's court or the Supreme Court of Hebei Province under the jurisdiction of bill, that would violate the "provisions of jurisdiction by level". The two neighbors is not agreed with the loan has no connection to the jurisdiction of the court of Beijing. But if the old man's son to neighbors offered jointly and severally guarantee for repayment, son live in Beijing City, Chaoyang District, Beijing City, Chaoyang District has become the actual contact locations and loan disputes, the District People's court as stipulated under the jurisdiction of the court.

3, the rapid service of legal documents, improve the efficiency of trial

The new law has served the first paragraph of article eighty-seventh people agree, the people's court may use fax, email to confirm the receipt of litigation documents, but the judgment, ruling, mediation book except.

Lawyers interpretation []

In judicial practice, some parties due to travel in the field or moving, often can not receive the court post indictment, pleading, evidence, the court summons, notice of appeal and other legal instruments, sometimes losing proof, defense and other procedural rights. There are also individual parties to delay the trial period, the court did not receive the service of legal documents, the court can only lead to a service of legal documents in the form of notice. These conditions have greatly increased the judicial cost, prolong the case closed time.

The new civil procedure law added a new mode of service, so the court can the parties agree, by fax, e-mail and other convenient way to judgment, ruling in the legal document, the book beyond the mediation paper, effectively improve the trial efficiency, reduce the fatigue of the parties concerned.

4, the court shall not accept the lawsuit, must issue a ruling, protect the litigation rights of the parties

The new civil procedure law article 123rd the people's court shall safeguard the parties in accordance with the law to enjoy the right to sue. In accordance with the law article 119th prosecution, must accept. In line with the conditions for prosecution, shall be filed within seven days, and notify the party concerned; do not meet the conditions of prosecution, shall make a ruling within seven days, will not be accepted; the plaintiff is dissatisfied with the ruling, it may file an appeal.

Lawyers interpretation []

"On file" has been the common people often reflect the problem. Current civil procedure law stipulated that: it does not meet the statutory conditions of prosecution court prosecution, have the right to rule not to accept, the plaintiff is not satisfied with the ruling, may appeal in accordance with the law. But some local court, received the plaintiff indictment, to the prosecution material grounds, unresponsive, the complaint does not meet the requirements, only in oral form to make inadmissible decision, caused the plaintiff appeal rights can not be the normal exercise.

The new civil procedure law clearly stipulates, in line with the conditions for prosecution, must be filed within seven days, inadmissible decision must be made in writing, in order to effectively protect the litigant's right of suit.

5, missing third people lead to wrong verdicts, third people can be sued directly change the original judgment

The new civil procedure law article fifty-sixth paragraph third the provisions of the preceding two paragraphs third, because you cannot blame me for not to participate in the litigation, but there is evidence that a legally effective judgment, ruling, mediation book all or part of the error, damage the civil rights and interests, can be self knows or should know within six months the civil rights of the date of injury, to make the judgment, ruling, the people's court mediation. The people's court, the claim is established, shall be changed or reverse the original judgment, ruling, mediation; litigation request is not established, dismissed the action request.

Lawyers interpretation []  

The current civil procedural law provisions, for the effective judgment, ruling, unless in accordance with legal procedures, start to the procedure for trial supervision or revoked, general force or mandatory, any court, arbitration institution may not make the opposite decision and adjudication. If there is an effective judgment because third people not to participate in the litigation, and made the wrong decision, the only third people in the court to start the retrial procedure, retrial procedure and after (only the retrial retrial may undergo a trial, second instance) will the original judgment may be amended or cancelled, litigation, safeguard their the legitimate rights and interests. The play "two case" more litigation process complex, often can last for years.

Case playback: a developer years ago, would have been sold to the owners of commercial housing (not for real estate certificates), the illegal use of land "in the construction" in the form of mortgaged to the bank to obtain loans, after the expiration of the loan, the bank direct prosecution developers court developers repayment, the repayment of bank loans of 100000000 yuan and interest, and ordered banks to mortgage the house to enjoy the right of mortgage. And the owners until the court posted the announcement of the implementation, have learned to buy their own and in years of housing risks faced by the court for compulsory execution.

When the owners sued developers for the property permits, but was told the house on the banks of a mortgage, unable to handle the real estate certificate. Industry mainly want to get the real estate certificate, must pass through the retrial procedure, to revoke the bank enjoy mortgages the original effective judgment, in order to re prosecution developers. The case after a few years, is still in the retrial process.

The new law gives no fault of the third person without the trial supervision procedures, direct prosecution. As in the case of the owners, can not the retrial procedure, directly to make the original verdicts of the court, request directly to the mortgage banks due to illegal set null and void, and asked developers to perform the contract, handle the real estate certificate. The author thinks that will reduce the parties v.tired, is of positive significance to improve the judicial efficiency of error correction.

6, expand the preservation measures, the court may order "behavior"

The new civil procedure law the first paragraph of article 100th the people's court may if a party's acts or other reasons, the decision to execute or other damage caused by the case, according to the request of the other party, be a ruling, the preservation of property shall be ordered to make certain actions or forbid them to make certain behavior; the absence of such application, the people's court may rule the preservation measures when necessary.

Lawyers interpretation []

The current civil procedural law provisions, may be due to a party's acts or other reasons, the impossible or hard to execute the judgment of the court case, according to the application or the authority to adopt property preservation measures, but the preservation measures is limited to the property seizure, seizure, freezing and other measures. The new law will "shall be ordered to make a certain behavior or to prohibit certain acts as the new" preservation measures, to ensure the execution of the judgment, avoid the decision before the commencement of a behavior to the other party irreparable damage, plays an important role in.

For example: there are people published articles and photos privacy or the right of reputation, the right of portrait in a blog or website, the infringer and victim refused to remove, even through the lawsuit wins, bad influence has lasted for a long time. According to the new civil procedure law, the victim can apply to the court for a pre litigation preservation in the first time, the court may order the infringer to related sites immediately or remove infringing blog, the victim's damage to a minimum.

7, false, malicious prosecution tort litigation through escape execution behavior, will be punished by the law

Between the new civil procedure law article 112nd party malicious collusion, in an attempt to litigation, mediation, infringes upon the lawful 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.

Article 113rd the execution of malicious collusion with others, through litigation, arbitration, mediation and other ways to escape to perform the obligations specified in the legal document, the people's court shall according to the seriousness of the circumstances, impose a fine of detention; constitutes a crime, shall be investigated for criminal responsibility according to law.

Lawyers interpretation []

In judicial practice, there will be the parties to achieve the purpose of appropriation of property or to escape execution, collude with others "processing" some "self" lawsuit, the court's decision, others will just property to "friends", this is a typical false litigation or malicious action.

For example: a civil case, the defendant lawsuit, the plaintiff may apply to the court for compulsory execution in the process, the defendant colluded "friends" common forged large IOUs, let "friends" Sue themselves, and in the proceedings to quickly reach a mediation, the defendant under the name of the property transferred to the name of "friends", so that the effective judgment became unable to implementation of the "white". The provisions of article two of the new civil procedure law added, the false action of malicious litigation, the court does not support, but also directly to the court for "party" judicial detention, fine rights, until it shall be investigated for criminal responsibility.

Counsel

False action of malicious litigation, if the circumstances are serious, it may violate the criminal law, constitute a crime of fraud, crime of refusing to execute judgments, obstruction of witnessing such as criminal, hope "parties" not to defy the law.

8, new types of public welfare lawsuit, to further explore the public interest litigation procedure door open

The new civil procedure law fifty-fifth of the pollution of the environment, against the legitimate rights and interests of consumers, damage the public interests, the law of the relevant organs and organizations can bring a lawsuit to the people's court.

Lawyers interpretation []

The current civil procedural law not as cases of public interest litigation type. The new civil procedure law the new types of public welfare lawsuit, the pollution of the environment, a wide range of violations of consumer rights and interests, damage the public interests litigation cases, included in the category, and the provisions of the relevant agencies and organizations authorized by law can be used as the plaintiff.

At present, China has no legal authority to the relevant authorities or organizations filed public interest litigation, public interest litigation trial principle, procedure, responsibility, reward and is divided into a series of problems in theory and system of income, also need to fumble ceaselessly in practice, study and perfect. But after all, Chinese public interest litigation procedure has opened the door.