Is the court slow to file a case at the end of the year?

165438+1On October 23rd, the Supreme People's Court held a national press conference to rectify the phenomenon of not filing a case at the end of the year, and told the outside world that it would adopt "zero tolerance" for the phenomenon of not filing a case at the end of the year, and adopt "one-vote veto" to the courts that were found to have outstanding problems in not filing a case at the end of the year, thus canceling the qualification of evaluating first.

The statement of the Supreme Law has strengthened the confidence of lawyers and parties in the country to improve the difficulty of filing a case at the end of the year in the future. But the problem will not be solved overnight, and the author also reminds the parties and lawyers here.

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Near the end of the year, the court became stricter.

It is generally believed that the difficulty in filing a case at the end of the year lies in the statistics of the settlement rate conducted by the court system at the end of the year. The court system's assessment of the court includes the assessment of the settlement rate of the year. Near the end of the year, it is difficult for the court to close the case before the new year. These unresolved cases will reduce the court's annual settlement rate. Therefore, despite repeated orders from the Supreme Court, in order to reduce the number of pending cases, the court is still unwilling to file a case near the end of the year.

Based on the above considerations, near the end of the year, the court faces an application for filing a case. Judging from the past experience, the filing court of the local court may evade filing a case for various reasons such as case jurisdiction. When encountering some ambiguous situations, the court is more likely to choose to evade jurisdiction. When submitting filing materials, the court may have stricter requirements on the integrity of filing materials, such as the confirmation of service address and other non-core materials. Another way to delay filing a case is that the court only handles the case through "pre-filing", and the case only gets a "pre-litigation registration" and enters the pre-litigation mediation procedure.

The severity of the difficulty in filing a case varies from place to place. On the one hand, it is affected by the pressure of the court to handle cases, on the other hand, it is affected by the level of rule of law construction in local judicial organs.

In terms of time, the situation in different regions is different. After the end of mid-October, it was more difficult for the court to accept the case until New Year's Day.

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What should I do as a litigant and a lawyer?

1. Plan the litigation time.

The parties and lawyers should have certain expectations on the difficulty of filing a case, arrange the filing time reasonably, and avoid losses caused by delay in filing a case. At present, it is 65438+February, and the parties and lawyers need to have enough expectations. At this time, the application for filing a case may be completed in 65438+2022 10. Parties and lawyers need not deliberately avoid submitting materials at the end of the year, because the court will review the filing materials after the New Year's Eve according to the chronological order of submitting materials.

2. Pay attention to jurisdiction.

Attach great importance to the dispute settlement clauses in the contract, ensure that the agreed jurisdiction conforms to the provisions of the Civil Procedure Law, and avoid disputes over the meaning of the clauses.

3. Confirm that the submitted materials are accurate.

After the outbreak, local courts generally adopted online filing. The parties and lawyers need to read the requirements of filing materials carefully and make sure that the prepared application materials are not omitted and meet the format requirements of the application court. If there is any ambiguity, you should directly consult the relevant personnel of the court. For the special requirements of the court for the application materials, the parties and lawyers need to keep calm and try their best to prepare according to the requirements of the court.

4. If the case enters "pre-litigation mediation", if the case itself is not suitable for pre-litigation mediation, the lawyer can clearly reflect the reasons why the case is not suitable for pre-litigation mediation to the filing court.

5. If the court refuses to accept the case without reason, you can call 12368 to make a complaint.

Generally speaking, with the implementation of the reform of "filing and registration system" and the repeated demands of the top management, from the feedback of some lawyers in our office, although some grass-roots courts have special areas, the problem of difficulty in filing cases at the end of the year in most areas has been greatly improved. There are also many examples of successful declaration in February 65438.

In recent two years, affected by the epidemic situation, online filing applications are more, and filing procedures have become more convenient. Parties and lawyers should not be nervous about filing a case at the end of the year. On the premise of making good preparations, the impact of filing a case at the end of the year on litigation may be limited.