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"Several Opinions on Further Strengthening Judicial Convenience Work"

In order to further strengthen and standardize the judicial convenience work of the People's Courts and better meet the people's new requirements and new requirements for the work of the courts, Looking forward to it, the Supreme People's Court recently issued the "Several Opinions on Further Strengthening Judicial Convenience for the People", which put forward 17 opinions on efforts to solve specific problems in judicial service for the people.

First, set up a special litigation service department dedicated to litigation services. Article 1 of the "Opinions on Convenience for the People" stipulates that people's courts should set up case filing halls or litigation service centers to receive letters and calls, guide litigation, case inquiries, contact case handlers, forward litigation materials, answer questions about litigation, answer questions after judgment, and guide parties to reasonably Work on selecting dispute resolution methods and more. [Details]

Interpretation: "This is the first time that the Supreme Court requires people's courts at all levels across the country to establish specialized litigation reception service departments to implement counter-style and one-stop litigation services." Responsible for the Supreme Court Research Office people expressed. [Details]

Second, break the rules and provide special litigation services. Article 2 of the "Opinions on Convenience for the People" stipulates the "unconventional" litigation service measures of the People's Court. First, the people's courts should establish a non-working day case filing and petition reception system based on actual work needs; second, the people's courts can provide door-to-door case filing services for some special circumstances where it is inconvenient for the elderly, disabled, and sick patients to participate in litigation. Achieve "home service". [Details]

Interpretation: The person in charge told reporters that under normal circumstances, the People's Court should work on working days, but if the parties have practical difficulties in filing lawsuits or participating in litigation during working days, the People's Court should urgently In response to the urgent needs of the masses, we can receive visits and prosecutions from the masses on rest days, fully reflecting the humanistic care of the judiciary. [Details]

Third, strengthen patrol case handling and solve problems on the spot. Article 6 of the "Opinions on Convenience for the People" once again emphasizes that grassroots people's courts should actively carry out circuit trials based on local actual conditions. For remote areas or areas where disputes are concentrated, the people's courts should conduct regular and irregular rounds to handle cases, file cases on the spot, try the cases on the spot, mediate immediately, conclude the case immediately, and execute the case on the spot. At the request of the parties, the grassroots people's courts and people's tribunals may also hold hearings at a reasonable time agreed upon by the parties when necessary. [Details]

Interpretation: Circuit handling of cases is a traditional trial method of the People's Court that serves the people. However, due to the increasingly heavy workload of the courts in recent years, circuit trials have been affected to a certain extent. As long as the people's courts and judges handle cases with deep feelings for the people, they will surely be able to enhance their service awareness, improve service levels, make judicial work closer to the people's hearts, sentiments, and public opinions, and win the recognition and conviction of the people. [Details]

·Simplify procedures in accordance with the law and improve litigation efficiency

The "Opinions on Convenience for the People" stipulates several important measures for the people's courts to improve litigation efficiency, effectively reduce litigation costs and reduce litigation burden for parties .

First, establish a remote case filing mode. Article 2 of the "Convenient Litigation" stipulates that basic people's courts can make appointments to file cases by telephone, online, etc.

Second, establish a mechanism for separating traditional and simplified texts and speeding up editing. Article 4 of the "Opinions on Convenience for the People" stipulates that grassroots people's courts should establish and improve mechanisms for separating complex cases from simple cases and for quick adjudication, focusing on resolving disputes through mediation, quickly resolving conflicts, and improving litigation efficiency.

Interpretation: The separation of traditional and simplified cases and the expedited adjudication mechanism are important measures taken by the People's Court in recent years to separate cases and differentiate procedures based on case circumstances to improve litigation efficiency. Simple cases are resolved through the expedited adjudication mechanism. Some courts have also established special expedited adjudication tribunals, which mainly handle disputes through mediation, shorten the case handling cycle, greatly improve the case handling efficiency, and achieve good results. They are called "Green Channel for Litigation".

Third, further simplify the case trial procedures. Article 5 of the "Opinions on Convenience for the People" stipulates that "the grassroots people's courts should strictly implement the legal provisions on the application of simplified procedures in hearing cases.

Based on the application of the parties and with the consent of the other party, the People's Court may further simplify the relevant aspects of the simplified procedure in accordance with the law and give full play to the efficiency advantages of the simplified procedure. For cases that are subject to ordinary procedures, upon application by the parties and with the consent of all parties, the People's Court may simplify the procedures for trial in accordance with the law. ”

Interpretation: Summary procedure is a quick trial procedure designed for simple cases. The People’s Court must apply summary procedure to cases that should be applied to summary procedure. For cases that apply to summary procedure and ordinary procedure, If the parties request further simplification of the trial procedures, it does not violate the mandatory provisions of the law. The People's Court should also simplify the procedures and fully improve the efficiency of litigation. [Details]

· Investigate and collect evidence according to law to maintain fairness in litigation

In civil cases, the people's court can take the initiative to investigate and collect evidence. According to the provisions of the Procedural Law, Article 7 of the "Opinions for the Convenience of the People" further emphasizes that if the parties apply for the people's court to investigate and collect evidence in compliance with legal provisions, they should promptly investigate and collect evidence. For those who are really incapable of investigating and collecting evidence, , according to the actual needs of the case, the people's court can also take the initiative to investigate and collect evidence.

Interpretation: In civil cases, the problem of investigation and evidence collection is common, and it is sometimes difficult to ascertain the facts of the case solely by relying on the parties' evidence. , when the parties have difficulty in providing evidence, the People's Court can obtain evidence ex officio. This is a very important system to ensure the fairness of the judgment. [Details]

·Increase judicial openness and promote sunshine justice

First, improve the auditing system to facilitate the people to observe cases. Article 9 of the "Opinions for the Convenience of the People" makes detailed provisions on further improving the system for people to observe court hearings. First, cases decided by the court to be heard in public should be strictly in accordance with the law. Announce court opening information to facilitate the people to observe case trials; second, simplify the audit approval procedures, and applicants who meet the conditions for auditing should be issued a hearing or allowed to directly participate in the audit with their ID cards; third, the court should proactively invite relevant personnel to observe the case. Regularly invite deputies to the National People's Congress and members of the Chinese People's Political Consultative Conference to observe case hearings.

Second, establish a public inquiry system for litigation documents. Article 10 of the "Opinions on Convenience for the People" clearly stipulates that the people's courts will gradually establish an inquiry system for judicial documents and litigation files. People's courts that have the conditions to do so can establish a system for disclosing case judgments and enforcement information online in accordance with the law.

Interpretation: The problem of querying judgment documents and litigation files has always been restricted due to the actual material conditions of the people's courts, and the people's interest in it has been limited. The right to know cannot be realized. In recent years, with the improvement of funding and material equipment of people's courts, it is now possible to establish a query system for judgment documents and litigation files in courts with good material conditions.

Third. , implement a public hearing system. Article 11 of the "Opinions on Convenience for the People" stipulates that "People's courts may implement a public hearing system in the handling of cases such as execution, retrial review, commutation and parole, and state compensation, and consciously accept the supervision of the court's work by the parties and the public. . ”

Interpretation: The hearing system is an administrative procedure that is conducive to listening to opinions from all sides, especially the public’s views on issues, and ensuring that decisions are in line with public opinion. Regarding some special issues in the work of the People’s Court For issues that need to be resolved by relying on public opinion, the "Opinions for the Convenience of the People" stipulates that a public hearing system can be used to ensure that the issues are resolved fairly. [Details]

·Strengthen supervision and management to ensure judicial fairness

Art. 1. Actively accept the supervision of NPC deputies and CPPCC members. Article 9 of the "Opinions on Convenience for the People" clearly stipulates that the People's Court should regularly invite NPC deputies and CPPCC members to observe cases and actively accept the supervision of the NPC and CPPCC members.

Interpretation: According to the provisions of the Constitution, the people's courts should be responsible to the people's congresses at the same level and their standing committees and accept their supervision.

Second, Article 12 of the "Opinions on Convenience for the People" clearly stipulates. "The people's courts should strengthen trial management, implement a trial deadline supervision system, strictly enforce case extension conditions, and increase the rate of case closure and execution within the trial deadline. We should do a good job in handing over first-instance, second-instance and retrial case files, clarify the transfer deadline, unify the transfer method, implement transfer responsibilities, and solve the problem of difficulty in transferring case files.

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Interpretation: The problem of exceeding the trial limit is one of the judicial issues that the people have concentrated and strong complaints about, and the best way to solve this problem is to further tighten the trial limit system and strengthen trial limit supervision.

Interpretation: In order to improve judicial statistical indicators, especially the trial settlement rate and execution settlement rate, some courts stop accepting cases in advance before the end of the year, causing parties to be unable to file cases for a certain period of time.

Fourth, Article 16 of the "Convenience Opinions" stipulates that "the People's Court shall establish a case supervision card system, and the parties shall voluntarily fill in their evaluation opinions on the work of the case handlers when the case is concluded." The parties’ evaluation opinions on the litigation activities of case handlers shall be included in the evaluation scope of trial and execution work. ”

Interpretation: The supervision of the parties is undoubtedly the most direct supervision of the trial work, and accepting the supervision of the parties in accordance with the law is the most effective supervision of the trial work. The case supervision card system stipulated in the "Convenience Opinions" marks the Judicial supervision has reached a new stage. 〔Details〕

·Emphasis on popularization of justice to enhance judicial credibility

First, Article 3 of the "Opinions on Convenience for the People" stipulates. It has established a litigation risk warning and litigation rights and obligations notification system, proactively helping parties to understand litigation risks and litigation rights and obligations as early as possible, so as to ensure that parties can fight their lawsuits clearly, smoothly and convincingly.

P. 2. Emphasis on judicial assistance. Article 8 of the "Opinions on Convenience for the People" stipulates that the People's Court may invite deputies to the People's Congress, members of the CPPCC, and grassroots people to provide litigation assistance to assist the People's Court in mediating and enforcing cases; with the consent of the parties, the People's Court may The case is entrusted to the People's Mediation Committee, relevant administrative departments, social groups or grassroots people's organizations to mediate, and if an agreement is reached through mediation, the People's Court shall confirm it in accordance with the law.

Thirdly, the written judgment document determines the parties. The direct carrier of rights and obligations is the main form that displays the process, reasons, and legal basis of the people's court's decision in a case. Therefore, the judgment document must be clearly understood by the parties to avoid misunderstandings by the parties and trigger issues of appeals and petitions. Article 13 of the "Opinions for the Convenience of the People" clearly stipulates that the judgment documents must first strive to use popular, concise and easy-to-understand language so that the parties can understand it; secondly, they must strive to provide sufficient arguments, thorough reasoning, and appropriate application of the law so that they can be understood clearly. The parties are convinced; third, it must be accurate and avoid errors and omissions. Fourth, strengthen judicial assistance and protect people’s livelihood. Article 15 of the “Opinions on Convenience for the People” stipulates two aspects: First, the people’s courts should be strict. We should do a good job in reducing and waiving litigation fees in accordance with the law, and solve the problem of litigants being unable to litigate due to financial difficulties; secondly, actively coordinate with relevant departments to promote the establishment of judicial relief funds, and increase the number of cases where the perpetrators are unable to compensate and the persons subject to execution have no property for execution. Provide social assistance to victims of various cases and other people in difficulty involved in litigation to ensure their survival and livelihood [Details]

Interpretation: Let the people hear and see clearly the litigation activities and results. Understanding clearly and accurately is an important part of judicial popularization. Judicial activities must not be lofty and divorced from the people. If the people cannot understand and understand litigation activities, they will not be able to accept and recognize judicial work, and the credibility of the judiciary will be compromised. be harmed. Therefore, the "Opinions on Convenience for the People" emphasizes the requirement of popularization of judicial work.