The latest interpretation of civil procedure law

The new judicial interpretation of the civil procedure law was formally implemented on February 4, 201May. There are six highlights in the judicial interpretation of the new People's Procedure Law: protecting the right to appeal, changing the filing review system into the filing registration system, and standardizing the withdrawal behavior. In order to implement the requirements of the "Decision" of the Fourth Plenary Session of the 18th CPC Central Committee on reforming the case acceptance system of the people's courts, protect the right to appeal according to law, and establish a case registration system. The judicial interpretation of the Civil Procedure Law stipulates that the people's court shall punish those who meet the prosecution conditions stipulated in Article 119 of the Civil Procedure Law and do not belong to the circumstances stipulated in Article 124 of the Civil Procedure Law. If it is uncertain whether the conditions for prosecution are met on the spot, it shall receive the prosecution materials and issue a written certificate indicating the date of receipt. If it is necessary to supplement relevant materials, the people's court shall promptly inform the parties concerned. After completing the relevant materials, it shall decide whether to file a case within seven days. "The judicial interpretation of the Civil Procedure Law also protects and standardizes the parties' application for withdrawal of the lawsuit in the first, second and retrial stages according to law, increases the elements of counterclaims, clearly stipulates the judgment criteria for inadmissibility due to repeated prosecutions, and makes detailed provisions on the parties' change or increase in litigation requests." Du Wanhua said. Highlight 2: the court discipline spreads the trial information on the spot without permission, and the court can forcibly delete it. In recent years, with the rapid development of modern technology and information network, during the trial of a case, some litigants have recorded, videotaped, photographed and reported the trial activities by mail, blog, Weibo and WeChat without permission. There has been a phenomenon that individual litigants and observers attack and cajole the court, openly beat the other party in court and insult the judge, which has aroused public concern. In this regard, the judicial interpretation of the Civil Procedure Law stipulates that if the trial activities are recorded, videotaped or photographed without permission, or if the trial activities are broadcast live by mobile communication means without permission, the people's court may temporarily detain the participants in the proceedings or other people for recording, videotaping, photographing and disseminating the trial activities, and order them to delete the relevant content; Refuses to delete, the people's court may take necessary measures to forcibly delete. The openness of the trial is an important guarantee to realize the justice of the trial. The judicial interpretation of the Civil Procedure Law strictly enforces the provisions of the trial in court, which limits the circumstances in which the second instance and retrial proceedings can be held without trial, further standardizes the production of judgment documents, and stipulates the scope and methods of applying for access to judgment documents. "As a supporting result of the judicial interpretation of the Civil Procedure Law, we are formulating the style of civil litigation documents of the people's courts, comprehensively sorting out and standardizing the legal documents involved in civil litigation, and formulating operational rules to effectively improve the level and quality of making judgment documents. "Sun Youhai, director of the Office of the Leading Group for the Implementation of the Civil Procedure Law after the revision of the Supreme Law, said. Highlight 3: Electronic evidence, short messages, Weibo and online chat records are the cornerstones of modern civil litigation system. The Decision of the Fourth Plenary Session of the 18th CPC Central Committee pointed out that it is necessary to fully implement the rules of evidence adjudication, collect, fix, preserve, examine and use evidence in strict accordance with the law, improve the system of witnesses and expert witnesses appearing in court, and ensure that trials play a decisive role in ascertaining facts, identifying evidence, safeguarding the right to appeal and fair adjudication. In this regard, the judicial interpretation of the civil procedure law has added the provisions of the principle of burden of proof distribution, and rationally distributed the burden of proof; To provide for the punishment of overdue certificates and their consequences in different levels and in different situations; Increase the provisions on judges' organizing cross-examination and certification, and guide and standardize judges' organizing cross-examination and certification activities; The provisions on the principle of judges' examination and judgment of evidence are added, requiring judges to disclose the reasons and results of their examination and judgment of evidence. According to the judicial interpretation of the Civil Procedure Law, information formed or stored in electronic media by means of e-mail, electronic data exchange, online chat records, blogs, micro-blogs, mobile phone short messages, electronic signatures, domain names, etc. It can also be used as evidence in civil cases. Highlight 4: the principle of good faith is included in the "blacklist" of those who fail to perform their obligations. In recent years, false statements, perjury, false mediation, malicious collusion to harm the interests of others and evasion of execution have occurred from time to time in civil litigation, and must be severely punished. Du Wanhua said that the revised Civil Procedure Law added the provisions that civil litigation should follow the principle of good faith in the general part, and the provisions prohibiting false litigation and evading execution in the specific part, revised and raised the upper limit of fines for obstructing civil litigation, and increased the sanctions. In order to promote the integrity of litigation, the judicial interpretation of the Civil Procedure Law stipulates that if the party who bears the burden of proof refuses to sign the guarantee, and the facts to be proved lack other evidence, the people's court will not recognize the facts it claims. If a witness refuses to sign the letter of guarantee, he shall not testify and bear the relevant expenses. If the person subjected to execution fails to perform the obligations specified in the legal documents, the people's court may, in addition to punishing the person subjected to execution, include him in the list of the person subjected to execution for breach of trust according to the circumstances, and inform his unit, credit reporting agency and other relevant institutions of the information that the person subjected to execution fails to perform or does not fully perform his obligations. Highlight 5: Public interest litigation needs preliminary evidence of public interest damage. The revised Civil Procedure Law of 20 12 adds the public interest litigation system, but there is only one provision. Article 55 of the law: "For acts that pollute the environment, infringe upon the legitimate rights and interests of many consumers and harm the public interests, the law stipulates that organs and relevant organizations may bring a lawsuit to the people's court." In order to standardize the orderly conduct of public interest litigation, the judicial interpretation of the Civil Procedure Law, in accordance with the legislative intent, combined with relevant trial practice, specifies in detail the acceptance conditions for bringing public interest litigation. According to the judicial interpretation of the Civil Procedure Law, the relevant organs and organizations should meet the following conditions in addition to the provisions of Article 55 of the Civil Procedure Law: having a clear defendant; There are specific claims; There is preliminary evidence that the public interest has been harmed; It belongs to the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court under appeal. In order to clarify the jurisdiction court of public interest litigation cases, the judicial interpretation of the Civil Procedure Law stipulates that public interest litigation cases shall be under the jurisdiction of the intermediate people's court in the place where the infringement is committed or where the defendant is domiciled, unless otherwise stipulated by laws and judicial interpretations. A public interest lawsuit brought for pollution of the marine environment shall be under the jurisdiction of the maritime court of the place where the pollution occurred, the place where the damage resulted or the place where anti-pollution measures were taken. Where a public interest lawsuit is filed with two or more people's courts for the same infringement, it shall be under the jurisdiction of the people's court that first filed the case, and shall be designated by the people's court at a higher level if necessary. Small claims clarify the first and final cases of small claims such as property and telecom service contracts. What is the small claims procedure? Article 162 of the Civil Procedure Law stipulates that the basic people's courts and the courts dispatched by them shall try simple civil cases that conform to the provisions of the first paragraph of Article 157 of this Law. If the bid amount is lower than 30% of the average annual salary of employees in all provinces, autonomous regions and municipalities directly under the Central Government, the final judgment of first instance shall be executed. According to this regulation, China has established small claims procedure, and this judicial interpretation has been detailed. The judicial interpretation of the Civil Procedure Law clearly stipulates that nine types of money payment cases, such as sales contracts, loan contracts, lease contract disputes, bank card disputes, property, telecommunications and other service contract disputes, are subject to small litigation procedures. Personal relations, property ownership disputes, foreign-related civil disputes, intellectual property disputes, disputes that need to be evaluated or have objections to the results of pre-litigation evaluation and appraisal, and other disputes that are not suitable for first instance and final adjudication are not applicable to small litigation.

Legal objectivity:

1. Pre-trial meeting 1. Pre-trial meeting procedure is called intermediate procedure in Germany, pre-trial procedure in France, pre-trial meeting in the United States, and pre-trial ending procedure in Japan and Taiwan Province Province of China. Different countries and regions have slightly different regulations on this procedure, but generally speaking, in the pre-trial meeting, it is the main content of the pre-trial meeting procedure to determine the list of people and witnesses to avoid and exclude illegal evidence, so as to determine the focus of the trial. 2. The pre-trial meeting is not a necessary procedure before the trial, but the people's court, according to the complexity of the public prosecution case or other needs, convenes relevant personnel to understand the facts and evidence, listens to the opinions of both the prosecution and the defense, sorts out the disputes, and conducts preparatory activities for the trial. II. Convening of Pre-trial Meeting Article 183 of the Supreme People's Court's Interpretation of Application stipulates: "A judge may convene a pre-trial meeting in any of the following circumstances: 1. The parties, their defenders and agents ad litem apply for the exclusion of illegal evidence; 2. There are many evidences, and the case is significant and complicated; 3. Great social impact; 4.3. Other circumstances that require a pre-trial meeting. Civil litigation court 1 the contents of the pre-trial meeting, clarifying the plaintiff's claim and the defendant's defense opinions; 2. Review and handle the application of the parties to increase or change the claims, counterclaims and claims related to this case put forward by third parties; 3. According to the application of the parties, decide to investigate and collect evidence, entrust appraisal, ask the parties to provide evidence, inspect and preserve evidence; 4. Organize evidence exchange; 5. Summarize the focus of the dispute; 6. mediate. The pre-trial meeting of civil litigation is the preparation before the trial of civil litigation. The content of the pre-trial meeting of civil litigation includes many things, mainly to understand the opinions on the litigation request of the case. Pre-trial meeting in civil litigation can improve the efficiency of the court, improve the quality of trial, reduce disputes and make the case concluded faster. Therefore, the pre-trial meeting in civil litigation is very meaningful.