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Provisions of the Supreme People's Court on Several Issues Concerning the Registration and Filing by the People's Court
[2015-04-24]

Provisions of the Supreme People's Court on Several Issues Concerning the Registration and Filing by the People's Court

 

(Adopted at the 1647th session of the Judicial Committee of the Supreme People's Court on April 13, 2015) 

Interpretation No. 8 [2015]   

 

  Announcement of the Supreme People’s Court of the People’s Republic of China

  The Provisions of the Supreme People's Court on Several Issues Concerning the Registration and Filing by the People's Court, as adopted at the 1647th session of Judicial Committee of the Supreme People's Court on April 13, 2015, is hereby issued and comes into force as from May 1, 2015.

 The Supreme People's Court 

 April 15, 2015 

  To protect the legal right of action of citizens, legal persons and other organizations according to law and enable the people's courts accept cases in time according to law, the Provisions are formulated according to the provisions of the Civil Procedure Law of the People's Republic of China, the Administrative Procedure Law of the People's Republic of China, the Criminal Procedure Law of the People's Republic of China and other related laws. 

  Article 1 The people's court shall implement the filing and registration system on the civil cases at first instance, administrative cases and private prosecutor criminal cases as accepted by it according to law. 

  Article 2 The people's court shall accept the petitions of both lawsuits and private prosecutions, and issue a written receipt, which shall indicate the receipt date.

  The people's court shall register the lawsuits and private prosecutions filed that meet the legal requirements for filing on the spot. 

  The people's court shall give instructions on the lawsuits and private prosecutions that do not meet the legal requirements.

  Article 3 The people's court shall provide the sample of the petition, and provide demonstration and guidance on the draft of the petition by the party concerned.

  If it is truly difficult for the party concerned to draft the petition, that party may file an oral lawsuit which shall be contained in the records by the people's court. The people's court shall register the petitions that meet the legal requirements for filing.

  Article 4 The civil complaint shall contain the following information: 

  i. The plaintiff's name, sex, age, nationality, occupation, employer, address, contact information; the legal person or other organization's name, domicile and its legal representative or main principal's name, title and contact information;

  ii. The defendant's name, sex, employer, domicile, etc. the legal person or other organization's name, domicile, etc.

  iii.The claim and the basic facts and causes; 

  iv. Evidence and the source thereof;

  v. The name and domicile of the witness, if any.

  The administrative complaint shall be drafted with reference to the civil complaint.

  Article 5 The criminal complaint shall contain the following items:

  i. The name, sex, age, nationality, education background, occupation, employer, address, contact information of the private prosecutor or complaint agent, defendant;

  ii. The time, place, means, circumstances and consequences of the crime committed by the defendant;

  iii. The specific claim; 

  iv. The court, to which the petition is submitted and the submission time; 

  v. The name and source of the evidence; 

  vi. The name, domicile, contact information of the witness, if any.

  Article 6 The following materials shall be submitted by the party that files a lawsuit or private prosecution: 

  i. Where the prosecutor or private prosecutor is a natural person, the copy of his/her identity certificate shall be provided; where the prosecutor, private prosecutor is a legal person or other organization, the copy of its business license or Organization Code Certificate, the identity certificate of its legal representative or main principal shall be provided; if the legal person or other organization cannot provide its organization code, then it is required to provide the explanation on the cancellation of the organization; 

  ii. In the event of entrusted suit or suit filed by an agent, the authorization letter, the identity certificate of the agent, and the identity certificate of the complaint agent and other related materials; 

  iii. The specific name, domicile and other information that is sufficient to differentiate the defendant from others; 

  iv. The original of the petition and the copies thereof of the same number as that of the defendant and other parties concerned; 

  v. Evidence or supporting materials relating to the claim.

  Article 7 In the event that the petition and materials submitted by the party concerned do not meet the requirements, the people's court shall inform in writing that party to make correction within the specified period in one time.

  If the party concerned make correction within the specified period, the period within which the people's court decides whether or not to file the case shall commence from the date on which the corrected materials are received.

  If the party concerned fails to make correction within the specified time limit, the petition shall be returned and recorded; and if that party insists on lodging a lawsuit or private prosecution, the court may decide not to accept and file the case.

  If the corrected materials still cannot meet the requirements, the court may decide not to accept and file the case.

  Article 8 Where the court cannot decide whether or not the lawsuit or private prosecution filed by the party concerned meet the legal requirements, one of the following actions shall be taken depending on the specific circumstance: 

   i. In the event of a civil or administrative case, the court shall decide whether or not to file the case within seven days after receiving the petition; 

  ii. In the event of a private criminal case, the court shall decide whether or not to file the case within fifteen days after receiving the private criminal complaint;

  iii. In the event of a suit of the third party discharging the judgment,  the court shall decide whether or not to file the case within thirty days after receiving the petition; 

  iv. In the event of a suit of objection during enforcement, the court shall decide whether or not to file the case within fifteen days after receiving the petition.

  If the court cannot decide whether or not the lawsuit or private prosecution filed meets the legal requirements within the statutory time limit, the court shall file the case first.

  Article 9 Where the court decide not to accept the lawsuit or private prosecution or file the case, a written adjudication or decision shall be issued, indicating the cause.

  Article 10 The people's court will not register or file the following lawsuits and private prosecutions: 

  i. The lawsuit is illegal or does not meet the legal requirements; 

  ii. The lawsuit involves hazards to national sovereignty and territorial integrity;

  iii. The lawsuit may harm the security of the country;

  iv. The lawsuit may have damage to the unity of the country and nationality; 

  v. The lawsuit may violate the religion policies of the State;

  vi. The lawsuit is beyond the jurisdiction of the people's court.

  Article 11 If the party concerned fails to pay the litigation costs within the statutory time limit after the case is registered and filed, it shall be deemed that the lawsuit is withdrawn, except where the conditions for deferment or reduction or exemption of the litigation costs are met.

   Article 12 After the case is registered and filed, the Case-filing Tribunal of the court shall transfer the case to the tribunal for trial. 

  Article 13 In the event that the court refuses to accept the petition, does not issue written confirmation after accept the petition, does not inform the party concerned of the contents that need to be corrected in one time, refuses to file the case, postpones or hinders the filing of the case,  neither files the case nor makes any adjudication or decision, or commits other acts in contravention of laws or disciplines, the party concerned may make complaint to the people's court to which the lawsuit is filed or its superior people's court.

  The people's court shall ascertain the fact within fifteen days after accepting the compliant, and make feedback to the party concerned.  In case of violation of laws and disciplines, the offender shall be investigated for liability; if the act has constituted a crime , the offender shall be investigated for criminal liability according to law.

  Article 14 For the convenience of the parties involved to exercise their right of action, the people's court provide such litigation services as online filing, appointment filing, and tour filing of cases.

  Article 15 The people's court promote the construction of a diversified dispute settlement mechanism, respect the parties' right to choose mediation, administrative mediation, industrial mediation, arbitration and other means to protect their interests and resolve disputes.

  Article 16 The people's court maintains the case registration and filing procedures according to law to promote the construction of litigation integrity. Those who interfere with the filing order or file false lawsuits will be subjected to fine or detention according to the relevant provisions of the Civil Procedure Law and Administrative Procedure Law; if the act has constituted a crime, the offender shall be investigated for criminal liability according to law.

  Article 17 "Filing a lawsuit" hereunder means that the party concerned files a civil or administrative lawsuit; "private prosecution" means that the party concerned files a private criminal lawsuit.

  Article 18 Enforcement and registration and filing of applications for state compensation shall be implemented according to the Provisions.

  The Provisions will not apply to the filing of cases of appeal, application for retrial, criminal appeal, review implementation and state compensation appeal.

  Article 19 The registration and filing cases by the people's tribunals shall be subject to the Provisions.

  Article 20 The Provisions are enacted as of May 1, 2015. In case of any conflict between the previous provisions on case-filing and the Provisions, the Provisions shall prevail.

 

 

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