Now, the "Implementation Opinions on Simplifying the Litigation Procedure of Quick-cutting and Quick-trial Cases" are issued to you, please conscientiously implement them according to the actual situation.

July 8(th), 2020

Zhoukou intermediate people's court

Suggestions on simplifying the litigation procedure of quick adjudication and quick trial cases

In order to simplify the litigation procedure of quick trial cases, make the procedure of quick trial cases more concise, simplify the process, shorten the time limit, reduce the litigation cost, and realize the goal of "quick trial of simple cases and careful trial of complex cases", this scheme is specially formulated according to the trial practice in our hospital.

Article 1 According to the actual work, our hospital has set up the first team, the first team and the second team, and marked a number of judges and executors in the administrative, criminal and executive courts respectively to hear civil, administrative and criminal cases and execute them quickly.

Article 2 Pre-trial meetings and evidence exchange are generally not held before the trial of cases with quick adjudication and quick trial. If it is really necessary to convene or organize, it should be carried out in a two-level centralized manner.

Article 3. Cases with quick adjudication and quick trial shall be tried in outpatient department. Before the court session, the assistant judge will read out the procedural work such as court discipline, informing the parties of litigation risks, informing them of litigation rights and obligations, and asking whether to apply for withdrawal, or inform them in writing when serving the summons for court session, and the judges will hold court sessions in turn.

Article 4 A case of quick adjudication may be heard in court at night, rest days and legal holidays according to the application of the parties or the needs of the trial, or it may be heard in circuit at the parties' residences, offices, communities and other places and handled on the spot.

Article 5 A case that is tried quickly may be tried directly around the litigation request, and is not restricted by court investigation, court debate and other court proceedings. If both parties indicate that there is no need for a time limit for adducing evidence or for defending, the people's court may hold a hearing directly. If the parties have exercised their right of reply, the court session time is not limited by the time limit for proof and the time limit for reply.

The parties fill in the case elements table to simplify the trial procedure around the case elements. For types of cases such as labor disputes, traffic accidents, marriage and family affairs with relatively concentrated case elements and trial points, for financial loan contract disputes, private lending disputes, sales contract disputes, motor vehicle traffic accident liability disputes, labor disputes, divorce disputes, credit card disputes, government information disclosure, trademark authorization confirmation administrative disputes, etc., the element trial can be gradually implemented. , so as to determine the trial order according to the relevant elements and the litigation request, and conduct court investigations around the controversial elements simultaneously. Non-controversial elements should be directly confirmed by mutual consent.

Explore and simplify the implementation of case property investigation. In other cases in the same period, it has been found that the person subjected to execution has no property to execute, and if the applicant for execution has no objection to the property status of the person subjected to execution, the property investigation may be stopped.

For cases that are suitable for quick judgment and trial, we advocate the application of mobile micro-courts for online court sessions to improve the live broadcast rate of court sessions.

Article 6 For simple civil and administrative cases of the same type or series filed by multiple parties respectively, one case shall be selected for demonstration trial first, and the trial standard shall be established. Other cases shall be handled in batches with reference to demonstration cases.

The types of disputes to which model litigation can be applied mainly include

(A) commercial housing sales disputes

(2) Disputes over compensation for securities losses.

(3) Labor disputes

(4) Disputes against consumers' rights and interests

(5) product liability disputes;

(six) property management disputes;

(7) Disputes over compensation for environmental damage;

(eight) private lending disputes.

Article 7 In principle, a judgment shall be pronounced in court when a case is tried in court through the expedited procedure. When sentencing in court, the judge shall identify the facts of the case in court, explain the reasons and basis of the judgment, and record it in the court record.

Advocate simple case mediation. If all the parties have applied for mediation time, or if mediation is still possible, the verdict may not be pronounced in court.

Article 8 For cases with quick adjudication and quick trial, simple judgment documents such as element type, writ type and tabular format shall be applied according to the types of cases to simplify reasoning. If it is performed immediately in court, the relevant information shall be recorded in the trial record after soliciting the consent of all parties, and no judgment document shall be issued.

Article 9. Cases that are tried quickly should generally be concluded within 10 days, and not more than 15 days at most; Cases handled by the way of quick trial and quick disposal shall generally be concluded within 30 days, and the longest time shall not exceed 60 days. However, during the period of speedy trial, the time limit for the parties to raise counterclaims and jurisdictional objections due to the increase or change of litigation requests is not included in the above time limit. If the trial time limit stipulated by laws and judicial interpretations is shorter than the above time limit, it shall be implemented in accordance with laws and judicial interpretations.

Article 10 Cases for quick judgment and trial shall be served as quickly and simply as possible. If the parties and their agents ad litem agree to accept electronic service, electronic service is preferred. The service personnel shall record the fax sending and receiving number, email sending and receiving mailbox, sending time, and the name of the litigation documents served, and print the fax sending confirmation form and the successful email sending webpage for future reference. If it is delivered by SMS or WeChat. The service personnel shall record the sending and receiving mobile phone number, sending time, and the name of the litigation documents served, and take photos of the contents delivered by SMS, WeChat, etc. And save them for future reference. If the parties and their agents ad litem refuse electronic service, they shall be served directly or by mail.

Article 11 A modern science and technology court shall be built to realize the functions of voice conversion, timely scanning of paper evidence to generate electronic file materials, and actively use electronic audio and video recording and automatic voice recognition to generate words instead of clerks to record court trials, so as to effectively improve trial efficiency.

Article 12 These Measures shall be implemented as of the date of promulgation.