" top people court about revising < top people court about rigid standard case of civilian trade issue is lengthened careful is restricted and the regulation of problem of delay open a court session > decide " already tried committee by top people court on Feburary 25, 2019, grant to announce now, apply since March 28, 2019.
Top people court
On March 27, 2019
Law commentate 2019 〕 of 〔 4
(the 1762nd meeting of committee of trial of court of top on Feburary 25, 2019 people is discussed through, apply since March 28, 2019)
Rule according to top people court the 1762nd meeting of committee decides, right " top people court about rigid standard thing case lengthens civilian business to careful is restricted and adjourn the regulation of sessional problem " (the following abbreviation " regulation " ) make following modification:
One, increase a provision the 2nd: "Code of civil law the 146th of the 4th regulation ' other the case that ought to adjourn ' , it is to because of,point to force majeure or accident brings about front courtyard careful cannot the case of on the rails. It is to because of,point to force majeure or accident brings about front courtyard careful cannot the case of on the rails..
2, increase a provision the 3rd: "People court ought to restrict delay open a court session strictly to hear a time. Applicable and average order hears case of civilian trade issue, delay open a court session tries a frequency not to exceed twice; Applicable and simple and easy program and small fast cut a program into parts to hear case of civilian trade issue, delay open a court session tries a frequency not to exceed. Delay open a court session tries a frequency not to exceed..
3, increase a provision the 4th, cent money: "Relation of obligation of clear, right makes clear court of basic level people and the judicial cognizance fact that its expedite, dispute is not big simple case of civilian trade issue, applicable and simple and easy program. " " court of basic level people and provision of the section before cognizance accords with the court that its expedite and the forehead of mark is personnel of obtain employment of the year on each province, municipality, municipality directly under the Central Government year average wage double the following civilian trade issue case, ought to applicable and simple and easy program, law and judicatory explanation provide the case exception of not applicable and simple and easy program. " " the case of civilian trade issue that applicable and simple and easy program hears, program of the preparation before the front courtyard such as the conference before evidential exchange, front courtyard and sessional program undertake along with all the others, organize separately no longer. " " the case of applicable and simple and easy program, service of not applicable announcement. Service of not applicable announcement..
4, will " set " the 2nd " again sessional " long instead: "Delay open a court session is tried " .
5, will " regulation " article order makes adjust accordingly: "The 2nd " adjust for " the 5th " , "The 3rd " adjust for " the 6th " , "The 4th " adjust for " the 7th " , "The 5th " adjust for " the 8th " , "The 6th " adjust for " the 9th " .
This decision applies since March 28, 2019.
According to this decision, " regulation " make after be revised accordingly and adjusting article order, announce afresh.
Top people court about rigid standard thing case lengthens civilian business to careful is restricted and adjourn the regulation of sessional problem(the 1737th meeting of committee of trial of court of top on April 23, 2018 people is passed, the 1762nd times according to committee of trial of court of top on Feburary 25, 2019 people the conference passes " top people court about revising < top people court about rigid standard case of civilian trade issue is lengthened careful is restricted and delay is sessional the regulation of the problem
Close right increase to safeguard a litigant, basis " code of civil law of People's Republic of China " wait for a regulation, combinative adjudgement is actual, lengthen careful to be restricted to wait for concerned problem to set as follows with delay open a court session with respect to case of civilian trade issue now.
When court of the first people hears case of civilian trade issue, ought to abide by law and the provision that judicatory explains to concerned careful is restricted strictly. The first instance case that applicable and average order hears, careful is restricted to be 6 months; The first instance case that applicable and simple and easy program hears, careful is restricted to be 3 months. Hear a:appellant case to the court decision, careful is restricted to be 3 months; Hear a:appellant case to the ruling, careful is restricted to be 30 days.
Legal provision has special situation to need those who be restricted to lengthen careful, hold the post of judge or collegiate bench to ought to be in alone deadline at the expiration of one's term of office 15 offerred application to this academy dean a few days ago, show detailed circumstance and reason. The dean ought to be in deadline at the expiration of one's term of office 5 made a decision a few days ago.
After via this academy dean approval lengthens careful to be restricted still cannot end a case, need again prolate, ought to be in deadline at the expiration of one's term of office 15 applied for approval ranking people court is approved a few days ago. Ranking people court ought to be restricted in careful at the expiration of one's term of office 5 made a decision a few days ago.
The 2nd code of civil law the 146th of the 4th regulation " other the case that ought to adjourn " , it is to because of,point to force majeure or accident brings about front courtyard careful cannot the case of on the rails.
Court of the 3rd people ought to restrict delay open a court session strictly to hear a time. Applicable and average order hears case of civilian trade issue, delay open a court session tries a frequency not to exceed twice; Applicable and simple and easy program and small fast cut a program into parts to hear case of civilian trade issue, delay open a court session tries a frequency not to exceed.
Relation of obligation of clear, right makes clear court of people of the 4th basic level and the judicial cognizance fact that its expedite, dispute is not big simple case of civilian trade issue, applicable and simple and easy program.
Court of basic level people and provision of the section before cognizance accords with the court that its expedite and the forehead of mark is personnel of obtain employment of the year on each province, municipality, municipality directly under the Central Government year average wage double the following civilian trade issue case, ought to applicable and simple and easy program, law and judicatory explanation provide the case exception of not applicable and simple and easy program.
The case of civilian trade issue that applicable and simple and easy program hears, program of the preparation before the front courtyard such as the conference before evidential exchange, front courtyard and sessional program undertake along with all the others,
The case of applicable and simple and easy program, service of not applicable announcement.
After open a court session of court of the 5th people hears case of civilian trade issue, think to need delay open a court session to try, ought to tell party lawfully next time sessional time. Twice sessional time interval must not exceed a month, but the except that agrees because of force majeure or party.
The 6th holds the post of a judge alone or collegiate bench is applicable code of civil law of open a court session of delay of decision of the 146th the 4th regulation, ought to sign up for approval of this academy dean.
Court of the 7th people ought to deadline of the time of put on record the case, cognizance, deduct, lengthen, recount careful is restricted, the case that delay open a court session hears reachs main content, according to " the regulation that top people court publishs adjudgement flow information through Internet about people court " reach its in time to party legal agent, lawsuit agent is open. Party reachs his legal agent, lawsuit agent disagrees, can apply for to supervise to the court that hears a case lawfully.
The 8th intended regulation of discipline of lawbreaking, adjudgement, adjudgement government is protracted handle a case, perhaps handle a case because of error incur loss through delay, cause serious consequence, according to " byelaw of punish of people court clerk " the 47th regulation gives punish.
This the 9th provision applies since April 26, 2018; The judicatory explanation that top people court releases before this and normative sex file and this regulation is abhorrent, it is with this regulation accurate.
