The new rules of the Supreme People's Court, the transcripts of the trial and other information sha

introduction:

Recently, the Supreme People's Court has implemented the principle of open trials, safeguards the parties' right to know about trial activities, and regulates the people's courts to open the trial process information through the Internet, and promulgated the "Provisions of the Supreme People's Court on the People's Courts to Publicly Dispense Process Information Through the Internet." In particular, it is worth mentioning that the transcripts of litigation activities such as clear trials, cross-examination, evidence exchange, pre-trial meetings, investigation and evidence collection, inquests, inquiries, and sentencing should be directed to the parties and their legal representatives and litigation agents through the Internet. The defender is open. This provision may not be a new rule for lawyers in Jiangsu Province. The "Notice of Jiangsu Provincial Higher People's Court on Regulating Lawyers' Appraisal and Copying Trial Examinations" issued in January 2016 clearly states that "the lawyer has the right to In the course of litigation, at the end of the trial or before the filing of the case file, the court transcript of the case is reviewed and reproduced, but the provision only applies to the courts in Jiangsu Province. It is not applicable to other provinces and cities. I have been in other provincial and municipal courts. It is required to take pictures of the trial transcripts and hit the wall. The introduction of this new regulation by the Supreme Court is extremely good news for lawyers and parties.

 

Supreme People's Court

announcement

The Provisions of the Supreme People's Court on the Information on the Public Trial Process of the People's Court through the Internet was passed by the Supreme People's Court Judicial Committee at its 1733th meeting on February 12, 2018. It is hereby promulgated and will come into force on September 1, 2018.

Supreme people's court

March 4, 2018

Law Interpretation [2018] No. 7

Supreme people's court

Provisions on the People's Courts' Public Judicial Process Information via the Internet

(Adopted at the 1733th meeting of the Judicial Committee of the Supreme People's Court on February 12, 2018, effective September 1, 2018)

In order to implement the principle of open trials, protect the parties' right to know about trial activities, regulate the people's courts to open the trial process information through the Internet, promote judicial justice, and improve judicial public trust, according to the "Criminal Procedure Law of the People's Republic of China" The Law, the Administrative Litigation Law of the People's Republic of China, the State Compensation Law of the People's Republic of China and other laws and regulations, in accordance with the actual work of the people's courts, these Provisions are formulated.

Article 1 The process information of the people's courts for trial of criminal, civil, administrative, and state compensation cases shall be disclosed to the parties involved in the proceedings and their legal representatives, litigation agents, and defenders through the Internet.

The people's courts can review the process information of major socially-influenced cases and make them available to the public through the Internet or other means.

Article 2 The people's courts shall publicly and order the information of the trial process through the Internet, and shall be legal, standardized, timely and convenient.

Article 3 The China Trial Process Information Open Network is a unified platform for the people's courts to openly review the process information. The people's courts at all levels set up links to the China Trial Process Information Open Network on the portal website of the Institute and the judicial open platform.

A conditional people's court may, through the mobile phone, litigation service platform, telephone voice system, e-mail, and other auxiliary media, actively push the trial process information of the case to the parties and their legal representatives, litigation agents, and defenders, or provide inquiry services.

Article 4: The people's court shall inform the parties and their legal representatives, litigation agents, and defenders of the methods and concerns for obtaining the trial process information through the Internet in the notice of accepting the case, the notice of responding, the notice of participation in the notice of suit, and the notice of appearance. matter.

Article 5 The identity document number, legal practitioner license number, organization code and unified social credit code of the parties, legal representatives, litigation agents and defenders are the basis for the identity verification of the information on the trial process.

The parties and their legal representatives, litigation agents and defenders shall cooperate with the people's courts that accept the case to collect and verify the identity information and reserve a valid mobile phone number.

Article 6 If the people's court informs the parties to respond to the lawsuit, participate in the lawsuit, permit the parties to participate in the lawsuit, or serve the parties by means of an announcement, after completing the collection and verification of their identity information, the trial process information shall be disclosed in accordance with these Provisions.

If the party withdraws from the lawsuit, the court will not disclose the trial process information to the party and its legal representative, the agent or the defender after the people's court confirms it according to law.

Where a legal representative, an attorney, or a defender participates in a lawsuit or changes, the provisions of the preceding two paragraphs shall be followed.

Article 7 The following procedural information shall be disclosed to the parties and their legal representatives, litigation agents and defenders through the Internet:

(1) Receiving cases, filing information, and closing the case;

(2) Information of the procuratorial organ and the penalty enforcement agency, and the information of the parties;

(3) Trial organization information;

(4) Information on trial procedures, trial deadlines, delivery, appeals, protests, and transfers;

(5) The time and place of litigation activities such as trial, cross-examination, evidence exchange, pre-trial meetings, inquiries, and sentencing;

(6) The publication of the judgment documents in the Chinese refereeing documents network;

(7) The provisions of laws and judicial interpretations shall be open or other procedural information that the people's court considers to be public.

Article 8 Process information such as avoidance, jurisdictional disputes, preservation, prior execution, evaluation, and appraisal shall be disclosed to the parties and their legal representatives, litigation agents, and defenders through the Internet.

If the process information such as public preservation and prior execution may affect the handling of the matter, it may be disclosed after the matter has been processed.

Article 9 The following litigation documents shall be disclosed to the parties and their legal representatives, litigation agents and defenders through the Internet after they have been served:

(1) Litigation documents such as the indictment, the appeal, the retrial application, the appeal, the national compensation application, and the defense;

(2) Accepting the notice of case, the notice of responding, the notice of participation in the proceedings, the notice of appearance, the notice of the members of the collegial panel, the subpoena, etc.;

(3) Judgments, rulings, decisions, mediations, and other judgment documents that have the effect of suspending or ending the proceedings, or having an influence on the rights of the parties and having a significant influence on the rights of the parties;

(4) The provisions of laws and judicial interpretations shall be open or other litigation documents that the people's courts consider to be open.

Article 10 The transcripts of litigation activities such as trial, cross-examination, evidence exchange, pre-trial meetings, investigation and evidence collection, inquests, inquiries, and sentencing shall be disclosed to the parties and their legal representatives, litigation agents and defenders through the Internet.

Article 11 Where the parties and their legal representatives, litigation agents and defenders apply for access to the audit recordings and electronic files, the people's courts may provide access through the China Trial Process Information Open Network or other litigation service platforms and set necessary security protections. Measures.

Article 12 Information concerning the judicial process involving state secrets, as well as legal or judicial interpretations that should be kept confidential or restricted, shall not be disclosed to the parties and their legal representatives, litigation agents, and defenders through the Internet.

Article 13 If the information of the trial process that has been published is inconsistent with the actual situation, the actual situation shall prevail, and the people's court that accepts the case shall promptly correct it.

Where the information of the trial process that has been published is listed in Article 12 of these Provisions, the people's court that accepts the case shall withdraw it in time.

Article 14 Subject to the written consent of the person to be served, the people's court may electronically serve the parties to the civil or administrative case, their legal representatives and the legal representative through the China Trial Process Information Open Network, except for the judgment, ruling, and mediation. Litigation documents.

Where the case is delivered in the preceding paragraph, the people's court shall collect and verify the identity information of the person to be served in accordance with Article 5 of these Provisions, and establish a personal-only immediate receiving system for it. The date on which the litigation documents arrive at the system is the date of delivery, and the system automatically records and generates a delivery return to be included in the electronic file.

If the litigation documents that have been served need to be corrected, they should be re-delivered.

Article 15 The Supreme People's Court supervises and guides the disclosure of information on the trial process of the national courts. The senior and intermediate people's courts supervise and guide the disclosure of the trial process information of the district courts.

The trial management office of the people's courts at various levels or other institutions undertaking the functions of trial management shall be responsible for the disclosure of the trial process information of the court and perform the following duties:

(1) Organizing and supervising the disclosure of information on the trial process;

(2) Handling complaints and opinions and suggestions from the parties and their legal representatives, litigation agents and defenders on the disclosure of information on the trial process;

(3) Guiding the technical department to do technical support and service guarantee;

(4) Other management work.

Article 16 The business norms and technical standards for public trial process information shall be separately formulated by the Supreme People's Court.

Article 17 These Provisions shall come into force on September 1, 2018. Where the judicial interpretations and normative documents previously issued by the Supreme People's Court are inconsistent with these Provisions, these Provisions shall prevail.