The Supreme People's Court issued new regulations to strictly regulate the trial and error of civil

The Supreme People's Court recently issued the "Provisions of the Supreme People's Court on Strictly Regulating the Limitation of Trial and Extension of Civil and Commercial Cases and the Extension of Trial Sessions", which provides detailed and strict regulations on the extension of trial and extension of civil and commercial cases and the extension of court sessions.

Highlight 1: The extension of the trial limit should be decided five days before the expiration of the trial limit.

The regulations are clear. If there are special circumstances that require the extension of the trial limit, the first extension of the trial limit shall be submitted to the President of the Court 15 days before the expiration of the time limit. The President shall make a decision five days before the expiration of the time limit. If it is necessary to extend the trial limit again, it shall be reported to the people's court at a higher level for approval before the expiration of the deadline. The people's court at a higher level shall make a decision five days before the expiration of the trial limit.

Highlight 2: The interval between two sessions should not exceed one month.

The regulations are clear. After the people's court has tried the civil and commercial case, if it believes that it is necessary to reopen the court, it shall inform the parties of the time of the next hearing. The interval between two sessions shall not exceed one month, except as a result of force majeure or consent of the parties.

Highlight 3: The circumstances and reasons for the delay in the trial are open to the parties and agents.

The regulations are clear. The people's court shall deduct, extend, recalculate the trial limit, delay the trial and the circumstances of the trial, and promptly disclose it to the parties and their legal representatives and litigation agents.

 

The full text of the regulations:

Provisions of the Supreme People's Court on Strictly Regulating the Limitation of Trial and Extension of Civil and Commercial Cases

 

The Provisions of the Supreme People's Court on Strictly Regulating the Limits of Trial and Extension of Civil and Commercial Cases was passed by the Supreme People's Court Judicial Committee at its 1737th meeting on April 23, 2018. It is hereby published, since April 26, 2018. It will be implemented from day to day.

Law Interpretation [2018] No. 9

Supreme People's Court

Provisions for strictly regulating the trial and extension of civil and commercial cases and delaying the opening of courts

(Adopted at the 1737th meeting of the Judicial Committee of the Supreme People's Court on April 23, 2018, effective as of April 26, 2018)

In order to safeguard the lawful rights and interests of litigants, according to the "Civil Procedure Law of the People's Republic of China" and other provisions, in conjunction with the actual practice of trials, the relevant issues concerning the extension of trial and extension of civil and commercial cases and the extension of the trial are as follows.

Article 1 When the people's court hears civil and commercial cases, it shall strictly abide by the provisions of the law and judicial interpretation of the relevant trial limits. The first-instance case for the ordinary procedure is limited to six months; the first-instance case for the summary procedure is limited to three months. The appeal case for the judgment is limited to three months; the appeal case for the ruling is limited to 30 days.

Where the law stipulates that there are special circumstances that need to be extended, the sole judge or collegial panel shall apply to the president of the court 15 days before the expiration of the time limit, and explain the details and reasons. The president shall make a decision five days before the expiration of the time limit.

After the approval of the president of the court to extend the trial limit, the case cannot be closed. If it needs to be extended again, it shall be reported to the people's court at the higher level for approval before the expiration of the deadline. The people's court at a higher level shall make a decision five days before the expiration of the trial limit.

Article 2 After the people's court has tried a civil and commercial case and thinks that it is necessary to reopen the court, it shall inform the parties of the time of the next hearing. The interval between two sessions shall not exceed one month, except as a result of force majeure or consent of the parties.

Article 3 If a sole judge or a collegial panel applies the fourth paragraph of Article 146 of the Civil Procedure Law to decide to postpone the opening of the court, it shall report it to the President of the Court for approval.

Article 4: The people's court shall deduct, extend, recalculate the trial limit, and postpone the trial and the trial of the case, in accordance with the provisions of the Supreme People's Court on the information on the public trial process of the people's court through the Internet. Open to the parties and their legal representatives and litigation agents. If the parties and their legal representatives or agents have objections, they may apply to the courts that accept the case for supervision.

Article 5 Any intentional violation of the law, trial discipline, trial management regulations, delay of handling a case, or delay in handling a case due to negligence, causing serious consequences shall be punished in accordance with the provisions of Article 47 of the Regulations on the Disciplinary Measures of Staff of the People's Court.

Article 6 These Provisions shall come into force on April 26, 2018; if the judicial interpretations and normative documents previously issued by the Supreme People's Court are inconsistent with these Provisions, these Provisions shall prevail.