20 15 What are the new highlights of the Supreme People's Court's explanation on the application of the Civil Procedure Law of People's Republic of China (PRC)?

Breakthrough 1: protect the litigation rights of the parties

1. Clear registration system.

In the judicial reform, the filing review was changed to the filing registration system, which is reflected in this interpretation. The Interpretation stipulates that if the people's court receives a civil complaint submitted by the party, which conforms to the provisions of Article 119 of the Civil Procedure Law and does not belong to the circumstances stipulated in Article 124, it shall file a case for registration; If it is uncertain whether the conditions for prosecution are met on the spot, it shall receive the prosecution materials and issue a written certificate indicating the date of receipt.

2. stipulate the conditions for withdrawing the lawsuit in the course of litigation.

According to the judicial interpretation, in the second instance and retrial procedure, the people's court may allow the plaintiff of first instance to apply for withdrawing the prosecution with the consent of other parties and without harming the national interests, social public interests and the legitimate rights and interests of others. If the lawsuit is allowed to be withdrawn, the judgment of first instance shall be revoked together. However, the people's court shall not accept the repeated prosecution after the plaintiff in the original trial withdrew the prosecution.

3. Refine the elements of counterclaim.

Judicial interpretation refines the elements of counterclaim. On the issue of the eligibility of the parties, the parties to counterclaim should be limited to the parties to this lawsuit. When counterclaim and the claims of this lawsuit are based on the same legal relationship, there is a causal relationship between them, or counterclaim and the claims of this lawsuit are based on the same fact, the people's court should combine the trials.

Judicial interpretation also excludes the application of counterclaims by negative enumeration, that is, counterclaims should be under the exclusive jurisdiction of other people's courts, or if they have nothing to do with the facts and reasons on which the subject matter of the lawsuit and the claim are based, they will be ruled inadmissible and told to prosecute separately.

4. Determine the identification standard of "one thing is no longer reasonable"

According to the provisions of the new judicial interpretation, the following three situations constitute repeated prosecution:

(1) The parties in the latter lawsuit are the same as those in the previous lawsuit;

(2) The object of the latter lawsuit is the same as that of the former lawsuit;

(3) The claim of the latter lawsuit is the same as that of the previous lawsuit, or the claim of the latter lawsuit substantially denies the judgment result of the previous lawsuit.

Moreover, in other terms, it is also stipulated that one thing will no longer be dealt with. For example, if the plaintiff in the original trial withdrew the prosecution in the second instance procedure and repeated the prosecution, the people's court would not accept it; The people's court shall not accept the repeated prosecution in the first instance after the plaintiff withdrew the prosecution in the retrial procedure.

5. Refine the conditions for changing/adding claims.

The judicial interpretation specifies in detail the conditions for the parties to change/increase their claims. After the case is accepted and before the end of the court debate, if the plaintiff adds a claim, the defendant makes a counterclaim, and a third party makes a claim related to this case, which can be tried together, the people's court shall try it together.

If the plaintiff in the original trial adds a claim in the second instance, the people's court of second instance may mediate the added claim on the basis of the principle of voluntariness of the parties; If mediation fails, the parties concerned shall be informed to file another lawsuit. If both parties agree to have the case tried jointly by the people's court of second instance, the people's court of second instance may make a judgment together.

In the process of retrial, the parties shall be allowed to change/increase the claim under the following four circumstances:

(1) The original trial of the default judgment was not summoned according to law, which affected the parties' exercise of litigation rights;

(2) Adding new litigants;

(three) the loss or change of the subject matter of litigation, which makes the original creditor's rights impossible to realize;

(4) The change, increase request or counterclaim of the parties cannot be resolved through other litigation.

6 detailed provisions to safeguard the legitimate rights and interests of the parties, outsiders and third parties.

As early as the drafting stage of judicial interpretation opinions, issues such as the withdrawal of the lawsuit by the third party, the application for retrial by outsiders, the execution of dissenting cases, the applicable conditions, trial procedures, trial methods and relief channels for the parties to apply for retrial have been actively discussed by legal persons including judges, scholars and lawyers. The new judicial interpretation also clearly stipulates the above contents in order to prevent the overlapping of relevant relief procedures and systems and provide clear guidance for the parties to realize litigation relief.

If a third party can provide evidence to prove that he did not participate in the litigation, or that all or part of the legally effective judgment, ruling or conciliation statement is wrong, or that the contents of the legally effective judgment, ruling or conciliation statement are wrong, which damages his civil rights and interests, the third party may bring a lawsuit for revocation to the people's court that made the legally effective judgment, ruling or conciliation statement within the statutory time limit.

Breakthrough 2: Open court trial and judgment documents to ensure judicial openness.

1. Restrict the second instance and retrial procedure from hearing.

If the following conditions are met in the second instance, the trial may not be held:

(1) refuses to accept the decision of inadmissibility, jurisdictional objection and dismissal of prosecution;

(2) The appeal filed by the party concerned is obviously untenable;

(three) the original judgment or ruling found that the facts were clear, but the application of law was wrong;

(4) The original judgment seriously violates legal procedures and needs to be sent back for retrial.

A retrial case shall be tried in accordance with the procedure of second instance. Only under special circumstances or when both parties fully express their opinions through other means and agree in writing not to hold a hearing can the hearing be held in public.

2. Improve the level of judgment documents and stipulate the reference mode and scope of judgment documents.

A judicial interpretation often needs supporting facilities. Although the provisions on judgment documents are not reflected in the text of this judicial interpretation, the relevant person in charge of the Supreme Court particularly emphasized this point when answering a reporter's question. Sun Youhai, director of the judicial interpretation project team, said that the Supreme Law is formulating the style of civil litigation documents of the people's courts, comprehensively sorting out and standardizing the legal documents involved in civil litigation, formulating operational rules, and effectively improving the production level and quality of judgment documents. There will be thousands of litigation documents in the future; At the same time, the scope and methods of applying for access to judgment documents are also being clarified.

Breakthrough 3: Review and Application of Evidence

1. Clarify the principles and rules of burden of proof.

The judicial interpretation clarifies the principle of burden of proof, that is, in the litigation of confirmation, alteration or extinction, the parties should bear the burden of proof for the basic facts of the existence, alteration or extinction of legal relationship or the damage of rights, and the parties who cannot prove should bear the adverse consequences before making a judgment.

2. Guide judges to cross-examine, authenticate and disclose relevant evidence.

The judicial interpretation is clear, and the evidence without cross-examination by the parties shall not be used as the basis for determining the facts of the case. Evidence recognized by the parties in the pre-trial preparation stage shall be regarded as cross-examination evidence after being explained by the judges in the trial. At the same time, it explains the object of cross-examination, that is, cross-examination needs to focus on the authenticity, legitimacy and relevance of the evidence to be proved.

Evidence that can reflect the true situation of the case, is related to the facts to be proved, and the source and form conform to the legal provisions shall be used as the basis for determining the facts of the case, and the specific circumstances that it is indeed difficult to submit the original documentary evidence as stipulated in Article 70 of the Civil Procedure Law are clarified.

The judicial interpretation also particularly emphasizes that the people's courts need to make public the reasons and results of the judgment while judging the probative force of evidence according to law.

3. Identification of electronic evidence

The judicial interpretation is clear, and audio-visual materials include audio-visual materials and video materials. Electronic data refers to information formed or stored in electronic media by means of e-mail, electronic data exchange, online chat records, blogs, Weibo, SMS, electronic signature and domain name. What's special is that Weibo's chats with the Internet can be used as "evidence in court".

4. Expert-aided system

In this judicial interpretation, the identity of a "person with specialized knowledge" that has been briefly mentioned in the Civil Procedure Law is specified in two articles with 265 words. The main content involves that the number of people who can apply is one or two, and their speeches are equivalent to the statements of the parties. People with specialized knowledge applied by both parties may confront the relevant issues in the case, and people with specialized knowledge may not participate in court proceedings other than professional issues.

Breakthrough 4: improving trial efficiency

1. Improve the provisions of small claims and summary procedure cases.

The Interpretation of Civil Procedure refines the rules of summary procedure, including that service can be carried out in a simple way; The time limit for adducing evidence shall be determined by the people's court, or agreed by the parties through consultation and approved by the people's court, but it shall not exceed fifteen days; Pre-trial preparation can be carried out in a simple way; Under any of the following circumstances, the people's court may simplify the part of ascertaining the facts or the reasons for the judgment when making a judgment, ruling or conciliation statement:

(1) When the parties reach a mediation agreement, they need to make a civil mediation document;

(2) One party explicitly acknowledges all or part of the claim of the other party;

(3) In a case involving commercial secrets or personal privacy, one party requests to simplify the relevant contents in the judgment document, and the people's court considers the reasons justified;

(4) Both parties agree to simplify.

In the small claims procedure, the Civil Procedure Interpretation lists the types of money payment cases applicable to this procedure. Generally speaking, the time limit for presenting evidence shall not exceed seven days, and the longest time limit for defending shall not exceed fifteen days. The judgment documents of small claims cases can be simplified, mainly recording the basic information of the parties, the claims and the text of the judgment.

2. The prescribed time limit and delivery.

In order to urge the parties to exercise their litigation rights in a timely manner according to law and ensure the smooth and orderly progress of litigation, the judicial interpretation has also refined the litigation period and delivery method.

For example, the interpretation of civil litigation stipulates that the time limit for retrial shall be calculated from the day after the retrial is filed, and the review shall be completed within three months from the date of acceptance, but the announcement period and the reconciliation period of the parties shall not be included in the review period. If there are special circumstances that need to be extended, it should be approved by the president of our hospital.

In terms of service, the Interpretation of Civil Procedure provides specific rules for serving litigation documents to legal persons or other organizations and parties. If the service is entrusted, the entrusted people's court shall serve it on its behalf within ten days from the date of receiving the power of attorney and relevant litigation documents. Further clarified the specific conditions for direct delivery, electronic delivery, lien delivery and announcement delivery.

3. Increase the system of pre-trial preparation and pre-trial meeting.

In order to sort out the relevant litigation requests and opinions of the parties in advance, organize evidence exchange and summarize the focus of disputes, the judicial interpretation specifically stipulates that the people's court may make preparations before the trial by organizing evidence exchange and holding pre-trial meetings after the expiration of the defense period.

According to the specific circumstances of the case, the pre-trial meeting may include the following contents:

(1) Clarify the plaintiff's claim and the defendant's defense;

(2) Examining and handling the applications of the parties to increase or change the claims, counterclaims and claims related to this case put forward by a third party;

(three) according to the application of the parties, decided to investigate and collect evidence, entrust identification, require the parties to provide evidence, inspection and preservation of evidence;

(4) Organizing the exchange of evidence;

(5) summarize the focus of the dispute;

(6) mediation.

4. Provide special procedures for realizing security interests.

The applicant needs to bring the following materials when applying for realizing the security interest:

(1) application. The application shall record the names and contact information, specific requests, facts and reasons of the applicant and the respondent;

(2) Materials to prove the existence of security interests, including master contract, guarantee contract, mortgage registration certificate or other rights certificate, right certificate of pledge of rights or pledge registration certificate, etc. ;

(3) Materials proving that the conditions for realizing the security rights and interests have been met.

(4) Description of the current situation of the secured property;

(5) Other materials deemed necessary by the people's court.

A case of realizing security interest can be tried by a judge alone. If the target amount of the secured property is beyond the jurisdiction of the basic people's court, a collegial panel shall be formed to examine the validity, duration and performance of the main contract, whether the secured property is effectively established, the scope of the secured property, the secured creditor's rights, whether the secured creditor's rights have expired, and whether the legitimate rights and interests of others have been damaged.

If the respondent or interested party raises an objection, the people's court shall examine it together.

After examination, the people's court shall handle it according to the following circumstances:

(1) If there is no substantive dispute between the parties about the realization of the security interest, and the conditions for realizing the security interest have been met, an order shall be made to allow the auction or sale of the secured property;

(2) If the parties have substantive disputes over the realization of the security interest, they may rule that the undisputed part is allowed to be auctioned or sold off;

(3) If the parties have substantial disputes over the realization of the security interest, they shall rule to reject the application and inform the applicant to bring a lawsuit to the people's court.

Breakthrough five: implementing the principle of honesty and credit

1. false litigation sanctions

After the third revocation of the lawsuit, if the parties in the original case colluded with each other in false litigation maliciously, the people's court shall, after examination, reject the request of the parties in the original case in accordance with the provisions of the Civil Procedure Law, and impose fines and detention according to the seriousness of the case; If the case constitutes a crime, criminal responsibility shall also be investigated according to law.

2. Punish the parties and witnesses who provide false testimony.

One of the highlights of the new judicial interpretation is that it is clear that when the people's court deems it necessary, it can require the parties to appear in court in person and be questioned about the relevant facts of the case. Before questioning the parties, they may need to sign a letter of guarantee. The guarantee should contain true statements, and if there are false statements, they are willing to accept punishment. The parties shall sign or seal the letter of guarantee.

The witness commits perjury after signing the letter of guarantee, which hinders the people's court from hearing the case; The people's court may impose fines and detention according to the seriousness of the case; If a crime is constituted, criminal responsibility shall be investigated according to law.

3. To stipulate the list system of people who have lost their trust.

If the person subjected to execution fails to perform the obligations specified in the legal documents, the people's court may, in addition to punishing the person subjected to execution, include him in the list of the person subjected to execution for breach of trust according to the circumstances, and notify the unit where the person subjected to execution fails to perform or does not fully perform his obligations, credit reporting agencies and other relevant institutions.

Breakthrough 6: public interest litigation system

In view of the "public interest litigation system" that has been neglected in Xinmin litigation, the judicial interpretation clarifies the specific operating procedures such as acceptance and jurisdiction of public interest litigation.

In terms of acceptance conditions, the relevant organs and organizations shall meet the following conditions when filing public interest litigation:

(1) There is a clear defendant;

(2) Having specific claims;

(three) there is preliminary evidence that the public interest has been damaged;

(4) Belonging to the scope of civil litigation accepted by the people's court and the jurisdiction of the sued people's court.

In terms of case jurisdiction, the judicial interpretation stipulates that public interest litigation cases shall be under the jurisdiction of the intermediate people's court in the place where the infringement is committed or where the defendant is domiciled, unless otherwise stipulated by laws and judicial interpretations. A public interest lawsuit brought for pollution of the marine environment shall be under the jurisdiction of the maritime court of the place where the pollution occurred, the place where the damage resulted or the place where anti-pollution measures were taken. Where a public interest lawsuit is filed with two or more people's courts for the same infringement, it shall be under the jurisdiction of the people's court that first filed the case, and shall be designated by the people's court at a higher level if necessary.

The judicial interpretation also stipulates the notification procedure in public interest litigation. According to the regulations, the people's court shall notify the relevant administrative departments in writing within ten days after accepting the public interest litigation case.

In coordinating the relationship between public interest litigation and private interest litigation, the judicial interpretation of the Civil Procedure Law stipulates that the people's court accepts public interest litigation cases, which does not affect the victims of the same tort to file a lawsuit according to Article 119 of the Civil Procedure Law.

The judicial interpretation makes it clear that public interest litigation cases can be settled or mediated, but after the parties reach a settlement or mediation agreement, the people's court shall announce the settlement or mediation agreement. The announcement period shall not be less than thirty days. After the expiration of the announcement, the people's court shall issue a mediation agreement after examination, mediation or reaching a mediation agreement, if it does not violate the public interest; If the settlement or mediation agreement violates the interests of the public, no mediation document will be issued, and the case will continue to be tried and a judgment will be made according to law.

Breakthrough 7: improving court discipline

In recent years, in the course of trial, some participants recorded, videotaped, photographed and reported the trial activities by email, blog, Weibo and WeChat without permission. There have been cases in which individual litigants and observers attacked and disturbed the court, publicly beat each other in court and insulted the judge. These problems have aroused public concern.

This judicial interpretation has revised and improved the relevant provisions of court discipline, mainly in the following aspects:

1. The Judicial Interpretation of the Civil Procedure Law stipulates that a litigant or other person commits the following acts, that is, recording, video recording or taking photos without permission; The people's court may, according to the seriousness of the case, impose fines and detention on those who use mobile communication or other means to disrupt court order and hinder trial activities on the spot; If a crime is constituted, criminal responsibility shall be investigated according to law.

The people's court may also temporarily detain the equipment for recording, videotaping, photographing and disseminating the trial activities by the participants in the proceedings or others, and order them to delete the relevant contents; Refuses to delete, the people's court may take necessary measures to forcibly delete.

2. The Judicial Interpretation of the Civil Procedure Law stipulates that admonition and order to leave the court shall be decided by the collegial panel or the sole judge. The contents of the admonition and the illegal facts of the person ordered to leave the court shall be recorded in the court record.