20 15 What are the contents of the judicial interpretation of the Civil Procedure Law?

20 15 judicial interpretation of civil procedure law;

1, guarantee the right of appeal.

Change the record review system to the record registration system to standardize the withdrawal behavior.

In order to implement the decision of the Fourth Plenary Session of the 18th CPC Central Committee on reforming the system of accepting cases in people's courts, guarantee the right of prosecution according to law, and establish a system of filing registration, the judicial interpretation of the Civil Procedure Law stipulates that if a people's court receives a civil complaint submitted by a party, it meets the conditions for prosecution stipulated in Article 119 of the Civil Procedure Law and does not fall under the circumstances stipulated in Article 124 of the Civil Procedure Law, 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. If it is necessary to supplement relevant materials, the people's court shall promptly inform the parties concerned. After completing the relevant materials, it shall decide whether to file a case within seven days.

"The judicial interpretation of the Civil Procedure Law also protects and standardizes the parties' application for withdrawal of the lawsuit in the first, second and retrial stages according to law, increases the elements of counterclaims, clearly stipulates the judgment criteria for inadmissibility due to repeated prosecutions, and makes detailed provisions on the parties' change or increase in litigation requests." Du Wanhua said.

2. Court discipline

The court may forcibly delete the trial information without permission.

In recent years, with the rapid development of modern science and technology and information network, during the trial of a case, some participants recorded, videotaped, photographed and reported the trial activities by mail, blog, Weibo and WeChat without permission. There has been a phenomenon that individual litigants and observers attack and cajole the court, publicly beat the other party in court and insult the judge, which has aroused social concern.

In this regard, the judicial interpretation of the Civil Procedure Law stipulates that if the trial activities are recorded, videotaped or photographed without permission, or if the trial activities are broadcast live by mobile communication means without permission, the people's court may temporarily detain the participants in the proceedings or other people for recording, videotaping, photographing and disseminating the trial activities, and order them to delete the relevant content; Refuses to delete, the people's court may take necessary measures to forcibly delete.

The openness of the trial is an important guarantee to realize the justice of the trial. The judicial interpretation of the Civil Procedure Law strictly enforces the provisions of the trial in court, which limits the circumstances in which the second instance and retrial proceedings can be held without trial, further standardizes the production of judgment documents, and stipulates the scope and methods of applying for access to judgment documents.

"As a supporting result of the judicial interpretation of the Civil Procedure Law, we are 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." Sun Youhai, director of the Office of the Leading Group for the Implementation of the Civil Procedure Law after the revision of the Supreme Law, said.

3. Electronic evidence

Clear SMS, Weibo and online chat records can all be used as evidence.

Evidence system is the cornerstone of modern civil litigation system. The Decision of the Fourth Plenary Session of the 18th CPC Central Committee pointed out that it is necessary to fully implement the requirements of the rules of evidence adjudication, collect, fix, preserve, examine and use evidence in strict accordance with the law, improve the system of witnesses and experts appearing in court, and ensure that trials play a decisive role in ascertaining facts, identifying evidence, safeguarding the right to appeal and fair adjudication. In this regard, the judicial interpretation of the civil procedure law has added the provisions of the principle of burden of proof distribution, and rationally distributed the burden of proof; To provide for the punishment of overdue certificates and their consequences in different levels and in different situations; Increase the provisions on judges' organizing cross-examination and certification, and guide and standardize judges' organizing cross-examination and certification activities; The provisions on the principle of judges' examination and judgment of evidence are added, requiring judges to disclose the reasons and results of their examination and judgment of evidence.

According to the judicial interpretation of the Civil Procedure Law, information formed or stored in electronic media by means of e-mail, electronic data exchange, online chat records, blogs, micro-blogs, mobile phone short messages, electronic signatures, domain names, etc. It can also be used as evidence in civil cases.

4, the principle of good faith

The person subjected to execution who fails to perform his obligations is included in the "blacklist"

"In recent years, false statements, perjury, false mediation, malicious collusion to harm the interests of others, and evasion of execution have occurred from time to time and must be severely punished." Du Wanhua said that the revised Civil Procedure Law added the provisions that civil litigation should follow the principle of good faith in the general part, added the provisions prohibiting false litigation and evading execution in the specific part, revised and raised the upper limit of fines for obstructing civil litigation, and increased the sanctions.

In order to promote the integrity of litigation, the judicial interpretation of the Civil Procedure Law stipulates that if a party who bears the burden of proof refuses to sign the guarantee, and the facts claimed by it lack other evidence, the people's court will not recognize it. If a witness refuses to sign the letter of guarantee, he shall not testify and bear the relevant expenses. 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 inform his unit, credit reporting agency and other relevant institutions of the information that the person subjected to execution fails to perform or does not fully perform his obligations.

5. Public interest litigation

Public interest litigation needs preliminary evidence of public interest damage.

The revised Civil Procedure Law of 20 12 adds the public interest litigation system, but there is only one provision. Article 55 of the law: "For acts that pollute the environment, infringe upon the legitimate rights and interests of many consumers and harm the public interests, the law stipulates that organs and relevant organizations may bring a lawsuit to the people's court." In order to standardize the orderly conduct of public interest litigation, the judicial interpretation of the Civil Procedure Law, in accordance with the legislative intent, combined with relevant trial practice, specifies in detail the acceptance conditions for bringing public interest litigation. According to the judicial interpretation of the Civil Procedure Law, the relevant organs and organizations should meet the following conditions in addition to the provisions of Article 55 of the Civil Procedure Law: having a clear defendant; There are specific claims; There is preliminary evidence that the public interest has been harmed; It belongs to the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court under appeal.

In order to clarify the jurisdiction court of public interest litigation cases, the judicial interpretation of the Civil Procedure Law 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.

6. Small claims

Clarify the first instance and final instance of small claims such as property and telecom service contracts.

What is the small claims procedure? Article 162 of the Civil Procedure Law stipulates that the basic people's courts and the courts dispatched by them shall try simple civil cases that conform to the provisions of the first paragraph of Article 157 of this Law. If the bid amount is lower than 30% of the average annual salary of employees in all provinces, autonomous regions and municipalities directly under the Central Government, the final judgment of first instance shall be executed. According to this regulation, China has established small claims procedure, and this judicial interpretation has been detailed.

The judicial interpretation of the Civil Procedure Law clearly stipulates that nine types of money payment cases, such as sales contracts, loan contracts, lease contract disputes, bank card disputes, property, telecommunications and other service contract disputes, are subject to small litigation procedures. Personal relations, property ownership disputes, foreign-related civil disputes, intellectual property disputes, disputes that need to be evaluated or have objections to the results of pre-litigation evaluation and appraisal, and other disputes that are not suitable for first instance and final adjudication are not applicable to small litigation.