However, on September 3, 20 16 and 20 13, the Supreme People's Court, People's Republic of China (PRC), People's Republic of China (PRC), issued "Several Opinions of the Supreme People's Court on Further Promoting the Simplification of Case Procedures and Optimizing the Allocation of Judicial Resources". After that, you can apply for the lawyer's fee to be paid by the losing party.
Extended data:
The Supreme People's Court's opinion on further promoting the diversion of complex and simplified cases and optimizing the allocation of judicial resources
In order to further optimize judicial resources, improve judicial efficiency, promote judicial justice, reduce the litigation cost of the parties and safeguard the legitimate rights and interests of the people, according to the Civil Procedure Law of People's Republic of China (PRC), the Criminal Procedure Law of People's Republic of China (PRC) and the Administrative Procedure Law of the People's Republic of China, combined with the actual work of the people's courts, we hereby put forward the following opinions on further promoting the diversion of complex cases and optimizing the allocation of judicial resources.
1. Follow the judicial rules and promote the diversion of complexity and simplification. Scientifically allocate and efficiently use trial resources, quickly try simple cases according to law, strictly regulate the trial of complex cases, and realize fast trial of simple cases and fine trial of complex cases. According to the facts of the case, the application of the law, the social influence and other factors, we should choose the appropriate trial procedure, standardize and improve the conversion and connection between different procedures, and achieve better legal effect with less judicial cost.
2. Promote the screening and diversion of cases in the filing process. The local people's courts at all levels scientifically formulate the criteria for distinguishing simple cases from complex cases and the rules for diverting cases according to law, and adopt the method of randomly dividing cases as the main method, supplemented by designated cases, so as to ensure that simple cases are tried in time by the people's courts and the expedited team, and series, groups or related cases are tried by the same trial organization in principle. For cases whose complexity is difficult to judge accurately in time, the filing, trial and trial management departments should discuss and communicate in time to realize orderly and efficient division of labor.
3. Improve delivery procedures and delivery methods. If the parties agree on the service address before the dispute occurs, the people's court may take this address as the confirmation address for the service of litigation documents. When the parties file a lawsuit or reply, they shall fill in the confirmation letter of service address in accordance with the regulations. Actively use electronic delivery; If the parties agree on electronic service, they shall provide and confirm the electronic service address such as fax number, e-mail address and micro signal. Make full use of China trial process information disclosure network to establish a unified electronic service platform for courts across the country. Improve the national postal service through court express delivery.
4. Give full play to the advantages of quick trial procedures in civil cases. According to the provisions of the Civil Procedure Law and its judicial interpretation, actively guide the parties to agree on the application of summary procedure to try civil cases. For simple civil cases where the amount of the subject matter exceeds the prescribed standard, or civil cases where the amount of the subject matter is lower than the prescribed standard, which do not fall under the circumstances specified in the first paragraph of Article 157 of the Civil Procedure Law, if both parties agree to apply the small-sum litigation procedure, they may apply the small-sum litigation procedure for trial. Cases in which special procedures are applied according to law to realize security interests. Actively guide the parties to transfer the cases in which creditors require debtors to pay money and securities to the supervision procedures, and promote the use of electronic payment orders.
5. Innovate the working mechanism of quick criminal adjudication. Summarize the pilot experience of criminal speedy trial procedure, and strengthen the connection and cooperation of investigation, prosecution and trial procedure. Promote the establishment of fast-cutting office areas in detention centers, law enforcement and case handling units, promote the sharing of case information and the paperless circulation of case files, and promote the simplification and speed-up of case handling.
6. Simplify the trial procedures of administrative cases. For an administrative case that has been filed but does not meet the requirements for prosecution, if the parties consider it unnecessary to hold a court session after reading papers, investigating and asking, they may make a ruling to dismiss the prosecution. For cases with clear facts, clear relationship between rights and obligations and little controversy, explore the establishment of an administrative speedy adjudication mechanism.
7. Explore the implementation of model litigation. For series or group civil cases and administrative cases, select individual or a few cases to demonstrate litigation first, and other similar cases will be handled with reference to their judgment results, so as to promote the efficient solution of batch cases through case demonstration.
8. The practice of concentrating time on hearing cases. For civil cases that are tried by summary procedure and minor criminal cases that are tried by quick adjudication procedure and summary procedure, centralized filing, transfer, scheduling, trial and sentencing shall be implemented, and multiple cases shall be tried by the same trial organization simultaneously and continuously.
9. Give play to the function of pre-trial meeting. The judge or the judge's assistant under the guidance of the judge presided over the pre-trial meeting to solve the related procedural matters such as checking the identity of the parties, organizing the exchange of evidence catalogues, and starting the exclusion of illegal evidence. For cases suitable for mediation, actively promote the parties to reconcile or reach a mediation agreement through pre-trial meetings. For the undisputed facts and evidence confirmed by the pre-trial meeting, it can simplify the proof and cross-examination in the trial after being explained in the trial; For disputed facts and evidence, the focus of the dispute should be summarized after soliciting the opinions of the parties.
10. Innovative hearing methods. Civil and criminal cases that are tried by summary procedure may be heard by remote video with the consent of the parties. Witnesses, experts and victims can testify by using audio-visual transmission technology or synchronous video testimony room.
1 1. Actively develop and apply intelligent speech recognition technology, realize the synchronous conversion from trial speech to text, and generate trial transcripts. Implement the requirements of audio and video recording of the whole trial activities, and explore the use of audio and video recording of court trials to simplify or replace the court records of court clerks.
12. promote the reform of civil trial methods. For civil cases tried by small claims, they can be tried directly around the claims, and are not limited by court investigation, court debate and other trial procedures. For civil cases with relatively concentrated case elements and trial points, the trial order can be determined according to the relevant elements and claims, and the court investigation and court debate can be carried out simultaneously around the controversial elements.
13. explore the reform of trial methods for cases of guilty plea and punishment. In cases where the defendant pleads guilty and admits punishment, we should explore simplifying the trial procedure, but we should listen to the defendant's final statement. If the criminal summary procedure is applied, court investigation and court debate may no longer be conducted; The application of criminal summary procedure is not restricted by court procedures such as court investigation and court debate.
14. Promote sentencing in court. In principle, civil cases that are tried by small claims procedure and criminal cases that are tried by quick adjudication procedure shall be pronounced in court. Cases that are tried by civil, criminal and administrative summary procedures should generally be pronounced in court. For civil, criminal and administrative cases that are tried by ordinary procedures, the rate of sentencing in court will be gradually improved.
15. Carry out the diversion of complicated and simplified judgment documents. According to the court trial level, case type, trial situation, etc. The style, structure and reasoning of the judgment documents have been simplified and diverted. The judgment documents of complex cases should be reasoned around the focus of controversy. New types of simple cases with guiding significance, strengthen reasoning; Other simple cases can use simple judgment documents such as writs, elements and table formats to simplify reasoning. For cases pronounced in court, the judgment documents can be simplified appropriately. In a civil case that is immediately performed in court, with the consent of all parties, the relevant information may be recorded in the court record without issuing a judgment document.
16. improve the connection mechanism of second-instance cases. Actively guide the parties and lawyers to submit electronic litigation materials, promote the construction of smart courts and computerization of litigation files, and use electronic file transfer methods to speed up the transfer of files between higher and lower courts. Optimize the trial mode of the second instance, conduct the trial around the disputes between litigants, and avoid unnecessary duplication of trial and judgment documents between the second instance and the first instance. Strengthen the function of unifying the judgment scale and clarifying the judgment rules in the second instance.
17. Improve the scientific proportion of personnel and cases. On the basis of accurate calculation of personnel, number of cases and workload, the trial power of different courts and different judicial departments will be dynamically adjusted. According to the relevant factors such as the trial level of the court and the complexity of the case, the allocation ratio of judges, judges' assistants and clerks is reasonably determined, and their respective functional orientations and their relationships are scientifically defined to maximize the advantages of the trial team.
18. Promote professional trials. On the basis of fully considering the factors such as judges' handling ability, experience and expertise, we will determine the professional trial institutions for hearing cases of different types according to different types of cases, and determine the judges who specialize in hearing simple cases and complex cases according to the complexity of cases. Promote the standardization of handling cases and improve the case work system. Establish a judge rotation mechanism, improve the performance evaluation system, and stimulate and maintain the vitality of the trial team.
19. Promote centralized management of trial auxiliary affairs. According to the actual needs of the trial, special trial auxiliary personnel are arranged in the litigation service center or the trial business department to be responsible for the trial auxiliary affairs such as delivery, trial scheduling, preservation, appraisal and evaluation, and online documents.
20. Improve the diversified dispute resolution mechanism. Promote comprehensive management organizations, administrative organs, people's mediation organizations, commercial mediation organizations, industry mediation organizations, arbitration institutions, notarization institutions and other governance bodies to play a role in preventing and resolving contradictions and disputes, improve the construction of litigation mediation docking platform, strengthen the organic connection between litigation and non-litigation dispute resolution methods, and promote the pre-litigation diversion of disputes. Perfecting reconciliation and mediation in criminal proceedings. Promote administrative mediation and reconciliation, and actively support administrative organs to adjudicate civil disputes closely related to administrative activities according to law.
2 1. Give full play to the litigation role of lawyers. Actively support lawyers to practice according to law, protect lawyers' right to practice, attach importance to lawyers' opinions on the diversion of complex cases and the choice of litigation procedures, and actively promote lawyers to participate in mediation and represent complaints.
22. Guide the parties to conduct rational litigation in good faith. Intensify the crackdown on dishonest litigation such as false litigation and malicious litigation, give full play to the leverage of legal fees and attorney fees, standardize the litigation behavior of the parties, and urge the parties to choose an appropriate way to resolve disputes. If a party abuses litigation rights, delays in undertaking litigation obligations and other obvious misconduct, resulting in direct losses to the other party or a third party, the people's court may, according to the specific circumstances, support the innocent party's legitimate request for compensation for reasonable attorney's fees.
Reference link: the Supreme People's Court: Several Opinions on Further Promoting the Diversion of Complex Cases and Optimizing the Allocation of Judicial Resources.