Original title: China plans to amend the Civil Procedure Law to shorten the service period of announcements by half
China News Service, Beijing, October 19 (Zhang Suliang Xiaohui Xie Yanbing) The draft amendment to the Civil Procedure Law was submitted to the 31st meeting of the 13th National People’s Congress for the first review on the 19th. The draft made 16 adjustments to the current civil procedure law, including 8 new articles and 8 revised articles. The main contents are related to the improvement of online litigation and service rules, and the improvement of small litigation procedures.
The draft proposes to reasonably shorten the time for service of announcements. In accordance with changes in economic and social development, the notice service period has been shortened from 60 days to 30 days, further shortening the trial period, reducing litigation costs and preventing litigation delays.
Zhou Qiang, President of the Supreme People’s Court of China, said in an explanation at the 31st meeting of the Standing Committee of the 13th National People’s Congress that the Supreme People’s Court will establish a unified, authoritative and standardized announcement service platform, vigorously promote electronic announcements, and comprehensively improve The coverage and accuracy of the announcement delivery.
Regarding the scope and method of application of small claims procedures, the draft limits the types of applicable cases to “money benefit” cases, and the applicable subject matter amount has been increased from the original “provinces, autonomous regions, and municipalities with an average annual salary of less than 30% of the employees in the previous year” When it reaches “less than 50%”, the newly added parties agree to choose the applicable mode.
“Further lower the threshold for the application of small claims procedures, increase the intensity of application, fully protect the parties’ procedural options and the right to dispose of interests, and effectively take advantage of the convenience, efficiency, and one-time final settlement of the small claims procedures.” Zhou Qiang is explaining. Shi said.
In addition, the draft adjusts the conditions for the application of summary procedures, deletes “not much controversy” in “clear facts, clear rights and obligations, and less controversy”, and promotes the application of summary procedures to focus more on the complexity and difficulty of the case itself. The degree of antagonism between the parties and the difference in subjective understanding affect the application of the procedure, making the summary procedure more in line with its institutional positioning.
It is known that China’s current Civil Procedure Law was passed in 1991 and has undergone three amendments in 2007, 2012 and 2017. In order to further optimize the allocation of resources, promote the diversion of complicated and simple cases, separation of priority and priority, and separation of speed and slowness, deepen the reform of the civil litigation system, improve judicial efficiency, and promote judicial justice, December 28, 2019, the 15th Standing Committee of the 13th National People’s Congress The second meeting made a decision to authorize the Supreme People’s Court to carry out a pilot reform of the separation of complicated and simplified civil litigation procedures in the people’s courts of some regions. The Supreme People’s Court drafted the Civil Procedure Law (Draft Amendment) on the basis of comprehensively summing up the experience of the reform pilot. (over)
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