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In recent years, with the incessant furthering reform of the civil trial system, the people's courts at all levels have actively explored how to reform the civil ruling documents so that the formulation of civil ruling documents is intensified and the overall level of document formulation will be significantly elevated, yet several problems remain unsettled. Some ruling documents merely enumerate evidences and thus fail to completely illustrate the case facts; some ruling documents provide aimless argument and thus fail to analyze by centering on the focus of disputes; some ruling documents involve a wrong application of law and carry misspellings and serious inferior mistakes, thereby have injured the image and authority of ruling documents with regard to their function as a carrier to record the trial and present fair justice to the general public. In order to further elevate the quality of civil ruling documents, promote the reform of civil ruling documents in a positive and stable manner, intensify the function of civil ruling documents in legal reasoning as well as standardize the formulation of civil ruling documents, we particularly notify the relevant issues as follows: 1. We should, in strict accordance with the principles and requirements of the Guidelines of the 5-year Reform of the People's Court, intensify the formulation of civil ruling documents. The people's courts at all levels shall, on the basis of the format of the Civil Ruling Documentation (1992) and according to the characteristics of civil cases, actively explore into the reform of civil ruling documents. We should guarantee that the reform is conducted by upholding the principles of seriousness and uniformity of state legal documents and shall not recklessly alter the basic framework of civil ruling documents. We should emphasize the openness and integrity of case facts, the logic in the confirmation of evidences, the reasoning in case trial as well as the accurateness of wording, give prominence to the argumentation of key disputed evidences as well as the legal reasoning for the litigation claims of the parties concerned. We should handle the cases on a case-by-case basis and put appropriate focuses thereon. As to any content hard to be expressed in words, it may be rendered by means of attached drawings and tables. Any content involving personal privacy or commercial secret that is not proper to be directly publicized may be rendered in such forms as attachment, which shall only be served on the parties concerned rather than the general public. 2. We should take the formulation of civil ruling documents as an important means to record the trial and execution of civil cases by the people's courts. We should make concise and elaborated statements of the procedures by every effort, seize the main links and shall not get entangled with the minor details or pay attention to all sides. We should carry out the analysis and argumentation of relevant evidences by highlighting the focuses of disputes between the parties concerned, make direct statements on the undisputed part so as to prevent any simple enumeration or repetition of evidences. We should clarify the important steps of procedures and litigation activities in the case trial, including the time for a plaintiff to file an action or the time for an appellant to file an appeal, the submission and transfer of important litigation documents and evidences, postponement of the trial due to such procedural facts as jurisdictional demurral, suspension of action, and authorized authentication as well as the adoption of the measures for property preservation before or through an action, etc.. 3. We should intensify the reasoning in case trial and try to "clarify the right and wrong by legal reasoning". We should produce a ruling document which is both concise and elaborated by aiming at the focus of disputes between the parties concerned and detailing the ground of judgment. We should not only elaborate the ground of material judgment but also make statements on whether the litigation evidences are accepted so as to make the civil ruling documents of the people's court an important carrier to set up an impartial image of the people's court before the general public as well as a lively textbook of legal education. 4. We should intensify the consciousness of accountability and ensure the quality of civil ruling documents. We should set up a prudent and careful style of work, strictly implement the quality requirements for wording, strictly abide by the format and requirements of ruling documents, proofread the wording and figures, and resolutely eradicate any civil ruling document that fails to meet the requirements for format or carries any inferior mistake such as miswritings and misspellings. Where the people's court at a higher level finds any civil ruling document with any serious quality problem or base mistake as produced by its inferior people's court, it shall circulate a criticism thereon. In the case of any very bad impact, a disciplinary sanction shall be imposed on the directly liable persons. |
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