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TABLE OF CONTENTS CHAPTER I TIME LIMITS OF ALL KINDS OF TRIALS OF THIS COURT CHAPTER II THE TIME OF PLACING ON FILE AND CONCLUSION OF CASES AND THE CALCULATION OF THE TIME LIMIT OF TRIAL CHAPTER III REPORT FOR APPROVAL OF THE EXTENSION OF THE TIME LIMIT OF TRIAL CHAPTER IV SUPERVISION AND REGULATION OF THE TIME LIMIT OF TRIAL In order to strictly execute the provisions of the law and relevant judicial interpretations on the time limit of trial, to enhance the efficiency of adjudication work and to protect the litigious rights of the parties, the present provisions are hereby formulated in light of the actual situations of this court. CHAPTER I TIME LIMITS OF ALL KINDS OF TRIALS OF THIS COURT Article 1. The time limit of the trial of a criminal appeal or prosecutorial protest shall be 1 month and no more than one month and a half at the most. If any of the circumstances specified in Article 126 of the Criminal Procedural Law occurs, the time limit may be extended for 1 month upon approval of the president of the court. Article 2. The time limit of the trial of an appeal against civil judgment is 3 month. If it needs to be extended due to special circumstances, it may be extended for 3 months upon approval of the president of the court. The time limit of the trial of an appeal against civil ruling is 1 month. Article 3. With respect to the review of an application for reconsideration against a civil decision of taking compulsory measures against impairment of civil actions, the time limit is 5 days. Article 4. The time limit of the trial of an administrative appeal is 2 months. If it needs to be extended due to special circumstances, it may be extended for 2 months upon approval of the president of the court. Article 5. The time limit of the trial of a compensation case is 3 months. If it needs to be extended due to special circumstances, it may be extended for 3 months upon approval of the president of the court. Article 6. The time limit of the review of a criminal case is 2 months. If it needs to be extended due to special circumstances, the approval of the president of the court is required. The time limit of the review of a retried criminal case is 4 months. If it needs to be extended due to special circumstances, the approval of the president of the court is required. Article 7. With respect to the cases of repetition or application for retrial against the judgments made by this court that have taken effect or against the rejection upon reexamination or the revision of judgment in retrial by the higher people's courts, the examination shall be finished and the decision or ruling be made within 3 months, not exceeding 6 months at the most. Article 8. The time limit of the trial of a criminal case that is retried pursuant to the adjudicatory supervision procedure is 3 months. If it needs to be extended due to special circumstances, it may be extended for 3 months upon approval of the president of the court. With respect to a civil or administrative case for which a ruling to retry is given, the provisions governing the time limit of the trial of first or second instance shall be executed according to the different procedures applying to the retrial. Article 9. With respect to the handling of the special cases of application of law for which instructions are requested from this court by the people's courts at lower levels, the time limit is 3 months. If it needs to be extended due to special circumstances, it may be extended for 3 months upon approval of the president of the court. Article 10. Civil cases involving elements of foreign countries, Hong Kong, Macao or Taiwan shall be concluded within 3 months after the end of the court session. If it needs to be extended due to special circumstances, the approval of the president of the court is required. Article 11. The time limit of handling a case of dispute over jurisdiction is 2 months. If it needs to be extended due to special circumstances, it may be extended for 2 months upon approval of the president of the court. Article 12. The time limit of handling a case of coordinating enforcement is 3 months and shall not exceed 6 months at the most. CHAPTER II THE TIME OF PLACING ON FILE AND CONCLUSION OF CASES AND THE CALCULATION OF THE TIME LIMIT OF TRIAL Article 13. A case of second instance shall be placed on file within 5 days after the instrument of appeal (prosecutorial protest) and the case files and materials are received. A case to be retried pursuant to the adjudicatory supervision procedure shall be placed on file on the following day after the ruling or decision of review or retrial is made. A case of criminal review, of special instructions for application of law, of dispute over jurisdiction, or of coordinating of enforcement shall be placed on file within 3 days after the case files and materials submitted by the higher people's court are received. Article 14. The court division placing a case on file shall, within 3 days after deciding to place the case on file and collecting the litigation charges, transfer the case files and materials to the relevant trial division. Article 15. The time limit of the trial of a case shall be calculated starting from the following day after the case is placed on file. The time limit of the examination of a petition or application for retrial shall be calculated starting from the following day after the materials of petition or application are received and the case is placed on file. The time limit of concluding a case involving elements of foreign countries, Hong Kong, Macao or Taiwan shall be calculated starting from the following day after the end of the last court session. Article 16. Article 9 of the Several Provisions on Strictly Executing the System of Time Limit of Trial of this court (hereinafter referred to Provisions) shall be followed with respect to the period not included in the time limit of trial. With respect to a case that is significant and complicated and needs the decision of the adjudication committee, the period between the day on which the case is referred to the adjudication committee and that on which the decision is made shall not be included in the time limit of trial. With respect to a case which needs the opinions of the relevant departments, the period of seeking for opinions shall not be included in the time limit of the trial, and Item 8) of Article 9 of the Provisions shall be referred to. With respect to a case for which the people's court at a lower level is required to make review and report, the period of review by the lower court shall not be included in the time limit of the trial. Article 17. With respect to a case for which instructions are requested, the date of issuing of the official reply or letter shall be taken as the time of conclusion of the case. With respect to the examination of a petition, the date of making the decision or ruling shall be taken as the time of conclusion of the case. And with respect to a case of coordinating enforcement, the date on which the coordination scheme is approved shall be taken as the time of conclusion of the case. CHAPTER III REPORT FOR APPROVAL OF THE EXTENSION OF THE TIME LIMIT OF TRIAL Article 18. Where the time limit of the trial of a criminal case needs to be extended, an application shall be filed with the president of the court within 7 days prior to the expiration of that time limit. Article 19. If the time limit of the trial of any other case needs to be extended, an application shall be filed with the president of the court within 10 days prior to the expiration of that time limit. Article 20. Where the extension of time limit of trial needs to be approved by the president of the court, the president shall make the decision prior to the expiration of that time limit. Article 21. In the case of any change of the time limit of trial, the relevant collegial panel shall report to the court division placing the case on file for archival purpose. CHAPTER IV SUPERVISION AND REGULATION OF THE TIME LIMIT OF TRIAL Article 22. The supervision and regulation of the time limit of the trial of all kinds of cases of this court shall be in the charge of the court divisions placing the corresponding cases on file. The court division that has placed a case on file shall issue reminder to the relevant trial division 10 days prior to the expiration of the relevant time limit of trial. The cases of which the trial exceeds the time limit shall be reported on a monthly basis. Article 23. If any adjudicatory personnel intentionally delays the handling of a case or delays the handling due to negligence and thus causes serious consequences, that personnel shall be punished pursuant to Article 59 of the Measures for the Adjudication Disciplinary Punishment of the People's Courts (Trial). The present provisions shall take effect as of January 1, 2002. |
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