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TABLE OF CONTENTS CHAPTER I SCOPE OF APPLICATION CHAPTER II COMPLAINT AND PLEADING CHAPTER III PREPARATIONS BEFORE TRIAL CHAPTER IV COURT SESSIONS CHAPTER V PRONOUNCEMENT OF ADJUDICATION AND THE SERVICE CHPATER VI MISCELLANEOUS In order to guarantee and facilitate litigation parties to exercise their litigation rights according to law, and to ensure that the people's courts try civil cases in a just and timely manner, the present Provisions are enacted in accordance with the relevant provisions of the Civil Procedure Law of the People's Republic of China and in light of the experience and actual situations of civil trials. CHAPTER I SCOPE OF APPLICATION Article 1. The present Provisions shall apply when basic-level people's courts try simple civil cases in accordance with Article 142 of the Civil Procedure Law of the People's Republic of China, except the cases with any of the following factors: (1) The whereabouts of the defendant is unknown; (2) The case is remanded for retrial; (3) There are a large number of people as a party or parties to a joint action; (4) The special procedures, procedures for trial supervision, procedures for supervising and urging the clearance of debt, procedures of public summons for exhortation, or procedures of bankruptcy and liquidation of a business corporation shall be applied, provided by law; or (5) The people's court deems it inappropriate to apply the summary procedures in trial. Article 2. Where any basic-level people's court applies the ordinary procedures of first instance in the trial of a civil case, if the parties to that case choose to apply the summary procedures on their own accord, such procedures may be applied upon examination and approval of the people's court. The people's court may not replace the ordinary procedures by summary procedures in violation of the principle of free will of the parties. Article 3. Where a party raises objection against the application of summary procedures and the people' s court upholds objection, or where the people's court finds it unsuitable to apply the summary procedures during the course of trial, the summary procedures shall be replaced by ordinary procedures. CHAPTER II COMPLAINT AND PLEADING Article 4. If any plaintiff can not write the bill of complaint by himself or herself, and really has difficulty in entrusting any other person to write for him or her, that plaintiff may file the complaint orally. Where the plaintiff files a compliant orally, the people's court shall accurately record the plaintiff's personal information, contact information, allegations, facts and grounds, and register the relevant evidence. The people's court shall read out the aforesaid records and registration in the presence of the plaintiff, who shall sign or press a mark on the materials if he or she thinks there is no mistake. Article 5. A party shall, when filing a complaint or making pleadings, provide the people's court with the accurate address for service, recipient, telephone number, and other contact methods, and shall sign or press a mark for confirmation. The address of service shall indicate the post code and detailed address of the domicile of the addressee; where the addressee is a natural person with a job, his or her work place may be regarded as the address for service. Article 6. After the plaintiff files the compliant, the people's court may summon both parties and the witnesses thereof at any time by easy methods such as oral massage, telephone, fax, email, etc. Article 7. After both parties to a case come to the court, the people's court may start the court session immediately, if the defendant agrees to make oral pleadings; where the defendant requires to make written pleadings, the people's court shall inform the parties concerned about the time limit of the submission of pleadings and the specific date of court session, and shall explain to the parties the legal consequences of the failure to provide evidence within the prescribed time limit and of the refusal to come to the court, and the parties concerned shall sign or press a mark on the receipt of service of the records and summons. Article 8. Where the people's court can not notify the defendant to respond to the action through the address for service or other contact methods of the defendant that are provided by the plaintiff, it shall handle the case in the following ways respectively: (1) If the plaintiff provides the accurate address for service of the defendant, but the people's court can not directly serve the notice of response to action to or leave the notice with the defendant, it shall replace the summary procedures by ordinary procedures; (2) If the plaintiff is unable to provide the accurate address for service of the defendant, and the people's court fails to determine that address after investigation, it may reject the action brought by the plaintiff by a ruling on the ground of indeterminate defendant. Article 9. If the defendant refuses to provide the address for service and contact methods of him/her/it in the court, the people's court shall inform the defendant about the consequences of the refusal to provide the address for service; and if the defendant still refuses to provide the address after being informed by the people's court, the case may be handled in either of the following ways: (1) Where the defendant is a natural person, the domicile or habitual residence stated in his/her domiciliary registration shall be the address for service; (2) Where the defendant is a legal person or other organization, the domicile stated in its industry and commerce registration or other legal registration or records shall be the address for service. The people's court shall write down into the records the aforesaid contents informed to the defendant. Article 10. If any litigation documents have not been actually received by a party concerned due to the party's inaccurate provision of address for service, fails to inform the people's court in good time the alteration of the address for service, or refuses to provide the address for service, the case shall be handled in either of the following ways: (1) In the case of service by mail, the date of returning indicated on the receipt of mail shall be regarded as the date of service; (2) In the case of direct service, the day on which the server records the situation on the receipt of service shall be regarded as the date of service. The people's court shall inform, by written or oral form, the parties concerned about the aforesaid contents when the plaintiff files the action or the defendant makes the pleadings. Article 11. Where a natural person addressee and the adult family member(s) living with that person refuse to accept the litigation documents, or the recipient of a legal person or other organization refuses to accept the litigation documents, the server shall invite representatives of the relevant basic-level organizations or work units to bear witness on the site in accordance with Article 79 of the Civil Procedure Law of the People's Republic of China, and if the persons invited refuse to bear witness, the server shall indicate on the receipt of service the reasons, time and place of the refusal of acceptance, and that the invited persons refuse to bear witness on the site, and shall leave the litigation documents at the domicile or work place of the addressee, with service deemed to be completed. The provisions of the preceding paragraph shall not apply if the adult family member(s) living with the addressee or the recipient of the addressee legal person or other organization is the opposite party to the case. CHAPTER III PREPARATIONS BEFORE TRIAL Article 12. In a civil case applying summary procedures, a party and the agent thereof shall, if applying to the court for investigation and collection of evidence or for requiring witnesses to give testimony in the court, file the application before expiration of the period of evidence producing, however, the time limit of filing of the application is not subject to the restrictions of the first paragraph of Article 19 and the first paragraph of Article 54 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings. Article 13. If a party or both parties to a case raise any objection against the application of summary procedures, the people' s court shall review the question and handle the case in either of the following ways: (1) Where the objection is upheld, the summary procedures shall be replaced by ordinary procedures, and the composition of the collegial panel and the relevant matters shall be notified to both parties in writing; (2) Where the objection is rejected, the people's court shall orally inform both parties about the rejection, and write down the aforesaid contents into the records. The time limit of trial of a civil case in which summary procedures are replaced by ordinary procedures shall be calculated from the day following that on which the people's court puts the case on file. Article 14. With respect to the following civil cases, the people's court shall first make mediation before starting the court session: (1) Marriage and domestic disputes and succession disputes; (2) Disputes over labor contracts; (3) Disputes over damages that result from traffic or work injury accidents and in which the rights and obligations are relatively clear; (4) Disputes over home sites and adjacent relationship; (5) Disputes over partnership agreements; and (6) Disputes in which the subject matters of action are of relatively small amount. However, the cases that can not be mediated because of its nature and the actual situations of the parties, and the cases which obviously need no mediation shall be exceptional. Article 15. Where an agreement is reached after mediation and after being examined by the judges, if both parties agree that the mediation agreement take effect upon signatures or pressing of marks by them, that agreement shall become legally binding as of the day of signing or pressing of marks by both parties. It shall be permitted if any party requires to extract or to duplicate that agreement. Where the mediation agreement is in conformity with the provisions of the preceding paragraph, the people's court shall make another paper of civil mediation. Where a party refuses to perform the mediation agreement after that agreement takes effect, the opposite party may apply for enforcement the agreement on the strength of the paper of civil mediation. Article 16. The people's court may, in the court session, notify the parties of the specific date to draw the paper of civil mediation at the people's court, either may it send the paper of civil mediation to the parities within 10 days from the day following that on which the parties reach the agreement. Article 17. If a party raises any objection on the ground of inconsistence between the paper of civil mediation and the original intent of the mediation agreement, the people's court shall, if it upholds objection after review, supplement and modify the relevant contents of the paper of civil mediation according to the agreement of mediation. CHAPTER IV COURT SESSIONS Article 18. With respect to a notice of court session that is delivered by oral massage, telephone, fax, email, etc., if the delivery has not been confirmed by the party concerned or if there is no other adequate evidence proving receipt of the notice by the party, the people's court may not, on that ground, take the party as non pros or render the judgment in absence of that party. Article 19. Where the parties to a case have been informed about the litigation rights and obligations by written or oral form before the court session, or all the parties have entrusted legal agents to participate in the trial, the judges may refrain from informing the parties about other litigation rights and obligations except the right to apply for withdrawal. Article 20. With respect to a party that has not entrusted any legal agent to participate in the trial, the judges shall give necessary explanation and description of the relevant contents, such as withdrawal, confession, burden of proof, etc., and shall, during the court session, remind that party to correctly exercise the litigation rights and perform the litigation obligations, and shall direct that party to conduct right litigation activities. Article 21. In the court session, the judges may summarize the focus of dispute on the basis of the claims and pleadings of the parties, and after confirming the focus, the parties may, centering on the focus, produce evidence, make cross examination, and argue with each other. Where the parties have no disagreement with the facts of the case, the judges may directly render the judgment or ruling after hearing the arguments and opinions of the parties in respect of the application of law. Article 22. Where both parties to a simple dispute come to the basic-level people's court to settle the case at the same time without agreeing on the time limit of producing evidence, or where the defendant is summoned to the court by summary ways, if the parties require to produce evidence during the court session, such request shall be permitted; if any party really has difficulty in producing evidence in the court session, the time limit of producing evidence shall be decided by the parties through negotiation, however, it shall not exceed 15 days at the most; where the negotiation fails, the time limit shall be decided by the people's court. Article 23. A civil case applying summary procedures shall be concluded in the first court session, however, except where the people's court deems it necessary to hold another court session. Article 24. A court clerk shall write down into the records all the activities in the trial of a civil case applying summary procedures, and the following matters shall be recorded in detail: (1) Major matters such as the judges' informing the parties about their litigation rights and obligations, summarizing dispute focus, admitting evidence, pronouncing the adjudication, etc; (2) Major matters such as the a party's applying for withdrawal, confession, withdrawal of action, and conciliation, etc.; and (3) Statements made by the parties in the court session and other matters directly related to their litigation rights. Article 25. At the end of the court session, the judges may, on the basis of the trial, briefly summarize the focus of dispute, and the producing of evidence, cross examination, and argumentation made by the parties, and seek opinions from the parties whether they would agree to conciliate. Article 26. Where the judges find that the circumstances of a case are complicated and the summary procedures need to be replaced by ordinary procedures, they shall make the decision before the expiration of the time limit of trial, and shall notify the parties of the decision in writing. CHAPTER V PRONOUNCEMENT OF ADJUDICATION AND THE SERVICE Article 27. With respect to civil cases applying summary procedures, the people's courts shall pronounce the adjudications in the court, except where they deem it unsuitable to do so. Article 28. With respect to the cases of which the adjudications are pronounced in court, the people's court shall inform the parties or their legal agents about the period and place to draw the adjudicatory documents and the legal consequences of the failure to do so within the prescribed time limit, except where the parties require in court service of the adjudicatory documents by mail. The aforesaid situations shall be written down into the trial records. Where the people's court has informed the parties about the period and place to draw the adjudicatory documents, the day during that period on which a party draws the documents shall be the date of service to that party; where a party fails to draw the documents within the prescribed period, the day of expiration of the said period shall be the day of service to that party, and the time limit of appeal of the parties shall be calculated from the day following that of expiration of the period of drawing of adjudicatory documents fixed by the people's court. Article 29. Where a party requires service of adjudicatory documents by mail on the ground of inconvenient traffic or any other causes, the people's court may serve the documents to the address for service provided by that party. Where the people's court serves the adjudicatory documents at the address provided by a party, the date of receipt or return indicated on the receipt of mail shall be the date of service, and the time limit of appeal of the party shall be calculated from the day following that indicated on the receipt. Article 30. Where the plaintiff, without justified causes, refuses to come to the court though being summoned, or withdraws from the court session without permission of the court, that plaintiff may be deemed to withdraw the action. Where the defendant, without justified causes, refuses to come to the court though being summoned, or withdraws from the court without permission of the court, the people's court may render the adjudication in absence of the defendant on the basis of the claims of the plaintiff and the evidence and materials the parties have submitted to the court. Where the plaintiff is deemed to withdraw the action or the judgment is rendered in absence of the defendant, the people's court may serve the adjudicatory documents to the party that fails to come to the court at the address provided by that party. Article 31. For a case of which the adjudication is pronounced at a fixed date, that fixed date shall be the date of service, and the time limit of appeal of the parties shall be calculated from the day following that fixed date. A party's failure to come to the court on the fixed date of adjudication pronouncement shall not affect the calculation of the time limit of appeal against that adjudication. Where a party has justified causes for not coming to the court and informs the court about the situation before the fixed date of adjudication pronouncement, the people's court may serve the adjudicatory documents to the address for service provided by that party that has not come to the court. Article 32. If a civil case applying summary procedures involves any of the following situations, the people's court may appropriately simplify the part of ascertaining of facts or reasons for judgment when making the adjudicatory documents: (1) The parties reach a mediation agreement and a paper of civil mediation needs to be made; (2) A party expressly admits all or some of the claims of the opposite party during the legal proceeding; (3) The parties have no or little dispute over the facts of the case; (4) Where the case involves personal privacy or business secret, a party requires simplification of the relevant contents in the adjudicatory documents and the people's court deems the grounds are justified; or (5) Both parties to the case agree to simplify the adjudicatory documents. CHPATER VI MISCELLANEOUS Article 33. Where any judicial interpretations previously promulgated by this court are inconsistent with the present Provisions, the latter shall prevail. Article 34. The present Provisions shall take effect as of December 1, 2003. The civil cases accepted after December 1, 2003 shall be governed by the present Provisions. Public Announcement of the Supreme People's Court |
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