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Jing Gao Fa Fa [2019] No. 616

To No.1, No.2, No.3 and No.4 Intermediate People's Court, and Beijing Intellectual Property Court;

To the people's courts of all districts and Beijing Internet Court;

To each departments of Beijing Municipal High People's Court,

The Norms Governing the Work of Beijing Courts Litigation Service Hall, the Code of Conduct for Staff of Beijing Courts Litigation Service Hall, the Detailed Rules for Registration and Litigation Guide at Beijing Courts Litigation Service Hall, the Rules for Supervisors on Duty of Beijing Courts Litigation Service Hall, the Work Norms on 12368 Artificial Voice Hotline for Litigation Service of Beijing Courts (Trial), the Norms on Inspection and Supervision for Telephone Communication Quality of 12368 Artificial Voice Litigation Service Platform of Beijing Courts (Trial), the Work Norms on Work Order Review and Supervision of 12368 Artificial Voice Litigation Service Platform of Beijing Courts (Trial), the Work Norms on Special Call Emergency Response of 12368 Artificial Voice Litigation Service Platform of Beijing Courts (Trial), the Work Norms of Beijing Courts on Handling of Netizen Demands via "A Message for the Grand Justice", the Work Norms on Handling of Network Work Order in "Integrated Litigation Service Application System" of Beijing Courts, the Work Norms on Electronic Lawsuit Archives Acquisition of Beijing Courts, the Work Norms on Case Transfer of Beijing Courts , the Work Norms on Special Delivery of Beijing Courts and the Work Norms on Newspaper Announcement of Beijing Courts are hereby issued for your compliance.

Beijing Municipal High People's Court

September 5, 2019

Work Norms on Case Transfer of Beijing Courts

In order to regulate case transfer in all courts of Beijing, and to achieve an orderly and rapid transfer of cases, this Norms is formulated in combination with the actual situations.

Article 1 Case transfer includes the transfer of cases on appeal and the return of first-instance files.

Article 2 Litigation service departments of courts at all levels are responsible for case transfer by the courts.

Article 3 The presiding judge shall, within 33 days from the date of receiving the appeal petition, complete document delivery, file arrangement and information input and transfer the file to the court's litigation service department.

For an announcement delivery case, the presiding judge shall complete file arrangement and information input within 20 working days from the expiration of the public announcement period, and transfer the file to the court's litigation service department.

For a case involving foreign elements, the presiding judge shall complete file arrangement and information input within 10 working days after the service of documents, and transfer the file to the court's litigation service department.

For a case being overdue transferred, the presiding judge shall explain the reasons for such delay while the file is transferred.

Article 4 The litigation service department of the court of first instance shall complete the review within 7 working days from the date of receiving the case on appeal and transfer the file to the case filing chamber of the court of second instance. If the case fails the review, it shall be returned to the trial and execution departments of the court of first instance for correction and being re-transferred afterwards.

Article 5 The case filing chamber of the court of second instance shall complete the review within 5 working days from the date of receipt of the case on appeal. If the case passes the review, it shall be filed. If fails, it shall be returned to the litigation service department of the court of first instance, with the failing reasons explained.

Article 6 The litigation service department of the court of first instance shall, within 5 working days from the date of receipt of the returned unqualified file, return it to the relevant trial and execution departments for correction and being re-transferred afterwards.

Article 7 After the case of second instance is concluded, the file of first instance shall be transferred to the litigation service department of the court of second instance.

The litigation service department of the court of second instance shall complete the review within 5 working days from the date of receipt of the file and return it to the litigation service department of the court of first instance. If the case fails the review, it shall be returned to the trial and execution departments for correction and being re-transferred afterwards.

Article 8 The litigation service department of the court of first instance shall, within 5 working days from the date of receipt of the file, return it to the trial and execution departments.

Article 9 Cases of objection to jurisdiction and cases of designated jurisdiction shall automatically resume the time limit of trial from the date when the file is returned to the trial and execution department.

Article 10 The Litigation Service Office of Beijing Municipal High People's Court shall regularly reports on the overdue transfer cases of all courts in Beijing.

Article 11 The Norms shall come into force as of the date of issuance and shall be interpreted by the Litigation Service Office of Beijing Municipal High People's Court.