Jing Gao Fa Wang Fa [2019] No. 1030
To No.1 Intermediate People's Court, No.2 Intermediate People's Court, No.3 Intermediate People's Court, No.4 Intermediate People's Court, Beijing Intellectual Property Court,
The people's courts of all districts and Beijing Internet Court， all departments of Beijing Municipal Higher People's Court:
To further implement the decisions and arrangements made by the CPC Central Committee, CPC Beijing Municipal Committee, and Supreme People's Court for improving the business environment, give full play to judicial functions, promote the smooth connection and efficient operation of the procedures for filing, adjudication and execution of commercial cases, continuously improve the quality and efficiency of commercial trial, and proffer better judicial services and strong judicial guarantee for "establishing Beijing as a highland with international first-class business environment", the 24th meeting of the Judicial Committee of Beijing Municipal Higher People's Court adopted the Measures of Beijing Municipal Higher People's Court on Strengthening the Whole-process Management of Commercial Cases and Promoting the Construction of a Law-based Business Environment after discussion. These Measures are hereby issued for your earnest implementation. For any problems encountered in the implementation, please feedback to the Civil Division II of Beijing Municipal Higher People's Court in a timely manner.
Beijing Municipal Higher People's Court
December 25, 2019
Beijing Municipal Higher People's Court on Strengthening the Whole-process Management of Commercial Cases and Promoting the Construction of a Law-based Business Environment
To further implement the decisions and arrangements made by the CPC Central Committee, CPC Beijing Municipal Committee, and Supreme People's Court for optimizing the business environment, give full play to judicial functions, promote the smooth connection and efficient operation of the procedures for filing, adjudication and execution of commercial cases, continuously improve the quality and efficiency of commercial trial, and proffer better judicial services and strong judicial guarantee for "establishing Beijing as a highland with international first-class business environment", the Measures are hereby formulated based on actual conditions of Beijing court.
I. Strengthen the filing of cases and fast-track sentencing procedures, and expedite speedy trial of simple commercial cases
1. Implement online direct filing of all commercial cases. On the preliminary basis of applying online direct filing of commercial cases in the following five categories, namely, loan contract, financial loan contract, sales contract, contract for work and commission contract, promote the realization of the application of all commercial cases online direct filing. For cases directly filed online, the parties don't need to submit paper prosecution materials to the court at the stages of filing, trial and archiving. Actively respond to the legal requirements of the parties, further publicize the "four-in-one" online filing system integrating online filing, reservation and quick filing via WeChat and cross-region filing, guide the parties to choose more convenient, fast and efficient filing modes, optimize the user experience of online filing, realize 24/7 zero-distance online filing in an all-round manner, and make people experience convenient and efficient judicial procedures. All courts shall handle the cases filed through the online filing system according to the Measures of Beijing Court for Online Case Filing and WeChat Case Filing Appointment (Trial). Generally, the review shall be completed within five working days from the date of application.
2. Reinforce the governance of litigation source of commercial cases. Give priority to the non-litigation dispute resolution mechanism, and actively guide the parties to solve the disputes arising out of commercial cases filed with the court through multiple mediation means according to the nature of cases. Strengthen training and guidance for commercial mediation organizations, give full play to their capabilities of handling and resolving conflicts and disputes, improve the industrial and professional level of multiple mediation in commercial cases, and reduce commercial disputes from the beginning. Take full advantage of online mediation platforms to improve the efficiency and convenience of mediation.
3. Effectively promote the work related to litigation risk warning. When collecting prosecution materials, the filing department shall issue a notice of litigation risks to inform the parties of the risks. In particular, it's necessary to clarify related matters concerning the application for property preservation as well as the time limit for delivery of the court. The parties shall choose whether to apply for property preservation before or after litigation, and the court will decide whether to approve the application in accordance with the law. Strengthen the related work concerning property preservation, and promote the system of litigation property preservation liability insurance.
4. Further promote the "multiple mediation + fast-track sentencing procedures". Establish a sound case classification mechanism, a transfer mechanism from multiple mediation to fast-track sentencing procedures as well as from fast-track sentencing procedures to refined trial, set a reasonable time limit for mediation, and transfer the cases for which the mediation fails or that are not suitable for mediation to fast-track sentencing procedures or back-end trial in a timely manner, so as to ensure speedy trial of simple cases and refined trial of complex cases, and resolve 60% of civil and commercial disputes before litigation. Improve the team's ability to implement fast-track sentencing procedures, summarize the trial standards, business difficulties and typical similar cases while vigorously promoting the speedy handling of simple cases, so as to ensure consistent judgment standards before and after litigation and improve the quality of case trials.
II. Promote the construction of the delivery address database and improve the efficiency of delivery of commercial cases.
5. Expand and improve the delivery address database of all courts across Beijing. All courts shall uniformly use the integrated intensive service platform of Beijing courts to carry out delivery work. Actively guide lawyers in Beijing to sign the confirmation letter of their only long-term valid delivery address in the city's courts and confirm the electronic delivery address through the WeChat official account of "Beijing Court Litigation Service" and the mini program of "Beijing Online Mobile Court" or offline methods; actively coordinate with Beijing Municipal Administration for Market Regulation to promote the legal and standardized use of reserved electronic service addresses of the corporate annual report system; actively coordinate with Beijing Municipal Public Security Bureau to build an address information sharing mechanism among the migrant population; actively coordinate with Beijing Federation of Industry & Commerce to provide member enterprises with effective electronic delivery address; and actively coordinate with China International Economic and Trade Arbitration Commission (CIETAC) and Beijing Arbitration Commission to provide the addresses of the parties in arbitration cases. All courts shall collect more information about delivery address reserved by the subject based on their own actual conditions so that such information can be shared across the whole city.
6. Further improve the utilization rate of electronic delivery. Strengthen the review on the confirmation letter of delivery address filled in by the parties, and guide the parties to agree on and accurately fill in the electronic delivery address. Intensify the training on the use of electronic delivery, and further optimize the workflow of electronic delivery. preferentially choose the mode of electronic delivery to send the litigation documents other than the written judgment, written verdict and mediation document to the parties, their legal representatives and agent ad litem in commercial cases, except as otherwise provided by law or judicial interpretation. For commercial cases of which the electronic delivery address has been confirmed by the parties, ensure the electronic delivery of all documents.
7. Vigorously promote the delivery mode via WeChat mini programs. Make full use of the new "four-in-one" electronic delivery system of "WeChat, email, website and fax", actively guide the addressees to choose WeChat delivery primarily, and develop more innovative delivery modes through the WeChat official account of "Beijing Court Litigation Service" and the mini program of "Beijing Online Mobile Court", so as to give full play to the functional advantage of WeChat platforms in two-way interaction.
8. Fully respect the parties' autonomy for delivery addresses. If the people's court is unable to confirm or unable to require the parties to confirm the delivery address because the parties elude or evade delivery by refusing to confirm the delivery address or respond to lawsuits, rejecting the call, avoiding meeting the delivery personnel, moving out of the original residence or other means, the delivery address specified by the parties in the contract and correspondence involved in the litigation or the parties' own addresses specified in the written documents submitted in the litigation shall be deemed as valid delivery addresses.
III. Enhance trial management, and shorten the time limit for handling commercial cases.
9. Set up strict consciousness of time limit for trial. Build up the consciousness that the completion of cases within a normal time limit shall be the normal, while the extension and suspension of the time limit are exceptions. To improve the trial efficiency is a strong judicial demand of the masses, as well as an important measure taken by the courts to facilitate the construction of business environment according to law. Strictly review the reasons for changes in the time limit, standardize the approval process for changing the time limit, and improve conclusion efficiency within the statutory (normal) time limit.
10. Strictly control the interval between repeated hearings and multiple hearings. In case a pre-trial conference is required during case trial, it shall normally be held once; in case it's really necessary to convene another conference, it shall not be held more than twice. Where the ordinary trail procedure applies, no more than three hearings shall be held; in case the trial is conducted in simple procedures or in small fast-track procedures, no more than two hearings shall be held. The interval between two hearings shall not exceed one month, unless due to force majeure or agreed by the parties.
11. Strictly standardize the approval process for extending the time limit. If it's necessary to extend the time limit as specified by law under special circumstances, the presiding judge shall apply to the chief justice of the court 15 days before expiration of the time limit, and clarify relevant details and reasons. If the case cannot be concluded after the extension of the time limit approved by the chief justice of the court and it needs to be extended again, the case shall be reported to the people's court at a higher level for approval 15 days before expiration of the time limit.
12. Strictly restrict the reasons for shortening the time limit. The circumstances not included in the trial time limit in commercial cases are strictly restricted as follows: (1) Where the court decides to postpone the hearing in that a party or an agent ad litem applies for notifying a new witness to appear in court, obtaining new evidence, or applying for reappraisal or inspection, the period not included in the time limit shall be one month at most; (2) announcement and appraisal; (3) hear the objections to jurisdiction raised by the parties and settle jurisdictional disputes between courts; (4) the audit, appraisal and liquidation of assets by relevant professional institutions; (5) both parties apply for an out-of-court settlement; (6) both parties agree to extend the mediation; (7) suspension; (8) other circumstances that may not be included in the time limit as expressly provided in other laws or judicial interpretations.
13. Strictly manage the approval of matters related to shortening the time limit. Further standardize the management of shortening the time limit. In case the time limit should be shortened during a case trial, the presiding judge shall explain the specific reasons for shortening, specify the starting and ending time for shortening the time limit, and report to the chief judge and the vice-president in charge for approval. The presiding judge shall not deduct or extend the time limit in any disguised form without authorization. The applications for extending or shortening the time limit without statutory reasons shall not be approved.
14. Strictly standardize the document filing and information recorded for cases with a changed time limit. For cases applying for extending or shortening the time limit, the presiding judge shall attach the evidentiary materials indicating statutory reasons for changes in the time limit, the approval procedures for changes in the time limit and other related documents to the file. Comprehensively input the accurate case filing time, the trial time limit as well as the circumstances and causes for extending, shortening and re-calculating the time limit and for adjournment in the trial system, and disclose them to the parties, their legal representatives and agents ad litem in a timely manner. The information entered in the system shall be consistent with the information in the file.
15. Strengthen the supervision, inspection and assessment on the time limit. The commercial adjudication department of all courts should use the information-based system to promptly warn and supervise the handling of cases whose time limit is about to close; for cases that have been tried for more than one year after the time limit is extended or shortened, a ledger shall be established to promote regular supervision and dynamic tracking and management; cases that have been in trial for more than two years shall be submitted to the judicial committee for discussion after being approved by the chief justice in charge. The conclusion of cases within the time limit shall be included into assessment, and the presiding judge shall conclude the case according to the prescribed time node and time limit.
IV. Standardize the appraisal work undertaken by entrusted third parties, and shorten the appraisal time
16. Further implement the intensive management mode. Do a good job in judicial technical consultation and technical review, and provide quality services for the courts to carry out external entrustment in a precise, standardized and efficient manner by strengthening the intensive management in its scope and depth, training more judicial technical professionals and promoting team building.
17. Put more efforts in intensifying the standardized management of appraisal work.
Strengthen the monitoring and supervision on important process nodes of appraisal work, and include the time of the people's court to handle external entrustment and supplement or resubmit appraisal materials into the scope of target accountability system assessment and evaluation management, so as to shorten the average appraisal and evaluation period of general commercial cases to 40 days and further improve the quality and efficiency of trials.
18. Improve the construction of an integrated platform for external entrustment. Integrate many functions convenient to the masses and judges into the development of the integrated platform for external entrustment, such as the office administrative approval, consultation services provided by professional institutions after case withdrawal, e-signature of identification documents, messages and communication via internal and external interconnection, checking of random ballot results via the Extranet, etc., and promote the efficiency of appraisal and evaluation work by building an "Internet + external entrustment" intelligent appraisal and evaluation platform.
19. Improve the coordination mechanism among the people's court, administrative department and professional institution. Further strengthen the horizontal linkage, communication and interaction among the court, administrative management department and industry association, summarize the information about case trials and professional institutions in a timely manner, hold regular coordination meetings to inform all parties of the important problems encountered in management and use, enhance industry supervision, elevate the competitiveness of institutions, and improve the judicial protection level of trial services.
V. Strengthen the in-depth application of electronic files, and explore the whole-process online handling of litigation procedures
20. Highlight the basic work of generating electronic files. Reinforce the management of centralized and decentralized scanning based on different working modes, adopt digital means to produce scanning materials in accordance with the scanning technology standards, and ensure that the accuracy of electronic document splitting, marking, naming and cataloging is 100% according to the service mode of "intelligence + outsourcing".
21. Comprehensively promote the in-depth application of electronic files. Promote the paperless online case handling mode, enable the functions of online filing, online marking, electronic delivery, production of evidence and cross-examination, paperless intelligent court hearings, and automatic generation of judgment documents. Clarify the approval procedures and work requirements of each step, and speed up the process of case circulation. All courts shall actively pioneer in carrying out the pilot reform of filing methods "dominated by electronic files and supplemented by paper files" in commercial trials.
22. Optimize the working mechanism for transferring paper files. Complete the case transfer within the specified time node, improve the approval process of deferred transfer and keep records throughout the whole process according to the requirements of the Work Rules of Beijing Court on Case Transfer; explore to establish a transfer mechanism dominated by electronic files and supplemented by paper files, improve the "related cases" function of the electronic file system to meet the demand of the superior unit to view electronic file materials of the original case, and take out the paper files for case handling when necessary.
23. Realize handling the whole process of litigation procedures online. Improve the PC application of the electronic litigation platform of Beijing court, as well as the mobile applications such as "Beijing Online Mobile Court" and the WeChat official account of "Beijing Court Litigation Service" by further relying on "Beijing Court Trial Information Online" (www.bjcourt.gov.cn) and the overall framework of "one database and two platforms", so as to handle all litigation procedures online, including the filing and payment by the parties, delivery, submission of materials, evidence exchange, hearings, etc..
VI. Establish a long-term execution mechanism, and increase the speed and efficiency in enforcing contracts
24. Develop a sound comprehensive management work pattern to solve execution problems. Introduce normative documents at the municipal level, further improve the coordination and linkage mechanism of the departments in charge of execution, and institutionalize the comprehensive management work pattern featuring "leadership by the party committee, coordination by the political and legislative affairs committee, supervision by the people's congress, support by the government, hosting by the court, linkage of departments and social participation" to solve executional problems. Strengthen comprehensive management and assessment on execution\, make overall arrangements while regarding it as an important part of law-based urban governance, and give full play to the role of execution in building a safe and sound business environment.
25. Improve the coordination and cooperation mechanism for filing, trial and execution. The filing department shall issue a reminder of executional risks at the filing stage of the executed case, to inform the applicant who applies for execution that he/she should actively provide property clues to the people's court, as well as the adverse consequences possibly incurred by no provision of property clues. The risk of execution failure due to lack of available-for-execution property shall be clarified.
26. Improve the information-based system for execution. Further optimize the systems of execution inspection and control, online evaluation, online auction and credit punishment, and provide information technology support for executive staff to take measures, improve efficiency and intensify their efforts. Improve the information disclosure platform for executional work, strengthen risk alerts and node notification through apps, WeChat mini programs and other technology means to provide "one-stop" litigation services for the parties, and protect the right of being informed of parties and lawyers, the right of participating and supervising.
27. Improve the online inspection and control system for execution. Further broaden the coverage of the inspection and control system, put the bank financial products, provident fund account information into the inspection and control system, in order to realize online seizing of real estate, and promote the solution of some forms of property not covered by the inspection and control system. Explore ways to introduce the family tree analysis of enterprise information into the execution system, so as to provide technical support for finding the actual controller and related companies of the person subject to enforcement.
28. Improve punishment system for losing faith. Cooperate with the Beijing Municipal Bureau of Economy and Information Technology to share information of the person subject to enforcement who has committed losing faith acts with municipal commissions and bureaus, relevant mass organizations, social organizations, enterprises and public service units, and encourage more to embed this name list of losing faith into their office systems, so as to achieve automatic comparison of the list information of the person subject to enforcement committed losing faith acts and supervise and punish automatically.
29. Dispose of property in an intensive and intelligent way. Implement online judicial auctions in an all-round way, accelerate the digestion of investigated and controlled property, and improve the timeliness of property liquidity so as to ensure the annual case-to-auction ratio can exceed 2% and hopefully reach 2.2%. Implement relevant judicial interpretations and determine the reference price of property disposal by means of agreement between the parties, directional quoting inquiry, online quoting inquiry, entrusted evaluation and so on; promote the application of the property appraisal system among all courts in China, and ensure that the appraisal process is open, transparent and efficient. Explore to outsource some auxiliary work related to judicial auctions, and enhance standardized management. Build a sound supporting mechanism to solve problems that affect the efficiency of property disposal, such as vacating and delivering auctioned property and eliminating vehicle violations.
30. Intensify efforts in property investigation. Implement the property reporting system, and aggravate penalties for those who fails to report or report untruth information. Resolutely take the search measures where the person subject to enforcement has violated the property reporting system, or has concealed the property, property certificates, accounting books, etc. Explore ways to establish systems for lawyers to investigate the property of persons subject to enforcement, accelerate the implementation of such systems as entrusted audit investigation, obtaining evidence by notary organs and rewards for reporting, and broaden the channels for property discovery.
31. Impose severe punishment on illegal behaviors of refusal of enforcement. Aggravate penalties for refusal of enforcement, and take full advantage of the compulsory means prescribed by law to limit consumption behavior and impose restrictions on leaving the country to the greatest extent by law. Each person who commits refusal of enforcement shall be included into the list of losing faith, and held liable in flexible forms of public prosecution on refusal of enforcement and in parallel with private claim, fines and detentions.
VII. Improve the litigation service system, and deliver better experience to the public
32. Enhance the construction of a modern litigation service system. Build a new litigation service system around electronic litigation services as the core, connecting hall services, hotline services and mobile terminal services, covering the whole process of courts and litigation procedures in Beijing. synergizing with the information platform of the Supreme Court's litigation service guidance center, connecting various information application systems and integrating the big data analysis, so as to realize One-stop Express Handling and handling through a unified online platform and account, and further enhance people's sense of gain.
33. Fully disclose process information of the trial. The filing department shall input the parties' information accurately at the time of filing, while the justice department shall verify the information during a trial, make modifications and supplements in a timely manner when the information changes or the records are inaccurate, and disclose the trial process information to the parties and agents ad litem in a timely manner so as to protect the parties' right to be informed of the trial activities.
34. Improve the functions of the litigation service platform. Deliver better intelligent services of "Beijing Court Trial Information Online" (www.bjcourt.gov.cn), the WeChat official account of "Beijing Court Litigation Service", and the mini program of "Beijing Online Mobil"Court”, including online guidance, online filing, online application, online payment, online marking, online delivery and other services. Create favorable conditions for litigants and lawyers to handle various litigation affairs online via mobile phones.
35. Strengthen the publicity of the litigation service platform. Vigorously promote the use of 12368 voice service hotline, the WeChat official account of "Beijing Court Litigation Service", and the mini program of "Beijing On"e Mobile Court" by comprehensive means. For example, the QR code can be posted in prominent positions in the litigation service hall, and the websites of all courts as well as new media means such as Weibo and WeChat can be utilized for publicity.
These Measures shall come into force as of the date of promulgation.