Provisions of the Supreme People's Court on the Reply to the Request for Instructions on the Application of Law issued by the Supreme People's Court

2023-06-07

In order to standardize the work of responding to requests for legal application in people's courts, strengthen judicial supervision and guidance, and improve judicial fairness and efficiency, the Supreme People's Court recently issued the "Provisions of the Supreme People's Court on Responding to Requests for Legal Application". The "Regulations" clarify the scope, content, procedures, norms, etc. of applying for instructions to the Supreme People's Court. The Regulations state that when applying for instructions to the Supreme People's Court, it shall be discussed and decided by the judicial committee of this court, providing opinions on the application of the law, and explaining the reasons; If there are divergent opinions, the biased opinions should be clearly stated. Requests for instructions should be submitted level by level according to the review level. The people's court that submits the request shall prepare a written request in the name of the court, outlining the legal application issues of the request, and prepare a comprehensive report on the request. If a higher people's court requests legal application from a grassroots or intermediate people's court to the Supreme People's Court, it shall also attach a comprehensive report on the request from the lower people's court. The Regulations clarify the process for the Supreme People's Court to handle requests for instructions. The Regulations state that the filing court of the Supreme People's Court shall complete the review within three working days from the date of receiving the application materials. If the requested materials meet the requirements, the case number should be finalized and processed. The Supreme People's Court shall handle the application as soon as possible and complete it no later than two months from the date of acceptance of the application. If it is necessary to seek opinions from relevant departments outside the court or submit it to the judicial committee for discussion, it may be extended for two months. The response of the Supreme People's Court shall be executed by the people's court that requests it, but shall not be cited as a basis for judgment. The Supreme People's Court shall publicly disclose the response to the public through appropriate means. The Regulations shall come into effect from September 1, 2023. (New News Agency)

Edit:Wang Chen    Responsible editor:Zhou Shu

Source:rmfyb.chinacourt.org

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