The Supreme People's Court further standardizes the mechanism for supervising the handling of "non filing" complaints - eliminating disguised non filing and better safeguarding the right of the public to sue

2023-12-27

Filing a case is a prerequisite for trial, and filing a case in accordance with the law is the beginning of fair justice. Since the reform of the registration system, people's courts have comprehensively opened up channels for expressing public demands, established and improved three-dimensional and convenient filing models such as on-site filing, handheld filing, cross domain filing, and circuit filing, effectively safeguarding the litigation rights of parties. "In practice, parties and lawyers have reported that there are still some courts that have deviated and deviated in the process of implementing the registration system for filing cases." Qian Xiaochen, the presiding judge of the filing division of the Supreme People's Court, introduced that in recent years, the Supreme People's Court has further standardized the supervision mechanism for "non filing" complaints through the 12368 litigation service hotline, ensuring that cases must be filed and lawsuits must be handled. On October 8th, after receiving a complaint from Wang, Liu Shan, the relevant person in charge of the 12368 litigation service hotline of the Supreme People's Court, immediately conducted an investigation. Originally, Wang was the acting lawyer for a contract dispute case and submitted an application for filing to the Xiuyu District Court through the internet on August 31 this year. The Xiuyu District Court had two phone conversations with Wang, requesting him to provide an address confirmation before filing the case. Wang believes that the demands of the Xiuyu District Court are unreasonable. "Providing an address confirmation letter is beneficial for advancing subsequent trial work, but it is not a necessary condition for filing a case," Liu Shan said. The Supreme People's Court has issued a supervisory letter to the Xiuyu District Court, requiring that for cases where the parties have complete litigation materials, the address confirmation letter can be supplemented by the parties after filing. On the day of supervision, the Xiuyu District Court registered and filed the case. Currently, there are still varying degrees of issues with some grassroots courts not filing cases and delaying filing. The Supreme People's Congress established a special research group to fully listen to the opinions and suggestions of National People's Congress deputies, National Committee members of the Chinese People's Political Consultative Conference, and collected a total of 160000 opinions and suggestions. "From the issues reflected in the investigation and supervision of cases by the Supreme People's Court, some local courts have inadequate implementation and incomplete enforcement of the filing work system, and there are problems such as not issuing written vouchers after receiving the complaint materials at the filing window, evading filing on the grounds that it does not belong to the jurisdiction of the court, and having strict review standards for new types of cases." Qian Xiaochen said that some courts, influenced by performance evaluations, blindly pursue high completion rates, At the end of the year, implement flexible restrictions on filing and increase filing thresholds. In order to facilitate public supervision, in July 2020, the Supreme People's Court opened the 12368 litigation service hotline for fourth level courts nationwide, which provides a complaint and supervision channel for "not filing a case". The public can make phone calls to reflect on the issue of "not filing a case". The Supreme Court issues a daily supervision notice, and the local court verifies and provides feedback on the handling results within 5 working days. As of October this year, a total of 5423 valid complaints have been received and verified with relevant courts one by one. More than 1100 cases that meet the filing requirements have been filed on the spot. At present, in response to the issue of non-standard filing work, the Supreme People's Court is drafting the "Norms for the Work of the People's Court Filing Window", which clarifies the non-standard situations reflected by the public, such as material reception, one-time correction notification, formal review requirements, online filing, cross domain filing processing, and window behavior norms

Edit:Zhoushu    Responsible editor:Wang Chen

Source:People.cn

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