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The Curtain Of Civil Procedure Law Is About To Open.

2011/10/20 10:40:00 18

The Standing Committee of the National People's Congress will consider the amendment of the civil procedure law for the first time.

Amendments to the civil procedure law or mitigation of electronic data are expected to become evidence.

The major curtain to amend the civil procedure law is about to begin.

The Standing Committee meeting of the National People's Congress will be considered for the first time.

civil

The draft amendment to the procedural law (hereinafter referred to as the Civil Procedure Law) will be a comprehensive revision in the 20 years since the implementation of the law.

As the first three procedural laws in China and the Procedural Guide in the field of civil litigation, the civil procedure law is closely related to the interests of every citizen.

"A lawsuit is not only complicated, but sometimes it takes a long time for a case to be repeated, and it may not be able to stand up."

A litigant who had just arrived at the court paid the complaint.

"The difficult problem of lawsuits can not be completely solved by legislation alone, it involves all aspects.

But there is no doubt that the legislature has the responsibility to provide more convenience for lawsuits for civilians through improving laws. "

Peking University law school professor Pan Jianfeng said.

The great amendment of the civil procedure law is for this purpose.

In 2007, the civil procedure law was amended once.

At that time only

Appeal

There are less than 20 changes in difficulties and difficulties in enforcement. Compared with nearly 270 articles in the whole law, it can only be regarded as a partial amendment.

Many experts who have participated in this revision argue that the amendment will be a comprehensive revision, which will definitely surpass the past and is expected to achieve many breakthroughs and further reduce the burden of mass litigation.

Not all disputes need to be lawsuits.

The difficulty of lawsuits is partly due to the increasing demand for judicial services by the public and on the other hand.

Court

The current situation of "fewer cases".

"All social conflicts and disputes are entered into litigation procedures and are resolved through judicial procedures with professional requirements. This is not the best choice."

Luo Dongchuan, director of the Institute of Applied Law of the Supreme People's Court of China, believes that the gap between urban and rural areas, the gap between the East and the West and the influence of traditional culture determine that there should be multiple options for resolving contradictions and disputes. Mediation and arbitration should play a full role.

If mediation can solve disputes, then there is no need to go to court.

In fact, in recent years, the courts throughout the country have implemented the principle of "mediation first and combination of mediation and judgment", and have achieved good results in mediation of cases that are suitable for mediation.

In view of this, the amendment of the civil procedure law is likely to put the mediation preposition procedure clearly into the law.

"That is to say, the civil procedure law will clearly stipulate that before the court hearing a case, the court must first mediate the litigation initiated by the parties, and make a conciliation before it can be tried again.

In this sense, it strengthens the status and role of mediation in solving civil disputes.

Tang Weijian, a professor at Renmin University of China law school who has been involved in the revision of law, said.

"Practice has proved that resolving conflicts can not be done by the courts alone, but by a systematic project.

It is an inevitable choice to establish a dispute resolution mechanism linking up litigation and non litigation, which requires legislative support.

Tsinghua University law school professor Wang Yaxin said.

Filing is difficult or will be eased.

The long-standing problem of filing a case has left some people with no sense of justice.

According to Pan Jianfeng, in order to solve this contradiction, the amendment of the civil procedure law will introduce the registration system and improve the procedure of prosecution and acceptance.

"Now the people go to court for a lawsuit. If the court does not accept it, it will only make an oral announcement. Even if the parties refuse to accept it, it will be difficult to appeal, which will lead to many contradictions.

In this regard, the amendment of the civil procedure law will clearly stipulate that the court must file a case according to law, and a ruling must also be made if the case does not conform to the conditions of prosecution.

If the parties refuse to accept the case, they may appeal.

This aspect has increased the restriction on the court's filing according to law, and also alleviated the difficult situation of filing a case, which is a good thing for the common people.

Pan Jianfeng told reporters.

In Tang Weijian's view, the amendment of the civil procedure law attempts to make a breakthrough, mainly to solve the problem of the prosecution of the parties concerned.

But at the same time, he pointed out that one of the most difficult cases is that the court neither accepts the case nor sends a ruling to the parties, in fact, it cuts off the way of judicial relief for the parties concerned.

"The draft hope can have a clearer solution to this problem."

Small claims or first instance final judgment

The people who have gone through exclamation for several months of dispute for thousands of yuan, painstakingly and hard to lose.

However, the amendment of the civil procedure law is expected to change this situation.

According to experts who participated in the law revision, the establishment of small claims system is a highlight of this amendment.

"Not all conflicts and disputes need to be lawsuits, even if there is only one way of litigation.

Although according to the current civil procedure law, some simple civil cases with clear facts, clear rights and obligations, and minor disputes can be tried in a summary procedure. However, the small claims procedure for small cases will further improve the efficiency of handling cases and provide convenient services for the people to fight lawsuits.

Pan Jianfeng said.

"From the perspective of legislation, it is possible to apply small claims procedure in cases where the target amount is below 5000 yuan, and the first instance final trial will achieve the effect of reasonable diversion of cases."

Tang Weijian suggested.

He also suggested that although the first instance final case could not be appealed, it could be applied for retrial.

After such amendments, small cases are handled according to small procedures. Simple cases are handled according to summary procedures. Complex cases are tried according to ordinary procedures, which will enrich the connotation of judicial proceedings.

Electronic evidence may be presented in court.

In the era of Internet, a lot of electronic data are kept on the Internet, such as e-mail and online paction records.

While many people are in charge of the lawsuit, they hold relevant electronic data. However, because the current civil procedure law has not yet defined electronic data as evidence category, it is often not adopted by courts, resulting in evidence but not functioning.

As a practicing lawyer specializing in intellectual property cases, Wang Jun, partner of Beijing Ying Ke law firm, often deals with electronic data in handling cases.

He told reporters that there is no single evidence category of "electronic data" in law. When handling cases, electronic data should be notarized for "evidence fixation" and then submitted to the court or arbitration institution as documentary evidence or audio-visual material.

"This is obviously not compatible with the current reality of electronic data and its technical characteristics."

In the revision of the civil procedure law, whether electronic data has been added as a new type of evidence has been included in the discussion scope of the legislature.

"Electronic data is stored in electronic media, including electronic signature, formatted hard disk information obtained through recovery, etc., which is different from traditional audio-visual materials such as video recording and recording.

In my opinion, the evidence should be added to the law, which will greatly facilitate the proof of the parties. "

Tang Weijian suggested.