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Stipulations on Factor-oriented Trial of Cases for Immediate Judgment(Trial)
  发布时间:2018-04-08 15:00:20 打印 字号: | |

These stipulations are formulated to regulate the factor-oriented trial of cases for immediate judgment in the filing stage and improve the quality and efficiency of dispute resolution based on the Civil Procedure Law of the Peoples Republic of China, the Peoples Mediation Law of the Peoples Republic of China, Opinions of Supreme Peoples Court on Further Improvement of Reform of Dispute Settlement Mechanism by the Peoples Court, Stipulations on the Peoples Courts Special Invitation to Mediation by Supreme Peoples Court, Several Opinions of the Supreme Peoples Court on Further Promoting the Efficient Distribution of Complex and Simple Cases and Optimizing the Allocation of Judicial Resources, Operating Regulations of the Supreme People’s Court on Complex-simple Distribution and Mediation Immediate Judgment of Civil and Commercial Cases and other laws and judicial interpretations as well as the practical situation of courts in Beijing. 

Article I [Meaning of Factor-oriented Trial] The method of factor-oriented trial mainly refines the basic facts of certain cases, generalizes whether there is a dispute between factors, and focuses on the disputed factors in court trial and preparation of judgement instruments. It aims to simplify the trial procedure and improve judicial efficiency to realize immediate judgment of simple cases.

Factor-oriented judgement instruments refer to the legal instruments that do not follow the conventional format of separate statements of the plaintiffs appeal, the defendants argument, the courts finding and the courts opinionupon judgement instruments preparation, but focus on the particular factors of cases to state the opinions of the plaintiff and the defendant, list the evidences and courts reason and basis of judgment for cases whose certain factors can be generalized.

Article II [Type of Case Suitable for Factor-oriented Trial] All courts shall directly input the following seven types to the multiple mediation and immediate judgment procedure. In case multiple mediation fail, factor-oriented trial still applies to general civil and commercial cases with clear facts, express jural relations and small degree of disputes between the parties:

(I) Disputes on sales contract with a targeted amount of lawsuit below RMB 500,000;

(II) Disputes on civil private lending with a target amount of lawsuit below RMB 500,000;

(III) Disputes on credit card;

(IV) Disputes on financial loan;

(V) Disputes on property service contract for recourse of property management fee and heating fee, and dispute on heat supply contract;

(VI) Disputes on liability for motor vehicle traffic accident;

(VII) Disputes on family affairs, including marriage, inheritance, caring for parents, child-raising and foster disputes, etc.

When the case filing chamber accepts the cases above, the pleadings and evidences shall be scanned and recorded on file.

Article III [Filling in Factors Form] Facts shall be confirmed based on the characteristics of factor-oriented cases.

In the filing stage, the judge that files the case shall guide the plaintiff to fill the factors form. In case of pretrial mediation of factor-oriented cases, the special mediator shall guide the plaintiff to fill the factors form. For direct immediate judgment of factor-oriented cases, the factors form shall be delivered to the defendant with the copy of pleadings and the responding materials in the delivery stage before trial, notifying the defendant to defend himself against the factors form submitted by the plaintiff, to express acknowledgment or denial, and to state the facts and evidences supporting the denial.

Article IV [Time Limit for Producing Evidence and Defense Period] The time limit for producing evidence associated with factor-oriented cases is determined by the court, or the parties may reach a consensus through negotiation with the approval from the peoples court. If the defendant requests to answer in writing, the court may determine the defense period properly in lawful time limit based on the defendants consent.

If both parties express that time limit for producing evidence and defense period are not necessary, the hearing may commence as soon as it is recorded.

Article V [Notice Mode] For factor-oriented cases, the parties may be informed by telephone, text message, fax, email or other convenient means, and the work shall be properly recorded.

Article VI [Flexible Court Session] The court session for factor-oriented cases may be arranged on evenings, days off or statutory holidays based on the demand of hearing.

If either party or witnesses cannot appear for just cause, the hearing or inquiry made by carried out in online videos or other convenient ways as long as the other party agrees.

Article VII [Hearing Mode] The court shall focus on facts to carry the hearing forward, generalize indisputable facts and disputed focus through the factors form filled by the parties, organize the evidences, and determine the emphasis of the hearing investigation. The court may directly confirm the facts indisputable for both parties after combing relevant evidences, lead the parties to proof, cross-examination and debate on controversial facts, and be free from the limitations of court investigation, court debate and other procedures.

Trial on factor-oriented cases may be recorded by automatic speech recognition or other means. The trial record shall be true and complete.

Article VIII [Small Claims] Article 162 of the Civil Procedure Law of the Peoples Republic of China applies to small claims in which one-final trial is exercised.

Article IX [Intensive Service] Special personnel shall be assigned to handle the intensive service, evaluation and other judgment auxiliary affairs in the process of hearing of factor-oriented cases.

Article X [Immediate Performance] Legal instruments are not necessary for immediately performed factor-oriented cases unless the parties demand otherwise, but the relevant situations shall be specified on the court hearing record.

Article XI [Requirements for Instruments] According to Article 15 of the Several Opinions of the Supreme Peoples Court on Further Promoting the Efficient Distribution of Complex and Simple Cases and Optimizing the Allocation of Judicial Resources, the format of factor-oriented judgement instruments shall be adopted on the seven types of factor-oriented cases listed in Article II of the Stipulations. See the Annexes for details.

Each level of court is encouraged to adopt the informatization means to guarantee fair and rapid trial of factor-oriented cases.

Article XII [Factors of Sales Contract Cases] Factors of sales contract cases include contract effectiveness, time and location of sales contract signing, subject matters of transaction in the contract, price and term of payment in the contract, delivery time in the contract, quality standard and inspection method in the contract, time limit of quality objection in the contract, delivery information (time, location and quantity) of subject matters, quality dispute on subject matters, and objection on the standard for liquidated damages in the contract, etc.

Article XIII [Factors of Civil Private Lending Cases] Factors of civil private lending cases include contract effectiveness, relationship between the plaintiff and the defendant; job and income of the plaintiff, job and income of the defendant; source of the plaintiffs fund, purpose of the defendants borrowing, amount of loan and term of payment in the contract, amount of loan actually received by the defendant, term of payment from the plaintiff to the defendant, whether a loan contract is signed between the parties, whether the defendant has issued IOU and receipt to the plaintiff, time limit and term of payment specified between the parties, how the parties determine the interest, whether there is assurance or guarantee, the time, amount and term of principal payment for the defendant, and the time, amount and term of interest payment for the defendant, etc.

Article XIV [Factors of Cases on Credit Card Disputes] Factors of cases on credit card disputes include holders information, content of credit card application, content of credit card contract, credit card arrears, and the calculation method in the claim, etc.

Article XV [Factors of Cases on Financial Loan Contract Disputes] Factors of financial loan contract disputes include borrowers profile, co-borrowers information, date of loan application, date of contract signing, amount of loan in the contract, time limit of loan, payable on each term, mortgage information, time and amount of actual lending, repayment of the borrower, arrears of the borrower, and calculation method in the claim, etc.

Article XVI [Factors of Cases on Disputes on Property Service Contract and Heat Supply Contract Disputes] Factors of cases on disputes on property service contract and heat supply contract disputes include the location of the house involved, whether the defendant is the house owner, basis of property management fee (heating fee) collected by the plaintiff from the defendant, how the plaintiff ask for property management and heating fee from the defendant, and the defendants plea and evidences, etc.

Article XVII [Factors of Cases on Liability Disputes on Motor Vehicle Traffic Accidents] Factors of cases on liability disputes on motor vehicle traffic accidents include accident overview, division of liability, vehicle information, injury, sick leave and disability identification of the victim, and the indemnity done, etc.

 

Article XVIII [Factors of Inheritance Cases] Factors of inheritance cases include profile of the decedent and the lawful successor, the property of the decedent and the spouse, heritage, credit and debt of the decedent, whether the decedent has left a will, and bequest, etc.

Article XIX [Factors of Divorce Cases] Factors of divorce cases include duration of marriage, child bearing, how many times the plaintiff has prosecuted of divorce, whether there is a prenuptial property agreement, whether there is a marital property agreement, whether there is a situation where divorce is permitted, facts to find out on custody, facts to find out on property division, facts to find out on determination of indemnity (compensation), and external credits and debts.

Article XX [Governance of Reference to Mediation of Previous Cases] If mediation of previous cases involves the fact-finding in the seven types of cases listed in Article II of the Stipulations, the Stipulations apply to reference.

Article XXI [Interpretation and Effective Period] The Stipulations shall be interpreted by the case filing chamber of Beijing Higher People’s Court.

The Stipulations are on trial since the date of issuance.

 

 

 

Factors Form and Factor-oriented Judgment

 

Annex I. Disputes on Sales Contract

 

 (I) Factors Form

 

 

Factors form for Sales Contract Disputes

Important Notices

1. This form is released to help you better join the lawsuit and to protect your lawful rights.

2. All the contents listed below are necessary for the judge to find out the facts of the case. Please read carefully and fill in the blanks truthfully.

3. As this form is designed for general cases of disputes on sales contract, some of the blanks might be irrelevant to your case. You may fill N/Ain the blanks you think of as irrelevant to the case or leave them alone. If some items are missing in the form, you may write it down separately in the form.

4. The contents you fill in this form are significant for your statement to the court. The court will deliver the copy of the form you fill to other lawsuit participants by law.

Please fill in the following contents:

I. The contract is ________ (effective or ineffective) because _______.

II. The sales contract is signed on __/__/__ at _____.

III. Whether jurisdiction clause or agreement is made (No; Yes) ______.

IV. Subject matter for sale, its price and term of payment in the contract: goods____; quantity____; total price____; _____ installments; the ____ installment; the ___ installment; the ____ installment. Term of payment: ______.

V. Delivery date in the contract: __/__/__, delivery location ______; term of delivery_____.

VI. Quality standard and inspection method in the contract: (No; Yes) _______.

VII. Time limit on quality objection in the contract: (No; Yes) ¬_______.

VIII. Calculation method of liquidated damage in the contract: _______.

IX. Condition of rescission in the contract: ________________.

X. Delivery of subject matter (time, location and quantity): ______.

XI. Actual payment of contract price: ___________________.

XII. Dispute on quality of subject matter: ___________________.

XIII. Calculation method of liquidated damages: _____________.

XIV. Objection against the standard of liquidated damages in the contract: _______________.

XV. Other matters to be explained ______________________.

Please recheck the aforesaid content and sign.

Party Concerned (Signature and Seal):

MM/DD/YY

 

 (II) Factor-oriented Judgment

 

Civil Judgment of

Beijing ×× District Peoples Court

(××××)…… M. C. No.……

Plaintiff: ×××,……

Statutory agent/authorized agent/legal representative/principal: ×××, ……

Agent ad litem: ×××, ……

Defendant: ×××, ……

Statutory agent/authorized agent/legal representative/principal: ×××, ……

Agent ad litem: ×××, ……

(Basic information including name or title, etc. of parties in litigation and other litigious participants shall be clearly written above.)

In the trial of a case between the plaintiff ××× and the defendant×××…… (specify the cause of action), the court applied simple procedures according to laws, and publicly opened a court session/ heard the case in a private session for involving …… (specify the causes for trial in camera). The plaintiff ××× and the defendant××× (specify the status in litigation and name or title of the parties in action and other litigious participants) appeared in court to participate in the proceeding. The trial of this case has been closed.

The plaintiff brought litigation claim to the court that: ……

The defendant argued that: ……

After the trial, the court has ascertained the facts as follows:

I. The contract is ________ (effective or ineffective) because _______.

II. The sales contract is signed on __/__/__ at _____.

III. Whether jurisdiction clause or agreement is made (No; Yes) ______.

IV. Subject matter for sale, its price and term of payment in the contract: goods____; quantity____; total price____; _____instalments; the ____ instalment; the ___ instalment; the ____instalment. Term of payment: ______.

V. Delivery date in the contract: __/__/__, delivery location ______; term of delivery_____.

VI. Quality standard and inspection method in the contract: (No; Yes) _______.

VII. Time limit on quality objection in the contract: (No; Yes) _______.

VIII. Calculation method of liquidated damage in the contract: _______.

IX. Condition of rescission in the contract: ________________.

X. Delivery of subject matter (time, location and quantity): ______.

XI. Actual payment of contract price: ___________________.

XII. Dispute on quality of subject matter: ___________________.

XIII. Calculation method of liquidated damages: _____________.

XIV. Objection against the standard of liquidated damages in the contract: _______________.

XV. Other matters to be explained ______________________.

The parties have disputes on Items × and × above and agree to other items.

In conclusion, ……. (specify the comments on whether to support the parties in actions litigation claim and claims or not). Pursuant to Article xxx of …… Law of the Peoples Republic of China and provisions of …… (specify the name of legal instrument and its article number), the judgment is made as follows:

 

……(specify the result of judgment)

If the obligation of monetary payment is not performed within the time limit ruled by the court, the debt interest for the period of delayed performance shall be doubled (leave blank in case of no obligation of monetary payment) pursuant to Article 253 of the Civil Procedure Law of the Peoples Republic of China.

The court acceptance fee of RMB ……shall be borne by…… (specify the name or title of the parties in litigation, and the amount borne).

If either party has objections to the judgment, he/she may submit a written appeal to the court within fifteen days after serving of the judgement instruments, and appeal to ×××× peoples court with copies corresponding to the number of adverse litigants.

Judge ×××

March 5, 2017

              Clerk ×××

 

 

 

 

 

Annex II [Factors Form and Factor-oriented Judgment for Civil Private Lending Cases]

 

(I) Factors Form for Civil Private Lending Cases

(××××)J.……M. C.……No.

Important Notices

1. This form is released to help you better join the lawsuit and to protect your lawful rights.

2. All the contents listed below are necessary for the judge to find out the facts of the case. Please read carefully and fill in the blanks truthfully.

3. As this form is designed for general cases of private lending, some of the blanks might be irrelevant to your case. You may fill N/Ain the blanks you think of as irrelevant to the case or leave them alone. If some items are missing in the form, you may write it down separately in the form. If some items are missing in the form, you may write it down separately in the form.

4. The contents you fill in this form are significant for your statement to the court. The court will deliver the copy of the form you fill to other lawsuit participants by law.

 

Please fill in the following blanks:

I. The contract is ________ (effective or ineffective) because _______.

II. Relationship between the plaintiff and the defendant: _________.

III. The job and income of the plaintiff: ____________.

The job and income of the defendant: ____________.

IV. Source of fund of the plaintiffs lending: _______________.

V. Purpose of the defendants borrowing: ______________.

VI. Amount of loan in the contract: ________, term of payment: __________ and actual amount of loan received by the defendant: _________.

VII. Term of payment to the defendant by the plaintiff: ____________.

VIII. Whether a loan contract is signed between the parties: ____________.

IX. Whether the defendant has issued IOU and receipt to the plaintiff: _________.

X. Time limit and term of payment specified between the parties: _____________.

XI. How the parties determine the interest: _____________.

XII. Whether there is assurance or guarantee: ______________.

XIII. Time, amount and term of payment for principal after the defendants borrowing: ______________.

XIV. Time, amount and term of payment for interest after the defendants borrowing: ______________.

XV. Whether the plaintiff has urged the defendant to repay before prosecution: ____________.

XVI. Since when the plaintiff lost contact with the defendant if the defendant is missing____________.

 

 

Plaintiff (defendant):

 

MM/DD/YY

 

 

 

 

 

 

 

 

(II) Factor-oriented Judgment for Civil Private Lending Cases

 

Civil Judgment of

Beijing ×× District Peoples Court

(××××)…… M. C. No.……

Plaintiff: xxx, male/female, born on MM/DD/YY, nationality: …… (employer, position or occupation), address:

Statutory agent/authorized agent/legal representative/principal: ×××, ……

Agent ad litem: ×××, ……

Defendant: ×××, ……

Statutory agent/authorized agent/legal representative/principal: ×××, ……

Agent ad litem: ×××, ……

(Basic information including name or title, etc. of parties in litigation and other litigious participants shall be clearly written above.)

In the trial of a case between the plaintiff ××× and the defendant×××…… (specify the cause of action), the court applied simple procedures according to laws, and publicly opened a court session / heard the case in a private session for involving …… (specify the causes for trial in camera). The plaintiff ××× and the defendant××× (specify the status in litigation and name or title of the parties in action and other litigious participants) appeared in court to participate in the proceeding. The trial of this case has been closed.

The plaintiff brought litigation claim to the court that: ……

The defendant argued that: ……

After the trial, the court has ascertained the facts as follows:

I. Relationship between the plaintiff and the defendant: _________.

II. The job and income of the plaintiff: ____________.

III. The job and income of the defendant: ____________.

IV. Source of fund of the plaintiffs lending: _______________.

V. Purpose of the defendants borrowing: ______________.

VI. Amount of loan in the contract: ________, term of payment: __________ and actual amount of loan received by the defendant: _________.

VII. Term of payment to the defendant by the plaintiff: ____________.

VIII. Whether a loan contract is signed between the parties: ____________.

IX. Whether the defendant has issued IOU and receipt to the plaintiff: _________.

X. Time limit and term of payment specified between the parties: _____________.

XI. How the parties determine the interest: _____________.

XII. Whether there is assurance or guarantee: ______________.

XIII. Time, amount and term of payment for principal after the defendants borrowing: ______________.

XIV. Time, amount and term of payment for interest after the defendants borrowing: ______________.

XV. Whether the plaintiff has urged the defendant to repay before prosecution: ____________.

XVI. Since when the plaintiff lost contact with the defendant if the defendant is missing____________.

The parties have disputes on Items × and × above and agree to other items.

In conclusion, ……. (specify the comments on whether to support the parties in actions litigation claim and claims or not). Pursuant to Article xxx of …… Law of the Peoples Republic of China and provisions of …… (specify the name of legal instrument and its article number), the judgment is made as follows:

……(specify the result of judgment).

If the obligation of monetary payment is not performed within the time limit ruled by the court, the debt interest for the period of delayed performance shall be doubled (leave blank in case of no obligation of monetary payment) pursuant to Article 253 of the Civil Procedure Law of the Peoples Republic of China.

The court acceptance fee of RMB ……shall be borne by…… (specify the name or title of the parties in litigation, and the amount borne).

If either party has objections to the judgment, he/she may submit a written appeal to the court within fifteen (15) days after serving of the judgement instruments, and appeal to ×××× peoples court with copies corresponding to the number of adverse litigants.

 

Judge ×××

March 5, 2017

              Clerk ×××
 

Annex III. Disputes on Credit Card

 

(I) Factors Form

 

 

Factors Form for Dispute on Credit Card

 

Important Notices

1. This form is released to help you better join the lawsuit and to protect your lawful rights.

2. All the contents listed below are necessary for the judge to find out the facts of the case. Please read carefully and fill in the blanks truthfully.

3. As this form is designed for general cases of disputes on credit card, some of the items might be irrelevant to your case. You may fill N/Ain the blanks you think of as irrelevant to the case or leave them alone. If some items are missing in the form, you may write it down separately in the form.

4. The contents you fill in this form are significant for your statement to the court. The court will deliver the copy of the form you fill to other lawsuit participants by law.

 

 

Please fill in the following blanks related to the case:

Factors form for Disputes on Credit Card

Items

Content

I. Holders profile:

Name:

 

Gender:

 

Date of birth:

 

Registered residence:

 

II. Appeal overview:

(Filled by the plaintiff)

Credit card number:

 

Due date of credit card arrears:

 

Amount of credit card arrears (RMB):

 

Value date:

 

Principal (RMB):

 

Interests and related expenses (RMB):

 

Late fees (RMB):

 

Liquidated damages (RMB):

 

III. Details about credit card application:

 

IV. Details about credit card contract:

 

V. Credit card arrears

YesAs of ___, the defendant owes arrears of RMB _____ in total, including principal of RMB ____, interests and related expenses of RMB _____, late fees of RMB ____, and liquidated damages of RMB ____.

 

No

Please recheck the aforesaid content and sign.

Party Concerned (Signature and Seal)

MM/DD/YY

 

 

 (II) Factor-oriented Judgment

Civil Judgment of

Beijing ×× District Peoples Court

(××××)…… M. C. No.……

Plaintiff: ×××,……

Statutory agent/authorized agent/legal representative/principal: ×××, ……

Agent ad litem: ×××, ……

Defendant: ×××, ……

Statutory agent/authorized agent/legal representative/principal: ×××, ……

Agent ad litem: ×××, ……

(Basic information including name or title, etc. of parties in litigation and other litigious participants shall be clearly written above.)

In the trial of a case between the plaintiff ××× and the defendant×××…… (specify the cause of action), the court applied simple procedures according to laws, and publicly opened a court session/ heard the case in a private session for involving …… (specify the causes for trial in camera). The plaintiff ××× and the defendant××× (specify the status in litigation and name or title of the parties in action and other litigious participants) appeared in court to participate in the proceeding. The trial of this case has been closed.

The plaintiff brought litigation claim to the court that: ……

The defendant argued that: ……

After the trial, the court has ascertained the facts as follows:

I. Details Required in Application Form:

[Defendant-name] submits a credit card application form to [plaintiff-name]. It is stated in the application form that [defendant-name] claims to have read and understood the General Contract for [plaintiff-name] Credit Card (Personal) and is willing to abide by the Contract. The General Contract for [plaintiff-Name] Credit Card (Personal) is annexed to the application form.

II. Details Required in General Contract

The following contents are specified in the General Contract for [plaintiff-name] Credit Card (Personal):

III. Credit Card Arrears

As of [due date of credit card arrears], [defendant-name] owes credit card arrears of RMB [amount of credit card arrears] in total to [plaintiff-name], including principal RMB [Principal], interests and related expenses of RMB [interests and related expenses], late fees of RMB [late fees], and liquidated damages of RMB [liquidated damages].

 

The parties have disputes on Items × and × above and agree to other items.

In conclusion, ……. (specify the comments on whether to support the parties in actions litigation claim and claims or not). Pursuant to Article xxx of …… Law of the Peoples Republic of China and provisions of …… (specify the name of legal instrument and its article number), the judgment is made as follows:

……(specify the result of judgment).

If the obligation of monetary payment is not performed within the time limit ruled by the court, the debt interest for the period of delayed performance shall be doubled (leave blank in case of no obligation of monetary payment) pursuant to Article 253 of the Civil Procedure Law of the Peoples Republic of China.

The court acceptance fee of RMB ……shall be borne by…… (specify the name or title of the parties in litigation, and the amount borne).

If either party has objections to the judgment, he/she may submit a written appeal to the court within fifteen (15) days after serving of the judgement instruments, and appeal to ×××× peoples court with copies corresponding to the number of adverse litigants.

Judge ×××

March 5, 2017

                  Clerk ×××

 

 

 

 

 

 

 

Annex IV. Disputes on Financial Loan Contract

 

(I) Factors Form

 

 

Factors Form for Case about Dispute on Financial Loan Contract

Important Notices

1. This form is released to help you better join the lawsuit and to protect your lawful rights.

2. All the contents listed below are necessary for the judge to find out the facts of the case. Please read carefully and fill in the blanks truthfully.

3. As this form is designed for general cases of disputes on financial loan contract, some of the items might be irrelevant to your case. You may fill N/Ain the blanks you think of as irrelevant to the case or leave them alone. If some items are missing in the form, you may write it down separately in the form.

4. The contents you fill in this form are significant for your statement to the court. The court will deliver the copy of the form you fill to other lawsuit participants by law.

Please fill in the following blanks related to the case:

Factors Form for Dispute on Financial Loan Contract

Items

Content

I. Borrowers profile:

Name:

 

Gender:

 

Date of birth:

 

Nationality:

 

Address:

 

ID No.:

 

I. Co-borrowers profile:

Name:

 

Gender:

 

Date of birth:

 

Nationality:

 

Address:

 

ID No.:

 

III. Appeal overview:

(Filled by the plaintiff)

Date of loan application:

 

Date of repayment in advance:

 

Principal overdue:

 

Premature principal:

 

Interests:

 

Default interests:

 

Liquidated damages:

 

Call letter expenses:

 

Value date of default interests:

 

Value date of repayment overdue:

 

Loan principal repayable:

 

IV. Overview of loan in the contract:

Date of filling in loan application form:

 

Date of signing:

 

Name of distributor:

 

Goods purchased:

 

Price of invoice:

 

Down payment:

 

Amount of loan:

 

Length of maturity:

 

Payables in each installment:

 

Basic monthly interest rate:

 

Preferential monthly interest rate:

 

Other significant provisions in the contract:

 

V. Mortgage overview:

No

 

Yes

Mortgagor:

 

Entitlement Certificate No.:

VI. Performance:

Actual time and amount of loan granted

 

Borrowers repayment

 

Borrowers arrears

 

Please recheck the aforesaid content and sign.

Party Concerned (Signature and Seal)

MM/DD/YY

 

 

 

 

 (II) Factor-oriented Judgment

 

Civil Judgment of

Beijing ×× District Peoples Court

(××××)…… M. C. No.……

Plaintiff: ×××,……

Statutory agent/authorized agent/legal representative/principal: ×××, ……

Agent ad litem: ×××, ……

Defendant: ×××, ……

Statutory agent/authorized agent/legal representative/principal: ×××, ……

Agent ad litem: ×××, ……

(Basic information including name or title, etc. of parties in litigation and other litigious participants shall be clearly written above.)

In the trial of a case between the plaintiff ××× and the defendant×××…… (specify the cause of action), the court applied simple procedures according to laws, and publicly opened a court session/ heard the case in a private session for involving …… (specify the causes for trial in camera). The plaintiff ××× and the defendant××× (specify the status in litigation and name or title of the parties in action and other litigious participants) appeared in court to participate in the proceeding. The trial of this case has been closed.

The plaintiff brought litigation claim to the court that:……

The defendant argued that: ……

After the trial, the court has ascertained the facts as follows:

I. Overview of loan in the contract:

On [the date of filling the loan application form], [all defendants- names] filled out the loan application form and applied to the plaintiff [plaintiff- name] for loan, and reserved photocopy of identity card [of two persons OR one person]. On [the date of signing], the plaintiff [plaintiff- name] as the lender, [name of the distributor] as the distributor, the borrower [the borrower- name] and the co-borrower [the co-borrower - name] signed the Loan Contract, and agreed that, the loan should only be used by the borrower to pay the distributor for purchasing [goods purchased] (the price of invoice of RMB [price of invoice], and down payment of RMB [down payment]); the loan amount of RMB [loan amount]; the loan period of [loan period] months shall be calculated from the value date; [payable per installment] of RMB xxx shall be paid per term from the 1st installment to the [loan period] installment; the basic monthly interest rate shall be [basic monthly interest rate]%, and the preferential monthly interest rate (if applicable) shall be [preferential monthly interest rate]%; other content agreed in the contract:

II. Mortgage Overview

[The mortgagor] as the mortgagor, and the mortgagee as the plaintiff [plaintiff- name], signed the Mortgage Contract and the List of Collateral. The plaintiff [plaintiff- name] therewith granted the loan as agreed. [All defendants - names] went through formalities of mortgage registration with the plaintiff [plaintiff- name] as the mortgagee for the goods purchased with loan.

III. Performance:

The plaintiff [plaintiff- name] actually granted the loan amount [actual amount of loan granted] on [time], and [all defendants- names] failed to repay the loan on time from [value date of repayment overdue]. As at [date of repayment in advance], [all defendants- names] owed the principal overdue [principal overdue] Yuan, the principal of maturity acceleration of RMB [premature principal], the interests of RMB [interests] and penalty interests of RMB [default interests].

The parties have disputes on Items × and × above and agree to other items.

In conclusion, ……. (specify the comments on whether to support the parties in actions litigation claim and claims or not). Pursuant to Article xxx of …… Law of the Peoples Republic of China and provisions of …… (specify the name of legal instrument and its article number), the judgment is made as follows:

……(specify the result of judgment).

If the obligation of monetary payment is not performed within the time limit ruled by the court, the debt interest for the period of delayed performance shall be doubled (leave blank in case of no obligation of monetary payment) pursuant to Article 253 of the Civil Procedure Law of the Peoples Republic of China.

The court acceptance fee of RMB ……shall be borne by…… (specify the name or title of the parties in litigation, and the amount borne).

If either party has objections to the judgment, he/she may submit a written appeal to the court within fifteen days after serving of the judgement instruments, and appeal to ×××× peoples court with copies corresponding to the number of adverse litigants.

 

 

Judge ×××

March 5, 2017

Clerk ×××

 

 

 

 

Annex V. Dispute on Property Service Contract

 

(I) Factors Form

 

Factors Form for Case about Disputes on Property Service Contract

Important Notices

1. This form is released to help you better join the lawsuit and to protect your lawful rights.

2. All the contents listed below are necessary for the judge to find out the facts of the case. Please read carefully and fill in the blanks truthfully.

3. As this form is designed for general cases of disputes on property service contract, some of the items might be irrelevant to your case. You may fill N/Ain the blanks you think of as irrelevant to the case or leave them alone. If some items are missing in the form, you may write it down separately in the form.

4. The contents you fill in this form are significant for your statement to the court. The court will deliver the copy of the form you fill to other lawsuit participants by law.

Please fill in the following blanks related to the case:

1. The house involved in the case is located at: ____

2. The defendant is not , is the house owner who purchased the house involved in the case on MM/DD/YY, and the house is located at     residential quarter.

3. The plaintiff provided the property service for the aforesaid residential quarter between MM/DD/YY and MM/DD/YY; and the plaintiff charged the property management fee from the defendant for the basis of: ___________________.

4. Whether the plaintiff (the property management company) signed the property management service agreement with the defendant or not: No □, Yes □; date of signing: MM/DD/YY, period of providing property management service: From MM/DD/YY to MM/DD/YY, standard of property management fee: RMB    Yuan/m2, and payment method: System of turning over to higher authorities , system of handing over to lower authorities.

5. Whether the plaintiff signed the pre-completion property management contract with the unit for development and construction of the residential quarter or not: No □, Yes □; date of signing: MM/DD/YY, period of providing property management service: From MM/DD/YY to MM/DD/YY, standard of property management fee: RMB    Yuan/m2, and payment method: System of turning over to higher authorities , system of handing over to lower authorities

6. The plaintiff sued for the defendants payment of property management fee for the period from MM/DD/YY to MM/DD/YY; whether the defendant paid the property management fee for the period before the deadline, Yes , No ; whether the plaintiff reasserted the property management fee or not, Yes , No .

7. The plaintiff asked the defendant in writing for payment of property management fee by the way of              

8. Reasons of counterplea and the corresponding name of evidence for the defendants non-payment of property management fee.

(1)____________________________

(2)____________________________

(3)____________________________

9. The plaintiff claiming for the liquidated damage (overdue fine) is based on       

10. Other matters to be explained ______________________.

Please recheck the aforesaid content and sign.

Party Concerned (Signature and Seal)

MM/DD/YY

 

 

 

 

 

(II) Factor-oriented Judgment

 

Civil Judgment of

Beijing ×× District Peoples Court

(××××)…… M. C. No.……

Plaintiff: xxx, male/female, born on MM/DD/YY, nationality: …… (employer, position or occupation), address:

Statutory agent/authorized agent/legal representative/principal: ×××, ……

Agent ad litem: ×××, ……

Defendant: ×××, ……

Statutory agent/authorized agent/legal representative/principal: ×××, ……

Agent ad litem: ×××, ……

(Basic information including name or title, etc. of parties in litigation and other litigious participants shall be clearly written above.)

In the trial of a case between the plaintiff ××× and the defendant×××…… (specify the cause of action), the court applied simple procedures according to laws, and publicly opened a court session/ heard the case in a private session for involving …… (specify the causes for trial in camera). The plaintiff ××× and the defendant××× (specify the status in litigation and name or title of the parties in action and other litigious participants) appeared in court to participate in the proceeding. The trial of this case has been closed.

The plaintiff brought litigation claim to the court that: ……

The defendant argued that: ……

After the trial, the court has ascertained the facts as follows:

I. The house involved in the case is located at: ____

II. The defendant is the house owner who purchased the house involved in the case on MM/DD/YY, and the house is located at     residential quarter.

III. The plaintiff provided the property service for the aforesaid residential quarter between MM/DD/YY and MM/DD/YY; and the plaintiff charged the property management fee from the defendant for the basis of: ___________________.

IV. Whether the plaintiff (the property management company) signed the property management service agreement with the defendant or not: No □, Yes □; date of signing: MM/DD/YY, period of providing property management service: From MM/DD/YY to MM/DD/YY, standard of property management fee: RMB    Yuan/m2, and payment method: System of turning over to higher authorities , system of handing over to lower authorities

V. Whether the plaintiff signed the pre-completion property management contract with the unit for development and construction of the residential quarter or not: No □, Yes □; date of signing: MM/DD/YY, period of providing property management service: From MM/DD/YY to MM/DD/YY, standard of property management fee: RMB    Yuan/m2, and payment method: System of turning over to higher authorities , system of handing over to lower authorities

VI. The plaintiff sued for the defendants payment of property management fee for the period from MM/DD/YY to MM/DD/YY; whether the defendant paid the property management fee for the period before the deadline, Yes , No ; whether the plaintiff reasserted the property management fee or not Yes , No .

VII. The plaintiff asked the defendant in writing for payment of property management fee by the way of       

VIII. Reasons of counterplea and the corresponding name of evidence for the defendants non-payment of property management fee

(1)____________________________

(2)____________________________

(3)____________________________

IX. The plaintiff claiming for the liquidated damage (overdue fine) is based on

X. The defendant owes the plaintiff the property fee in a total of RMB____ for the period from MM/DD/YY to MM/DD/YY, and has not yet paid.

The parties have disputes on Items × and × above and agree to other items.

In conclusion, ……. (specify the comments on whether to support the parties in actions litigation claim and claims or not). Pursuant to Article xxx of …… Law of the Peoples Republic of China and provisions of …… (specify the name of legal instrument and its article number), the judgment is made as follows:

……(specify the result of judgment).

If the obligation of monetary payment is not performed within the time limit ruled by the court, the debt interest for the period of delayed performance shall be doubled (leave blank in case of no obligation of monetary payment) pursuant to Article 253 of the Civil Procedure Law of the Peoples Republic of China.

The court acceptance fee of RMB ……shall be borne by…… (specify the name or title of the parties in litigation, and the amount borne).

If either party has objections to the judgment, he/she may submit a written appeal to the court within fifteen days after serving of the judgement instruments, and appeal to ×××× peoples court with copies corresponding to the number of adverse litigants.

Judge ×××

March 5, 2017

Clerk ×××

 

 

 

 

Annex VI. Disputes on Liability for Motor Vehicle Traffic Accident

 

 

(I) Factors Form

 

 

Factors Form for Case about Disputes on Liability for Motor Vehicle Traffic Accident

Important Notices

1. This form is released to help you better join the lawsuit and to protect your lawful rights.

2. All the contents listed below are necessary for the judge to find out the facts of the case. Please read carefully and fill in the blanks truthfully.

3. As this form is designed for general cases of disputes on traffic accidents, some of the items might be irrelevant to your case. You may fill N/Ain the blanks you think of as irrelevant to the case or leave them alone. If some items are missing in the form, you may write it down separately in the form.

4. The contents you fill in this form are significant for your statement to the court. The court will deliver the copy of the form you fill to other lawsuit participants by law.

 

Please fill in the following blanks related to the case:

Factors Form for Motor Vehicle Traffic Accident

Items

Content

I. Overview of accident

(Fill in according to Traffic Accident Determination Letter)

 

 

 

II. Responsibility result determined by Traffic Police Department

(Fill in according to Traffic Accident Determination Letter)

 

 

 

III. Victims profile

Age

Occupation

Household registration type

 

IV. Overview of Other Claimants

No

Yes, Age    Occupation

Household registration type

V. Relationship between other claimants and victims

No

Yes, details:

VI. Composition and amount of property losses

 

No

Yes, details:

VII. Medical fee (including follow-up treatment fee)

 

No

Yes, specify amount:

VIII. Nursing fee:

 

No

Yes, specify amount:

IX. Charge for loss of working time:

 

No

Yes, specify amount:

X. Transportation fee:

 

No

Yes, specify amount:

XI. Lodging fee;

 

No

Yes, specify amount:

XII. Subsidies for hospital meals

 

No

Yes, specify amount:

XIII. Nutrition fee:

 

No

Yes, specify amount:

XIV. Disability compensation (including the alimony of the dependent)

No

Yes, specify amount:

XV. Death compensation (including the alimony of the dependent)

No

Yes, specify amount:

XVI. Funeral expense

 

No

Yes, specify amount:

XVII. Compensation for mental suffering

 

No

Yes, specify amount:

XVIII. Compensation of the victim

 

 

No

Yes, specify amount:

XIX. Subject of insurance contract (compulsory insurance for vehicle traffic accident liability)

No

Yes, specify name:

XX. Main content of the insurance (compulsory insurance for vehicle traffic accident liability): (such as: duration of insurance and insurance liability start time)

No

Yes, details:

 

 

 

XXI. Subject of insurance contract (liability insurance of the third party)

No

Yes, specify name:

XXII. Main content of insurance contract (liability insurance of the third party): (such as: insurance subject, duration of insurance, insurance liability start time, insurance liability, liability-free condition insurance amount, etc.)

No

Yes, details:

 

 

 

XXIII. Other necessary information:

 

Please recheck the aforesaid content and sign.

Party Concerned (Signature and Seal)       

MM/DD/YY

 

 

 

 

(II) Factor-oriented Judgment

 

Civil Judgment of

Beijing ×× District Peoples Court

(××××)…… M. C. No.……

Plaintiff: xxx, male/female, born on MM/DD/YY, nationality: …… (employer, position or occupation), address:

Statutory agent/authorized agent/legal representative/principal: ×××, ……

Agent ad litem: ×××, ……

Defendant: ×××, ……

Statutory agent/authorized agent/legal representative/principal: ×××, ……

Agent ad litem: ×××, ……

(Basic information including name or title, etc. of parties in litigation and other litigious participants shall be clearly written above.)

In the trial of a case between the plaintiff ××× and the defendant×××…… (specify the cause of action), the court applied simple procedures according to laws, and publicly opened a court session/ heard the case in a private session for involving …… (specify the causes for trial in camera). The plaintiff ××× and the defendant××× (specify the status in litigation and name or title of the parties in action and other litigious participants) appeared in court to participate in the proceeding. The trial of this case has been closed.

The plaintiff brought litigation claim to the court that: ……

The defendant argued that: ……

After the trial, the court has ascertained the facts as follows:

I. Overview of accident:

II. Responsibility result determined by Traffic Police Department:

III. Victims profile: age, occupation and household registration type

IV. Overview of other claimants: age, occupation and household registration type

V. Relationship between other claimants and victim

VI. Composition of property losses:

VII. Medical fee (including follow-up treatment fee):

VIII. Nursing fee:

IX. Charge for loss of working time:

X. Transportation fee:

XI. Lodging fee:

XII. Subsidies for hospital meals:

XIII. Nutrition fee:

XIV. Disability compensation (including the alimony of the dependent):

XV. Death compensation (including the alimony of the dependent):

XVI. Funeral expense:

XVII. Compensation for mental suffering:

XVIII. Compensation of the victim:

XIX. Subject of insurance contract (compulsory insurance for vehicle traffic accident liability):

XX. Main contents of insurance contract (compulsory insurance for vehicle traffic accident liability):

XXI. Subject of insurance contract (liability insurance of the third party):

XXII. Main content of insurance contract (liability insurance of the third party): (such as: insurance subject, duration of insurance, insurance liability start time, insurance liability, liability-free condition insurance amount, etc.);

XXIII. Other necessary information:

The parties have disputes on Items × and × above and agree to other items.

In conclusion, ……. (specify the comments on whether to support the parties in actions litigation claim and claims or not). Pursuant to Article xxx of …… Law of the Peoples Republic of China and provisions of …… (specify the name of legal instrument and its article number), the judgment is made as follows:

……(specify the result of judgment).

If the obligation of monetary payment is not performed within the time limit ruled by the court, the debt interest for the period of delayed performance shall be doubled (leave blank in case of no obligation of monetary payment) pursuant to Article 253 of the Civil Procedure Law of the Peoples Republic of China.

The court acceptance fee of RMB ……shall be borne by…… (specify the name or title of the parties in litigation, and the amount borne).

If either party has objections to the judgment, he/she may submit a written appeal to the court within fifteen days after serving of the judgement instruments, and appeal to ×××× peoples court with copies corresponding to the number of adverse litigants.

Judge ×××

March 5, 2017

Clerk ×××

 

 

 

 

 

 

 

 

 

Annex VII. Inheritance Cases

 

 

(I) Factors Form

 

 

Factors Form for Inheritance Cases

Important Notices

1. This form is released to help you better join the lawsuit and to protect your lawful rights.

2. All the contents listed below are necessary for the judge to find out the facts of the case. Please read carefully and fill in the blanks truthfully.

3. As this form is designed for general cases of disputes on inheritance cases, some of the items might be irrelevant to your case. You may fill N/Ain the blanks you think of as irrelevant to the case or leave them alone. If some items are missing in the form, you may write it down separately in the form.

4. The contents you fill in this form are significant for your statement to the court. The court will deliver the copy of the form you fill to other lawsuit participants by law.

 

Please fill in the following blanks related to the case:

I. Basic Information of the Decedent and the Successor

1. The decedent was born on MM/DD/YY, and died on MM/DD/YY; got married to ___ on MM/DD/YY, with children named _____, ____, and _____.

Whether the decedent is divorced or remarried: No, Yes divorced ____ on MM/DD/YY, and remarried to _____ on MM/DD/YY.

2. Whether the decedents father is still alive: Yes, Nodied on MM/DD/YY, Whether the decedent's mother is still alive: Yes, Nodied on MM/DD/YY.

3. The legal successors of the decedent are ____, ____ and _____.

II. Scope of Heritage of the Decedent

1. Estate: No, Yes_____.

2. Company: No, Yes_____.

3. Vehicles: No, Yes_____.

4. Equity: No, Yes_____.

5. Deposit: No, Yes_____.

6. Others: No, Yes_____.

III. Credit and Debt of the Decedent before Death:

No

Yes 1.________________.

2.________________.

 

IV. Existence of Will and Legacy of the Decedent:

No

Yes 1.________________.

2.________________.

V. Situation of Incapacity of the Legal Successor Requiring More Legacy:

No

Yes 1.________________.

2.________________.

VI. Other matters to be explained ______________________.

 

Please recheck the aforesaid content and sign.

Party Concerned (Signature and Seal):

MM/DD/YY

 

 

 

 

 

 

(II) Factor-oriented Judgment

 

Civil Judgment of

Beijing ×× District Peoples Court

(××××)…… M. C. No.……

Plaintiff: xxx, male/female, born on MM/DD/YY, nationality: …… (employer, position or occupation), address:

Statutory agent/authorized agent/legal representative/principal: ×××, ……

Agent ad litem: ×××, ……

Defendant: ×××, ……

Statutory agent/authorized agent/legal representative/principal: ×××, ……

Agent ad litem: ×××, ……

(Basic information including name or title, etc. of parties in litigation and other litigious participants shall be clearly written above.)

In the trial of a case between the plaintiff ××× and the defendant×××…… (specify the cause of action), the court applied simple procedures according to laws, and publicly opened a court session/ heard the case in a private session for involving …… (specify the causes for trial in camera). The plaintiff ××× and the defendant××× (specify the status in litigation and name or title of the parties in action and other litigious participants) appeared in court to participate in the proceeding. The trial of this case has been closed.

The plaintiff brought litigation claim to the court that: ……

The defendant argued that: ……

After the trial, the court has ascertained the facts as follows:

I. Basic Information of the Decedent and the Successor

1. The decedent was born on MM/DD/YY, and died on MM/DD/YY; got married to ___ on MM/DD/YY, with children named _____, ____, and _____.

Whether the decedent is divorced or remarried: No, Yes divorced ____ on MM/DD/YY, and remarried to _____ on MM/DD/YY.

2. Whether the decedents father is still alive: Yes, Nodied on MM/DD/YY, Whether the decedent's mother is still alive: Yes, Nodied on MM/DD/YY.

3. The legal successors of the Decedent are ____, ____ and _____.

II. Scope of Heritage of the Decedent

1. Estate: No, Yes________________.

2. Company: No, Yes________________.

3. Vehicles: No, Yes________________.

4. Equity: No, Yes________________.

5. Deposit: No, Yes________________.

6. Others: ________________.

III. Credit and Debt of the Decedent before Death:

No

Yes 1.________________.

2.________________.

IV. Existence of Will and Legacy of the Decedent:

No

Yes 1.________________.

2.________________.

V. Situation of Incapacity of the Legal Successor Requiring More Legacy:

No

Yes 1.________________.

2.________________.

VI. Other matters to be explained ______________________.

 

The parties have disputes on Items × and × above and agree to other items.

In conclusion, ……. (specify the comments on whether to support the parties in actions litigation claim and claims or not). Pursuant to Article xxx of …… Law of the Peoples Republic of China and provisions of …… (specify the name of legal instrument and its article number), the judgment is made as follows:

……(specify the result of judgment).

If the obligation of monetary payment is not performed within the time limit ruled by the court, the debt interest for the period of delayed performance shall be doubled (leave blank in case of no obligation of monetary payment) pursuant to Article 253 of the Civil Procedure Law of the Peoples Republic of China.

The court acceptance fee of RMB ……shall be borne by…… (specify the name or title of the parties in litigation, and the amount borne).

If either party has objections to the judgment, he/she may submit a written appeal to the court within fifteen days after serving of the judgement instruments, and appeal to ×××× peoples court with copies corresponding to the number of adverse litigants.

Judge ×××

 

 

March 5, 2017

 

 

Clerk ×××

 

 

 

 

 

Annex VIII. Divorce Disputes

 

(I) Factors Form

 

Factors Form for Case about Divorce Disputes

Important Notices

1. This form is released to help you better join the lawsuit and to protect your lawful rights.

2. All the contents listed below are necessary for the judge to find out the facts of the case. Please read carefully and fill in the blanks truthfully.

3. As this form is designed for general cases of divorce disputes, some of the items might be irrelevant to your case. You may fill N/Ain the blanks you think of as irrelevant to the case or leave them alone. If some items are missing in the form, you may write it down separately in the form.

4. The contents you fill in this form are significant for your statement to the court. The court will deliver the copy of the form you fill to other lawsuit participants by law.

 

Please fill in the following blanks related to the case:

I. Date of Marriage and Children Born:

The plaintiff ____ and the defendant _____ registered their marriage on MM/DD/YY and after marriage, they have no children , have children_____.

II. The plaintiff sued for divorce for the ____ time; whether the defendant agrees to divorce: No, Yes.

III. Whether there is prenuptial property agreement: No, Yes_______.

Whether there is marital property agreement: No, Yes_______.

IV. Whether it is a military marriage: No, Yesthe soldier ______ on divorce (fill with "agree" or "disagree")

V.  Whether the wife is in pregnant period: No, Yes____________.

VI. Whether there is one of the following cases that cause divorce to be granted:

1. Commits bigamy or cohabits with another person of the opposite sex:

No, Yes_______.

2. Indulges in family violence or maltreats or abandons family members

No, Yes_______.

3. Indulges in the gambling, drug taking, etc. and refuses to reform after repeated persuasion:

No, Yes_______.

4. Both parties have separated from each other for two full years for lack of mutual affection:

No, Yes_______.

5. Other cases which lead to the shattering of affection between husband and wife:________.

VII. The property that belongs to either party:

1. Prenuptial property

No, Yes_______.

2. Whether there are payments for medical expenses received by one party who suffers physical injury, subsidies for living expenses granted to the disabled subsidies, etc.;

No, Yes_______.

(3) Whether there is property to be in the possession of one party as determined by will or by an agreement on gift;

No, Yes_______.

(4) Whether there are articles for daily use specially used by one party; and

No, Yes_______.

(5) Other necessary facts: ___________.

VIII. Common Property:

1. Estate: No, Yesacquired on MM/DD/YY located in _______ (Number of Property Ownership Certificate ______), value of the house and the mortgage after marriage: ____________.

2. Cash or savings in the bank account: No, YesRMB__________.

3. Equity and fund balance: No, Yesthe equity and fund balance of RMB______ in the account ______ opened in _______ Security Company.

4. Vehicles: No, Yesacquired on MM/DD/YY with the license plate number of   _____________.

5. Insurance: No, Yesacquired from ______ Insurance Company with the type of _________:_________.

6. Corporate stock and property: No, Yes ___________.

7. Return on investment from the personal property: No, Yes ___________.

8. Housing allowance and housing provident fund: No, Yes ___________.

9. Material object: No, Yes ___________.

10. Others: ________________.

 

IX. Liabilities assumed by either party: _________.

X. Liabilities assumed by both parties: _______.

XI. The conditions affecting the ownership of the rights to bring up the children: _________.

XII. The conditions affecting the costs of upbringing:__________.

XIII. The fault in marriage and the divorce damage compensation: ________.

XIV. Whether there is a need for financial assistance: ________.

Please recheck the aforesaid content and sign.

Party Concerned (Signature and Seal):

MM/DD/YY

 

 

 

 

 

(II) Factor-oriented Judgment

 

Civil Judgment of

Beijing ×× District Peoples Court

(××××)…… M. C. No.……

Plaintiff: xxx, male/female, born on MM/DD/YY, nationality: …… (employer, position or occupation), address:

Statutory agent/authorized agent/legal representative/principal: ×××, ……

Agent ad litem: ×××, ……

Defendant: ×××, ……

Statutory agent/authorized agent/legal representative/principal: ×××, ……

Agent ad litem: ×××, ……

(Basic information including name or title, etc. of parties in litigation and other litigious participants shall be clearly written above.)

In the trial of a case between the plaintiff ××× and the defendant×××…… (specify the cause of action), the court applied simple procedures according to laws, and publicly opened a court session/ heard the case in a private session for involving …… (specify the causes for trial in camera). The plaintiff ××× and the defendant××× (specify the status in litigation and name or title of the parties in action and other litigious participants) appeared in court to participate in the proceeding. The trial of this case has been closed.

The plaintiff brought litigation claim to the court that: ……

The defendant argued that: ……

After the trial, the court has ascertained the facts as follows:

I. Date of Marriage and Children Born:

The plaintiff ____ and the defendant _____ registered their marriage on MM/DD/YY and after marriage, they have no children , have children_____.

II. The plaintiff sued for divorce for the ____ time; whether the defendant agrees to divorce: No, Yes.

III. Whether there is prenuptial property agreement: No, Yes_______.

Whether there is marital property agreement: No, Yes_______.

IV. Whether it is a military marriage: No, Yesthe  soldier ______ on divorce (fill with "agree" or "disagree")

V.  Whether the wife is in pregnant period: No, Yes____________.

VI. Whether there is one of the following cases that causes divorce to be granted:

1. Commits bigamy or cohabits with another person of the opposite sex:

No, Yes_______.

2. Indulges in family violence or maltreats or abandons family members

No, Yes_______.

3. Indulges in the gambling, drug taking, etc. and refuses to reform after repeated persuasion:

No, Yes_______.

4. Both parties have separated from each other for two full years for lack of mutual affection:

No, Yes_______.

5. Other cases which lead to the shattering of affection between husband and wife: ________.

VII. The property that belongs to either party:

1. Prenuptial property

No, Yes_______.

2. Whether there are payments for medical expenses received by one party who suffers physical injury, subsidies for living expenses granted to the disabled subsidies, etc.;

No, Yes_______.

(3) Whether there is property to be in the possession of one party as determined by will or by an agreement on gift;

No, Yes_______.

(4) Whether there are articles for daily use specially used by one party; and

No, Yes_______.

(5) Other necessary facts: ___________.

VIII. Common Property:

1. Estate: No, Yesacquired on MM/DD/YY located in _______ (Number of Property Ownership Certificate ______), value of the house and the mortgage after marriage: ____________.

2. Cash or savings in the bank account: No, YesRMB__________.

3. Equity and fund balance: No, Yesthe equity and fund balance of RMB______ in the account ______ opened in _______ Security Company.

4. Vehicles: No, Yesacquired on MM/DD/YY with the license plate number of ______: _____________.

5. Insurance: No, Yesacquired from ______ Insurance Company with the type of _________:_________.

6. Corporate stock and property: No, Yes ___________.

7. Return on investment from the personal property: No, Yes ___________.

8. Housing allowance and housing provident fund: No, Yes ___________.

9. Material object: No, Yes ___________.

10. Others: ________________.

 

IX. Liabilities assumed by either party: _________.

X. Liabilities assumed by both parties: _______.

XI. The conditions affecting the ownership of the rights to bring up the children: _________.

XII. The conditions affecting the costs of upbringing: __________.

XIII. The fault in marriage and the divorce damage compensation: ________.

XIV. Whether there is a need for financial assistance: ________.

The parties have dispute on Items × and × above and agree to other items.

In conclusion, ……. (specify the comments on whether to support the parties in actions litigation claim and claims or not). Pursuant to Article xxx of …… Law of the Peoples Republic of China and provisions of …… (specify the name of legal instrument and its article number), the judgment is made as follows:

……(specify the result of judgment).

If the obligation of monetary payment is not performed within the time limit ruled by the court, the debt interest for the period of delayed performance shall be doubled (leave blank in case of no obligation of monetary payment) pursuant to Article 253 of the Civil Procedure Law of the Peoples Republic of China.

The court acceptance fee of RMB ……shall be borne by…… (specify the name or title of the parties in litigation, and the amount borne).

If either party has objections to the judgment, he/she may submit a written appeal to the court within fifteen days after serving of the judgement instruments, and appeal to ×××× peoples court with copies corresponding to the number of adverse litigants.

Judge ×××

 

March 5, 2017

 

         Clerk ×××

 

责任编辑:梅玉兰