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Regulations of the Supreme People’s Court on Issues concerning Disclosure of Trial Procedure Information by the People’s Courts on Line
Interpretation No. 7 [2018] of the Supreme People's Court
  发布时间:2018-05-07 11:03:38 打印 字号: | |
  The Regulations of the Supreme People’s Court on Issues concerning Disclosure of Trial Procedure Information by the People’s Courts on Line, which were adopted at the 1733th Session of the Judicial Committee of the Supreme People’s Court on February 12, 2018, are hereby promulgated and shall take effect as of September 1, 2018.

               The Supreme People’s Court

                     March 4, 2018

    Regulations of the Supreme People’s Court on Issues concerning Disclosure of Trial Procedure Information by the People’s Courts on Line

  (Adopted at the 1733th Session of the Judicial Committee of the Supreme People’s Court on February 12, 2018, and effective as of September 1, 2018)

  To implement open trial principle, safeguard the right of the parties involved to know the activities associated with the trial, standardize the publicizing of trial information by the people’s courts on line, promote judicial fairness and enhance judicial credibility, the Regulations are hereby formulated in accordance with Criminal Procedure Law of the People’s Republic China, Civil Procedure Law of the People’s Republic of China, Administrative Procedure Law of the People’s Republic of China, State Compensation Law of the People’s Republic of China, etc., by combination with the actual work situation of the people’s courts. 

  Article 1 The people’s courts shall disclose the trial procedure information about criminal, civil, administrative and state compensation cases to the parties involved in lawsuit, their statutory agents, agents ad litem and defenders on line. 

  The people’s courts may disclose trial procedure information of cases with significant social influence to the public on line or by other means. 

  Article 2 The people’s courts shall disclose procedure information associated with trial on line in a legal, standardized and timely manner to make convenient for the public. 

  Article 3 China Judicial Process Information Online is the unified platform for the people’s courts to disclose trial procedure information. The people’s courts at all levels shall provide link to China Judicial Process Information Online on its own website and open judicial platform. 

  The people’s courts may proactively push trial procedure information about cases or provide inquiry services to the parties involved in lawsuit, their statutory agents, agents ad litem and defenders by telephone, lawsuit service platform, telephone-voice system, email and other supporting media if possible. 

  Article 4 The people’s courts shall inform the parties involved in lawsuit, their statutory agents, agents ad litem and defenders of method and notes about obtaining trial procedure information in case acceptance notice,notice of responding to action, notice of participating lawsuit and notice of appearance. 

  Article 5 ID card number, lawyer practicing certificate number, organization code and unified social credit code are the authentication basis for the parties involved in lawsuit, their statutory agents, agents ad litem and defenders to obtain trial procedure information. 

  The parties involved in lawsuit, their statutory agents, agents ad litem and defenders shall cooperate with the people’s courts accepting the cases to collect and check identity information and shall reserve the effective telephone number. 

  Article 6 Where the people’s courts inform the parties involved of responding to action and participating the action and allow the parties involved to participate the actions or deliver the notices to the parties involved through announcement, then after collecting and checking the identy information of the parties involved, the people’s courts shall disclose trial procedure informaiton as stipulated herein. 

  The people’s courts will no longer disclose the trial procedure information to the parties involved in lawsuit, their statutory agents, agents ad litem and defenders in case that the parties involved quit the lawsuit which has been confirmed by the people’s courts. 

  In case that the statutory agents, agents ad litem and defenders participate the lawsuit or change, then the preceding two articles shall be referred to for disposal. 

  Article 7 The people’s courts shall disclose the following procedural information to the parties involved in lawsuit, their statutory agents, agents ad litem and defenders on line. 

  (I) Information about cases acceptance, filing and settlement;

  (II) Information about procuratorial organ, criminal punishments execution organ and the parties involved;

  (III)Information about judicial organization;

  (IV) Information about trial procedures, trial period, service, appeal, protesting, transfer, etc.

  (V) Date and place of litigious activities such as court trial, cross-examination, evidence exchange, pretrial conference, inquiry, sentence, etc.

  (VI) Information about disclosure of judgment document in China Judgments Online;

  (VII) Other procedural information that shall be disclosed as stipulated by laws and judicial interpretation or that the people’s courts consider necessary to disclose. 

  Article 8 The people’s courts shall disclose the procedure information about withdrawal,dispute governing, preservation, advanced execution, assessment and authentication, etc. to the parties involved in lawsuit, their statutory agents, agents ad litem and defenders on line. 

  Where disclosure of procedure information about preservation, advanced execution, etc. might influence case disposal, then those procedure information may be disclosed after the case disposal. 

  Article 9 The people’s courts shall disclose the following litigation document to the parties involved in lawsuit, their statutory agents, agents ad litem and defenders on line after service. 

  (I) Litigation documents, such as indictment form, petition for appeal, petition, appeal form, national compensation application form, and pleadings;

  (II) Litigation documents, such as case acceptance notice, notice of responding to action, notice of participating lawsuit, notice of appearance, notice of members of collegiate panel, summons, etc.

  (III) Written judgment, written verdict, written decision, mediation document as well as judgment documents about suspension or termination of lawsuit, or that significantly influence the substantive right and procedural rights of the parties involved;

  (IV) Other litigation documents that shall be disclosed as stipulated by laws and judicial interpretation or that the people’s courts consider necessary to disclose. 

  Article 10 The people’s courts shall disclose the contents of records about litigious activities, such as court trial,cross-examination,evidence exchange,pretrial conference,inquiry, sentence to the parties involved in lawsuit, their statutory agents, agents ad litem and defenders on line. 

  Article 11 Where the parties involved in lawsuit, their statutory agents, agents ad litem and defenders apply for consulting video and audio recording and electronic portfolio about court trial, the people’s courts may make it available on China Judicial Process Information Online or on other lawsuit service platforms and set neccessary safety protection measures. 

  Article 12 The people’s courts shall not disclose trial procedure information that involve state secrets and that shall be kept confidential or restricted as stipulated by laws and judicial interpretation to the parties involved in lawsuit, their statutory agents, agents ad litem and defenders on line. 

  Article 13 In case of any inconsistency between the disclosed trial procedure information and the actual situation, the actual situation shall prevail; and the people’s courts accepting the case shall make correction in a timely manner. 

  Where the disclosed trial procedure information meets the conditions mentioned in Article 12, the people’s courts accepting the case shall withdraw the information in a timely manner. 

  Article 14 Upon written consent by the addressee, the people’s courts may electronically deliver litigation documents rather than written judgment, written verdict, mediation document through China Judicial Process Information Online to the parties involved, statutory agent, agent ad litem. 

  In case of service by means mentioned in the preceding article, the people’s courts shall collect and check identity information of the addressee and open exclusive instant messaging system for the addressee in accordance with Article 5 of the Regulations. The date that the litigation documents reach the system shall be deemed as the date of service; and the system will automatically record and generate proof of service which shall be filed in electronic portfolio. 

  Litigation documents that have been serviced but require correction shall be re-serviced. 

  Article 15 The Supreme People’s Court shall supervise and provide guidance on the disclosure of trial procedure information of all courts in China. Superior people’s courts and intermediate people’s courts shall supervise and provide guidance on the disclosure of trial procedure information of all district courts. 

  Trial management offices or other organs undertaking the trial management in the people’s courts at all levels shall be responsible for the disclosure of the trial procedure information of the court and implement the following duties: 

  (I) Organize and supervise the disclosure of trial procedure information;

  (II) Dispose the complaints and suggestions put forward by the parties involved in lawsuit, their statutory agents, agents ad litem and defenders about trial procedure information;

  (III) Guide technical department to conduct technical support and service assurance;

  (IV) Other management tasks

  Article 16 Service specifications and technical standards about disclosure of trial procedure information will be separately formulated by the Supreme People’s Court. 

  Article 17 The Regulations shall be implemented from September 1, 2018. In the event of any discrepancy between judicial interpretations and normative documents previously promulgated by the Supreme People’s Court and these Regulations, the Regulations shall prevail.
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