Supreme People’s Court issued the new Notice by the Supreme People's Court of Issuing the Principles of Q&A on the Pilot Program of the Reform of Separation between Complicated Cases and Simple Ones in Civil Procedure (Ⅱ) based on the common situations arising from the pilot exercises in the previous phase. Main points are listed as follows:
- List management of specially-invited mediators
Mediators which are in the specially-invited mediation list shall be with good behavior, plenty of mediation experiences and compliant professional ability. People’s courts need to form a new verification mechanism to determine the qualification requirements.
- Pre-trial mediation
The legal effect of pre-trial mediation may extend to the stage of litigation when the litigant is duly informed relative rights and legal consequences and sign the confirmation in the stage of pre-trial mediation, and the confirmation letter of delivery address, the indictment and the copy of evidence are all legit after examination by the people's court.
- Judicial confirmation
The jurisdiction principle for applying judicial confirmation is “Who assigns the case shall confirm”, it cannot be freely agreed by the litigants.
- Small claim procedure
Small claim procedure may still be available to apply when the object of action is less than RMB 100,000 Yuan, the facts of the case are certain, the rights and obligations are clear, the dispute is small, and both parties agree on the small claim procedure.
Default judgment cannot be applied during small claim procedure when the litigant is missing and service by publication would be needed, litigant opinion is unable to obtain or there is no legit and effective delivery of judicial instrument.
Duration of defence and duration of proof are available to merge together for counting.
- Case with sole judge
Sole judge can legally handle property preservation case as pre-litigation preservation, pre-admission preservation and arbitration assistance preservation. And the litigant is able to file objection before that sole judge starts the court with ordinary procedure.
If you want to read the complete article, you can refer to the below link (in Chinese only): http://www1.shanghaiinvest.com/cn/viewfile.php?id=15426
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Mr. Mike Chang (Partner)
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