Sui Zhong Fa [2020] No.102
Notice of Guangzhou Intermediate People's Court on Issuing theRules for the Implementation of the Perfection of the Summary Procedure Rules in Courts in Guangzhou
To all primary courts and all departments of this Court,
To implement theDecision of the Standing Committee of the National People's Congress on Authorizing the Supreme People's Court to Carry Out the Pilot Program of the Reform of Separation between Complicated Cases and Simple Ones under Civil Procedure in Some Areas and the Measures for the Implementation of the Pilot Program of the Reform of Separation between Complicated Cases and Simple Ones under Civil Procedureof the Supreme People's Court, further scientifically allocate judicial resources, improve summary procedure rules, promote judicial justice, enhance judicial efficiency and meet the diverse judicial needs of the people, these Rules are formulated in combination with the court trial practice in Guangzhou. These Rules, which were discussed and adopted by the Judicial Committee of this Court on April 7, 2020, and approved by Guangdong Higher People's Court on June 1, 2020, are hereby printed and distributed to you, please implement it carefully. Please promptly report any new situation or new problem encountered during the implementation to the Office of the Leading Group for Pilot Program of the Reform of Civil Litigation System of Guangzhou Intermediate People's Court.
Guangzhou Intermediate People's Court
June 17, 2020
Rules for the Implementation of the Perfection of the Summary Procedure Rules in Courts in Guangzhou
To actively and steadily drive the pilot work on the reform of the separation of complicated and simple cases in civil proceedings, improve summary procedure rules, further scientifically allocate judicial resources, promote judicial justice, enhance judicial efficiency and meet the diverse judicial needs of the people, these Rules are formulated in accordance with theDecision of the Standing Committee of the National People's Congress on Authorizing the Supreme People's Court to Carry Out the Pilot Program of the Reform of Separation between Complicated Cases and Simple Ones under Civil Procedure in Some Areas and the Measures for the Implementation of the Pilot Program of the Reform of Separation between Complicated Cases and Simple Ones under Civil Procedureof the Supreme People's Court, in combination with the court trial practice.
1. Perfecting the application of summary procedure is an important means to deepen the separation of complicated and simple cases and optimize the allocation of judicial resources. Primary courts should strictly follow the requirements of the reform pilot, reasonably expand the scope of application of summary procedures, and realize the unity of improving the quality and efficiency of trials and ensuring the rights of the parties.
2. Civil and commercial cases which are accepted by a primary court and of which subject matter is less than RMB 3 million should apply summary procedure when they are accepted, other than the following cases:
(1)Cases to which the small claim procedure is applied;
(2)Cases involving the national and public interests;
(3)Cases involving group disputes that may affect social stability, or cases that have greater social impact and easy to attract wide attention of the people;
(4)New-type or difficult and complicated cases;
(5)Cases which could conflict with the effective judgment in assorted case records in this Court or a higher court;
(6)Cases which are remanded, applied to the trial supervision procedure, or are challenge the judgment by the third party or lawsuit of the execution objection;
(7)Model cases;
(8)The civil lawsuit of environmental pollution for public interests in the first instance which is referred to a primary court;
(9)Cases of representative action;
(10)Cases involving possible false litigation;
(11)Cases which the act of civil litigation is seriously illegal so that it is necessary to decide whether to give a civil sanction and transfer to the investigation organ for case-filing and handling;
(12)Cases involving trade secrets in intellectual property disputes, unfair competition disputes, domain name disputes and franchise contracts;
(13)Other cases that are not suitable for the summary procedure.
3. The cases that should be tried by summary procedure shall not be considered as difficult and complicated cases to which the ordinary procedure is applied due to the petition letter of the parties, or avoid the application of summary procedure to expand the trial period.
4. The following cases, which the facts are clear and not difficult to find out, the relationship between rights and obligations is clear, and the disputed amount is minor, but could not be applied to small claim procedure, shall be tried by summary procedure:
(1)Cases which it is found that an evaluation or appraisal is needed, or there are objections to the pre-litigation appraisal or appraisal result in the proceeding;
(2)Cases which service by public notice is required for which the whereabouts of the parties is unknown;
(3)Cases which need to be transferred to proceedings after a payment order ceases to be in force and meet the requirements for the amount specified in Article 2 of these Rules;
(4)Similar or serial cases with model judgment.
5. Primary courts may, if applicable, establish a trial team specialized in summary procedure, and adopt a model of random division supplemented by designated division. A centralized trial of cases which the summary procedure is applied should be conducted, and the same trial organization should, within the same period, concentrate on scheduling, holding sessions and adjudging.
6. After filing a case, a primary court may summon the parties by telephone, SMS, fax, e-mail, etc.
The service method and service address confirmation shall be subject to theInterim Opinions of Guangzhou Intermediate People's Court on Online Trial of Civil and Commercial Cases and the Several Provisions of Guangzhou Intermediate People's Court on Perfection of the Service Working Mechanism for Improvement of the Quality and Efficiency of Service (for Trial Implementation).
7. If the parties have any objection to the application of summary procedure, they shall, in addition to the reasons known after the opening of court session, submit it before the court session. If the objection is not established, an oral or written decision on rejection shall be made. If a plaintiff, having been served with a summons, refuses to appear in court without justified reasons, or if it withdraws during a court session without the permission of the court, the case may be considered as withdrawn by him. If a defendant, having been served with a summons, refuses to appear in court without justified reasons, or if it withdraws during a court session without permission of the court, the court may make a judgment by default.
8. Where a party appeals against a jurisdictional objection made in a case of summary procedure, the primary court shall, within five (5) business days upon receipt of the appeal, submit necessary materials for the examination of objections, such as a complaint, a written jurisdictional objection, a written ruling, etc., to Guangzhou Intermediate People's Court through an electronic online platform without paper file. Guangzhou Intermediate People's Court shall make a ruling within five (5) business days upon receipt of the electronic materials, and submit an electronic ruling to the primary court through an online platform, which shall be printed by the primary court and served on the parties.
Where one party lodges an appeal against the rejection of complaint or refusal to entertain a case for a case to which the summary procedure is applied, it shall be subject to the preceding paragraph.
9. Where the parties clearly waive the time limit for adducing evidence and the pleading period after the interpretation, the trial may be conducted directly.
Where the parties do not waive the time limit for adducing evidence and the pleading period, the time limit for adducing evidence and the pleading period should be calculated separately, each of which shall not exceed fifteen (15) days.
10. A pretrial conference may be held for a case to which the summary procedure is applied to check the identity information of the parties, fix the plaintiff's claim, the defendant's defense, the cross-examination and issues of the parties.
No further such proceedings are required at trial, but only court investigations and debates are conducted around the issue.
11.Where a primary court finds that a conversion of procedure is required in the trial, it may convert it into ordinary procedure by written or oral ruling.
This ruling shall take effect immediately after it is made.
The facts that the parties have ascertained before converting into ordinary procedure may not be proved or cross-examined.
12.The conversion of summary procedure shall be approved by the division head of the court. After the procedure is converted, the case shall be tried by the original judge.
13.Cases to which the summary procedure is applied are encouraged for pronouncing a judgment in court. For a case which a judgment is pronounced in court, the judge shall state the reasons. Where the adjudging process is completely recorded by audio and video or record of trial, the primary court may briefly state the reasons for the judgment when making the judgment document.
For a case which a judgment is pronounced in court, the judge shall inform the parties or their attorneys of the time and place of receipt of the judgment document and the legal consequences of overdue receipt, and make a written record. The date on which the parties receive the judgment documents within the specified period shall be the date of service. If one party fails to receive the judgment within the specified period, the date of expiration of the period which the judgment document should be received shall be the date of service. The period of appeal shall be counted from the day following the expiration of the period which the judgment document should be received.
14.For a case to which the summary procedure is applied, the primary courts may simplify the production of documents by adopting the element-style, list-style and writ-style judgment document.
15.The cases to which the summary procedure is applied shall refer to the rules for the implementation of this Court on perfection of the application of small claim procedure.