Sui Zhong Fa [2020] No. 121
Notice of Guangzhou Intermediate People's Court on Issuing the Measures for the Administration of the Online Refund of Litigation Costs (for Trial Implementation)
To all primary courts and all departments of this Court,
TheseMeasures for the Administration of the Online Refund of Litigation Costs (for Trial Implementation)are hereby issued to you, please implement them carefully.
Guangzhou Intermediate People's Court
July 9, 2020
Measures for the Administration of the Online Refund of Litigation Costs (for Trial Implementation)
In order to further promote theonline handling of the entire process of litigation matters, deepen justice for the people, make full use of the achievements of the informatization construction of the people's courts, and realize handling the refund of litigation costs online and on Internet, in accordance with Article 207 of theInterpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of Chinaand Article 53 of the Measures for the Payment of Litigation Costsof the State Council, these Measures are hereby formulated.
1. The clerk or assistant judge of a case in the trial department shall fill in the effective date of the adjudicative document in the trial system within 5 days after the case is closed and the adjudicative document takes effect. After the effective date is registered and confirmed, the system will automatically generate and send a reminder SMS immediately to all parties to inform the parties of the effective date of the adjudicative document and that they may log in the applet of WeChat "Guangzhou Micro Court" to apply for enforcement, handle the refund and settlement of litigation costs. The SMS shall be accompanied by a link to the operating instructions synchronously and the parties can click the link to view relevant operating instructions.
2. After a party submits an application for refund of litigation costs on Internet, the assistant judge, the clerk, and the presiding judge of the case shall complete the review within 5 days and submit it to relevant division leader of the court for approval. The division leader shall complete the approval process and transfer it to the Financial Department within 3 days. If the materials submitted by the party need to be supplemented or modified, the time limit shall be calculated from the date of supplement.
3. The Financial Department shall complete the review and submit it to relevant financial institution responsible for settlement within 5 days after receiving approval from relevant division. The Financial Department shall urge the financial institution to complete the payment within 2 days upon receipt of it.
4. After a party submits an online refund application, the system will automatically generate a reminder SMS and send it immediately, and notify the clerk, the assistant judge, the presiding judge, and relevant approval personnel at all levels in turn. If the application is not processed within the time limit, the system will set up a warning SMS to remind relevant leaders to supervise the handling level by level.
5. Upon review by the presiding judge and the approval of the division leader of the application for refund of costs, a approval form with digital signatures shall be formed for circulation and filing. If the presiding judge or the division leader changes, the recorded digital signature information shall be updated in time.
6. If the materials submitted by a party in the online application for refund of costs are incomplete or do not meet the requirements, the presiding judge or the Financial Department shall promptly return the application and indicate the reason for the return. If they are returned to the party, the system will also send a reminder SMS containing the reason for the return to the mobile phone of the party; if complete electronic materials have been provided, the party shall not be required to submit additional paper materials.
7.If the Financial Department needs relevant paper materials for filing, it shall print out the electronic materials submitted by the parties through the system. The Technology and Information Division shall cooperate with the Financial Department to improve the one-click printing of refund materials and the watermark anti-counterfeiting functions of the electronic materials.
8. In principle, the online refund application shall be handled by the party in person, and the power of attorney with legal effect shall be uploaded if the party entrusts others to handle such application. Regardless the party or the entrusted agent handles the online refund application, the account that handling the online refund may only be the party's own account or the account of the authorized person with legal effect.
9. These Measures shall be implemented on a trial basis in courts of both levels across the municipality from the date of issuance. If a party applies for the refund of litigation costs by submitting paper application offline, the processing period shall refer to these Measures.