New rules aim to make lawsuits easier
Print Edition
China is to make it easier for people to lodge lawsuits as part of efforts to boost the rule of law.
The Supreme People鈥檚 Court yesterday announced streamlined procedures for accepting and hearing cases.
The rules, to take effect on May 1, state that any interference in court procedure will be severely punished.
To address difficulties in filing cases, current accreditation by courts will be replaced by a case registration system, with the authorities determined to put an end to obstructive behavior by courts and officials meddling in cases.
The rules state that 鈥減eople鈥檚 courts must accept cases that should be handled according to the law, and no unit nor individual may obstruct for any reason.鈥
Civil, administrative and criminal lawsuits, executions and applications for state compensation must be accepted by courts immediately. If a case cannot be filed immediately, it should be filed within the legal deadline. If there is no clear ruling of whether a case should be filed, the rules instruct the courts to file first and ask questions later.
If the case cannot be filed due to a lack of material, courts must clearly explain to applicants what material is needed. If the case cannot be filed according to law, courts should inform applicants immediately, so they can appeal or apply for a review.
Cases involving state sovereignty, territorial integrity, national unification and unity or national religious policy, and matters outside the courts鈥 jurisdiction, may not be filed.
Other means of settlement, such as mediation and arbitration, should be used to alleviate pressure on the courts, the court said. 鈥淐ourts should be subject to supervision by the legislature, procuratorate, news media and the public,鈥 it added.
Those who delay or interfere with the filing of suits should be punished. Criminal liability should be pursued if the interference leads to grave results or a harmful social influence.
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