Interpretation of Civil Procedure Law (III)

XI。 summary procedure

Article 256 The simple civil case stipulated in Article 157 of the Civil Procedure Law is clear in fact, which means that the parties are basically consistent with the disputed facts and can provide corresponding evidence, and the facts can be ascertained without the need for the people's court to investigate and collect evidence; The clear relationship between rights and obligations means that we can clearly distinguish who is the bearer of responsibility and who is the holder of rights; Less controversial means that the parties have no principled differences on the dispute over the right and wrong of the case, the responsibility and the subject matter of the lawsuit.

Article 257 Summary procedures are not applicable to the following cases:

(1) At the time of prosecution, the defendant's whereabouts were unknown;

(2) remanded for retrial;

(3) There are a large number of parties;

(4) Apply the procedure of trial supervision;

(five) involving national interests and social interests;

(6) A third party brings a lawsuit to request the revision or cancellation of a judgment, ruling or conciliation statement that has entered into force;

(seven) other cases that are not suitable for summary procedure.

Article 258 If both parties agree to continue to apply summary procedure to a case tried by summary procedure after the expiration of the trial period, the trial period may be extended with the approval of the president of our hospital. The extended probation period shall not exceed six months in total.

If the people's court finds that the case is complicated and needs to be transferred to the ordinary procedure, it shall make a ruling before the expiration of the trial period, and notify both parties in writing of the members of the collegial panel and related matters.

If the case is transferred to the ordinary procedure, the trial period shall be counted from the date when the people's court files the case.

Article 259 Both parties may apply to the people's court for the mode of hearing, and the people's court shall decide whether or not to grant it. With the consent of both parties, the hearing can be held by audio-visual transmission technology.

Article 260th A case tried in accordance with ordinary procedures may not be transferred to summary procedure after the court session.

Article 261 When a people's court tries a case by summary procedure, it may summon both parties, notify witnesses and serve other litigation documents other than the judgment documents by means of short messages, telephone calls, short messages, faxes and e-mails.

The people's court shall not make a judgment by default if the notice of hearing served in a simple way has not been confirmed by the parties or there is no other evidence to prove that the parties have received it.

When a case is tried by summary procedure, the judge shall be the sole judge and the clerk shall be responsible for recording it.

Article 262 A written judgment, ruling or conciliation statement made by a people's court must be stamped with the seal of the basic people's court, and the seal of the basic people's court shall not be replaced by the seal of the people's court.

Article 263 For a case tried by summary procedure, the case file shall include the following materials:

(a) Indictment or record of oral prosecution;

(2) written reply or oral reply;

(3) the identification materials of the parties;

(four) the power of attorney or oral entrustment record of entrusting others to represent the litigation;

(5) evidence;

(6) Asking the transcripts of the parties;

(7) transcripts of court hearings (including mediation);

(8) A written judgment, ruling, conciliation statement or conciliation agreement;

(nine) the service and sentencing transcripts;

(10) implementation;

(eleven) the receipt of legal fees;

(12) If the trial is conducted in accordance with Article 162 of the Civil Procedure Law, the written notice of relevant procedures shall apply.

Article 264 Where both parties agree to apply the summary procedure as stipulated in the second paragraph of Article 157 of the Civil Procedure Law, it shall be put forward before the court session. Oral, recorded in the record, signed or sealed by both parties to confirm.

The people's court shall not allow the application of summary procedure in the cases specified in Article 257 of this Interpretation.

Article 265 If the plaintiff brings an oral lawsuit, the people's court shall truthfully record the basic information such as the name, gender, work unit, address, contact information, litigation request, facts and reasons of the party concerned, and sign or seal it after verification by the plaintiff. A receipt shall be issued for the evidential materials submitted by the parties.

Article 266 In a case tried by summary procedure, the time limit for adducing evidence shall be decided by the people's court, or it may be agreed by the parties through consultation and approved by the people's court, but the longest time shall not exceed fifteen days. If the defendant requests a written defense, the people's court may, with the consent of the defendant, reasonably determine the time limit for defense.

The people's court shall inform both parties of the time limit for adducing evidence and the date of court session, and explain to the parties the legal consequences of overdue adducing evidence and refusing to appear in court, and both parties shall sign or seal the record and the receipt of summons for court session.

If both parties indicate that there is no need for the time limit for adducing evidence or the time limit for replying, the people's court may hold a hearing immediately or set a new date for the hearing.

Article 267 When a case is tried by summary procedure, the pretrial preparation can be made by summary method.

Article 268 During the trial, the people's court may make necessary explanations or explanations such as avoidance, admission and burden of proof to the parties who have not entrusted lawyers or grassroots legal service workers to represent the litigation, and appropriately remind the parties to correctly exercise their litigation rights and perform their litigation obligations during the trial.

Article 269 If a party raises an objection to the application of summary procedure to the trial of a case, and the people's court finds that the objection is established after examination, the ruling shall be transferred to ordinary procedure; If the objection is not established, the party concerned shall be informed orally and put on record.

If it is transferred to the ordinary procedure, the people's court shall notify both parties in writing of the members of the collegial panel and related matters.

Facts that have been confirmed by both parties before being transferred to ordinary procedures may not be given evidence or cross-examined.

Article 270 When a case is tried by summary procedure under any of the following circumstances, the people's court may appropriately simplify the part of finding out the facts or reasons for the judgment when making a judgment, ruling or conciliation statement:

(a) the parties have reached a mediation agreement, which requires civil mediation;

(2) One party explicitly acknowledges all or part of the claim of the other party;

(3) In a case involving commercial secrets or personal privacy, one party requests to simplify the relevant contents in the judgment document, and the people's court considers the reasons justified;

(4) The parties agree to simplify.

Twelve. Small claims in summary procedure

Article 271 The people's courts shall apply the provisions of Article 162 of the Civil Procedure Law to the trial of small litigation cases, and adopt the system of first instance and final adjudication.

Article 272 The average annual salary of employees in all provinces, autonomous regions and municipalities directly under the Central Government as stipulated in Article 162 of the Civil Procedure Law refers to the published average annual salary of employees in all provinces, autonomous regions and municipalities directly under the Central Government. Before the publication of the average annual salary of employed persons in the previous year, the published average annual salary of employed persons in the latest year shall prevail.

Article 273 A maritime court may try maritime and maritime small claims cases. The amount of the subject matter of the case shall be limited to 30% of the average annual salary of the employees in the province, autonomous region or municipality directly under the Central Government where the maritime court actually accepts the case or its dispatched court is located.

274th the following monetary payment cases shall be tried by small-sum litigation procedures:

(1) Disputes over sales contracts, loan contracts and lease contracts;

(two) the identity relationship is clear, only the amount, time and way of payment disputes, as well as disputes about alimony, childcare fees and maintenance fees;

(3) Disputes over traffic accident damage compensation and other personal injury compensation with clear responsibilities and only disputes over the amount, time and payment method;

(four) water supply, power supply, gas supply and heating contract disputes;

(5) Bank card disputes;

(six) labor contract disputes with clear labor relations are only about the amount, time and payment method of labor remuneration, medical expenses for work-related injuries, economic compensation or compensation;

(seven) labor contracts with clear labor relations and only disputes about the amount, time and payment method of labor remuneration;

(eight) property, telecommunications and other service contract disputes;

(nine) other payment disputes.

275th the following cases are not applicable to small claims procedures:

(a) personal relations, property ownership disputes;

(2) Foreign-related civil disputes;

(3) intellectual property disputes;

(4) Disputes that require appraisal or have objections to the appraisal results before litigation;

(five) other disputes that are not suitable for first instance and final adjudication.

Article 276 When accepting a small litigation case, the people's court shall inform the parties of the trial organization, the trial methods of first instance and final instance, the trial period, the standards for paying litigation fees and other relevant matters.

Article 277 The time limit for adducing evidence in small litigation cases shall be decided by the people's court, or agreed by the parties through consultation and approved by the people's court, but generally it shall not exceed seven days.

If the defendant requests a written defense, the people's court may reasonably determine the defense period on the basis of its consent, but the longest time shall not exceed fifteen days.

If the parties indicate that there is no need for the time limit for adducing evidence and the time limit for replying, the people's court may hold a hearing immediately.

Article 278 If a party objects to the jurisdiction of small claims, the people's court shall make a ruling. Once the award is made, it will take effect immediately.

Article 279 After accepting a small lawsuit, if the people's court finds that the lawsuit does not meet the conditions for prosecution stipulated in Article 119 of the Civil Procedure Law, it shall rule to dismiss the lawsuit. Once the award is made, it will take effect immediately.

Article 280 Cases that do not meet the requirements of small claims because the parties apply to increase or change the claims, file counterclaims, add parties, etc. Other provisions shall be subject to summary trial.

If the cases listed in the preceding paragraph should be tried by ordinary procedures, the ruling shall be transferred to ordinary procedures.

Other provisions of the summary procedure have been applied before the application of the ordinary procedure or the facts that have been confirmed by both parties may not be given evidence or cross-examination.

Article 281 If the parties have objections to the trial of small claims, they shall raise them before the trial. If the people's court disagrees after examination, other provisions of summary procedure shall apply to the trial; If the objection is not established, the parties concerned shall be informed and put on record.

Article 282 The judgment document of a small lawsuit case may be simplified, mainly recording the basic information of the parties, the litigation request, the text of the judgment, etc.

Article 283 Where there are no provisions in this Interpretation in the trial of small litigation cases by the people's courts, other provisions on summary procedure shall apply.

Thirteen. Public interest litigation

Article 284 If the following conditions are met, the people's court shall accept the acts of organs and relevant organizations that pollute the environment and infringe upon the legitimate rights and interests of many consumers, and bring a public interest lawsuit in accordance with the provisions of Article 55 of the Civil Procedure Law:

(a) there is a clear defendant;

(2) Having specific claims;

(3) There is preliminary evidence that the public interest has been harmed;

(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.

Article 285 A public interest litigation case shall be under the jurisdiction of the Intermediate People's Court in the place where the infringement is committed or where the defendant is domiciled, except as otherwise provided by laws and judicial interpretations.

A public interest lawsuit brought for pollution of the marine environment shall be under the jurisdiction of the maritime court of the place where the pollution occurred, the place where the damage resulted or the place where anti-pollution measures were taken.

Where a public interest lawsuit is filed with two or more people's courts for the same infringement, it shall be under the jurisdiction of the people's court that first filed the case, and shall be designated by the people's court at a higher level if necessary.

Article 286 After accepting a public interest litigation case, the people's court shall notify the relevant administrative department in writing within ten days.

Article 287 After the people's court accepts a public interest litigation case, other organs and relevant organizations that can bring a lawsuit according to law may apply to the people's court to participate in the lawsuit before the court session. If the people's court is allowed to participate in litigation, it will be classified as * * * with the plaintiff.

Article 288 The people's court's acceptance of a public interest litigation case shall not affect the victim of the same tort from bringing a lawsuit in accordance with the provisions of Article 119 of the Civil Procedure Law.

Article 289 In a public interest litigation case, the parties may settle and the people's court may mediate.

After the parties reach a settlement or mediation agreement, the people's court shall announce the settlement or mediation agreement. The announcement period shall not be less than thirty days.

After the expiration of the announcement, the people's court shall issue a mediation agreement after examination, mediation or reaching a mediation agreement, if it does not violate the public interest; If the settlement or mediation agreement violates the interests of the public, no mediation document will be issued, and the case will continue to be tried and a judgment will be made according to law.

Article 290 If the plaintiff in a public interest litigation case applies for withdrawing the lawsuit after the court debate, the people's court shall not allow it.

Article 291 If, after the judgment of a public interest litigation case becomes legally effective, other organs and relevant organizations with plaintiff qualifications according to law file a public interest litigation again for the same infringement, the people's court shall rule that it shall not be accepted, except as otherwise provided by laws and judicial interpretations.

Fourteen, the third party to withdraw the lawsuit.

Article 292 Where a third party brings a lawsuit against a legally effective judgment, ruling or conciliation statement, it shall bring a lawsuit to the people's court that made the effective judgment, ruling or conciliation statement within six months from the date when it knew or should have known that its civil rights and interests were harmed, and provide evidence of the following:

(a) I didn't take part in the proceedings for reasons not attributable to me;

(2) The legally effective judgment, ruling or conciliation statement is totally or partially wrong;

(3) The contents of a legally effective judgment, ruling or conciliation statement are wrong, which damages their civil rights and interests.

Article 293 The people's court shall serve the complaint and evidential materials on the other party within five days from the date of receipt of the complaint, and the other party may submit written opinions within ten days from the date of receipt of the complaint.

The people's court shall examine the complaint, evidential materials and written opinions of the other party submitted by the third party. You can ask both parties if necessary.

If it meets the requirements for prosecution after examination, the people's court shall file a case within 30 days from the date of receiving the complaint. If it does not meet the conditions for prosecution, it shall rule that it will not be accepted within 30 days from the date of receiving the complaint.

Article 294 A people's court shall form a collegial panel when trying a case in which a third party withdraws.

Article 295 Non-participation in litigation for reasons not attributable to the person as stipulated in the third paragraph of Article 56 of the Civil Procedure Law refers to a situation in which the party who is not listed as an effective judgment, ruling or conciliation statement has no fault or obvious fault. Including:

(a) Failing to participate in the proceedings without knowing it;

(two) the application for participation is not allowed;

(3) Being aware of the lawsuit, but unable to participate due to objective reasons;

(4) Failing to participate in the proceedings for other reasons not attributable to him.

Article 296 Part or all of the contents of a judgment, ruling or conciliation statement stipulated in the third paragraph of Article 56 of the Civil Procedure Law refers to the main text of the judgment or ruling in the conciliation statement and the result of handling the civil rights and obligations of the parties.

Article 297 A people's court shall not accept a lawsuit for revocation filed by a third party under any of the following circumstances:

(1) Cases handled through non-litigation procedures such as special procedures, supervision procedures, publicity procedures and bankruptcy procedures;

(two) the contents of the identity relationship in judgments, rulings and mediation books such as invalid marriage, revocation or dissolution of marriage relationship;

(three) the effective judgment of the obligee who did not participate in the registration of the representative litigation case as stipulated in Article 54 of the Civil Procedure Law;

(4) Article 55 of the Civil Procedure Law on the effective judgment of the victims of acts that harm the public interest as stipulated in public interest litigation cases.

Article 298 Where a third party brings a lawsuit for revocation, the people's court shall list the third party as the plaintiff and the party to the effective judgment, ruling or conciliation statement as the defendant, but the third party who has no responsibility for the effective judgment, ruling or conciliation statement and has no independent claim shall be listed as the third party.

Article 299 After the people's court accepts a third party's application for revocation of a case, if the plaintiff provides corresponding guarantee and requests suspension of execution, it may grant it.

Article 300 After accepting a third party's request to cancel or partially cancel the contents of a legally effective judgment, ruling or conciliation statement, the people's court shall handle it according to the following circumstances:

(1) If the claim is established and the claim for civil rights is confirmed to be established in whole or in part, the wrong part of the original judgment, ruling or conciliation statement shall be changed;

(2) If the request to confirm all or part of his civil rights is not established, or if there is no request to confirm his civil rights, the wrong part of the original judgment, ruling or conciliation statement shall be revoked;

(3) If the request is not established, the request shall be rejected.

If a party refuses to accept the judgment stipulated in the preceding paragraph, he may appeal.

The contents of the original judgment, ruling or conciliation statement remain unchanged or will not be revoked.

Article 301 Where a people's court hears a case of withdrawal of a third party and retries a judgment, ruling or conciliation statement that has entered into force, the people's court that accepted the withdrawal of the third party shall order that the third party's claim be included in the retrial procedure. However, if there is evidence that malicious collusion between the parties in the original trial has harmed the legitimate rights and interests of the third party, the people's court shall try the case of the third party withdrawing the lawsuit first and decide to suspend the retrial procedure.

Article 302 Where a third party's claim is brought into the retrial procedure, it shall be handled separately according to the following circumstances:

(1) According to the procedure of first instance, the people's court shall jointly hear the claims of the third party, and the judgment made may be appealed;

(2) If the trial is conducted in accordance with the procedure of second instance, the people's court may conduct mediation. If no agreement can be reached through mediation, the people's court shall make a ruling to revoke the original judgment, ruling and mediation, and send it back to the court of first instance for retrial, and appoint a third person in the retrial.

Article 303 If a third party fails to stop the execution of the effective judgment, ruling or conciliation statement after bringing a lawsuit for revocation, the enforcement court shall examine the execution objection raised by the third party in accordance with the provisions of Article 227 of the Civil Procedure Law. If a third party refuses to accept the rejection of the execution objection ruling and applies for retrial of the original judgment, ruling or conciliation statement, the people's court shall not accept it.

If an outsider refuses to accept the people's court's rejection of the ruling of execution objection and thinks that the original judgment, ruling or conciliation statement is wrong, which damages his legitimate rights and interests, he shall apply for a retrial in accordance with the provisions of Article 227 of the Civil Procedure Law, and the people's court shall not accept the lawsuit of revocation of the third party.

Fifteen. Action of execution objection

Article 304 According to the provisions of Article 227 of the Civil Procedure Law, if an outsider or a party refuses to accept the ruling of execution objection and brings a lawsuit to the people's court within 15 days from the date of the delivery of the ruling, it shall be under the jurisdiction of the execution court.

Article 305 When an outsider brings a lawsuit against execution, it shall meet the following conditions in addition to the provisions of Article 119 of the Civil Procedure Law:

(a) the application for execution objection by the outsider is rejected by the people's court;

(2) There is a creditor's right that explicitly excludes the execution of the object of execution, and the creditor's right has nothing to do with the original judgment or ruling;

(three) put forward within fifteen days from the date of delivery of the objection ruling.

The people's court shall decide whether to file a case within 15 days from the date of receiving the complaint.

Article 306 Where an application executor files a lawsuit against execution objection, it shall meet the following conditions in addition to the provisions of Article 119 of the Civil Procedure Law:

(1) The people's court decides to suspend execution on the basis of the objection of the outsider;

(2) There is a clear request to continue the execution of the subject matter, and the request has nothing to do with the original judgment or ruling;

(three) put forward within fifteen days from the date of delivery of the objection ruling.

The people's court shall decide whether to file a case within 15 days from the date of receiving the complaint.

Article 307 Where an outsider brings an enforcement action, the applicant for enforcement is the defendant. If the person subjected to execution disagrees with the objection of the outsider, the person subjected to execution is the defendant; If the person subjected to execution does not object to the objection raised by the outsider, the person subjected to execution may be listed as a third person.

Article 308 Where an application executor brings a lawsuit against an execution objection, the outsider is the defendant. If the person subjected to execution disagrees with the claim of the application executor, the outsider and the person subjected to execution are * * * co-defendants; If the person subjected to execution does not raise any objection to the claim of the application executor, the person subjected to execution may be listed as a third person.

Article 309 Where the person applying for enforcement does not bring a lawsuit against the suspension of execution of the ruling, and the person subjected to execution brings a lawsuit against execution, the people's court shall inform him to bring another lawsuit.

Article 310 The people's court shall apply ordinary procedures in hearing cases of execution objection.

Article 311 Where an outsider or an applicant for execution files a lawsuit against execution, if the outsider's civil rights and interests in the subject matter of execution are sufficient to exclude execution, he shall bear the burden of proof.

Article 312 After hearing the case, the people's court shall deal with the complaint of execution objection filed by an outsider according to the following circumstances:

(1) If the outsider enjoys civil rights and interests sufficient to exclude execution, the judgment shall not execute the execution target;

(2) If the outsider does not enjoy enough civil rights and interests to exclude execution, the prosecution shall be dismissed.

If the outsider claims to confirm the right at the same time, the people's court may make a judgment together.

Article 313 After the people's court accepts the complaint of execution objection filed by the executor, it shall handle it separately according to the following circumstances:

(1) If the outsider does not enjoy enough civil rights to exclude execution, the judgment allows the person subjected to execution to execute;

(2) If the civil rights enjoyed by the outsider are enough to exclude execution, the judgment shall reject the claim.

Article 314 If the people's court decides not to execute an objection brought by an outsider, the execution of the objection ruling shall be invalid.

If the people's court decides that the object of execution is allowed to raise an execution objection to the applicant, the execution objection ruling is invalid, and the execution court may resume execution according to the application of the applicant or ex officio.

Article 315 The people's court shall not punish the object of execution when hearing the complaint of execution objection raised by outsiders. If the person subjected to execution requests the people's court to continue execution and provide corresponding guarantee, the people's court may grant it.

If the person subjected to execution colludes with outsiders in bad faith and obstructs execution through execution objection or lawsuit of execution objection, the people's court shall handle it in accordance with the provisions of Article 113 of the Civil Procedure Law. If the applicant for enforcement suffers any damage as a result, he may bring a lawsuit and demand compensation from the person subjected to execution and outsiders.

Article 316 If, after the people's court has ordered the execution of the person subjected to execution to be suspended, the applicant for execution fails to bring a lawsuit against the person subjected to execution within the statutory time limit, the people's court shall lift the compulsory measures taken against the person subjected to execution within seven days from the expiration of the prosecution time limit.