China's Supreme Court's revised judicial interpretation will make civil litigation "easier"

  China News Agency, Beijing, April 2 (Reporter Zhang Su) In a Chinese court, if the facts of the case are clear, the relationship between rights and obligations is clear, and the dispute is not large, the "summary procedure" can be applied.

A judicial interpretation released by China's Supreme People's Court on the 2nd will make civil litigation more "easy".

  It is known that the "Decision of the Supreme People's Court on Amending the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China" (hereinafter referred to as the "Decision") has been reviewed and approved by the Judicial Committee of the Supreme People's Court.

The new judicial interpretation adapts to the relevant provisions of the new civil procedure law and makes adaptive revisions to the article numbers and expressions of the original judicial interpretation.

  This includes amending the relevant provisions on extending the trial period for cases under the summary procedure.

The "Decision" stated that the conditions for the extension of the trial period of the summary procedure cases were changed from "both parties agree to continue to apply the summary procedure" to "there are special circumstances that need to be extended", and the maximum trial period of the summary procedure cases was revised from six months to four months.

  The "easy way" to serve litigation documents has also been clearly defined.

The "Decision" states that the court may summon both parties, notify witnesses and serve litigation documents by simple means such as text messages, telephone calls, text messages, faxes, and e-mails.

  If the court finds that the case is not suitable for the summary procedure and needs to be transferred to the ordinary procedure for trial, it must "make a ruling before the expiration of the trial period and notify both parties in writing of the judges and related matters".

The "Decision" stated that before the transfer to ordinary procedures, the facts confirmed by both parties can no longer be presented and cross-examined.

  The "Decision" has a total of 16 articles, which will come into force on April 10, 2022.

The Supreme People's Court stated that the new judicial interpretation needs to be further revised and improved in accordance with the new Civil Procedure Law.

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