core reading

  Filing a case is the premise of a trial, and it is the main switch for initiating litigation procedures. Filing a case in accordance with the law is the beginning of fair justice.

Since the people's courts fully implemented the case filing registration system, the channels for filing civil, administrative, and enforcement cases have become smoother, and problems such as "not filing a case, ignoring a lawsuit, delaying case filing, and raising the threshold" have been basically resolved.

  The Fourth Plenary Session of the 18th Central Committee of the Communist Party of China proposed to reform the court case acceptance system, change the case filing review system to a case filing registration system, and ensure that the people's courts should accept cases according to law.

On May 1, 2015, the people's courts fully implemented the case-filing registration system, ensuring that cases must be filed and lawsuits must be justified.

  Prior to this, my country's courts implemented a case-filing review system.

From "review" to "registration", although only two words have changed, it means that my country's judicial field has started a resolute, thorough and far-reaching reform, which represents a major change in my country's court case acceptance system. The problem of "difficulty in filing a case" has become a thing of the past.

Recently, the Supreme People's Court held a press conference to introduce the reform of the people's court registration system since the 18th National Congress of the Communist Party of China.

  Carry out special supervision, normal supervision, and cross-examination to resolutely prevent the problem of "difficulty in filing a case" from rebounding

  "Since the reform of the case-filing registration system, the people's courts at all levels have accepted all pleadings that meet the legal requirements and complete the elements, and register and file the case on the spot. If the pleadings and materials submitted by the parties do not meet the requirements, they will be notified in writing at one time to make corrections within the specified time limit. For those that cannot be determined on the spot as to whether they are in compliance with the law and still cannot be decided within the time limit prescribed by the law, the case shall be filed first." Qian Xiaochen, president of the Supreme People's Court's case filing division and director of the Litigation Service Center, introduced the channels for filing civil, administrative, and enforcement cases. It is smoother, and the problems of "not filing a case, ignoring a lawsuit, delaying the filing of a case, raising the threshold" have basically been resolved.

From "examination" to "registration", all cases that should be accepted according to law are open to the public.

  It is understood that as of June 30 this year, a total of 138,371,700 cases have been registered by courts across the country, including 93,062,500 civil first instance cases, 1,878,900 administrative first instance cases, 133,000 criminal private prosecutions, 108,500 state compensation cases, and 43,188,800 first-instance applications for enforcement. The average on-the-spot filing rate of courts across the country reached 95.7%, and the on-the-spot filing rate in Tianjin, Shanghai, Zhejiang, Fujian, Chongqing, Yunnan and other places exceeded 98%.

  Qian Xiaochen introduced that in order to ensure that the reform of the case filing registration system is truly effective, since 2015, the Supreme People's Court has instructed courts across the country to adopt special supervision, normal supervision, cross-examination and other methods to strengthen follow-up supervision and resolutely prevent the problem of "difficulty in filing cases" from rebounding. resurgence.

In 2021, the Supreme People's Court will hold a special meeting to issue guidelines, open the 12368 litigation service hotline for complaints and reports, develop and launch an early warning system for the deviation of case filing, and comprehensively implement policies to completely solve the problem of people who are affected by filing cases at the end of the year. The pain points, difficulties, and blocking points.

The People's Court's early warning system for the deviation degree of filing cases shows that in December 2021, the number of cases received by courts across the country increased significantly, an increase of more than 1.34 million cases compared with December 2020, a year-on-year increase of 104.16%.

  Implement a cross-domain case filing and linkage handling mechanism, so that cases can be filed near the nearest, more points, and less running.

  Not long ago, Wang, a native of Dalian, Liaoning, had an accident at the site of the hoisting project contracted by Tianjin Port, and he may face losses of millions of yuan.

In order to avoid losses, it was urgent to conduct property preservation on the site and equipment through the Tianjin Maritime Court, but Wang was in Dalian at the time, and it was too late to arrive in Tianjin.

So he hurried to the Dalian Maritime Court for help.

The Dalian Maritime Court's case-filing court, through cross-regional case-filing services, helped him complete the case-filing at the Tianjin Maritime Court in just ten minutes, which relieved Wang's urgent needs.

  "The people's court has achieved full coverage of cross-regional filing services. The parties can choose any nearby court or people's court to apply for cross-regional filing, effectively reducing the burden of going back and forth." Qian Xiaochen introduced that as an important factor in consolidating the achievements of the reform of the case filing registration system Measures. In 2019, the Supreme People's Court deployed cross-domain case filing services in courts across the country, and comprehensively promoted the establishment of a cross-domain case filing linkage handling mechanism that accepts applications in the nearest location, maintains jurisdiction, and data flows online, so that cases can be filed in the nearest location and at multiple locations. Can stand, run less and stand quickly.

  At present, the people's courts at all levels and more than 10,000 people's courts have been connected to form a "cooperation network for case filing", which provides the masses with "receiving cases in different places and handling cases indiscriminately".

As of the first half of this year, courts across the country had provided 154,000 cross-domain filing services.

  "The people's courts have actively responded to the multi-level and diverse needs of the public for filing cases in the new era, and have established and improved new three-dimensional and diversified new models for case filing, such as on-site filing, self-service filing, online filing, circuit filing, mail filing, and 12368 hotline filing." Qian Xiaochen introduced that today, 100% of the courts across the country use the "People's Court Online Service" applet, and the "handheld case filing" on mobile phones has achieved full coverage of the four-level courts and full coverage of major case types.

Since the platform was launched, the total number of visits has reached more than 2.7 billion, and an average of 41 cases are filed online every minute. The new model of “households can file a case” and “file a case without running away” allows the parties to fully enjoy the convenience brought by the construction of a smart court.

  According to reports, in some areas with high mountains and long roads and inconvenient transportation, the people's courts provide services such as circuit filing and door-to-door filing through "horseback judges", "back basket judges", and mobile vehicle courts, so as to open up the "last mile" of serving the masses. , so that convenient and efficient case filing services can benefit all kinds of litigants.

  Build a "court + society" multiple dispute resolution system, and put the non-litigation dispute resolution mechanism at the forefront

  "During the implementation of the reform of the case-filing registration system, we have deeply realized that the people's court is a judicial organ that resolves conflicts and disputes and resolves the demands of the masses. Litigation is an effective means to resolve conflicts and disputes, but it is not the only means." Qian Xiaochen said.

The people's court adheres to and develops the "Fengqiao Experience" in the new era, insists on putting the non-litigation dispute resolution mechanism in the front, strengthens the linkage of people's mediation, administrative mediation, and judicial mediation, strengthens the connection between non-litigation and litigation, and promotes the timely and efficient resolution of a large number of conflicts and disputes in accordance with the law. before the lawsuit.

  Especially since 2019, the people's courts have vigorously promoted the construction of a one-stop multi-dispute resolution and litigation service system, extending from the traditional court trial to the front-end settlement of disputes at the source, building a "court + society" multi-dispute resolution system, and enriching the choices of the masses A "menu library" for resolving disputes through appropriate channels, and giving play to the role of the judiciary in participating, promoting, regulating and guaranteeing social governance.

  In 2020, the number of litigation cases accepted by courts across the country declined for the first time since 2004, especially after 15 years of continuous growth in civil litigation cases.

  Recently, a judge of the Chaoyang District People's Court in Beijing successfully resolved a cross-regional private lending dispute through online mediation.

It turned out that one party was in Beijing and the other party was in Hubei. According to the traditional model, both parties would have to come to the Chaoyang District People's Court.

Relying on the online mediation platform of the people's court, the case-handling judge organizes both parties to mediate.

After more than 4 hours of online communication and coordination, the two parties finally reached a mediation agreement online.

  At the same time, people's courts at all levels rely on the people's court mediation platform to vigorously develop online mediation, so that parties who are thousands of miles away can resolve disputes in a timely manner without having to travel back and forth.

In 2021, the volume of online mediation will exceed 10 million; in the first half of this year, the volume of online mediation will exceed 5.7225 million.

In the first half of this year, an average of 46,800 disputes were mediated on the mediation platform of the people's court every working day, and 57 disputes were successfully resolved every minute before litigation. The average mediation time was 12 days, less than 10% of the average trial cycle for first-instance civil cases. /3.

  In addition, the people's courts deepened the practice of "Internet + Fengqiao Experience", and promoted the people's court mediation platform to enter the village, the community, and the grid. Equally resolve disputes, form a grassroots dispute resolution service network covering cities, towns, villages and key industries, provide services such as conflict prevention, legal consultation, dispute resolution, video mediation, etc., to facilitate urban and rural people to resolve disputes at their doorsteps.

  Our reporter Ni Yi