Qingdao Daily/Guanhai News November 17, 2017 In principle, the online case filing application submitted by the parties was reviewed on the same day and the results of the review were feedback, so that all courts had the function of Internet hearings, and the number of postponements of hearings in cases applying ordinary procedures was not more than twice...
The Qingdao Intermediate People's Court recently issued the Detailed Rules for the Implementation of Innovative Breakthrough Actions to Optimize the Business Environment to promote the implementation of various measures to optimize the business environment.
In order to thoroughly implement the Shandong Provincial High People's Court's "Supporting Measures for Optimizing the Business Environment Innovation and Breakthrough Action", according to the actual situation of the city's courts, the Qingdao Intermediate People's Court has specially formulated a total of 40 "Detailed Rules", including optimizing and improving the quality of litigation services, optimizing the whole process of online case handling, improving the efficiency of online case filing and review, increasing the application of the "mitigation and exemption" measures for the litigation fees of parties in difficulty, improving the electronic service system, promoting the "Internet + assessment and appraisal", strengthening the management of the trial limit of civil and commercial cases, and promoting the disclosure of judgment documents in the city's courts. Promote live broadcasting of court hearings and information disclosure, strictly protect the lawful rights and interests of private enterprises and entrepreneurs, strengthen the protection of intellectual property rights, raise the level of informatization in bankruptcy trials, deepen online inquiries to increase the value of property realization, compress bankruptcy cycles, and standardize measures such as judicial sealing, seizure, and freezing. (Qingdao Daily/Guanhai News Reporter Dai Qian Correspondent Shi Manxin He Wenjie)
Related links: "Detailed Rules"
1． Upgrade and transform the litigation service center, optimize and improve the quality of litigation services. Make every effort to build a litigation service center that gathers six major functions, such as diversified dispute resolution, sub-adjustment and adjudication, case filing services, trial assistance, litigation-related petitions, and rule of law publicity, adhere to the normalization of epidemic prevention and control, and provide more high-quality litigation services for the people and enterprise units.
2． Optimize the front-end electronic file to help the whole process of online case handling. Realize the automatic generation of complaints in 20 types of civil and commercial cases such as private lending disputes, and provide data support for smart trials such as focus intelligent induction and automatic document generation.
3． Improve the efficiency of online case filing and review. Strictly implement the provisions of the Shandong Provincial High People's Court on the whole process of online case handling, control the time limit for case filing and review, and in principle complete the review of the online case filing application submitted by the parties on the same day and feedback the results of the review, compressing the average review time to less than 3 days.
4． Strengthen the enforcement of online case filing, and implement the "one-click application for enforcement". There is no need for the parties to submit effective legal documents and effective certificates, so that the parties' online application for enforcement of the case is automatically generated through information backfilling, and the effective legal documents can be automatically captured.
5． Increase the application of "mitigation and exemption" measures for litigation fees of parties in difficulty. The application for "mitigation and exemption" of litigation fees submitted by the parties online shall be reviewed within 7 days, and the "mitigation and exemption" measures shall be taken against the litigation fees of the parties in difficulty in accordance with law.
6． Create an intelligent 3D evidence information management system to solve the difficulties of storing, managing, and transferring court physical evidence. Realize the comparison of digital evidence online technology, smooth the electronic evidence docking process of higher and lower courts, and improve the level of intelligent paperlessness of the whole process.
7． Develop an inquiry system for judges' case-handling cooperation units. Help information inquiries be real-time and accurate, improve case-handling efficiency, and shorten the preservation cycle.
8． Improve the wisdom of the review committee and improve the efficiency of the deliberations of the review committee. Construct and improve a standardized and intelligent intelligent review committee system, open up the last 100 meters of paperless office, and realize the whole process of trial business paperless case handling.
9． Establish a cross-network trial control platform. Completely implement standard Internet court functions such as court hearings, transcripts, evidence, and real-time viewing of files.
10． Increase the number of Internet courts, so that all courts have Internet court functions. Make full use of information technologies such as cloud storage, face recognition, speech recognition, electronic signatures, and data interoperability to improve the online litigation experience of the parties, so that more parties choose to participate in the trial through the Internet without leaving their homes.
11． Improve the electronic delivery system. Realize the full use of electronic service of procedural documents, and increase the applicability rate of electronic service of judgment documents.
12． Vigorously promote the "Internet + assessment and appraisal". Realize the online transfer of appraisal materials, real-time monitoring of entrusted nodes, and online viewing of appraisal reports, improve appraisal efficiency, increase the online commissioned appraisal rate to more than 95%, and shorten the average appraisal cycle of civil and commercial cases in the city's courts to less than 30 days.
13． Strengthen the dynamic management of appraisal bodies. Establish a blacklist system for appraisal bodies, formulate measures for the evaluation and management of alternative forensic appraisal bodies, strengthen supervision and management of alternative appraisal bodies, further restrict appraisal bodies' professional conduct, and further improve the quality of appraisals.
14． Further advance the diversion of complicated and simple cases. Implement a system to automatically identify complex and simple cases, realize automatic random division of cases based on the principle of separating complexity and simplicity, and organically integrate with the reform of the trial team, strengthen the mechanism of expedited adjudication of simple cases and expedited trial of general cases, further shorten the time limit for handling civil and commercial cases, and maintain the average trial time within 60 days.
15． Truly strengthen the management of trial limits for civil and commercial cases. Strictly review and approve changes in trial limits, ensuring that the number of postponed hearings in cases that apply ordinary procedures does not exceed two times, and minimizing the number of hearings by parties. Further strengthen the management of the "simplification and generalization" of procedures for first-instance civil and commercial cases, and maintain the application rate of summary procedures for first-instance civil and commercial cases at more than 83%.
16． Further promote the disclosure of judgment documents of the city's courts. The coverage and timeliness of online disclosure of judgment documents ensure that the number of judgment documents disclosed online is at the forefront of the province, and ensure that parties can promptly consult case judgment documents through the China Judgment Documents Network.
17． Vigorously promote live broadcasts of court hearings and information disclosure. The publicity rate of live trial broadcasts should reach more than 15 percent, and social supervision should be better accepted. Continue to do a good job of information disclosure in the trial process, ensuring that the effective disclosure rate reaches more than 95%, so that parties can obtain all process node information in civil and commercial cases through the Internet.
18． Assist the Shandong Provincial High People's Court in completing the construction of an online case-handling platform for securities disputes. Actively promote the integrated online handling of case filing, announcement, declaration, trial, etc., and formulate the Provisions on the Model Judgment Mechanism for Securities Disputes to further improve the model judgment mechanism and protect the rights and interests of small and medium-sized investors.
19． Establish a representative litigation system for securities misrepresentation cases. Formulate the "Operational Guidelines for Litigation Procedures for Representatives of Securities Disputes", make full use of the online platform for handling securities disputes, and create a brand of representative litigation system for securities misrepresentation cases in Qingdao.
20． Strictly distinguish between economic disputes and economic crimes, and clarify the boundaries of criminal liability. Issue the "Answers to Questions on Judicial Practice in Cases of Job-Related Crimes and Mass-Related Economic Crimes", reasonably defining the criteria for criminalizing economic crimes, strictly distinguishing between economic disputes and economic crimes, and clarifying the boundaries of criminal liability; further clarifying the rules and basis for ordering the return of compensation in economic crime cases and recovering the property losses of the infringed entities in accordance with law.
21． Strictly protect the legitimate rights and interests of private enterprises and entrepreneurs. Jointly with the Qingdao Municipal Public Security Bureau and the Qingdao Municipal People's Procuratorate, the "Guidelines on Regulating the Release on Guarantee Pending Further Investigation by Responsible Persons of Private Enterprises in Criminal Proceedings" is to prudently use custodial criminal compulsory measures for responsible persons of private enterprises in accordance with law, and to standardize the application of the system of release on guarantee pending further investigation to responsible persons of private enterprises suspected of committing crimes.
22． Strengthen the management of assets involved in the case. Formulate the "Provisions on the Management of Assets Involved in a Case", proposing rules for the receipt, custody, and disposal of assets involved in a case, and that the ownership of the assets involved in the case transferred in criminal proceedings must be clearly defined, and the opinions and basis for their disposal must be clarified; for improperly seized assets involved in the case, they should be refused to be accepted and flowed into the trial process and promptly disposed of by the seizing organs; where property belonging to the victim or the defendant's property that is not involved in the case is lawfully determined, it shall be returned in accordance with law, and on the premise of ensuring the normal progress of criminal proceedings, Minimize the adverse impact of suspected crimes committed by the responsible persons of private enterprises on the development of private enterprises, and ensure the healthy development of the private economy.
23． Promote full coverage of the "three-in-one" mechanism for intellectual property adjudication. Strengthen the guidance of grass-roots courts with intellectual property jurisdiction, strengthen coordination and communication with the Qingdao Municipal People's Procuratorate, and actively cooperate with the Shandong Provincial High People's Court to promote centralized jurisdiction over the approval and prosecution of intellectual property criminal cases.
24． Actively apply punitive damages and launch typical cases. After the Shandong Provincial High People's Court issued the adjudication guidelines for the application of the intellectual property punitive damages system, it actively organized relevant study and training for courts at both levels in the city to unify adjudication standards.
25． Strengthen the criminal protection of intellectual property rights and crack down on infringements at the source. Through the results of individual adjudications, actively guide the right holder to stop the infringement from the source. Strengthen the connection between criminal and civil procedures for intellectual property rights, and promote the establishment of an all-round protection system.
26． Establish a diversified technical fact-finding mechanism with technical consultation, expert jury, expert assistance, and technical appraisal as important components. The Standing Committee of the National People's Congress is requested to appoint technical experts involved in mechanical, physical, chemical, pharmaceutical, marine and other fields to become expert jurors, and as members of the collegial panel, they are deeply involved in important litigation activities such as case trial, on-site investigation, and evidence preservation, so as to promote the efficient and accurate development of technical fact clarification in technical cases.
27． Give play to the function of the circuit court of the free trade zone. Set up a foreign-related trial circuit court in the Qingdao area of the China (Shandong) Pilot Free Trade Zone to facilitate litigation, resolve disputes and disputes, and help the free trade zone create an international, market-oriented and rule-of-law business environment.
28． Actively serve and guarantee the construction of the "Belt and Road" and help Qingdao build a new highland for opening up to the outside world. Released the white paper and typical cases of qingdao court service guarantee "Belt and Road" construction, put forward relevant suggestions for promoting the construction of the "Belt and Road" rule of law, and provided reference for Chinese and foreign market entities to prevent legal risks.
29． Raise the level of informatization in bankruptcy trials. Continue to implement the procedures for handling bankruptcy cases online, such as online filing of bankruptcy cases, online service, online holding of creditors' meetings, and online auctions, and raise the level of informatization in bankruptcy trials. Put forward rationalization suggestions to promote the optimization of the Supreme People's Court's bankruptcy reorganization case judges' work platform, launch the Qingdao Intermediate Court's smart bankruptcy platform, solve problems such as the payment of bankruptcy case fees, and optimize the relevant functions of online handling of bankruptcy cases.
30． Deepen online inquiry to improve the realization value of property. Apply the relevant provisions on online inquiry of the bankruptcy estate, and apply the inquiry measures in bankruptcy cases where the online inquiry can be applied to increase the realization value of the debtor's property. The supervisor and manager shall give priority to the sale of the overall auction to improve the recovery rate of the bankruptcy estate and reduce the cost of enterprise bankruptcy.
31． Compress the bankruptcy cycle. Use the bankruptcy network management platform to monitor the backlog of bankruptcy cases in real time, supervise and urge them in a timely manner, and settle them all as soon as possible. Formulate relevant provisions on the application of summary procedures for handling bankruptcy cases, and make full use of summary procedures to try relevant bankruptcy cases. Continue to divert the complexity and simplicity of bankruptcy cases, promote the application of summary bankruptcy procedures, and improve the efficiency of bankruptcy trials. Formulate a simple periodic table for the trial of simple cases, use the form of T+ N to indicate each time limit node, implement "one person and one table for one case", and continuously improve the quality and efficiency of bankruptcy handling.
32． Improve the dynamic assessment mechanism for bankruptcy administrators. Strictly implement the shandong provincial high people's court bankruptcy case management selection and management measures, use the Qingdao Intermediate Court bankruptcy wisdom platform to improve the dynamic assessment mechanism of bankruptcy administrators, conduct scientific evaluation of managers, encourage and constrain managers to perform their duties in accordance with law, diligence and faithfulness, and continuously improve the level of the management team.
33． Improve the pre-reorganization system for bankruptcy cases. Explore the application of the pre-reorganization system in eligible bankruptcy cases, summarize the relevant experience of successful cases of reorganization, and publicize and promote it.
34． Promote the government-academy linkage mechanism. Promote the substantive operation of the government-court linkage work mechanism, strengthen the docking with relevant departments, and promote the bankruptcy disposal of enterprises. Establish a joint meeting mechanism with the Qingdao Bankruptcy Administrators Association.
35． Do a good job of bankruptcy trials during the epidemic prevention and control period. Achieve both epidemic prevention and control and bankruptcy trial, promote, summarize and publicize relevant typical cases, safeguard the legitimate rights and interests of relevant entities in accordance with the law, and ensure the overall situation of epidemic prevention and control and the high-quality development of the city's economy.
36． Further standardize judicial sealing, seizure, and freezing. Strictly implement the Shandong Provincial Higher People's Court's "Work Guidelines on Regulating the Sealing, Seizure, and Freezing of Property", further standardize the measures for sealing, seizure, and freezing in civil enforcement, safeguard the lawful rights and interests of the parties, and strictly prohibit arbitrary sealing and seizure in excess of standards.
37． Carry out special activities to review the "basic solution to the difficulty of implementation". Regularly carry out the "Blue Storm" execution action, build the Qingdao execution brand, and tell the story of Qingdao execution.
38． Strengthen network inspection and control systems and network personnel construction. Improve the "Blue Shark Judicial Investigation and Control System", gradually realize the online inspection and control of real estate, vehicles, provident funds and other properties; establish a joint investigation linkage mechanism for grid members. Give full play to the advantages of the city's community grid members in checking people and finding things, and improve the efficiency of execution.
39． Carry out special enforcement actions for debt cases involving finance and small and medium-sized enterprises. Regularly organize forums on financial-related cases, vigorously promote the construction of a comprehensive mechanism for diversified resolution of financial disputes, increase the enforcement of financial cases, protect financial claims, and maintain financial security. Carry out special enforcement actions for debt cases of small and medium-sized enterprises to protect the realization of the rights and interests of the parties to win the lawsuit.
40． Carry out special enforcement actions involving party and government organs and state-owned enterprises in arrears to private enterprises. Improve the implementation process for cases involving party and government organs and state-owned enterprises defaulting on private enterprises, adhere to the work principle of "doing everything should be done", promptly report the progress of work to the Qingdao Municipal Party Committee, the Municipal Government, and the Municipal Political and Legal Committee of the Municipal Party Committee, and promote the conclusion of cases; formulate regulations on the management of the relevant time limits for the implementation of case funds, and ensure that the case funds are issued to the parties in a timely manner.