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Saving Judicial Resources and Improving Case-Handling Efficiency The Sichuan Luzhou Intermediate People's Court sounded the first hammer of the sole trial of second-instance cases

author:Cover News

On the afternoon of January 11, the Luzhou Intermediate People's Court applied the revised Civil Procedure Law of the People's Republic of China and heard a case of confirming labor relations dispute alone. It is reported that since the implementation of the newly revised Civil Procedure Law on January 1, 2022, the Luzhou Intermediate Court has heard a second-instance case by a single judge.

Saving Judicial Resources and Improving Case-Handling Efficiency The Sichuan Luzhou Intermediate People's Court sounded the first hammer of the sole trial of second-instance cases

The scene of the trial

The confirmation of the labor relationship dispute case was filed on January 4, 2022, and after receiving the case, the undertaker Judge Li Ye held that the case was concluded in the first instance using the summary procedure, the facts were clear, the relationship between rights and obligations was clear, and it complied with the relevant provisions of the newly revised Civil Procedure Law on the application of the intermediate people's court to the single trial.

Saving Judicial Resources and Improving Case-Handling Efficiency The Sichuan Luzhou Intermediate People's Court sounded the first hammer of the sole trial of second-instance cases

Excerpts from the trial transcript

Previously, at least three people were required to form a collegial panel for the trial of second-instance cases, and because the trial arrangements between judges needed to be coordinated, and collegial cases needed to be coordinated, the litigation cycle of the parties from filing to hearing and judgment was relatively long. The new trial model applies a single trial to eligible second-instance cases, which not only saves judicial resources, but also improves trial efficiency and reduces the litigation burden of the parties.

On December 24, 2021, the 32nd Session of the Standing Committee of the 13th National People's Congress deliberated and adopted a decision to amend the Civil Procedure Law of the People's Republic of China, amending Article 40 of the Civil Procedure Law of the People's Republic of China to Article 41 and adding a paragraph as the second paragraph: "In a second-instance civil case in which the Intermediate People's Court concludes the first instance application of the summary procedure or appeals against the ruling, the facts are clear and the relationship between rights and obligations is clear, and with the consent of both parties, It may be heard by a single judge. The revised Civil Procedure Law came into force on January 1, 2022.

Dou Xuexia Cover news reporter Xu Qing

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