People's Daily | There is a case to stand up to better protect the masses' right to complain
Author:Gansu Provincial Higher People Time:2022.08.05
Core reading
The filing is the prerequisite for trials, the general switch of the litigation procedure, and the case in accordance with the law is the beginning of fair justice. Since the people's court's comprehensive implementation of the registration system, civil, administrative, and implementation cases have been faster than the cases such as civil, administrative, and implementation.
The Fourth Plenary Session of the Eighteenth Central Committee of the Party proposed that the case acceptance system of the reform of the courts, the review system of the case of the case was registered, and the cases that the people's court should accept according to law can make a case, it must be reasonable, and to protect the parties' right to complain. On May 1, 2015, the people's court fully implemented the registration system for registration, so that there must be a case and a complaint.
Prior to this, my country's courts implemented a case review system. From "review" to "registration", although there are only two words, it means that my country's judicial field has opened a resolute, thorough, and profound reform, which represents a major change in the case acceptance system of my country's courts. The problem of "difficulty in setting up cases" has become history. Recently, the Supreme People's Court held a press conference to introduce the effectiveness of the people's courts since the 18th National Congress of the Communist Party of China.
Carry out special inspections, normal supervision, and cross -examinations,
Resolutely prevent the problem of "difficult to file a case" rebound back to the tide
"Since the reform of the registration system, people's courts at all levels have received the case that complies with the laws and regulations and the elements of elements, and the case is registered on the spot. If the complaint and materials submitted by the parties do not meet the requirements, the one -time written notification will be corrected within the specified period. If it cannot be determined on the spot whether it is compliant with the law, it cannot be decided within the time limit of the law, and the case will be filed first. "Qian Xiaochen, the president of the Supreme People's Court, the director of the litigation service center, introduced that the case of civil, administrative, and enforcement case filing channels for case filing channels More smoothly, problems such as "inconsistent cases, confessed, delaying cases, and raising thresholds" have basically been solved. From "review" to "registration", cases that should be accepted by law will open the door.
It is understood that as of June 30 this year, a total of 13,837,700 cases were registered in the national courts, of which 93.0625 million civil institutions, 1.8789 million administrative first instance, 133,300 criminal prosecutions, 108,500 state compensation, and 43.188 million for the first time. The average number of cases in the national courts reached 95.7%on the spot, and Tianjin, Shanghai, Zhejiang, Fujian, Chongqing, Yunnan and other places for the filing rate exceeded 98%.
Qian Xiaochen introduced that in order to ensure that the reform of the registration system has really been effective, since 2015, the Supreme People's Court has guided the national courts to adopt special inspections, normal supervision, cross -inspection and other methods to strengthen tracking and supervision, resolutely prevent the "difficulty in file cases" rebounding. Back to the tide. In 2021, the Supreme People's Court held a special meeting in response to the issue of not setting a case at the end of the year and delaying the case. Pain, difficulty, and blocking problems. According to the people's court's departure warning system, in December 2021, the number of cases in the national court increased significantly, an increase of more than 1.34 million compared with December 2020, an increase of 104.16%year -on -year.
Implement the cross -domain file linkage mechanism,
The case can be standing nearby, more points, and running less.
Not long ago, a suspension project contracted by the Dalian Wang of Liaoning in Tianjin Port may face millions of yuan in losses. In order to avoid losses, the Tianjin Maritime Court was urgently needed to preserve the property and equipment on the spot, but at the time, Wang was in Dalian and had no time to rush to Tianjin. So he hurried to the Dalian Maritime Court for help. The Dalian Maritime Court's Founding Division passed the cross -domain filing service. It took only ten minutes to help him complete the case in the Tianjin Maritime Court, which solved Wang's urgent urgency.
"The people's court has achieved a full coverage of cross -domain filing services. The parties can choose any court or the people's court nearby to apply for cross -domain filing to effectively reduce the voyage of round trip." Measures, in 2019, the Supreme People's Court deployed cross -domain filing services in the national courts, comprehensively promoting the establishment of a cross -domain file linkage mechanism with the nearest acceptance of applications, unchanged jurisdictions, and data flowing online. You can stand up and run less.
At present, the people's courts at all levels and more than 10,000 people's courts connect to form a "filing and collaboration network" to provide the masses with a "off -site acceptance, no differential handling" filing service. As of the first half of this year, the national courts provided 154,000 cross -domain filing services.
"The people's court actively responded to the demand for many levels and diversified cases in the new era, and established and improved the new and diversified new model of registration and filing the case, such as on -site filing, self -service cases, online filing cases, tour cases, mailing cases, and 12368 hotline filing." Qian Xiaochen introduced that now, 100%of the national courts use the "People's Court Online Services" applet, and the mobile phone "handling the case" to achieve full coverage of the four courts and the full coverage of the main case type. Since the platform is launched, the total number of visits has reached more than 2.7 billion times. On average, 41 cases have been filed online per minute. The new model of "households can file a crime" and "not running a case at a time" allows the parties to fully enjoy the convenience brought by the construction of the smart court. According to reports, in some areas with high mountain high roads and inconvenient transportation, the people's court provides services such as "Back Judge", "Belong Judge", and mobile car courts, etc., to provide services such as touring cases and on -site cases to open up the "last mile" to serve the masses. , Let the convenient and efficient filing service benefit from various types of lawsuits.
Build a "court+society" diversified dispute resolution system,
Taking the non -litigation dispute resolution mechanism in front
"During the implementation of the reform of the registration system, we deeply realized that the people's court was a trial authority that resolved contradictions and disputes and resolved the demands of the masses. Litigation was an effective means to resolve conflicts and disputes, but not the only means." Qian Xiaochen said. The people's court adheres to and develops the "Maple Bridge Experience" in the new era, adheres to the non -litigation dispute resolution mechanism, strengthens people's mediation, administrative mediation, judicial mediation linkage, strengthens non -complaints and litigation docking, and promotes a large number of contradictions and disputes in accordance with the law and timely and efficient resolution of resolving in accordance with the law. Before the complaint.
Especially since 2019, the people's court has vigorously promoted one -stop diversified dispute settlement and the construction of the litigation service system. From the traditional trial, to the front end of the dispute, the construction of the "court+social" diversified dispute resolution system, enriching the masses' choice The "menu library" that resolves disputes in a suitable channel, and uses the role of judicial participation, promotion, standardization, and guarantee in social governance.
In 2020, the number of lawsuits accepted by the national courts declined for the first time since 2004, especially the first decline in civil litigation cases continued to increase by 15 years.
Recently, the judge of the Chaoyang District People's Court of Beijing successfully resolved a case of cross -regional private lending disputes through online mediation. It turned out that one party was in Beijing and one party was in Hubei. If both sides have to come to Chaoyang District People's Court according to the traditional model. Relying on the online mediation platform of the people's court, the two parties to the case of the case of the case for mediation. After more than 4 hours of online communication and coordination, the two parties finally reached a mediation agreement.
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 far away from thousands of miles can resolve disputes in a timely manner without going round trip. In 2021, the online mediation volume exceeded 10 million pieces; in the first half of this year, the online mediation volume exceeded 5.725 million. In the first half of this year, an average of 46,800 disputes per working day to mediate on the mediation platform of the people's court. 57 successfully resolved each minute before the complaint. The average mediation time was 12 days. /3.
In addition, the people's court deepen the practice of "Internet+Maple Bridge Experience" and promote the people's court mediation platform to enter the country, community, and grids. Wait for the power of solution to the grass -roots resolution service network covering the city, town, villages, and key industries, and provide services such as conflict prevention, legal consultation, dispute resolution, video mediation, etc., to facilitate the "door" of urban and rural people to resolve disputes.
Source: People's Daily
Editor: Ji Xueyong Ma Jianwei Editor: He Yuxin
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