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shanghai courts campaign of “refunding to the winning party” ed among the most anticipated practical programs for the people 
[2022-02-24]

 

 

    2022年2月24日,上海市委依法治市办公室召开新闻发布会,通报2022年人民群众最期待的法治为民办实事项目相关情况。上海市高级人民法院党组成员、副院长张斌受邀出席新闻发布会,对上海高院入选的“胜诉退费”工作作介绍,并就“当事人若在诉讼中胜诉,何时向法院申请胜诉退费?哪些案件能够退费?”等问题回答记者提问。
    2021年6月起,上海法院开展“胜诉退费”专项整改活动。在活动开展的一个多月时间内,全市各法院共清理并完成退费案件9.33万件,退费金额合计3.81亿元。“胜诉退费”工作取得初步成效。为落实好已有成果,上海法院将“胜诉退费”作为2022年为民办实事项目持续推进,继续采取以下举措:一是畅通退费渠道。全市法院诉讼服务中心设置退费专窗,安排专人负责提供退费相关规定的政策咨询、收转退费申请书等。二是制定工作规范。出台上海法院“胜诉退费”相关工作规范,进一步明确退费的释明告知、退费途径、退费催办、费用追缴等工作流程。让法院退费工作有章可循。三是加强技术保障。在上海法院诉讼服务网、“上海移动微法院”微信小程序、“上海法院12368”微信公众号等在线平台开展退费工单催办业务,方便当事人及时了解退费进展情况。升级改造法院审判系统中退费相关模块,实现银行账号自动导入审判系统;增加“应退未退”及“超期未退”提醒功能,增加批量退费相关功能,方便办案人员一键批量退费,有效提升退费效率。全面实现退费工作从立案、审判直至结案全流程无纸化办理。四是加强考核督查。将退费情况纳入部门考核、干警绩效考核范围。市高院定期组织督查,杜绝应退未退、延迟退费情况,对逾期仍未整改到位的,存在违规违法退付情形的,及时启动追责问责程序。
    张斌表示,“胜诉退费”是一项长期工作,上海法院将进一步提高政治站位,回应人民群众需求,在建章立制、规范流程、加强保障的基础上,巩固和扩大“胜诉退费”为民办实事项目成效,形成“主动退费、实时提醒、一键操作、全程监管、智慧联动”的“胜诉退费”工作新常态,努力争取在全国法院系统率先解决“不及时退还诉讼费”问题,增强人民群众的获得感和满意度。

    张斌在回答记者提问时介绍,法院判决生效后,胜诉当事人即可联系案件承办法官向法院申请退还预交但不应负担的诉讼费用。同时,相关案件调解、撤诉的,当事人也可向法院申请退还诉讼费用。诉讼费用,指当事人进行民事诉讼、行政诉讼,依照国务院《诉讼费用交纳办法》的规定,向法院预交的案件受理费。
    上海法院退费渠道目前主要有两个。一是线下方式,全市法院在诉讼服务中心设胜诉退费服务专窗,安排专人负责提供退费相关规定的政策咨询、收转退费申请等,同时为老年人、残障人士等特殊群体以及其他来访当事人提供退费便利。二是在线方式,当事人登记立案时,法院通过法律释明,指导当事人准确、如实填写胜诉退费银行账号确认书并签名确认,当事人胜诉后,可通过上海法院诉讼服务网、“上海移动微法院”微信小程序、“上海法院12368”微信公众号等在线诉讼服务平台,联系案件承办法官催办退费。承办法官会尽快完成办理,并以12368短信或在线平台推送的方式向当事人回复退费办理情况。
    新闻发布会上,上海市司法局公布了2022年上海法治为民办实事活动十大市级重点项目和十大区级重点项目等共计70个项目。

 On February 24, 2022, the Rule of Law Office of the CPC Shanghai Municipal Committee held a press conference to brief the most anticipated programs for 2022 that aim at benefiting people in the area of rule of law. Zhang Bin, member of the Party Leadership Group and vice president of the Shanghai High People’s Court (SHPC), was invited to the press conference, where he introduced the campaign of “refunding to the winning party” proposed by the SHPC and answered questions from reporters such as when the winning party can apply for a refund and for what cases a refund can be applied.

From June 2021, the courts in Shanghai launched the special campaign of “refunding to the winning party”, which lasted for more than one month. The campaign went quite well as 93,300 cases were handled, with a total amount of 381 million yuan in refund. To consolidate the achievements made, the courts in Shanghai decided to list the campaign as a practical program for the people and continue to promote it in 2022. The following measures will be taken: 1. Ensuring a smooth channel for the refund. A special window for refunds will be set up in the litigation service center of each court of Shanghai, and special personnel will be assigned to provide consultation on the refund policy, collect or transfer the application form for a refund, etc. 2. Formulating work norms regarding the campaign. The courts in Shanghai should formulate work norms regarding the campaign of “refunding to the winning party”, under which they should provide explanation and notification about the refund, specify how people can get a refund, or urge a refund to be made, or press for payments, so that the courts will follow them when handling a refund. 3. Strengthening technical support. The refund operation is made available at online platforms such as www.hshfy.sh.cn, the WeChat applet of “Shanghai Mobile Micro Court”, and the official account of “Shanghai Court 12368” on WeChat, keeping the parties concerned up to date with the latest refund status. The refund-related modules in the courts’ trial system will be upgraded and transformed to realize the automatic import of bank accounts into the trial system; reminders of “outstanding refund” and “overdue refund” and the function of bulk refund will be added to help improve the efficiency of refund work. No paper will be used in the whole refund process, from filing, trial, to closing. 4. Enhancing assessment and supervision. Refund handling will be part of the performance assessment for departments and all of the judges, court staff, and judicial personnel. The SHPC will inspect regularly to prevent outstanding or delayed refunds. Officials will be held accountable should they fail to implement the campaign within the time limit or refund in violation of laws and regulations.

According to Zhang Bin, “refunding to the winning party” is a long-term task, and the courts in Shanghai will further improve their political standing and work to meet the needs of the people. By establishing rules and regulations, standardizing the procedures, and strengthening guarantees, the courts will consolidate and expand the outcome of the campaign. They will strive to develop a new pattern featuring “active refund, real-time reminder, operation by one click, full-process supervision, and intelligent linkage”, and take the lead in the national court system to solve the problem of untimely refund of litigation fees, thereby enhancing the people’s sense of gain and satisfaction.

When answering questions from the reporters, Mr. Zhang said that after a decision made by a court takes effect, the winning party can contact the presiding judge and apply for the refund of the prepaid litigation fees which should not be borne by it. The party may also apply for a refund of the litigation fees in the case of mediation or withdrawal. Litigation fees refer to the amount of money paid by the parties involved in a civil or administrative litigation to the court in advance in accordance with the State Council’s Measures for the Payment of Litigation Fees.

The courts of Shanghai currently provide two refund channels. One is offline: a special window for refunds will be set up in the litigation service center of each court in Shanghai, and special personnel will be assigned to provide consultation on the refund policy, collect or transfer the application for a refund, etc.. Convenience will also be provided to the vulnerable group such as the elderly and the disabled, as well as other visitors to courts. The other is online: when a party has its case registered and filed, the court will guide the party, through legal explanations, to accurately and truthfully fill in the bank account the refund will go to and sign its name as confirmation. After the party wins, it can contact the judge for a refund through online platforms such as www.hshfy.sh.cn, the WeChat applet of “Shanghai Mobile Micro Court”, or the official account of “Shanghai Court 12368” on WeChat. The judge will handle as soon as possible and inform the party of the refund status through SMS (12368) or online platforms.

At the press conference, the Shanghai Municipal Bureau of Justice announced a total of 70 practical programs for the people for 2022, including ten major ones at the municipal level and ten major ones at the district level.

 Ten Most Anticipated Practical Programs for the People at the Municipal Level  for 2022. docx

 Other Practical Programs for the People  (12 on the Municipal Level) for 2022. docx


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The English version of this article, which is translated from the Chinese version by CTPC, is for reference only and shall be subject to the corresponding contents on the Chinese webpage.
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