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从2019年09月1日至2019年11月30日，上海法院共审结一、二审商事、金融案件 2083件，结案率为0%，结收比为10.99%，审限内结案率为 99.28%。一审案件平均审理用时69天 ；二审案件平均审理用时62天 。
From September 1, 2019 to November 30, 2019, Shanghai Courts have accepted 18961 commercial and financial cases of different types, with the average time from filing to acceptance being 4 days.
|Court||the average time from filing to acceptance||Court||the average time from filing to acceptance|
From September 1, 2019 to November 30, 2019, Shanghai Courts have tried and concluded 2083 commercial and financial cases, which makes up 10.99% of cases accepted in the corresponding period，and 0% of all cases accepted in the corresponding period and unconcluded in the last statistics period. Among the concluded cases, 99.28% are dealt within the designated trial period.The average trial period for first instance cases is 69 days; the average trial period for second instance cases is 62 days.
|Court||The settlement rate of the cases accepted in the corresponding period and unconcluded in the last statistics period||The settlement rate of the cases accepted in the corresponding period||The settlement rate within the designated trial period||The average trial period for first instance cases||the average trial period for second instance cases|
From September 1, 2019 to November 30, 2019, Shanghai Courts have enforced 1942 commercial and financial cases,and the average time for enforcement is 58 days.
|Court||the average time for enforcement||Court||the average time for enforcement|
Bankruptcy and Compulsory Liquidation Cases
From September 1, 2019 to November 30, 2019, Shanghai Courts have accepted 92 bankruptcy and compulsory liquidation cases, among which 7 were tried and closed. The average time for trial is 305 days.
|Court||The average time for trial||Court||The average time for trial|
A Comparison of the Bankruptcy and Compulsory Liquidation Cases Accepted and Concluded by the Shanghai Courts in the Last Three Years
Average Time of "Enforcing Contracts"
Opinions of the Supreme People’s Court on Deepening the Reform of People's Courts in All Respects - the Fourth Five-Year Reform Plan of the People's Courts (2014-2018)No. 3  of the Supreme People’s Court
The 18th CPC National Congress has made important strategic arrangements for further deepening the reform of the judicial system from the new level of developing socialist democracy and accelerating the establishment of a socialist country under the rule of law. The Decision of the CCCPC on Some Major Issues Concerning Comprehensively Deepening the Reform adopted at the Third Plenary Session of the 18th CPC Central Committee has determined the main tasks of advancing the construction of the rule of law in China and deepening the reform of the judicial system. The Decision of the CPC Central Committee on Several Important Issues of Comprehensively Advancing Rule of Law adopted at the Fourth Plenary Session of the 18th CPC Central Committee has set the establishment of
I. General Guideline on Comprehensive Deepening of Reform of People's Courts
The general guideline on comprehensive deepening of reform of People's Courts is: by sticking to the goal of making the people feel impartiality and justice in each and every judicial case and consistently adhering to the main line of judiciary for the people and the work of judicial fairness, to work hard to resolve the underlying issues affecting judicial fairness and restricting judicial capabilities, and ensure that people’s courts exercise their jurisdiction independently and impartially in accordance with the law, continuously improve the judicial credibility, and promote the modernization of the country's governance system and capabilities. By 2018, we will initially establish a socialist judiciary power operating system with Chinese characteristics, making it an important part of socialist rule of law system with Chinese characteristic, which provides a strong judicial guarantee for the realization of the "Two Centenary Goals" objective and the Chinese dream of realizing the great rejuvenation of the Chinese nation.
II. Basic Principles Governing Comprehensive Deepening of Reform of People's Courts
To comprehensively deepen the reform of people’s courts shall be in compliance with the following basic principles:
-- Upholding the leadership of the Party and adhering to a correct political direction. Deepening of the judicial reform by people’s courts should always uphold the leadership of the Party, bring into full the role as the leadership core in exercising overall leadership and coordinating all efforts, truly achieve organic unity of leadership of the Party, ruling of the country by the people and the rule of law and ensure that judicial reform always adheres to the correct political direction.
-- Respecting the law of justice and reflecting the attributes of judicial power. To deepen judicial reforms, people's courts should strictly follow the law with which power operates that judicial power serves as the judging and discretionary power, highlight the attribute of central committee power or authority of the judicial power and emphasize the central position of trials in the litigation system so that the results of reforms can fully reflect the independence, neutrality, procedural and final attributes of the judicial power.
-- Promoting reform in accordance with the law and ensuring that the reform
-- Adhering to the overall advancement and emphasizing breakthroughs in key areas. To deepen judicial reform, people's courts should focus on solving the deep-seated issues affecting judicial fairness and restricting judicial capabilities, removing barriers on the part of systems, mechanisms and security. At the same time, people’ courts must distinguish between primary and secondary issues, stress the key point, be problem-oriented and ensure the overall advancement of reform.
-- Strengthening top-level design and encouraging local explorations and practices. To deepen judicial reform, people's courts should strengthen top-level design, make overall plans for major reform projects, and pay attention to the systematicness, integrity and synergy of reform measures. At the same time, people’s courts must respect local initiatives and encourage courts at lower levels to be the first to act and operate pilot projects under unified arrangement and planning by the Central Government,, sum up the pilot experience in a timely manner and promote institutional innovation.
(I) Establishing a judicial jurisdiction system that is appropriately separated from administrative division
To establish the system of operation of socialist judicial power with Chinese characteristics, it is necessary to proceed from the requirements of safeguarding the unification of the country’s legal system and reflecting the fairness of the judiciary, and to explore and establish a judicial jurisdiction system that ensures that people’s courts independently and fairly exercise their judicial power according to law. By the end of 2017, a scientific and rational system of judicial jurisdiction with orderly coordination for ensuring impartiality shall have initially formed.
1. Setting up circuit courts of the Supreme People’s Court. The Supreme People's Court establishes circuit courts to hear major civil and commercial affairs and administrative cases across administrative divisions in order to ensure that national laws are uniformly and correctly implemented. The system of graded jurisdiction over major civil, commercial and administrative cases across different administrative divisions shall be adjusted, to realize orderly coordination with the scope of jurisdiction over cases by the Supreme People's Court.
2. Exploring the establishment of courts across different administrative divisions. Under the principle of scientificity, streamlining, high efficiency and benefiting realization of judicial impartiality, exploration shall be made for establishing courts across different administrative divisions, to develop a pattern of legal proceedings under which ordinary types of cases are acceptable for trial by courts within the relevant administrative divisions and special types of cases are acceptable for trial by courts across different administrative regions. All railway transportation courts shall be transformed into courts across different administrative divisions, which shall mainly try cases across different administrative divisions, major administrative cases, cases of environment and resources protection, enterprise bankruptcy, food and drug safety, etc that are vulnerable to influence of local factors, cases prosecuted by People's Procuratorates across different administrative divisions, and criminal and civil cases previously acceptable for trial by former railway transportation courts.
3. Promoting the establishment of an intellectual property courts. In accordance with the characteristics of intellectual property cases and the need for trials, exclusive procedures, systems of jurisdiction and rules for trial meeting the law of trial of intellectual property cases shall be established and perfected.
4. Reforming the administrative case jurisdiction system. By means of assigning jurisdiction to courts at higher levels and jurisdiction by designated courts, jurisdiction by intermediary courts and courts at higher levels over administrative cases that are vulnerable to influence of local factors shall be gradually realized. The conditions and procedures for application for retrial of administrative cases shall be standardized.
5. Reforming the maritime case jurisdiction system. The system of maritime justice shall be further rectified.The scope of jurisdiction of maritime courts shall be
6. Reforming the environmental resource case jurisdiction system. Construction of institutions for justice of the environment and resources shall be promoted. The system of jurisdiction over cases in the category of the environment and resources shall be further improved.
7. Improving the public interest litigation jurisdiction system. Exploration shall be made for establishing a system of jurisdiction over cases prosecuted by prosecutorial organs that is in coordination with public interest legal proceedings.
8. Continuing to promote the reform of the court management system. Forestry courts and land-reclamation and-cultivation court shall be brought under the coverage of the national justice management system on a unified basis, in rectification of the system of jurisdiction over cases, and in reform of the system of management of courts by departments and enterprises.
9. Reforming the military judicial system mechanism. The military adjudication system under unified leadership shall be improved, to maintain interests of national defense, to protect the legitimate rights and interests of servicemen, and to crack down on law violations and crimes in accordance with law.
(II) Establishing a trial-oriented litigation system
To establish the system of operation of socialist judicial power with Chinese characteristics, the law of justice must be respected to ensure the court hearing plays a decisive role in protecting the right to lodge complaints, identifying evidence, ascertaining facts, and impartial judgment, and
10. Fully implementing the principle of evidentiary adjudication. The awareness about court trial centralism shall be strengthened. The principle of direct wordage shall be implemented. The system of appearance of witnesses and appraisers in court shall be strictly implemented. The inhibitive and guiding effect of court trial to procedures for investigation and to institution of legal proceedings shall be brought into play. The principle of no punishment in doubtful cases shall be resolutely implemented. The illegal evidence removal rule shall be strictly applied. The scope of illegal evidence and the procedure for removal thereof shall be further defined.
11. Strengthening of mechanisms for judicial protection of human rights: The modern judicature civilization shall be demonstrated, with prohibition of appearance in court of criminal defendants in custody and criminal appellants wearing identification clothes, waistcoats, prison uniforms, etc with labels of regulators to receive trial. Systemic protection of the right to be informed, the right of statement, the right to defense, the right to debate, the right of application and the right of appeal on the part of the parties concerned and other legal proceedings participants in the legal process shall be strengthened. Mechanisms for protecting the rights of lawyers in the practice of law shall be improved, and the judicial concept of equality of the accusing party and the defense shall be strengthened, with prohibition of discriminative security check on lawyers, and with provision of convenience for lawyers to fulfill their duty in accordance with law. Fulfillment of the duty of defense and representation by lawyers shall be protected in accordance with law. The rights of action of lawyers including questioning, cross examination and debate in court trial shall be honored. Judicial supervision over judicial measures and means of investigation restricting personal freedom shall be improved. Prevention and control from the source of extortion of confession by torture and illegal collection of evidence shall be strengthened. Mechanisms for effective prevention and timely correction of cases of unjust, fake and false charges shall be made completed.
12. Perfection of mechanisms for rapid handling of minor criminal cases: Under authorization and supervision by legislative authorities, reform of the procedures for rapid ruling in criminal cases shall be promoted in an orderly manner.
13. Improvement of the system of leniency for acknowledgement of guilt and acceptance of punishment in criminal proceedings: The contentious procedures and punishment standards for and the mode of processing of cases in which defendants voluntarily acknowledge guilt, voluntarily accept punishment, and actively give up ill-gotten gains and pay compensation shall be defined; and mechanisms for diverting cases in which defendants plead guilty and cases in which defendants plead not guilty shall be established, to optimize the distribution of judicial resources.
14. Improving civil litigation certification rules. The leading status of the parties concerned in proof in civil litigation shall be strengthened, and the burden of proof by the parties concerned shall be determined in accordance with law. The conditions for, the scope of and the procedures for investigation and collection of evidence by People's Courts by virtue of their authority of office shall be defined. The system of appearance in court by witnesses and appraisers shall be strictly implemented. The core role of cross examination and attestation during court trial in determining facts in cases shall be brought into play. The standards for applying the principle of high probability shall be made strict, and the conditions for and the scope of exercise of the right of discretion by judges shall be further defined. Only after undergoing cross examination in court trial can all evidence be used as basis for ruling and judgment; and for important evidence which is relatively seriously controversial between the two parties concerned, the reason for whether to adopt it or not must be specified in documents of ruling or judgment.
15. Establishing a trial-process video and audio recording mechanism. The construction of scientific and technological courts shall be strengthened, and synchronous video and audio recording during the whole process of court trial shall be promoted. Systems of management, use and storage of video and audio recordings of court trial shall be established. The scope of and the procedures for live broadcast of court trials with photos and articles, video signals, etc shall be regulated.
16. Standardizing the judicial procedures for dealing with the property involved. Standardization of judicial procedures for disposing of property involved in cases: The standards for, the scope of and the procedures for disposal of property involved in cases by People's Courts shall be defined. Judicial procedures for sealing up, seizing, freezing and disposing of property involved in cases in criminal, civil and administrative proceedings shall be further standardized. Establishment of information platforms for centralized management of property involved in cases shall be promoted, and mechanisms for disclosure of information on property involved in cases shall be improved.
(III) Optimizing the allocation of the authority of office within
In the establishment of the system of operation of socialist judicial power with Chinese characteristics, distribution of the authority of office within People's Courts must be optimized; and mechanisms for mutual inhibition and mutual coordination among all links of case filing, trial, enforcement and trial supervision shall be made complete, with the different functions of trial of first instance, trial of second instance and retrial brought into full play, to ensure independence of trial grades. By the end of 2016, models for the distribution of the authority of office of courts with scientific definition, specific functions and effective operation shall have formed.
17. Reforming the case acceptance system. The case filing review system shall be changed for the case filing registration system; and for cases that shall be accepted by People's Courts for processing in accordance with law, they shall be filed as long as they are in existence, and the suits in them shall be processed as long as they are in existence, to protect the right of action of the parties concerned. Efforts for online disclosure of information on case filing shall be strengthened. Improvement of the litigation fee charge system shall be promoted.
18. Improving the case
19. Improving the level of trial system. The system of graded jurisdiction over civil and commercial cases shall be further reformed, with scientific determination of the scope of jurisdiction over cases by grassroots level People's Courts, and with gradual change of the approach of determining graded jurisdiction over cases mainly by the value of objects of action. The system of assigning jurisdiction to courts at higher levels shall be improved, with definition of the conditions for, the scope of and the procedures for transferring jurisdiction over cases of trial of first instance from courts at lower levels to courts at higher levels. Realization of focusing on settling determination of facts and application of law in trial of first instance and focusing on settling disputes over facts and law in trial of second instance to realize trial of second instance being trial of final instance, and realization of focusing on correction of mistakes in retrial to maintain authority of ruling and judgment shall be promoted.
20. Strengthening the supervision of level of trial. We will strictly regulate the conditions and number of cases of which the higher court remands for retrial and directs retrial, and improve the mechanism for releasing and interpreting the documents of remanding for retrial and directing retrial and for case information feedback. People's courts that handle the second instance, arraignment, application for retrial, and appeal cases should point out in the judgement document the problems existing in the first instance or the original trial, and clarify the reasons for the judgement.
21. Improving the case quality assessment system. We will establish a scientific and reasonable case quality assessment system. We will abolish the assessment indicators and measures that violate the laws of justice and eliminate any form of ranking. We will strengthen case filing for acceptance by statutory deadlines and case closing within the normal period of trial, establish a long-term pending case notification mechanism, and resolutely stop the wrong practice of artificially controlling the closing of the case. Relying on the disclosure of the trial process, judgement document and enforcement information, we will bring into play the role of the case quality assessment system in serving, judging and guiding the judicial fairness of
22. Deepening the reform of judicial statistics. Guided by the concept of “big data, big pattern and big service”, we will reform the judicial statistics management system, create a system of judicial statistics standard with classified science and comprehensive information, and gradually build an empirical analysis model that meets the actual conditions of trials and the law of justice as well as establish a national court judgments library and a national court justice information big data center.
23. Improving the uniform application mechanism of law. We will improve the methods of trial guidance of the Supreme People's Court and strengthen the standardization, timeliness, pertinence and effectiveness of judicial guidance and other trial guidance methods. We will reform and improve the screening, evaluation and release mechanism of guiding cases. We will improve and perfect the working mechanism for ensuring the uniform application of laws by the people's courts.
24. Deepening the implementation of institutional reforms. We will promote the implementation of the pilot system reform that separates judicial power from enforcement power. We will establish the legal system of credit supervision, deterrence, and punishment for dishonest persons subject to enforcement. We will intensify the reform of judicial auction methods and focus on the implementation of an online judicial auction model. We will improve the enforcement system for execution of property-oriented penalty and promote the implementation of property-oriented penalty in a unified criminal execution system.
25. Promoting the improvement of the judicial aid system. We will clarify the conditions, standards and scope of judicial aid, standardize the acceptance, review and decision of judicial aid, and tighten the management and use of funds. We will promote the national judicial aid legislation, and give full play to the positive role of judicial aid in helping people and resolving conflicts.
26. Deepening international cooperation in the judicial area. We will promote the improvement of the judicial aid system and expand the coverage of interregional and international judicial assistance. We will promote the formulation of the criminal justice assistance law.
(IV) Improving the operating mechanism of judiciary power
To establish a system of operation of
27. Improving the trial procedure for the presiding judge and the collegiate bench. We will select judges with good political qualities, strong case handling skills, high professional standards, and rich judicial experience as presiding judges. The trial in the system of sole-judge proceedings will have the presiding judge as its center. The required number of trial assistants will be provided. In a collegiate system trial, the presiding judge will serve as the chief judge. Where all members of the collegiate bench are presiding judges, in principle, the presiding judge who handles the case serves as the chief judge. We will perfect the working mechanism that the president, division-chief judge and members of the judicial committee serve as the chief judge and participate in case trial by the collegiate bench. We will reform and improve the working mechanism of the collegiate bench, clarify the scope of functions of the collegiate bench as a trial organization, improve the joint participation of members of the collegiate bench in cross file review,
28. Improving the responsibility system of cases handling by the presiding judge and the collegiate bench. In accordance with the principle of integration of power and responsibility, we will clarify the case handling responsibilities and conditions of exemption of the presiding judges, the collegiate bench and its members, and achieve effective connection of evaluation mechanism, accountability mechanism, disciplinary mechanism and exit mechanism as well as protection mechanism. When the presiding judge participates in the collegial discussion as the chief judge, he or she has equal power with other members of the collegiate bench, but he or she will be responsible for presiding over court hearing activities, controlling the trial process, organizing case discussions, and avoiding procedural errors. We will scientifically define the responsibilities of the members of the collegiate bench to ensure that they independently express their opinions and clarify the responsibilities of their personal opinions and performance of their duties in the outcome of the case.
29. Perfecting court president and presiding judge trial management mechanism. We will clarify the trial management responsibilities of the
30. Perfecting court president and presiding judge trial supervision mechanism. We will clarify adjudication supervision duties of the court president and the presiding judge in line with their duties and improve the internal control and supervision mechanism. We will improve the presiding judges meeting and professional judges meeting mechanism. We will standardize the supervision mechanism for major, difficult and complicated cases by the president and the presiding judge, establish a filing system for all the instruments formed by the president and presiding judge during the supervision activities. Relying on modern information technology, we will establish a mechanism that follows the trace, is mutually supervised and controlled throughout the procedure and under which the presiding judge and the collegiate bench exercise the trial power and the president and the division-chief judge exercise the supervision power. We will ensure that supervision is not absent, supervision do not offside, supervision is left with records and any one with misconduct will be held accountable.
31. Perfecting the trial management system. We will give play to the role of protection, promotion and service of trial management in enhancing the quality of trials, standardizing judicial actions, tightening litigation procedures, and unifying proceeding standards. We will strengthen the management of the trial process links and further improve the quality assessment of cases.
32. Reforming the working mechanism of the judicial committee. We will properly position the functions of the judicial committee, and strengthen its macro-guidance functions for summarizing trial experience and discussing and deciding major issues for trial work. We will establish a preemptive filtering mechanism for the matters discussed by the judicial committee and standardize the range of cases discussed by the judicial committee. Except for the circumstances stipulated by law and major complex cases involving state diplomacy, security and social stability, the judicial committee mainly discusses the issue on the application of law in cases. We will perfect the rules of procedure of the judicial committee, and establish the signature verification system for meeting materials and minutes of the judicial committee. We will establish a supervision, reply and publicity system for the resolutions of the judicial committee meetings. We will establish the mechanism for performance assessment of members of the judicial committee and the internal publicity mechanism.
33. Promoting the reform of the people's assessors system. We will implement the "multiplication plan" of the people's assessors, broaden the channels and scope of the selection of people's assessors, ensure the participation of the masses in the judiciary, and ensure that the proportion of grass-roots people is no less than two-thirds of the new people's assessors. We will further standardize the conditions for the selection of people's assessors, reform the method of selection and improve the exit mechanism. We will clarify the power of people's assessors in participation in case trial and improve random drawing mechanism. We will reform the fact that jury system will gradually introduce people’s assessors who will no longer hear the issue of the application of the law and only participate in the issue of fact finding. We will strengthen the funding guarantee for people's assessors performing their duties according to law. We will establish a dynamic management mechanism for people's assessors.
34. Promoting the reasoning reform of judgment documents. According to different levels of trials and types of cases, we will divide complex and simple judgment documents. We will strengthen the reasoning for the judgment documents of first-instance case where the parties involved hold objections, the legal relationship is complex and there is much attention from society, and all the cases of the second-instance, retrial and those determined by discussion of the judicial committee. We will use simple judgment documents for the first-instance civil and commercial cases with clear facts, clear rights and obligations and the least disputes between the parties, and the first-instance minor criminal cases with clear facts, verified and sufficient evidences and guilty pleading by defendants. We will improve the judgment efficiency by filling in the elements and simplifying the format. We will attach importance to the defense and agency opinions of the lawyer. If the lawyer's defense and agency opinion has not been adopted admitted according to law, he or she will explain the reason in the judgment document. We will improve the rigid restraint mechanism and incentive mechanism of reasoning of
35. Improving the judicial supervision mechanism against corruption. We will improve and intensify the work of judicial inspections, trial affair supervision and anti-corruption inspectors. We will establish a mechanism for investigating and punishing violations of disciplines by presiding and lower courts under cooperation with higher discipline inspection commissions and higher courts, and achieve orderly integration of discipline inspection and supervision procedures with judge disciplinary procedures. We will establish a record system and accountability system for interrogating cases by court personnel. We will regulate the contact and communication of court personnel with parties, lawyers, special relationships and intermediary organizations according to law.
36. Reforming the letters and visits system involved in lawsuits. We will perfect the working mechanism of separation of litigation and petition, and clearly define the criteria, scope and procedures for the separation of litigation and petition. We will improve the closing mechanism for letters and visits involved in lawsuits, and standardize the order of letters and visits involved in lawsuits according to law. We will establish the local supervision mechanism for accepting letters and visits and be bold in establishing the online letters and visits handling mechanism. We will promote the establishment of the agency by lawyer system for appeal cases. We will explore the establishment of mechanisms for the participation of the third parties in society and intensify diversified joint efforts to revolve contradictions of letters and visits involved in lawsuits.
(V) Building an open, dynamic, transparent and convenient judicial mechanism
The establishment of a socialist judicial power operation system with Chinese characteristics must rely on modern information technology to build an open, dynamic, transparent and convenient judicial mechanism so as to enhance public understanding, trust and supervision on the judiciary. By the end of 2015, the three major publicity platforms that are judicial process, judgement document and executive information of people’s court with complete system, complete information and convenient for use have been formed, and the comprehensive, systematically scientific judicial mechanism oriented by people has also been established.
37. Improving the open trial system. We will establish the publicity and appointment system for trial notice and auditor seat information. The people’s court will give priority to the court which should be adapted to the number of auditors who have been applied to the court with respect to the cases should be heard in public in accordance with the law and are concerned by the society. The conditional courts will set up a media auditorium to give priority to satisfying the needs of the news media.
38. Improving the trial process publicity platform. We will promote the construction of the National Court Affairs website and establish the litigation notice online handling platform and litigation notice website unified by national courts. The construction of China’s trial process information disclosure website will be continue strengthened to improve the mechanism of timely collection and immediate updating of trial information data. The construction of electronization of litigation files will be speeded up. The national courts will be encouraged to
39. Improving the judgement document publicity platform. We will strengthen the website construction of China Judgments Online to improve its function of querying, searching and aggregating information, so as to facilitate the public to effectively acquiring, accessing and copying the judgement documents. In strict accordance with the requirements of “publicity as the principle and non-publicity as the exception”, the judgement document in force that should be published by people's court at four levels in accordance with the law will be published in the China Judgments Online.
40. Improving the executive information disclosure platform. The national courts will be encouraged to publish executive information on the same platform by integrating all kinds of executive information, so as to facilitate the parties to understand the progress of implementation online. Furthermore, we will strengthen the information disclosure about dishonest person subject to enforcement to give full play to their credit disciplinary function and urge the person subject to enforcement to perform the effective legal instruments automatically. We will also enhance the construction of information disclosure system for the person subject to enforcement to facilitate the public to understand the implementation and take the initiative to accept social supervision.
41. Improving the commutation, parole, temporary execution outside prison publicity system. We will improve the conditions suitable for commutation, parole, temporary execution outside prison and the procedures for handling cases, so as to ensure that the relevant cases are handled in open and fair principle. In conjunction with the penal executive and procuratorial organs to promote the construction of an online collaborative handling case platform, the important items and key links in the execution of law enforcement and evaluation of rewards and punishments will be published, shared and recorded on the website, so as to ensure supervision in place from the system and technology. In addition, establishing the information network of commutation, parole, temporary execution outside prison will be our major task to achieve the case filing notice, trail announcement and instruments of the three categories of cases are published online.
42. Establishing judicial public supervision system. We will encourage the public to supervise the judicial publicity and the complaint mechanism and relief channels for violating judicial public provisions will be sound. With fully use of the supervision function of the three major judicial openness platforms, the opinions and suggestions proposed by the public on platform will become the important reference for the trial management, trial supervision and work improvement of people's court.
43. Improving the litigation service center system. We will strengthen the standardization construction of litigation service center to improve the litigant service hall, online litigation service platform and judicial service hotline (12368). We will also establish the online booking for case filing, service, announcement, complaints and other working mechanisms. The remote mediation, petition and other video applications will be vigorously used to further expand the breadth and depth of justice for the people.
44. Improving the people’s court system. We will optimize the regional layout and personnel ratio of the people's court and actively promote the layout form of court oriented by central court and supplemented by community court and circuit trial place. We will also improve the case filing mechanism of people's court s for the convenience of the people according to the actual situation of the jurisdiction and optimize the personnel composition of the people's court. In addition, we will conduct the personnel exchanges between the people's courts, people's courts and other halls of basic people's courts orderly.
45. Promoting the service system reform. We will push the restriction mechanism in which the parties should confirm the address for service and undertake the corresponding legal consequences, and explore the electronic delivery mode under the condition of information promotion so as to improve the efficiency of service.
46. Improving the diversified dispute resolution mechanism. We will further promote the organic connection and coordination of the dispute settlement mechanism and litigation, such as mediation, arbitration, administrative adjudication and administrative reconsideration, thus guiding the parties to choose appropriate dispute settlement methods. In the field of land expropriation, environmental protection, labor security, medical and health, traffic accidents, property management, insurance disputes and so on, we will enhance the construction of industrial and professional dispute resolution organizations to promote the perfection of the arbitration and administrative adjudication system. We will establish a joint working system for people's mediation, administrative mediation, industrial mediation, commercial mediation and judicial mediation, and drive the legislative process of diversified dispute resolution mechanism to establish a systematically and scientifically diversified dispute resolution system.
47. Promoting the implementation of law popularity responsibility system. We will strengthen the consciousness of the law popularity by court, and fully utilize the law popularity function produced from the open trial, reasoning by documents and publication of cases to promote the high unity of the people's court to exercise the judicial function and fulfill the responsibility of law popularity.
(VI) Promoting the normalization, specialization and professionalization of court officials
The establishment of a socialist judicial power operation system with Chinese characteristics must be centered with trial and focused on the judge to promote the standardization, specialization and professionalization of court officials in an all-round way, and strive to improve the professional quality and level. By the end of 2017, the court official management system with a scientific classification, clear division of labor, reasonable structure and conforming to the professional characteristics of justice had been initially established.
48. Promoting the reform of classification management system of court officials. We will establish a separate job sequence for judges with professional characteristics and improve the management system of trial assistant, such as judge assistant, clerk and executor. The proportion of judges and trial assistants will be scientifically determined, and a normal supplementary mechanism for trial assistants will be established in order to effectively reduce the workload of judges. The sources of trial assistants will be broadened to optimize the structure of trial assistants by exploring ways to purchase social services. Additionally, we will explore and promote the judicial police management system, as well as improve the administration system of judicial administrative personnel.
49. Establishing the specified number of judge system. According to the economic and social development, population size (including temporary population), number of cases, type of cases and other basic data in the jurisdiction of the court, we will scientifically determine the specified number of judge in courts at four levels in combination with the functions of the court, workload of the judges, allocation of trial assistant, guarantee conditions for handling case and other factors. The dynamic adjustment mechanism of specified number of judge will be improved as per the number of cases and changes in personnel structure. To ensure that excellent judges remain on the frontline of the trial, we will set up the interim scheme for reform of specified number of judge system in a comprehensive and scientific way, taking into account the factors such as trial performance, business capability, theoretical level and work experience.
50. Reforming the judge elective system. We will set up qualifications of different judges for different levels of court. At the national and provincial level, a Judge Selection Committee, with the participation of judge representatives and social related personnel, will be set up separately to establish an open, fair and just elective procedure to ensure that outstanding legal personnel with good conduct, rich experience and higher professional level become candidates, such that the judge selection mechanism and the statutory appointment and removal mechanism can be effectively linked. We will complete the mechanism in which the newly appointed judges are recruited by the Higher People's Court and serve the Basic People's Court. We will improve the training system for reserved judges in line with the reform of the unified pre-service training system for legal professionals. The age of the newly appointed judge will be appropriately raised. We will establish the working mechanism in which the judge from superior court is selected from the lower court in principle, and perfect the system of appointing outstanding lawyers, legal scholars, and professional legal personnel serving in the legislative, procuratorial and law enforcement departments as judges. Finally, the two-way communication mechanism between court, law schools and legal research institutions personnel will be improved to implement the mutually engagement plan of universities and court officials.
51. Improving the judge performance evaluation system. We will establish a scientific and rational, objective and fair judge performance evaluation system consistent with rules to improve the evaluation criteria, and take the evaluation results as an important basis for the grade promotion and preferential selection of judges. We will also establish the exit mechanism of incompetent judges to improve relevant supporting measures.
52. Improving the on-the-job training mechanism of judges. We will focus on enhancing the judge's ability to handle the trial, apply the law and writing ability of judgement document strictly being oriented by the actual demands, adhering to the classification, grading and all staff training. We will improve the plan preparation, organizational training, tracking management and quality evaluation mechanism of education and training on judge. Furthermore, we will perfect the teaching staff, case base and excellent courseware library and strengthen the construction of judge training institution and on-site teaching bases. The China judge education and training network will also be established to achieve high-quality courseware free online shared by court officials relying on information technology and vigorously promoting online teaching. Efforts will be made to strengthen the training of judges at the grass-roots level and bilingual judges of ethnic minorities.
53. Improving the judge wage system. To implement the provisions in the Judge-made Law, we will research and establish the wage system matching the separate duties of judge.
To establish a socialist judicial power operation system with Chinese characteristics, the various systems will be promoted and improved to ensure that the people's court will exercise judicial power independently and impartially in accordance with the law under the leadership of the Party, to optimize the judicial environment, establish judicial authority, strengthen the occupational security and improve the credibility of the judiciary. By the end of 2018, the system environment and social atmosphere of reliance on justice, respect for justice and support for justice will be promoted.
54. Promoting unified management reform of court officials below provincial level. In line with the relevant departments of the
55. Establishing a working mechanism to prevent the intervention of judicial activities. We will, in accordance with the relevant departments of the Central Government, promote the system for leading cadres to intervene in trial activities and step in records, notifications and accountability for handling specific cases. According to the requirements of recording cases in whole course, the record obligation and responsibility of the judicial organization will be clearly defined, and the leading cadres will be involved in the judicial activities, instructions, letters, records and other information of the specific cases. The mechanism of legal access, storage of media, entry of the special library, and filing for reference will be established, and the relevant information will be stored in the original document about case for access of parties and their agents.
56. Improving the protection mechanism for the judges to perform their legal duties. We will reasonably determine the duties, working procedures and working standards of judges and trial assistants. We will clarify the selection criteria and exemption reasons for different subjects and different types of fault, so as to ensure that judges perform their duties according to law without investigation. Without statutory circumstances, judges shall not be transferred or dismissed, or removed or demoted. We will improve the system of judges' appealing and accusation, establish a relief mechanism for judges' legitimate rights and interests being infringed upon by their duties according to law, and improve the mechanism of false reporting and clarification. At the national and provincial level, the judge disciplinary committee, which is composed of judges' representatives and social related personnel, is set up respectively to make open and impartial procedures for the punishment of judges, not only to ensure that the judge who violates rule and law will be punished in time, but also to guarantee the rights of justification, proof, reconsideration and appeal.
57. Perfecting the judicial authority guarantee mechanism. We will improve the prosecution mechanism for refusing to execute judgments, rulings, contempt of court authority and other criminal acts. We will also promote relevant legal amendments and punish the personnel who destroy evidence materials, court records, legal documents, court facilities in court and have other behavior with seriously contempt of court, as well as have the criminal acts, such as threatening, insulting, tracking, harassing the court officials or their immediate family, etc. in accordance with law.
58. Strengthening the guarantee mechanism of litigation integrity. We will establish the record and punishment system of litigation integrity. In accordance with the law, we will punish the false litigation, malicious litigation and unreasonable repeated-appealing which will be incorporated into the social credit system. We will explore the establishment of suit for damage for victim from false litigation and malicious litigation.
59. Optimizing the external environment of administrative trial. We will improve the system of responding to lawsuits by head of administrative organs, guide and regulate administrative organs to participate in litigation activities. We will also standardize the preparation and submission of judicial proposals to promote the level of law-based administration of government.
60. Perfecting the judge oath system. We will improve the judge oath system. The judges elected or appointed by the NPC at different levels and their standing committees shall make a vow publicly to the constitution.
61. Improving the judicial honor system. We will clearly define the criteria, conditions and procedures for conferring judges and adjudication assistant on different categories so as to enhance the sense of honor and belonging of the judicial profession for court officials.
62. Straightening out the relationship of judicial administrative affairs management of the court. We will scientifically set up judicial administrative affairs administration organ of the People's Court to standardize and unify the responsibilities of management, and to explore the relative separation of the administrative power of the judicial administrative affairs and the judicial power of the court. We will improve the judicial administrative affairs administration mechanism of the higher and lower courts, and make clear the supervisory functions of the judicial administrative affairs administration department of higher courts to the judicial administrative affairs of the lower courts.
63. Promoting the reform of the property management system of people's court. In line with the relevant departments of the
64. Promoting the reform of internal organization in the people's court. In accordance with the scientific, streamlined and efficient work requirements, we will promote flat management and gradually set up the setting model of internal organization in court focusing on service trial.
65. Promoting the information construction of the people's court. We will speed up the construction of “balance project”, focus on integrating existing resources, and promote all kinds of information applications that serve the court and public demands. The coverage rate of the main business information of the Supreme People's Court and the Higher People's Court shall reach 100%, and the Intermediate People's Court and the Basic People's Court shall be more than 95% and 85%, respectively.
IV. Comprehensively Deepening the Work Requirements of People's Court Reform
Comprehensively deepening the reform of the people's court is an arduous task, with great responsibilities and time constraints. The people's courts at all levels shall conscientiously carry out the decision and deployment of theCentral Government, strengthen the organization and leadership, improve the working mechanism, carry out and promote the work in a key, step and orderly way to ensure the actual effect of the reform measures and the achievements of the reform to benefit all the people.
The judicial reform leading group of the Supreme People’s Court is a deliberative, coordinating and guiding institution for the judicial reform of the people’s court. The regular group meeting shall be held to study and determine the key points of the reform, consider the reform scheme, listen to the progress report and discuss the major issues.
The Supreme People's Court will establish the system of information sharing, supervision and examination, and evaluation and summary, to promptly grasp the reform dynamics, strengthen the supervision and guidance, correct the wrong practice, and summarize the successful experience, so that every reform task will be arranged, supervised and inspected, so as to ensure that all the tasks are not broken down.
The Higher People’s Court shall set up a judicial reform leading group to supervise, guide and coordinate the judicial reform of the courts within the jurisdiction. The people's courts at all levels shall establish and improve the system of filing and reporting of judicial reform, and sum up the experience of the reform, report the work progress and reflect the difficulties and problems in time. Where the Higher People’s Court will carry out a pilot project on some of the reform projects, the pilot scheme must be submitted to the Supreme People’s Court for approval, and the pilot scheme for major reform must be submitted to the central government by Supreme People’s Court for approval prior to implementation.
Supreme People’s Court
February 4, 2015
Opinions of the Supreme People’s Court on Further Promoting Division of Complexity and Simplicity for Cases and Optimizing Judicial Resource AllocationNo. 21  of the Supreme People’s Court
To further optimizejudicial resource, improvejudicial efficiency, promotejudicial fairness, reducelitigation cost of the parties and maintain legitimate rights and interests of the masses, the following opinions on further promoting the division of complexity andsimplicity forcases and optimizing the judicial resource allocation are proposed pursuant to the
1. Promoting the division of complexity andsimplicity according to the judicial disciplines. We will hear the simple cases quickly according to the law through the scientific allocation and efficient application of
2. Promoting the screening and division of cases when filing.Local people's court atdifferent levels shall formulate distinguish standard and division rules of simple and complex cases scientifically according to the
3. Improving service procedure and methods. If the parties appoint the service address before the dispute occurs, the people's court may use this address as the confirmation address for serving the litigation documents. When a party sues or replies,the confirmation letter of the service address shall be filled in according to the regulations. Service shall be realizedelectronically.If the parties agree the electronicservice, they shall provide and confirm the electronic service addresses such as fax numbers, E-mail, Wechat ID, etc. We shall make full use of China Judicial Process Information Online and establish a unified electronic service platform for national courts. Improving national postal service shall be delivered by special mailing for court.
4. Giving full play to the advantages of thequick trial procedure in civil cases. According to the provisions of the Civil Procedure Law and its
5. Innovating the fast-tracksentencing mechanism forcriminalcases. We should summarizethe pilot experience of criminal fast-tracksentencing procedure, strengthen connection and cooperation of investigation, prosecution and trial procedure, generalize the establishment offast-track sentencing office at
6. Simplifying trial procedure ofadministrative case.For administrative cases which have been filed but are not in line with the conditions of prosecution, if it is considered that no trial is required after
7. Exploring the way to implement test case.For serial or group civil and administrative cases, we shall select individual or few cases to implement test case first, and handle
8. Carrying out
9. Giving full play to the meeting function before trail. The judge or the judge's assistant under the guidance of the judgeshall preside over the meeting before trial to solve the relevant procedural matters such as checking the identity of the parties, organizing the exchange of evidence catalogues, and starting the exclusionary rule of illegal evidence. For cases that are suitable for mediation, the reconciliation of the parties or the
10. Innovating the way to open a court session. For the civil and criminal cases that are heard for
11. Carrying out the reform of the way of court hearing record. We shall actively develop and useintelligent speech recognition technology to translate voice in the court hearing into words and generate court records, implementthe requirements for fullvoice and video& audiorecording in court hearing, explore and use court hearing audio and video recording to simplify or replace court records of
12. Promoting the reform ofthe way of civil court hearing. For civil cases that areheard for small claims proceedings, it is possible to conduct a court hearing directly around the litigation request, without being restricted by court hearing procedures such as court investigation, court debate, etc. With regard to civil cases with relatively concentrated elements of cases and points of trial, the court order can be determined according to the relevant elements and the litigation request, and the court investigation and court debate shall be carried out synchronously around the controversial elements.
13. Exploring the reform of court hearing methods of confession and
14. Promoting the sentence in the court. For thecivil cases that are heard for thesmall claims procedure and the
15. Implementing the division of complexity and simplicity for judgement document. According to theinstance of court, case type and court hearing, the division of complexity andsimplicity shall be carried out for the system and the structure as well as reasoning of the judgement document. The judgement document of complex cases shall be arguedspecifically around the
17. Promoting the
18. Popularizing professional trial.On the basis of full consideration of judges' handling ability, experience and expertise,the professional trial organizations forhearing categorization cases shall be determined according to different types ofthe cases, and the adjudicatory personnel in charge of hearing simple and complex cases shall be determined according to the complexity andsimplicity extent of the case. We shall promote the standardization construction of handling cases,improve the system of case work, establishjudge rotation mechanism,and improve performance evaluation system to stimulate and maintain the vitality of the trial team.
19. Promoting the
20. Improving diversified dispute settlement mechanism. We shall promote all kinds of governance bodies, such as comprehensive governance organization, administrative organs, people's mediation organizations, commercial mediation organizations, industrial mediation organizations, arbitration institutions and the notary institutions, toplay the role of preventing and resolving contradictions and disputes, improve the construction of platform of dockinglitigation andconciliation, and strengthenorganic connection between litigation and non-litigation dispute settlement to promote the division
21. Giving full play to the role of lawyers in litigation. We shall actively support
22. Guiding the parties to
Supreme People's Court
September 12, 2016
Regulations of the Supreme People’s Court on Issues concerning Disclosure of Trial Procedure Information by the People’s Courts on Line Interpretation No. 7  of the Supreme People's Court
The Regulations of the Supreme People’s Court on Issues concerning Disclosure of Trial Procedure Information by the People’s
The Supreme People’s Court
March 4, 2018
Regulations of the Supreme People’s Court on Issues concerning Disclosure of Trial Procedure Information by the People’sCourts on Line
(Adopted at the 1733th Session of the Judicial Committee of the Supreme People’s Court on February 12, 2018, and effective as of September 1, 2018)
To implement open trial principle, safeguard the right of the parties involved to know the activities associated with the trial, standardize the publicizing of trial information by the people’s courts on line, promote judicial fairness and enhance judicial credibility, the Regulations are hereby formulated in accordance with Criminal Procedure Law of the People’s Republic China, Civil Procedure Law of the People’s Republic of China, Administrative Procedure Law of the People’s Republic of China, State Compensation Law of the People’s Republic of China, etc., by combination with the actual work situation of the people’s courts.
Article 1 The people’s courts shall disclose the trial procedure information about criminal, civil, administrative and state compensation cases to the parties involved in lawsuit, their statutory agents, agents ad litem and defenders on line.
The people’s courts may disclose trial procedure information of cases with significant social influence to the public on line or by other means.
Article 2 The people’s courts shall disclose procedure information associated with trial on line in a legal, standardized and timely manner to make convenient for the public.
Article 3 China Judicial Process Information Online is the unified platform for the people’s courts to disclose trial procedure information. The people’s courts at all levels shall provide link to China Judicial Process Information Online on its own website and open judicial platform.
The people’s courts may proactively push trial procedure information about cases or provide inquiry services to the parties involved in lawsuit, their statutory agents, agents ad litem and defenders by telephone, lawsuit service platform, telephone-voice system, email and other supporting media if possible.
Article 4 The people’s courts shall inform the parties involved in lawsuit, their statutory agents, agents ad litem and defenders of method and notes about obtaining trial procedure information in case acceptance notice,notice of responding to action, notice of participating lawsuit and notice of appearance.
Article 5 ID card number, lawyer practicing certificate number, organization code and unified social credit code are the authentication basis for the parties involved in lawsuit, their statutory agents, agents ad litem and defenders to obtain trial procedure information.
The parties involved in lawsuit, their statutory agents, agents ad litem and defenders shall cooperate with the people’s courts accepting the cases to collect and check identity information and shall reserve the effective telephone number.
Article 6 Where the people’s courts inform the parties involved of responding to action and participating the action and allow the parties involved to participate the actions or deliver the notices to the parties involved through announcement, then after collecting and checking the identy information of the parties involved, the people’s courts shall disclose trial procedure informaiton as stipulated herein.
The people’s courts will no longer disclose the trial procedure information to the parties involved in lawsuit, their statutory agents, agents ad litem and defenders in case that the parties involved quit the lawsuit which has been confirmed by the people’s courts.
In case that the statutory agents, agents ad litem and defenders participate the lawsuit or change, then the preceding two articles shall be referred to for disposal.
Article 7 The people’s courts shall disclose the following procedural information to the parties involved in lawsuit, their statutory agents, agents ad litem and defenders on line.
(I) Information about cases acceptance, filing and settlement;
(II) Information about procuratorial organ, criminal punishments execution organ and the parties involved;
(III)Information about judicial organization;
(IV) Information about trial procedures, trial period, service, appeal, protesting, transfer, etc.
(V) Date and place of litigious activities such as court trial, cross-examination, evidence exchange, pretrial conference, inquiry, sentence, etc.
(VI) Information about disclosure of judgment document in China Judgments Online;
(VII) Other procedural information that shall be disclosed as stipulated by laws and judicial interpretation or that the people’s courts consider necessary to disclose.
Article 8 The people’s courts shall disclose the procedure information about withdrawal,dispute governing, preservation, advanced execution, assessment and authentication, etc. to the parties involved in lawsuit, their statutory agents, agents ad litem and defenders on line.
Where disclosure of procedure information about preservation, advanced execution, etc. might influence case disposal, then those procedure information may be disclosed after the case disposal.
Article 9 The people’s courts shall disclose the following litigation document to the parties involved in lawsuit, their statutory agents, agents ad litem and defenders on line after service.
(I) Litigation documents, such as indictment form, petition for appeal, petition, appeal form, national compensation application form, and pleadings；
(II) Litigation documents, such as case acceptance notice, notice of responding to action, notice of participating lawsuit, notice of appearance, notice of members of collegiate panel, summons, etc.
(III) Written judgment, written verdict, written decision, mediation document as well as judgment documents about suspension or termination of lawsuit, or that significantly influence the substantive right and procedural rights of the parties involved;
(IV) Other litigation documents that shall be disclosed as stipulated by laws and judicial interpretation or that the people’s courts consider necessary to disclose.
Article 10 The people’s courts shall disclose the contents of records about litigious activities, such as court trial,cross-examination,evidence exchange,pretrial conference,inquiry, sentence to the parties involved in lawsuit, their statutory agents, agents ad litem and defenders on line.
Article 11 Where the parties involved in lawsuit, their statutory agents, agents ad litem and defenders apply for consulting video and audio recording and electronic portfolio about court trial, the people’s courts may make it available on China Judicial Process Information Online or on other lawsuit service platforms and set neccessary safety protection measures.
Article 12 The people’s courts shall not disclose trial procedure information that involve state secrets and that shall be kept confidential or restricted as stipulated by laws and judicial interpretation to the parties involved in lawsuit, their statutory agents, agents ad litem and defenders on line.
Article 13 In case of any inconsistency between the disclosed trial procedure information and the actual situation, the actual situation shall prevail; and the people’s courts accepting the case shall make correction in a timely manner.
Where the disclosed trial procedure information meets the conditions mentioned in Article 12, the people’s courts accepting the case shall withdraw the information in a timely manner.
Article 14 Upon written consent by the addressee, the people’s courts may electronically deliver litigation documents rather than written judgment, written verdict, mediation document through China Judicial Process Information Online to the parties involved, statutory agent, agent ad litem.
In case of service by means mentioned in the preceding article, the people’s courts shall collect and check identity information of the addressee and open exclusive instant messaging system for the addressee in accordance with Article 5 of the Regulations. The date that the litigation documents reach the system shall be deemed as the date of service; and the system will automatically record and generate proof of service which shall be filed in electronic portfolio.
Litigation documents that have been serviced but require correction shall be re-serviced.
Article 15 The Supreme People’s Court shall supervise and provide guidance on the disclosure of trial procedure information of all courts in China. Superior people’s courts and intermediate people’s courts shall supervise and provide guidance on the disclosure of trial procedure information of all district courts.
Trial management offices or other organs undertaking the trial management in the people’s courts at all levels shall be responsible for the disclosure of the trial procedure information of the court and implement the following duties:
(I) Organize and supervise the disclosure of trial procedure information;
(II) Dispose the complaints and suggestions put forward by the parties involved in lawsuit, their statutory agents, agents ad litem and defenders about trial procedure information;
(III) Guide technical department to conduct technical support and service assurance;
(IV) Other management tasks
Article 16 Service specifications and technical standards about disclosure of trial procedure information will be separately formulated by the Supreme People’s Court.
Article 17 The Regulations shall be implemented from September 1, 2018. In the event of any discrepancy between judicial interpretations and normative documents previously promulgated by the Supreme People’s Court and these Regulations, the Regulations shall prevail.
Regulations of the Supreme People’s Court on Issues concerning Strictly Regulating the Extension of Trial Term and the Postponement of Hearing of Civil and Commercial Cases Interpretation No. 9  of the Supreme People's Court
The Regulations of the Supreme People’s Court on Issues concerning Strictly Regulating the Extension of Trial Term and the Postponement of Hearing of Civil and Commercial Cases, which were adopted at the 1737th Session of the Judicial Committee of the Supreme People’s Court on April 23, 2018, are hereby promulgated and shall take effect as of April 26, 2018.
April 23, 2018
Regulations of the Supreme People’s Court on Issues concerning Strictly
Regulating the Extension of Trial Term and the Postponement of Hearing of Civil and Commercial Cases
(Adopted at the 1737th Session of the Judicial Committee of the Supreme People’s Court on April 23, 2018, and effective as of April 26, 2018)
To safeguard legitimate rights and interests of litigants, the following Regulations on issues concerning the extension of trial term and the postponement of hearing of civil and commercial cases are issued pursuant to the Civil Procedure Law of the People's Republic of China, etc., combined with practical work of the people's court.
Article 1 A people’s court shall strictly abide by Regulations of laws and judicial interpretations concerning trial term when hearing civil and commercial cases. For cases of first instance to which ordinary procedure is applied, the trial term shall be six months; for cases of first instance to which simple procedure is applied, the trial term shall be three months. Where a people’s court adjudicates an appeal from a judgment, the trial term shall be three months; where a people’s court adjudicates an appeal from a ruling, the trial term shall be thirty days.
Where any extension of the trial term is necessitated by special circumstances as stipulated by laws, the sole judge or collegial panel shall apply to the president of the Court fifteen days before expiration of the term, and present detailed information and reasons. The president shall make decision five days before expiration of the term.
Where the case can’t be closed after the president of the Court has approved to extend the trial term, any further extension if needed shall be reported to the people’s court at a higher level for approval. The people’s court at a higher level shall make decision five days before expiration of the trial term.
Article 2 Where a people’s court deems it necessary to hold a second hearing after opening court sessions of civil and commercial cases, the people’s court shall notify the parties involved of the next hearing date according to law. Interval between two court dates shall be no more than one month, except for force majeure or except as otherwise agreed by the parties involved.
Article 3 Where the sole judge or collegial panel decides to postpone a hearing by referring to Regulations of Article 146.4 of the Civil Procedure Law of the People's Republic of China, the sole judge or collegial panel shall report to the president of the Court for approval.
Article 4 A people’s court shall timely publicize a case’s filing time, trial term, deduction, extension and recalculation of trial term, and particulars and causes for postponement of hearing, to the parties involved and their statutory agent and agent ad litem in accordance with the Regulations of the Supreme People’s Court on a People’s Court Publicizing Adjudication Procedure Information through the Internet. Where the parties involved and their statutory agent and agent ad litem have any objection, they may apply to the court seized of the case for supervision.
Article 5 Where any delay in handling a case for deliberate violation of laws, adjudication disciplines and adjudication management Regulations or for negligence has caused serious consequences, punishment shall be imposed in accordance with Article 47 of the Punishment Ordinance for the Personnel Working in People’s Courts.
Article 6 These Regulations shall take effect as of April 26, 2018; in the event of any discrepancy between judicial interpretations and normative documents previously promulgated by the Supreme People’s Court and these Regulations, the Regulations shall prevail.
Notice of the Supreme People's Court on the Minutes of National Court Bankruptcy Trial Meeting
High People's Courts of provinces, autonomous regions, and municipalities directly under the central government, military courts of the People's Liberation Army, branch of the Production and Construction Corps of Xinjiang Uyghur Autonomous Region High People's Court:
TheMinutes of National Court Bankruptcy Trial Meeting is hereby printed and distributed to you. Please follow them carefully.
Supreme People's Court
March 4, 2018
Minutes of National Court Bankruptcy Trial Meeting
In order to fulfill the requirements of implementing the new development concept and building a modern economic system put forward by the Party's Nineteenth Congress report, we will closely focus on the main line of high-quality development, serve and guarantee structural reforms on the supply side, and give full play to the positive role of the bankruptcy trial work of the people's court on the rescue and withdrawal mechanism of improving socialist market economy entities, provide a more powerful judicial guarantee for the success of a well-off society. On December 25, 2017, the Supreme People's Court held a national court bankruptcy trial meeting in Shenzhen, Guangdong Province. Representatives of the High People's Courts of provinces, autonomous regions, and municipalities directly under the central government and the Municipal Intermediate People's Court with the Bankruptcy Trial Division attended the meeting. After a serious discussion, the delegates reached a consensus on the main issues involved in the bankruptcy trial of the people's court. The minutes are as follows:
I. General requirements of thebankruptcytrial
The meeting held that the people's courts must adhere to the guidance of the socialist economic ideology with Chinese characteristics in the new era of Xi Jinping and profoundly understand the importance of bankruptcy law in building a well-off society. The bankruptcy trials should be conducted with more powerful measures to provide more powerful judicial guarantees for ensuring a sustained and healthy economic and social development. At present time and for a period to come, the general requirements for bankruptcy trials are:
First, we must use the bankruptcy trial function to boost the construction of a modern economic system. The people’s courts need to reallocate resources through bankruptcy work, make good use of the favorable opportunities of major adjustments in corporate bankruptcy such as rights and interests, operation management, assets, and technology to dispose of different types of businesses and mobilize, configure and coordinate production factors well such as science and technology, capital, labor, and human resources so as to promote the quality and efficiency of the real economy and industrial system.
Second, we must focus on services to build a new economic system and improve the mechanism for the rescue and withdrawal of market entities. It is necessary to make full use of reorganization and reconciliation laws to achieve effective treatment of market entities and help enterprises improve quality and efficiency; use liquidation methods to prompt enterprises and production capacity that have lost business value to withdraw from the market in a timely manner to achieve survival of the fittest, thereby improving the rescue and withdrawal mechanism of socialist market entities.
Third, we must improve the working mechanism of bankruptcy trials and maximize the value of bankruptcy trials. It is necessary to further improve the recognition of the four bankruptcy trial working mechanisms, including bankruptcy reorganization of corporate identity, the coordination of government and courts, the communication of case information, and the lawful and orderly interests balance, promote the sound operation of bankruptcy trials, and highlight the institutional value and social responsibility of bankruptcy trial work.
Fourth, we must improve the orderly connection between implementation and bankruptcy, and promote the resolution of “Law enforcement difficulty”. Bankruptcy trials should be used as an important link with filing, trial, and execution, which are both mutually connected and relatively independent. The promotion function of bankruptcy trials to resolve accumulated cases should be brought into full play, and the obstacles to the implementation of bankruptcy transfers should be eliminated. The judicial work mechanism should be used to explore the effective ways to solve “law enforcement difficulty”.
II. Professionalization of bankruptcy trials
The professionalization of trials is the key link for substantial progress in the bankruptcy trial. Courts at all levels must vigorously strengthen the professionalization of bankruptcy trials and strive to achieve the professionalization of trial institutions, the professionalization of trial teams, the normalization of trial procedures, the standardization of referee rules, and the scientization of performance appraisal.
1. Promote the professionalization of bankruptcy trial institutions. The intermediate people's courts of the provincial capital and sub-provincial cities shall set up a liquidation and bankruptcy trial court in accordance with the “Work Plan on Establishing a Liquidation and Bankruptcy Trial Division at the Intermediate People's Court” issued by Supreme People's Court (Fa  No. 209). Other courts at all levels may decide to establish a liquidation and bankruptcy trial division or a special collegiate bench based on the actual needs of local work, and to train professional judges who are familiar with liquidation and bankruptcy trials to meet the needs of bankruptcy trials.
2. Reasonably configure the trial mission.The trial tasks of the courts at all levels must be reasonably distributed according to the number of bankruptcy cases, the degree of difficulty of the case, the strength of the trial, etc. For a bankruptcy case with a complicated debt and credit relationship and a difficult trial, the high people's court can explore the jurisdictional system where the principle of centralized jurisdiction of the intermediate people's court is applied and the jurisdiction of the basic people's court is the exception; While the bankruptcy case with a simple debt and credit relationship and less difficult trial can be mainly governed by the basic people's court, and it can be concluded through high-speed trial procedures.
3. Establish a scientific performance evaluation system.It is necessary to improve the performance evaluation system for liquidation and bankruptcy trials as soon as possible, determine performance evaluation criteria on the basis of full respect for the law of the judiciary, and avoid the simple comparison of liquidation and bankruptcy cases with ordinary cases, and avoid equating and assess them equally.
III. Improvement of the administrator system
The administrator is the main promoter of the bankruptcy proceedings and the concrete executor of the bankruptcy affairs. The administrator's ability and quality not only affect the quality of the bankruptcy trial, but also affect the fate and future development of the bankrupt enterprise. It is necessary to speed up the improvement of the administrator system, vigorously enhance the administrator's professional quality and operation ability, strengthen the duty performance guarantee and effective supervision for administrators, and provide a strong institutional guarantee for the improvement of business operations and optimization of the industrial structure.
4. Improve the administrator team structure. The people's courts shall instruct the intermediary institutions who incorporated in the register of administrators to adopt appropriate methods to recruit professionals with professional technical knowledge and business operation capabilities to the administrator team, and to promote the internal structure of the managerial team to be more reasonable, and to give full play and enhance the important role of administrators in enterprise etiology diagnosis, resource integration and other important aspects.
5. Explore administrators' practice across regions. In addition to selecting administrators from the local roster, local courts can also try to select administrators from the list of provincial and municipal administrators to ensure that they can select the best administrators in the major bankruptcy cases. When two or more qualified intermediary agencies request to jointly serve as the administrators of the same bankruptcy case, the people's courts may permit if they meet the requirements of voluntary negotiation, complementing each other, and having consistent requirements of powers and responsibilities.
6. Implement administrator's classification management. A high people’s court or an intermediate people’s court that has compiled its own register of administrators may comprehensively consider the administrator’s professional standards, work experience, professional ethics, work performance, degree of diligence, and other factors, and reasonably determine the level of the administrators, and implement hierarchical management and regular evaluation of the managers. A bankruptcy case with a small number of debtor assets and a simple debtor-creditor relationship may be designated to the administrator at a corresponding level of by waiting, drawing lots or lottery.
7. Establish competitive working mechanism to select the administrators. In a bankruptcy case, a competitive mechanism can be introduced to select administrators and improve the quality of bankruptcy management. The bankruptcy cases of listed companies, bankruptcy cases that have significant local influence, or complex debtor-creditor relationship, bankruptcy cases involving a large number of creditors, employees, and interested parties should generally select administrators through competition, according to law when designating a administrator.
8. Reasonably divide the function scopes of the court and the administrator. The people's court shall support and guarantee that the administrators shall perform their duties in accordance with the law, and shall not take the place of the administrators to make decisions that should have been made by the administrators themselves. The administrators shall manage and dispose of the debtor’s property in accordance with the law, determine the internal management of the debtor in a prudent manner, and may not assign all or part of their duties to others.
9. Further implement administrator’s duties. In the reorganization process that the debtor manages on its own, the people's court must urge the administrator to formulate a specific system for the supervision of the debtor. During the supervision period stipulated in the reorganization plan, the administrator shall represent the debtor in the litigation and arbitration activities that have been started before the start of the supervision period and have not yet been concluded. After the reorganization and reconciliation procedures are transferred to the bankruptcy liquidation procedures, the administrator shall continue to perform the duties of the administrator in accordance with the bankruptcy liquidation procedures.
10. Exert incentive and binding functions of administrators' remuneration. The people's court may determine the payment method of the remuneration of the administrator according to the different circumstances of the bankruptcy cases, and exert the active role of the remuneration of the administrator in motivating and restraining the administrator in performing its duties diligently. The remuneration of the administrator shall, in principle, be paid in installments according to the examination progress of the bankruptcy case and the performance of the administrator. The administrator can be paid once after the bankruptcy proceedings are terminated when the bankruptcy case is simple and consumes short time.
11. Regulations on governing the cost of employing other personnel by administrators. When the administrator employs the business management personnel with the permission of the people's court, or when the administrator really needs to employ other social intermediary agencies or personnel to deal with the professional work such as major lawsuit, arbitration, execution or auditing, if the required expenses need to be included in the bankruptcy expenses, it should be approved by the creditors' meeting.
12. Promote the establishment of a comprehensive security system for bankruptcy expenses. The local courts must actively seek the support of the financial department or take certain proportions from the remunerations of other administrators, promote the establishment of bankruptcy expense protection funds, establish a long-term mechanism for the protection of bankruptcy expenses, and solve the problem that debtor’s assets are insufficient to meet bankruptcy expenses, which affects the initiation of bankruptcy proceedings.
13. Support and guide the establishment of an administrator association. The people's courts shall support, guide, and promote social intermediary agencies and individuals in the list of administrators within their respective jurisdictions to establish administrator associations, strengthen the management and restraint of the administrators, and safeguard the legitimate rights and interests of the administrators, and gradually form normative, stable, and self-disciplined industry organization, and ensures that the administrator team is full of vigor and carry out standardized and orderly development.
IV. Bankruptcy reorganization
The meeting held that the reorganization system embodies the rescue function of the bankruptcy law and represents the development trend of the modern bankruptcy law. The courts at all levels in the country must attach great importance to reorganization work, properly review corporate reorganization cases, and rescue distressed companies through marketization and legalization, constantly improve the rescuing mechanism of the main body of the socialist market.
14. Recognize the recognition and review of the company. The object of bankruptcy reorganization should be a company with rescuing value and possible distressed companies; for zombie enterprises, they should go through bankruptcy liquidation and resolutely achieve market clearing. When reviewing a reorganization application, the people's court shall not accept the application when they think the debtor does not have the reorganization value and the rescuing possibility based on factors such as the debtor’s asset status, technical process, production and sales and industry prospects.
15. Reform the hearing process of the case. For cases involving complicated credits and debts, large scale of the debts, or cases involving the reorganization of listed companies, the people's courts may organize the applicant and the respondent to participate in the hearing when reviewing the application for reorganization. Creditors, investors, restructured investors, and other stakeholders may also participate in the hearing if they are permitted by the people's courts. The hearing period is not included in the reorganization application review period.
16. The formulation and coordination of the reorganization plan. The people's courts must strengthen communication withadministrators or debtors, and guide them to analyze the causes of the debtors’ dilemmas. They must formulate drafts of reorganization plans in a targeted manner to encourage enterprises to regain profitability and increase the success rate of reorganization. The people's court must establish a communication and coordination mechanism with the government to help the administrator or the debtor solve the difficulties and problems in the drafting of the reorganization plan.
17. Review and approval of the reorganization plan. Reorganization is not limited to debt relief and financial adjustments. The focus of reorganization is to maintain the operational value of the company. In reviewing the reorganization plan, the people's courts shall not only review legality, but also review whether the business plan is feasible. If the business plan for regaining profitability of the enterprise in the reorganization plan is feasible, the voting procedure is legal, and the content does not impair the settlement benefit of the opponents in eachvoting group, the people’s court shall order approval of the reorganization plan within thirty days from the date of receipt of the application.
18. The conditions for the compulsory approval of the reorganization plan draft. The people's courts should prudently apply the second paragraph of Article 87 of the Enterprise Bankruptcy Law and must not abuse the right of compulsory approval. If it is really necessary to compel approval of the draft of the reorganization plan, the draft of the reorganization plan shall comply with the second paragraph of Article 87 of the Enterprise Bankruptcy Law. If there are more than one group of creditors, at least one group has already passed the draft of the reorganization plan. And the liquidation benefit that opponents in each voting group can obtain is not less than the benefit that can be obtained according to the bankruptcy liquidation procedure.
19. Changeable conditions and procedures for the execution of the reorganization plan. Debtors should strictly implement the reorganization plan, but if the special circumstances occur, such as national policy revision, law revision and other changes, which leads that the original reorganization plan can not be implemented, the debtor or the administrator may apply for changes of the reorganization plan once. If the resolution of the creditors’ meeting agrees to change the reorganization plan, it shall be submitted to the people’s court for approval within ten days from the date of passing the resolution. If the resolution of the creditors’ meeting disagrees or the people’s court does not approve the application for change, the people’s court shall, upon the request of the administrator or an interested person, decide to terminate the implementation of the reorganization plan and declare the debtor bankrupt.
20. The re-voting and ruling approval after the change of the reorganization plan. When the people's court agrees to change the reorganization plan, the debtor or the administrator shall propose a new reorganization plan within six months. The changed reorganization plan shall be submitted to the creditor group and the contributor group that have been adversely affected by the change of the reorganization plan. The procedures for voting, applying for approval by the people's court, and whether the people's court rules for approval are the same as those of the original reorganization plan.
21. Guarantee of normal production and business operations after restructuring. After the reorganization of the enterprise, compared with the original enterprise, the investment subject, the ownership structure, the corporate governance model and the business operation often undergo fundamental changes. The people's courts must strengthen the communication and coordination with the government and help the restructured enterprise to repair credit records, get tax incentives so as to help the restructured enterprise to resume normal production and operations.
22. Explore the connection between out-of-court reorganization and in-court reorganization. Before the company enters the reorganization process, creditors, debtors, contributors, and other interested parties may formulate reorganization plans through out-of-court commercial negotiations. After the initiation of the reorganization procedure, the reorganization plan draft may be prepared based on the reorganization plan and submitted to the people's court for review and approval.
V. Bankruptcy liquidation
The meeting held that bankruptcy liquidation, as an important component of the bankruptcy system, has the direct effect of eliminating backward production capacity and optimizing the allocation of market resources. For the debtor who lacks the rescuing value and possibility, it is necessary to timely clear the creditor’s rights and debts through bankruptcy liquidation procedures, reconfigure social resources, improve the quality and level of effective social supply, and strengthen the leading role of the bankruptcy law for market economy development.
23. Conditions for the declaration of bankruptcy. After the people’s court accepts the application for bankruptcy liquidation, and no one proposes a reorganization or settlement application at the first creditors’ meeting, the administrator shall promptly file an application for declaring bankruptcy in the people’s court after the debtor’s right to review and confirm and the necessary auditing and asset assessment. After the people’s court accepts the application for bankruptcy conciliation or reorganization, when the debtor has the legal reason to declare bankruptcy, the people’s court shall declare the debtor bankrupt according to laws.
24. Procedures for the announcement of bankruptcy and restrictions on conversion. Where the relevant entity submits an application for declaring bankruptcy to the people's court, the people's court shall, within seven days from the date of receipt of the application, make a ruling of bankruptcy and make an announcement. After the debtor is declared bankrupt, it may not be transferred to a reorganization procedure or a conciliation procedure.
25. Execution and limitations of the rights of the secured party. In bankruptcy liquidation and bankruptcy reconciliation proceedings, a creditor who has a security right over the debtor’s specific property may at any time submit to the administrator a preferential right of redress for the disposal of the particular property, and the administrator shall promptly change the price, and may not refuse at the reason that it should be resolved at the meeting of the creditor. However, since the disposal of the secured property by itself will reduce the value of other bankruptcy assets, it should be treated as a whole.
26. Disposal of bankruptcy property. Disposal of bankruptcy assets should be based on the principle of maximizing value and giving consideration to disposal efficiency. The people's court must actively explore more effective methods and channels for the disposal of bankruptcy property, and maximize the rate of change of bankruptcy property. If an auction is used for disposal, the proceeds from the auction are not expected to be sufficient to cover the cost of the auction, or if the auction fails, the creditor’s meeting may adopt resolutions to sell or distribute in kind. If the scheme for sale or in-kind distribution has not been approved by the creditors’ meeting twice, it shall be determined by the people’s court.
27. Corporate bankruptcy and the protection of employees’ rights and interests. Bankruptcy procedures should properly handle labor relations according to law, promote the improvement of the wage arrears protection system for workers, and protect the rights of employees to survive in accordance with the law. The employees’ claims advanced by the third party shall, in principle, be repaid in accordance with the nature of the advanced creditor’s claims; Advances made by the wage-insurance fund shall be paid in accordance with the order of the second item of the first paragraph of Article 113 of the Bankruptcy Law. The housing accumulation fund owed by the debtor is repaid in accordance with the nature of the wages owed by the debtor.
28. The principle and sequence of liquidation of bankruptcy claims. For the claims that the law does not clearly stipulate the order of repayment, the people's court may reasonably determine the order of repayment in accordance with the principles of personal injury claims over priority of property claims, private law claims over public law claims, and compensatory claims over punitive claims. The compensation for personal injury caused by the debtor’s infringement can be paid in the order specified in the first item of the first paragraph of Article 113 of the Bankruptcy Law, with the exception of the involved punitive damages. After the bankruptcy property has been repaid in accordance with the order stipulated in Article 113 of the Enterprise Bankruptcy Law, it may still be used to liquidate punitive claims such as civil punitive damages, administrative fines, and criminal fines incurred prior to bankruptcy acceptance.
29. Establish the simple and streamlined mechanism for the hearing of bankruptcy cases. People’s courts should improve trial efficiency of the hearing of bankruptcy cases. Under the premise of ensuring that the procedures and substantive rights of interested parties are not compromised, a simple and streamlined mechanism for hearing bankruptcy cases should be established. For bankruptcy cases where the creditor’s rights and liabilities are clearly defined and the debtor’s property is clearly stated, the process of hearing the case can be expedited by shortening the process time, simplifying the process, etc., but the minimum period prescribed by law may not be exceeded.
30. The end of the bankruptcy liquidation process. The completion of the bankruptcy liquidation procedure by the people's court shall be based on the identification of the debtor’s property status, the clear distribution of the debtor’s property, and the securing of the bankruptcy creditor’s rights according to law. After the bankruptcy application has been accepted, if the debtor’s property is insufficient to pay off the bankruptcy expenses and no one has paid off or advances it upon investigation by the administrator, the people’s court shall declare bankruptcy and order the termination of the bankruptcy liquidation procedure according to the administrator’s application.
31. The guarantor's liability for repayment and the limitation of its right of claim. Before the conclusion of the bankruptcy proceedings, the guarantor who has assumed the guaranty responsibility for the creditor may request the debtor to transfer to pay the portion that should have been paid to the creditor who has declared the creditor’s right in the bankruptcy proceedings. After the conclusion of the bankruptcy proceedings, the creditor shall, within the unclaimed portion of the bankruptcy proceedings, demand the guarantor to assume the guaranty liability, which shall be filed within six months after the conclusion of the bankruptcy proceedings. After the guarantor assumes the responsibility of guarantee, it may not exercise the right of repayment to the debtor after the reconciliation or reorganization.
VI. Bankruptcy of related companies
The meeting held that when people's courts try bankruptcy cases involving affiliated companies, they must base themselves on the specific relationships between bankrupt affiliates and adopt different methods to handle them. It is necessary to deal with the highly confusing relationship of corporate personality by means of substantive merger trials to ensure that all creditors are fairly liquidated and to avoid improper use of substantive merger trials to damage the legitimate rights and interests of relevant stakeholders.
32. The prudent application of related companies’ substantive merger and bankruptcy. When people’s courts try business bankruptcy cases, they should respect the independence of the corporate personality, and make independent judgments on the bankruptcy causes of the members of related companies and apply a single bankruptcy procedure as the basic principle. When there is a high degree of confusion between corporate personality of the members of an related company, the cost of distinguishing each affiliate member’s property is too high, and the creditor’s fair settlement of benefits is seriously impaired, the related companies substantive merger bankruptcy can be used in exceptional cases.
33. Review of the substantive merger application. After receiving the application for substantive merger, the people's court shall promptly notify the relevant stakeholders and organize a hearing. The time for hearing shall not be included in the examination time. In reviewing the substantive merger application process, the people's court may comprehensively consider the factors such as the mixed procedures and duration of assets among related companies, the interest relationships among enterprises, the overall liquidation of creditors, and the possibility of increasing corporate restructuring. The ruling of whether or not to take a substantive joint review should be made within thirty days from the date of receipt of the application.
34. The remedy of the rights of the interested parties in the substantive consolidation. If the relevant interested party is not satisfied with the adjudicative ruling made by the court of admissibility, it may apply for reconsideration from the people's court at the superior level to the admissibility court within fifteen days from the date of the arrival of the written verdict.
35. Jurisdiction principles and conflict resolution in substantive merger trials. When the bankruptcy case of an related company is tried in a substantive merger, it shall be under the jurisdiction of the people's court of the affiliated enterprise where the core control enterprise is domiciled. When the core controlling company is not clear, it shall be under the jurisdiction of the people's court where the main property of the affiliated company is located. When disputes arise between multiple courts regarding jurisdiction, they shall report to the common superior people's court for determination of jurisdiction.
36. Legal consequences of substantive merger proceedings. When the people’s court rules that the bankruptcy case is to be examined by a substantive merger, the creditor’s rights and debts among the members of the related company shall be extinguished, and the property of each member shall be the unified bankruptcy property after the merger. The creditors of each member shall be fairly subject to the compensation in accordance with the legal order in the same procedure. In the case of reorganization through substantive consolidation, a unified classification of claims, adjustments to claims, and claims for compensation should be formulated in the draft of the reorganization plan.
37. Subsistence of the enterprise members after the substantive merger. If the bankruptcy liquidation is applied to the substantive merger rules, the members of the related companies shall be written off after the termination of the bankruptcy proceedings. When a substantial consolidation rule is applied for conciliation or reorganization, each affiliated enterprise shall be merged into one enterprise in principle. According to the settlement agreement or the reorganization plan, if there is a need to maintain the independence of individual companies, they should be dealt with separately in accordance with the relevant rules for the separation of enterprises.
38. Principles for the coordination of trial and jurisdiction of bankruptcy cases in related enterprises. If multiple related enterprise members have bankruptcy reasons but do not meet the conditions for substantive merger, the people's court may conduct coordination procedures for the multiple bankruptcy proceedings according to the application of the relevant entity, and may comprehensively consider factors such as the efficiency of the bankruptcy case hearing, the sequence of the bankruptcy filing, the size of the liabilities of the members, the place of residence of the core controlling company, etc., in accordance with the needs of program coordination, and then let the common superior court to determine a court to carry out centralized management.
39. Legal consequences of coordinating trials. Coordinating trials do not eliminate the creditor-debtor relationship among the members of the related company, and do not merge the property of the members of the related companies. The creditors of the members of the related companies still receive the legal compensation according to the property of the member of the enterprise. However, the creditor's right formed by the improper use of the associated relationship between the members of the related company shall be inferior to other common claims in the order of repayment, and the inferior creditor shall not be given priority for repayment of the specific property provided by other affiliated members.
VII. Linkage between execution procedures and bankruptcy proceedings
The effective link between execution procedures and bankruptcy procedures is a powerful step in advancing bankruptcy trials in an all-round way, and it is also an important measure to crack down on the “law enforcement difficulty”. The courts at all levels in the country must profoundly understand the significance of the execution of bankruptcy transfer work, and vigorously promote enforcement cases that meet bankruptcy conditions, including enforcement of cases that cannot be entered into bankruptcy proceedings and give full play to the institutional value of bankruptcy proceedings.
40. Execute the court's review of the notice, obligation to explain and transfer duties. The executive department must attach great importance to the connection between implementation and bankruptcy, and promote the transfer of eligible execution cases to bankruptcy procedures. If the enforcement court finds that the corporate entity as the executed person complies with the provisions of Article 2 of the Enterprise Bankruptcy Law, it shall promptly inquire whether the parties agree to transfer the case to bankruptcy examination and explain the legal consequences. After the enforcement court makes a transfer decision, it shall notify all known enforcement courts with written notice and the enforcement court shall suspend the execution procedure for the executed person.
41. Transfer and receipt of cases transferred to bankruptcy. The enforcement courts and the transferred courts should strengthen coordination and cooperation in the transfer process to enhance the effectiveness of the work. When transferring the case, the enforcement court shall ensure that the material is complete, and the content and form conform to the provisions. The transferred court shall carefully review and give timely feedback, and shall not refuse to accept or postpone filing for no reason.
42. The removal of sealing measures or the transfer of sealed assets after the acceptance of bankruptcy cases. After the enforcement court receives the bankruptcy acceptance ruling, it shall relieve the measures for seizure, detainment and freezing of the debtor’s property; or issue a letter to transfer the disposal right of seizure, detainment and freezing of the property to the bankruptcy acceptance court, upon the request. The bankruptcy acceptance court may hold the enforcement court's letter of transfer and disposal to proceed with the seizure, detainment, freezing, relieve the seizure, detainment and freezing, or dispose of them.
If the enforcement court receives a bankruptcy acceptance ruling and refuses to relieve the measures of seizure, detainment or freezing, the bankruptcy acceptance court may request the superior court of the enforcement court to correct it according to law.
43. Sharing of information between the bankruptcy court and the executive branch. The bankruptcy acceptance court can use the execution and inspection control system to check the debtor’s property and improve the efficiency of the bankruptcy trial. The enforcement department should cooperate.
The local courts should establish the concept of synchronization of online and offline legal procedures, gradually implement online transfer of enforcement cases that meet the conditions for transfer, enhance the transparency of the transfer work, and improve the efficiency of related work such as case transfer, notification, delivery, and communication and coordination.
44. Strengthen the assessment and management of the transfer of bankruptcy work. Courts at all levels must combine the actual work to establish an assessment mechanism for the implementation of bankruptcy transfer work, scientifically set up assessment targets, and promote the implementation of bankruptcy transfers. Those who should have consulted the parties concerned without consulting, should have submitted for review without submitting, the transferred court violating the relevant regulations and refusing to accept bankruptcy transfer material for execution or filing, shall not only be included in the performance appraisal and performance appraisal system, but also be openly informed and traced responsibilities of related personnel seriously.
VIII. Construction of bankruptcy information
The meeting held that the national courts must further strengthen the informatization of bankruptcy trials, improve the transparency and credibility of bankruptcy cases, enhance the effectiveness of bankruptcy case trials, and promote the reorganization and regeneration of enterprises.
45. Give full play to the impetus of bankruptcy and reorganization case information platform to bankruptcy trial work. Courts at all levels shall, in accordance with the relevant provisions of the Supreme People's Court, regulate the examination of bankruptcy cases through the bankruptcy and reorganization case information platform, and be open entirely. It is necessary to further strengthen the information statistics and data retrieval functions of the information network, analyze and judge the bankruptcy cases of enterprises, find new situations in a timely manner, solve new problems, and improve the trial level of bankruptcy cases.
46. Constantly intensify the disclosure of information in bankruptcy and reorganization cases. It is necessary to increase the public content of the debtor’s corporate information, attract potential investors, promote the free flow and effective allocation of capital, technology, and management capabilities, and help the company reorganize and regenerate. It is necessary to ensure that creditors and other interested parties promptly and fully understand the progress of the case and the relevant financial affairs of the debtors, the draft of the reorganization plan, and the implementation of the reorganization plan, and maintain the right to know and the right to participate in proceedings of creditors and other interested parties.
47. Use information technology to improve the quality and efficiency of bankruptcy case processing. It is necessary to adapt to the development trend of informatization, actively guide the disposal of bankruptcy assets through online auctions, and improve the disposal benefits of bankruptcy assets. It is necessary to encourage and standardize the meeting of creditors through the Internet, improve efficiency, reduce bankruptcy expenses, and ensure that creditors and other entities participate in bankruptcy proceedings.
48. Give full play to the pivotal role of the people's court's bankruptcy and reorganization case information network. It is necessary to continuously improve and promote the use of bankruptcy and reorganization case information network, and to ensure that incremental data is entered into the information network in a timely manner. At the same time, the relevant inventory data should be filled in quickly to establish the pivotal position of the information network in corporate bankruptcy big data, and exert the promotion and exchange function of the information network, and expand the enthusiasm of all parties to use the information network.
IX. Cross-border bankruptcy
49. The principle of cross-border bankruptcy and reciprocity.When handling cross-border insolvency cases, the people's court must properly resolve the legal conflicts and contradictions in cross-border insolvency and reasonably determine the jurisdiction in cross-border insolvency cases. Under the principle of equal protection of similar claims, the balance between the interests of foreign creditors and the interests of creditors in China should be well-coordinated, and reasonable claims such as domestic workers’ claims and tax claims should be protected. Actively participate in and promote the negotiation and signing of international treaties on cross-border insolvency, explore new ways to apply the principle of reciprocity, strengthen the cooperation between courts and managers in cross-border insolvency, and promote the healthy and orderly development of international investment.
50. Protection of rights and balance of interests in cross-border bankruptcy cases. In accordance with the provisions of Article 5 of the Enterprise Bankruptcy Law, cross-border bankruptcy cooperation is carried out. After the people’s court has confirmed the judgment or ruling of the bankruptcy case made by the foreign court, the debtor’s property in the People’s Republic of China will remain after fully paying off the priority of the domestic security right holder, employee’s claims, social insurance fees, delinquent taxes, etc. The property may be allocated in accordance with the provisions of the foreign court.