Decision of the Standing Committee of the National People’s Congress on Authorizing the Supreme People’s Court to Launch a Pilot Program Concerning the Civil Procedure in Certain Regions by Processing Cases According to the Complexity of Cases or the Amount of Claims Involved
(Adopted at the 15th Meeting of the Standing Committee of the Thirteenth National People’s Congress on December 28, 2019)
For the purpose of further optimizing judicial resources, processing cases according to their complexity or the amount of claims involved, improving efficiency in case handling, deepening reform in civil procedure and ensuring that justice is achieved, the Standing Committee of the Thirteenth National People’s Congress has decided as follows at its 22nd Meeting: to authorize the Supreme People’s Court to carry out a pilot program concerning the civil procedure by processing cases according to the complexity of cases or the amount of claims involved, including optimizing the procedure for judicial confirmation, improving the procedure for small claims, improving the rules for summary procedure, expanding the scope of cases which may be tried by one judge, and improving the rules for trying cases via internet, etc. The pilot work shall be launched in the intermediate and primary-level people’s courts in the administrative areas of Beijing and Shanghai; the intermediate people’s courts of Nanjing, Suzhou, Hangzhou, Ningbo, Hefei, Fuzhou, Xiamen, Jinan, Zhengzhou, Luoyang, Wuhan, Guangzhou, Shenzhen, Chengdu, Guiyang, Kunming, Xi’an and Yinchuan, and the primary-level people’s courts within the administrative areas of the aforementioned cities; the Intellectual Property Courts of Beijing, Shanghai and Guangzhou; Shanghai Financial Court; and the internet courts of Beijing, Shanghai and Guangzhou. During the period the pilot work is carried out, the aforementioned courts shall temporarily adjust the application of the following provisions of the Law of the People’s Republic of China on Civil Procedure: the first and second paragraphs of Article 39, the first paragraph of Article 40, the first paragraph of Article 87, Article 162, the first paragraph of Article 169, and Article 194. In the pilot work, the basic principles of the civil procedure law must be respected, the procedural rights of the parties involved fully guaranteed, and in the handling of cases, efficiency and justice ensured. The Supreme People’s Court shall be responsible for organizing researches and formulation of the specific measures for this pilot work, and shall submit the measures to the Standing Committee of the National Peoples’ Congress for the record. The term for this pilot work is two years, counting from the date the aforementioned measures for the pilot work is issued.
The Supreme People’s Court shall enhance leadership, supervision and inspection during the time the pilot work is carried out and shall make a mid-term report to the Standing Committee of the National People’s Congress. On the expiration of the term of the pilot work, relevant laws shall be revised and improved accordingly if the pilot measures are proved feasible in practice. If adjustments are proved unsuitable in practice, the application of relevant provisions of law shall be reinstated.
This Decision shall go into effect on December 29, 2019.