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Measures for Direct Online Case Filing in Beijing Courts(invalid)

(Trial)

(promulgated on April 10,2017, became invalidated after the implementation of the Measures of Beijing Court for Online Case Filing on March 9,2020)

Chapter I General Provisions

Article 1 For the purpose of the in-deep practice of the idea of “justice serves people” , the convenient exercise of right of action by the parties and the promotion of the quality and efficiency of case filing works, the Measures for Direct Online Case Filing in Beijing Courts (hereinafter referred as the “Measures”) is hereby established in accordance with the Civil Procedure Law of the People's Republic of China , the Opinions of the Supreme People's Court on Promoting the Reform of the Registration System for Case Docket by the People's Courts, the Guiding Opinions of the Supreme People's Court on Comprehensively Promoting the Construction of Litigation Service Centers in the People's Courts and other related laws and regulations with the combination of the situation about case filing works in each and every courts in Beijing.

Article 2 Direct online case filing means a working mechanism with which the parties or their agents may submit applications for case filing through the direct online case filing platform for Beijing courts and upon the approval of which by the court with which the application is made, the case may be filed for registration directly and the parties or their agents shall deliver the written materials for the action (application) and pay relevant charges within a prescribed period.

Article 3 Direct online case filing shall be applied for the first-instance civil and commercial cases, intellectual property right and execution cases, except for preservative measures or cases with special procedures.

Article 4 The parties and their agents ad litem shall complete relevant information truthfully in good faith to ensure that the materials submitted are complete, clear and true; no false action may be brought, no action may be brought in any other’s name and no right of action may be abused.

Chapter II Application

Article 5 Upon logging in the direct online case filing system, the parties or their agents shall select the competent court, type of the case and causes of action pursuant to laws and regulations of China in effect.

Article 6 The parties or their agents shall complete relevant information accurately and all materials for the action (application) shall be submitted as required by the direct online case filing system, including (but not limited to) the bill of complaint (written application), subject identification paper, power of attorney, identification paper for the agents as well as evidence or certificates for the action.

Following items shall be set forth in the bill of complaint:

(1) name, gender, number of ID Card, age, nationality, occupation, employer, domicile, contact information of the plaintiff, name and domicile of the legal person or other organization, and name, title and contact information of the legal representative or other principals;

(2) name, gender, employer, domicile and relevant information of defendant, name and domicile of the legal person or other organization and other relevant information;

(3) claims and factual basis and causes;

(4) evidence and source of evidence, name and domicile of witness.

Article 7 The bill of complaint and application as well as other materials submitted on the direct online case filing platform shall be made in e-text form with A4 size, in which, an editable bill of complaint with the same content as in written materials, an application made in e-text form (word text) shall be attached while other materials shall be submitted in PDF.

Article 8 Following information may not be included in materials for the action (application) or electronic information submitted by the public, the parties or their agents through the direct online case filing platform:

(1) information which violates laws and regulations, divulges national confidential information or damages national interest;

(2) information which spreads rumors, disturbs the social order or affects the social stability;

(3) information which insults or slanders others, attacks or abuses physically;

(4) information which are advertisements;

(5) other information prohibited by laws and regulations.

Article 9 The parties or their agents may submit the application upon the completion of application materials or the uploading as provided in Article 5, 6 and 7 hereof. The day on which the application is made is the appointment date.

Chapter III Review and Approval, Treatment and Case Transfer

Article 10 The functional department for direct online case filing shall be the case filing chamber of each court in Beijing. The case filing chamber shall arrange judges responsible for the review and approval of direct online case filing pursuant to the workload of applications.

Article 11 Unless otherwise provided herein, in respect of the application for direct online case filing submitted by parties or their agents, judges for case filing shall complete the review and approval within five working days from the appointment date and make decisions as follows:

(1) if the legal conditions for litigation and application for enforcement are met, the case shall be registered promptly and the registration and case filing information shall be sent to the parties or their agents;

(2) if any requirement cannot be met by the bill of complaint and materials submitted by the parties or their agents, the case-filing court shall give an explanation timely and notify the supplementary materials required for correction and relevant time limits fully. If the legal provisions can be met within specific period through the correction measures, the case shall be registered for filing. Otherwise, the case shall not be registered for filing; and

(3) if the legal conditions for litigation and application for enforcement are not met, the case shall not be registered for filing and the reasons for which shall be given to the parties or their agents.

Article 12 For cases which, in the opinion of judges for case filing, may not be reviewed through the direct online case filing system, the review may be terminated. The case for which the review is terminated shall not be subject to the limitations set forth in Article 11 hereof in respect of the period for review.

Article 13 In case the parties or their agents breaches the provisions of Article 4 hereof to bring a false action, bring an action in other’s name or abuse the right of action, the case shall not be registered for filing when found in review and penalty or detention shall be applied in accordance with the seriousness of the case; if suspected of any crime, the parties or their agents shall be subject to criminal liability in accordance with the law.

In case the parties or their agents breach the provisions of Article 8 hereof, the case-filing court shall be entitled to delete the materials for action as well as electrical information containing any such information set forth therein and take proper measures subject to the extent of such breach, such as warning, terminating the service or investigating the legal liability of them.

Article 14 If the case filing is refused after the review, a notification shall be given to the parties or their agents. If the parties or their agents insist on a written decision, they shall submit the materials for action at the case-filing window of the court and the case shall be treated by the case filing chamber pursuant to the provisions of on-site case filing.

Article 15 For cases which are registered and filed, the case filing chamber shall transfer the information on such cases to corresponding chambers within two working days thereafter.

Chapter IV Receipt of Written Materials and Payment of Court Costs

Article 16 The parties or their agents shall, in accordance with the case filing information sent by the case filing court, deliver the paper materials of relevant e-text set forth in Article 7 hereof to the chamber designated by such court within a prescribed period. The form of such paper materials shall be subject to the provisions of the Opinions of Beijing High People's Court on Requirements for Case Filing Materials of Civil Cases.

The period during which the paper materials delivered to the case filing court may be deducted from the term of trial by such case filing court.

Article 17 Court costs shall be paid by the parties or their agents within seven days upon the case-filing date through online payment or on-site payment.

Article 18 If the parties or their agents fail to deliver the paper materials to the chamber designated by such court within the prescribed period or fail to pay the court costs and to apply for the reduction, exemption or extension of such payment, the case filing court shall take measures in accordance with relevant laws or judicial interpretations.

Chapter V Supplementary Provisions

Article 19 For cases which are registered for filing, the statute of limitations (limitations for execution application) shall be suspended upon the application date.

Article 20 The Measures shall be subject to the construction of Beijing High People's Court.

Article 21 The Measures shall come into force as of January 1, 2016.