For the purposes of thoroughly implementing the spirit of the 19th CPC National Congress, the Second, Third, and Fourth Plenary Sessions of the 19th CPC Central Committee, and the Central Political and Legal Work Conference, the following plan for advancing the pilot program of the reform of separation between complicated cases and simple ones under civil procedure is hereby offered:

I. Reform Goals and Basic Principles

With the fundamental aim of comprehensively improving the quality, efficiency, and credibility of the judiciary and striving to make the public see in every judicial case that justice is served, the improvement of the rules of civil procedure shall be promoted, the mode for the allocation of judicial resources shall be optimized, the vitality of the system shall continue to be stimulated, judicial efficiency shall be comprehensively improved, the optimization of the business environment under the rule of law shall be boosted, and the modernization of the judicial system and capacity shall be furthered, so as to serve the modernization of the national governance system and capacity.

1. Adhering to the correct political orientation. Xi Jinping Thought on Socialism with Chinese Characteristics in a New Era shall be the guidance, the absolute Party leadership over political and legal work shall be always adhered to, the road of the socialist rule of law with Chinese characteristics shall be unswervingly taken, and the capability of people’s courts to resolve conflicts and disputes shall be effectively improved, so as to provide strong and powerful judicial services and guarantees for the permanent state security, social peace and order, and people’s prosperity.

2. Adhering to centering on the people. The continual satisfaction of the judicial needs of the public shall always be the motivation, dispute resolution channels shall be vigorously expanded, dispute resolution methods shall be improved, and the trust of the public shall be earned by seeking benefits for the public and being dutiful towards the public. Parties’ right to choose procedures shall be fully respected, according to the types and complexity of cases, different trial procedures shall be applied, and corresponding judicial resources shall be allocated, so as to resolve conflicts and disputes in a fine, efficient, and low-cost manner, strive to make the justice more accessible to the public, litigation more convenient to the public, and the reform more beneficial to the public, and comprehensively enhance the public feelings of gains.

3. Adhering to lawful and orderly advancement. The pilot program shall be advanced in strict accordance with legal requirements and statutory procedures. If the adjustment of the application of the existing laws and regulations is required, the implementation shall be organized after the legislature makes an authorization decision. The experience and practices proved to be feasible in practice shall be promptly summarized and refined and prompted to be upgraded to universally applicable legal regimes. The benign interaction between and organic combination of top-level design and primary-level exploration shall be promoted, so as to achieve the systematic integration and coordinated efficiency of the reform.

4. Adhering to strengthening the science and technology-driven approach. Modern technology such as big data, cloud computing, and artificial intelligence shall be leveraged to resolve reform difficulties and improve judicial capabilities, the in-depth application of technology such as speech recognition, remote video, intelligent assistance, and electronic dossiers shall be promoted, and the coverage of online litigation shall be appropriately expanded, so as to promote the achievement of the deep integration of trial methods, litigation systems, and Internet technologies.

II. Main Content

1. Optimizing the judicial confirmation procedure. The specially-invited mediation system shall be refined, the management of specially-invited mediation rosters shall be strengthened, and the connection mechanism between pre-litigation appointed mediation and judicial confirmation procedures shall be improved. The applicable scope of the judicial confirmation procedure shall be reasonably broadened, and if a civil mediation agreement is reached through the lawful mediation by a lawyer’s mediation studio (center) or any other specially-invited mediation organization, a specially-invited mediator, or a people’s mediation committee, the parties may move the people’s court for judicial confirmation according to procedural requirements. The rules of jurisdiction over judicial confirmation cases shall be improved, and those meeting the standards of subject matter jurisdiction and special jurisdiction shall be accepted by corresponding intermediate people’s court and specialized people’s court.

2. Improving the small claims procedure. The application of the small claims procedure shall be strengthened, the benchmark amount of the subject matter of small claim cases shall be appropriately raised, and the scope of cases to which the small claims procedure is applicable shall be specified. The trial methods and judgment documents for small claims shall be further simplified, and the time limit for trying small claims shall be reasonably determined. The switch application mechanism between the small claims procedure on one side and the summary procedure and ordinary procedure on the other side shall be improved.

3. Improving the rules of summary procedure. Simple civil cases in which service by announcement is required may be tried by the summary procedure. The rules to simplify the court trial and adjudicative instruments of summary procedure cases shall be specified, and the provisions on time limits for trials in summary procedure shall be improved.

4. Expanding the applicable scope of the sole-judge trial system. It shall be explored that basic people’s courts may allow judges to apply the ordinary procedure and solely try certain civil cases, and the specific circumstances in which the sole-judge trial system is applied to try ordinary procedure cases in the first instance shall be specified. It shall be explored that intermediate people’s courts and specialized people’s courts may allow judges to solely try certain simple civil appeal cases, and the specific circumstances in which the sole-judge trial system is applied to try civil appeal cases and trial modes shall be specified. A switch application mechanism between the sole-judge trial system and the collegial panel system shall be established.

5. Improving the rules of electronic litigation. The legal effects that litigation participants complete litigation online through the people’s court information technology platforms shall be specified. A party that chooses to sue online may submit litigation materials and evidential materials by electronic means and is not required to submit the paper original after the people’s court approves the materials. With the consent of the parties, a case tried by summary or ordinary procedure may go to trial by means of live streaming. The applicable conditions, scope of application, and effective standards for electronic service shall be specified, and with the consent of persons served, judgments, rulings, and mediations may be served by electronic means.

III. Scope and Period of the Pilot Program

1. Scope of the pilot program: The intermediate people’s courts and basic people’s courts in the jurisdictions 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 cities and the basic people’s courts within their jurisdictions; the Beijing, Shanghai, and Guangzhou Intellectual Property Courts; the Shanghai Financial Court; and the Beijing, Hangzhou, and Guangzhou Internet Courts.

2. Period of the pilot program: The period of the pilot program shall be two years, counting from the date when the measures for the implementation of the pilot program are issued.

IV.Plan Implementation

1. Formulating and issuing measures for the pilot program. The Supreme people’s Court shall formulate and issue measures for the implementation of the pilot program of the reform of separation between complicated cases and simple ones under civil procedure and file the measures with the Standing Committee of the National people’s Congress as a specific basis for advancing the pilot program.

2. Actively carrying out the pilot program. All the courts under the pilot program shall carry out the pilot program in accordance with the authorization decision by the Standing Committee of the National people’s Congress, the plan for the pilot program, and the measures for the implementation of the pilot program. The higher people’s courts in all the regions under the pilot program shall develop specific implementation plans and related institutional provisions in light of the actual work. The Supreme people’s Court shall effectively guide the pilot program and make thematic reports to the CPC Central Committee and the Standing Committee of the National people’s Congress in due course.

3. Promoting the amendment and improvement of the laws. The Supreme people’s Court shall, on the basis of a comprehensive summary of the experience in the pilot program and the assessment of the effects, cooperate with the Standing Committee of the National people’s Congress in promoting the amendment of the relevant provisions of the Civil Procedure Law, among others, and make supporting improvements to related judicial interpretations.

V. Organizational Guarantee

According to the Implementation Opinions on Comprehensively Deepening the Reform in the Field of Political and Legal Affairs issued by the General Office of the CPC Central Committee and its plan for division of labor, the Supreme people’s Court shall take the lead in advancing the pilot program, and the Commission for Political and Legal Affairs of the CPC Central Committee, the Supervisory and Judicial Affairs Committee of the National people’s Congress, the Legislative Affairs Commission of the National people’s Congress, and the Ministry of Justice, among others, shall be participants. The Supreme people’s Court shall strengthen the follow-up guidance, effect assessment, and summary acceptance of the pilot program and regularly communicate and consult with all member entities, so as to ensure that the pilot program is advanced in a proper and orderly manner.