The measures are formulated for the purposes of deepening the reform of the civil litigation system, advancing the separation between complicated cases and simple ones, between minor cases and major ones, and between summary trial cases and ordinary ones, further optimizing the allocation of judicial resources, comprehensively promoting judicial justice, improving judicial efficiency, meeting the needs of the public for diverse, efficient, and convenient dispute resolution, and safeguarding the lawful litigation rights and interests of parties, according to the Decision of the Standing Committee of the National People's Congress on Authorizing the Supreme People's Court to Carry out the Pilot Program of the Reform of Separation between Complicated Cases and Simple Ones under Civil Procedureadopted at the 15th session of the Standing Committee of the Thirteenth National People's Congress, based on the actual trial work.

I. General Provisions

Article 1The courts under the pilot program shall, in accordance with the Measures, actively optimize the judicial confirmation procedure, small claims procedure, and summary procedure, improve the organization and application model of trials, and explore the implementation of the electronic litigation and online trial mechanism, so as to effectively reduce litigation costs for parties, fully protect the lawful litigation rights and interests of the public, promote the reasonable and effective allocation of judicial resources and judicial needs, comprehensively enhance judicial quality, efficiency, and credibility, and strive to make the public see in every judicial case that justice is served.

II. Optimizing the Judicial Confirmation Procedure

Article 2 People's courts shall establish a specially-invited mediation roster, determine specially-invited mediation organizations and specially-invited mediators in accordance with the prescribed procedures and conditions, and manage the roster.

Article 3 Where a civil mediation agreement is reached through mediation by a people's mediation committee, specially-invited mediation organization, or specially-invited mediator, the parties may jointly move the people's court for judicial confirmation within 30 days from the effective date of the mediation agreement.

Article 4 For a judicial confirmation case, jurisdiction shall be determined in order in accordance with the following provisions:

(1) In the case of appointed mediation, the people's court that made the appointment shall have jurisdiction.

(2) If the parties elect for mediation by a people's mediation committee or a specially-invited mediation organization, the basic people's court where the mediation organization is located shall have jurisdiction; and if the parties elect for mediation by a specially-invited mediator, the basic people's court where the mediation agreement is concluded shall have jurisdiction.

A case that meets the standards for subject matter jurisdiction or special jurisdiction shall be under the jurisdiction of the corresponding intermediate people's court or specialized people's court.

III. Improving the Small Claims Procedure

Article 5 A simple pecuniary payment case heard by the basic people's court with clear facts and a determinate relationship of rights and obligations, in little dispute, whose subject matter is worth not more than 50,000 yuan, shall be governed by the small claims procedure and decided in the first instance without further review.

If both parties so agree, a simple pecuniary payment case whose subject matter is in excess of the provisions of the preceding paragraph, but worth not more than 50,000 nor less than 100,000 yuan may be tried under the small claims procedure.

In a case coming to trial under the small claims procedure, the people's court shall notify the parties of trial organization, time limit for trial, method of trial, trial without further review, and other related matters.

Article 6 The small claims procedure shall not apply to the following cases:

(1) Disputes over personal relationships and recognition of real rights in property.

(2) Foreign-related civil disputes.

(3) Disputes requiring assessment or authentication or related to differences as to the results of pre-litigation assessment or authentication.

(4) Disputes where the whereabouts of either party are unknown.

(5) Disputes otherwise not suitable to be tried under the small claims procedure.

Article 7 In a case coming to trial under the small claims procedure, after the people's court has given notice of the legal consequences of the waiver of the period for filing an answer and the time limit for proof, if theparties explicitly state their waiver, the people's court may directly hold a trial.

If the parties clearly state that they do not waive the period for filing an answer, the people's court may reasonably determine the period for filing an answer on the basis of obtaining their consent, generally to the extent of seven days.

If the parties clearly state that they do not waive the time limit for proof, the parties may agree on the time limit for proof on their own, or the people's court may specify the time limit for proof, to the extent of seven days.

Article 8 In a case coming to trial under the small claims procedure, the means of summons, service, and exchanging evidence may be further simplified by analogy to the summary procedure, without derogating from the parties' litigation rights such as defense, presenting evidence, cross-examining evidence, statement, and debate.

In a case coming to trial under the small claims procedure, the trial may, without being restricted by trial procedures such as court investigation and court debate, be directly conducted around claims or the elements of the case, and held once in principle, unless the people's court deems another trial necessary.

Article 9 In a case coming to trial under the small claims procedure, the adjudicative instruments may be further simplified by analogy to the summary procedure, mainly covering the basic information of the parties, claims, defenses, main facts, brief reasons for adjudication, adjudicative basis, the main body of the adjudication, notice of trial without further review, and other content.

For a case with simple facts to which the law applicable is determinate, the judge may adjudicate in court and explain the reasons for the adjudication. In such a case, if the process of adjudication is completely recorded in the audiovisual recordings or transcripts of the court trial, the people's court is not required to state the reasons for adjudication when preparing adjudicative instruments.

Article 10 A case to which the small claims procedure is applicable shall be closed within two months from the date of filing the case, and if an extension is required under special circumstances, an extension of one month may be granted with the approval of the president of the court.

Article 11 In a case coming to trial under the small claims procedure, if any of the following circumstances occurs, and the conditions for the application of the summary procedure are met, a ruling shall be made to switch to the summary procedure:

(1) A party files an objection with the people's court in the belief that the case fails to comply with the provisions of Articles 5 and 6 of the Measures on the conditions for the application of the small claims procedure, and the objection is considered established upon examination.

(2) A party files a motion to add or modify its claims and add a party, resulting in the subject matter of the case being worth not less than 50,000 yuan nor more than 100,000 yuan, and either party does not agree to continue to apply the small claims procedure.

(3) A party files a motion to add or modify its claims and add a party, resulting in the subject matter of the case being worth not less than 100,000 yuan or the failure to meet the applicable conditions of the small claims procedure.

(4) A party files a counterclaim.

(5) Authentication, assessment, and audit are required.

(6) The small claims procedure otherwise ceases to be applicable.

In a case coming to trial under the small claims procedure, if the case is found to be difficult and complicated during the trial and is not suitable to be tried under the summary procedure, a ruling shall be entered to switch to the ordinary procedure. In a case in which the small claims procedure is switched for the summary procedure, a switch to the ordinary procedure may not be made in general, except where compellingly necessary.

In a case coming to trial under the small claims procedure, for facts confirmed by the both parties before the switch to the summary or ordinary procedure, evidence is no longer required to be presented and cross-examined.

IV. Improving the Rules of Summary Procedure

Article 12 A simple case with clear facts and a determinate relationship of rights and obligations may be tried under the summary procedure, if service by public notice is required.

Article 13 In a case coming to trial under the summary procedure, the people's court may, in accordance with the circumstances of the case, adopt the following means to simplify the trial proceedings, and shall protect the parties' litigation rights such as defense, presenting evidence, cross-examining evidence, statement, and debate:

(1) The verification of the identity of the parties, notification of rights and obligations, and declaration of court trial discipline that have been conducted before the trial by a pretrial meeting or other means are not required to be repeated during trial.

(2) For the uncontested facts and evidence recorded in the transcript of the pretrial meeting, evidence is no longer required to be presented or cross-examined.

(3) The trial may be conducted directly around claims or the elements of the case.

Article 14 In a case coming to trial under the summary procedure, the people's court may simplify adjudicative instruments by the following means:

(1) If the fixed elements of the case can be summarized, the plaintiff's opinion, the defendant's opinion, evidence, the reasons and basis for court determination, and adjudicative results may be stated according to the elements of the case.

(2) If a party expressly admits all the or major claims of the other party, and the parties have no or a minor dispute over the facts of the case, the adjudicative instruments may contain only the basic information of the party, claims, defense, main facts, brief reasons for adjudication, basis for adjudication, and main content of adjudication.

The simplified adjudicative instruments shall contain necessary content such as apportioning court costs and notifying the parties of their right to appeal.

Article 15 A cases tried by the people's court under the summary procedure shall be closed within three months from the date of filing the case. If required by special circumstances, an extension of one month may be made with the approval of the president of the court.

V. Expanding the Scope of the Sole-Judge Trial System

Article 16 A case coming to trial under the small claims procedure or summary procedure at a basic people's court shall be tried by a sole judge.

A case coming to trial at a basic people's court with facts uneasy to ascertain to which the law applicable is determinate may be tried by a sole judge applying the ordinary procedure.

Article 17 Where a case coming to trial at a basic people's court has any of the following circumstances, a collegial panel shall be formed in accordance with the law, and trial shall be conducted under the ordinary procedure:

(1) Related to national interest or public interest.

(2) Related to mass dispute that may affect social stability.

(3) Having a relatively considerable social impact and drawing extensive public attention.

(4) Of a new type or difficult and complicated.

(5) Possibly in conflict with the effective judgment in another case of the same kind from this court or a people's court at a higher level.

(6) Remanded for retrial.

(7) The trial supervision procedure applies.

(8) A third party sues for changing or setting aside the effective judgment, ruling, or mediation.

(9) Case in which the sole-judge trial system is not suitable.

Article 18 A people's court of second instance hearing an appeal case shall form a collegial panel. However, any of the following cases with clear facts to which the law applicable is determinate may be tried by a sole judge:

(1) A case closed by the summary procedure in the first instance.

(2) An appeal against a civil ruling.

Article 19 In a case tried by a sole judge in the first or second instance, if any of the circumstances enumerated in Article 17(1) through (5) or Article 17(9) of the Measures occurs during the trial, the people's court shall rule that a collegial panel be formed to conduct a trial and notify the parties in writing of the composition of the collegial panel and related matters. In a case switched from trial by a sole judge to trial by a collegial panel, the time limit for trial shall run from the date the case is filed by the people's court, and any litigant act that has been performed shall subsist. For any fact that has been confirmed by both parties, evidence is no longer required to be presented or cross-examined.

Article 20 An appeal case tried by a sole judge shall be heard in court.

If a case in which no new fact or evidence is presented has any of the following circumstances, the sole judge may conduct a trial without holding court as he or she sees fit after consulting the case files, conducting an investigation, or questioning the parties:

(1) An appeal against a civil ruling.

(2) The claims raised on appeal by the parties are obviously untenable.

(3) The facts found in the original judgment are clear, but the application of law is obviously erroneous.

(4) The original judgment severely violates the statutory procedure, entailing remand for retrial.

VI. Improving the Rules of Electronic Litigation

Article 21 People's courts, parties, and other litigation participants may conduct litigation activities online through information technology-based litigation platforms. The online litigation activities of litigation subjects shall have the same effect as offline litigation activities.

A people's court may decide whether or not to complete the relevant litigation process online based on technical conditions, the circumstances of the case, the wishes of the parties, and other factors.

Article 22 The litigation materials and evidential materials submitted by electronic means by the parties and other litigation participants as approved by the people's court may be used directly in the litigation, and the paper original is no longer required. If the people's court requires the original at the request of either party or as needed for the trial of the case, the other party shall provide the original.

Article 23 A people's court may trya case in court by means of Internet video, but an online trial is not applicable if any of the following circumstances is met:

(1) The two parties expressly disagree, or a party disagrees with good reason.

(2) Neither party has the technical conditions and capability to participate in an online trial.

(3) The ascertaining of identity, check on the original, and inspection of a physical thing on the spot are required.

(4) Circumstances the people's court otherwise considers unsuitable for an online trial.

If only one party elects for an online trial, the people's court may be in session in such a manner that the party is present online, and the other party is present physically, based on the circumstances of the case.

In a case tried online, if any of the above circumstances occurs during the trial, the people's court shall switch the case to offline trial. The online trial activities that have been completed shall have legal effect.

Article 24 With the consent of the person being served, the people's court may serve litigation instruments and the evidential materials submitted by the parties by electronic means such as the China Judicial Process Information Online, the National Court Unified Service Platform, fax, email, and instant messaging service accounts.

Under any of the following circumstances, the people's court may determine that the person being served has consented to electronic service:

(1) The person being served expressly gives his or her consent.

(2) The person being served has agreed that electronic service applies to the litigation.

(3) The person being served voluntarily provides an electronic address for service in the complaint or answer filed.

(4) The person being served accepts the completed electronic service by returning a receipt, participating in the litigation, and other means, without expressly disagreeing on electronic service.

Article 25 After receiving the express consent of the person being served, the people's court may electronically serve adjudicative instruments such as judgments, rulings, and consent judgments. If a party so requests, the people's court shall provide paper adjudicative instruments.

Article 26 Where a people's court uses an electronic address voluntarily provided or confirmed by a person being served for service, service takes places when the information served reaches the system where the electronic address is located.

If the person being served consents to electronic service but fails to voluntarily provide or confirm the electronic address, and the people's court uses an available electronic address of the person being served for service, whether service is completed shall be determined according to the following circumstances:

(1) If the person being served replies that the served materials have been received, or performs a corresponding litigant act according to the served content, the service shall be treated as being completed effectively.

(2) If the system in which the electronic address of the person being served is located feeds back the inspection by the person being served, or there is other evidence of receipt by the person being served, service shall be presumed effectively completed, unless the person being served has evidence that there is a system error, the address for service is not used by him or her, inspection is not made by him or her, or the content served is otherwise not received.

If service is completed effectively, the people's court shall prepare an acknowledgment of electronic service. The acknowledgment of electronic service shall have the effect of a receipt of service.

VII. Supplemental Provisions

Article 27 The Measures shall apply only to 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.

For the purpose of the Measures, "people's court" means a people's court under the pilot program; people's courts of second instance include intermediate people's courts, intellectual property courts, and financial courts under the pilot program; and intermediate people's courts and basic people's courts include rail transport intermediate courts and basic courts in the regions under the pilot program.

Article 28 The higher people's courts in regions under the pilot program shall formulate specific implementation plans and relevant institutional provisions in accordance with the Measures, based on the actual work, and file them with the Supreme people's Court before February 10, 2020.

On the premise of formulating implementation plans, revising existing norms, and effectively connecting mechanisms, the higher people's courts in regions under the pilot program shall arrange for the courts under the pilot program to comprehensively launch the pilot program on the date of issuing the Measures, effective for a period of two years. Prior to January 1, 2021, the higher people's courts in regions under the pilot program shall prepare and make an interim report on the pilot program to the Supreme people's Court.

Article 29 The power to interpret the Measures shall remain with the Supreme People's Court.

Article 30 The Measures shall be filed with the Standing Committee of the National People's Congress and come into force on the date of issuance; and in the case of any discrepancy between the previous relevant civil procedure system and the Measures, the latter shall prevail.