(Jing Gao Fa [2018] No.136, effective from March 19,2018)

Chapter One General Provisions

Article I [Purpose and Legal Basis] In order to regulate the complex-simple distribution and litigation-mediation matching procedures of civil cases, promote the litigation-mediation effect, and actualize the distribution of complex and simple cases, this administrative regulation on procedures is formulated in accordance with the provisions of the Civil Procedures Law of the People’s Republic of China, the (Trial) Operating Regulations of the Supreme People’s Court on Complex-simple Distribution and Mediation Immediate Judgment of Civil and Commercial Cases and with reference to the actual conditions of Beijing courts.

Article II [Definition] Complex-simple distribution and litigation-mediation matching of civil cases refers to a working mechanism of courts for resolving effective a large number disputes at the beginning litigation by enhancing the procedure distribution by deploying comprehensively such modes of dispute settlement as pre-filing delegated mediation, after-filing mediation and judge’s mediation, and immediate judgment according to such factors as nature and features of cases.

The procedure administration of complex-simple distribution and litigation-mediation matching of civil cases means to define the standard, rule and mode of procedure distribution, regulate all the links of pre-filing delegated mediation, after-filing delegated mediation and judge’s mediation, and immediate judgment, and all the activities of matching with the back-end trial.

Article III [Connotation of Litigation-mediation Matching] For the purpose hereof, litigation-mediation matching, including pre-filing assigned mediation and after-filing delegated mediation, refers to a working mechanism for the procedure distributor to assign or delegate, before or after case filing, the case that is in compliance with the filing conditions as reviewed and is suitable for mediation to the special mediator or special mediation organization for mediation first, on the premises of soliciting the desire of the parties.

Article IV [Connotation of Immediate Judgment] For the purpose hereof, immediate judgment refers to the working mechanism for mediation and quick trial by screening and distributing, at the stage of case filing, the simple cases with evident facts, clear and definite relationship of rights and obligations and trivial disputes between the parties, and making use of IT means, taking the centralized administrative measures of trial auxiliary affairs and optimizing the resource allocation and the trial procedure arrangement, according to the standard and rule of complex-simple distribution.

Article V [Procedure Distributor and Duties] The people’s court should set up the full-time procedure distributor, or the case-filing judge shall act as the procedure distributor. The major duties of the procedure distributor are as follows:

(1) Actively guide the parties to choose the mediation first or other non-litigation modes for dispute settlement and, where the party chooses the mediation first, lead the case into the multiple mediation;

(2) Determine the applicable procedures for the procedure when registering the case according to the case type and features, applicable law, social impact, the parties’ desire and other factors;

(3) Distribute centrally the series, mass or associated cases;

(4) Follow up, prompt, urge and supervise the mediation time limit of mediation-first cases;

(5) Carry out the proper matching for mediation to transfer to immediate judgment and immediate judgment to back-end trial procedures;

(6) Other work related to the case distribution and procedure transformation.

Article VI [Mediation and Immediate Judgment Case-handling Team] According to the needs for resolving disputes by multiple mediation and immediate judgment distribution at the stage of case filing, the court shall establish the case-handling team, composed of the full-time mediation judge (immediate judgment judge), special mediator, judge assistant and clerk, for processing the cases of mediation first and immediate judgment.

Article VII [Duties of Full-time Mediation Judge (Immediate Judgment Judge)] The people’s court shall designate, as per needs of immediate judgment, a certain number of judges as the full-time mediation judge (immediate judgment judge), responsible for the following:

(1) Guide the assigned or delegated mediation;

(2) Carry out the judge-chaired mediation for the cases unsuitable for assigned or delegated mediation or not assigned or delegated for mediation, when it is considered as necessary;

(3) Review and prepare the judicial ascertained ruling, mediation agreement or withdrawal decision for the cases on which the mediation agreement is reached;

(4) Carry out the immediate judgment for the cases on which mediation fails and which is suitable for immediate judgment.

Article VIII [Duties of Mediator] The major duties of the special mediator and special mediation organization include:

(1) Mediate for the cases of mediation-first;

(2) Guide the parties to complete the Confirmation of Service Address for Parties and explain to the defendant the effect of it;

(3) Guide the parties to complete the Case Factors Form for the cases applicable to the factor-oriented trial;

(4) Record the facts not disputed by the parties;

(5) Sort out the dispute focus of the cases on which mediation fails;

(6) Other auxiliary tasks of trial assigned by the judge.

Article IX [Duties of Judge Assistant] The duty of the judge assistant in the mediation and immediate judgment case-handling team is to assist the judge in handling the immediate judgment cases, including particularly:

(1) Review the litigation materials, organize the pre-court exchange of evidences, and sort out the dispute focus of the case;

(2) Chair the pre-court mediation for and on behalf of the judge;

(3) Guide the parties to complete or perfect the Case Factors Form for the cases applicable to the factor-oriented trial;

(4) Investigate, collect and check the relevant evidences according to law;

(5) Handle such matters as delegated authentication, appraisal and auditing;

(6) Assist the judge in taking the preservative measures in litigation;

(7) Draft the legal document according to the requirement of the judge; and

(8) Complete other auxiliary tasks, as assigned by the judge, in matching with the judgment.

Article X [Duties of Clerk] The major duties of the clerk in the mediation and immediate judgment case-handling team include:

(1) Handle the routine tasks in the pre-court preparation for the mediation and immediate judgment cases;

(2) Carry out the recording task in the process of mediation or trial;

(3) Sort out, bind and file the case materials;

(4) Complete other routine tasks assigned by the judge and judge assistant.

Article XI [Functional Divisions of Tier-3 Court] At the grass-roots court, the case filing chamber or the independent immediate judgment tribunal shall be generally responsible for the multiple mediation and immediate judgment. The independent immediate judgment tribunal shall be the multiple mediation and immediate judgment, and the case filing chamber and immediate judgment tribunal shall collaborate in leading in the mediation-first cases in the link of case filing and identifying and screening the simple cases.

The case filing chamber shall be generally responsible for the construction of the litigation-mediation matching platform, organization of special mediation and management of the special mediator list, file management of multiple mediation and immediate judgment and statistical work of data.

The intermediate court sets up the litigation-mediation matching in the case filing chamber, or establish the immediate judgment at all the judicial tribunal to try the appeal cases of immediate judgment.

The high court’s case filing chamber shall be responsible to guide and supervise the multi-element and immediate judgment.

Article XII [Complex-simple Distribution Mode and Time Limit of Cases] The people’s court shall establish the “electronic + manual” modes of case procedure distribution and the procedure distributor shall carry out the complex-simple distribution of cases according to the following provisions:

(1) As for the cases with the target amount below 30% of the annual average salary of the employees for the preceding year in the provinces, autonomous regions and municipalities and applicable to the small-claim procedure according to the Civil Procedure Law of the People’s Republic of China, where it is identified as a simple case automatically by the computer in filing the case, the case-filing system automatically recommends the assigned mediation procedure for treatment, and where the mediation fails, it shall be treated according to the immediate judgment.

(2) Except for the cases prescribed in Paragraph (1) above, as for such eight major categories of cases as family affairs, property heating, traffic accident, sales contract, civil private lending, financial loan, credit card and labor contract disputes, according to the factor adjustment sub-factor and special adjustment sub-factor of the cases, the computer system is used to identify automatically the complexity and simplicity of cases. The case-filing system shall be used to automatically recommend the assigned mediation procedure for the treatment of the simple cases and where the mediation fails, the immediate judgment procedure shall be applied for treatment. The case-filing system shall be used to automatically recommend the back-end trial procedure for treatment of complex cases.

(3) As for the cases of confirming the effect of people’s mediation agreement, procedure for hastening debt recover and procedure for publishing public notice for assertion of claims, which are identified as simple cases automatically by the computer in filing the case, the case-filing system shall be used to automatically recommend the immediate judgment procedure for treatment.

(4) As for commercial house presale, lease, undertaking, mediacy, recovery right, labor contract and other disputes, the procedure distributor shall identify manually whether it is suitable to bring into the multiple mediation and immediate judgment procedure according the case facts, legal relationship and the information provided by the parties. Where it is considered as suitable for the immediate judgment, the simple procedure shall be applied to distribute to the full-time mediation judge (immediate judgment judge) for handling.

The case procedure distribution shall be generally completed on the date of case registration and filing, within three days.

Chapter Two  Litigation-mediation Matching

Article XIII [Case Scope of Pre-filing Assigned Mediation] As for the following disputes suitable for mediation, the procedure distributor shall guide the parties to choose the pre-filing assigned mediation:

(1) Family-affair dispute;

(2) Neighborhood dispute;

(3) Disputes on consumers’ right protection;

(4) Disputes on automotive traffic accident responsibility;

(5) Labor service disputes;

(6) Disputes on property service;

(7) Disputes on water, power, gas and heat supply;

(8) Small-amount debt disputes;

The amount or price defined in Paragraph (8) above can be adjusted by the court according to the particular circumstances of cases and the level of local economic development.

Article XIV [Mediation Case Output] As for a civil case meeting the filing condition, in case of considering it as suitable for pre-filing assigned mediation, the procedure distributor shall distribute to the parties the Notice of Mediation First, explain to the parties the features, personnel and legal effect of the mediation first, principle of voluntary mediation, provision on reduction and exemption of litigation fees, and other relevant matters, and with reference to the dispute nature, guide the parties to choose first such modes as people’s mediation or industrial professional mediation for dispute settlement.

Where the parties agree to choose the pre-filing assigned mediation, the case-filing judge shall guide the parties to sign the Application for Case Filing and Mediation.

Where the parties refuse definitely the pre-filing assigned mediation, the case shall be promptly filed.

Article XV [Specific Person Matching] The litigation-mediation matching center of the case filing chamber or immediate judgment tribunal shall designate a person as responsible for the hand and take-over of pre-filing assigned mediation case.

Article XVI [Time Limit for Procedure Distribution of Assigned Mediation Cases] Where a party chooses the resident special mediator for mediation, the procedure distributor shall hand over the case, within two days after the party signs the Application for Case-filing and Mediation, to the litigation-mediation matching center of the case filing chamber or the immediate judgment tribunal.

Where a party chooses the industrial and professional special mediation organization for mediation, the procedure distributor shall hand over the case, within three days after the party signs the Application for Case-filing and Mediation, to the special mediation organization.

Article XVII [Procedure and Time Limit of Assigned Mediation Cases] The litigation-mediation matching Center of the case filing chamber or the immediate judgment tribunal shall, on the date of receiving the pre-filing assigned mediation case handed over by the case filing chamber, distribute the case to the full-time mediation judge (immediate judgment judge). The full-time mediation judge (immediate judgment judge) shall, on the same day of receiving the case, distribute the case to the special mediator of the team. The full-time mediation judge (immediate judgment judge) shall confirm the treatment result in the multiple mediation system within three days as from the date when the special mediator completes the case handing.

Article XVIII [Guidance for Mediation] The full-time mediation judge (immediate judgment judge) shall guide, during the whole course, the special mediator for mediation.

The litigation-mediation matching center of the case filing chamber shall designate the full-time mediation judge (immediate judgment judge) to guide the mediation of the industrial professional special mediation organization and can carry out the prior review over the legality, effectiveness, and executability of the mediation agreement reached under the chair of the industrial professional special mediation organization.

Article XIX [Treatment of Assigned Mediation Success] Where the assigned mediation reaches the mediation agreement, it shall be treated as per following circumstances:

(1) As for the mediation agreement reached through assigned mediation, the parties may apply for judicial confirmation according to the civil procedures law, people’s mediation law and other laws. On the premises of reviewing the compliance with the relevant legal provisions, the court shall file the case according to law and issue the decision of judicial confirmation; when the party applies for issuing the mediation paper and such application complies with the relevant legal provisions as per review, the court may issue the mediation paper upon filing the case.

(2) In case of immediate fulfillment or other circumstances, when the parties do not apply to the court for issuing the judicial confirmation of decision or mediation paper, the mediator shall guide the party to submit the withdrawal application and upon filing the case, and the full-time mediation judge (immediate judgment judge) shall handle it as the withdrawal applied by the party.

Where the party fails to submit the withdrawal application, the court files the case according to law, and the litigation fees are paid within the period specified by the court, and upon filing the case, the full-time mediation judge (immediate judgment judge) shall treat it as automatic withdrawal.

Article XX [Charge of Litigation fees for Cases of Successful Mediation] As for the case of successful assigned mediation, where the party applies to the court for issuing the decision of judicial confirmation, no litigation fees shall be charged according to law; where the party applies to the court for issuing the mediation paper, further reduction or exemption shall be applied on the basis of decreasing the litigation fees by half; where the parties reach a mediation agreement and apply for withdrawal, the case acceptance fee shall be exempted;  

Article XXI [Treatment of Cases of Unsuccessful Assigned Mediation] The cases of unsuccessful assigned mediation shall be treated according to the following circumstances:

(1) The ordinary cases, in which the defendant participates in mediation procedure at court and mediation fails, but the facts are clear, the relationship of rights and obligations is clear and definite and the disputes between the parties is not big, shall be transferred, upon filing the case, directly into the immediate judgment procedures;

(2) The cases of property heating dispute, credit card disputes and financial loan contract disputes with one defendant due to overdue fees and payments, for which the procedure for the service by public notice may be applied, or a series of labor service contract disputes with one defendant, for which the defendant fails to participate in the multiple mediation procedure at court, but the legal relationship is definite, facts are clear and evidences are adequate, may be transferred, upon filing the case, into the immediate judgment procedure for collective trial.

(3) The complex and new cases with such material difficulties as difficult delivery to the defendant, case facts to be further checked up and investigated for evidences, upon review and approval of the procedure distributor, it shall be filed and transferred to the back-end judicial tribunal.

Article XXII [Time Limit for Mediation] As for the cases of mediation assigned by the people’s court, the time limit for mediation shall be thirty days. However, where the parties both agree in writing to extend the time limit for mediation, the time limit may be extended for thirty days. Where the mediation fails within sixty days for the cases of assigned mediation, the cases will be output by the multiple mediation system compulsorily to the case filing system mandatorily for numbering and distributing, except for the special circumstances.

The time limit for assigned mediation shall be as from the date when the special mediator or special mediation organization signs the receipt of the materials handed over by the court.

Article XXIII [Scope of After-filing Delegated Mediation] As for the following disputes suitable for mediation, the procedure distributor shall guide the parties to choose the after-filing delegated mediation:

(1) Internet-related disputes;

(2) Medical and beauty-related disputes;

(3) Pawn disputes;

(4) Disputes on securities and futures;

(5) Insurance contract disputes;

(6) Labor disputes;

(7) Construction project contract disputes, house trading contract disputes and other disputes related to real estate development;

(8) Disputes of trade, undertaking, consignment and lease with a relatively big target amount;

(9) Disputes on application for revoking the arbitration award of labor dispute;

(10) Other disputes suitable for assigned mediation.

Where the parties choose the delegated mediation, the case shall be suspended for trial and transferred to the special mediator or special mediation organization for mediation.

Article XXIV [Treatment of Successful Delegated Mediation] Where the delegated mediation reaches the mediation agreement, the mediator shall submit the mediation agreement to the people’s court and the people’s court shall review and prepare the mediation paper for winding up. Where the party applies for withdrawal after the mediation agreement is reached, the people’s court shall make the decision for withdraw according to law.

Article XXV [Treatment of Cases of Unsuccessful Delegated Mediation] Where the delegated mediation of an immediate judgment case fails to reach the mediation agreement, it shall be treated according to the following circumstances:

(1) As for case in which the facts are evident, relationship of rights and obligations is clear and define and dispute is trivial in character, the judge of immediate judgment shall carry out the immediate judgment according to the facts investigated and clarified and evidences fixed in the process of delegated mediation;

(2) The difficult complex and new cases with case facts to be further checked up and to be further investigated for evidences shall be submitted to, three days prior to the expiry of the time limit of mediation, the procedure distributor for reviewing before being transferred to the back-end judicial tribunal for trial.

Article XXVI [Time Limit of Mediation] The time limit of mediation for cases delegated by the people’s court shall be fifteen days. Where it is agreed by the parties, the time limit can be extended appropriately, but not more than fifteen days. The time limit of mediation shall not be included in the time limit of trial.

As for the case in which the delegated mediation fails to reach a mediation agreement, it is necessary to form a wind-up report, defining the dispute focus of the case, circumstances of evidences exchanged by the parties, or putting forward professional opinions on professional issues involved, which shall be returned, together with all the case files, to the court. The case filing chamber shall, within three days, hand over the case to the judicial tribunal for trial.

Article XXVII [Reference to Provisions for Assigned Mediation] Where it is not provided for delegated mediation, reference shall be made to the relevant provisions for assigned mediation.

Chapter Three Immediate Judgment

Article XXVIII [Mediation First to Immediate Judgment] The simple civil cases in which the mediation first fails, but with evident facts, clear and definite legal relationship and trivial dispute in character shall be input by the procedure distributor into the immediate judgment procedure for the full-time mediation judge (immediate judgment judge) to carry out the immediate judgment directly.

Article XXIX [Scope of Cases not suitable for Immediate Judgment] The following cases shall not be brought into the scope of immediate judgment cases:

(1) Cases of new types;

(2) Complex cases with material difficulties;

(3) Cases with the defendant missing at the time of litigation;

(4) Cases which the superior people’s court remands for retrial, instructs for filing and accepting, designates for trial, designates the jurisdiction, or other people’s courts to hand over to the jurisdiction;

(5) Cases of re-trial;

(6) Other cases not suitable for immediate judgment.

Article XXX [Judge’s Mediation] Where the cases input into the immediate judgment procedure are suitable for mediation, as consented by the parties, the full-time mediation judge (immediate judgment judge) or the judge assistant authorized by the full-time mediation judge (immediate judgment) shall organize the mediation at court.

Article XXXI [Withdrawal of Cases from Immediate Judgment Mechanism] As for the cases brought in the immediate judgment procedure, in case of any one of the following circumstances, where the sector of immediate judgment considers as not suitable for immediate judgment, the objection shall be, generally within seven days as from the date of filing the case, put forward to the procedure distributor. In case of considering such objection as established, the procedure distributor may recover the case and apply the ordinary procedure for allocating to the back-end trial sector.

(1) The parties increase or alter the claims and submit counterclaims;

(2) Cases requiring for additional parties;

(3) Cases requiring to carrying out the investigation for evidences, survey, authentication, auditing and appraisal;

(4) Cases with relevant high social concerns;

(5) Other circumstances that cause the case not suitable for immediate judgment.

Withdrawal of cases from the immediate judgment procedure shall be approved by the principal of immediate judgment before being submitted to the procedure distributor review and varication. Where the procedure distributor considers, upon review and verification, the objection as established, the case shall be submitted to the principal of the case-filing department for approval before being changed to the ordinary procedure and allocated to the back-end trial department.

In case of any change of trial procedure and judicial tribunal in the process of immediate judgment, the court shall inform the parties.

Article XXXII [Time Limit of Trial for Cases of Immediate Judgment] Where a cases of immediate judgment is applicable to the simple procedure for trial, it shall be wound up within fifteen days as from the date of filing and such time limit can be extended upon approval of the presiding judge, but for not more than two months.

The full-time mediation judge (immediate judgment judge) shall apply the ordinary procedure in trying such simple cases requiring the service by public notice as property heating disputes, credit card disputes and financial loan contract disputes with one defendant due to overdue fees and payments, or a series of labor service contract disputes with one defendant, but shall wind up such cases within fifteen days upon expiration of the period stated in the public notice.

Cases of applying for judicial confirmation of mediation agreement, procedure for hastening debt recovery and procedure for publicizing public notice for assertion of claims shall be wound up within the statutory time limit.

Article XXXII [Time Limit for Producing Evidence and Defense Period] The time limit of producing evidences for cases of immediate judgment shall be determined by the court, or may be agreed unanimously the parties and approved by the people’s court. Where the defendant requires to defending in writing, the court may determine reasonably the period of defending within the time limit provided by law on the basis of obtaining its consent.

Where the parties both express no requirement for the period of producing evidences and the defense period, it shall be noted and court hearing shall be immediately held or time shall be chosen for hearing.

Article XXXIV [Mode of Notification] As for case of immediate judgment, such simple and flexible modes as telephone, SMS, fax or e-mail may be used to notify the parties and proper record shall be carried out.

Article XXXV [Mode of Hearing] For cases of immediate judgment, court hearing may be undertaken in such simple modes of online video. Court hearing can be flexibly arranged on the premises of ensuring adequately that the parties express their opinions. Generally, one court hearing shall be held, without limitation of the court investigation and court argument and other procedures. However, it shall be necessary to inform the parties of such basic litigation rights as avoidance and appeal and listen to the representation of the parties about the case facts.

Article XXXVI [Central Management of Auxiliary Affairs] During the process of trying the cases of immediate judgment, the specific personnel can be arranged to handle the auxiliary affairs of judgment such as central service and appraisal.

Article XXXVII [Formation of Judgment Document] For cases of immediate judgment, such simplified forms of judgment documents can be used as form, order, and element.

Article XXXVIII [Litigation Fees] For cases of immediate judgment, litigation fees shall be charged as per cases of simple procedure, except where the procedure for service by public announcement is applicable.

Chapter Four Supplementary Provisions

Article XXXIX [Informatization] The case-filing judge, mediator or mediation organization, full-time mediation judge (immediate judgment judge) shall receive and input the relevant information of multiple mediation and immediate judgment promptly, accurately and completely in the multiple mediation information system.

The performance assessment shall be subject to the data information in the multiple mediation information system.

Article XL [Assessment] The effect of multiple mediation and immediate judgment shall be brought into the judge performance evaluation system and the “dual-model and two-advanced” court assessment system.

Beijing High People’s Court will rate and circulate the multiple mediation and immediate judgment effect of all the courts.

The performance evaluation of multiple mediation and full-time mediation judges (immediate judgment judges) shall be implemented according to the Measures of Beijing Courts for Evaluation of Case-handling Performance of Judges (Trial).

Article XLI [Distribution of Mediation Subsidies] The case filing chamber of courts shall be responsible to review and verify the funds of subsidies for cases of multiple mediation. The courts shall formulate their rules for distributing the subsidies for cases of multiple mediation and submit the same to Beijing High People’s Court for filing before implementation. The subsidies for cases of multiple mediation shall be distributed strictly according to the provisions.

Article XLII [Interpretation and Implementation] It shall be the responsibility of the case filing chamber of Beijing High People’s Court to interpret this regulation.

This regulation shall be implemented as from the date of release.

Annex 1: Application for Multiple mediation at the Stage of Case Filing

Annex 2: Letter of Delegation for Case Filing and Mediation

Annex 3: Confirmation of Service Address

Annex 1            Beijing     People’s Court

Application for Multiple mediation at the Stage of Case Filing

In order to practice the aim of justice for people, give adequate play to the active role of resolving conflicts and disputes at the stage of case filing, and provide the people with the easy, efficient and multi-element channels for dispute settlement, in accordance with the Administrative Regulation on Complex-Simple Distribution and Litigation-mediation Matching Procedures for Civil Cases formulated by Beijing High People’s Court , you may choose the pre-filing assigned mediation or after-filing delegated mediation. Where the parties reach a mediation agreement upon filing for mediation and the plaintiff applies for withdrawal, the case acceptance fee shall be exempted; in the case of applying for the judicial confirmation, no litigation fees shall be charged according to law; in the case of applying for issuing the mediation paper, further reduction or exemption shall be applied on the basis of deducting half of the litigation fees. Upon expiration of mediation period, where the parties fail to reach a mediation agreement, we shall file the case immediately for hearing.

Case-filing Judge:   

Annex 2          Beijing     People’s Court

Letter of Delegation for Case Filing and Mediation

Annex 3

Beijing     People’s Court

Confirmation of Service Address