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Notice on Issuing the Provisions of Beijing High People’s Court
on Disclosure of Information in Commercial Cases

(Jing Gao Fa Fa [2019] No. 68,effective from February 14,2019)

No.1 Intermediate People’s Court, No.2 Intermediate People’s Court, No.3 Intermediate People’s Court, No.4 Intermediate People’s Court, Beijing Intellectual Property Court, The people’s courts of all districts and Beijing Internet Court: Departments of Beijing High People’s Court :

The people 's courts of all districts and Beijing Internet Court:

Departments of Beijing High People’s Court :

The Provisions of Beijing High People’s Court on Disclosure of Information in Commercial Cases are hereby issued to you for your compliance and implementation.

Beijing High People’s Court

February 14, 2019

 

Provisions of Beijing High People’s Court on Disclosure of Information in Commercial Cases

Deliberated and Adopted by the Judicial Committee of Beijing High People’s Court at the 1st Meeting of 2019

With the purpose of implementing the principle of open trial, protecting the parties’ right to know about trial activities, standardizing the disclosure of trial information in commercial cases in Beijing courts and creating a more stable, fair, transparent and predictable business environment, in accordance with the Opinions of the Supreme People’s Court on Further Deepening Judicial Openness, the Provisions of the Supreme People’s Court on the Publication of Trial Process Information on the Internet by People’s Courts, the Provisions of the Supreme People’s Court on the Issuance of Judgments on the Internet by the People’s Courts and the Notice by the Supreme People’s Court of Disclosing Relevant Information in Civil and Commercial Cases, these Provisions are hereby formulated in light of trial practice of Beijing courts.

Article 1 The disclosure of information in commercial cases shall adhere to the principles of proactive disclosure, open disclosure, timely disclosure, overall disclosure, and substantial disclosure.

Article 2 The disclosure of information in commercial cases in Beijing courts shall include information on judicial operation, trial work, trial process, judgment documents, live video of the trial, and enforcement work .

Article 3 The trial process information in commercial cases in Beijing courts is open to the parties, legal representatives, as well as agent ad litem through China Judicial Process Information Online (https://splcgk.court.gov.cn), WeChat Official Account and App of "China Judicial Process Information Online".

Judgment of commercial cases is open to the public through China Judgments Online (http://wenshu.court.gov.cn) and Beijing Court Trial Information Online (http://www.bjcourt.gov.cn).

The court trial notice and live video of the trial of commercial cases are open to the public through China Open Trial Network (http://tingshen.court.gov.cn) and Beijing Court Trial Information Online.

Other information of commercial cases is open to the public through Beijing Court Trial Information Online.

Article 4 The following information on judicial operation of commercial cases shall be disclosed to the public through the Internet:

(I) Situation on case acceptance and settlement, as well as settlement rate in Beijing courts;

(II) The average time of trial and enforcement of commercial cases;

(III) Situation on case acceptance and settlement, as well as settlement rate of major types of commercial cases.

Article 5 The following information on trial work of commercial cases shall be disclosed to the public through the Internet:

(I) Regulatory documents of commercial trials;

(II) Commercial guidance cases;

(III) The roster of commercial judges and that of the people’s jurors;

(IV)The roster of appraisal institutions and that of bankruptcy administrators;

(V) Public announcement on determination of appraisal institution and bankruptcy administrator;

(VI) Announcement of court session.

Article 6 The following information on trial process of commercial cases shall be disclosed to the parties, legal representatives and agent ad litem through the Internet:

(I) The circumstances in which the parties file complaints and materials;

(II) The date on which the people’s court receives the complaint;

(III) The time limit for correction designated by the people’s court, and situation for correction by the parties;

(IV) Information on case number, cause of action, date of case-acceptance, date of filing, etc.;

(V) Name and office tel. of the judge, judge assistant as well as clerk, name and post of members of the collegial panel, and alteration of the above-mentioned personnel;

(VI) The circumstances in which the parties increase, waive, or modify the claims, or file a counterclaim;

(VII) The application of trial procedure and modification, whether the trial is heard in public or in court;

(VIII) The trial period, actual time for trial, the circumstances and causes of deducting, extending and recalculating the trial period;

(IX) The date and cause of suspension and the date of resumption of the lawsuit;

(X) The type of litigation documents served by the people’s court, the person to be served, the method of service, the time of commencement, and completion;

(XI) Closing date and closing method;

(XII) Appeals and protests;

(XIII) The transfer of the case;

(XIV) Effectiveness of the judgment;

(XV) bearing, paying or refunding, or delaying, reducing or exempting litigation expenses;

(XVI) The expected period of adjournments, i.e, the planned trial period for a case which is not concluded as required by the trial limit.

Article 7 Except for situations involving state secrets, or concluded by mediation, etc., which are not suitable for publication online, judgment of commercial cases shall be made public on the Internet 7 days after the cases coming into effect. Where the judgment of a commercial case involves trade secrets or personal privacy, relevant content shall be concealed before making it public.

Article 8 The live video of the trial of a commercial case shall be disclosed on the Internet except for situations involving state secrets, trade secrets, personal privacy, etc., which are not suitable for disclosure.

Article 9 The following information on enforcement of commercial cases shall be disclosed to the public through the Internet:

(I) Online auction platform and the roster of auction institutions;

(II) Announcement on determining the auction and sale agency;

(III) Credit information on restraints of dishonest person subject to enforcement on quota of Beijing passenger car, departing, high or non-essential consumption, bidding behaviors, etc.

Article 10 The ID number, legal practitioner license number, organization code, and unified social credit code of the parties to a commercial case, legal representatives, and agent ad litem are the basis of identity verification of obtaining information on the trial process.

The parties, legal representatives and agent ad litem shall cooperate with the people’s courts that accept the case to collect and verify the identity information and reserve a valid mobile phone number.

Article 11 The information of announcement specified in Article 5 and 9, the information specified in Article 6, 7and 8 of the Provision shall be timely disclosed and updated in real time upon the date the information is formed. The information specified in Article 4, and other information specified in Articles 5 and 9 shall be updated quarterly at least. The information specified in paragrapg16 of Article 6 shall be disclosed in principle from the date of expiration of the trial limit. If it is difficult to determine the specific trial period due to objective reasons beyond the control of the court, it shall be timely disclosed and updated in real time from the date on which the objective reason is removed.

Article 12 The Provisions shall go into effect on the date of promulgation.