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Notice of the Supreme People's Court on Profoundly Rectifying Issues concerning “Six Types of Difficulties and Three Kinds of Lawsuits” for People-Oriented Judicial Justice | | 最高人民法院关于深入整治“六难三案”问题加强司法为民公正司法的通知 |
| (No. 140 [2014] of the Supreme People's Court) | | （法〔2014〕140号） |
| The higher people's courts of all provinces, autonomous regions, and municipalities directly under the Central Government; the Military Court of the People's Liberation Army; and the Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region: | | 各省、自治区、直辖市高级人民法院，解放军军事法院，新疆维吾尔自治区高级人民法院生产建设兵团分院： |
| Currently, the national court system is continually furthering rectification in the first batch of the Party's mass line educational practice activities, and firmly promoting the second batch of educational practice activities. In terms of the activities conducted, the problems frequently reported by the people on the judicial work style mainly include “difficult accessibility, unfriendly look, and difficult handling of affairs”, “difficulties in case filing, litigation and enforcement,” as well as “lawsuits affected by emotion, relation and money.” The issues concerning “Six Types of Difficulties and Three Kinds of Lawsuits” are a centralized reflection of “Formalism, Bureaucratism, Hedonism and Luxuriousness” in the court's work, severely deviate from the Party's mass line, hurt the people' feeling, damage the people's interests and harm the judicial credibility of people's courts, thus they should be rectified resolutely. To solidly promote the national court system's educational practice activities, vigorously enhance people-oriented judicial justice, further improve litigation services and endeavor to let the people feel fairness and justice in each judicial case, according to the relevant arrangements and requirements of the Central Government, you are hereby notified of the matters on profoundly rectifying the issues on “Six Types of Difficulties and Three Kinds of Lawsuits” as follows. | | 当前，全国法院系统第一批党的群众路线教育实践活动整改工作在不断深化，第二批教育实践活动在扎实推进。从开展活动情况看，人民群众对司法作风反映强烈的问题，主要是“门难进、脸难看、事难办”问题、“立案难、诉讼难、执行难”问题和“人情案、关系案、金钱案”问题。“六难三案”问题是“四风”问题在法院工作中的集中表现，严重背离党的群众路线，伤害群众感情，损害人民利益，危害人民法院司法公信力，必须坚决进行整治。为进一步扎实推进全国法院系统教育实践活动，大力加强司法为民、公正司法，进一步提高诉讼服务水平，努力实现让人民群众在每一个司法案件中都感受到公平正义的目标，根据中央有关部署要求，现就深入整治“六难三案”问题通知如下。 |
| I. Further improving litigation services | | 一、进一步强化诉讼服务 |
| 1. Promoting the construction of litigation service centers. The litigation service awareness shall be enhanced, the case filing hall, petition reception window, litigation service information platform and other functions shall be integrated, and litigation service centers shall be established to provide the parties with “one-stop” litigation services and handle all kinds of matters relating to litigation services in a centralized manner, so as to effectively resolve the people's difficulties in litigation. | | 1.推进诉讼服务中心建设。增强诉讼服务意识，整合立案大厅、信访接待窗口、诉讼服务信息平台等功能，建立诉讼服务中心，为当事人提供“一站式”诉讼服务，集中办理各项诉讼服务事项，切实解决群众打官司“办事难”的问题。 |
| 2. Improving litigation service facilities. Litigation service halls shall handle official affairs via counters or windows to uniformly provide litigation guidance, case filing review, inquiry and consultation, receipt, transfer and service of process, appointment with judge, answering questions after litigation, and other litigation services. Accessible pass, rest seats, water dispenser, writing, copying, faxing, network and other related facilities shall be set up and litigation guidance materials shall be provided. | | 2.完善诉讼服务设施。诉讼服务大厅实行柜台式或窗口式办公，统一提供诉讼引导、立案审查、查询咨询、收转送达、约见法官、判后答疑等诉讼服务。设置无障碍通道、休息座椅、饮水器具和书写、复印、传真、网络等设备，提供诉讼指导资料。 |
| 3. Strictly abiding by litigation reception requirements. Litigation service process shall be improved, litigation service standards shall be regulated, and litigation service rules shall be issued. The relevant persons shall receive the people in a civilized and polite manner, behave decently, be warm-hearted, and provide thoughtful, efficient and convenient services to the people. Arrogance, cockiness and other feudal custom, as well as indifference, insolence, prevarication, delay, wrangling and other similar conduct shall be resolutely eradicated. | | 3.严格诉讼接待要求。完善诉讼服务流程，规范诉讼服务标准，公布诉讼服务制度。接待群众要文明礼貌，举止得体，态度热情，服务周到，高效快捷。坚决杜绝高高在上、盛气凌人等衙门习气，坚决杜绝冷硬横推、拖延扯皮等行为。 |
| 4. Offering additional online litigation services. The construction of the litigation service information platform shall be enhanced, litigation information shall be offered and updated in a timely and active manner, and case information inquiry, litigation guidance, online case filing, appointment-based case filing, application submission, online complaints and petitions, online appointment-based reception of visits, complaint and advice, and other services shall be provided. | | 4.增设网上诉讼服务。加强诉讼服务信息平台建设，及时主动推送、更新诉讼信息数据，提供案件信息查询、诉讼指引、网上立案、预约立案、提交申请、网上申诉信访、网上预约接访、投诉建议等服务。 |
| 5. Expanding 12368 hotline service functions. The 12368 litigation service hotline shall be generally opened, and mobile Internet hotline functions shall be relied to build a mobile communication service platform interconnecting with the online service platform and litigation service hall, so as to provide the people with all kinds of litigation information services in an efficient and convenient manner. | | 5.拓展12368热线服务功能。普遍开通12368诉讼服务热线，依托移动互联网延伸热线功能，构建与网上服务平台、诉讼服务大厅互联互通的移动通讯服务平台，为群众快捷便利地提供各类诉讼信息服务。 |
| II. Further enhancing case filing and acceptance | | 二、进一步加强立案受理 |
| 6. Facilitating the people's litigation and case filing. Appointment-based case filing rules shall be established to actively file cases during statutory holidays under particular circumstances. Long-distance and online case filing shall be promoted based on the actual local circumstances, and such services as filing cases by visiting the injured, the sick, the disabled and the senior who are incapacitated shall be provided. The people's courts may be designated to conduct examination and file cases in remote areas with traffic inconvenience. | | 6.方便群众诉讼立案。建立预约立案制度，积极做好特殊情况的节假日立案工作。因地制宜地推行远程立案、网上立案，为行动不便的伤病患者、残疾人、老年人等提供上门立案服务。在交通不便的偏远地区，可指定人民法庭审查立案。 |
| 7. Accepting filing of complaints and applications in a timely manner. The acceptance conditions shall not be set separately other than those prescribed by laws, and the case filing claims in compliance with case filing conditions shall be not rejected, shirked or delayed. The statutory time limit for filing cases shall be strictly implemented, and the parties shall be notified of case filing examination results in a timely manner. The pre-litigation mediation procedures shall be regulated in accordance with law, and no filing of case after long-term mediation shall be eradicated. | | 7.及时受理起诉和申请。严禁在法律规定之外另设受理条件，不得对符合立案条件的诉求拒绝立案、推诿立案、拖延立案。严格执行立案受理法定期限，及时告知当事人立案审查结果。依法规范诉前调解程序，杜绝久调不立。 |
| 8. Accurately notifying the requirements for case filing materials. Litigation samples shall be provided to the parties, the inquiries of the parties shall be answered patiently, and the parties shall be notified of the relevant requirements for case filing materials in a comprehensive and accurate manner. Where the case filing materials of the parties are incomplete or the contents or form of the written complaint does not conform to the relevant provisions, the methods for supplementation or correction shall be clarified at one time, so as to avoid the parties' round trip and repeated revision. | | 8.准确告知立案材料要求。向当事人提供诉状样本，耐心回答当事人的询问，全面准确告知立案材料有关要求。当事人立案材料不全或诉状内容、形式不符合规定的，一次讲清如何补齐或更正，避免当事人多次往返、反复修改。 |
| 9. Providing judicial aid in accordance with law. The relevant formalities shall be handled in a timely manner for the parties meeting the conditions for the delayed payment, reduction or exemption of litigation costs, so as to ensure that the persons who have justifiable reason and no money may afford litigation costs. The relevant reasons shall be explained patiently to the parties in non-compliance with the conditions for the delayed payment, reduction or exemption of litigation costs. | | 9.依法提供司法救助。对符合诉讼费缓、减、免条件的当事人，及时办理有关手续，确保有理无钱的人打得起官司。对不符合诉讼费缓、减、免条件的当事人，要耐心说明理由。 |
| 10. Enhancing the notification of litigation risks. Litigation guidance shall be effectively conducted, and litigation rights and obligations shall be notified in a comprehensive manner. Litigation risks shall be reminded kindly, and the parties shall be directed to treat litigation in a reasonable manner and make reasonable claims in accordance with law. | | 10.加强诉讼风险告知。做好诉讼指引工作，全面告知诉讼权利和义务。善意提示诉讼风险，引导当事人理性对待诉讼，依法提出合理诉求。 |
11. Conducting circuit reception of petitions and video reception of petitions. Circuit reception of petitions shall be conducted in the places where the people initiate litigation-involved petitions in a centralized manner, so as to resolve problems in lawsuit-involved petitions on the spot. The long-distance video petition reception system of courts shall be relied to let the people express their claims to the courts at higher levels, and the judges of courts at higher levels shall receive long-distance petitions through videos.
．．．．．． | | 11.开展巡回接访、视频接访。在群众涉诉信访集中的地方开展巡回接访，促使涉诉信访问题就地化解。依托法院远程视频接访系统，让人民群众在当地就可以向上级法院反映诉求，由上级法院法官通过视频进行远程接访。
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