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| Several Opinions of the Supreme People's Court on Further Promoting the Efficient Distribution of Complex and Simple Cases and Optimizing the Allocation of Judicial Resources | | 最高人民法院关于进一步推进案件繁简分流优化司法资源配置的若干意见 |
| (No. 21 [2016] of the Supreme People's Court) | | （法发〔2016〕21号） |
| In order to further optimize judicial resources, improve judicial efficiency, promote judicial fairness, reduce the parties' litigation costs, and safeguard the lawful rights and interests of the people, the following opinions on how to further promote the distribution of complex and simple cases and optimize the allocation of judicial resources are hereby put forward in accordance with the Civil Procedure Law of the People's Republic of China, the Criminal Procedure Law of the People's Republic of China, the Administrative Litigation Law of the People's Republic of China, and other relevant legal provisions and in light of the actual work circumstances of the people's courts. | | 为进一步优化司法资源，提高司法效率，促进司法公正，减少当事人诉讼成本，维护人民群众合法权益，根据《中华人民共和国民事诉讼法》《中华人民共和国刑事诉讼法》《中华人民共和国行政诉讼法》等法律规定，结合人民法院工作实际，现就进一步推进案件繁简分流、优化司法资源配置提出如下意见。 |
| 1. The distribution of complex and simple cases shall be promoted by observing judicial rules. Trial resources shall be scientifically allocated and efficiently applied, simple cases shall be tried in a legal and speedy manner, and the trial of complex cases shall be strictly standardized, so as to realize the speedy trial of simple cases and the elaborate trial of complex cases. According to such factors as case facts, application of law, and social impact, appropriate trial procedures shall be selected and the conversion and connection between different procedures shall be standardized and improved, so as to achieve appropriate distribution of complex and simple cases and make great efforts to achieve better legal effects with smaller judicial costs. | | 1.遵循司法规律推进繁简分流。科学调配和高效运用审判资源，依法快速审理简单案件，严格规范审理复杂案件，实现简案快审、繁案精审。根据案件事实、法律适用、社会影响等因素，选择适用适当的审理程序，规范完善不同程序之间的转换衔接，做到该繁则繁，当简则简，繁简得当，努力以较小的司法成本取得较好的法律效果。 |
| 2. The screening and distribution of cases in the case-filing link shall be promoted. The local people's courts at various levels shall, in accordance with the legal provisions, scientifically develop the standards for distinguishing simple cases from complex ones and the rules for distributing them and by taking the method of “random distribution of cases first and designated distribution of cases second,” ensure that simple cases are tried in a timely manner by the people's courts or speedy trial teams. In principle, serial, mass, or related cases shall be tried by the same trial organization. For cases whose complexity or simplicity fails to be judged in a timely and accurate manner, the case-filing, trial, and trial management departments shall, in a timely manner, consult and communicate with each other, so as to realize the orderly and efficient distribution of cases. | | 2.推进立案环节案件的甄别分流。地方各级人民法院根据法律规定，科学制定简单案件与复杂案件的区分标准和分流规则，采取随机分案为主、指定分案为辅的方式，确保简单案件由人民法庭、速裁团队及时审理，系列性、群体性或关联性案件原则上由同一审判组织审理。对于繁简程度难以及时准确判断的案件，立案、审判及审判管理部门应当及时会商沟通，实现分案工作的有序高效。 |
| 3. The service procedure and service manner shall be improved. Where the parties have agreed on the service address before any dispute is arisen, the people's court may use this address as the confirmed address for the service of the litigation document. When a party brings an action or submits a defense, the written confirmation on the service address shall be filled out as required. The electronic service of the litigation document shall be positively used; and if a party consents to electronic service, he or it shall provide and confirm such electronic service addresses as fax number, e-mail address and WeChat ID. The China Judicial Process Information Online shall be made full use of, and a uniform electronic service platform for courts across the country shall be established. The service manner in which the national postal institution serves the litigation document in the form of special delivery for courts shall be improved. | | 3.完善送达程序与送达方式。当事人在纠纷发生之前约定送达地址的，人民法院可以将该地址作为送达诉讼文书的确认地址。当事人起诉或者答辩时应当依照规定填写送达地址确认书。积极运用电子方式送达；当事人同意电子送达的，应当提供并确认传真号、电子信箱、微信号等电子送达地址。充分利用中国审判流程信息公开网，建立全国法院统一的电子送达平台。完善国家邮政机构以法院专递方式进行送达。 |
4. The advantages of the fast-track trial procedure for civil cases shall be brought into play. In accordance with the provisions of the Civil Procedure Law and its judicial interpretation, the parties shall be actively guided in agreeing on the application of the summary procedure in the trial of a civil case. For a simple civil case where the amount of subject matter exceeds the prescribed standard or a civil case that does not fall under the circumstances as prescribed in paragraph 1 of Article 157 of the Civil Procedure Law but the amount of subject matter is below the prescribed standard, if both parties agree on the application of small claims procedure, the case may be tried by applying the small claims procedure. The special procedure for cases of security interest realization shall be applied according to the law. The parties shall be actively guided in transferring the case where a creditor requests the debtor's payment of money or negotiable securities cases into the supervision procedure, and the use of e-payment orders shall be promoted.
．．．．．． | | 4.发挥民事案件快速审判程序的优势。根据民事诉讼法及其司法解释规定，积极引导当事人双方约定适用简易程序审理民事案件。对于标的额超过规定标准的简单民事案件，或者不属于民事诉讼法第一百五十七条第一款规定情形但标的额在规定标准以下的民事案件，当事人双方约定适用小额诉讼程序的，可以适用小额诉讼程序审理。依法适用实现担保物权案件特别程序。积极引导当事人将债权人请求债务人给付金钱、有价证券的案件转入督促程序，推广使用电子支付令。
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