According to the "People's **" report on December 27, at present, in response to the problem of irregular case filing work, the Supreme People's Court is drafting the "People's Court Case Filing Window Work Specifications", which clearly stipulates the irregular situations that the masses have complained about a lot, such as the receipt of materials, one-time supplemental and correction notices, formal review requirements, online case filing, cross-domain case filing and handling, and window behavior norms, so as to comprehensively improve the standardization, standardization and facilitation of case filing work.
Filing a case is a prerequisite for trial, and filing a case in accordance with the law is the beginning of a fair judiciary. In view of the problem of irregularities in case filing in some localities, the Supreme People's Court plans to issue work norms and strengthen the mechanism for supervising the handling of complaints against non-filing cases, which is not only conducive to the standardization and institutionalization of court work, but also conducive to strengthening the protection of citizens' right to litigate, and further demonstrating the temperature of justice for the people.
Since the implementation of the reform of the case filing and registration system in China, the people's courts have comprehensively unblocked channels for the expression of the public's demands, establishing and improving three-dimensional convenient case filing models such as on-site case filing, handheld case filing, cross-domain case filing, and roving case filing, so as to effectively protect the parties' right to sue. However, in the process of implementing the case registration system, some courts have deviated.
For example, some local courts do not implement the case filing work system in place, and the implementation is not thorough, and there are cases where the case filing window does not issue written evidence after receiving the pleadings, prevaricates the filing of cases on the grounds that they do not fall within the jurisdiction of the court, and has stricter standards for the review of new types of cases.
There are many reasons why some local courts have not filed cases and have shirked and delayed the filing of cases. For example, some are affected by performance appraisals, and in order to pursue a high case completion rate, they restrict case filing and increase the threshold for case filing at the end of the year;Some people are unwilling to increase their workload because of the "small number of cases", so they extend the time limit for filing casesSome people do not have a strong sense of serving the people, and the "yamen consciousness" is to blame.
In recent years, the Supreme People's Court has corrected relevant problems by opening the 12368 litigation service ** "non-filing" complaint supervision channel, issuing daily supervision notices, and having local courts verify and feedback the results of handling within 5 working days, and have achieved remarkable results. At the same time, some local courts have collaborated with other authorities to assist parties in inquiring and completing the necessary information and conditions for filing a caseSome local courts have strengthened mediation by promoting the docking mechanism for litigation and mediation, and to a certain extent, the problem of non-filing of cases has also been resolved.
There are cases that are not filed, and cases are prevaricated, although the reasons are not.
First, the degree is different, but they will all cause adverse effects. On the one hand, this will affect the image of the people's courts. Nowadays, "striving to make the people feel fairness and justice in every judicial case" has become a consensus, and the failure to file a case is seriously contrary to this. On the other hand, it affects the protection of the right to sue. The right to sue is a legal right, and the failure to file a case actually infringes on people's right to sue. Judicial adjudication is the final link in determining the division and ending disputes, if some parties cannot even file a case, how can the judiciary effectively resolve the dispute and thus play its due function?
Through the introduction of the work specifications for the case filing window, the trial process management function is extended to the stage of receiving prosecution materials, the establishment of a full-cycle supervision mechanism for case filing is promoted, the full-cycle supervision and whole-process tracking from the submission of prosecution materials by the parties to the court, and the dynamic supervision of the non-filing of cases by local courts is further strengthened, which is not only a powerful measure to optimize the management of the trial process of the people's courts, but also an important guarantee for the maintenance of citizen litigation. It is hoped that the relevant work norms will be issued as soon as possible, and the problems in reality will be resolved as soon as possible, so that people can feel that justice is for the people from the moment the case is filed.