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2020-06-29
Courts Required to Review Online Applications for Case Filing within Seven Days Upon Receipt

The Supreme People's Court ("SPC") has recently issued the Circular on Strengthening and Regulating Work on Online Litigation during the Period of Prevention and Control of the Novel Coronavirus Pneumonia (COVID-19) Epidemic (the "Circular").

The Circular mainly provides clarity on the rules for online litigation. The first is regulating online identity authentication to ensure the right connection between "parties concerned, cases and account numbers". The second is standardizing the online processes to put cases on file. Courts are required to examine the online applications for putting cases on file within seven days upon receipt, and put the cases on file in a timely manner if the statutory requirements are fulfilled. The third is vigorously promoting online mediation. Efforts should be ramped up to resolve contradictions and conflicts during the COVID-19 outbreak. The fourth is standardizing the submission of litigation materials. The party concerned does not have to submit paper materials after the litigation materials it has submitted in an electronic way are examined and accepted by the court. The fifth is regulating online court trials and clearly specifying the circumstances in which online court trials are inappropriate. The sixth is regulating online adjudication. Courts will be allowed to inspect the electronic case files and collectively discuss cases in a remote manner, if conditions permit. The seventh is further promoting the application of electronic service of documents, and clarifying the conditions in which electronic service applies, the forms of electronic service, and the effectiveness standard. And the eighth is improving services for online litigation.





(Source: http://www.court.gov.cn/fabu-xiangqing-220071.html)