The case of Tianjin Court was selected!The Supreme Court released the "Selected Case of Judicial Reform of the People's Court"

Author:Tianjin Senior People's Court Time:2022.09.28

A few days ago, the Supreme People's Court released the "Selection of Judicial Reform Cases of the People's Court (Twelve)", and selected and compiled 11 courts to implement the pragmatic measures and characteristics of the newly revised civil procedure law in 2021 to correctly apply the new civil procedure law to the national court correctly 2. Deepen the reform of the Simplified Substitute of Civil Procedures to provide demonstration reference samples.

The case of the "Optimization of Judicial Confirmation System for the Optimization of Judicial Confirmation System Help Diverse Resolution and Improves Efficiency" was selected!

The newly revised civil procedure law optimizes and improves the judicial confirmation procedures, further exerts the promotion and guarantee of the judicial confirmation system on the multi -solution mechanism, and improves the overall judicial efficiency. The People's Court of Hebei District, Tianjin City, in -depth implementation of the newly revised civil proceedings law. By expanding channels, strengthening connection, and standardized guidelines, we will fully optimize the judicial confirmation system, and to promote the resolution of contradictions and disputes, optimize the configuration of judicial resources, and enhance the people's judicial sense of judicial gain. Provide strong judicial security.

one

Broaden channels, comprehensive extension

Judicial confirmation of applicable breadth

According to the relevant provisions of the newly revised civil procedure law to expand the scope of the scope of the scope of the scope of the judicial confirmation procedure, docking with various solution resources, and providing guarantee for more mediation organizations to participate in multiple solution.

1

Create a linked pattern with various mediation organizations

The judicial confirmation system is used as the strengthening support and backing force of the work of the mediation organization to open up the "zero cost" solution path of the masses. In April of this year, the Federation of Industry and Commerce and the Chamber of Commerce established a judge studio in the business district, inviting members of the Chamber of Commerce to participate in the mediation, efficiently resolved disputes involving private enterprises. ; Connect the traffic police detachment, insurance company and insurance industry associations to set up the "Sunshine Mediation Day" every Monday to promote the diversified resolution of Dao Direction Disputes, and the success rate of the pre -litigation resolution reached 97%; Solution. From January to August this year, through the "mediation organization+judicial confirmation" method, 313 disputes were effectively resolved, and the effective rate was 100%, and the average confirmation cycle was only 2.37 days.

2

Create a high -quality online mediation team

Make full use of the people's court mediation platform, integrate non -litigation resolution resources, realize real -name certification and publicize the information of the mediation officer, so that the parties can choose independently, so that the high -quality resolving resolving the power of solution is "visible". As of now, a total of 5 mediation organizations and 18 mediation officers have participated in online mediation work, involving labor disputes, traffic accidents, and enterprise disputes. More than 8,000 cases have been used to mediate platforms through the people's court mediation platform, and the mediation success rate has reached more than 65%. If the dispute mediation is successful, the mediation staff will be directed or assisted in the party to submit the application for judicial confirmation online to prepare for the orderly operation of the online judicial confirmation procedure.

3

Create online confirmation "fast lane"

Actively adapt to the new challenge of judicial work under the normalization of the epidemic prevention and control. While widely used the people's court mediation platform in the courtyard, it is based on the online judicial confirmation of online judicial confirmation Studio, realize the online interaction of the entire process of judicial confirmation data. The average review of the online judicial confirmation case was less than 2 days, which greatly shortened the handling cycle and improved the efficiency of the case. Since the beginning of this year, the court has applied for judicial confirmation cases through the people's court mediation platform accounting for 62%of the total number of cases of judicial confirmation cases.

two

Program connection and improvement of the whole process

Judicial confirmation of applicable effectiveness

Improve the organic connection between judicial confirmation procedures and litigation counseling, assigning mediation, and execution, encourage the parties to choose non -litigation procedures to resolve disputes, and promote the resolution of conflicts before the lawsuit.

1

Connect the litigation service with the judicial confirmation to enhance the knowledge

The "dual diversification" working mechanism was adopted during the complaint and file stage. First of all, set up a litigation tutoring table in the litigation service center. The judge assistant, lawyer, etc. serve as an agent to focus on the latest provisions of the newly revised civil proceedings law on the judicial confirmation system. To the complaint stage, improve the masses' awareness. When the case is filed, the judge issued a notice before the complaint and the judicial confirmation, and guided and diverted the parties again. Since this year, more than 5,000 litigation counseling has been provided. Through the "dual diversion" working mechanism, 70%of the cases of cases are willing to resolve disputes through pre -complaints and judicial confirmation procedures, which further enhances the social cognition and identity of judicial confirmation.

2

The connection between the mediation and the judicial confirmation to improve the professionalism

Fully grasp the leading position of the court in the judicial confirmation procedure, set up a special judicial confirmation team, improve the mechanism of special personnel guidance, information sharing, etc., and ensure that the pre -litigation mediation and judicial confirmation procedures are effectively connected. In response to batch cases to explore the "demonstration mediation+judicial confirmation" model, successfully resolved 93 epidemic -related education service contract disputes, and accumulated more than 600 series of cases to resolve. Established the Trip -Trip Trip in Digital Wisdom Financial Judgment to comprehensively integrate the solution for financial supervision and financial mediation organizations. Disputes that have been overdue and have not yet officially prosecuted were included in the category of mediation and judicial confirmation. Industry mediation, people's mediation and judicial confirmation procedures are closely connected to promote the efficient resolution of financial disputes. Since the beginning of this year, more than 600 disputes were resolved before the complaint, and 85 judicial confirmations were formed, involving 4.55 million yuan. For cases where mediation is unsuccessful, after fixed facts, they are transferred to the fast -moving team, and 88.5%of civil cases are resolved through minimal procedures such as small lawsuits and rapid layout. 3

The connection with the judicial confirmation will be implemented to enhance the credibility

Since July 2021, the hospital has established a simple case of a simple case, equipped with young police officers to enter the team, and open up the channel of judicial confirmation cases. After the judge issued a judicial confirmation ruling, he immediately informed the parties to apply for the implementation of the case. After receiving the case, the rapid execution of the case was quickly implemented to ensure that the judicial confirmation procedure was effectively connected with the speed enforcement mechanism, and the quick process of the brief case and the refinement of the rebirth. Since the establishment of the self -speeding team, 2,359 new cases were executed, and 1999 have been concluded. The average trial was 32 days. The period of the case handling effectively was effectively shortened.

three

Standardize guidelines and make every effort to ensure

Judicial confirmation of application specifications

Combined with the implementation of the newly revised civil procedure law, further improve the system construction and process management, and jointly promote the integrity mediation with all parties to ensure the authority of judicial confirmation.

1

Build the "1+3" system system

Form an institutional system focusing on the implementation of the implementation of the implementation of a diversified dispute resolution mechanism, focusing on judicial confirmation, special mediation, and complaint docking, to ensure that the judicial confirmation system operates efficiently under the diversified solution system. According to the provisions of the New Civil Procedure Law, clarify and refine the conditions, procedures and time limit for judicial confirmation, refine the judicial confirmation of application methods, application materials lists, and review processing procedures. For different types of dispute types, the key content and mediation agreements such as mediation conferences and mediation agreements are formed. After filling out the case by the court staff and mediators, the whole process will flow with the whole process to ensure that the information leaves can be checked.

2

Construct a false mediation identification mechanism

In response to false mediation cases such as private loans and financial borrowings, formulating risk prevention guidelines, listing common false mediation situations, and timely pushing to mediators. Emphasizing the mediation personnel should focus on verifying the authenticity of the parties and agents, the integrity of the evidence chain, etc., and enhance the professional sensitivity and prevention awareness of the mediators. During the filing stage, early warning and prevention were made through the intelligent auxiliary system of related cases, and identification was discovered in a timely manner. During the judicial confirmation stage, the judge conducted further prudent inspections based on the demands of the parties, the state of trial, and the lawsuit, and set up early warning nodes. When the corresponding early warning information appeared, the judge should intervene in the review of the mediation agreement in a timely manner. Since the implementation of this mechanism, two false mediation cases have been screening, which effectively guarantees the judicial credibility of judicial confirmation results.

3

Build a quantitative assessment mechanism

The judicial confirmation workload is included in the personal performance evaluation system of the judge, and the points are added based on the number of cases undertaken by the judge to increase the enthusiasm of judges to apply judicial confirmation procedures. Strict node management and control, normalize the judicial confirmation cases every quarter. Make full use of the characteristics of the people's court's mediation platform to stay and track, and through dynamic monitoring of judicial confirmation procedures for the collection, mediation, circulation, review and other links, can be able to statistically mediate and import the import volume, ruling confirmation and other data, and to quantify the court's quantitative judicial justice Confirm the work, the number of statistical cases and the workload of judges provide a basis, and provide reference for work assessment and praise.

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