[每天懂点法]Chinese Lawsuits spike after rules eased

每天懂点法

The number of lawsuits filed in May jumped by nearly 30 percent across the country compared with the same period last year, after a new litigation policy eased rules for filing complaints in courts.

Sun Jungong, spokesman for the Supreme People's Court, said that as of May 1,courts at all levels are strictly prohibited from declining to take a case when the action meets legal criteria.

He said the top court has intensified its efforts to protect litigation rights of individuals and entities by specifying the procedures for filing a case in acourt.

"The move is part of the campaign of advancing the rule of law," he said.

"A court is not allowed to refuse to receive the indictment of a case, and it must issue a voucher of receipt to the plaintiff with the date on it when it receives any material from litigators," he said.

"Then the court must approve the filing if the indictment and other materials of the case are up to legal requirements," Sun said.

"The court has to give the plaintiff a proper cause if it decides not to file the case. If the court is not able to make a decision in the date required by law,it must approve the filing of the case," he said.

Courts have no right to refuse filing a case on the ground that the plaintiff didn't pay court fees, he added.

Before the new policy, courts had the right to deliberate on the cause of a lawsuit and reject a complaint without a hearing.

Under the new policy, if an indictment or other materials of a case are not up to the standards of litigation, the court must inform litigators in a written notice of the requirements for filing a case and ask them to hand in what is required by a certain date. If they fail to do so, the court has to issue a notice of objection to filing the case and stipulate the reasons.

Sun said that 90 percent of the cases in May were filed in courts immediately after the litigators handed in their materials.

Cases that were not able to be filed mostly involved indictments and relevant materials that failed to meet the legal requirements.

（from china daily）

（部分图片内容摘自互联网，版权归作者所有）

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