I. Pre-trial preparation 1. In a civil case tried by summary procedure, the parties and their agents ad litem shall apply to the people's court for investigation and collection of evidence, and apply for witnesses to testify in court, which shall be filed before the expiration of the time limit for presenting evidence. However, the time limit for filing an application is not limited by the first paragraph of Article 19 and the first paragraph of Article 54 of the Provisions of the Supreme People's Court on Evidence in Civil Proceedings. 2. After one or both parties raise an objection to the application of summary procedure, the people's court shall conduct a review and deal with it according to the following circumstances: (1) If the objection is established, it shall be transferred to the ordinary procedure for trial, and the members of the collegial panel and related matters shall be notified to both parties in writing; (2) If the objection is not established, both parties shall be informed orally and the above contents shall be recorded in the record. The trial period of civil cases transferred to ordinary procedures shall be counted from the day after the people's court files the case. Second, the court session 1, the civil cases that the people's court should mediate in the court session include: (1) marriage and family disputes and inheritance disputes; (2) labor contract disputes; (3) Disputes over compensation for damages caused by traffic accidents and industrial accidents with clear rights and obligations; (four) homestead and adjacent disputes; (5) Disputes over partnership agreements; (6) Disputes with relatively small amount of litigation object. However, according to the nature of the case and the actual situation of the parties, mediation is impossible or obviously unnecessary. If an agreement is reached through mediation, and after review by the judges, both parties agree that the mediation agreement will take effect after being signed or sealed by both parties, the mediation agreement will take legal effect from the date of signing or sealing by both parties. If the parties request to extract or copy the conciliation statement, they shall allow it. In this case, the people's court shall conduct civil mediation separately. After the mediation agreement comes into effect, if one party refuses to perform it, the other party may apply for execution with a civil mediation document. The people's court may notify the parties of the specific date of receipt of the people's court's civil mediation document, or serve the civil mediation document to the parties within ten days from the day after the parties reach a mediation agreement. If the parties raise an objection on the grounds that the original intention of the civil mediation document is inconsistent with the mediation agreement, and the people's court considers that the objection is established after examination, it shall make a ruling to correct the relevant contents of the civil mediation document according to the mediation agreement. At the same time, both parties put forward a request to the basic people's court to solve a simple civil dispute, but did not agree on the time limit for proof, or summoned the defendant to appear in court in a simple way, and the parties requested to testify in court during the trial, which should be allowed; If it is difficult for the parties to give evidence in court, the time limit for giving evidence shall be decided by the parties through consultation, but the longest time shall not exceed fifteen days; If negotiation fails, the people's court shall make a judgment. 2. If the notice of hearing sent by SMS, telephone, fax or e-mail has not been confirmed by the parties or there is no other evidence to prove that the parties have received it, the people's court shall not be used as the basis for handling the withdrawal of the lawsuit and the judgment by default. If the parties have been informed of their litigation rights and obligations in writing or orally before the court session, or if all the parties have entrusted lawyers to represent them in litigation, the judge shall not inform the parties of their litigation rights and obligations other than the right to apply for withdrawal. 3. For the parties who have not entrusted a lawyer to represent them in litigation, the judge shall make necessary explanations or explanations on the relevant contents such as avoidance, admission and burden of proof. And appropriately remind the parties to correctly exercise their litigation rights and fulfill their litigation obligations during the trial, and guide the parties to conduct normal litigation activities. 4. When the court is in session, the judge can sum up the focus of the dispute according to the claims and defense opinions of the parties, and after the parties confirm it, the parties will give evidence, cross-examine and debate around the focus of the dispute. If the parties have no dispute over the facts of the case, the judge may make a judgment or ruling after hearing the arguments of the parties on the applicable law. 5. Civil cases that are tried by summary procedure shall be concluded at one time, unless the people's court deems it necessary to hold a court session. The clerk shall record all the activities of applying summary procedure to hear civil cases. The following matters shall be recorded in detail: (1) the judges' notification of the litigant's rights and obligations, the summary of the focus of the dispute, the identification of evidence and the announcement of the judgment and other important matters; (2) the parties apply for withdrawal, admission, withdrawal, reconciliation and other major issues; (3) Other matters directly related to litigation rights stated by the parties in court. 6. At the end of the trial, the judge may, according to the trial of the case, briefly summarize the focus of the dispute and the evidence, cross-examination and debate of the parties, and solicit the opinions of the parties on whether to agree to mediation. In the course of trial, if a judge finds that the case is complicated and needs to be tried by ordinary procedures, he shall make a decision in time before the expiration of the trial period and notify the parties in writing. Three. Judgment and service 1. Civil cases that are tried by summary procedure shall be pronounced in court, unless the people's court considers it inappropriate to pronounce judgment in court. In a case pronounced in court, the people's court shall inform the parties or agents ad litem of the time, place and legal consequences of failing to receive the judgment documents within the time limit, unless the parties request to serve them by post in court. The above situation should be recorded. If the people's court has informed the parties of the time and place of receiving the judgment documents, the date when the parties receive the judgment documents within the specified period shall be the date of delivery; If the party concerned fails to receive the written judgment within the specified time limit, the date of receipt of the written judgment shall be the date of service, and the appeal period of the party concerned shall be counted from the day after the date of receipt of the written judgment specified by the people's court. Due to inconvenient transportation or other reasons, the people's court may serve the judgment documents by post according to the service address provided by the parties themselves. If the people's court delivers the service by mail at the address provided by the parties themselves, the date of receipt or return indicated on the mail receipt shall be the date of delivery, and the appeal period of the parties shall be counted from the day after the date of receipt or return indicated on the mail receipt. If the plaintiff refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court without the permission of the court, it may be treated as withdrawing the lawsuit; If the defendant refuses to appear in court without justifiable reasons after being summoned by summons, or withdraws from court without the permission of the court, the people's court may make a judgment by default according to the plaintiff's claim and the evidence materials submitted by both parties to the court. If the lawsuit is dismissed or the judgment is made by default, the people's court may serve the judgment document on the party who does not appear in court according to the service address provided by the party himself. 2. Cases that are sentenced regularly shall be served on the date of regular sentencing, and the appeal period of the parties shall be counted from the day after the regular sentencing. If a party fails to appear in court on the day of normal sentencing without justifiable reasons, it will not affect the calculation of the appeal period of the referee. If the party concerned cannot appear in court for justified reasons and has informed the people's court before the regular judgment, the people's court may serve the judgment document on the party who did not appear in court according to the service address provided by the party concerned. Under any of the following circumstances, the people's court may simplify the part of ascertaining the facts or the reasons for the judgment when making the judgment document: (1) The parties reach a mediation agreement and need to make a civil mediation document; (2) One party explicitly acknowledges all or part of the other party's claim in the course of litigation; (3) The parties have no dispute or little dispute over the facts of the case; (4) In a case involving personal privacy or business secrets, one party requests to simplify the relevant contents in the judgment document, and the people's court considers the reasons justified; (5) Both parties agree to simplify the judgment documents.
Legal objectivity:
Rules for handling cases of labor and personnel disputes arbitration Article 42 The arbitration tribunal shall record the hearing. If the parties or other arbitration participants think that there are omissions or errors in the records of their statements, they have the right to apply for correction in court. If the arbitration tribunal considers the application unreasonable or unnecessary, it may not make corrections, but it shall record the application. The arbitrator, the recorder, the parties and other arbitration participants shall sign or seal the transcripts of the trial. If the parties or other arbitration participants refuse to sign or seal the transcripts of the trial, the arbitration tribunal shall record the situation and attach a volume.