首页 > Guangzhou International > Policy Documents: Doing Business in Guangzhou > Policies > Enforcing Contracts
Notice of Guangzhou Intermediate People's Court on Issuing the Detailed Rules of Courts in Guangzhou for Implementation of Improving Electronic Litigation Rules
Update:2020-09-30    Source: Guangzhou Intermediate People's Court

  Sui Zhong Fa [2020] No. 100

  Notice of Guangzhou Intermediate People's Court on Issuing the Detailed Rules of Courts in Guangzhou for Implementation of Improving Electronic Litigation Rules


To all primary courts and all departments of this Court,

  In order to implement theDecision of the Standing Committee of the National People's Congress on Authorizing the Supreme People's Court to Carry Out the Pilot Program of the Reform of Separation between Complicated Cases and Simple Ones under Civil Procedure in Some Area and the Measures for the Implementation of the Pilot Program of the Reform of Separation between Complicated Cases and Simple Ones under Civil Procedureof the Supreme People's Court, promote judicial justice, improve judicial efficiency, meet the judicial need of the people for online litigation, face up to the fact that electronic information is widely used in economic and social interactions, and promote the deep integration of mobile Internet and court work, these detailed rules are hereby formulated in light of the court trial practice in Guangzhou. These detailed rules have been discussed and adopted by the Judicial Committee of this Court on April 7, 2020 and approved by Guangdong Higher People's Court on June 1, 2020, and are hereby issued to you, please implement them carefully. Please promptly report any new situation and new problem encountered during the implementation to the Office of the Leading Group for Pilot Program of the Reform of Civil Litigation System of Guangzhou Intermediate People's Court.


  Guangzhou Intermediate People's Court

  June 17, 2020

  
Detailed Rules of Courtsin Guangzhou for Implementation of Improving Electronic Litigation Rules

  Chapter I. General Provisions

  1. In order to promote judicial justice, improve judicial efficiency, meet the judicial needs of the people for online litigation, face up to the fact that electronic information is widely used in economic and social interactions, and promote the deep integration of mobile Internet and court work, in accordance with the  Civil Procedure Law of the People's Republic of China, the Court Rules of the People's Courts of the People's Republic of China, the Measures for the Implementation of the Pilot Program of the Reform of Separation between Complicated Cases and Simple Ones under Civil Procedureof the Supreme People's Court and other relevant provisions, these detailed rules are hereby formulated in light of the court trial practice in Guangzhou.

  2. The litigation links of civil and commercial cases, such as filing, service, mediation, exchange of evidence, pre-trial meeting, court hearing, pronouncing judgment, and enforcement, may be handled online, generally through online litigation platforms such as Guangzhou Court Network Litigation Service Center and the applet of WeChat Guangzhou Micro Court.

  3. The use of the online litigation platforms is based on the principle of the parties' willingness. The court shall fully inform the rights, obligations and legal consequences of online trials, and actively guide the parties and other litigation participants to use the online litigation platforms to conduct online litigation activities. The online litigation activities of the litigation subjects shall have the same legal effect as the offline litigation activities.

  4. The courts shall vigorously strengthen the construction of information infrastructure, and continuously improve the litigation service mechanism of online litigation platforms such as Guangzhou Court Network Litigation Service Center and the applet of WeChat Guangzhou Micro Court through the cutting-edge Internet technologies.

  5. The courts, by strengthening security management, ensure that the transmission, storage and use of case data on online litigation platforms comply with the Cybersecurity Law of the People's Republic of China and other laws and regulations.

  Chapter II. Registration and Authentication

  6. When hearing a case online, the authenticity of the identity of the parties and other litigation participants shall be verified by means of certificate and license comparison, biometric identification, and real-name mobile phone number association.

  The parties and other litigation participants shall register as a user through Guangzhou Court Network Litigation Service Center, register with an ID number (lawyers also need to provide the practice certificate number), and complete identity authentication by face scanning. After registration and identity authentication, such parties can log in the online litigation platform and participate in litigation after associating the case involved. If the parties and other litigation participants who have been authenticated by Guangzhou Court Network Litigation Service Center participate in the litigation again in the court, no additional registration and identity authentication shall be required.

  If the parties and other litigation participants are unable to pass the certificateand license comparison, biometric identification or authentication through national unified identity authentication platform, or cannot complete the user registration and identity authentication online due to other objective reasons, they may do it offline.

  7. After accepting a case, the court may notify the other party and other litigation participants to register and authenticate their identity through the litigation platform by the mobile phone number, fax number, e-mail address, instant message account numbers, etc. of the other party provided by either party.

  8. The ID number, mobile phone number and lawyer's practice certificate number are the identification labels for the parties and other litigation participants to log in the online litigation platforms to carry out litigation acts. The acts made after logging in the platforms by using the above-mentioned number shall be regarded as the acts of the authenticated person, except there is system error caused by technical reasons of the platforms, or the authenticated person can prove that the platform account number is stolen.

  Chapter III. Online Case Filing

  9. The online case filing platform for the city-wide cases refers to a fast and convenient method of filing a case in which the applicant prepares the lawsuit materials as required, submits them to the court with jurisdiction through the online function module of the online case filing platform, and the professional online case filing personnel shall consult the lawsuit materials through online reading, telephone and other means to complete the case acceptance

  10. The case filing personnel shall carefully check the basic information of the parties to the case in online filing, the reason for the lawsuit, the purpose of litigation, evidence materials and other key points of filing a case online, so as to avoid the abuse of litigation rights such as false litigation and malicious litigation.

  If relevant materials need to be supplemented, the applicant shall be notifiedin one time, and a list of supplementary materials shall be submitted to the applicant through the online function of the online case filing. For a case that does not meet the requirements for filing, the case filing personnel shall explain the situations to the applicant through the online case filing platform and other methods and make proper interpretation of laws and provide guidance to the applicant.

  The case filing personnelshall reply mainly online, but may also reply in other forms such as e-mail, telephone, and fax. If the reply is made by e-mail, telephone, fax, etc., the case filing personnel shall keep a record and indicate the time, method and main content of the reply in the online case filing system.

  11. For cases where the plaintiff or the applicant for enforcement is a legal person or other organization, where a lawyer is appointed to represent the litigation, or for small claims cases and series of cases, when submitting an online case filing application, the online case filing applicants are allowed to upload only the Bill of Complaint (application) , the subject materials of the parties, the main basis of the claims, and the materials that can determine the court with jurisdiction, the applicants may no longer submit a separate paper Bill of Complaint, and the parties may voluntarily choose whether to scan and upload other materials related to the facts of the case when filing the cases online for this time.

  Forgeneral civil and commercial cases, applicants can choose to upload only the Bill of Complaint, the subject materials of the parties, the master contract, materials related to the jurisdiction disputes and the list of evidence on the online case filing platform. Other evidence materials related to the merits disputes may not be uploaded on the online case filing platform.

  For enforcement cases, applicants can choose to upload and submit only the application,the subject materials of the parties, and the first page and main text of the application enforcement basis on the online case filing platform. Other enforcement basis, such as pages that record facts and reasons, unnecessary evaluation reports and other materials may not be uploaded on the online case filing platform.

  12. For online case filing, the court shall promptly notify the applicant to upload the complete evidence materials and other litigation-related materials in electronic version, and the applicant may not submit additional paper materials.

  13. For the civil and commercial cases of first instance and enforcement cases under the jurisdiction of Guangzhou Intermediate People's Court and the primary courts (including Guangzhou Internet Court) according to law, the parties and their attorneys may choose to submit an application for case filing to the filing department of any of the above-mentioned courts.

  Prosecution (Application) for Cross-District Collaboration against applicant For ancross-district collaborative case filing for a lawsuit (application) filed by the applicant, if it cannot be determined on the spot whether it meets the conditions for filing, the applicant may be guided on the spot to submit an online case filing application to the court that accepts the case, and after the court that accepts the case has passed the online case filing review, the applicant may be asked to deal with based on the opinions of the court that accepts the case.

  14. After receiving the case filing application materials submitted online by the applicant, the filing department shall handle them within seven days. If the case filing conditions are met, the case shall be transferred to the intranet trial business database on the same day, and the official case number shall be generated and the case shall also be assigned. On the day after the case is assigned, the system will send the Notice of Acceptance and the Notice of Payment of Litigation Costs with the electronic seal of the court to the applicant, and clearly inform the party of the official case number, inquiry password, and the presiding judge of the business court, etc.

  15. The filing department shall transfer the electronic archives to the trial business department through the trial administration system within three days after deciding to accept the filing of the case. The scheduling of the hearing and inquiry of the case shall be arranged by relevant trial business departments.

  16. The trial business department shall issue the notice of hearing, the summons of hearing, and the announcement of scheduling after scheduling and the parties can inquire through platforms such as Guangzhou Trial Network, Guangzhou Court Network Litigation Service Center, and the applet of WeChat Guangzhou Micro Court.

  17. If the parties appeal against the rulings on not accepting, dismissal, jurisdiction objections, etc., the primary court shall submit the Bill of Complaint, the Petition of Appeal and other necessary electronic archive materials through the trial administration system within five days from the date of receipt of the Petition of Appeal to Guangzhou Intermediate People's Court for second instance review. There is no need to hand over paper files.

  Chapter IV. Electronic Service

  18. With the consent of the person to be served, the court may serve litigation documents and the evidence submitted by the parties in civil and commercial cases through electronic service platforms, SMS, e-mails, faxes, recorded calls, instant messaging account number, and other electronic methods.

  The litigation documents that can be served electronically include procedural documents such asthe notice of acceptance, the summons, the notice of producing evidence, the notice of response, the notice of payment of costs, and the decisions.

  19. Under any of the following circumstances, the people's court may determine that the person to be served agrees to electronic service:

  (1)The person to be served expressly agrees;

  (2)The person to be served has indicated its agreement on the application of electronic service in litigation;

  (3)The person to be served initiatively provides an electronic address for receiving the service in the Bill of Complaint or the Bill of Defense submitted;

  (4)The person to be served accepts the completed electronic service by responding to received, participating in litigation, etc., and does not expressly disagree with electronic service.

  Document materials that have been served electronicallyshall not be served in paper by post.

  20. With the express consent of the person to be served, the court may electronically serve judgments, rulings, mediation documents and other adjudicative documents. If the parties request paper adjudicative documents, the court shall provide them.

  21. In civil and commercial cases of first instance, the trial business department shall serve a copy of the Bill of Complaint on the defendant within 5 days after receipt of the case, and serve a copy of the Bill of Defense on the plaintiff within 5 days after receiving the Bill of Defense.

  The civil and commercial casesof second instance shall be served by the trial business department. The notice of hearing or the hearing summons shall be served 3 days before the hearing.

  22. The court shall actively guide the person to be served to the case to choose electronic service method and fill in the Confirmation for Address of Electronic Service of Litigation Documents. The ID number or organization code, lawyer's license number, mobile phone number, and e-mail address and other information shall be registered accurately.

  The electronic service address agreed in the insurance contract, financial contract and other civil and commercial contracts or registered at the time of enterprise registration can be used as the confirmed address for the service of litigation documents.

  If theperson to be served expressly agrees to electronic service through a notarized phone call recording, the electronic service address confirmed in the phone call can be used as the confirmed address for the service of litigation documents.

  Theperson to be served may use the special e-mail address provided by the court for free, or he can fill in the ordinary e-mail address confirmed to be using in the confirmation of the service address.

  23. The service address confirmed by the person to be served in the confirmation of electronic service address is applicable to all judicial procedures such as first instance, second instance, retrial (including application for retrial, petition review) and enforcement. If the person to be served changes the service address, he shall promptly notify the court in writing or online. In order to protect the litigation rights of the parties, the court shall inform the parties of the requirements and notes for the confirmation of electronic service address, as well as the legal consequences of refusing to provide the service address, providing false address, or providing inaccurate address.

  24. If the person to be served refuses to confirm the service address, or refuses to respond, refuses to answer the phone, avoids meeting the service personnel, or moves away from the original residence to elude or evade the service, the court cannot or is unable to ask him to confirm the service address, under the premise of strictly complying with the conditions for the use of electronic service in the Civil Procedure Law of the People's Republic of China and its judicial interpretation, the court may adopt the methods of cooperating with large-scale portals and communication operators to check and verify e-mail address, specific communication numbers, public information accounts, and other channels, and then serve other litigation documents other than judgments, rulings, and mediation documents through recorded calls, pop-up text messages, etc.

  The service personnel shall check and keepthe receiving and sending records of the specific e-mail address, communication number, information public account of the person to be served, and the materials storage volume for the content of the served litigation documents for future reference.

  25. The specific operation methods of the court for electronic service through the electronic service platforms are as follows:

  (1)The court extracts the telephone number from the special service information database, dials the recorded call to verify the identity and electronic service address and orally notify the items of service;

  (2)The court shall send an electronic service notification SMS to the mobile phone number confirmed by the person to be served, informing him of the content of the service and the guidelines for obtaining written litigation documents;

  (3)After receiving SMS, the person to be served may log in the applet of WeChat "Micro Court Service Platform" or e-mail, etc., to obtain written litigation documents;

  (4)After the litigation documents arrive at the "Micro Court Service Platform ", the person to be served shall pass identity authentication or mobile phone number authentication to log in, and after the person to be served digitally signed for receiving, the system will automatically generate the service receipt.

  26.The completion of service can be confirmed under the following circumstances:

  (1)The court serves to the e-mail address voluntarily provided or confirmed by the person to be served, and the service information reaches the system where the e-mail address is located;

  (2)If the person to be served agrees to electronic service but fails to actively provide or confirm the electronic address, the court shall serve to a dedicated e-mail address provided free of charge for the person to be served or to an available e-mail address of the person to be served. The system where the e-mail address is located reports that the person to be served has read it, or if there is other evidence that the person to be served has received it, the effective service is presumed to be completed, except the person to be served can prove that there is a system error and the service address is not used by the person himself or it is not read by the person himself and other circumstances that the content of the service has not be received.

  (3)The recorded phone call is successful, and the pop-up message is sent successfully;

  (4)Where other electronic service methods are used for the service, the person to be served responds that the service materials have been received, or makes corresponding actions based on the content of the service.

  If multiple methods are used forservice at the same time, the earlier service date shall prevail.

  Upon completion of effective service, the court shall prepare corresponding electronic service voucher, and the electronic service voucher shall have the effect ofreceipt of service.

  27. The service personnel shall log in the trial administration system in time to check the electronic service status, and if the electronic service is found to be unsuccessful, the electronic service shall be enabled again after the troubleshooting or force majeure and other reasons are eliminated.

  If the electronicservice cannot be carried out again due to network failure or force majeure, etc., it is required to use other legal methods for service immediately.

  Chapter V. Electronic Litigation Materials

  28. Electronic data is the date that formed during the occurrence of a case, generated, processed, transmitted, and stored in electronic media in digital form, which can prove the facts of the case and is used as evidence.

  Electronic data includes but not limited to the following information and electronic files:

  (1)Information published on web platforms, such as web page, blogs, Moments, Tieba, and network disk;

  (2)Communication information of network application services such as mobile phone SMS, e-mails, WeChat or QQ chat records and other instant messaging and communication groups;

  (3)User registration information, identity authentication information, electronic transaction records, login logs, electronic data exchange, system records, IP addresses, background data, and other information that is difficult to perceive without technical means;

  (4)Electronic files such as documents, pictures, audio and video, digital certificates, and electronic signatures.

  29. The court shall establish and rely on an electronic evidence platform to provide convenience for evidence deposit, verification and authentication for litigation activities. Through electronic signature, blockchain and other technologies, the data stored in the electronic evidence platform is protected from tampering.

  30. The court shall actively guide the parties and other litigation participants to submit electronic litigation materials.

  If the parties and other litigation participants submit offline the electronic data in non-original forms such as printouts, photocopies, screenshots, photographs, etc., they shall number and submit the corresponding storage media to the court. If the electronic data has been notarized by a notary office, a notarization certificate shall be submitted.

  If submitted through the electronic evidence platform, the parties and other litigation participants can upload electronic data online and import it into the electronic evidence platform, or scan, remake, or transcribe the offline evidence electronically and upload it to the platform forproducing evidence, and they also can use the electronic data that has been imported into the platform to prove their claims.

  If the parties and their litigationattorneys submit paper materials by post, etc., within 3 days of receiving the litigation materials, such materials shall complete the digital scanning process and be uploaded to the trial administration system to form electronic litigation materials. The materials received in the case filing stage shall be scanned and uploaded by the filing department; the materials received in the trial stage shall be scanned and uploaded by the specific trial business department.

  31. The court shall organize online cross-examination of the evidence materials submitted by the parties and other litigation participants on the electronic evidence platform. The system automatically guides the parties to issue cross-examination opinions online in time before the court and the parties check the authenticity, legality, and relevance of the evidence through the system to approve or disagree, and can provide online supplementary explanations on whether there is the probative force of the evidence and the magnitude of the probative force of the evidence.

  32. The litigation materials and evidence materials submitted electronically by the parties and other litigation participants can be directly used in the litigation upon verification and approval by the court, and there is no need to submit the original paper. Where the court requests the original for cross-examination based on the application submitted by the other party or the needs of the case, the party shall provide.

  33. The court shall comprehensively decide the authenticity of electronic data based on the cross-examination situation, and focus on reviewing the following:

  (1)Whether the computer systems and other hardware and software environments on which the generation, collection, storage, and transmission of electronic data depending are clean, safe and reliable;

  (2)Whether the subject and time of the generation of the electronic data are clear, and whether the specific content is clear, objective and accurate;

  (3)Whether the storage and custody medium of the electronic data is clear, and whether the storage methods and means are proper;

  (4)Whether the subject, tools and methods of electronic data extraction and fixation are reliable, and whether the extraction process can be reproduced;

  (5)Whether the content of electronic data has been added, deleted, modified, or incomplete;

  (6)Whether electronic data can be verified through a specific form.

  34. Either party that provides electronic data has the responsibility to prove that the source, formation and storage process of the evidence conform to the form of evidence. If the court, after review and consideration of relevant facts, is convinced that the existence of the fact to be proved is highly probable, it shall affirm the fact.

  If the other party has objections to the content displayed in the electronic data and believes that there is a deletion or tampering, it shall provide reasonable explanation or provide corresponding evidence to prove it.

  Chapter VI. Online Court Hearing

  35. Litigation activities such as the exchange of evidence, pre-trial meetings, court hearings, inquiries, hearings, etc., may be tried online. For cases where small claims procedures, summary procedures, and sole judge trials are applicable, online court hearing shall be preferred.

  Online court hearings shall be conducted in online video mode, and no written or voice mode shall be used.

  36. Where a case meets one of the following circumstances, online court hearing is not applicable:

  (1)There are too many parties and the technical support capacity of the online court hearing platform is insufficient;

  (2)The parties shall be served by public announcement;

  (3)More than one party clearly expresses disagreement and has justified reasons;

  (4)The parties do not have the technical conditions and ability to participate in online court hearing;

  (5)Special circumstances such as on-site identification, original verification, and physical inspection are required;

  (6)There are other circumstances that are not suitable for online court hearing.

  If only one party chooses the onlinecourt hearing, the hearing may be conducted by one party online and the other party offline according to the situation of the case.

  Fora case in the online court hearing, if one of the above-mentioned circumstances occurs during the hearing, it shall be transferred to offline court hearing. The completed online court hearing activities shall have legal effect.

  37. Online court hearing activities shall follow relevant provisions of the procedure laws and judicial interpretation, and fully protect the litigation rights of the parties to apply for withdrawal, produce evidence, cross-examine, state, debate, mediate, and appeal.

  38. For cases that adopt online court hearing, the portal of online video court hearing is generally accessed through platforms such as Guangzhou Trial Network, Guangzhou Court Network Litigation Service Center, and the applet of WeChat Court Guangzhou Micro Court.

  In principle, online court hearings shall be conducted in court. If it is necessary to conduct online court hearings in other venues due to special needs, it shall be reported to the president of the court for approval, and shall ensure that the court hearing venues are solemn and courteous.

  39. The technical department of the court shall conduct pre-hearing technical tests within three days before the hearing, and provide online court hearing technical guidance for the parties and other litigation participants. If the parties or other litigation participants cannot normally conduct online court hearings due to the network technology issues, they may be guided to choose a nearby venue where normal online court hearing is provided to participate in the court hearing.

  40. The parties and other litigation participants shall log in the online litigation platform 15 minutes before the start of the court hearing to test the effects of network, audio, and video equipment. The clerk shall log in the platform in advance to check the online status of the parties and other litigation participants, verify the authenticity of their identity information, and inform the matters to be noted for the online court hearing, the court hearing discipline, and the legal consequences of refusing to participate in the online court hearing without proper reason.

  41. The judicial personnel may decide to adopt the following methods to simplify the online court hearing procedures according to the situations:

  (1)If the parties' identity verification, notification of rights and obligations, and court hearing disciplinary declaration have been done online before the hearing, it shall not be repeated in the hearing;

  (2)If the parties have completed the exchange of evidence, for the evidence without dispute, it will not be presented or cross-examined after the court explains the situation;

  (3)With consent of the parties, the litigation links such as the parties' statement, court investigation, court debate, and court mediation may be combined.

  (4)For simple civil and commercial cases, the court hearing can directly focus on the claims or the elements of the case.

  42.The parties and other litigation participants shall choose quiet, non-interference, suitable light, good network signals, and relatively closed places to participate in the court hearings. They shall not participate in the court hearing in the following places:

  (1)Internet cafes, shopping malls, squares and other places that affect the audio and video effects of court hearings;

  (2)Places that undermine the seriousness of the court hearings.

  43.In online court hearings, the parties and other litigation participants shall obey the instructions of the judicial personnel, abide by court discipline, be neat and tidy, follow the dress code, sit upright, and keep communication equipment silent or shut down, and shall not perform the following actions:

  (1)Applauding, making noise, standing or walking randomly;

  (2)Smoking and eating;

  (3)Making or receiving calls;

  (4)Avoiding video screen intentionally;

  (5)Sound and visual recordings;

  (6)Spreading court trial activities by QQ, WeChat, Weibo (MicroBlog) and other network software;

  (7)Other acts that disturb the court trial.

  44. During online trial, the parties and other litigant participants shall keep quiet throughout the entire process, ensure that any other persons are excluded from the video screen of the trial, and are not allowed to provide assistance in violation of the rules in the court trial.

  45. A witness who testifies online shall participate in the trial online at a venue recognized by the court, and may not participate in the trial at the same venue as the parties and other litigant participants. When necessary, the witness may be required to attend the court trial.

  Where the witness testifies in court online, the live broadcast of the trial will not be made public.

  46. Where the parties and other litigant participants withdrew from the trial due to objective reasons such as technical or network failures during the trial, the judges shall recess the trial and give a reasonable time to eliminate the fault, and continue the trial after the fault is eliminated.

  47. Where one party does not participate in the online trial on time due to the reasons other than network failure, equipment damage, power interruption or other events of force majeure that are not attributable to the party, the party will be deemed as "refusing to appear in court" or "midway withdrawal from a court session" if it withdraws from the trial without authorization, and shall be handled in accordance with the Civil Procedure Law of the People's Republic of China and relevant judicial interpretations.

  48. Where the parties and other litigant participants disturb the order of online trial in violation of relevant regulations, the people's court may reprimand them, forcibly close their audio and video functions, order them to leave the court, or impose a fine or detention on them according to circumstance; if a crime is constituted, criminal responsibility shall be investigated according to law.

  49. The people's court shall actively use voice recognition technology to simultaneously generate electronic court record. The electronic court record shall have the same legal effect as the written record upon check and confirmation by the parties and other litigant participants by online confirmation, electronic signature and other online methods.

  During the online trial, the people's court shall store and archive the entire process of audio and video recording in accordance with theSeveral Provisions of the Supreme People's Court on the Audio and Video Recording of People's Courts Trial. In case of any discrepancy between electronic court record and audio and video recording of court trial, the audio and video recording of court trial shall prevail.

  Where parties and their legal representatives, attorneys or defenders apply for access to audio and video recordings of court trial and electronic archive materials, the people's courts may provide access through the China Judicial Process Information Online or online lawsuit platforms and set up necessary security protection measures. Information that involves state secrets, or information that should be kept confidential or restricted according to laws and judicial interpretations, shall not be disclosed through the Internet.

  Chapter VII. Electronic Filing

  50. The people's court shall use the lawsuit platform to generate an electronic archive simultaneously with a case, and organize and form an electronic file in accordance with the requirements of lawsuit archives management. If all paper files of the case have been converted into electronic files, paper files may be replaced with electronic files for appeal transfer and case file filing.

  51. Where the litigation documents and materials of related cases are of great value and need to be kept in paper form, the people's court may make separate paper archives of the relevant litigation materials and keep them in sync with the electronic archives.

  52. The electronic archive materials of a case shall be collected and sorted following the principles of truthfulness, completeness, safety and effectiveness, and shall be entered into the volume or sub-volume directory in the records administration system according to the attributes of the materials.

  53. The preparation and entry of electronic archive materials for litigation cases shall be carried out simultaneously from the beginning of the filing of the case, and shall be completed according to the processes and links of the case handling and the prescribed time limit. The documents generated in the litigation can be prepared and uploaded at any time.

  54. After a case is concluded, the trial department shall promptly submit the electronic archives of the case for filing. After electronic archives and paper archives that need to be filed simultaneously are submitted to the records administration department for inspection and confirmation, the case is officially closed. For those that do not meet the filing specifications or filing requirements, such archives shall be returned for correction before submitting for filing.

  55. No one may add or delete litigation documents and related data in the electronic archive records that have been confirmed for filing without authorization. If it is really necessary to add materials or related data in the electronic archive records, it shall be approved by the person in charge of the case handling department; if it is necessary to delete or replace the materials or related data in the electronic archive records, it shall be reported level by level to the leader of this court in charge of the business for approval.

  Relevant additions, deletions or replacements shall be indicated in the electronic file preparation form simultaneously.

  56. The electronic archive records of a case shall be used in accordance with the Measures for the Administration of the Litigation Records of People's Courts, the Interim Measures for the Administration of the Electronic Litigation Records of People's Courts and other relevant provisions, for which, the online applications and online reading methods are generally adopted.

  Chapter VIII. Supplementary Provisions

  57. The date in these detailed rules refers to calendar day, and is calculated from the next day in accordance with the laws. If the last day of the expiration of the time limit is public holiday, the first business day after the holiday shall be the expiration date.

  58. These detailed rules are applicable to the courts of both levels in Guangzhou (except Guangzhou Internet Court), and shall take effect from the date of issuance. If the higher court has new regulations, the new regulations shall prevail.

Relevant rocuments

Copyright © 2010 The People`s Government of Guangzhou Municipality.All RightsReserved
Email: gzportal@gz.gov.cn ICP备案号:粤ICP备2022092331号-1