For facilitating your understanding on registration system for case docket, exercises on litigation rights, and participation in litigation, the relevant matters are notified below.
I. Scope of Application
The people’s courts shall apply registration system for case docket to any civil litigations of first instance, applications for enforcement or state compensation in accordance with the law.
II. Cases Shall Not be Docketed
Lawsuits, private prosecutions or applications shall not be docketed by the people’s courts are listed below：
1. Illegal or not comply with the legal provisions;
2. Endangering the sovereignty and territorial integrity of state;
3. Jeopardizing the security of state;
4. Jeopardizing the unity of state and nations;
5. Jeopardizing the religious policy of state;
6. Not under jurisdiction of the people’s courts.
III. Materials to be Submitted
Materials to be submitted to the people’s courts in a lawsuit, a private prosecution or an application are listed below:
1. Master copy of civil complaint and copies according with the number of defendants; master copy of application for state compensation and copies according with the number of respondents; master copy of application for enforcement.
2.
–When the plaintiff or applicant is a citizen, he should submit a copy of the identity certificate thereof.
–When the plaintiff or applicant is a corporate body, he should submit a copy of the business license or the institutional code certificate and the identity certificate of legal representative or the person in charge.
–When the corporate body could not submit the institutional code certificate, he should submit the cancellation statement of the corporate body.
–When the plaintiff or applicant is a foreigner, he should submit the passport and a certificate notarized by a notary public in the host country and certified by an embassy or consulate of China.
3. When the plaintiff or applicant entrust an agent ad litem, he should submit power of attorney, an identity certificate of agent ad litem and other required materials under relevant procedural law and judicial interpretation.
4. Evidences and other substantiating materials relevant to the lawsuit or application.
IV. Procedure of Case Registration and Docket
1. The people’s courts shall register and docket all lawsuits, private prosecutions and applications that comply with the legal provisions on-site, and shall issue a writing confirmation indicating the date of receipt. When it cannot be determined whether or not the case complies with the provisions of the law on-site, the case will be registered and docketed within the period stipulated by the law. When it cannot be determined whether or not the case complies with the provisions of the law within the period stipulated by the law, the people’s courts shall register and docket it firstly.
2. When the materials of lawsuits, private prosecutions and applications fail to meet conditions required by law, the people’s courts shall interpretate it promptly and inform of the materials that should be corrected and the time limit in written notice at one time. The people’s courts shall register and docket the case if the corrections are made within the stipulated period. If the corrections are not made within the stipulated period, the people’s courts will return the materials and register it.
3. The people’s courts shall rule or decide not to accept or docket lawsuits, private prosecutions and applications those don’t comply with the legal provisions and set out the reasons. If the parties protest it, they may file an appeal or apply for reconsideration.
V. Review Period for Registration and Docket
1. The people’s courts shall decide whether or not to register and docket a civil lawsuit within seven days from receipt of a complaint or an application.
2. The people’s courts shall decide whether or not to register and docket a case regarding third-party’s revocation action within thirty days from receipt of a complaint.
3. The people’s courts shall decide whether or not to register and docket a case regarding action for enforcement objection within fifteen days from receipt of a complaint.
4. When the parties make corrections to the materials of a lawsuit or a private prosecution within the stipulated period, the people’s courts shall decide whether or not to register and docket a case from the receipt of the corrections.
VI. Sanctions for Abuse of Process
1. When the parties collude with each other in bad faith, or impersonate others to initiate litigation in an attempt to infringe upon the legitimate rights and interests of others through litigation or mediation, the people’s courts shall dismiss the complaint and impose a fine or detention. If a crime is constituted, criminal liability shall be investigated in accordance with the law.
2. If a person disobeys the advice of judicial personnel such as making a commotion, loitering or striking the court, hinders judicial personnel from performing their duties by using violence, threats or other means, insults or slanders against a judge by fabricating facts, he shall be fined or detained when he seriously disrupts the work of case registration and docket. If a crime is constituted, criminal liability shall be investigated in accordance with the law.
3. Public security authorities shall warn, fine or detain persons who unlawfully besiege, stage sit-ins, stalk petitioning and striking the courts, and who interfere with case registration and docket in accordance with Public Security Administration Punishments Law. If a crime is constituted, criminal liability shall be investigated in accordance with the law. Consult Case Filing Tribunal, if you are not sure.