Extending Trial Periods & Delaying Opening Court Sessions

For a long time, China’s courts have been lax in the management of the trial period, resulting in a lengthy judicial process, which has seriously affected the confidence of parties in the judicial process, however, now there is some good news! Provisions on Strict Limits on Extending Trial Periods and Delaying Opening Court Sessions for Civil and Commercial Cases (hereafter referred to as the “New Provisions”) has been promulgated and has come into force from April 26, 2018. The new provisions contain the following improvements:

• The new provisions have set a more reasonable time in which to make an application to extend the time limit and to make a decision whether to approve such extension or not. This will provide the chief judge and the superior people’s court sufficient time to examine the necessity of extending the time limit. The new provisions require a review of the reasoning and relevant details in order to apply for an extension of the time limit instead of the widely used reasoning of “the case is complex”;
• The provision reduces the duration of the session and ensures the continuity of litigation in order to resolve the dispute quickly. The improvement of judicial efficiency can enhance the trust of the parties and the confidence to resolve the dispute by judicial means.

 

It is the first time to issue the disclosure requirement on extending trial periods and delaying opening Court Sessions. The disclosure of procedural information can supervise the discretion of the judicial organ and protect the right to know, reduce the litigation and communication costs of the litigant.

The new provisions will help to safeguard the legitimate rights and interests of litigants in litigation proceedings and will enhance the public’s confidence in the Judicial process.

D’Andrea & Partners will keep you posted about future developments, however, for any further questions, please do not hesitate to write to us via info@dandreapartners.com