Thursday, November 28, 2013

China Courts to publish judgments on the internet

In an advance that our courts in many place still have not achieved, the Supreme Peoples Court of China has announced that judgments are to be published on the internet.
The Supreme People's Court Regulation on People's Courts Release of Judgments on the Internet
(Passed at the 1595th meeting of the Judicial Committee of the Supreme People's November 13, 2013)
The follow Regulation is formulated in accordance with the Criminal Procedure Law of the PRC, the Civil Procedure Law of the PRC, the Administrative Procedure Law of the the PRC and relevant provisions, taken together with the actual work conditions in the people's courts, to implement the principle of disclosing judgments, to standardize efforts of the people's courts to release judgments online, to advance judicial fairness and increase judicial credibility.
Article 1:People's Court's release of judgment documents on the internet shall follow the principles of lawfulness, timeliness, standardization and truth.
Article 2:The Supreme People's Court established the Judicial Opinions of China Network for unified release of effective judgments from all levels of people's courts.
People's courts at all levels are responsible for the quality of the judgment documents they release on the China Judicial Opinions Network.
Article 3:People's courts at all levels shall designate a special organization responsible for managing the internet release of judgment documents. This organization performs the following duties:
(1) organizes, uploads judgment documents;
(2) Coordinates the relevant departments to handle typos, improper technical handling of a judgment document or other such problems it discovers.
(3)Other related guidance, supervision or evaluation work.
Article 4: The judgment documents of people's courts shall be released on the internet, but with an exception in any of the following circumstances:
(1) those touching upon state secrets or personal privacy;
(2) those involving juvenile violations or crimes;
(3)those cases concluded by mediation;
(4)Others not suited for release on the internet.
Article 5:People's Court shall inform the parties of the scope of internet release of judgment documents in the case acceptance notice, and use means such as government websites, electronic touch screens, litigation guides to inform the public of the regulations related to the people's courts' release of judgment documents on the internet.

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