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吸收意见持续优化,67类起诉状、答辩状示范文本全面推广使用
Xin Jing Bao· 2025-07-14 04:33
增加可供选填的空白栏。从第一批试行情况看,有意见提出,示范文本难以完全契合较为复杂的案件。 此外,除常见争点要素外,很多当事人想在起诉状、答辩状中陈述事情来龙去脉等。为此,本次修订在 示范文本"诉讼请求""答辩事项""事实和理由"项下统一增加可供选填的"空白栏"。 删除能够通过数据共享获得的栏目。例如,立案、应诉时必须另行填写《送达地址确认书》,其中包含 电子送达、变更地址通知及相关法律后果告知等信息。删除此类能够通过数据共享获得的信息要素,可 以进一步减轻当事人诉累。 新京报讯(记者行海洋)记者从最高人民法院获悉,在第一批起诉状、答辩状示范文本试行的基础上, 7月14日起,67类示范文本在全国法院全面推广应用。其中,新增56类,修订第一批11类,包括刑事 (自诉)、民事、商事、知识产权、海事、行政、环境资源、国家赔偿、执行等9个领域。 增加填写实例、填写说明、证据清单等内容。增加配套"填写实例",便于当事人理解、把握相关用语, 准确表达自己的诉求;在"证据清单"中,根据实际情况提供相关证据指引,方便当事人参考提交对应证 据。 最高法相关部门负责人表示,提供统一、规范、简洁的起诉状、答辩状示范文本,是人民法院 ...
把实事办好,把好事办实
Ren Min Wang· 2025-07-14 01:03
Core Viewpoint - The implementation of standardized litigation documents is significantly enhancing judicial efficiency and dispute resolution capabilities across various courts in China, with a focus on improving accessibility for the public and ensuring their rights are protected [1][2][8]. Group 1: Implementation and Impact - The usage rate of standardized litigation documents has exceeded 70% in various types of cases, leading to a noticeable reduction in the volume of labor disputes [1]. - As of June 2024, 81% of credit card cases in national courts utilized these standardized documents, resulting in an average trial period reduction of over 10% [4]. - The introduction of these documents has facilitated a shift from "recommended use" to "active selection" by litigants, indicating their growing familiarity and reliance on these tools [2][3]. Group 2: Development and Expansion - The Supreme People's Court, in collaboration with the Ministry of Justice and the National Lawyers Association, has expanded the range of standardized documents from 11 to 67 categories, covering various legal fields including civil, criminal, and administrative cases [6][10]. - The second batch of standardized documents was officially promoted for nationwide use starting July 14, 2024, following extensive training and preparation [8][10]. Group 3: User Experience and Accessibility - Enhancements have been made to the standardized documents to better accommodate complex cases and improve user-friendliness, including the addition of fillable sections for detailed case information [5][7]. - The introduction of digital tools allows litigants to fill out these documents online, with features such as smart data filling and case reference capabilities, improving overall user experience [9][10]. Group 4: Training and Support - The Supreme People's Court has organized multiple training sessions for court personnel to ensure effective implementation and understanding of the standardized documents [8]. - Local courts are encouraged to collaborate with legal professionals and community organizations to provide guidance and support for litigants unfamiliar with the legal process [9].
起诉状、答辩状示范文本上新!修订内容包括哪些方面?
Yang Shi Xin Wen· 2025-07-13 03:33
Core Points - The Supreme People's Court, in collaboration with the Ministry of Justice and the National Lawyers Association, has released 67 types of model texts for litigation, set to be fully promoted in courts nationwide starting July 14, 2024, building on the first batch of trial texts [1][10] - The model texts aim to provide standardized, simplified formats for common civil disputes, enhancing accessibility for the public in exercising their litigation rights [1][2] Group 1: Enhancements in Litigation Process - The model texts summarize common litigation requests and disputes, allowing parties to fill them out easily, which helps in accurately presenting their claims and reduces dispute resolution costs [2] - A significant percentage of parties, 72%, have chosen to use the model texts in their litigation processes, indicating a positive reception and effectiveness in facilitating legal proceedings [3] Group 2: Improvement in Judicial Efficiency - The integration of model texts into the entire litigation process has led to a more efficient identification of dispute focal points, resulting in a reduction of average trial durations, particularly in credit card cases where the average trial period has decreased by over 10% [4] - The model texts have also assisted lawyers in better understanding court adjudication processes, enabling them to prepare more precise litigation materials [5] Group 3: Multi-faceted Dispute Resolution - The use of model texts has empowered mediators in various centers to effectively address disputes, leading to a notable increase in the success rate of pre-litigation mediation, with over 25% of cases resolved through this method by June [6][7] - Data analysis of model text elements has facilitated proactive measures to prevent and reduce disputes at their source [8] Group 4: Updates and Improvements in Model Texts - The latest revisions to the model texts include the addition of 56 new categories, focusing on common cases in criminal, civil, commercial, and administrative law, enhancing their practical applicability [10][11] - Improvements include the addition of blank fields for complex cases, removal of redundant data fields, and the inclusion of examples and evidence checklists to aid users in accurately expressing their claims [11][12] Group 5: Specific Features of New Model Texts - New model texts are designed to be more aligned with practical needs, particularly in administrative law, where they address the close relationship between cases and the rights of individuals [14] - Special prompts have been added to guide users in critical areas, such as execution applications and participation in distribution applications, ensuring that parties are aware of their rights and potential legal risks [16]