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Opinions of the Supreme People's Court on Promoting the Reform of Separating Complicated Administrative Proceedings from Simple Ones (2021)

Mon, 13 Sep 2021
Categories: Insights

Opinions on Promoting the Reform of Separating Complicated Administrative Proceedings from Simple Ones were promulgated on 14 May 2021, and entered into force on 1 June 2021.

There are 23 articles in total. The Opinions aim to promote the separation of complicated and simple administrative cases, and optimize the distribution of administrative trial resources.

The key points are as follows:

  1. Where the parties concerned jointly apply for judicial confirmation of a settlement agreement reached through pre-litigation mediation, the people’s court may confirm the validity of the settlement agreement in accordance with the law and issue the administrative pre-litigation settlement statement. Where the parties concerned refuse mediation or fail to reach a settlement agreement, the people’s court shall promptly file the case in accordance with the law if the statutory conditions for filing the case are met.

  2. When trying an administrative case through summary procedures, the people’s court may simplify the court trial procedures in light of the circumstances of the case, but shall guarantee the litigious rights of the parties concerned, such as the right of reply, presentation of evidence, examination of evidence, statement and argument.

  3. Audio and video recordings in the court trial of an administrative case subject to summary procedures may replace court records upon the consent of the parties concerned.

 

 

Cover Photo by Clay Banks (https://unsplash.com/@claybanks) on Unsplash

Contributors: CJO Staff Contributors Team

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