China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

SPP Issues Rules on Supervision of Civil Proceedings by People's Procuratorates

Thu, 26 Aug 2021
Categories: China Legal Trends

On 26 July 2021, the Supreme People’s Procuratorate released the “Rules on the Supervision of Civil Proceedings by People's Procuratorates” (“the Rules”, 人民检察院民事诉讼监督规则). The Rules consists of ten chapters, including investigation and verification, suspension and termination of examination, supervision over binding judgments, rulings and settlement statements, etc. The Rules has been implemented as of 1 Aug. 2021, and simultaneously the Rules on the Supervision of Civil Proceedings by People's Procuratorates (for Trial Implementation)” (人民检察院民事诉讼监督规则(试行)) was repealed.

Pursuant to the Rules, sham litigation is included in the scope of cases in which procuratorates may initiate supervisory proceedings ex officio. If, in the course of performing duties, the procuratorate suspects that a civil case involves sham litigation, regardless of whether the party has applied to the court for adjudication supervision, the procuratorate may initiate supervisory proceedings ex officio, which makes it more efficient to investigate and crack down on the sham litigation.

 

 

Cover Photo by Dendy (https://unsplash.com/@dnd_tjhai) on Unsplash

 

Contributors: CJO Staff Contributors Team

Save as PDF

Related laws on China Laws Portal

You might also like

SPC Publishes Typical Cases on Public Security Crimes

In April 2024, China's Supreme People's Court (SPC) released five typical cases illustrating crimes against public security, emphasizing clarifications on trial criteria and sentencing principles, featuring a case involving serious injuries from objects thrown off a high-rise building.

Beijing Court Upholds Workers' Right to Offline Rest

The Beijing No. 3 Intermediate People's Court ruled that workers are entitled to overtime pay for “invisible overtime work” conducted via social media outside of working hours, protecting their right to “offline rest”.

China Revises State Secrets Protection Law

China’s national legislature, the National People’s Congress, revised the State Secrets Protection Law to enhance information classification, secrecy in technological innovation, and precise protection of state secrets, effective May 1, 2024.