Jiangsu High People's Court

Provisions on Several Issues Concerning the Transfer of Civil and Administrative Appeals

（ two thousand and ten year twelve month twenty-eight Full Committee of the Judicial Committee of Jiangsu Higher People's Court [10] Section forty-four Discussed and adopted at the meeting)

In order to further standardize the transfer of civil and administrative appeal cases, improve litigation efficiency, and ensure that cases are heard in a timely and fair manner, in accordance with the Civil Procedure Law of the People's Republic of China, the Administrative Procedure Law of the People's Republic of China, the Measures for Payment of Litigation Costs of the State Council, and the Several Provisions of the Supreme People's Court on Strictly Implementing the System of Time Limit for Trial of Cases These Provisions are formulated in combination with the actual civil and administrative trial work of the courts in the province.

Article 1 The transfer, reception, examination and filing of civil and administrative appeal cases shall follow the principles of law, order, timeliness and efficiency. The court of first instance and the court of second instance, as well as the judicial department and the case filing department, shall perform their respective duties, cooperate and cooperate with each other to ensure the effective operation of case transfer.

Article 2 After the court of first instance makes a decision, the relevant trial court, in addition to serving judgment documents , He shall also be responsible for the delivery and collection of Notice of Appeal, Notice of Expediting Payment of Fees for Accepting Appeal Cases, and appeal petition, defense, etc., and shall uniformly transfer the appeal case materials to the filing court of the Court after checking them.

The Case Filing Division of the Court of First Instance is responsible for reviewing the appeal materials transferred by the relevant court and uniformly submitting them to the Case Filing Division of the Court of Second Instance; The filing division of the court of second instance is responsible for the review and filing of appeal cases.

Article 3 When the court of first instance serves judgment documents on the parties to civil and administrative cases, it shall also serve the Notice to Appeal on the cases that can be appealed according to the law.

The Notice to Appeal shall include the appeal authority, the obligation to pay the appeal case acceptance fee in advance, the payment standard, the time and place of payment in advance, the legal consequences of late appeal and non payment of the appeal case acceptance fee, etc.

Article 4 When the appellant submits the petition of appeal to the people's court, he shall pay the appeal case acceptance fee in full in advance in accordance with the relevant provisions of the Measures for Payment of Litigation Costs of the State Council, and submit a copy of the payment voucher to the court of first instance within three days after the advance payment.

Article 5 After receiving the appeal petition, the trial court of the court of first instance shall affix the special seal for receipt on the original of the appeal petition, indicating the date of service of the judgment document, the date of submission (including mailing) of the appeal petition by the appellant, and the date of receipt of the appeal petition by the court of first instance.

If the appellant fails to file an appeal within the time limit for reasons other than force majeure, it shall be deemed that he has not filed an appeal, and the trial tribunal of the court of first instance shall issue a written explanation letter to him, and the appeal materials shall not be transferred to the case filing tribunal.

Article 6 After receiving the appeal petition submitted by the appellant within the statutory time limit, the trial tribunal of the court of first instance shall, according to the appeal request, examine whether the appellant has paid the fee for accepting the appeal case in advance within the appeal period.

For the case where the appellant fails to pay in advance or fails to pay in full the fee for accepting the appeal case within the appeal period, if the petition of appeal is received within the appeal period, the Appellant shall issue the Notice of Expediting the Fee for Accepting the Appeal Case to the appellant within five days from the expiration of the appeal period, and notify the appellant to pay in full the fee for accepting the appeal case within seven days from the date of receiving the notice; If the petition of appeal is received after the expiration of the appeal period, the Appellant shall be issued with the Notice of Expediting Payment of Appeal Case Acceptance Fee within five days from the date of receipt, and shall be notified to pay the appeal case acceptance fee in full within seven days from the date of receipt of the notice.

Article 7 The Notice of Expediting Payment of Appeal Case Acceptance Fee shall include the amount of the appeal case acceptance fee paid in advance, the time limit for payment in advance, the address of the court of second instance, the opening bank of the court of second instance, the account number and the specific address of the opening bank, and the legal consequences of failure to pay in advance after the time limit.

Article 8 The appellant may remit the appeal case acceptance fee to the special account for litigation fees of the court of second instance through the local bank, or pay it by mail transfer or directly to the litigation service center of the court of second instance.

Article 9 When the appellant or the person entrusted by the appellant to pay the fees submits a copy of the payment voucher to the trial court of the court of first instance, it shall indicate on the copy of the payment voucher that the fees paid are the fees for accepting the appeal case, and indicate the specific case number of the case of first instance and the name or title of the appellant who paid the fees for accepting the appeal case.

Article 10 If a party submits a petition of appeal within the statutory time limit, the trial tribunal of the court of first instance shall serve a copy on the other party within five days from the date of receipt; If the other party makes a defense within the defense period, the trial tribunal of the court of first instance shall serve a copy of the defense on the appellant within five days from the date of receipt.

Article 11 The legal documents of the people's court shall be served when they are delivered to the address confirmed in the Confirmation of Address for Service of Legal Documents filled in by the parties when they sue and defend in the first instance.

If the address for service provided or confirmed by the addressee himself is inaccurate, refuses to provide the address for service, or fails to inform the people's court of the change of the address for service in time, and without proper reasons, the legal document cannot be actually received by the addressee, the date when the document is returned shall be deemed as the date of service.

Article 12 For the case where the appellant files an appeal within the statutory time limit, pays the appeal case acceptance fee in full amount on schedule or submits an application for postponement, reduction or exemption of the appeal case acceptance fee, and the defense period has expired, the trial court of the court of first instance shall transfer the following materials to the case filing court of the court of first instance within five days from the date when the defense period expires:

（1） Letter of transfer of appeal case;

（2） All file materials;

（3） First instance judgment documents and trial reports five Copies;

（4） Confirmation of address for service of legal documents;

（5） Original copies of appeal and defense (except those without defense);

（6） Evidence of advance payment of appeal case acceptance fee or application for postponement, reduction or exemption of appeal case acceptance fee and relevant supporting materials;

（7） Other materials to be transferred.

For the case of urging the parties to pay the fee for accepting the appeal case, the Trial Chamber of the Court of First Instance shall also transfer the original of the Notice of Expediting the Fee for Accepting the Appeal Case (stub) and the service certificate.

For the case where the parties apply for postponement, reduction or exemption of legal fees, the trial tribunal of the court of first instance shall issue a letter of recommendation for handling and transfer it to the case filing tribunal together with other case materials.

Article 13 The letter of transfer of an appeal case shall include the case number of the first instance, the name of the case and the cause of action, the service of copies of the appeal petition and the defense, the notice of appeal or the notice of the appeal case acceptance fee, the time and actual amount of the appeal case acceptance fee, the attached exhibits, the number of judicial documents, the number of files, etc.

Article 14 If a party files an appeal within the statutory time limit, but fails to pay the appeal case acceptance fee in full in advance by the expiration of the time limit for urging payment, and fails to file an application for postponement, reduction or exemption of payment, the trial court of the court of first instance shall transfer the following materials to the filing court within five days from the date of expiration of the time limit:

（1） The original copy (stub) of the judgment document of the first instance, the notice of appeal, the notice of the appeal case acceptance fee and the service certificate;

（2） Appeal;

（3） Relevant information.

Article 15 The filing division of the court of first instance shall timely check the appeal case materials transferred by the trial division of the court. If the conditions for submission are met, it shall be submitted to the court of second instance within ten days from the date of acceptance of the transfer; If it does not meet the conditions for submission, it shall list the missing materials and return them to the trial court for supplementation; If a case is appealed within the time limit, it shall be returned to the trial court for a written explanation.

Article 16 After the court of second instance receives the relevant materials of the appeal case submitted by the court of first instance, the filing court shall review them in a timely manner. If the materials are complete, the case shall be filed within five days; If the materials are not complete, the court of first instance shall notify the court of first instance within two days, and the court of first instance shall supplement them within five days after receiving the notice, and transfer the relevant materials to the court of second instance within five days after completing them, otherwise the court of second instance will withdraw the files; If the appellant neither pays the appeal case acceptance fee in advance within the prescribed time limit, nor applies for postponement, reduction or exemption, it shall rule to automatically withdraw the appeal within ten days.

Article 17 The case filing tribunal of the court of second instance shall transfer the case to the trial tribunal for trial within three days of the decision to file the case.

Article 18 With regard to the appellant's application for postponing the payment of the fee for accepting the appeal case within the prescribed time limit, the filing chamber of the court of second instance shall review and decide whether to agree or not within seven days after receiving the materials submitted by the court of first instance, and notify the appellant in writing.

If it agrees with the appellant's application for postponement, the case filing tribunal shall file the case and transfer it to the trial tribunal within five days after the decision is made, and notify the trial tribunal in writing; Generally, the time limit for agreeing to postpone delivery shall not exceed one and a half months.

If it does not agree with the appellant's application for postponement of submission, the filing court shall state the reasons in the written notice and require the appellant to pay the fee for accepting the appeal case in full within seven days from the date of receiving the notice. If the appellant fails to pay in full within the prescribed time limit, the case filing tribunal shall make a ruling within seven days after the expiration of the prescribed time limit, and the appeal shall be automatically withdrawn.

The appellant's application for postponing the payment of the fee for accepting an appeal case shall be reviewed by the case filing personnel and submitted to the collegial panel for discussion. If the collegial panel agrees to postpone the payment, it shall report to the presiding judge for approval; If the appellant disagrees with the delay, he shall directly notify the appellant in writing.

Article 19 For the case that the appellant applies for reducing or exempting the fee for accepting the appeal case within the specified time limit, the case filing tribunal of the court of second instance shall timely review the case filing and transfer it to the trial tribunal, which shall review and decide whether to agree or not within seven days after accepting the transfer, and notify the appellant in writing.

If the appellant is allowed to reduce his application, the trial court shall notify him in writing to pay all the fees for accepting the appeal case within seven days from the date of receiving the notice.

If the appellant is not allowed to apply for reduction or exemption, the trial court shall notify the appellant in writing to pay the appeal case acceptance fee in full within seven days from the date of receiving the notice. If the appellant fails to pay in full within the prescribed time limit, the trial tribunal shall make a ruling within seven days after the expiration of the time limit and handle the case as if the appeal had been withdrawn automatically.

The undertaker shall submit the application of the appellant for reducing or exempting the fee for accepting the appeal case to the collegial panel for discussion, and after being examined and approved by the presiding judge, it shall be submitted to the president in charge for approval.

Article 20 For the appeal case acceptance fee that is allowed to be delayed by the parties at the time of filing, the trial court of the court of second instance shall timely urge the payment, and the ruling that is not paid within the time limit shall be automatically withdrawn from appeal.

Article 21 If an appellant applies for postponement, reduction or exemption of the fee for accepting an appeal case after its application for postponement, reduction or exemption of the fee for accepting an appeal case is rejected, it will not be allowed unless there are real reasons.

Article 22 If the court of second instance considers after examination that there is some error in the ruling to automatically withdraw the appeal, the case filing tribunal shall set a case number of "Zai Zhong Zi" and transfer it to the trial supervision tribunal to revoke it according to the ruling of the trial supervision procedure and resume the procedure of second instance.

The trial supervision tribunal of the court of second instance shall, within 20 days from the date of acceptance of the transfer, make a ruling of revocation, and notify the court of first instance within three days from the date of making the ruling of revocation; The court of first instance shall, within ten days after receiving the notice, submit all the appeal materials and files to the court of second instance for filing.

Article 23 If a party directly submits an application to the court of second instance for postponing, reducing or exempting the fee for accepting an appeal case, the court of second instance shall register it after receiving it and transfer it to the court of first instance within five days.

Article 24 If the appellant files an appeal within the statutory time limit and withdraws the appeal before the court of second instance files the case, it shall be deemed that the appeal is unfounded. The fees paid in advance by the appellant for accepting an appeal case shall be refunded.

If the appellant withdraws his appeal before the court of first instance transfers the case to the court of second instance, he/she shall submit a written application for withdrawal to the trial court of the court of first instance. The trial court of the court of first instance shall notify the appellant and other parties in writing. The appeal of the appellant is deemed to be unfounded and the original judgment has legal effect. If the appellant has paid the fee for accepting the appeal case in advance, the trial court of the court of first instance shall also issue a letter on the withdrawal of the case, together with the withdrawal application, to the appellant to go to the court of second instance to handle the refund formalities.

If the appellant proposes to withdraw his appeal after the court of first instance has transferred the case to the court of second instance, he shall submit a written application for withdrawal to the case filing tribunal of the court of second instance. The case filing tribunal of the court of second instance shall inform the appellant and other parties in writing that the appeal of the appellant is deemed invalid and the original judgment has legal effect; The appellant shall refund the appeal case acceptance fee already paid in advance.

Article 25 The Notice of Expediting the Payment of Fees for Accepting Appeals and the written notice of whether to allow the appellant to postpone, reduce or waive the payment of litigation fees shall be delivered by mail by the court.

Article 26 These Provisions shall come into force as of the date of issuance. Sugao Law implemented before the promulgation of these Provisions [ two thousand 〕 three hundred and eighty-nine The Interim Provisions on the Transfer of Civil and Administrative Appeals shall be repealed. If other provisions on the transfer of civil and administrative appeals are inconsistent with these provisions, these provisions shall prevail.