关注我们
当前位置: 首页 > 诉讼服务 > 诉讼指引 > English
Notice of Faithful Litigation
分享到:
  发布时间:2022-05-07 17:51:24 打印 字号: | |

The principle of honesty and good faith is the basic principle of our countrys civil procedure law and the basic code of conduct for each litigation participant. If you, as a litigant, can litigate in good faith, it will not only improve the efficiency of the lawsuit and reduce the cost of litigation, but it will also help enhance the impartiality and authority of the judgment, achieve social justice, and promote the construction of good faith in society. In order to reflect this principle in litigation, and to avoid litigation exhaustion and wasting judicial resources, The First International Civil and Commercial Court of Hainan  highlights the main obligations of faithful litigation and relevant legal liability you should pay attention to in the litigation process, in accordance with the Civil Procedure Law of the People’s Republic of China, the Supreme Courts Interpretation in the Application of the Civil Procedure Law of the Peoples Republic of China, the Supreme Court’s Guidance on the Prevention and Punishment of False Litigation, and other relevant legislation. It is hoped that you can read the following tips carefully:

 

1.The Case-Filing Stage

1.1 The legal relations and facts stated in the litigation documents shall be true. Litigation cannot be brought by fabricating legal relations and facts, and the enforcement of fake arbitration awards or notarized documents is not allowed.

1.2 To file a lawsuit or make an application shall be your true intentions and shown by the print or seal on the indictment, the application, the Power of Attorney and other litigation documents. Impersonating others to apply or file a lawsuit is not allowed.

1.3 The defendant’s information detailed in the litigation documents shall be true and complete. Deceiving the court into case-filing by fabricating the defendants information or conspiring with others to fabricate the defendants information is not allowed.

1.4 In order to conserve limited judicial resources and maintain the stability of the legal order and the judicial authority and credibility, the principle of non bis in idem is stipulated in the Civil Procedure Law. Therefore, you cannot deliberately file a lawsuit with the same litigation request that has previously been brought to the Court during the course of litigation or after the judgment has come into effect.

1.5 The evidence submitted to the Court shall be true and complete. Conducts such as forging, altering, concealing and destroying evidence, or instigating, bribing and threatening other people to give false testimonies are not allowed.

 

2. Stage of Trial

2.1 In order to resolve your litigation dispute more quickly and efficiently and protect your legal rights and interests, the Court will sometimes need to inform you about some important matters, so you cannot refuse to answer the phone, refuse to attend meetings and talks arranged by the Court, or refuse receive or sign legal documents without justified reasons. This will have negative effects on the litigation process.

2.2 In order to conserve the limited judicial resources, you cannot abuse any litigation right such as rejecting the jurisdiction, applying for withdrawal, applying for extension, applying for appraisal or applying for investigation without justified reasons, to deliberately delay the proceedings or set artificial obstacles for the Court to exercise judicial authority.

2.3 The Court is a solemn place to adjudicate disputes. You shall comply with the rules of Court, appear in Court on time, and participate in the proceedings to ensure the smooth conduct of the trial.

2.4 The trial will sometimes involve personal privacy, business secrets and even state secret, so you cannot disseminate information about the trial through voice recordings, video recording, photography, or mobile communications without permission.

2.5 You cannot collude with the other party, or with persons not involved in the case, to make up fictitious legal relations in the case, fabricate the facts in the case or conceal the fabrication of the fact in the case. You cannot infringe on other peoples legal rights and interests through false reconciliation, mediation or litigation.

2.6 The Court shall, upon notice, request you to testify in Court if it is required for the trial. You should actively cooperate and sign the guarantee to ensure that the evidence given is true.

2.7 In order to improve the efficiency of the trial, the time limit of submitting evident is stipulated in the Civil Procedure Law, so you shall obey the rules of submitting evidence without presenting evidence intentionally or negligently beyond the time limit.

2.8 The evidence shall be true and complete. You cannot forge or destroy the evidence, prevent the witness from testifying through violence, threat and bribery, or instigate, bribe and threaten other people to give false testimonies.

2.9 In order to ascertain the facts as soon as possible, if you have documentary evidence, you shall submit the documentary evidence to the Court. To prevent the other party from using the documentary evidence, destroying the documentary evidence or carrying out other acts to invalidate the documentary evidence is not allowed.

2.10 Forcing the other party to reach a settlement by means of violence or threat is not allowed. Taking advantage of reconciliation or mediation delay maliciously, or transferring and concealing property in installments is also not allowed.

2.11 Property that is seized or distrained, or counted and ordered to be kept, shall not be concealed, transferred, sold or destroyed. Property that is frozen shall not be transferred.

2.12 In order to safeguard the seriousness of litigation and resolve disputes as soon as possible, you cannot file contradictory actions nor damage the other partys legal rights and interests by bearing false witness.

2.13 You cannot commit illegal acts such as insult, slander, frame, beat or retaliate court personnel, litigation participants, witnesses, translators, appraisers, inspectors and assisting enforcers.

3. Fiduciary Duty of Other Litigation Participants

3.1 The witness shall actively perform the duty of testifying in Court and cooperate with the Court to sign the guarantee in order to testify truthfully. The witness cannot collude with either party to make false testimonies and harm the interests of the other party and any third persons.

3.2 The appraiser shall make appraisals accurately according to the appraisal material and the appraiser’s specialized knowledge. The appraiser shall professionally testify in Court and explain the basis and the process of the appraisal.

3.3 The litigation shall be truthful, accurate and precise. Translators shall translate truthfully not distort the meaning of the parties.

 

4. Stage of Implementation

4.1 You cannot forge, conceal, destroy or refuse to produce important evidence regarding performance of the person subject to enforcement to prevent the Court from ascertaining the property status of the person subject to enforcement.

4.2You shall perform the obligations established in the enforced legal documents, and any of refusing to comply with the legally effective judgments or decisions of the Court are not allowed. This includes: i. Hiding, transferring, selling or destroying property, assigning property without rewards exchanging property for an unreasonable price, waiving creditors rights, or providing guarantee for others without payment after the legal document is effective; ii. Concealing, transferring, damaging or dealing with property provided as guarantee to the Court without the permission of the Court; Violating the restrictions on high-value consumption set by the Court; iv. Despite having the ability to comply, refusing to comply with the obligations established in the enforced legal documents upon notice from the Court.

4.3 You shall not reduce or decrease the ability of perform the obligations established in the legal documents by means of hiding, leaving for extended periods of time or going abroad. You cannot collude maliciously with others by means of litigation arbitration, and mediation to evade the obligation established in the legal documents.

4.4 You shall abide by the court schedule. Obstructing and interfering with the implementation the court schedule is not allowed.

 

5.Legal Liability

In order to address the abuse of litigation rights, such as malicious litigation,evading implementation of the proceedings and unfaithful litigation, conserve the judicial resources and maintain judicial authority, if you perform improper conducts such as abusing litigation rights and delay bearing the litigation obligations, the Court may, on a case-by-case basis, support reasonable requirement proposed by the party not at fault such as compensating reasonable lawyer fees.

The Court shall process obstruction of civil litigation based on the circumstances of the obstruction. For example, the Court can dismiss the litigation claims of parties who lack good faith or who file fraudulent litigation, admonish fraudulent litigation participants, fine fraudulent litigation participants to 100 thousand Chinese Yuan and detain the participants for up to 15 days. Each individual shall be fined not less than 50 thousand Chinese Yuan but not more than one million Chinese Yuan. The Count can also fine and detain persons principally or directly responsible for the fraudulent litigation. The Court shall advise judicial administrative agencies, in accordance with the Law of the Peoples Republic of China on Lawyers, to impose penalties on lawyers who violate the principle of good faith and participate making up false litigation cases.

责任编辑:三亚市中院管理员