Chapter I General Provisions
Article 1 This Measures for Online Case Filing Appointment with Beijing Courts (hereinafter referred to as the “Measures”) is established in accordance with the Civil Procedure Law of the People's Republic of China and other related laws and regulations with the combination of the situation about case filing works in each and every courts in Beijing, so as to give convenience to parties, facilitate the informatization construction of case filing works and promote the quality and efficiency of such works.
Article 2 Online case filing appointment means the working mechanism with an application for case filing appointment submitted through the online case filing appointment system, the parties or their agents may, with the approval of which, complete the case filing procedures with the court with which the application is made within a specific period to save the costs of them spend for case filing.
Article 3 Online case filing appointment may be applied for against the first-instance civil and commercial cases, intellectual property right and enforcement cases.
Chapter II Application
Article 4 Upon logging in the online case filing appointment system, the parties or their agents shall select the competent court, type of the case and causes of action pursuant to laws and regulations of China in effect.
Article 5 The parties or their agents shall accurately complete the amount of the subject matter of the action and their identity information and upload the bill of complaint (written application), identification paper and power of attorney, evidence materials and other materials for the action (application) as required.
No application materials for preservative measures shall be submitted together with the materials submitted for the action through the online case filing appointment system. In case the application for preservative measures is applied by the parties or their agents while applying for case filing, relevant materials for preservative measures shall be submitted to the court with which the case filing is made upon the approval of his/her application of online case filing appointment.
Article 6 Upon the completion of application materials or the uploading as provided in Article 4 and 5 hereof, the parties or their agents may submit the application. The day on which the application is made is the application date.
Chapter III Review and Approval
Article 7 The case-filing department shall arrange judges responsible for the review and approval of online case filing applications pursuant to the workload of applications.
Article 8 Judges responsible for case filing shall review and approve the cases filed through the online case filing appointment system timely. Following requirements shall be met by cases applied for online case filing appointment:
(1) causes of action shall be identified in the online appointment application and the amount for the subject matter of the action shall be the same with that provided in the bill of complaint (written application);
(2) the identity information of the parties and their agents shall be true and valid;
(3) the case filed shall be within the jurisdiction of courts and governed by the court with which the application is made;
(4) the bill of complaint (written application) shall be made in a form legally required;
(5) materials required for the action (application) shall be prepared as required.
Article 9 Unless otherwise provided herein, judges responsible for case filing shall complete the review and approval of cases within five working days from the application date and make decisions as follows:
(1) if the provisions of Article 8 hereof are complied with, the approval shall be granted and the parties or their agents shall be notified to complete the case filing procedures at the court with which the application is made within specific period;
(2) if any provision of Items (1), (4) and (5) of Article 8 is not met, the parties or their agents shall be notified timely to make corrections within a prescribed period; if no correction is made or the requirements in those provisions cannot be met even through such correction, no approval shall be granted;
(3) if any provision of Items (2) and (3) of Article 8 is not met, no approval shall be granted.
Article 10 For cases which, in the opinion of judges for case filing, may not be reviewed through the online case filing appointment system, the review may be terminated.
Chapter IV Acceptance
Article 11 The case-filing department shall set up an online case filing appointment window to guarantee the convenience and efficiency of the review and approval of cases applied for filing through online system.
Article 12 Upon the approval, the parties or their agents shall bring the written materials for the action (application) to the court with which the application is made for the verification of authenticity by the judge for case-filing in respect of the materials submitted online.
Article 13 In case the written materials for the action (application) submitted by the parties or their agents are, upon the review, complied with the requirements set for case filing, such case shall be accepted for filing; otherwise, no acceptance shall be made.
Article 14 For cases passed the review for online appointment and for which the bill of compliant (application for execution) and identity information submitted online are true, then the statute of limitations (limitations for execution application) shall be suspended upon the application date.
Chapter V Supplementary Provisions
Article 15 The working mechanism of online case filing appointment and any and all legal issues involved shall be constructed by the Case Filing Chamber of the Beijing Municipal High People’s Court.
Article 16 The Measures shall come into force as of April 21, 2014.