Reform of small claims procedure
The revised Civil Procedure Law stipulates the relevant procedures of small claims. Except for six prohibited situations, other facts are clear, rights and obligations are clear, and there is little controversy. The small claims procedure can be applied to cases where the target amount is less than 50% of the average annual salary of employees in the previous year. In addition, if certain conditions are met, the parties can also agree to apply the small claims procedure. Legislation encourages small claims to be concluded at one time and pronounced in court, so as to reduce the litigation burden of the parties.
? Perfection of online litigation rules
The revised Civil Procedure Law clarifies the legal effect of online litigation and improves online litigation rules such as electronic service. Civil litigation activities conducted online through the information network platform have the same legal effect as offline litigation activities. The application of online mode enhances the convenience and rapidity of litigation, and can also better safeguard the legitimate rights and interests of the parties during the prevention and control of epidemic normalization.
Expanded the scope of separate trials.
? The revised Civil Procedure Law expands the scope of application of exclusive system, which can be applied to ordinary procedural cases of first instance and cases of second instance under legal conditions, thus solving the long-standing criticism of the unity of form and reality in practice, and at the same time providing more diverse modes for judges to try different civil cases.
Optimization of judicial confirmation procedure
? The revised Civil Procedure Law has reasonably expanded the scope of application of judicial confirmation procedures to mediation agreements reached by legally established mediation organizations. In addition, the jurisdiction rules of judicial confirmation cases have been optimized. In other words, all kinds of legal and standardized mediation agreements can go through corresponding judicial confirmation and then enter the execution procedure.
Countermeasures of commercial banks
? In view of this, commercial banks should scientifically judge the influence and changes brought by the revision of the civil procedure law to the bank's legal practice. When the civil litigation system is transformed and upgraded in the Internet era, they should make good use of relevant litigation opportunities that are beneficial to banks and actively take measures to better safeguard their legitimate rights and interests.
? The promotion announcement serves the case alone. Because the defendant's whereabouts are unknown or he intentionally evades participating in the litigation, in practice, many cases of commercial banks are served by public announcement, and due to the original legal provisions, only ordinary procedures can be applied. Commercial banks should seize the powerful opportunity of the revision of the Civil Procedure Law, and strive to turn the announced cases that originally belonged to the ordinary procedure of first instance at the grass-roots level into sole cases with clear basic facts, clear rights and obligations and uncomplicated cases. At the same time, they should make use of the substantial advantage of the Civil Procedure Law to shorten the notice delivery period from 60 days to 30 days, effectively shorten the trial process and speed up the disposal progress.
? Promote online litigation rights protection in personal cases. According to the latest jurisdiction standards, the number of cases accepted by grass-roots courts will increase on the basis of heavy workload in the past, and it will be more difficult to file personal cases such as credit card cases and online credit products of commercial banks. In addition, it is necessary to overcome the adverse effects of the epidemic prevention and control period on litigation work. Accordingly, commercial banks should actively handle litigation cases by filing applications online and participating in online court trials, so as to further increase the number and proportion of online litigation and ensure the orderly work of safeguarding rights. From the perspective of the Shanghai court system, a full-process online case handling system focusing on the simultaneous formation of electronic files, online trial, the reform of single electronic file system and the application of intelligent auxiliary case handling system has basically taken shape, and online filing and intelligent execution have been continuously improved and promoted. Accordingly, on the one hand, commercial banks can choose all or part of the procedures online according to individual cases, further enhancing the convenience of litigation and realizing high-quality, efficient and low-cost dispute resolution. On the other hand, through the evidence retrieval of the third-party depository system, the on-site verification of "manual review in microfinance business" and the written confirmation of creditors in post-loan collection, the evidence is further fixed and improved, and the success rate of online litigation is improved. In addition, article 16 of the Civil Procedure Law stipulates that online litigation can only be conducted with the consent of the parties, but it does not explicitly stipulate that both parties need consent. On the one hand, commercial banks can stipulate in the contract in advance that disputes will arise in the future and take online litigation procedures; On the other hand, you can also unilaterally apply for online litigation when the dispute cannot be reached in the future.
? Timely promotion of small claims procedures. After the revision of the Civil Procedure Law, the trial period of small claims is 2 months, and the longest is 3 months, which is simple and efficient. On the one hand, commercial banks use the procedural autonomy granted by law to apply small litigation procedures in advance or at the time of litigation, such as parties appearing in court, overdraft of small bank cards, installment of bank cards, personal online loans, etc. On the other hand, if it is found that the case is complicated and unfavorable to the commercial bank, the procedure can also be converted through the court's active conversion according to its functions and powers and the conversion of the parties' objections.
? Promote diversified settlement of financial disputes. With the expansion and perfection of the Civil Procedure Law, commercial banks have more choices when dealing with disputes with customers arising from financial products and services. As long as the mediation organization is established according to law, the agreement reached by the mediation organization belongs to the scope of judicial confirmation, and it is no longer limited to the original "golden adjustment and silver adjustment". In addition, the parties to a mediation agreement also have more choices of jurisdiction, and they can apply for judicial confirmation to the people's court where the parties have their domicile, where the subject matter is located and where the mediation organization is located. Commercial banks can choose according to the optimal principle.
? Strengthen communication and coordination with the court. In practice, a large number of first-instance cases will be undertaken by grass-roots courts, and commercial banks should strive to reflect the value creation of litigation work. On the one hand, we should actively deal with new financial disputes that are difficult and complicated and have universal guiding significance for the application of the law, and strengthen communication and coordination with the court to avoid the impact of bad cases. On the other hand, in view of the characteristics of clear facts and simple legal relationship in banking cases, commercial banks should strengthen cooperation with the courts and establish a fast-track mode of financial cases by participating in the docking of judicial systems and the application of blockchain technology.