Must the “sample text” be used in order to file a lawsuit in court? The Supreme Law has responded.
The Supreme People’s Court recently issued a notice to comprehensively apply unified and standardized sample texts of complaints and defenses across all levels of courts, which has attracted attention from all sectors. On the 9th, relevant heads from the Case Acceptance Department, Civil Trial Department No. 1, and Civil Trial Department No. 2 were interviewed by reporters and expressed their determination to prevent the use of forced application of sample texts as a reason to refuse to accept legitimate cases and fully guarantee the parties’ legal rights to file lawsuits.
“People’s courts strictly implement the requirements of the case registration system, and must accept all legitimate cases and resolve all legal disputes. Any failure to accept a legitimate case will be investigated and dealt with accordingly,” said the head of the Case Acceptance Department.
It was reported that in March 2024, the Supreme People’s Court, the Ministry of Justice, and the All-China Lawyers Association jointly issued a notice to develop standardized sample texts of civil complaints and defenses for 11 common and frequently occurring civil cases, including financial loans, private loans, and labor disputes.
The head of Civil Trial Department No. 2 explained that the sample texts will help resolve issues such as insufficient guidance for parties to file complaints and reply, inadequate types of civil litigation documents, and difficulties in meeting the needs of different types of disputes by making the content of complaints and defenses more structured, providing more detailed guidance, and simplifying the filling process. This will improve the quality and efficiency of judicial trials.
It is understood that the Supreme People’s Court has recently notified the people’s courts at all levels to comprehensively promote the application of sample texts. Courts at all levels provide electronic sample texts of complaints and defenses through online and offline channels such as litigation service halls and online service platforms. Many courts have posted QR codes for sample texts and produced graphic-based filling guides to provide the public with download or scanning-and-filling services.
“The purpose of releasing sample texts of complaints and defenses is to facilitate litigation for the public,” said the head of the Case Acceptance Department. The people’s courts fully respect the parties’ choices. If parties or their lawyers fill out the sample texts of complaints or defenses, it will not affect their ability to submit their own statements simultaneously.
“For some parties who are not proficient in filling out these documents, we will strengthen guidance and provide litigation consultation and assistance in drafting complaints for special groups such as the elderly. At the same time, we will continue to promote digitalization, with some courts exploring ways to integrate elements of sample complaints and defense texts into online litigation service platforms. Parties只需 upload their complaints, and the platform can automatically identify the elements based on the sample text and fill them in automatically,” said the head.
The head of Civil Trial Department No. 1 stated that the people’s courts will continue to optimize the content of the sample texts based on improvement suggestions from parties and their lawyers. They will also accelerate the construction of smart-fill functions, provide services such as intelligent identification and backfilling, and gradually expand the use of sample complaints and defense texts for more types of cases. At the same time, they will strengthen supervision on issues such as deviations from the original intention and improper implementation during the promotion and application process, seriously correct them, and continue to promote measures to make judicial services more convenient and beneficial to the public.
