Supreme Court： Anonymization of three categories of people in judgment documents published on the Internet.

　　CCTV News:According to the website of the Supreme Court, the Supreme People’s Court issued a document on August 29th, pointing out that the Provisions of the Supreme People’s Court on People’s Courts Publishing Judgment Documents on the Internet (hereinafter referred to as the Provisions) was adopted at the 1689th meeting of the Judicial Committee of the Supreme People’s Court on July 25th, 2016, and is hereby promulgated and shall come into force as of October 1st, 2016.

　　The Regulations are as follows:

the Supreme People’s Court

Provisions on the publication of judgment documents by the people’s courts on the Internet

Adopted at the 1689th meeting of the Judicial Committee of the Supreme People’s Court on July 25th, 2016.

It will come into force on October 1, 2016.

　　In order to implement the principle of open trial, standardize the work of people’s courts in publishing judgment documents on the Internet, promote judicial justice and enhance judicial credibility, these Provisions are formulated in accordance with the relevant provisions of the Criminal Procedure Law of People’s Republic of China (PRC), the Civil Procedure Law of People’s Republic of China (PRC) and the Administrative Procedure Law of the People’s Republic of China, and combined with the actual work of people’s courts.

　　Article 1 The people’s courts shall publish judgment documents on the Internet in a legal, comprehensive, timely and standardized manner.

　　Article 2 China Judgment Document Network is a unified platform for national courts to publish judgment documents. People’s courts at all levels set up a link to the China Judgment Document Network on the government website and judicial open platform of our hospital.

　　Article 3 The following judgment documents made by the people’s court shall be published on the Internet:

　　(1) Criminal, civil and administrative judgments;

　　(2) Criminal, civil, administrative and enforcement rulings;

　　(3) Payment orders;

　　(four) criminal, civil, administrative and enforcement notice of dismissal;

　　(five) the state compensation decision;

　　(6) a written decision on compulsory medical treatment or a written decision on rejecting an application for compulsory medical treatment;

　　(seven) the penalty execution and change decision;

　　(8) Decisions on detention and fines made for acts of obstruction of litigation and execution, decisions on early termination of detention, and reconsideration decisions made for refusing to accept sanctions such as detention and fines;

　　(nine) administrative mediation, civil public interest litigation mediation;

　　(ten) other judgment documents that have the effect of suspending or ending the proceedings or have an impact on the substantive rights and interests of the parties and have a significant impact on the procedural rights and interests of the parties.

　　Article 4 A judgment document made by a people’s court shall not be published on the Internet under any of the following circumstances:

　　(a) involving state secrets;

　　(2) A minor commits a crime;

　　(3) Closing the case by mediation or confirming the effectiveness of the people’s mediation agreement, except that it is really necessary to disclose it in order to protect national interests, social public interests and the legitimate rights and interests of others;

　　(four) divorce proceedings or involving the upbringing and custody of minor children;

　　(5) Other circumstances that the people’s court considers unsuitable for publication on the Internet.

　　Article 5 The people’s court shall inform the parties of the scope of publishing judgment documents on the Internet in the notice of accepting a case and the notice of responding to a lawsuit, and inform the public of the relevant provisions of the people’s court on publishing judgment documents on the Internet through government websites, electronic touch screens, litigation guides and other means.

　　Article 6 For the judgment documents that are not published on the Internet, the case number, the court of trial, the date of judgment and the reasons for not publishing them shall be published, except that the publication of the above information may reveal state secrets.

　　Article 7 A legally effective judgment document shall be published on the Internet within seven working days from the effective date of the judgment document. The written judgment or ruling of first instance for lodging a protest or appeal according to law shall be published on the Internet within seven working days after the judgment of second instance takes effect.

　　Article 8 When the people’s court publishes judgment documents on the Internet, it shall anonymize the names of the following persons:

　　(a) the parties and their legal representatives in marriage, family and inheritance disputes;

　　(2) Victims of criminal cases and their legal representatives, plaintiffs in incidental civil actions and their legal representatives, witnesses and expert witnesses;

　　(3) Minors and their legal representatives.

　　Article 9 When dealing with anonymity according to Article 8 of these Provisions, it shall be handled according to the following circumstances:

　　(1) Keep the surname and replace the first name with "a";

　　(two) for the names of ethnic minorities, keep the first word, and replace the rest with "a";

　　(3) For the Chinese translation of the names of foreigners and stateless persons, keep the first word and replace the rest with "a"; For English names of foreigners and stateless persons, keep the first English letter and delete other contents.

　　If different names are duplicated after anonymous processing, they can be distinguished by adding Arabic numerals after the names.

　　Article 10 The people’s court shall delete the following information when publishing judgment documents on the Internet:

　　(1) Personal information such as the natural person’s home address, communication mode, ID number, bank account number, health status, license plate number and certificate number of ownership of movable or immovable property;

　　(2) Information such as the bank account number, license plate number and ownership certificate number of movable or immovable property of legal persons and other organizations;

　　(3) Information involving trade secrets;

　　(4) Information concerning personal privacy in disputes such as family affairs and personal rights and interests;

　　(5) Information concerning technical investigation measures;

　　(six) other information that the people’s court considers inappropriate to be disclosed.

　　If the deletion of information in accordance with the first paragraph of this article affects the correct understanding of the judgment documents, the symbol "×" shall be used as a partial replacement.

　　Article 11 When the people’s court publishes judgment documents on the Internet, it shall keep the following information about the parties, legal agents, entrusted agents and defenders:

　　(a) except in accordance with the provisions of Article 8 of the anonymous treatment, the parties and their legal representatives are natural persons, keep the name, date of birth, sex, domicile county, district; If the parties and their legal representatives are legal persons or other organizations, the name, domicile and organization code, as well as the name and position of the legal representative or principal responsible person shall be retained;

　　(2) If the entrusted agent or defender is a lawyer or a grassroots legal service worker, keep the name, practice license number and the names of the law firm and grassroots legal service institutions; If the entrusted agent or defender is other personnel, the name, date of birth, sex, county and district where the person resides, and the relationship with the party concerned shall be kept.

　　Article 12 If the judge handling the case thinks that the judgment document is inappropriate to be published on the Internet in Item 5 of Article 4 of these Provisions, he shall put forward written opinions and reasons, which shall be reviewed by the department head and reported to the competent vice president for examination and approval.

　　Article 13 the Supreme People’s Court shall supervise and guide the national courts to publish judgment documents on the Internet. The higher and intermediate people’s courts supervise and guide the courts in their respective jurisdictions to publish judgment documents on the Internet.

　　The trial management offices of the people’s courts at all levels or other institutions that undertake the functions of trial management are responsible for the administration of the publication of judgment documents on the Internet in our hospital, and perform the following duties:

　　(1) Organizing and guiding the publication of judgment documents on the Internet;

　　(two) to supervise and assess the work of publishing judgment documents on the Internet;

　　(three) to coordinate and handle the complaints and opinions of the public on the disclosure of judgment documents;

　　(four) to coordinate the technical departments to provide technical support and guarantee;

　　(5) Other related management work.

　　Article 14 People’s courts at all levels shall rely on information technology to bring the disclosure of judgment documents into the trial process management, reduce the workload of the disclosure of judgment documents, and realize the timely, comprehensive and convenient publication of judgment documents.

　　Fifteenth judgment documents published on the Internet shall be consistent with the original judgment documents, except for technical treatment in accordance with the requirements of these Provisions.

　　If the people’s court makes corrections to clerical errors in the judgment documents, it shall publish the written order for correction of clerical errors on the Internet in time.

　　The judge handling the case is responsible for the consistency between the judgment documents published on the Internet and the original judgment documents, as well as the standardization of technical handling.

　　Article 16 If the judgment document published on the Internet is inconsistent with the original judgment document or the technical treatment is improper, it shall be withdrawn in time and re-published after correction.

　　If the judgment documents published on the Internet are found to be under the circumstances listed in Article 4 of these Provisions, they shall be withdrawn in time and handled in accordance with Article 6 of these Provisions.

　　Article 17 The Information Technology Service Center of the People’s Court shall be responsible for the operation, maintenance and upgrading of China Judgment Document Network, and provide convenience for all sectors of society to legally use the judgment documents published on this website.

　　China Judgment Document Network applies the case numbers of different trial procedures according to cases, and realizes the correlation of judgment documents.

　　Article 18 These Provisions shall come into force as of October 1, 2016. Where the judicial interpretations and normative documents previously issued by the Supreme People’s Court are inconsistent with these Provisions, these Provisions shall prevail.