Mobile Micro Court

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[video:微法院初稿12]

What’s a mobile micro-court?

Hainan Mobile Micro-court, a brand-new service mode, makes full use of WeChat’s advantage in vast user base, embedded mini apps and cell phones always on hand to provide the public, litigants and lawyers with one-stop full-process mobile litigation service. Litigants, lawyers and the public may access by cell phone the Online Litigation Service Hall to file lawsuits or query the relevant cases. Judges, similarly, may also hear and settle lawsuits through online courts.

How do you file a case in mobile micro-court?

Litigants log on the mobile micro-court, complete the required online filing documents and click on Submit!

After a litigant submits a case for filing, the judge examines the case on OA system. That is, follow the process below: Once they have their identity certified, the litigant and lawyer submit their application for case filing and pay the relevant fees. And the judge examines the application and feeds back the result by electronic service. This process from the beginning to the end is conducted on the micro-court platform. You can ignore the territorial barrier and file and handle a lawsuit anytime anywhere.

How do you download mobile micro-court?

Litigation Flowchart

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Guide on Filing Civil Cases

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I. Conditions on filing a legal action

1. The plaintiff must be a citizen, legal person, or other organization having direct interests in the case;

2.There must be a specific defendant;

3.There must be a specific claim, a factual basis, and a cause of action;

4. The people’s courts must have authority to hear the civil disputes and have jurisdiction over the action.

II. Pleadings to Initiate an Action

1.Original and photocopies of the complaint;

One original copy, together with photocopies in numbers of opposing parties. The signature and seal of the plaintiff at the end of each copy shall be original.

2.Evidence on which the complaint is based, as well as a list of evidence;

The list of evidence shall include the name of each piece of evidence (original or photocopy), number of its copies, and the issues it proves. The evidentiary materials shall be provided in the same number of copies as that of the complaint.

3. ID certificates for the plaintiff, the defendant and third parties;

4. Confirmation of the plaintiff’s process service address.

Hainan Province High People's Court Guidance on Refunding the Legal Fees

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I. Notification of Relevant Matters

In order to implement the people-centered development thought, follow the principle of "serving people with sincerity", and effectively provide more convenient judicial services for the people, the relevant matters concerning the refund of legal fees are hereby notified as follows:

1. When conducting civil and administrative litigation, the parties shall pay the case acceptance fee in accordance with the regulations. The parties shall take the initiative to fulfill their obligation to pay legal fees. If they fail to perform on schedule, the court will deal with them according to law.

2. For civil and administrative cases that come into effect after November 1, 2021, if it is necessary to refund the legal fees to the parties, there is no need for the parties to apply. The court shall take the initiative to refund the relevant parties within 15 days from the effective date of the judgment documents, and shall refund them in full and accept the supervision of the masses.

3. For civil and administrative cases that come into effect before November 1, 2021, please contact the court to handle the refund of fees.

4. After the case is concluded, the parties who should bear but fail to pay the legal fees shall pay them in time according to the court notice.

5. The parties shall actively cooperate with the court to handle the refund of legal fees, submit the Confirmation of Refund Account to the court when receiving the Notice of Payment of Legal Fees, and accurately fill in the identity information, collection account information and contact information. If it is difficult to fill in, the parties can call the case filing tribunal of the competent court or dial 12368 for consultation.

6. The agent ad litem shall remind the parties to cooperate with the court in handling the refund of legal fees, accurately fill in the identity information, collection account information and contact information, and provide the Confirmation of Refund Account in a timely manner.

7. If the parties disagree with the refund result or think that the refund is not timely, they may report it to the case filing tribunal of the refund court.

8. If the parties find that the court staff have violated laws and regulations in the process of refunding fees, they may report to the discipline inspection and supervision department.

Judicial service hotline: 12368

II. Refund Principle

1. After the judgment documents come into effect, the court will take the initiative to refund the fees for the parties in time without the application of the parties.

2. For cases that meet the refund conditions, the fees will be refunded in full and at one time.

3. In principle, the payee of refund is the party specified in the judgment documents. If it is really necessary to entrust others to collect money for special reasons, materials such as authorization and bank account cancellation shall be submitted to the undertaking judge before the judgment documents are served.

If the parties really need to change the information of the refund account for legitimate reasons, they shall submit a written application to the undertaking judge before the judgment documents are served.

III. Refund Time

1. The refund shall be completed within 15 days from the effective date of the judgment documents.

IV. Refund Process

1. The parties shall fill in the Confirmation of Refund Account when filing a case.

2. After the judgment documents come into effect, if the undertaking judge considers that it is necessary to apply for a refund of legal fees after examination, he/she shall take the initiative to initiate an application for refund of fees, and inform the parties of the refund initiation information simultaneously.

3. The refundable legal fees shall be transferred by the bank to the collection account submitted and confirmed by the parties in the Confirmation of Refund Account within 15 days.

Confirmation of Refund Account

Cause
Case number
Informed matters:	1. If it is necessary to refund the legal fees to the parties, the people's court shall take the initiative to refund the relevant parties within 15 days from the effective date of the legal documents. 2. In order to facilitate the parties to receive the legal fees refunded by the people's court in time, the parties shall truthfully and correctly provide their valid bank accounts for receiving the refund of legal fees. 3. In order to protect the legitimate rights and interests of the parties, the Confirmation of Refund Account shall be filled out truthfully and comprehensively, and shall be signed and confirmed by himself/herself or his/her specially authorized agent. If there are multiple parties, all parties or their specially authorized agents shall sign and confirm the Confirmation of Refund Account by handprint. 4. If the designated payee is not the party to the case, the party shall provide a special power of attorney and sign it for confirmation; otherwise, it will not be handled. 5. The bank account for a refund of legal fees confirmed by the parties is applicable to all litigation stages of the case, including first instance, second instance and retrial. 6. During the trial of the case and before the people's court refunds the fees, if there is any change in the bank account for refunding legal fees, the parties concerned shall submit a new Confirmation of Refund Account to the people's court in time. 7. If the bank account number of legal fees refund provided by the parties is inaccurate, or the changed bank account is not submitted to the court in time, resulting in the court being unable to handle the refund, the parties shall bear the consequences of delay in refund.
Bank account	Name of the payee
	ID card No. (Unified social code)
	Account of the payee
	Opening bank of the payee
	Contact information
Confirmation by the parties	□ I have read the notification of this Confirmation, and the above bank account number provided is correct and valid. Please transfer (remit) the refund of legal fees to the above bank account. □ I have read the notification of this Confirmation, but have no bank account or are unwilling to provide a bank account. □ I have read the notification of this Confirmation, but voluntarily bear or agree that the losing party will pay me the unnecessary legal fees that I have paid. Signature or seal of the party (agent) Date
Notes:	The "generally entrusted agent ad litem" has no right to go through the confirmation procedures of legal fee refund, and the special authorization shall clearly collect the refund of legal fee on his/her behalf.

Warm Tips: 1. The opening bank must be specific to the sub-branch (or branch or branch office). If you don't know the bank, you can call the customer service telephone on the back of the bank card for consultation; 2. If you have any problems during the filling process, you can dial 12368 for consultation.

Filing Fees

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I. Filing fees shall be paid according to the following criteria:

1. Property Cases

2. IPR Cases

3. Other Cases

II. Application fees shall be paid according to the following criteria:

1.Preservation Cases

2.Enforcement Cases

3.Maritime Cases

4.Other Applications

III. Filing fees may be paid at half the rate under the following circumstance:

IV.Whoever appeals in a property case shall pay the filing fee based on the amount claimed in the appeal in connection with the unsatisfied part of first instance judgment.

V. For revision cases where a filing fee needs to be paid, such fee shall be based on the amount claimed in the petition in connection with the unsatisfied part of the original judgment.

Cautions on Actions

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I.If a plaintiff from a foreign country, Hong Kong, Macao, or Taiwan files an action, such plaintiff shall present his/her ID (passport, pass, etc.) and a photocopy thereof. In case the plaintiff authorizes another person, the agent ad litem shall present a notarized or certified power of attorney, as well as his or her own ID. Foreigners, stateless persons, foreign enterprises and organizations filing or responding to an action in China must retain lawyers of the People's Republic of China if lawyers are needed.

II. If the plaintiff sends a power of attorney or evidentiary materials from another country, or if the evidentiary materials originate from another country, such documents shall be notarized by a local notary agency and verified by the Chinese consulate in that country. Alternatively, the plaintiff may handle the certification formalities as set forth in the relevant treaty concluded between China and the host country.

III. The plaintiff shall complete the notarization or certification formalities by reference to the above paragraph if the power of attorney or evidentiary materials are sent from Hong Kong, Macao, or Taiwan, or if the evidentiary materials originate from Hong Kong, Macao, or Taiwan.

IV. If the complaint, evidentiary material, or power of attorney is in a language other than Chinese, a Chinese version shall be attached. If the opposing party is a foreigner, a version in the official language of the country where the opposing party resides shall be provided. The translation shall be executed by an officially qualified translation agency.

V. Time Periods for Foreign-related Cases

1.A defendant with no domicile in the People's Republic of China shall answer within 30 days after receiving a copy of the complaint.

2.A party with no domicile in the People's Republic of China shall appeal against a first-instance judgment or ruling within 30 days from the date of service of such judgment or ruling. The appellee shall answer within 30 days after receiving a copy of the appeal.

3.For service by public announcement to a party with no domicile in the People's Republic of China, the document shall be deemed received three months after the date of public announcement.

Guide on Representation

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I. Qualifications of Agent ad Litem

The following persons may serve as an agent ad litem:

1.A lawyer or “basic-level legal service worker”;

2. A close relative or staff member of a party;

3. A citizen recommended by the residential community or employer of the party or by a relevant social group.

II. Materials to Be Submitted by the Agent ad Litem

In addition to the power of attorney signed or sealed by the party, an agent ad litem shall submit the following materials to the people's court:

1.Where an agent ad litem is a lawyer--his or her practicing license and the certification from his or her law firm;

2.Where an agent ad litem is a basic-level legal service worker--his or her practicing license, a reference letter issued by his or her office, and a certificate showing one party to the case is domiciled within his jurisdiction;

3.Where an agent ad litem is a close relative of the party--his or her identity certificate and a certificate showing his or her relationship with the party;

4.Where an agent ad litem is an employee of the party--his or her identity certificate and a certificate showing his or her employment relationship with the party;

5.Where an agent ad litem is a citizen recommended by the party’s residential community or employer--his identity certificate, the recommendation document, and the certificate showing his or her relationship with the community or employer;

6.Where an agent ad litem is a citizen recommended by a relevant social group--his or her identity certificate and a certificate showing that he or she meets conditions as set out in law.

III. Number of Agent ad Litem

A party and his or her statutory representative may retain one or two agent ad litem.

IV.Authority of Agent ad Litem

The authority of an agent ad litem includes:

1. General Authorization: The agent ad litem may only represent the principal to exercise general procedural rights, such as filing an action and submitting evidence.

2. Specific Authorization: In relation to procedural or specific rights closely related to substantive rights, such as recognition, waiver, modifying claims, settlement, counterclaiming and an appeal, the agent ad litem may only exercise such rights with specific authorization from the principal.