“Provisions of the Supreme People’s Court on Strictly Regulating the Issues on Extending the Time Limit for Trial and Postponing the Hearing for Civil and Commercial Cases” (“Fa Shi [2018] No.9”) has been implemented on 26 April 2018

Although the “Civil Procedure Law” has prescribed specifically on the time limit for trial and the time for hearing, in the judicial practice, for many cases, the time limit for trail was extended, and the time for trial was postponed, which brought unfavorable effects to the plaintiff or defendant. In order to prevent such bad practice, Fa Shi [2018] No.9 was released on 23 April, 2018. The following points are recommended to be focus.

1.To set a review and approval period on the application for extending time limit for trial

The “Civil Procedure Law” prescribes if an extension of the time limit for trial is necessary under special circumstances, it may be extended with the approval of the president of the court; and any further extension shall be subject to the approval of the superior of the court. Fa Shi [2018] No.9 has further prescribed that the application of extension shall be submitted to the president of the court within15 days before the expiration of the original time limit for trial, and the president of the court shall make a decision within 5 days before the expiration of the original time limit for trial. For the further extension, the same time requirements are applied. This requirements on the review and approval period could prevent some people to take advantage of such period and extend the time limit for trial in disguise.

2.To set an interval time requirement on the time for hearing

Fa Shi [2018] No.9 prescribes that for those cases which require a second hearing, the interval between the two hearings shall not exceed 1 month, except for force majeure or both parties’ consent.

3.To set the approval system on the postponement of hearing

The “Civil Procedure Law” and relevant laws and regulations have not prescribed the approval system on the postponement of hearing, which means the single judge or the panel may arrange the time for hearing freely. However, Fa Shi [2018] No.9 prescribes that if a case shall be postponed for hearing, the case shall be submitted to the president of the court for approval.

In view of the above, Fa Shi [2018] No.9 has the positive effects on the effective civil trial procedures, and it could reduce the possibilities by abusing the time limit of the trial and the time for hearing.