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Six Representative Cases involving Application of Model Texts Issued by the Supreme People's Court (Third Batch)
[Effective]
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最高人民法院发布6件示范文本应用典型案例(第三批)
[现行有效]
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【法宝引证码】
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| Six Representative Cases involving Application of Model Texts Issued by the Supreme People's Court (Third Batch) | | 最高人民法院发布6件示范文本应用典型案例(第三批) |
| (December 12, 2025) | | (2025年12月12日) |
| Providing uniform, standard, and concise model texts of complaints and answers is a people-oriented measure to facilitate the public's exercise of their litigation rights and a concrete practice of the vision of people-centered development. Based on the successful pilot implementation of 11 types of model texts since March 4, 2024 and the fact that their application has become common, the Supreme People's Court, jointly with the Ministry of Justice and the All China Lawyers Association, has comprehensively popularized and applied 67 types of model texts since July 14, 2025. By following the principle of "proactive guidance and respect for choice," the people's courts at all levels, jointly with the justice administrative departments and lawyers associations, have integrated the application of model texts into their participation in the standardized building of centers for comprehensive social governance, deepened the "general-to-general" diversified dispute resolution mechanism, and effectively put into practice integrated promotion and implementation in the preliminary mediation. First, introducing "supplementary measures" in terms of guiding counselors. The people's courts shall step up efforts in the supply of judicial services, allocate sufficient guiding counselors at litigation service venues and provide illustrated and easy-to-understand application guides to ensure that "introduction is available upon entry and instructions are available in filling out model texts," provide "one-on-one counseling services for the parties who file oral lawsuits, the elderly, and other special groups, and make model texts reach various litigants. Second, simplifying the text-filing through technological empowerment. The courts across the country shall uniformly apply the platform "People's Court Online Service," which provides online filling services for 67 types of documents and intelligent transcription of traditional complaints. Through "online filling" and "one-click transcription," the burden of filling out documents for litigants is effectively reduced. Many litigants and lawyers say that the second batch of model texts are more user-friendly and easier to use in both the format and content and that the element-based and checkbox-style model texts simplify the communication process and improve the dispute resolution efficiency. Third, amplifying efficiency through text sharing. The local courts shall, jointly with justice administrative departments and lawyers associations, strengthen joint training and regular seminars, work with relevant administrative departments and industry associations to promote the application of model texts, and effectively empower the resolution of disputes, diversified dispute resolution, and source governance of similar cases. Since July 14, among 26 types of frequently occurring disputes, more than 70% of the parties have proactively submitted element-based complaints online. In particular, the online application rate of model texts in four fields including criminal (private prosecution), environmental resources, state compensation, and execution has reached 80% and that of 18 types of causes of action including technical contracts, monopoly disputes, civil public interest litigation for environmental pollution and ecological damage, and applications for enforcement has exceeded 90%. The model texts have shifted from "recommended use" to "proactive choice," upgraded from "usable" to "effective," and expanded from "I use" to "everyone uses." From January to November this year, the case filing satisfaction rate in the courts across the country increased by 15% compared to that in the same period last year, and the public's satisfaction and sense of gain continues to improve. | | 提供统一、规范、简洁的起诉状、答辩状示范文本,是便利群众行使诉讼权利的为民举措,是以人民为中心的发展思想的具体实践。在2024年3月4日试行11类示范文本成效良好、应用已成常态的基础上,最高人民法院会同司法部、中华全国律师协会自2025年7月14日起全面推广应用67类示范文本。各级人民法院会同司法行政部门、律师协会按照“积极引导、尊重选择”总体原则,将示范文本应用融入到参与综治中心规范化建设、深化“总对总”多元解纷机制、做实先行调解等工作中一体推进、一体落实。一是在引导辅导做“加法”。加大司法服务供给,在诉讼服务场所配足引导辅导人员,提供图文并茂、通俗易懂的应用指南,确保“群众进门有人介绍,群众填写有人指引”,对口头起诉的当事人、老年人等特殊群体,提供“一对一”辅导服务,让示范文本惠及各类诉讼当事人。二是依托科技赋能做“减法”。全国法院统一应用“人民法院在线服务”平台,提供67类文本在线填写服务以及传统诉状智能转写功能,通过文本“在线填”、“一键转”,切实减轻当事人填写负担。不少当事人、律师表示第二批示范文本格式和内容设计更加好用、易用,认为要素化、勾选式的示范文本简化了沟通流程,提升了解纷效率。三是通过文本共用做“乘法”。地方法院会同司法行政部门、律师协会加强联合培训、定期座谈,并与相关行政主管部门、行业协会联合推动示范文本应用工作,更好赋能定分止争、多元解纷、类案源头治理。7月14日以来,26类多发易发纠纷中,七成以上当事人主动在线提交要素式起诉状,其中,刑事(自诉)、环境资源、国家赔偿、执行4个领域示范文本在线应用率达80%,技术合同、垄断纠纷、环境污染和生态破坏民事公益诉讼、强制执行申请等18类案由在线应用率超90%,示范文本从“推荐用”向“主动选”转变,从“能用”向“管用”升级,从“我用”向“都用”拓展。今年1-11月,全国法院立案满意率较去年同期增加15个百分点,群众满意度和获得感持续提升。 |
| The six representative cases issued this time include five civil cases involving a financial loan, a road traffic accident, lease of commercial premises, infringement on trademark rights, and a ship collision accident and a case involving participation in the distribution of claims in the field of execution. In particular, four of them involve new model texts added on July 14 this year, fully demonstrating the vivid practice of model texts in assisting centers for comprehensive social governance in resolving disputes in a "one-stop" manner, facilitating the public in resolving complex and difficult disputes, promoting the quality and efficiency of case filing, trial, and execution, and optimizing the rule-of-law business environment. The cases have the following characteristics: | | 本次发布的6件典型案例,覆盖金融借款、道路交通、房屋租赁、商标侵权、船舶碰撞5件民事领域案件及1件执行领域参与分配案件,其中4件为今年7月14日新增的示范文本,充分展现示范文本在助力综治中心“一站式”化解纠纷、便利群众解决疑难复杂纠纷、促推立案审判执行提质增效、优化法治化营商环境等方面的生动实践,呈现出以下特点: |
| First, the model texts promote the expedited trial of simple cases and facilitate the trial of complex cases, and add "new momentum" to the timely realization of justice. The courts across the country have fully popularized and applied 67 categories of model texts, which not only facilitate the speedy trial of simple cases, but also provide targeted support for complex cases. The roles of model texts in comparing elements and extracting focal issues have been maximized and the judges and mediators have been assisted in improving the quality and efficiency of dispute resolution. In Case 1, through the model texts, the court established a full-process and element-based trial mechanism of "collection of complaint elements - focus on court trial elements - generation of document elements" for simple typified disputes including financial loans, promoting the efficient resolution of financial disputes in court. In Case 2, by applying the model texts, the court assisted the parties in fully stating the case facts and clearly expressing their claims, achieved "same mediation for similar cases" for associated disputes, resolved a complex traffic accident dispute involving several vehicles in a chain collision in a package manner, and realized closure of the case once and for all and reconciliation of the litigants. | | 一是示范文本促简案、助繁案,增添及时实现正义“新动能”。各地法院全面推广应用67类示范文本,助力简案快审同时,也在“繁”案中精准发力,充分发挥示范文本要素比对、争点提炼作用,助力法官、调解员提高解纷质效。案例一中,法院依托示范文本,针对金融借款等简单类型化纠纷建立“诉状要素采集—庭审要素聚焦—文书要素生成”全流程要素式审判机制,促推金融纠纷当庭高效化解。案例二中,法院应用示范文本,助力当事人全面陈述案件事实、清晰表达诉求,实现关联纠纷“同案同调”,一揽子化解多车连环相撞的复杂交通事故纠纷,做到案结事了人和。 |
| Second, the model texts are used in the pretrial process and the whole process, forming a "new supply" for preventing and resolving disputes. The courts across the country have improved the mechanism for the full-process and integrated application of model texts, extended their application of model texts to the pre-trial process and the post-trial process, conducted the integrated application in all links including mediation by the centers for comprehensive social governance, case filing, preliminary mediation, trial and execution, to ensure that mediation be carried out to the fullest extent possible, judgments be rendered when necessary, simple cases be tried in a speedy manner, and disputes be substantively resolved. In Case 3, the court comprehensively popularized and applied the model text of an application form for participation in the distribution of claims, promoted the reduction of the rate of objections to execution distribution plans from 67.6% to 25.2%, and shortened the time for distribution of execution funds by 62.9%, effectively ensuring that the winning parties' rights be realized more promptly. In Case 4, the center for comprehensive social governance applied the model texts, facilitated the efficient operation of the mechanism of "exemplary litigation + batch mediation," promoted the "one-stop" resolution of a series of disputes over lease of commercial premises, and help the people resolve conflicts and disputes "at a single location." | | 二是示范文本靠前用、全流程,形成预防化解纠纷“新供给”。各地法院完善示范文本全流程贯通应用机制,将示范文本应用向前延伸、向后拓展,贯穿于综治中心调解、立案、先行调解、审判执行各环节,做实能调尽调、当判则判、简案快审、实质解纷。案例三中,法院全面推广应用参与分配申请书示范文本,促推执行分配方案异议之诉申请率从67.6%降至25.2%,执行案款分配时长缩短62.9%,有力保障当事人胜诉权益更快兑现。案例四中,综治中心应用示范文本,助力“示范诉讼+批量调解”机制高效运行,促推房屋租赁系列纠纷“一站式”化解,助力人民群众化解矛盾纠纷“最多跑一地”。 |
| Third, the model texts go global and are widely used to enrich "new practices" of high-level opening up to the outside world. Through the model texts, the courts across the country have provided targeted "navigation" for domestic and foreign parties in participating in litigation, facilitated them in litigation, and effectively safeguarded their right of action. Many domestic and foreign parties have given their praises. In Case 5, the court guided the parties in using the model texts, provided the foreign company with clear guidance on participation in litigation, resolved the foreign-related intellectual property dispute in a fair, efficient, and convenient manner and at a low cost, and helped create a first-class business environment that is market-oriented, rule-of-law-based, and internationalized. In Case 6, the court and the maritime safety administration applied the model texts during the joint mediation, assisted the parties in clarifying the case facts, specifying the focal issues, and narrowing the differences. In this way, the major foreign-related maritime dispute was resolved in a substantive way at the lowest cost and fastest speed, providing solid support and guarantee for building a "preferred destination for resolving international maritime disputes" and fully demonstrating the great advantages of the socialist judicial system with Chinese characteristics. | | 三是示范文本走出去、广泛用,丰富服务高水平对外开放“新实践”。各地法院依托示范文本为境内外当事人参与诉讼提供精准“导航”,更加便利当事人诉讼,切实保障当事人诉权,不少境内外当事人纷纷“点赞”。案例五中,法院引导当事人应用示范文本,为外国公司参加诉讼提供清晰指引,公正、高效、便捷、低成本化解涉外知识产权纠纷,助力打造市场化法治化国际化一流营商环境。案例六中,法院和海事局在联合调解时应用示范文本帮助当事人厘清事实、明确争议焦点、缩小分歧,以最低成本、最快速度实质化解重大涉外海事纠纷,为建设“国际海事纠纷解决优选地”提供坚实支撑和保障,充分彰显中国特色社会主义司法制度的巨大优势。 |
| In the next phase, the Supreme People's Court will work with the Ministry of Justice and the All China Lawyers Association to continuously optimize the model texts of complaints and answers, further expand the scope of cases to which the model texts are applicable, improve the level of in-depth and integrated application of the model texts, and better serve social governance, the people, the trial and execution, and scientific management through technological empowerment. | | 下一步,最高人民法院将会同司法部、中华全国律师协会持续优化起诉状、答辩状示范文本,进一步扩大示范文本适用案件范围,提升示范文本深度应用、融合应用水平,通过科技赋能更好服务社会治理、服务人民群众、服务审判执行、服务科学管理。 |
| Representative Cases involving Application of Model Texts (Third Batch) | | 示范文本应用典型案例(第三批) |
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