The time required for trials in Chinese courts is influenced by various factors, making it difficult to give a precise duration. Below is an analysis of the potential time spent at different stages:
Case Filing Stage
- Time: Usually, after receiving the complaint materials, if the case meets the filing requirements, it will be registered on the spot. If it cannot be determined on the spot whether the filing requirements are met, a decision will be made within 7 days of receiving the complaint. If the case does not meet the filing requirements, a ruling of non-acceptance will be issued.
- Special Circumstances: Some courts have a large caseload and may require a certain amount of time for preliminary review after receiving the materials. This process may extend the waiting time, but it generally will not exceed the statutory time limit.
Preparation Stage Before Trial
- Service of Documents: After filing, the court needs to send a copy of the complaint to the defendant within 5 days. The defendant must submit a statement of defense within 15 days of receiving the complaint. After receiving the statement of defense, the court will send a copy of the statement of defense to the plaintiff within 5 days. However, in practice, due to inaccurate defendant addresses or inability to contact the defendant, service of documents may take a long time, sometimes several weeks or even months.
- Determining the Panel Members: For cases tried under the ordinary procedure, the court will send a copy of the complaint to the defendant within 5 days of filing the case, simultaneously forming a panel of judges, and will inform the parties of the panel’s composition within 3 days of its confirmation.
Trial Stages
- Summary Procedure: Cases tried under the summary procedure should be concluded within 3 months of filing. An extension may be granted for 1 month with the approval of the court president in special circumstances.
- Ordinary Procedure: Cases tried under the ordinary procedure should be concluded within 6 months of filing. An extension may be granted for 6 months with the approval of the court president in special circumstances; further extensions require approval from the superior people’s court. If the case involves procedures such as expert evaluation or assessment, or if a party raises an objection to jurisdiction, the trial period will be extended accordingly. For example, the time for conducting a judicial appraisal is not included in the trial period, and the appraisal process may take several months or even longer
Enforcement Stage
- Application Period for Enforcement: If one party fails to fulfill the obligations determined by a legally effective document, the other party may apply to the People’s Court for enforcement within the statutory period (one year if both or one party is a citizen, and six months if both parties are legal persons or other organizations).
- Enforcement Period: After accepting an enforcement case, the court shall conclude the enforcement within six months from the date of filing. In special circumstances requiring an extension, with the approval of the court president, an extension of three months may be granted. Further extensions must be reported to the Higher People’s Court for record. However, in actual enforcement, if the judgment debtor has no assets available for enforcement, the enforcement proceedings may be terminated, and enforcement may resume only after assets available for enforcement are discovered. This can make the entire enforcement process unpredictable.