In order to do filing inspection work for cases involving Internet management well in the future, hereby, the relevant issues are notified as follow:
I, The scope of cases involving Internet management
Cases involving Internet management include civil disputes and administrative disputes triggered because of network management. Civil disputes mainly are manifested as disputes triggered by the deletion of articles, speech as well as websites, etc., that the plaintiff published on the network by websites on the basis of requirements of relevant departments, or closure of plaintiffs’ blogs, forums, post bars, websites, etc. The majority of plaintiffs file a lawsuit on the basis of the network service contract they concluded with websites, and the fact that that the website deleted these persons’ articles or closed websites unilaterally, without their agreement or without notifying them. Administrative disputes mainly are manifested as lawsuits raised because plaintiffs do not agree with administrative punishment decisions or punishment acts by corresponding management departments to delete the articles or speech the plaintiff publishes online or close the plaintiff’s blog, websites, etc.
II, Basic requirements for inspecting filing of cases involving Internet management
(1) Persist the principles of reliable case filing work according to the law, realize the unification of legal effect, social effect and political effect in case filing. Do not accept cases involving Internet management, do not issue legal documents; concerning other civil disputes involving the network, in order to examine whether cases conform to statutory conditions for acceptance, the background, foreseen social effect and issues they involve must be fully understood, and only after they are reported to and agreed by the higher-level Court may these be cautiously accepted.
(2) Lawsuits involving Internet management received by detached tribunals of levels’ courts, including grass-roots courts, must immediately be hierarchically reported to our Court, and at the same time, the situation must be reported to the local Party Committee and Political-Legal Committee. All higher-level courts must do case filing guidance work concerning this sort of cases in their jurisdiction and the work to communicate lawsuit information well.
(3) When dealing with lawsuits involving Internet management, support from the local Party Committee and Political-Legal Committee must be vigorously sought, there must be coordination with relevant departments to jointly do the parties’ work well, and avoid emergence of negative influence, it is not permitted to declare positions externally without authorization.
Supreme People’s Court of the People’s Republic of China
13 July 2009