Whether the typo in the judgment can only be corrected after it takes effect?

In order to improve the quality of litigation documents, the Supreme Court has formulated standardized, standard and practical document forms for various types of judicial decisions. Therefore, the procedures for writing all kinds of judgments should comply with the normative requirements of the Supreme Court on the preparation of judgments.

In terms of technical specifications, it is required that the font of the document be standardized, that is, the name of the court should be No. 2 Songti, the name of the document should be No. 1 Songti, and the case number and text should be No. 3 imitation Songti.

Punctuation norms are required, that is, to comply with the provisions on the use of punctuation marks formulated by the State Language Commission, and numerals are required to be standardized, that is, to use Chinese characters and Arabic numerals correctly in accordance with the provisions of the trial provisions on the use of numbers in publications and the characteristics of judicial documents.

It is required that the layout of the document is standardized, that is, each page of the document should generally be 23 to 24 lines, each line should be 28 to 3 crosses, the margin should be greater than the corner of the earth, the left space should be greater than the right space, and the page number should be marked in the center or right position of the footer. Binding specifications are required, that is, if the body of the judicial decision is more than two pages, the method of pasting in the left space should be used, and the binding machine cannot be used.

Article 148 of the Civil Procedure Law of the People's Republic of China: People's courts are to publicly announce judgments in all cases that are tried in public or not in public.

Where the verdict is announced at court, the written judgment shall be sent within 10 days; Where the judgment is periodically announced, the written judgment is to be issued immediately after the judgment is announced.

When a judgment is pronounced, the parties must be informed of their right to appeal, the time limit for appeal, and the court in which the appeal will be made.

When a divorce judgment is pronounced, the parties must be informed that they must not marry separately until the judgment takes legal effect.

Article 152:The judgment shall clearly state the outcome of the judgment and the reasons for making the judgment. The judgment reads:

1) The cause of action, litigation claims, and facts and reasons for the dispute;

2) The facts and reasons ascertained in the judgment, and the applicable laws and reasons;

3) the burden of judgment results and litigation costs;

d) the period of appeal and the court of appeal.

The judgment is to be signed by the adjudicators and clerks, and the seal of the people's court is to be affixed.

The court's issuance of a ruling to supplement and correct an effective judgment is a correction of a clerical error in the original judgment, and the effect of the ruling on the amendment is better than that of the original judgment, so it must be enforced in accordance with the ruling on supplemental evidence.

The legal basis for the supplemental ruling is Article 154 of the Civil Procedure Law and Article 166 of the Opinions on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China. The amendment ruling has the following effects and functions:

1. The supplementary ruling, the judgment, the ruling or the mediation document prepared by the court are all a type of legal documents of the court.

2. The amendment ruling is only a correction of clerical errors in the legal documents, which exist as an annex to the legal documents to be supplemented and are inseparable from the legal documents to be amended.

3. The amendment ruling has the functions of correcting, omitting and correcting errors in the judgment, ruling or mediation document made by the court.

4. Under normal circumstances, as long as there are statutory matters that can be supplemented and corrected, a ruling on supplementation and correction can be issued at any time to supplement and correct, without waiting for the judgment to take effect.

5. According to the relevant laws and regulations, the amendment ruling takes effect immediately after it is made or served on the parties, and it cannot be appealed.

Legal analysis: In the current law, when it comes to the miswriting or miscalculation of legal documents in the judgment, the omission or miscalculation of litigation costs, and other clerical errors, the court may correct the error through a non-appealable ruling. If a judge discovers a clerical error after the judgment document has been announced or served, and the clerical error is serious, he or she shall withdraw the judgment document and supplement and correct it with a proofreading seal, a new judgment document, or a ruling.

Legal basis: Article 152 of the Civil Procedure Law of the People's Republic of China: The judgment shall clearly state the outcome of the judgment and the reasons for making the judgment. The judgment reads:

1) The cause of action, litigation claims, and facts and reasons for the dispute;

2) The facts and reasons ascertained in the judgment, and the applicable laws and reasons;

3) the burden of judgment results and litigation costs;

d) the period of appeal and the court of appeal. The judgment is to be signed by the adjudicators and clerks, and the seal of the people's court is to be affixed.

A typo on the verdict is still valid. Where there are clerical errors such as typos, omissions, or calculation errors in the judgment, a written ruling may be issued to correct them.

According to the provisions of the Civil Procedure Law of the People's Republic of China, the ruling applies to the following scopes:

1) Inadmissibility;

2) There is an objection to jurisdiction;

3) Reject the lawsuit filed by Yanyuan;

4) preservation and prior enforcement;

5) Permitting or not permitting the withdrawal of the lawsuit;

6) Suspending or terminating litigation;

7) Correcting clerical errors in the judgment;

8) Suspend or terminate enforcement;

9) revoke or refuse to enforce the arbitral award;

10) Refusal to enforce creditor's rights documents that have been given compulsory enforcement effect by a notary public;

11) Other matters that need to be resolved by ruling.

Article 154 of the Civil Procedure Law applies to the following scope:

1) Inadmissibility;

2) There is an objection to jurisdiction;

3) dismiss the indictment;

4) preservation and prior enforcement;

5) Permitting or not permitting the withdrawal of the lawsuit;

6) Suspending or terminating litigation;

7) Correcting clerical errors in the judgment;

8) Suspend or terminate enforcement;

9) revoke or refuse to enforce the arbitral award;

10) Refusal to enforce creditor's rights documents that have been given compulsory enforcement effect by a notary public;

11) Other matters that need to be resolved by ruling.

Rulings in items 1 through 3 of the preceding paragraph may be appealed.

The written ruling shall clearly state the outcome of the ruling and the reasons for making the ruling. The written ruling is to be signed by the adjudicators and clerks, and the seal of the people's court is to be affixed. Where an oral ruling is made, it is to be recorded in the record.

Legal Analysis: Typos can be corrected in the judgment in the form of a ruling. However, the clerical error must be a procedural error, and if it is a substantive error that affects the outcome of the judgment, the trial supervision procedure shall be initiated to remedy it.

Legal basis: Article 166 of the "Opinions of the Supreme People's Court on Several Issues Concerning the Application" The clerical errors in item (7) of the first paragraph of article 140 of the Civil Procedure Law refer to the miswriting or miscalculation of legal documents, omissions or miscalculations of litigation costs, and other clerical errors.

Article 154 of the Civil Procedure Law applies to the following scope: (1) inadmissibility; 2) There is an objection to jurisdiction; 3) dismiss the indictment; 4) preservation and prior enforcement; 5) Permitting or not permitting the withdrawal of the lawsuit; 6) Suspending or terminating litigation; 7) Correcting clerical errors in the judgment; 8) Suspend or terminate enforcement; 9) revoke or refuse to enforce the arbitral award; 10) Refusal to enforce creditor's rights documents that have been given compulsory enforcement effect by a notary public; 11) Other matters that need to be resolved by ruling.

Legal Analysis: Valid, typos can be corrected in the form of a ruling.

Legal basis: Article 154 of the Civil Procedure Law applies to the following scopes: (1) inadmissibility; 2) There is an objection to jurisdiction; 3) dismiss the indictment; 4) preservation and prior enforcement; 5) Permitting or not permitting the withdrawal of the lawsuit; (6) Suspend or terminate litigation; 7) Correcting clerical errors in the judgment; 8) Suspend or terminate enforcement; (9) revoke the hail or refuse to enforce the arbitral award; 10) Refusal to enforce creditor's rights documents that have been given compulsory enforcement effect by a notary public; (11) Other matters that need to be resolved by adjudication.

Legal Basis Late Type:

Civil Procedure Law of the People's Republic of China

Article 87: With the consent of the person being served, the people's courts may use fax, e-mail, or other methods to confirm their receipt of the litigation documents, except for judgments, rulings, and mediation documents.

Where the methods in the preceding paragraph are used, the date of delivery is to be the date on which the fax, e-mail, and so forth arrive at the recipient's specific system.

Article 88: Where it is difficult to directly serve litigation documents, other people's courts may be retained to serve them on their behalf, or service may be mailed. If it is delivered by mail, the date of receipt indicated on the receipt shall be the date of delivery of the code.