25 Jul 2008

Civil flow chart

The first trial
Prosecution
The court has the jurisdiction to file court petitions submitted






On file for review
On file with the conditions, the parties seven days notice pay legal costs to be paid after the file
Do not meet the conditions on file
Ruled inadmissible
Decided to reject the prosecution

Against

10 days to appeal to a higher-level people's courts.
After the admissibility
Court five days a copy of an indictment will be served on the other party, the other party 15 days to reply
Notify the parties to exchange evidence
According to the parties may apply to property preservation convicted, and immediately begin the implementation of
Scheduled trial
Notify the parties in advance on the 3rd session of time, place, contractors
An open trial of the case early on the 3rd to notice
Trial
Announced the court to verify identity of the parties, announced that members of the Full Court to inform the rights and obligations of the parties, asked whether to apply for evading
Court investigation: party to present the facts of the case
The burden of proof Testimony: inform the rights and obligations of witnesses, witness testimony, not present in court to read out the testimony of witnesses, to produce documentary evidence, exhibits and audio-visual materials; parties to express their views on the evidence
Court debate: the parties on the disputed factual and legal issues, rebuttal and demonstration
Court mediation: in the courts, under the auspices of the parties agreement to resolve disputes
The settlement agreement reached
Production of the mediation, the parties after the date of receipt
The parties to mediation or the contents of the application for enforcement
To the court told the Court for retrial
The settlement agreement is not reached
Full Court ruled collegiate (sentencing)
Consent judgement
Automatic parties fulfil the obligations established by a magistrate or instruments to the hospital I told the Chamber for the implementation of
Do not agree with referee
Convicted of: the date of service of 10 days to appeal to a higher-level people's courts
Decision: the date of service of 15 days to appeal to a higher-level people's courts

Appeal

Contractors to submit to the court on the pleadings, and provisions to pay the appeal fee, five days served on the court to the other party a copy of the complaint, the other party 15 days to reply

Second-instance trial

Upheld the original verdict
Revision
Play a retrial
After the sentencing
Automatic parties fulfil the obligations established by a magistrate or instruments to the hospital I told the Chamber for the implementation of

If dissatisfied, raised to a higher-level People's Court for retrial

The second trial

File
The parties refused to accept the Court of First Instance judgement or ruling, the legal time limit to the Court of First Instance or higher-level People's Court of Appeal
Second-instance court to review the Court of First Instance handed over materials and files an appeal, with conditions, be on file
The exchange of evidence
Appeal ruling: also told the Court of Review directly with the determination
Appeal's judgement
Court (the basic facts of the case clearly, can not trial, but must conduct talks with the parties)
Notify the parties in advance on the 3rd session of time, place, contractors
An open trial of the case early on the 3rd Notice
Transferred to the courtroom trial
Announced the court to verify identity of the parties, announced that members of the Full Court to inform the rights and obligations of the parties, asked whether to apply for evading
Court investigation: party to present the facts of the case
The burden of proof Testimony: inform the rights and obligations of witnesses, witness testimony, not present in court to read out the testimony of witnesses, to produce documentary evidence, exhibits and audio-visual materials; parties to express their views on the evidence
Court debate: the parties on the disputed factual and legal issues, rebuttal and demonstration
Court mediation: in the courts, under the auspices of the parties agreement to resolve disputes
Collegial to the full court ruling
Upheld the original verdict
Revision
Fahuizhongshen
Sentencing
Automatic parties fulfil the obligations established by a magistrate or instruments to the Court of First Instance for the implementation of
To the second-instance court told the appeals court to submit written materials
For retrial
The settlement agreement reached
Production of the mediation, the parties after the date of receipt

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