First, the prosecution should be in line with the conditions »
1, the plaintiff is the case with a direct interest of citizens, legal persons and other organizations;
2, a clear, the defendants:
3, a specific claim and the facts, reasons;
4, a People's Court accepted the scope and subject to civil litigation against the people's court jurisdiction.
Second, the prosecution submitted materials which »
1, the plaintiff in addition to the original petition submitted to the People's Court, it should be the defendant and a third person to provide the number of copies of petitions:
2, with the plaintiff's complaint with the proceedings and requested that the relevant evidence to verify people's courts originals or copies of the same evidence;
3, the original, the defendant eligible to prove that the main proceedings. The plaintiff or the defendant is a legal entity, also submitted a recent inspection that the industrial and commercial material.
Third, the complaint should include what »
1, a party is a citizen, should remember that name, sex, age, nationality, occupation, work units and shelter, Zip code and telephone links; a party is a legal person, should be recorded that legal persons or other organizations of the name, residence and the legal representative Or primarily responsible for the name, title, contact telephone and PC;
2, and the claim was based on the facts and reasons;
3, evidence and sources of evidence, witness names and home;
4, the parties to the shelter inconsistent with the actual place of residence, it should be stated separately.
Fourth, the parties are entitled to right of action »
1, Representative Is Appointed;
2, the collection, provision of evidence;
3, for evading;
4, to give up, change and recognition to refute claim;
5, the debate;
6, filed counterclaims;
7, requested mediation;
8, to reconciliation;
9, in the courts within the provisions of the inspection, copying the case materials and legal instruments;
10, filed the appeal;
11, the application for enforcement.
5, the parties undertake obligations which the proceedings »
L, the exercise of right of action in accordance with the law;
2, comply with the order of proceedings;
3, on their own put the burden of proof in that period to provide evidence;
4, take the initiative to carry out a legal judgement, award, and the decision of the mediation;
5, cases handled in accordance with the regulations to pay the cost of litigation fees.
6, how to submit evidence »
1, the plaintiff should be to provide an effective prosecution evidence. There are seven types of evidence:
(1) of the permit;
(2) physical evidence;
(3) audio-visual materials;
(4) the testimony of witnesses;
(5) the parties to the statement made by the Court;
(6) Identification of conclusions;
(7) (g) The examination transcripts.
1, the evidence must specify the source of evidence, the names and addresses of witnesses; documentary evidence should be submitted to the original, raw material evidence should be submitted; supplies to the original or indeed difficult, can submit a copy, photos, a copy of excerpts from this, but Original required by the courts and to check the no-objection after the annotated; submitted the instruments permits must be accompanied with a Chinese translation; submit audio-visual information must be true.
2, the parties should be specified in the people's court of proof for evidence submitted to the People's Court, the parties did not submit proof within the deadline, the burden of proof as to give up rights.
For the parties to submit evidence of overdue materials, not the people's court organizational Testimony at the trial, but the other party agreed with the exception of Testimony.
Parties to increase, change or claim to the counterclaim, the burden of proof should be made before the expiration of the period.
The parties within the deadline to submit evidence of proof material that is difficult, the burden of proof should be in the people's court deadline to apply for an extension of proof, the people's court permission, the burden of proof may be appropriately extended period. The parties to extend the deadline to submit proof of evidence there are still difficulties, they can again apply for extension, the people's court shall decide whether to allow.
By the parties of their claim is based on the facts or refute the other side claim is based on the fact that the responsibility to provide evidence to be proved. There is no evidence or insufficient evidence to prove the fact that the parties, have the burden of proof from the parties bear negative consequences.
3, the parties and their agents under the Supreme People's Court proceedings "on the evidence of certain provisions of Civil Procedure," the provisions of Article 17, for the people's court investigating and collecting evidence. Whether to authorize, by the people's court decision.
The parties and their agents for the people's court proceedings investigating and collecting evidence, should submit a written application. The application should contain the name of the person being investigated or the name, residence and other basic conditions, the collection of evidence to investigate the contents of people's courts need to investigate and collect evidence to prove that the reasons for the facts.
The parties and their agents for the people's court proceedings investigating and collecting evidence, not later than the expiration of the period before the burden of proof on the 7th.
4, the parties apply for witnesses to testify in court, the burden of proof should be on the 10th by the end of that period, and the people's court permission.
5, for the parties, people's courts can organize parties in the exchange of evidence before the trial.
The exchange of evidence by the parties time to consensus and approved by the People's Court, can also be designated by the People's Court. The people's court organizational parties exchange of evidence, exchange of evidence the burden of proof on the expiration of the period. Parties to apply for an extension of proof and allow the people's court, evidence exchange, the corresponding deferred.
6, the parties in the first trial procedures in the provision of new evidence, it should be in the first trial before the court or when the trial.
The burden of proof in the party after the expiration of the evidence provided does not belong to the Supreme People's Court "on a number of provisions of the Civil evidence" provided for in Article 41 of the "new evidence" of the people's courts against it.
7, how to reply »
The defendant received a copy of an indictment within 15 days from the date of the pleadings by, the contents of the pleadings, the complaint must be made for the facts and reasons and evidence started to seize the key to reply and refute, and to submit relevant evidence.
8, the Court of First Instance heard how the civil, civil and commercial matters, the IP cases »
1, should be admissible in the case of notices and respond to notices inform the relevant parties to the litigation rights and obligations;
2, the collegial panel members should be established within three days inform the parties;
3, carefully examine the material litigation, the defendant replied burden of proof, the full court considered the trial, the trial should determine the time;
4, decided to trial the case, the court should notify the parties on the 3rd;
5, a public hearing of the case, it should be held on the 3rd notice in the names of the parties, the cause of action and the court time and place;
6, in the course of the trial, the court will conduct investigations, court proceedings, such as the debate;
7, the end of the trial, the judgement should be made in accordance with the law. Pre-judgement to the mediation, can also carry out mediation, conciliation not, it should be timely decision.
9, the summons of the legal effect »
l, the Court of the parties and their legal representatives, the legal representative of the summons should be used to summon their presence.
2, and the plaintiffs have the right to request an independent third party and their legal representatives summoned by subpoena, refused to appear unjustified, or halfway Tuiting without the permission of the court, may be withdrawn treatment.
3, the defendant and the plaintiff must work together to litigation, without the right to request an independent third party and their legal representatives summoned by subpoena, refused to appear unjustified, or halfway Tuiting without the permission of the court, the absence of judgement.
10, and under what circumstances can apply for evading »
1, the judiciary is one of the following situations should be avoided on its own, the parties and their legal representatives have the right to ask them to avoid:
(L) is the case with the party or parties to have an immediate blood relations, within three generations of collateral blood and affinity;
(2) himself or herself or their close relatives and interested in this case;
(3) as a case of witnesses, experts, (g) The examination, counsel and litigation agents;
(4) and the proceedings in this case agents, defenders are husband and wife, parents, children or brothers and sisters in relations between the compatriots;
(5) I and between the parties in this case there are other stakeholders, may affect the impartial handling of cases.
2, the judiciary is one of the following cases, the parties and their legal representatives have the right to evade the requirements, but should provide relevant evidence:
(1) without approval, private meeting with one of the parties and their agents in this case, the counsel;
(2) the parties to the case recommended to introduce an agent, counsel, or for lawyers and other personnel handling the case;
(3) the parties to accept the case and the person entrusted property and other interests, or require the parties to the commission and its people reimbursable expenses;
(4) and accepted by the parties in this case the dinner, or pay the fees to participate in its activities;
(5) and commissioned by the parties to the case of borrowing, borrowing transport, communication tools or other items, or accept the commission and the parties in the purchase of goods, improvement of housing and other areas to the benefits of.
The trial over the alleged requirement is that our hospital staff president, vice president of the Trial Committee, the President, the Vice-President, the judiciary, assistant judge, the jurors, clerks, translators, judicial identification, (G) The examination of the officers avoided, in the light of trial personnel evade the implementation of the relevant content.
11, avoiding what are the system requirements »
l, where the trial proceedings in a case in trial work involved in the trial, the case shall not participate in the trial of other procedures;
2, judges and other court staff in the outgoing 2002, as an agent or counsel of the litigation, the people's court is not permitted;
3, the trial court officers and other staff retiring after 2002, serving as the original court proceedings in an agent or counsel, the other party that may affect a fair trial and to challenge the people's courts should support, not to allow our hospital The outgoing officers or agents of the litigation counsel. But as the parties are near relatives or guardians agents to defend the proceedings or otherwise.
4, the trial court officers and other staff of the spouse, children or parents, as the trial court officers and other staff of the court proceedings in an agent or counsel of the people's courts is not permitted.
Other provisions of the court over alleged that hospital staff are engaged in trial work outside all the staff.
12, and when to apply evade »
Parties to apply evasive, in the case should be heard before the start, and justified; avoided the subject in the case that after the trial began, the court can also put forward before the end of the debate.
13, and under what circumstances can be extended trial »
1, the parties must be present in court proceedings and other participants have legitimate reasons not present in court;
2, the parties avoided the provisional application;
3, need to be informed of new witnesses present in court, accessible new evidence, re-appraisal, (g) The examination or investigation of the need to be supplemented;
4, should be postponed in other circumstances.
14, a civil action to prevent what a mandatory requirement »
l, people's courts of the defendant must be present in court, summoned by the two summonses, unjustified refusal to present in court, can Juchuan;
2, the people's courts for violations of the rules of court and other people involved in litigation, can be admonished, and ordered to withdraw from the court or be fined, detained;
3, Hongnao People's Court, the impact of the court, insults, defamation, threats, assault trial, seriously disrupting the order of the court, shall be held criminally accountable, less serious, be fined, detained;
4, participated in the proceedings, or other people who have one of the following acts, the people's court may be under the circumstances severity of fines, detention, which constitute a crime, shall be held criminally accountable.
(1) forgery, destruction of important evidence and hinder the people's court hearing the case;
(2) the use of violence, threats, Huimai way to prevent witnesses or instructions, Hui Mai, the stress of perjury;
(3) hide, transfer, sale, damage has been quarantined, seizure of property, or have been counted and ordered to the custody of property, transfer of the property has been frozen;
(4) the judicial staff, participated in the proceedings, witnesses, translators, experts, (g) The examination, to help holders, insulting and slandering, framed, assault or retaliation;
(5) the use of violence, threats or other means impeding the administration of justice officers in the execution of their duties;
(6) refused to fulfil the people's courts have taken place legally binding rulings and verdicts.
15, the first-instance civil, civil and commercial matters, know-how for the processing of cases provided »
Court to hear the case of ordinary procedures, the file should be concluded within six months from the date, there are special circumstances need to be extended, approved by the president of our hospital can be extended by six months, also need to be extended, and report it to the people's court approval of their superiors.
1, the plaintiff is the case with a direct interest of citizens, legal persons and other organizations;
2, a clear, the defendants:
3, a specific claim and the facts, reasons;
4, a People's Court accepted the scope and subject to civil litigation against the people's court jurisdiction.
Second, the prosecution submitted materials which »
1, the plaintiff in addition to the original petition submitted to the People's Court, it should be the defendant and a third person to provide the number of copies of petitions:
2, with the plaintiff's complaint with the proceedings and requested that the relevant evidence to verify people's courts originals or copies of the same evidence;
3, the original, the defendant eligible to prove that the main proceedings. The plaintiff or the defendant is a legal entity, also submitted a recent inspection that the industrial and commercial material.
Third, the complaint should include what »
1, a party is a citizen, should remember that name, sex, age, nationality, occupation, work units and shelter, Zip code and telephone links; a party is a legal person, should be recorded that legal persons or other organizations of the name, residence and the legal representative Or primarily responsible for the name, title, contact telephone and PC;
2, and the claim was based on the facts and reasons;
3, evidence and sources of evidence, witness names and home;
4, the parties to the shelter inconsistent with the actual place of residence, it should be stated separately.
Fourth, the parties are entitled to right of action »
1, Representative Is Appointed;
2, the collection, provision of evidence;
3, for evading;
4, to give up, change and recognition to refute claim;
5, the debate;
6, filed counterclaims;
7, requested mediation;
8, to reconciliation;
9, in the courts within the provisions of the inspection, copying the case materials and legal instruments;
10, filed the appeal;
11, the application for enforcement.
5, the parties undertake obligations which the proceedings »
L, the exercise of right of action in accordance with the law;
2, comply with the order of proceedings;
3, on their own put the burden of proof in that period to provide evidence;
4, take the initiative to carry out a legal judgement, award, and the decision of the mediation;
5, cases handled in accordance with the regulations to pay the cost of litigation fees.
6, how to submit evidence »
1, the plaintiff should be to provide an effective prosecution evidence. There are seven types of evidence:
(1) of the permit;
(2) physical evidence;
(3) audio-visual materials;
(4) the testimony of witnesses;
(5) the parties to the statement made by the Court;
(6) Identification of conclusions;
(7) (g) The examination transcripts.
1, the evidence must specify the source of evidence, the names and addresses of witnesses; documentary evidence should be submitted to the original, raw material evidence should be submitted; supplies to the original or indeed difficult, can submit a copy, photos, a copy of excerpts from this, but Original required by the courts and to check the no-objection after the annotated; submitted the instruments permits must be accompanied with a Chinese translation; submit audio-visual information must be true.
2, the parties should be specified in the people's court of proof for evidence submitted to the People's Court, the parties did not submit proof within the deadline, the burden of proof as to give up rights.
For the parties to submit evidence of overdue materials, not the people's court organizational Testimony at the trial, but the other party agreed with the exception of Testimony.
Parties to increase, change or claim to the counterclaim, the burden of proof should be made before the expiration of the period.
The parties within the deadline to submit evidence of proof material that is difficult, the burden of proof should be in the people's court deadline to apply for an extension of proof, the people's court permission, the burden of proof may be appropriately extended period. The parties to extend the deadline to submit proof of evidence there are still difficulties, they can again apply for extension, the people's court shall decide whether to allow.
By the parties of their claim is based on the facts or refute the other side claim is based on the fact that the responsibility to provide evidence to be proved. There is no evidence or insufficient evidence to prove the fact that the parties, have the burden of proof from the parties bear negative consequences.
3, the parties and their agents under the Supreme People's Court proceedings "on the evidence of certain provisions of Civil Procedure," the provisions of Article 17, for the people's court investigating and collecting evidence. Whether to authorize, by the people's court decision.
The parties and their agents for the people's court proceedings investigating and collecting evidence, should submit a written application. The application should contain the name of the person being investigated or the name, residence and other basic conditions, the collection of evidence to investigate the contents of people's courts need to investigate and collect evidence to prove that the reasons for the facts.
The parties and their agents for the people's court proceedings investigating and collecting evidence, not later than the expiration of the period before the burden of proof on the 7th.
4, the parties apply for witnesses to testify in court, the burden of proof should be on the 10th by the end of that period, and the people's court permission.
5, for the parties, people's courts can organize parties in the exchange of evidence before the trial.
The exchange of evidence by the parties time to consensus and approved by the People's Court, can also be designated by the People's Court. The people's court organizational parties exchange of evidence, exchange of evidence the burden of proof on the expiration of the period. Parties to apply for an extension of proof and allow the people's court, evidence exchange, the corresponding deferred.
6, the parties in the first trial procedures in the provision of new evidence, it should be in the first trial before the court or when the trial.
The burden of proof in the party after the expiration of the evidence provided does not belong to the Supreme People's Court "on a number of provisions of the Civil evidence" provided for in Article 41 of the "new evidence" of the people's courts against it.
7, how to reply »
The defendant received a copy of an indictment within 15 days from the date of the pleadings by, the contents of the pleadings, the complaint must be made for the facts and reasons and evidence started to seize the key to reply and refute, and to submit relevant evidence.
8, the Court of First Instance heard how the civil, civil and commercial matters, the IP cases »
1, should be admissible in the case of notices and respond to notices inform the relevant parties to the litigation rights and obligations;
2, the collegial panel members should be established within three days inform the parties;
3, carefully examine the material litigation, the defendant replied burden of proof, the full court considered the trial, the trial should determine the time;
4, decided to trial the case, the court should notify the parties on the 3rd;
5, a public hearing of the case, it should be held on the 3rd notice in the names of the parties, the cause of action and the court time and place;
6, in the course of the trial, the court will conduct investigations, court proceedings, such as the debate;
7, the end of the trial, the judgement should be made in accordance with the law. Pre-judgement to the mediation, can also carry out mediation, conciliation not, it should be timely decision.
9, the summons of the legal effect »
l, the Court of the parties and their legal representatives, the legal representative of the summons should be used to summon their presence.
2, and the plaintiffs have the right to request an independent third party and their legal representatives summoned by subpoena, refused to appear unjustified, or halfway Tuiting without the permission of the court, may be withdrawn treatment.
3, the defendant and the plaintiff must work together to litigation, without the right to request an independent third party and their legal representatives summoned by subpoena, refused to appear unjustified, or halfway Tuiting without the permission of the court, the absence of judgement.
10, and under what circumstances can apply for evading »
1, the judiciary is one of the following situations should be avoided on its own, the parties and their legal representatives have the right to ask them to avoid:
(L) is the case with the party or parties to have an immediate blood relations, within three generations of collateral blood and affinity;
(2) himself or herself or their close relatives and interested in this case;
(3) as a case of witnesses, experts, (g) The examination, counsel and litigation agents;
(4) and the proceedings in this case agents, defenders are husband and wife, parents, children or brothers and sisters in relations between the compatriots;
(5) I and between the parties in this case there are other stakeholders, may affect the impartial handling of cases.
2, the judiciary is one of the following cases, the parties and their legal representatives have the right to evade the requirements, but should provide relevant evidence:
(1) without approval, private meeting with one of the parties and their agents in this case, the counsel;
(2) the parties to the case recommended to introduce an agent, counsel, or for lawyers and other personnel handling the case;
(3) the parties to accept the case and the person entrusted property and other interests, or require the parties to the commission and its people reimbursable expenses;
(4) and accepted by the parties in this case the dinner, or pay the fees to participate in its activities;
(5) and commissioned by the parties to the case of borrowing, borrowing transport, communication tools or other items, or accept the commission and the parties in the purchase of goods, improvement of housing and other areas to the benefits of.
The trial over the alleged requirement is that our hospital staff president, vice president of the Trial Committee, the President, the Vice-President, the judiciary, assistant judge, the jurors, clerks, translators, judicial identification, (G) The examination of the officers avoided, in the light of trial personnel evade the implementation of the relevant content.
11, avoiding what are the system requirements »
l, where the trial proceedings in a case in trial work involved in the trial, the case shall not participate in the trial of other procedures;
2, judges and other court staff in the outgoing 2002, as an agent or counsel of the litigation, the people's court is not permitted;
3, the trial court officers and other staff retiring after 2002, serving as the original court proceedings in an agent or counsel, the other party that may affect a fair trial and to challenge the people's courts should support, not to allow our hospital The outgoing officers or agents of the litigation counsel. But as the parties are near relatives or guardians agents to defend the proceedings or otherwise.
4, the trial court officers and other staff of the spouse, children or parents, as the trial court officers and other staff of the court proceedings in an agent or counsel of the people's courts is not permitted.
Other provisions of the court over alleged that hospital staff are engaged in trial work outside all the staff.
12, and when to apply evade »
Parties to apply evasive, in the case should be heard before the start, and justified; avoided the subject in the case that after the trial began, the court can also put forward before the end of the debate.
13, and under what circumstances can be extended trial »
1, the parties must be present in court proceedings and other participants have legitimate reasons not present in court;
2, the parties avoided the provisional application;
3, need to be informed of new witnesses present in court, accessible new evidence, re-appraisal, (g) The examination or investigation of the need to be supplemented;
4, should be postponed in other circumstances.
14, a civil action to prevent what a mandatory requirement »
l, people's courts of the defendant must be present in court, summoned by the two summonses, unjustified refusal to present in court, can Juchuan;
2, the people's courts for violations of the rules of court and other people involved in litigation, can be admonished, and ordered to withdraw from the court or be fined, detained;
3, Hongnao People's Court, the impact of the court, insults, defamation, threats, assault trial, seriously disrupting the order of the court, shall be held criminally accountable, less serious, be fined, detained;
4, participated in the proceedings, or other people who have one of the following acts, the people's court may be under the circumstances severity of fines, detention, which constitute a crime, shall be held criminally accountable.
(1) forgery, destruction of important evidence and hinder the people's court hearing the case;
(2) the use of violence, threats, Huimai way to prevent witnesses or instructions, Hui Mai, the stress of perjury;
(3) hide, transfer, sale, damage has been quarantined, seizure of property, or have been counted and ordered to the custody of property, transfer of the property has been frozen;
(4) the judicial staff, participated in the proceedings, witnesses, translators, experts, (g) The examination, to help holders, insulting and slandering, framed, assault or retaliation;
(5) the use of violence, threats or other means impeding the administration of justice officers in the execution of their duties;
(6) refused to fulfil the people's courts have taken place legally binding rulings and verdicts.
15, the first-instance civil, civil and commercial matters, know-how for the processing of cases provided »
Court to hear the case of ordinary procedures, the file should be concluded within six months from the date, there are special circumstances need to be extended, approved by the president of our hospital can be extended by six months, also need to be extended, and report it to the people's court approval of their superiors.
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