The ordinary procedure of first instance

(a) the prosecution condition

1The specific requirements:

(1) the plaintiff must be a citizen, legal person and other organization that has a direct interest in the case;

(2There are definite defendant).

(3) have specific claims, facts, reasons;

(4The scope of accepting) belong to the people's Court of civil litigation and be subject to the jurisdiction of the people's Court of appeal.

2Treatment methods: not accepting the case.; accepted.

Shall not accept the case processing has not yet accepted is the prosecution dismissed; while handling the case after the acceptance of the application.

Two.Withdrawal

1The withdrawal of the subject

The withdrawal is the main body of the plaintiff. The withdrawal of the plaintiff "v." refers to the plaintiff.

The plaintiff's legal representativeDo not need specialDon't authorized to withdraw, but attorney withdrawalMust beSpecial authorization.

2Applies for withdrawal of the test sites

(1) withdrawal time: after the case is accepted, before the judgment is pronounced.

(2) the people's court shall decide whether to grant.

3As the withdrawal of the condition

(1Without paying the fee for accepting the case).

(2) after the subpoena justification not to appear in court or without the permission of the court adjourned.

4The second instance may withdraw the appeal.

(ThreeJudgment by default)

(1Default judgment against the plaintiff):

The defendantThe counterclaimWhen the plaintiff, having been served with a summons, refuses to appear in court, or midway without permission by the court court.

The plaintiff applies for the withdrawal of the suit, the people's court decides not to approve the withdrawal of the plaintiff, having been served with a summons, refuses to appear in court without justified reasons.

(2A default judgment against the defendant):

The defendant (not required to appear in court) after the subpoena, refuses to appear in court, or midway without permission by the court court.

Without capacity for civil conduct the defendant (not required to appear in court) legal agent, having been served with a summons, refuses to appear in court without justified reasons.

(3The judgment by default) only three:

The third party without independent claim by the people's court summons, refuses to appear in court without proper reason, or midway without permission by the court court,Does not affect theThe trial of the case.

(FourThe trial block)

1Adjourn the case:

(1) must be present in court of the parties and other participants in the proceedings in court without proper reasons;

(2The parties apply for withdrawal of the temporary);

(3) need to summon new witnesses, collect new evidence, re identification, examination, or supplementary investigation;

(4Other circumstances should delay).

2Suspension of litigation cases:

(1) one party dies, need to wait for the heir to indicate whether to participate in the proceedings (2) one of the parties has lost the capacity for action, has not yet been determined (legal representative3One of the parties) as the legal person or other organization is terminated, has not yet been determined the successor to its rights and obligations (4) a party for irresistible reasons, can not take part in the proceedings (5In this case) must be based on the results of another case as the basis, and another case had not been closed (6Other circumstances shall suspend the litigation).

3Termination of litigation cases:

(1The plaintiff dies), no heir, or the heir waives the right to litigate (2The defendant dies, no heritage), no person to undertake the obligation (3) one party dies (divorce cases4) recourse alimony, maintenance, upbringing and terminate the adoptive relationship of one of the parties in a case of death.

4Applicable instruments

(1Deferred trial): decision.

(2Suspension of litigation and litigation end):The ruling.

 

Summary procedure

(a) the scope of application of summary procedure

1For the court and the trial level

(1The basic people's court and sent the court). (2The first instance).

2Applicable scope of cases

(1) facts are clear, the rights and obligations clear, less controversial simple civil cases.

(2) shall not apply to cases in which summary procedure:

The prosecution of the defendant One's whereabouts is a mystery. cases;

② remand and retrial of the case in accordance with the procedure for trial supervision;

The joint action of one party or both partiesThe large number ofThe;

The law shall be applicable to special procedures, supervision procedure, the procedure of public summons and bankrupt procedure.

(two) characteristics of the summary procedure

1A: (simple ways1) can take a message, telephone, fax, e-mail and other simple methods to summon at any time.

(2To send a message) hearing notice, telephone, fax, e-mail and other forms, without party to confirm or any other evidence that the parties have received, the court may not be as withdrawing treatment and the default judgment according to the.

2The trial organization is simple: judge1Single judge.

3The procedure is simple:

(1The burden of proof in court) may have difficulties of proof; burden of proof, the duration of the decision by the parties concerned, but no longer than fifteen days; the consultation fails, the people's court.

(2) summary procedure applies to the trial of civil cases, the parties and their legal representatives may apply to the people's court to investigate and collect evidence and application of witnesses to testify in court, should put in evidence before the expiration of the time limit, the application shall not be subject to "rules of evidence" the first paragraph of article nineteenth, the first paragraph of article fifty-fourth limits. "Regulations" article summary procedure12Article

4Time is very short:3Months to settle, and shall not be extended.

5Attention: six. Mediation of court cases mediation should be first.

(three) conversion of simple procedure and general procedure

1The simple procedure to ordinary procedure:

(1) conversion conditions: in the trial process, we found that the case is complex, need to an ordinary procedure.

(2Find the way):

The parties will apply summary procedure objection, the people's court upholds objection;

The people's court found in the trial of the summary procedure is not appropriate for.

(3Time limit: from the calculation)The date of initiationCalculation, rather than from the program transformation calculation.

2Ordinary procedures of summary procedure:

(1) principle: have heard according to the general procedure of the case, the situation changes regardless of whether they are in the trial process, may use the simple procedure of hearing.

(2) conversion condition: the grassroots people's courts apply the ordinary procedure of first instance trial of civil cases, the partiesThe parties voluntarily chooseApplication of summary procedure, the people's courtExamination and approval, may apply summary procedure for trial.

 

Procedure of second instance

(a)Can appeal

(1Verdict:) principle can appeal; but the special procedure and the procedure of public summons for decisions cannot be appealed.

(2) ruled: inadmissible, dismissed the prosecution, jurisdiction objection, to reject the application for bankruptcy ruling may be appealed.

(3Mediation can't appeal).

The appeal period

(1Sentence.15Japan (2Rule.10Day.

Two.Program requirements

(1) can only appeal to the court of first instance of a higher court.

(2) must submit a petition. The verbal expressions of appeal, but not within the statutory period of appeal petition, asNot appeal.

Three.The second trial

(1Principle: only) to review the appeal of the relevant facts and the application of the law.

(2Exception: the original judgment) violates the legal provisions, the interests of the social and public interests or the others. "The provisions of the civil trial way reform economy"Article35Article

Four.The second instance trial　

(1) principle,The trial.

(2The following case)May make a judgment, ruling: a trial shall not be accepted, rejected the prosecution and the jurisdiction objection ruled the case; if the appeal is obviously untenable cases; ③ the judge finds that the facts are clear, but the erroneous application of the law of the case; the original judgment in violation of legal procedures, may affect the correct adjudication, need to remand a case.

Five.The appeal of verdict

1For judgment

The judgment	Dismiss the appeal decision, upheld the original verdict	The original facts are clear, the correct application of law.
The judgment shall be amended according to	(1) the original judgment error in the application of the law
(2) the original judgment error of fact, or that the facts are not clear, the lack of evidence
Rescind the original judgment, back to the trial court for a retrial	(1) the original judgment error of fact, or that the facts are not clear, the lack of evidence
(2) the original judgment in violation of legal procedures, may affect the correct adjudication: "opinion" article181Article The trial judge, the court clerk shall avoid but not inevitable; ② without trial and judgement; The application of the common procedure of the case has not been served with a summons and default judgement; The other serious violation of legal procedure.
If the mediation fails, ruled that remand	Have proposed a trial litigation request, the people's court without trial, judgment. ② must participate in the proceedings did not participate in the action in the first instance. A trial of second instance shall not divorce, that divorce, and child support, property issues together_______________.
Rescind the original judgment, the prosecution dismissed	The case according to law by the people's court not

2The ruling of the ruling

If the verdict	All orders	A case on appeal the court of the first instance ruling
To cancel the original ruling at the same time	Instruction of first instance in the people's court accepted	Inadmissible decision ruled that there was a mistake
Instruction of first instance in the people's court	Court ruled that there was a mistake

 

The retrial procedure

 

(a) the referee instruments can be a retrial

1Verdict: the special procedure. And the procedure of public summons for judgment is not applicable to the retrial procedure.

2Verdict: there is no limit.

3Mediation: can a retrial. "Explain" the trial supervision30Article

(two) the people's court starting retrial

1The people's courts at all levels. Dean: submitted to the judicial committee for discussion and decision. 　

2. the superior people's court and the Supreme People's Court: the right to examine or order an inferior people's court for retrial.

(ThreeThe party applying retrial)

1Shall apply for a retrial of the content:

(1) the parties in a legally effective judgment for dissolution of marriage,The parties shall notThe application for retrial. "Civil" article181Article

(2) parties on the division of property in divorce cases for retrial, such as relates to segmentation in the judgment of the property, to initiate proceedings; as for treatment of the joint property of husband and wife is not the judgment, shall inform the parties be prosecuted.

(3) according to procedure, the procedure of public summons, bankrupt procedure to try a case.

(4In accordance with the procedure for trial supervision)Upheld the trialIn the case, the parties shall apply for a retrial.

2Time: time: "civil" article184The (Revised)

(1) usually:2Years.Not applicableSuspension, suspension and extension of the provisions. "Explain" the trial supervision2Article

(2Exception: ①)2Years later, according to legal instruments to make the original decision, ruling is revoked or changed, and found that the judges who take bribes, in the trial of the case law play favouritism and commit irregularities, referee, the self knows or ought to know the date3The months.

3The court "of" the civil action retrial case181The (Revised)

(1The application of a party concerned) ruling retrial cases tried by a people's court above the intermediate people's court.

(2) the Supreme People's court, the Supreme People's court ruling retrial cases, by the court for retrial or make other people's court for retrial, the people's Court of retrial can also cross.

Court	Situation	The application for retrial court	Retrial cases under the jurisdiction of the court
The basic people's court	As the court of first instance decisions taken by the parties after the entry into force because of no appeal	Application to the intermediate people's court at the domicile	The intermediate people's court
The intermediate people's court	(1As the court of first instance) the decisions made by the no appeal after the entry into force; (2The court of second instance) as the referee made	Apply to the higher people's court is located	(1The higher people's court) (2Other court trial court at the same level) (3The intermediate court)
The higher people's court	(1As the court of first instance) the decisions made by the no appeal after the entry into force; (2The court of second instance) as the referee made	An application to the Supreme People's court	(1Supreme People's court (2Other court trial court at the same level) (3The high court)

Four.People's Procuratorate launched retrial

1At the retrial retrial: consistent with the application of the parties concerned

2Subject and methods

(1) the Supreme People's Procuratorate of the people's courts at all levels have a legally effective judgment, ruling, the people's Procuratorate at a higher level to the lower level people's court a legally effective judgment, ruling, that mistakes are found in it shall lodge a protest.

(2The local people's procuratorates at all levels) to the people's court at the same level of a legally effective judgment, ruling, found the wrong people's Procuratorate for a protest to the people's court at the same level.

Conclusion: the high level resistance to, otherCan'tThe anti

(five) proceedings

1Shall form a new collegial panel. "Civil" article186Article

2Retrial procedure applicable.

The specific circumstances	Application procedure	The verdict, ruling could appeal
The refereeIs the court of first instance for the	The first trial procedure	Can appeal
The refereeIsTwoAs the trial court	TwoTrial procedure	No appeal
The higher court

Note: the lower court's decision to the intermediate people's Court of retrial procedure of second instance court for trial.

3Whether a county court of retrial

The court for retrial	If the parties apply forRetrial	Procuratorate retrial
Can the county court retrial, including: (1County Court to retrial) (2The Supreme People's court order) County Court of retrial	Not the county court	Can the county court retrial, conditions: The evidence for protest, if the trial court is a county court, county court to retrial

(six) the retrial of mediation and Adjudication

1.In accordance with theThe firstThe trialIf a case for retrial procedure: first the plaintiff to apply for theWithdrawal of prosecution, to the people's court. Ruling permitted, it shall at the same timeRescindThe original judgment, ruling, mediation. "Explain" the trial supervision35Article

2.In accordance with the procedure of second instance of the retrial: "opinion" article210,211The "explanation" the trial supervision37,38Article

Processing mode	According to the situation
Rescind a, appellate court,The prosecution dismissed	Not in conformity with the provisions of the Civil Procedure LawThe conditions for acceptance
Rescind a, appellate court,Back to the trial court for a retrial.	"Opinion" the civil litigation has181The provisions ofViolation of legal proceduresThe case, may affect the correct judgment, ruling The trial judge, the court clerk shall avoid but not inevitable; ② without trial and judgement; the application of the ordinary procedure case has not been served with a summons and judgment by default; the other serious violation of legal procedure.
It can be adjusted according to the voluntary principle, the mediation fails, the rule to cancel, appellate court, back to the trial court for a retrial.	The original, appellate courtThe parties shall be omittedThe
① shall revise the judgment after ascertaining the facts. In the people's court to ascertain the facts, to resolve disputes, it may rescind the original judgment, the remand	The original judgment error of fact or that the facts are not clear