In 2012 the Civil Procedure Law

"Kill the law"

(source: Division 001   Author: Scott Wang Wanxi) starting procedure

(the so-called kill law, also known as zero and the law, you can't eliminate them, they are your waterloo. A total of50A, can be divided into three parts)

 

Article ninthThe people's court shall carry out mediation, on a voluntary and lawful basis; if conciliation is unsuccessful, a judgment shall be made without delay.
[teacher] to confirm the effectiveness of marriage a reminder not mediation cases.

 

Article fourteenthThe people's Procuratorate has the right to exercise legal supervision over the civil trial activities.
[teacher] in litigation activities seat to remind the parties do not apply this principle.

 

Article nineteenthThe intermediate people's courts shall have jurisdiction over the following civil cases of first instance:
(a) major cases involving foreign element;
(two) to have a major impact on the areas under their jurisdiction cases;
(three) determined by the Supreme People's court jurisdiction of the intermediate people's court case.
[teacher] a reminder foreign-related cases must be important, only by the intermediate people's Court of first instance.

 

Article twenty-fifthThe parties to a contract may specify in writing the contract choice at the domicile of the defendant, the contract jurisdiction, the contract is signed, the plaintiff's domicile, the subject matter of the local people's court, but not in violation of the provisions of this Law regarding jurisdiction by level and exclusive jurisdiction.
[teacher] a reminder of jurisdiction by agreement conditions: contract disputes; written form;5Selected1The level and exclusive jurisdiction shall not be violated.

 

Article twenty-eighthRailway, highway, filed due to water, air transport and combined transport contract dispute shall be under the jurisdiction of the litigation, transport origin, destination or the people's court at the domicile of the defendant.

[teacher] in a car seat to remind passengers, how to judge the origin problem: ambiguous origin judgment. But the case should be based on the passengers on the bus location but not to coach the originating station is the location of origin.

 

Article thirty-eighthThe people's court has accepted the case, the party has objection to the jurisdiction shall, during the period for submitting briefs. The people's court shall review. Objection, order to transfer the case to the people's court jurisdiction; if not, the court rejected.
[teacher] jurisdiction and enforcement of seat to remind the jurisdiction objection comparison trial

	Application stage	This time	Court	Rights of way
Objection to jurisdiction	Trial	During the submission of defence	1Objection, order to transfer the case to a court of competent jurisdiction 2If the objection is not established, the court rejected	To the court for a review
The execution objection to jurisdiction	Execution	From the date of receiving the notice of execution10Days	1Objection, it shall revoke the case to inform the parties to the jurisdiction of the court. 2If the objection is not established, the court rejected	May apply to the people's court at the next higher level for reconsideration

Article forty-firstPeople's courts in the trial of civil cases of second instance, by a collegial panel of judges. Numbers of members of a collegial bench shall be.

The remand of the case, the people's court according to the procedure of first instance shall form a new collegial panel.

 

If a case for retrial, the original is the first trial, in accordance with the procedure of first instance shall form a collegial panel; the second instance or tried in a people's court at a higher level, in accordance with the procedure of second instance shall form a collegial panel.

[teacher] a reminder jurors only in the ordinary procedure of first instance trial, and can not participate in the second instance trial.

　

Article forty-thirdDeliberation of the collegiate bench, to implement the principle of majority rule. Minutes of the deliberation shall be made by the members of the collegial panel, signature. Dissenting opinions in the deliberations shall be truthfully recorded in the transcript.

[teacher] a reminder of the minority is subordinate to the majority, signature and non signature, different opinions, recorded in the transcript.

 

Article forty-sixthThe parties to apply for withdrawal, it shall explain the reasons, put forward at the beginning of the proceedings; avoid the hearing commences, may also be submitted before the end of court debate.
The challenged personnel decision on withdrawal by the people's court, shall suspend the service in the case, but the case except the need for urgent action.

[teacher] a reminder to apply for withdrawal time: the beginning of the proceedings before the conclusion of the court debate --

Application for withdrawal effect: applicants should be suspended, except in the trial of the case to take emergency measures.

Article forty-seventhAvoidance of serving as presiding judge, be decided by the judicial committee; the withdrawal of judicial personnel, be decided by the president; the withdrawal of other personnel shall be decided by the chief judge.

[teacher] a reminder of the withdrawal of other personnel shall be decided by the chief judge in the civil action, is decided by the president in criminal litigation.

Article fifty-eighthThe parties, legal representative may entrust one or two persons to represent them in the action. The lawyer, close relative of the party, persons recommended by social organizations or the units where the people, by the people's Court of other citizens, may be entrusted as an agent ad litem.

[teacher] a reminder non party entrusts a lawyer to have two: one is the principal legal agent; two is commissioned by the legal representative of the enterprise. They entrusted agent is the agent.2007Year volume three73QuestionsDItem: "agent agent has the capacity to engage in litigation parties", this sentence error. If the statutory agent entrusted agent by agent is non litigation capacity of the people.

 

　Article fifty-ninthEntrust others to action, must submit a signed or sealed by the principal's power of attorney to the people's court.

A power of attorney must specify the matters and authority. Litigation agent to admit, waive or modify claims, reconciliation, to file a counterclaim or an appeal, he must have the special authorization of.

Citizens of the people's Republic of China residing abroad from foreign mailed or delivered by a power of attorney, must be approved by the people's Republic of China stationed in the country's embassies and consulates proof; no embassies and consulates, the diplomatic relations with the PRC's third country in the country's embassies and consulates proof, and then delivered to the Chinese people's Republic of China in the third country to the consulate to prove, or certified by a patriotic overseas Chinese organization.
[teacher] a reminder1The authorization while there is no clear "mediation" need special authorization, but once the mediation, necessarily involves the recognition, waive or modify claims, so the agent to carry out mediation must be specially authorized.

2Living in foreign Chinese attorney to handle formalities: "a museum two to three proof"
　

Article sixty-secondA divorce case has a litigation representative, except those incapable of expressing themselves, still should be in court; it can not appear in court because of special circumstances, should submit written opinions to the people's court.

[teacher] a reminder divorce cases even commissioned agent, I also should appear in court. Special circumstances, to submit a marriage relationship advice.

 

Article sixty-eighthDocumentary evidence shall be submitted to the original. The evidence shall be submitted to the original. To present the original document or where there is indeed difficult, can submit copy, photos, copies, extracts of the.

Documentary evidence in foreign languages, must be accompanied by Chinese versions.
[teacher] may submit the copy of a reminder, but didn't say can submit a copy of "". Chinese versions, must Chinese translation qualification issued by the company Chinese versions.

 

Article seventiethUnits and individuals who have knowledge of the circumstances of the case, have the obligation to testify in court. Responsible heads of the relevant units shall support the witness. Witness not appearing in court, the people's court, submit a written testimony.

Not the correct expression of the will of the people, can't testify.

[teacher] a unit can be a witness to remind, this is strange. The only condition of witness testimony is can correctly express the will, no inevitable relation with age. The witness is not applicable to avoid
　

Article seventy-fourthThe evidence may be destroyed or lost or difficult to obtain later, the participants in the proceedings may apply to the people's court for evidence preservation, the people's court may also take security measures on its own initiative.
[teacher] was the seat reminded not to write, but many students make mistakes. Only the evidence preservation proceedings in the provisions of the civil procedure law. "Rules of evidence" clear evidence preservation before the expiration of the time limit shall be in the burden of proof7Day. There is a special kind of evidence preservation -- evidence preservation before litigation, it can only be in the copyright and trademark dispute cases, the general civil cases without this system.

 

Article eighty-ninthConciliation agreement, the people's court shall make a mediation book. The conciliation statement shall specify the claim, the facts of the case and the results of the mediation.

Be signed by the judge and the recording clerk, sealed by the people's court, and served on both parties. Mediation by the parties shall sign, which have the force of law.
  [teacher] seat to remind the agreement reached through mediation, conciliation statement "shall". Mediation book just judge and the recording clerk, with official seals can be, does not require the parties signed. The mediation agreement only parties sign, most do not need to sign the judges, clerks. The two sides agreed to sign the agreement on the entry into force of the judges, clerks, signature after effect.

　

Article ninetiethThe following case mediation agreement, the people's court may not make a mediation book:

(a) and mediation of divorce cases;

(two) adoption cases settled through mediation;
　　   (three) can immediately perform case;
　　   (four) other cases that do not require conciliation statements.
Does not require a mediation agreement protocol, shall be recorded in writing, signed by both parties, the judges, the clerk or sealed, it has a legal effect.
[teacher] this article points a reminder:

1The legal situation is not a conciliation statement

2Note: in the follow-up treatment record, signature parties, judges, clerks or seal, have equal legal effect.

Article ninety-fifthIs the applicant to provide a guarantee, the people's court shall cancel the property preservation.

[teacher] as long as a reminder of the applicant to provide a guarantee, we "should" lift the custody of property

 

Article ninety-ninthThe parties to the property preservation or execution if dissatisfied with the decision, may apply for reconsideration once. Order shall not be suspended during the period of reconsideration execution.

[teacher] a reminder attention refuses to accept the property preservation and advance execution order, is to the original court for reconsideration once.

 

 

In 2013, Changsha judicial examination training

A new starting point for training flights

Http://blog.sina.com.cn/s/articlelist_2648874862_2_1.html

The newThe starting point of Hunan campus of Scott

Address: Yuelu District City, the College of Hunan Normal University Changsha 128 Office (Chinese police reserve officer training base)

Tel: 0731-86451234 / 18974940521 QQ:1123746769

WebsiteHTTP://hn.newstart.com.cn/

Blog:Http://blog.sina.com.cn/xqd073186451234