The purpose of teaching: through the study of this chapter, to enable students to understand the basic content of civil litigation, administrative litigation, criminal litigation law system, the correct understanding of procedural law aim and basic principles, set up in accordance with legal procedures to safeguard their legitimate rights ideas.

Teaching emphasis:

1 the concept, procedure and basic principles;

The concept and characteristics of 2, evidence;

3, civil proceedings;

In 4, administrative litigation

5, criminal procedure;

6, judicial assistance.

Teaching method:Teaching method, teaching method, trial method.

Teaching hours: 6 class hour.

The first section Litigation overview

The concept, procedure and basic principles

1, procedural law meaning

Procedural law or procedural law, is formulated by the state judicial organs in which the parties and other participants in the proceedings of legal norms under activities must abide by.

Legal procedure law refers to the broad and narrow senses: procedural law in a narrow sense, refers to a country the current procedure law; litigation law in broad sense, refers to all a national procedural law, not only includes a current national procedural laws, including the specification of the action of various specific rules of procedure and other legal documents.

2, procedural meaning

Litigation is that the state judicial organs in the parties and other participants in the proceedings of the special activities, in accordance with the statutory procedures for handling the case.

Action: different type nature of the litigation on the basis of the solution of the problem, can be divided into: criminal litigation, civil litigation and administrative litigation three.

Two, the evidence

(a) the concept and characteristics of litigation evidence

Litigation evidence, can all facts that prove the true circumstances of the case in the proceedings. Because of the different nature of evidence in litigation cases, divided into criminal evidence, evidence of civil litigation and administrative litigation evidence three. The basic characteristics of litigation evidence is:

1, objectivity

Objectivity, that there is objective evidence, objective fact that does not depend on people's subjective will and independent existence. All the evidence must be verified before it can be taken as a basis;

2, correlation

Correlation, also called relevance, testify according to must have the inherent, inevitable connection with the case. Only with the facts of a case are intrinsically linked to the objective facts can be used as evidence.

3, legitimacy

Legitimacy, that it must comply with the law form, and in accordance with legal procedures to collect, provide and use.

(two) common evidence in the proceedings

1, evidence

Evidence is to prove that all objects and traces of the truth of the case. The evidence is there to goods, appearance, quality, specifications, features and other external features, material property or status to play that role, on the evidence collection should be carried out according to law, and shall note shall be properly kept and judgement.

2, documentary evidence

Documentary evidence refers to the ideological content to text, symbols, pictures and other written material expression to prove the true circumstances of a case or other material. Documentary evidence is generally reflect people's subjective will, so the documentary evidence should review its true judgment.

3, the testimony of a witness

The testimony of a witness is a witness to his understanding of the facts of the case to the public security and judicial organs have made statements. The witness must be a natural person can distinguish between right and wrong and correct expression is truthful statement of the case, his understanding of the objective facts have made, intentionally giving false testimony or conceal evidence, legal responsibility.

4, audio-visual materials

Audio visual information refers to the information that the truth of the case data recording, video, computer or other high-tech equipment stores. The audio-visual material has the authenticity and accuracy of strong, can avoid some of the drawbacks of other evidence, but also easy to be forged, therefore, the people's court shall verify the authenticity of audio-visual materials, and other evidence in the case, ascertaining the facts according to the.

5, the statements of the parties concerned

Statements of the parties, civil or administrative litigation about the facts of a case to the people's court for the. In criminal proceedings, equivalent to the statement is the statement of the victim and the crime suspect, the defendant's confession and exculpation. Such evidence contributes to the judicial personnel understand the facts of the case, to find the truth of the case, but also should pay attention to combine with other evidence, comprehensive analysis, confirm each other, eliminate contradictions, to determine the authenticity of the evidence.

6, the appraisal conclusion

Appraisal conclusion is that identification of people by public security, judicial organs appointed or engaged, on specific problems in litigation cases were identified after the conclusion of a written.

(three) the burden of proof and evidence collection

1, the burden of proof

The burden of proof includes two aspects: ① the judiciary or the parties shall provide evidence to prove the facts of the case that the confirmed or own; ② otherwise, legal consequences will likely take losing.

The burden of proof to prove who solve problems, in three different kinds of litigation in our country.

(1) the burden of proof in civil procedure

In civil proceedings, execute "who advocates, who proof", the parties to submit their ideas, have the responsibility to provide evidence. The parties and their agents ad litem due to objective reasons not to collect evidence, or the people's court that the evidence necessary for the trial of the case, the people's court shall investigate and collect. If the parties could not give useful evidence to prove their claims, the people's court has not collected relevant evidence, the parties shall bear the legal consequences of losing.

(2) the burden of proof in administrative litigation

In administrative proceedings, the defendant shall bear the burden of proof, shall provide the normative documents of the specific administrative act of the evidence and the basis of legitimacy, to prove that the specific administrative acts made by themselves, the people's court shall have the authority to request the parties to provide or supplement evidence, the plaintiff has the right to offer evidence to prove his allegation, but the burden of proving the main by the specific administrative acts of the defendant Fang Chengdan.

(3) the burden of proof in Criminal Litigation

The public prosecution proof.

In the criminal prosecution, private prosecution by the prosecutor bear the burden of proof, the people's court can investigate and collect the necessary evidence; the burden of proof by the party as the public prosecution case, the defendant does not provide evidence to prove his guilt or innocence responsibility.

2, to collect evidence

Collection of evidence refers to the judicial personnel in order to find out the facts of the case and in accordance with legal procedures and methods of investigation, found, and that made all the facts of the case all the information and materials proceedings.

Collection of evidence is the law entrusts with the judiciary authority, subjects such as collecting evidence is the judicial organs. As the criminal litigation evidence mainly by the public security, judicial personnel to collect. The civil action and the administrative proceedings is underscored by the parties and their legal representatives on the burden of proof, but this is only to provide evidence, rather than to collect evidence, the main collection of evidence is the people's court.

Evidence collection is an important litigation activities, to ensure the quality of it smoothly and collection of evidence, that the correct, timely processing of cases to provide reliable evidence. Collect evidence must meet some basic requirements.

(four) the preservation of evidence

1The concept, the preservation of evidence

The preservation of evidence refers to the civil litigation or administrative proceedings, the people's court may be lost or difficult to obtain later on evidence, according to the participants in the proceedings request or in accordance with the authority to take measures to save the system.

2Preservation of evidence, must meet two conditions

One is the possibility of loss of the objective evidence. For example, to understand the people because of old age, illness may have died, if not promptly asked, will not be able to obtain the testimony; with a proven role items will be metamorphic, decay or disappear, encountered such a situation, only to take preservation measures, safekeeping, to protect its certificate power.

Two is difficult to obtain evidence later. This means that if we do not take immediate measures to extract evidence, after is hard to collect. As long as compliance with the above conditions, the participants in the proceedings propose for evidence preservation, the people's court shall order granting, or take the initiative to take preservation measures.

Again, the evidence preservation method includes notes on the "witness" or to be audio, video; on the evidence can drawings, photos or video, can also be extracted from the original; the documentary, photo, copy. No matter what method, should meet the objective, reflect the state of the evidence, proof of the facts of the case to.

Three, the specialized agencies in litigation

(a) the people's court

1, the people's court duties

The people's court is the judicial organs of the state, on behalf of the state to exercise jurisdiction of the judicial organs, through the trial of various cases, the punishment of crimes, protect the people's interests, guarantee of socialist construction cause.

2,The organization of people's courts system

Our people's court by the Supreme People's court, the local people's courts at various levels and of the special people's courts. The local people's courts at all levels by a higher people's court, the intermediate people's court and the basic level people's court. The special people's courts by the military courts and other special courts.

(two) the people's Procuratorate

1, the people's Procuratorate duties

The people's Procuratorate is the legal supervision organ, it represents the national exercise procuratorial authority or power of legal supervision. Its basic function is the procuratorial power state, safeguard the uniformity and dignity of the socialist legal system. It represents the state of cases directly accepted by exercising the right to exercise the right of investigation; prosecution of a case of public prosecution; legal of criminal litigation, civil litigation, administrative litigation activities whether to exercise the power of legal supervision. At the same time, it also exercise the powers of examination and approval of arrest.

2, the people's Procuratorate organization system

The people's Procuratorate in China by the Supreme People's Procuratorate, local people's procuratorates at different levels and of the special people's procuratorates. The local people's procuratorates at all levels of the provincial people's Procuratorate, the provincial people's Procuratorate and the basic level people's Procuratorate. The special people's procuratorates by military procuratorates and other special people's Procuratorate.

(three) the public security organs (Security)

1, the responsibility of the public security organs

The public security organ is national security, defend the authority, is the national criminal investigation department, for national and social public security duties.

2, the public security organ system

Public security organs as part of national administrative organ, the organization system is: the State Council set up the Ministry of public security, leadership, organization and management of public security work throughout the country; the provinces, autonomous regions, municipalities directly under the central government, set up public security department (bureau); regional, provincial City, autonomous prefecture set up public security department (bureau); County, county-level city. The Public Security Bureau and the municipal public security bureau. The army, railway, civil aviation and other system established in accordance with industry system security and public security departments, is part of the public security organs. The police station is the agency of the grass-roots public security organs.

Between the upper and lower layer of public security organs is leadership, public security organ at a higher level may directly leadership and command of the public security organs of the lower case investigation, the public security organs in different areas and the implementation of the system cooperate with each other, principles of collaborative case.

The state security organs in accordance with the law, the espionage case investigation of endangering national security, public security organs to exercise the same powers. Security forces in the General Political Department security department and large unit Political Department security department.

The third section The Civil Procedure Law

A,            The concept, tasks and principles of Civil Procedure Law

(a) the concept of Civil Procedure Law

The civil procedure law, refers to the judicial authorities in the general civil litigants and other participants in the proceedings under the law in civil activities must be in compliance with the.

The main form of the Civil Procedure Law of the PRC Civil Procedure Law passed in April 9, 1991 seventh session of the National People's Congress Fourth Conference "".

(two) the tasks of civil procedural law

The civil procedure is under the auspices of the court and litigants are participating, property, personal issues such as lawsuit.

(three) a unique principle of the Civil Procedure Law

 (1) the principle of equal litigious rights

This refers to the parties in civil litigation shall have equal rights, the people's courts, shall guarantee and facilitate the exercise of litigation rights.

Specifically: the original, the defendant equal legal status. If First impressions are strongest that defendant "irrational", it violates the principle of equality. The different social status of people the equal legal status. Adjustment of civil law, property equal intersubjective relationship, in the civil action "first national, collective, personal, and after the public than private" concept is the principle of equality. The different nationality or stateless lawsuit status of equality. The equality is an equivalence. Equality does not mean that the litigation rights and obligations of the parties the same.

(2) the principle of mediation

The people's court shall carry out mediation, on a voluntary and lawful basis; if conciliation is unsuccessful, a judgment shall be made without delay.

The advantages of the principle of mediation: traditional culture, national psychology and Chinese associated; consistent with the principle of private autonomy, the principle of disposition; with the litigation purpose, task consistent; help to eliminate the psychological confrontation between the parties; is conducive to improving the efficiency of lawsuit.

The principle of mediation: defects in the mediation, the first is not respected the rights of the parties, but the spirit of humility. To solve but at the expense of the rights of the parties to the dispute at the expense of the people, will dilute the ideas of rights and obligations.

(3) the principle of debate

The people's court, the parties shall have the right to dispute between the parties, each statement advocates and according to their own, mutual dispute and argument, and to safeguard their legitimate rights and interests. The debate has two kinds: one of, in oral form, namely the debate; secondly, in written form, such as the pleadings. The debate involves two aspects: first, the substantive issues. If the claims of the plaintiff and the defendant can be established, there is no factual and legal basis. Second, the program problem. Such as whether the parties in accordance with the conditions, the court would have jurisdiction.

(4) the principle of disposition

The parties shall have the right of disposing of their own civil rights and litigation rights within the limits prescribed by law.

(5) the principle of supporting indictment

Organs, social organizations, enterprises and institutions act does harm to the state, collective, or an individual's civil rights and interests, may support the injured unit or individual to the people's court. This is an important measure to protect the civil rights and interests of the parties.

Two, and jurisdiction

(a) the people's Court of competent

The people's Court of competent, is refers to the people's court according to the admissibility of the trial, to solve a range of civil disputes between permissions, determine the people's court and other agencies, the national social organizations of civil dispute resolution division and scope of authority.

The competent civil cases the scope of people's courts in China are the following:

(1) generated by the property relations and property relations of the civil law, marriage law of the relationship between civil cases. Such as property rights, creditor's rights, the right of portrait, right of reputation and other disputes; marriage, maintenance, maintenance, upbringing and inheritance disputes.

(2) all kinds of economic law dispute adjustment arising from economic relations.

(3) by labor law labor relations disputes arising.

(4) had tried in accordance with the law of civil procedure law by other laws regulating social relations disputes. Such as the environmental pollution caused by the damage compensation cases, cases, eligible voters declared missing missing and death cases.

(5) the provisions of the normative documents of the Supreme People's court case. As part of patent disputes, maritime, maritime cases and maritime cases.

(two) the jurisdiction of civil cases

The jurisdiction of civil case, is refers to between the people's courts at all levels and people's courts at the same level, division of labor and the competence to receive civil cases of first instance.

The principle of civil law of the jurisdiction, is mainly to facilitate the parties to the proceedings; for people's courts to exercise jurisdiction, guarantee case justice, safeguard the legitimate rights and interests of the parties. Based on these principles, types of jurisdiction in China can be divided into: civil case jurisdiction, jurisdiction, transfer and designation of jurisdiction.

1, the grade jurisdiction

The grade jurisdiction, is refers to between the division of people's courts at all levels accepted the division of labor and rights in civil cases of first instance. (1) the basic people's court as the court of first instance of civil cases, but otherwise provided in the civil procedure law except. (2) civil cases of first instance jurisdiction of the intermediate people's court has major cases involving foreign element; have a major impact on the areas under their jurisdiction cases determined by the Supreme People's court; under the jurisdiction of the intermediate people's court case. (3) the higher people's Court of first instance of civil cases that have major impact on the areas under their jurisdiction. (4) the Supreme People's court cases having great impact nationwide and it should be handled by the Institute of civil cases of first instance.

2, the territorial jurisdiction

Territorial jurisdiction refers to determine people's courts at the same level in their respective jurisdictions accept the division of labor and rights in civil cases of first instance. Territorial jurisdiction is divided into general jurisdiction, the special region jurisdiction, exclusive jurisdiction, agreement jurisdiction, jurisdiction, jurisdiction and the jurisdiction of common combination selection.

(1) general jurisdiction.The general jurisdiction is refers to the civil cases by the jurisdiction of the people's court, the defendant's domicile and habitual residence is not the same, under the jurisdiction of the people's court. This is usually said "the plaintiff to the defendant" principle.

But the law of some special circumstances and applies "the plaintiff's". If not in the suit concerning the status of living within the people's Republic of China who filed; litigation concerning the status of against One's whereabouts is a mystery. or declared missing people; about reeducation through labor, was imprisoned by the plaintiff lawsuit, the people's court at the domicile jurisdiction.

(2) the special region jurisdiction.The special region jurisdiction is the place where the defendant has his domicile and litigation or cause the legal relationship between legal facts, change, destroy the location as the standard to determine the jurisdiction.

In the trial practice, the nature of the case are not the same, some special nature of the case should not be determined by general jurisdiction by the court of appeal, so the law provides for the special jurisdiction. Including: ① a lawsuit brought on a contract dispute, under the jurisdiction of the people's court to perform by the place where the defendant has his domicile or the contract. ② for joint contract dispute lawsuit, jurisdiction because of different forms and different joint. The lawsuit brought on an insurance contract dispute, the defendant has his domicile or the subject matter of the insurance is located to the jurisdiction of the court. ④ a lawsuit brought on a bill dispute shall be under the jurisdiction of the payment, or the domicile of the defendant court is composed of a bill. The railway, highway, due to water, air transport and combined transport contract dispute shall be under the jurisdiction of the lawsuit, transport origin, destination or the place where the court. The tort lawsuit, jurisdiction by the infringement or the domicile of the defendant court. ⑦ by railway, highway, water and air accidents damages lawsuit, by accident or vehicle, ships first arrived, the aircraft first landed at the place where the jurisdiction of the court. ⑧ from ship collisions or other maritime accident damage lawsuit brought on claims for damages, the collision occurred, the collision between ship first arrived, injuring ship detained under the jurisdiction of the court at the domicile or the defendant. ⑨ for salvage charges litigation, the salvage or salvage ship first arrived under the jurisdiction of the people's court. The lawsuit brought for general average, the ship first arrived, general average adjustment or termination of the voyage under the jurisdiction of the people's court.

(3) exclusive jurisdiction

Is the exclusive jurisdiction of the law cases shall be under the jurisdiction of the people's court only specific, other courts have no jurisdiction, the parties nor changes of the agreement jurisdiction. As a result of real estate dispute lawsuit, the immovable property is located under the jurisdiction of the people's court; brought on a dispute over port operations in the litigation, the port is located under the jurisdiction of the people's court; due to inheritance lawsuit, by the time of his death was the main legacy his domicile or the local people's court.

(4) the agreement jurisdiction

The agreement jurisdiction, agreement jurisdiction, refers to both parties involved in the dispute before or after a dispute, the written form agreement jurisdiction court. According to the provisions of article twenty-fifth, the agreement jurisdiction shall meet the following conditions: ① applies only to the first instance of civil cases. It is only applicable to the economic contract dispute caused by domestic litigation. The agreement jurisdiction of the court shall be agreed upon in the range of statutory court. It must be agreed in writing. The agreement does not violate the provisions on jurisdiction of civil procedure law.

(5) common jurisdiction

Mutual jurisdiction refers to the people's court in accordance with the law, more than two have jurisdiction over the same case. As a procedure of several defendants domicile, habitual residence respectively in two or more within the jurisdiction of the court, or tort across more than two court jurisdiction, the people's courts have jurisdiction over the case. Choice of jurisdiction refers to have jurisdiction over the same case two or more people's courts, the plaintiff may select one of the court; the plaintiff to two or more people's courts that have jurisdiction over the lawsuit, the people's court filing by the first jurisdiction. Jurisdiction to jurisdiction is the basis and prerequisite conditions. Amalgamated jurisdiction refers to the people's courts have jurisdiction over a case for other cases, can be tried in connection with the case.

3, transfer and designation of jurisdiction

(1) transfer of jurisdiction

Transfer of jurisdiction refers to the people's court has accepted the case, find the hospital on the case without jurisdiction, in accordance with the law to transfer the case to the people's courts have jurisdiction over a case. Transfer of jurisdiction is the transfer of cases, does not change the jurisdiction. According to the provisions of the thirty-sixth civil law jurisdictions, must have three conditions: first, the transfer of cases to be accepted the case; the people's court to transfer the case without jurisdiction has been transferred; the court has jurisdiction in the case. The transfer of the court shall not transfer the case again case.

(2) the designation of jurisdiction

The designated jurisdiction refers to the higher people's courts to order, specify an inferior people's court to exercise the jurisdiction of a case. It is suitable for the following cases: accept the transfer case has been transferred according to law court that the case is not under its jurisdiction, shall be reported to the superior court for the designation of jurisdiction. The court of competent jurisdiction due to special reasons not to exercise the jurisdiction, the superior court for the designation of jurisdiction. If the jurisdiction court judges right should be avoided cannot form a collegial panel. The court of jurisdictional dispute between the consultation fails, should be reported to their common superior court for the designation of jurisdiction.

(3Objection to the jurisdiction)

The jurisdiction objection is that the parties considered by the court of appeal by the court or court transferred after no jurisdiction over the case, put forward to the court or to the court with jurisdiction after the opinions or views. Put forward the objection to jurisdiction shall meet the following conditions: ① has the right to challenge the jurisdiction is only a party to the case. The jurisdiction objection is only presented during the submission of defence.

If the jurisdiction objection as long as compliance with the above conditions, the court shall review. Objection, shall make written decisions, transfer the case to a court of competent jurisdiction; if not, the court rejected. The party is not satisfied with the order, can be in 10 days to a higher people's Court of appeal. The parties in the court of second instance to determine the jurisdiction of the case, that should be in accordance with the notice of the court in the proceedings.

Three, participants in civil proceedings

Participants in civil proceedings, is refers to the parties and similar lawsuit status. The parties including the plaintiff, the defendant, third common litigant, litigation representative. A similar lawsuit status of people is an agent ad litem. The participants in the proceedings is different from the participants in the proceedings. Participants in the proceedings including the participants in the proceedings, including the witnesses and expert witnesses, interpreters.

(a) the parties

The parties in civil litigation, refers to the disputes occur from civil rights and obligations, action in its own name, trial results with interests in law, and subject to the people's Court of people bound. The citizen, legal person or other organization may become a party to a civil action. But in the different procedures, the appellation is different. In the first instance procedure called the plaintiff, the defendant; in the second instance procedure called the appellant, the appellee; in executing a program called the person applying for enforcement, the person to be enforced.

1, the plaintiff and the defendant

The plaintiff is that their civil rights are infringed, or dispute with others, to safeguard their legitimate rights and interests and bring a lawsuit to the people's court proceedings, caused the people.

The defendant is alleged infringement of the civil rights or civil rights dispute with the plaintiff, the people's court shall notify the person to be.

In civil litigation, the plaintiff and the defendant have equal rights, have the right to entrust an agent, to apply for withdrawal, collect and provide evidence, debate, request conciliation, appeal, apply for execution, access to replication in connection with the case materials and legal documents, since the bank reconciliation. The plaintiff may waive or modify claims, the defendant may admit or refute the claim, have the right to file a counterclaim. At the same time, the plaintiff and the defendant must take exercise their litigation rights according to law, observe the procedures, perform the legally effective judgment, ruling and mediation agreement obligations.

2, the common litigants

One party or both parties for the above two people, the object of litigation is common, and is of the same category, the people's court may adjudicate by civil litigants agree to joint action. Common litigation in the party, referred to as the common litigants.

3, the litigation representative

The numerous party, elected representatives, which in order to safeguard the interests of the parties litigation activities, as the representative of action.

If a party number, generally refers to 10 or more people.

Litigious representative of the effect on the parties, but the representative change, waiver of claims or admit the litigant request of the other party, it must obtain the consent of party by the representatives.

4, third

Civil third people, refers to others dispute litigation has independent claim, or have no independent claim, but the result of case and legal interest relations and to participate in the litigation.

Third people divided into third party with independent claims and the third party without independent claim.

The third party with independent claims: to others dispute litigation has the independent right of claim

The third party without independent claim: claim no independent, but the result of case with legal interest relations

Characteristics of third: one is the plaintiff, the defendant disputes litigation that has an independent claim, or case processing results with legal interest relations; two is to participate in the litigation is to protect their own rights and interests; three is in the others began after the end of the trial proceedings, to participate in the proceedings.

(two) an agent ad litem

Civil litigation agent, refers to the interest of one party, the party in the name of the scope of authority, the statutory or authorized, replace or assist the parties to litigation activities. Replace or assist the parties called agent. An agent ad litem is divided into statutory agent and the principal agent.

1, the legal agent

The legal agent law refers to the litigation incompetent parties in civil proceedings.

Without the capacity to engage in litigation of people by his guardians as statutory agents. No prior to determine the guardian, can be determined in consultation by the person who has the guardianship qualification, consultation fails, designated by the people's court proceedings in the statutory agent between them. If a party does not have civil provisions of the guardian, you can specify the organization to serve as the proceedings legal agent.

2, agent

Agent refers to the parties, legal agent entrusted and civil activities within the scope of authorization in their name.

The parties, legal representative may entrust one or two persons to represent them in the action. The lawyer, close relative of the party, relevant social groups, or where the person recommended by the unit, the other citizens of the people's court, may be entrusted as an agent ad litem. Entrust others to action, must submit a signed or sealed by the principal's power of attorney to the people's court. The power of attorney must prove the entrusted matters and authority. Litigation agent to admit, waive or modify claims, reconciliation, to file a counterclaim or appeal, must have the special authorization. Deputy litigation lawyers and other agents ad litem shall have the right to investigate and collect evidence, and may have access to materials pertaining to the case.

Four, the compulsory measures in the civil action

(a) the compulsory measures in the civil proceeding meaning

Compulsory measures in the civil action, is refers to the people's court to exclude interference, protection of civil proceedings, the compulsory measure on obstruction of civil actions taken by the order of human behavior.

(two) types of civil procedure law enforcement measures

1, issue a warrant

Summons is a kind of compulsory measures of the defendant to court within the statutory conditions. The people's court to the defendant is required to appear in court, after two summons, refuses to appear in court without justified reasons, may summon.

2, admonish

Instruction refers to verbal criticism, education on the behavior of obstruction of civil actions if the circumstances are relatively minor, and shall be ordered to make corrections. Object of application of discipline is a person violates the court rules.

3, ordered out of the courtroom

Ordered out of the courtroom, refers to the court, the enforcement court rules in civil proceedings and others have taken their leave of court order.

4, fine

A fine is a kind of measures against obstruction of Civil Procedure Act shall be ordered to pay a certain amount of money within a specified period.

5, the detention

Detention refers to the obstruction of civil actions serious behavior of people to watch, a kind of coercive measures to restrict personal freedom in a certain period of time.

Five, civil procedure

(a) the ordinary procedure of first instance

The ordinary procedure of first instance, is the people's Court of first instance shall try civil cases is the most basic program. It includes: prosecution and admissibility; preparation before trial; trial

1, the prosecution

The prosecution is refers to the people's court according to law litigation request behavior. The prosecution must have the conditions for a:

(1) the plaintiff is a citizen, legal person or other organization that has a direct interest in the case.The so-called "direct interest relationship with the case", refers to request the people's court for protection of civil rights shall belong to their own, or in accordance with the law by their own management, control (such as property administrator).

(2) a definite defendant.The plaintiff must specify who violated the civil rights and disputes, if not specifying a defendant, or if the defendant does not exist, would not forming litigation, prosecution is not true.

(3) there are specific claims, facts, reasons.The plaintiff must submit to the people's court that what is needed to protect the legitimate rights and interests, request the people's court decision defendant perform what obligations, through their own actions to achieve what purpose. In addition, the plaintiff shall also specify their litigation request the facts and reasons.

(4) belong to the scope of civil cases handled by the people's court and be subject to the jurisdiction of the people's court action.The plaintiff's claim to the people's court shall not charge, belongs to the people's court or competent, but does not belong to the jurisdiction of the people's court litigation, the people's court shall not accept.

The prosecution shall be submitted in written form to the people's court civil complaint, and puts forward the copies according to the number of defendants. Writing the civil petition is difficult, you can indict verbally, recorded by the people's court, and inform the other party.

2, acceptance

Acceptance is refers to the people's court after the prosecution, that meet the statutory requirements, the lawsuit activity file.

The people's court received the civil petition or complaint orally, after review, in line with the conditions for prosecution, shall be filed within 7 days, and notify the parties, that do not meet the conditions of prosecution, shall make a ruling within 7 days will not be accepted; the plaintiff is dissatisfied with the ruling, it may file an appeal.

The legal consequences: ① accepted by a people's court appeal the case trial right; the legal relationship between the parties with the people's court; break the limitation of action, re calculation.

3, the preparation before trial

(1) litigation documents in a timely manner within the statutory period.The people's court shall within 5 days will be civil indictment copy the accused in the day of filing the case, the defendant has present a written reply within 15 days of the date of the receipt. The defendant received a copy of the indictment, the right according to the specific situation to decide whether to submit pleadings.

(2) inform the parties of the litigation rights and obligations.The people's court shall be served in the case acceptance notice to the plaintiff, the defendant served notice to inform the original, the defendant are legally entitled to the rights and obligations.

(3) the establishment of judicial organization and inform the party concerned.The collegial panel shall within 3 days after, the members of the name and notify the parties concerned in time, in order to decide whether to apply for withdrawal.

(4) examine the case materials.

(5) to investigate and collect the necessary evidence.

(6) other work.If the additional party, transferred the case, advance the cost of litigation.

4, the trial

(1) court preparation.The people's court shall, 3 days before the hearing served notice to appear, public hearing, hearing the announcement shall be issued.

(2) announced the court.Before the court clerk shall ascertain whether the litigants and other litigant participants are present, announce the rules of court; court judge to check party, announce the cause of action, the names of the judicial officers and the court clerk, inform the parties of the litigation rights and obligations, and ask whether the party concerned to avoid the application.

(3) the court investigation.The central task is to verify the court investigation evidence, reveal the facts of the case, the order is: ① the statements of the parties. Focus on the court investigation is the parties disputed facts, therefore, third parties should focus on the facts in issue statements.②Testimony of witness.Witnesses to testify truthfully, otherwise, should bear the legal responsibility. The presentation of documentary evidence, material evidence and audio-visual materials.The parties may cross examination, in order to distinguish the true from the false. The reading of expert conclusions. With the permission of the court, may question the identification of human. Appraisal conclusion has the contradiction between doubt or identification of the conclusions, the parties shall have the right to request for re examination, but it shall be decided by the people's court. The reading of records of inspection.With the permission of the court, put questions to the inspector, also have the right to request the re inspection, but it shall be decided by the people's court.

(4) the court debate

The court debate in the judicial personnel under the auspices of the parties and their legal representatives, the facts of the case and the application of the law, propositions and opinions put forward their. Court order is: the plaintiff and his agents ad litem to speak; the defendant and his agent ad litem defense; third people and his agent ad litem or defense debate speech.

The end of the court debate, the presiding judge, the defendant, the plaintiff third order for the final opinions of the parties concerned.

(5) review and judgment

The end of the court debate, to be mediation, the mediation fails, by a collegial panel to review, ruled on the case.

Upon pronouncement of a judgment in court pronouncement or should be regularly open, at the same time, the parties concerned must be informed of his right to appeal, and the court of appeal period. Upon pronouncement of a divorce judgment, the parties concerned must be informed not to remarry before the judgment takes legal effect. The people's court trying a case in which the ordinary procedure of first instance, the case shall be concluded within 6 months, if extension is needed, approval may be appropriate to extend the.

(two) the summary procedure

The simple procedure, is a kind of simple basic people's court and sent the court trying a simple civil case the applicable procedure.

The so-called simple civil cases, refers to a simple civil case facts are clear, the relationship between the rights and obligations are clear, less controversial.

In simple civil cases, the plaintiff may indict verbally.

The parties concerned may at the same time, to the basic people's court or its dispatched tribunal request to resolve disputes, the court or the court may hear the case immediately, or set a date for the trial.

At the hearing, the judge hearing the 1 alone, can use simple ways to summon the litigants, witnesses, and should be the case concluded within 3 months.

(three) the procedure of second instance

The procedure of second instance is a people's court for procedure. In civil litigation, the parties accept the people's court in the judgment or ruling and appeal, the people's Court of second instance procedure after entering.

1, the appeal must have the conditions

The parties, legal representative, the parties agreed to have entrusted agent, and about third people, have the right to appeal.

The appeal for a period of 15 days, the appeal ruling for a period of 10 days.

Shall be submitted, through the people's Court of appeal shall be made, can also appeal directly to the people's Court of second instance.

2, the court of second instance of appeal:

The people's Court of second instance trial of a case on appeal shall organize the collegial panel, to review the appeal of the relevant facts and the application of the law, respectively, in accordance with the law, to dismiss the appeal shall be amended according to the law, revocation and back a retrial, adjudication.

(four) other civil procedures

According to the provisions of the Civil Procedure Law of China, other civil procedures also include special procedure, procedure, trial supervision procedure, the procedure of public summons, bankrupt procedure and civil execution procedure.

1, the special procedure

A special program is a special trial procedure of people's Court of some non civil rights dispute case applicable. This kind of non civil rights dispute cases include: the case of voters; the declaration of a missing or dead cases; ascertainment of a citizen's incapacity or restricted capacity for civil conduct of the case; a property as ownerless.

2, the procedure for trial supervision

(1) the procedure for trial supervision meaning. The procedure for trial supervision is the people's court to correct a legally effective judgment, ruling error, and the retrial procedure.

(2) the parties apply for a retrial conditions: ① must be in a legally effective judgment, ruling, the mediation agreement apply for retrial; ② must have legal facts and reasons. First, there is new evidence, to reverse the original judgment, ruling. Second, the original judgment, ruling the main evidence for ascertaining the facts is insufficient. Third, the original judgment, that there is some error in the application of the law. Fourth, the people's court violates the legal procedure, correct judgment, ruling may influence the. Fifth, the trial in the case when there is corruption, play favouritism and commit irregularities, perverted the law behavior. In addition, the effective mediation agreement to apply for a retrial should have in fact and reason is, if there is evidence to prove that the mediation violates the principle of voluntariness or the content of the mediation agreement in violation of the law. It must be the people's court have jurisdiction to apply for retrial. If the parties apply for retrial, the people's court shall apply to the people's Court level or forward. ④ must apply for a retrial in the statutory period. The parties shall apply for a retrial, the judgment, ruling, two years after the entry into force of the mediation agreement within the.

(3) the parties shall apply for a retrial of the case: the decision to dissolve a marriage cases; ② according to special procedures, supervision procedure, the procedure of public summons, bankrupt procedure in cases tried in accordance with the procedure for trial supervision; ③ after hearing upheld cases

(4) if the parties apply for retrial. The parties shall apply for a retrial, shall submit the application for the entry into force of the legal instruments and to tell the appeal court of the people's court, and according to the number of the other party to provide a copy of application. In accordance with the procedure for trial supervision retrial cases, order to suspend the execution of the original judgment. The people's Court of retrial case, form a new collegial panel.

3, the supervising procedure

Supervision procedure is the people's court according to the creditor's application, the payment order form, the deadline to fulfill the obligation of the debtor urged procedure.

4, the procedure of public summons

The procedure of public summons is the people's court according to the request of the applicant, publicity to the way the exigenter interested not clear to declare their rights within the statutory time limit, such as no one can claim, an invalidating judgment procedure.

5, bankrupt procedure

Bankrupt procedure is an enterprise legal person has suffered serious losses, is unable to repay the debts due, the people's court according to the debtor, declared bankruptcy and debt repayment procedure.

Executive 6, civil litigation

(1) the meaning. The execution procedure of civil litigation is the people's court in accordance with the law, does not perform the legally effective judgment, ruling, the mediation agreement or other legal documents of the parties, mandatory performance procedure.

(2) application for execution and transfer: for the implementation of the conditions. First, according to the legal documents for enforcement of a legally effective, and performs content. Second, to fulfill the obligations prescribed by the legal document term has expired, the obligor fails to perform the obligations. Third, must be in the legal provisions for enforcement within the time limit for the implementation of. For the implementation of the term, both or one of the parties is a citizen of one year, both parties are legal persons or other organizations for 6 months. Fourth, must be the people's courts have jurisdiction to apply. The people's court shall not be executed. First, the parties to the people's court for enforcement of the notary organs in accordance with the law gives creditor's rights enforceable, the other party presents evidence prove debt instruments notarized mistake, after the people's court examination and verification, the people's court shall refuse to execute. Second, according to the "Civil Procedure Law" in article 217th and the judicial interpretation of the Supreme Court ruled that six cases not to be enforced.

(3) the implementation of measures