Administrative Procedure Law

The Civil Procedure Law

Criminal Procedure Law

The counterclaim conditions

No  Administrative organs cannot counterclaim.

1, the appeal of the defendant to the plaintiff;

2, must be in the action in (to the end of the debate is proposed after accepting);

3, to accept the appeal of the court, and the court has jurisdiction over the counterclaim;

4, must use the same with the litigation procedure;

5, must be implicated relationship between counterclaim and the v..

First: a term of adducing evidence in proof before the expiration of the time limit, no proof deadline before the end of court debate. The counterclaim counterclaim joinder, belongs to the exclusive jurisdiction of the exception.

Second: the second trial before the end of. The counterclaim can mediate, not the merger trial, mediation is not to be prosecuted

1, the object is a case of private prosecution;

2, the counterclaim content related to the case;

3, the counterclaim cases belong to: tell just processing and the victim has evidence to prove that they are minor criminal cases; (public prosecution to private prosecution, not the counterclaim)

4, the counterclaim shall be used in the process of lawsuit is the latest in a case of private prosecution declaratory judgment put forward (or a separate action, in the second instance may not mention)

The trial organization

1, do not apply a single judge.

2, by the judges, jurors

More than 3 peopleThe collegial panel

Note the plaintiff may require the jury

1, the simple procedure sole (grass-roots court or tribunal dispatched by). 2,The special procedureA single judge (court or tribunal dispatched by):

The declaration of disappearance, death

No, identification of limited capacity for civil conduct

Determination of property without the Lord

The supervising procedure

The public notice board stage in the program

But voters case, major difficult case (a collegial panel of judges), except for the public summons the invalidating judgment stage.

3, the first instance of civil cases, the judge, jury formed a collegiate bench, odd number of.

4, the second instance of civil cases, by a collegial panel of judges, the number is odd.

5, the retrial case separately. Retrial review stage.

6, the effect of the arbitration agreement, the cancellation of the arbitration award.

Note the parties may request the jury

A single judge courts at the grassroots level, simple cases

       Can be submitted to the committee discussion

The collegial panel:

L       A trial: primary, intermediate 3 people

The Supreme Court, the Supreme People's court - 3 to 7 (357)

L       Second: 3 or 5

L       The death penalty review: the Supreme Court in 3

    Stay of execution: the Supreme Court review 3

Note onlyA trial, can useJuror(demand)

Shall not serve on a jury:

L       The National People's CongressStanding CommitteeMembers

L       Male (an), inspection, law, company employees, lawyers

L       Has been subjected to criminal punishment (not intentionally / fault)

L       Dismissal from office

The judicial committee: anti rings die

Avoid personnel

Judges (a jury), clerks, interpreters, identification, inspection personnel.

Peer v.

Lips: audit is beneficial to health

The judicial personnel,Prosecutors, investigators, clerks, interpreters, expert (without the inspector)

Excuse

1, to have an interest in the case.

2, and in this case the parties have other relations, may affect the handling cases justly.

1, is the party or parties,LitigationOne's relatives.

2, to have an interest in the case.

3, and in this case the parties have other relations, may affect the handling cases justly.

Comparison of memory Avoidance of arbitration:

1, is the party or parties,The agentClose relatives;

2, the same people v. second

3, with a party to the case,The agentThere are other relationship, which may affect the fair arbitration;

4, private meeting with the parties, agents, or accept the parties, agents to treat or gift.

1, is a party to the case or a close relative of the party.

2,Himself or his close relativesThere is interest in the case.

3, as the caseA witness, expert witness, the defender, agent ad litem

4, the same people v. third

5, examination, inspection, investigation personnel may not accept the parties and the entrusted people's gift giving, not to meet with the parties and the Commission in violation of the provisions of the people (a violation should be avoided)

6, in this stage of the proceedings had previously been involved in with the case of personnel, shall not participate in the trial (remand, transfer, colleagues stage before and after the program)

That excuse

Treat or gift, meeting in violation of provisions, should provide evidence.

Other reasons for avoidance requires only that

The main application for withdrawal

The parties and their legal representatives, the defender, agent ad litem

Application for withdrawal way

Written or oral

The public authority can only be written form

Application for withdrawal time

1, the general began hearing.

2, avoid the hearing commences, put forward before the end of court debate.

Any stage

To avoid the legal effect

1 the challenged personnel shall suspend his participation in the proceedings, but the exception of cases that require emergency measures (such as the evidence preservation, property preservation).

2 Judges avoidance, does not affect the validity of the procedure has been - absolutely not. (the difference between the arbitration)

To avoid the legal effect of arbitration:

1 the parties concerned may apply for arbitration procedures re;

2 the arbitral tribunal may also decide whether to have the arbitration procedures re.

1 cannot theorem by application for withdrawal, the court rejected (by a collegial panel shall review)

2 there are legal reasons: the investigation stage program does not stop, stop the other stage.

The effectiveness of the 3 to avoid before evidence and litigation: Law - the person or institution withdrawal decision right decision.

Avoidance decision

The same people v.

1 the DeanThe presiding judgeAvoidance: the Committee decided.

2 Judges (a jury) avoidance: the president of the court to decide

3 other workers (book / over / as / Kan): the presiding judge

1, avoid: judicial committee decided (vice president, membership of the trial committee avoidance, the president of the court to decide)

 The prosecutor, the head of a public security organ (regular) avoidance: the procuratorate Procuratorial Committee decision

The 2 trial, prosecutors, investigators avoidance: President, prosecutor, the head of a public security organ decision

3 pairs of prosecutors, court clerk to apply for withdrawal, the court shall notify the court's Procuratorate procuratorial personnel assigned by the attorney general, or the decision.

4 court clerk, translators, identification of personnel withdrawal: court decisions (Who decides who to hire)

To avoid the reconsideration decision

1 to avoid the "decision" made.

2 to make such a decision of the court made the application for reconsideration.

3 during the period of reconsideration, the challenged personnel, does not stop in the case of work.

To avoid the legal reason, be avoided personnel may apply to the organ for reconsideration of a decision.

The principle of open trial

Exceptions

The trial, in principle should be publicly

The same people v.Not open to the publicSituation

1 not open to the public: the provisions of the state secrets, personal privacy, otherwise

2 is not open, the client application can not open: divorce, commercial secret

A collegiate bench shall be heard in public; will not open

Contrast: the arbitration procedure

1 principles: do not open trial

The 2 exception: if the parties agree to public, can open to the public. Involving state secrets, not open to the public

The 3 session:

L       Principle: the arbitration shall be conducted in camera

L       Exception: if the parties agree not to hold a hearing, the arbitration tribunal may render an award in accordance with the arbitration application, the respondent book, other materials.

Not open to the public: 1) the state secrets, personal privacy

2) under 18 years of age, will not open

Less open: 1) by the application of the parties concerned, it relates to business secrets, shall not open

No public quality certificate

Involving state secrets, personal privacy, business secret, or other confidential evidence,Must notIn theTo hold courtWhen theThe public quality certificate.

Involving state secrets, personal privacy,Trade secretOr the law shall be confidential evidence,Not open to the public

Final exception

1 the Supreme Court made a judgment, ruling

2 special program:

L       The people's court

L       The declaration of a person as missing, declaration of death

L       The ascertainment of a citizenNo, LIMITEDThe capacity for civil conduct

L       A property as ownerless

3 three of noncontentious procedure:

L       The supervising procedure

L       The procedure of public summons

L       Bankrupt procedure

4 mediation

 The Supreme Court decision, effective immediately

 Two cases of death penalty appeal, not immediately (the death penalty review procedure)

The grade jurisdiction

Administrative proceedings:

1 grassroots courts: a trial in administrative litigation

The 2 Intermediate People's Court of first instance:

L       Defendant: governments at or above the county level (SeniorDo not move except for the property right registration)

L       Defendant: Central patent / trademark special department, customs, stock exchange (including third)

L       Number: major common, group litigation

L       Foreign factors: Hong Kong, Macao, Taiwan major, foreign cases (College of business cases, containing part of anti-dumping, anti subsidy case part)

3 the court of first instance:

L       The area of major and complicated cases

L       Part of the anti-dumping cases

L       Part of the anti subsidy cases

Note the anti-dumping, countervailing case should apply to the court to prosecute, the court accepted the designation of jurisdiction court is based on

4 the court of first instance:

Within the scope of national major and complicated cases

Administrative compensation litigation alone:

The same and administrative litigation

1 grassroots courts: ordinary litigation, non litigation, special procedure

2 courtyard first trial:

L       Major cases involving foreign element

L       This area has a significant impact on

L       The court determined by the intermediate people's court jurisdiction:

1.Maritime

2.Patent dispute

3.Copyright dispute (part of the basic can)

4.Trademark dispute (part of the basic can)

5.Infringement disputes involving domain names

6.The false statement of securities civil compensation

7.The major Hong Kong, Macao, and Taiwan

8.Determination of the validity of the arbitration agreement

9.Apply for revocation of an arbitral award

10.     The execution of arbitration cases, refusing to execute the arbitral cases

Formula: Hong Kong (in) virtual sea monograph Education (domain) for (SEC)

The 3 Supreme Court of first instance cases: have a major impact in this area

The Supreme People's Court of first instance 4: have a major impact on the case

             Considered by the court

1 grassroots courts of first instance: ordinary criminal cases

L       The higher the lower case jurisdiction

L       The lowerNo trialThe jurisdiction of cases

L       The number of crimes tall not low

L        The court accepted that punishment should be according to the amount of subordinate courts according to law, still continue to hear, don't pay a lower

2 courtyard first trial:

L       Harm national security, terrorism cases

L       May be sentenced to life imprisonment, the death penalty   

3 high court trial: the major criminal cases

The Supreme People's Court of first instance: 4 national major criminal cases

Note in criminal litigation and jurisdiction (special jurisdiction, special case of leaks the crime / jurisdiction new sin), need memory, see notes, this is not listed.

Territorial jurisdiction

Administrative proceedings:

1 jurisdiction where the defendant:

L       The general case

L       Maintaining the original case

2 the organ for reconsideration, the organ:

L       Review the case for change

{change behavior results, evidence, change the norm and affect its qualitative}

3 of the original, the defendant can:

L       Restriction of personal freedom cases

{the plaintiff locus: domicile, habitual residence, the restriction of personal freedom to}

4 is not the real location of exclusive jurisdiction:

L       Immovable property dispute case

Conflict resolution: first filed court

Administrative compensation litigation alone:

Principle: the jurisdiction of the court at the domicile

Exception: the restriction of personal freedom cases

L       The domicile of the defendant

L       The plaintiff's domicile, habitual residence, {domicile to the restriction of personal freedom to}

L       The immovable property is located

1 general jurisdiction:

Principle: the plaintiff to the defendant, the defendant is located

(habitual residence, domicile and residence)

Exception: the plaintiff's

2 special region jurisdiction (people v. 22 - 34)

3 exclusive jurisdiction:

L       Real property, real property is located

L       The port operations, port location

L       Inheritance - the decedent died domicile or the place of main legacy

L       Sino foreign joint ventures, Sino foreign cooperation, Sino foreign cooperative exploration and development of natural resources China contract - court tube

Conflict resolutionThe first case: the court

1.The crimeThe court (the crime occurred - prepared, results, the behavior of the jurisdiction),The defendant is domiciledThe court (domicile, habitual residence and work to supplement) jurisdiction;

L       For the purpose of illegal possession of property crime, the crime refers to the behavior occurs, the actual property obtained results happen (waste was not)

(2) initially accepted by court, the main criminal court jurisdiction as;

(3) the designation of jurisdiction (the area, do not violate the grade jurisdiction)

L       The first case jurisdiction is unclear, consultation, negotiation is not a news report common superior, layer upon layer

L       Have jurisdiction, but objectively cannot exercise

Conflict resolution: first seized court

Special: 1, under the jurisdiction of the international treaties concluded or acceded to by China crimes which are stipulated by the defendant was arrested under the jurisdiction of the intermediate people's court. 2, China in the field of foreign China ship in the ship first docked at the port of criminal jurisdiction where, for the first 3 aircraft will fall 4, national train (1) the agreement jurisdiction (2) no protocol first stop Chinese port location or destination Metro Lu court jurisdiction

Other jurisdiction

Special courts are no matter under the jurisdiction of administrative litigation

1A trial property preservation before litigationPreservedThe property is locatedCourt.According to the application

(not to prosecute 15 days, to be applied for damage to property, by adopting the measures for the preservation of property courtHave jurisdiction over)

Property preservation before litigation of second instance:By the court of first instance verdict

                  According to the application or authority

Rescind the subject:Measures for the preservation of the court or theThe superior court

2 evidence preservation before litigation: is the preservation of the evidence in court

3 the subrogation of litigation: the defendant (the secondary obligor domicile)

4: the right of revocation Proceedings (debtor) domicile

Comparison of memory:Property, the preservation of evidence in the Arbitration: Arbitration in preservation, all in accordance with the application

Property preservation:

L       The property is located, is under the jurisdiction of courts at the grassroots level, the domicile of the defendant

L       The foreign court jurisdiction

The preservation of evidence:

L       Evidence of local grassroots courts

L       Foreign: Court

The enforcement of arbitration award:

The execution of domicile, orThe implementation of the property is locatedIntermediate people's court

1, the court cases directly accepted by thatCase of private prosecution

1) tell just processing (a brutal invasion)

2) the victim has evidence to prove that they are minor criminal cases: wound left the faith in false knowledge

+ light injury (three or four chapter of criminal charges, and sentenced to 3 years in the following)

Handle.

L       There is no evidence, the court to withdraw, or reject it;

L       The evidence is insufficient, by the public security to accept, or that the defendant may be sentenced to 3 years in prison or more severe punishment, it shall transfer the case to the public security investigation.

3) public prosecution to private prosecution cases

Conditions:

L       The prosecutor shall bear the burden of proof

L       On the body, property violations of human rights cases

L       Submit a written decision shall not be subject to criminal liability to the court

2, procuratorate criminal cases accepted thatSelf investigation cases

(1) the crime of corruption and bribery bribery / bribery)

2) national staff malfeasance crime criminal charges (Chapter ninth)

3) the personnel of state organsTerms of use7 crimes: Double non double breaking criminal abuse

4) other serious crimes of state functionary carry, need to be handled directly by the people's Procuratorate, the provincial procuratorate decided.

3, the public security organs directly the case on file for investigation

The special master several crimes:

Tax related cases, refusing to implement the judgment / decision, the crime of perjury

Objection to jurisdiction

Received a notice of appearance within 10 days

Subject: the defendant (only three, only threeNo.The right to dissent)

Object: regional, jurisdiction of first instance

Time: the period of first instance to submit pleadings

Treatment: if the objection is not established, the court rejected (appeal)

     Objection to the jurisdiction of the court, that is

In the time limit shall be solved through consultation; consultation fails, by the people's court dispute respectively report to the common people's court at a higher level to designate the jurisdiction.

JurisdictionThe downward transfer

The superior court to the non statutory jurisdiction: 1 the plaintiff directly to a higher court:

His other junior / tube / specifiedTold to the original court prosecution

2 lower courts shall accept and reject:

His other junior / tube / specifiedFor the original Court dealt with according to law

3 lower courts to the superior treatment:

His other junior / tube / specifiedDetermined by the original court tube

4 people think not inferior not tube:

His pipe / specify other subordinate

Sure.

In civil cases of first instance in the superior court have jurisdiction over the lower court jurisdiction in civil cases of first instance, also can put the jurisdiction to an inferior people's court.

In civil cases of first instance by a lower court under its jurisdiction, trial by a higher court deems it necessary, can be reported to the superior court.

Can't.

The superior people's court according to law shall be under the jurisdiction of criminal cases of first instance, you cannot specify a lower court jurisdiction.

Note: the procuratorate that ordinary criminal cases punishable by life imprisonment, the death penalty and the prosecution to the court, the court accepted, that need not be sentenced to life imprisonment or criminal punishment, according to law, the trial, no longer pay the grass-roots court.

Types of evidence

The 1 documentary evidence, material evidence, audiovisual materials, witness testimony, appraisal conclusion

2PartyStatements, records of inspection

1 peer v.

2 peer v.

3 transcripts of the scene

1 peer v.

2The victimState  The inquest,CheckRecord

3 criminal suspects, defendants confession, excuse

Direct evidence

Able to independently, direct proof of evidence

To the main facts directly specified cases separate evidence

Circumstantial evidence

The evidence cannot be proved, through linked with the other evidence, it may be proved.

Alone does not directly indicate the main fact of case, need to be combined with other evidence to prove the evidence.

The exclusionary rules of illegal evidence

Evidence 1, infringes upon the lawful rights and interests by way of;

Forensics method 2, violating the legal prohibition of. (all the evidence as in others home installation bug, the acquired) without permission secretly steal recorded audio and video as long as it does not violate privacy, can be recognized. (68 rule of civil evidence)

Is strictly prohibited to collect evidence by illegal methods. If the verification is actually using torture to extract confessions or threat, enticement, deceit and other illegal way of testimony of witness, the statement of the victim, the confession of the defendant, except not as basis for a final decision (excuse).

The time limit for adducing evidence

The burden of proof

Principle: the defendant

Exception: the burden of proof of plaintiff

L       Proof of compliance with the conditions of prosecution

L       In accordance with the application behavior in the proposed application, but there are some exceptions {exception: application according to the authority, the registration system is not perfect so the plaintiff cannot prove}

L       To prove the damage fact

L       Such as the defendant did not act according to, but with the behavioral results are closely linked with the fact, the plaintiff shall prove.

Proof limitation:

1 the plaintiff or the third party:

L       Before the court or to exchange evidence before the burden of proof, otherwise regarded as giving up the right, not lose.

L       For legitimate reasons for extension of proof, the court permission to provide in the court investigation.

The 2 defendant

L       The burden of proof within 10 days after receiving a copy of the bill of prosecution, otherwise regarded as administrative act is not corresponding in evidence, a direct result of losing.

L       For a legitimate reason for extension proof, should be in receipt of a copy of the bill of prosecution court within 10 days in writing, approved eliminate students 10 proof (10 days) in the matter is still

The specific provisions of proof limitation note, forensics, quality certificate, certification, is unique to the administrative litigation law, see handout.

1 party consensus: should the court recognized.

2 the court specified: not less than 30 days, both parties agree except

3: the time limit for extension extension, with the permission of the court. Re apply for an extension, whether to allow the court decision.

4 apply to the court for investigation and evidence collection: 7 days before the expiration of the time limit for adducing evidence

 Witness: the burden of proof for 10 days before the expiration date

The public prosecution:

The principle of burden of proof: the Procuratorate

Exception: the crime of huge unidentified property

     Illegal possession of state secrets, confidential documents, data, or the crime

Private prosecution: the prosecutor shall bear the burden of proof

The first "new evidence" judgment

The new found 1 proof after the expiry of the evidence

2 because of objective reasons can not in the burden of proof is postponed during, still not proof.

This time: before the court or the court session

"New evidence" judgment of second instance

The new found the end of the 1 trial after the trial evidence

2 first parties to apply for a court to investigate and collect evidence, the court shall not be allowed. Second, request the court to obtain, the court allowed and obtaining evidence.

This time:

The court session is required, shall be presented in court pre-trial or court session.

Do not need to hold a hearing, the court should be put forward within the specified time limit

Retrial "new evidence" judgment

The end of the 1 trial before the objective existence, newly discovered after the trial evidence

The end of 2 has been found before the hearing, but because of objective reasons can not be made within the prescribed time limit, or fails to provide evidence

The end of 3 after the trial, originally made the appraisal conclusion, records of inspection re identification, inspection, reverse the original evidence

The main parties to provide evidence of 4 in the original trial, the trial does not cross examination, authentication, but enough to overthrow the original judgment, ruling, it shall be regarded as new evidence.

The proposed time: in the retrial

Coercive measures

Objective: To investigate the prevention, expropriation, and forced

Type:

L       The man: mandatory detention, isolation, evacuation

L       On the matter: mandatory inspection, seizure, seizure, freezing

L       The place: isolation, seizure

Features: non punitive

Remedy: Sue, reconsideration

Comparison of memory:Administrative compulsory execution

Objective: mandatory for a certain obligations

Type:

L       Indirect enforcement: performance, penalty

L       Direct enforcement: transfer, collection, auction

Features: sometimes take punitive

Relief:

L       Execution is wrong, the prosecution execution behavior

L       Execution hollow is wrong: Sue content

1

2 ordered out of the courtroom

3 summons:

L       Object: the defendant is required to appear in court

U     Responsible for the maintenance, care, maintenance obligations

U     Not to appear in court will not be able to investigate the case

U     Cause damage to the state, the collective, others minor legal agent

L       Times: after 2 summons is not present in court

L        Without justifiable reasons

L       Hair coercive summons

4 fine: individuals below 10000 Unit 1, 300000

5 detention for less than 15 days

Note: 345 measures have the approval of the president, by a written decision

Can appeal to a higher court, reconsideration does not stop

The Civil Procedure Law -- 102

L       Subject: Public Security

L       Object: the suspect, the defendant

L       Objective: to prevent

L       Legal: time temporary

A, summon - 12 hours

1 object: no action on behalf of suspects in custody / defendants, accused unit person

The 2 program: the approval of the person in charge; detained into cities and counties; 2 implementation; outside the jurisdiction of execution, shall notify the local public or inspection, law

The 3 time: summons, subpoena are not more than 12 hours

Two, the bail - 12 months

1 situations: see handout

2 methods: PICC (1000 to 20000) fine

Bao (1000 yuan of above, confiscate the deposit not administrative litigation, criminal behavior, can to the executive organ for reconsideration)

The 3 period: 12 months (three organs were calculated)

Three, residential surveillance-It's been 6 months

Four, detained 10/10 to 14/ a maximum of 37 days

1 conditions: active criminals or suspects

2 programs: public security decision (2 cases procuratorate can also be determined), public security enforcement, double 24 hours - who decides who notice / who / interrogation

The detention of 3 people's congress:

L       At or above the county level: the current make first detention report; approval of major suspects - first reported the presidium or standing committee, after the detention.

L       The township representative: first detention, after the report.

4 different detention shall notify the public security should assist, remote

Five, arrest

Many see handout

Pay attention to rules of criminal procedure as specified in article 93/94

Note in the case of the trial, disrupting the order of the court

Fine, 1000 yuan of the following 15 days detention

Period is extended

Treatment of the plaintiff and the defendant difference

The legal situation: to force majeure or other legitimate reasons to delay

The need for the parties to apply for

Application time: in 10 days after the obstacle is removed

Whether or not to grant the approval, by the courtDecision.

With the civil litigation

Application time: in 5 days after the obstacle is removed, the application of the parties concerned, whether or not to grant the approval, by the courtRule.

The prosecution condition

(1) the plaintiff is that citizens, legal persons or other organizations to the specific administrative acts infringe upon their legitimate rights and interests;

(2) a definite defendant;

(3) there are specific claim and the facts;

(4) belong to the scope of jurisdiction of courts and be subject to the jurisdiction of the people's Court of appeal.

Administrative compensation litigation in administrative litigation, take note master, calculation of prosecution deadline!

1, the plaintiff is a citizen, legal person or other organization that has a direct interest in the case;

2, there are definite defendant;

3, there are specific claims, facts, reasons;

4, belonging to the people's court accepts a civil action range and governed by the people's Court of appeal.

The public prosecution: suspect criminal facts have been confirmed, the evidence is reliable and sufficient, shall be investigated for criminal responsibility according to law. According to the trial jurisdiction, initiate a public prosecution to the court.

Private prosecution: (1) belongs to the criminal law provisions of Article 170 of the case; (2) under its jurisdiction; (3) criminal case victim tell; (4) people, the specific litigation request and can prove that the defendant's criminal evidence.

To accept and to the defendant (the defendant) during a copy of the indictment served

Acceptance.

L       A decision within 7 days of receipt of complaint, cannot decide first to accept, in line with the conditions of the acceptance. 5 days to send notice;

Not to accept the:

L       Do not meet the conditions of the ruled inadmissible, may appeal within 10 days of the decision.

L       Don't put on record does not ruling parties to appeal or prosecution, the court at the next higher level, in line with the conditions should be accepted.

By not:

L       Transfer of jurisdiction: no jurisdiction

L       The designated jurisdiction: assigned by superior other court

L       Transfer of jurisdiction of the superior court of appeals: after the transfer to the lower court jurisdiction, or the lower court appellate jurisdiction to be transferred after.

Acceptance.

L       Within 7 days of filing and notify the party concerned.

L       5 days will be a copy of the indictment to serve the defendant from the day of filing the case. The defendant received a complaint from the date the reply within 15 days.

L       The court served within 5 days of the defence.

Don't accept: ruled inadmissible within 7 days, is dissatisfied with the ruling party can appeal.

1, the public prosecution (procedure): decides to accept the application within 7 days, the procuratorate indictment copy before the court 10 days on the defendant may entrust a defender and inform; informed the defendant, the defenders in providing evidence session 5 days ago; 3 days to announce the

2, the public prosecution (suggestions according to the summary procedure): 3 days to accept;

3, the private prosecution: 2 to 15 days to accept.

Identify the parties to court

The presiding judge

A secretary

The presiding judge

The submission of defence

The 10 day

Received the complaint within 15 days from the date of

Do not submit the reply, but the defendant and attorney to provide relevant materials within 5 days before the hearing

Withdrawal

 The same people v.

The plaintiff applies for withdrawal of the case, it shall be ordered by the court

The public prosecution:

1 before the judgment is pronounced, the procuratorate request the withdrawal of the suit, the court review the withdrawal reasons, it shall be ordered by the court.

2 according to the advice of the public prosecutor, the court announced the postponement of the hearing, the procuratorate to the court trial in the recovery without investigation period, according to the procuratorate withdrawing treatment

Private prosecution:

1 before the judgment is pronounced, the private prosecutor voluntary withdrawal, the courtShouldPermission.

By 2 the private prosecutor2 timesLegal subpoena, refuses to appear in court without permission, or withdraw from, the court shall decide to withdraw treatment.

The criminal supplementary civil action:

The plaintiff, the court summons, refuses to appear in court (without justifiable reasons1 times up), or midway without permission by the court adjourned, should according to the withdrawal of treatment.

By withdrawing treatment

 The same people v.

Note the voluntary withdrawal, not withdrawing situation, see handout.

1 the plaintiff (only three) refuses to do so without justified reason, or midway without permission by the court court.

2 not paying the fee for accepting the case.

After withdrawal of treatment

1 and the same facts and reasons to prosecution, shall not be accepted.

There are 2 permitting withdrawal decision error, the plaintiff applies for retrial according to the procedure for trial supervision, shall cancel the original ruling, re trial

1 in respect of the same claim to sue, shall accept the application.

2 cases of divorce, no new reasons, within 6 months of prosecution, shall not be accepted.

3 has only three to participate in the litigation, the plaintiff withdrawing and with the permission of the court, there are only three asAnother plaintiffOriginalThe original, the defendantAsAnother defendantLitigation separately.

1 the court allow procuratorate cases of withdrawal, no new facts, evidence, procuratorate to sue, shall not be accepted.

2In addition to the withdrawal of the outside because of insufficient evidence, private prosecution after withdrawal, the same fact tell, the court shall not accept the. There should be new evidence (accepted)

3 court prosecutor dropped the case, such as the accused by coercive measures, should be lifted immediately

4 the private prosecutor is more than 2 people, some of them the withdrawal of the suit, does not affect the case to continue the trial.

Provisions of private prosecution 5 counter case, the prosecutor withdrawal, does not affect the counterclaim cases.

Deferred trial

1 must appear in court and other participants in the proceedings in court without proper reasons

2 a party to apply for withdrawal

3 need to inform the new witnesses, collect new evidence, re identification, inspection, investigation

4 other should be postponed

1 need to summon new witnesses, collect new evidence, re examination or inspection

The researchers found that 2 of public prosecution, the need for supplementary investigation, suggestion.

3 the parties apply for withdrawal and not on trial

4 special causes, in a long time should not be a trial delivery of special major and complicated cases, the supreme inspection report by the National People's Congress adjourned.

5 identify the people in accordance with the relevant provisions of the court to the defendant refused to defend, the collegial panel shall be permitted

6 if the defendant requests entrust another defender, the collegial panel shall be announced the postponement of the hearing, the defendant shall entrust another defender or by the court to be designatedDefendThe court appointed lawyer lawyer {only}.

7 the public prosecutor shall request the court hearing is postponed:

L       Find facts unclear, insufficient evidence, omitting crime or co suspect, to complement or supplement evidence

L       Find the omission crime or co suspect, do not make the investigation or to provide supplementary evidence, but require additional or modified prosecution

L       Need to notice before the court not to provide the court with the witness list, identification or by the court notice not to appear in court witness statement.

The application of summary procedure cases

No

1, the court applies:The first trial of the basic levelA court or tribunal dispatched by

L       The facts are clear, the rights and obligations clear, simple civil case dispute.

L       The trial is a trial of general procedure, but the parties voluntarily choose to apply summary procedure, the consent of the court of review.

2,Do not apply summary procedure:

(1) sued the defendant One's whereabouts is a mystery

(2) in accordance with the ordinary procedure

(3) the remand and retrial of the case in accordance with the procedure for trial supervision.

(4) joint action of one party or both parties numerous

(5) apply the special procedures, supervision procedure, the procedure of public summons, bankrupt procedure (is the sole)

1, applicable Court: the court of first instance

L       The facts are clear, the evidence; the defendant and lawyer of accused the basic criminal facts without objection; may be sentenced to 3 years in prison, detention, tube, single penalty;'s Procuratorate recommendations or summary procedure applies to agree?

L       Private prosecution cases 2 cases before the

2,Do not apply summary procedure:

1) the deprivation of political rights

2) confiscation of property

3) public prosecution to private prosecution

4) the defendant denies the fact

5) the common crime case more complex

6) the blind and deaf

7) the defendant, defendants pleaded not guilty

The difference: summary trial of general procedure, the final is guiltyJudgment is still the common program} {

Exclusions: blind and deaf and dumb foreign defendants pleaded guilty to death, is not a crime, pleaded not guilty to disagree.

Methods: the method of program proposals, by three party decided

The simple procedure to the ordinary procedure case

No

Time: the simple procedure before the expiry of the period of rotation

Situation.

L       We found that the case is complex

L       The summary procedure applies to put forward reasonable objection

L       The plaintiff to provide the accurate delivery address, but the court not to the defendant served directly or lien served notice (One's whereabouts is a mystery.)

Time limit: from starting the next file.

1, defendant does not constitute a crime;

2, defendant should be sentenced to 3 years in prison;

3, defendant court estoppel, deny the facts of the crime;

4, the fact is unclear, insufficient evidence;

5, other.

L       The trial fromDecisionTo the ordinary procedureThe date ofCalculation.

L       Return the procuratorate files, according to the general procedure to prosecution for procuratorate.

L       Legal documents with "decision"

Participants in the proceedings

With the civil litigation?

Participants in the proceedings =The court, procuratorate

+The participants in the proceedingsThe agent (+)

+Other participants in the proceedings(auxiliary action = witness,The inspectorPeople, people, identification of translation)

The parties, legal representatives, agents, counsel, witnesses, expert witnesses, interpreters

(without the inspector)

Specialized agencies of non litigation participants (the difference between civil procedure):

The public security, procuratorate, the state security organs, prisons, the security departments of the army, the investigation organ for crimes of smuggling (customs) (the first 6 have the power of investigation), the court

Party

The plaintiff, the defendant, the common litigants, third

The plaintiff, the defendant, the common litigants, third,The litigation representative

The victim in public prosecution case ()

The plaintiff) (a case of private prosecution of private prosecution

The suspect (investigation, prosecution stage) the defendant (Trial)

Incidental civil litigation the plaintiff and the defendant

The litigation representative:

L       The unit is a criminal suspect, defendant

L       The litigation representative and change, by the procuratorate to determine.

Third people

The third parties in administrative litigation is only three

To participate in the litigation time: Respondents - the end of the court debate

There are only three: to participate in the litigation, proceedings

       Status: the equivalent of the plaintiff (is a party to the case,The non litigation)

No single three: application to participate in the proceedings or the court notice

       Status: can exercise the right of independent general procedure

       The right of appeal: sentenced to undertake the civil liability

Note: shall not be listed into 4 cases only three       

No

Legal representative

There is relationship between paternity or care and agent

1 guardians of minors: parents, grandparents, siblings, other relatives and friends in adult

2 guardian of mental patient: spouse, parents,Adult children, brothers and sisters, grandparents, grandparents, grandchildren, Sun Zinv (with close relatives range), other relatives and friends

Agent: No, a person with limited capacity

Legal representative: parents,Foster parents,GuardianBear the responsibility to protect, on behalf of the organs of the body

Right: right to challenge, independent right of appeal

The last statement by defendantNot to exercise

Attorney (attorney)

The legal agent, agent ad litem, specify an agent ad litem

Positive: a lawyer

The close relatives of the parties concerned

The relevant social organizations recommend people

Other civil court permission

Negative: a person without capacity for civil conduct

Person with limited capacity for civil conduct

May damage the interests of the principal

The court considered unfit for the litigation representative person

Lawyer

Recommend a social group or unit of the people

Guardian

Relatives and friends

L        The same with the defender, the attention of the relevant provisions of the defenders, see the notes.

The difference in the concept: the 4 man isCan becomeAn agent ad litem, andHave the right to entrust agents ad litemNot the same thing!

What people have the right to entrust agents ad litem:

L       The victim, private prosecutor, the party in an incidental civil action (the plaintiff / defendant)

L       These people's legal representative

L        A close relative of the victim(and to apply for obtaining a guarantor pending rights, rights of appeal)

Scope of near relatives

Civil litigation, more than 1 kinds of people: other support, support relatives

Spouses, parents, children, brothers and sisters, grandparents, grandparents, grandchildren, Sun Zinv (cross)

Spouses, parents, childrenBrothers and sisters.

Trail time limit

3 months from the day of filing the case

If extension is to be approved by the Supreme Court (the Supreme Court, the Supreme People's court to be extended, by approval).

The application for extension shall be submitted to the court, at the same time, submitted to court records.

Special provisions applicable to injection one or two, Administrative Litigation Retrial way of closing and the types of judgment, see handout.

The ordinary procedure

Summary procedure

The special procedure

The ordinary procedure

Summary procedure

Within 6 months of 1, the day of filing the case;

2, extend the special circumstances, be approved by the president of the court, the length of not more than 6 months.

3, but also to extend, be approved by the superior court.

3 months from the day of filing the case

Shall not apply for extension. 

30 days from the day of filing the case, or announcement expiration date

Except for the case of qualifications of voters

1, the public prosecution and the accused in custody of private prosecution: 1 months, no later than 1 months; there is the criminal law article 126th 4 kinds of circumstances, the provincial high court approval or decision, may be extended for 1 months and the longest 2.5 months

2, the defendant has not been detention prosecution: 6 months, the approval of the president of the court, may be extended for 3 months, the longest in September

Only cases of private prosecution can apply summary procedure (except public prosecution to private prosecution): 20 days after accepting it

Can mediate (public prosecution to private prosecution may not mediate)

The 3 kind of private prosecution can be self reconciliation, to withdraw the prosecution

Mediation

Administrative litigation mediation is not applicable to.

Administrative compensation litigation: can mediate.

(1) the mediation is a basic principle in civil litigation, based on a voluntary and lawful, as long as the nature of the case for mediation, the people's court may conduct mediation.

(2) for a divorce case, the people's court must first carry out mediation. Should.

1 mediation:

A tell just processing case

B victim has evidence to prove that they are minor criminal case

C in addition to the procuratorate of incidental civil action

2 no mediationThe public prosecution, third (170thPublic prosecution to private prosecution: the victim has evidence to prove that the violations of their personal, property rights of the defendant's conduct should be investigated for criminal responsibility according to the law, and the public security organ or the people's Procuratorate shall not be investigated for criminal responsibility in the defendant's case)

Retrial of first or second instance, ruling period

A trial:

Within 3 months of 1, the day of filing the case.

2, extended: if extension is needed, by the high court approval. The Supreme Court is a trial, the court approved the report. The application for extension of approval, directly to the court, at the same time reportedThe court record.

The second instance:

1, received make a final judgment within 2 months from the date of the appeal.

Extension 2, special circumstances, shall be approved by the Supreme Court or the Supreme People's court.

Retrial:

According to the first or second instance procedure

A trial:

General procedure: 1, within 6 months from the day of filing the case, there are special circumstances, approved by the president of the court, may be extended for 6 months, also need to extend the approval of the superior court;

Summary: 2, within 3 months from the day of filing the case;

The second instance:

1, theSentenceTheAppealCase: concluded within 3 months from the day of filing the case, special circumstances approved by the president of the court extended;

2, theRuleTheAppealCase: make a final decision within 30 days from the day of filing the case. (can not require extended)

Retrial:

1, according to the procedure of second instance trial or hearing

2, since the retrialThe next dayThe calculation time

Private prosecution cases of ordinary procedure of public prosecution and the accused in custody: 1 months. No later than 1 months, the statutory circumstances, the court approval or decision may be extended for 1 months;

Private prosecution cases of defendants in ordinary procedure is not in custody: 6 months, the approval of the president of the court may be extended for 3 months;

Summary: 20.

Appeal, appeal and appeal the decision, a protested case: 1 months, no more than 1 and a half months, the statutory circumstances, the court approval or decision may be extended for 1 months; the highest appeal, appeal cases accepted by the court decision, the delay.

The judgment time served

In court, should the party within 10 days after the verdict delivered the verdict.

The court announced the verdict, shall within 5 days of the judgment by the parties, the public prosecution Procuratorates

The appeal period

With the civil litigation?

Decision 15 days

Ruled 10 days

Inadmissible, jurisdiction objection, dismissed the prosecution, to reject the application for bankruptcy?TheRuleCan appeal

The necessaryJoint action: to the last man received time calculation

Decision 10 days (the 5 days please Procuratorate, the procuratorate 5 days to decide whether to protest)

Ruled 5 days;

The punishment of civil appeal: Decision 10 days, held 5 days

Separate the people and the punishment of 15 days: decision, ruling 10

Appellate Body

1,The plaintiff, the defendant, third people and their legal agents;

2,Authorized agent.

1, the plaintiff, the defendant, the common litigants;

2, the litigation representative;

3, there are only three

4, the first trial to assume the responsibility of only three

WrittenSubmit the petition: the original, the second instance court can

1, the defendant, private prosecutor and his legal representatives;

2, the defense of the accused person and close relatives, with the consent of the defendant;

3, report of civil litigation and legal representatives shall have the right to report of civil litigation section;

Note

L       The victims and their legal agentsSentenceNot, can only request the ProcuratorateProtest(request), or their right to protestAppeal.

L       The victim, law ofRuleNot, haveAppealRight after the entry into force of such ruling (appeal).

Withdrawal of appeal

Time:The appeal period, withdrawal of appeal,No appeal again

Whether to allow the trial court before the judgment is pronounced,, ruled by the court of second instance

Do not allow a judgment is wrong

The parties colluded harm national, collective, social and public interests, the legitimate rights and interests of other people

L       The appeal, appeal can be withdrawn

L       Before the expiry of withdrawal, according to the date of expiry

L       After the expiration of the period of withdrawal, the permission of the court, the ruling shall take effect as of the date of receipt of the book.

The appeal period, withdrawal of appeal, as long as no appeal period, can still appeal again.

The second instance trial

It's been 2 months

If extension is to be approved by the Supreme Court (the Supreme Court, the Supreme People's court to extend, by approval).

1, the verdict: within 3 months from the day of filing the case concluded; extend the special circumstances need to be approved by the president of the court;

2, is not satisfied with the ruling: make a final decision within 30 days from the day of filing the case. Does not require special extended.

The same instance

The second range

Range:

L       The trial court judge

L       The specific administrative act is legal to conduct a comprehensive review

L       Not subject to appeal to limit the scope.

Second, the administrative organ may not change the original specific administrative act.?

Scope: the appeal, the application of the law review

Exception: exception sentence violates the legal prohibition of interests, public interests or others.

The appellee proposed in the pleadings request, not review

Scope: a comprehensive review

Not subject to appeal or protest, limiting the scope of the.

Appeal not InflictionOnly the accused party appeal (except the procuratorate, the private prosecutor appeals).

The second instance trial

 The facts are clear, can be written trial

Principle: the collegiate bench trial

Exception: the judgment, ruling authority

L       A trial would not hear, dismissed the prosecution, jurisdiction objection ruled the [ruling]

L       The appeal was not a (decision) established

L       Clear in fact finding, erroneous application of the law (Revised)

L       The violation of legal procedures, may affect the correct adjudication, need the remand (order)

The trial:

L       Facts unclear, insufficient evidence

L       Procuratorate

L       The immediate execution of death penalty

No trial (investigative hearing):

After examination, it shall interrogate the defendant, to listen to the other parties and the defenders and agents ad litem, meaning, the fact that there is no change, sufficient evidence

The second instance trial "decision" on the processing of an appeal

1 rejected the appeal, upheld the conviction (Sentence): clear in fact finding, applicationLegal, regulationsCorrect

2 shall be amended according to the law:

L       Facts are clear, but the applicable laws, regulations error

L       The facts are not clear, the evidence is insufficient or due to violation of the statutory procedures may affect the correct judgment of the case, after ascertaining the facts

3 rescind the original judgment, the remand:

L       The facts are not clear, the evidence is insufficient or due to violation of the statutory procedures may affect the correct judgment of the case, they do not find out the facts

L       Omission must participate in the party, litigation request (or leaky judgment to judgment must be sent back)

4 if the mediation is unsuccessful, rescind the original judgment, the remand:

L       Missing is the compensation request, you should first mediation, mediation fails toCompensationRemand.

5 the second party new claim for compensation, should first mediation, mediation fails to inform the prosecuted.

1 rejected the appeal, upheld the conviction (Sentence): clear in fact finding, the applicable law is correct

2 shall be amended according to the law:

L       Clear in fact finding, erroneous application of the law

L       The facts unclear, insufficient evidence,After ascertaining the facts

3 rescind the original judgment, the remand:

L       The facts wrong, or the facts are not clear and the evidence is insufficient, they do not find out the facts

L       Violation of legal procedures, may affect the correct adjudication (without avoidance / not hearing / not summoned)

4 if the mediation is unsuccessful, rescind the original judgment, the remand:

L       Have a trial litigation request, the court did not make trial, judgment

L       Must participate in the proceedings did not participate in the action in the first instance

L       The first trial of second instance shall not divorce, that divorce, and child support, division of property in conjunction with the mediation

1 rejected the appeal, upheld the conviction (Rule): clear in fact finding, the applicable law is correct, appropriate sentencing

2 shall be amended according to the law:

L       Facts are clear, the applicable law is wrong or inappropriate (should) to the

L       The facts are not clear and the evidence is insufficient, find out the facts (can be changed)

3 rescind the original judgment, the remand:

L       The facts are not clear and the evidence is insufficient, they do not find out the facts (can be returned)

L       Serious illegal program, may affect the fair trial should be sent (case)

4 cases of illegal procedure:

L       Violation of the public trial, withdrawal system

L       Deprivation or restriction of the litigation rights of the parties

L       The trial organization composed of illegal

L       Other may affect the fair trial procedures

Second instance of the first "ruling" the processing of an appeal

Use allRule

The 1 appeal was not: the court rejected the appeal

The 2 appeal was established, to cancel the original ruling, make a ruling:

L       Objection to the jurisdiction of the transfer, ruling

L       Inadmissible decision error, ruled that the admissibility

L       Court ruled that there was a mistake, instruction trial court

3 according to the law should not be the court: rescind the original judgment, rejectProsecutionA barge (end)

No

A retrial

L       The effective judgment, ruling

L       Administrative compensation mediation under specific conditions

When the Procuratorate:Have an effective judgment, ruling

The other subjects of retrial: an effective verdict, ruling,Mediation book

The parties filed retrial

The criminal complaint

Should be in the judgment, ruling becomes legally effective after 2 years

Subject: 1 the partiesLegal representative

The 2 time:

L       Principle: the judgment within 2 years after the entry into force

L       Exception: in 2 years, according to legal instruments to make the original decision, ruled that the revocation or modification, and the discovery of the trial in the case when there is corruption, play favouritism and commit irregularities, behavior perverted the law, since theKnow or should knowThe date of 3 months

3 shall apply for a retrial of instruments:

L       The parties for the entry into force of the dissolution of marriage (divorce case judgement on the division of property in the application for retrial, such as property has been treated is retrial, if untreated, told a separate action)

L       According to the non contentious proceedings

L       According to the procedure for trial supervision after hearing upheld (if make a new judgment, can the retrial)

Legal retrial of the parties can, no provisions

The parties may appeal

The main complaints: the parties and their legal representatives

         Near relatives

Complaint: an effective judgment, ruling

The grounds for the appeal:

L       The new evidence that the original judgment, that there is some error

L       There is a contradiction between the original conviction and sentencing evidence is not sufficient, the main evidence

L       Applicable law errors

L       The judicial personnel bribery, play favouritism and commit irregularities, perverting the law

Appeal: no time effective referee after 2 years

Only two level complaint

The parties to the "judgment, ruling" apply for retrial

A, evidence:

1 new evidence, enough to have new evidence (front reverse the original judgment, ruling in detail)

2The basic factsThe lack of evidence, "fact" means:

L       Have a substantial effect on the results of the original judgment, ruling

L       With the parties to determine the subject qualification

L       The nature of the case

L       The main content of specific rights and obligations and civil liability of the facts

3 main evidence is fake

4 main evidence is not evidence of

5 for"The evidence necessary for the trial of the case"The court is not in the legal application, the investigation and collection of evidence

Refers toThe court must case basic facts

Two, the applicable law is wrong:

1 the applicable law and the nature of the case is inconsistent

2 does the civil liability provisions of the parties obviously violates the agreement or law

3 application has failed or not yet law

4 in violation of the law retroactive provisions

5 is a violation of applicable law rules

6 obviously violates the legislative intent

Three, the trial procedure:

1 is a violation of the exclusive jurisdiction, exclusive jurisdiction and other jurisdictional error

2 judicial organization of illegal

The judicial officers shall not evade 3 should be avoided

4 person with no legal capacity without law generation for litigation or should participate in the proceedings, because you cannot blame themselves or their agents ad litem reasons, did not participate in the proceedings

5 party rights deprived debate

6 without the subpoena, default judgment

7 omissions or beyond the litigation request

8 according to legal instruments to make the original decision, ruling is revoked or changed

9 violation of legal procedure may affect the case of the correct decision, ruled that the case

Four, occupation morals:

Judges who take bribes, play favouritism and commit irregularities, perverted the law refers to the behavior (the behavior has been related to criminal legal or disciplinary decided to confirm cases) in the trial of the case

The mediation of retrial

In violation of the principle of voluntary, legal

PartyThe application for retrial procedure

1 toSuperior (intermediate or above)The court retrial petition

2 court within 5 days of the retrial petition copy to each other, the other party shall submit written opinions within 15 days from the date of the receipt. Do not submit written opinions, does not affect the court retrial

3 review:

L       The court date for receiptIt's been 3 monthsThe inner, formed a collegiate bench, around the retrial reason is established for review. If extension is needed, the approval of the president of the court.

L       Apply for retrial established, size for ruling retrial.

L       Not eligible for the reason and duration of the Civil Procedure Law (179, 184), the court rejected the application for retrial.

L       Only the examination of the applications to order, should read the file review.

L       According to the case, to decide whether to ask the parties.

L       In order to haveThe new evidenceTo reverse the original judgment, ruling that the application for retrial,ShouldAsk the parties.

L       In the review process, the other party also apply for a retrial, the retrial should be listed as the applicant, in conjunction with the review.

The case for retrial

The application conditions:

1 of the original judgment, ruling, mediation determinedSubject matter of executionRights advocate

2 cannot bring new litigation to resolve disputes

The effectiveness of the judgment after 3In 2 years

4 self knows or should knowThe harm of interestsThe date ofIt's been 3 monthsThe conditions in (different) of the party applying retrial

5 toOn the levelThe court for retrial

Hear.

The case shall be 1The necessaryThe common litigants

L       According to the procedure of first instance retrial, append it to party, make a new judgment

L       According to the procedure of second instance retrial, not by the mediation agreement, shall revoke the original judgment, the retrial, the retrial additional party for

2 an outsiderNo, not at allNecessary joint litigants

L       Only hearing the legitimacy of objection on the part of the original judgment, and should be based on the trial to reverse the original judgment or to reject the application for retrial related sentenced verdict

L       Revocation of the original sentence related to item, should inform the case and the parties may bring a new lawsuit resolving relevant disputes.

The court for retrial

 No deadlines

1 subject:

L       To the president of the court and the judicial committee of the court

L       The superior court

L       The Supreme People's court

2 court

L       The court decided: the retrial

L       The Supreme People's court, the superior court ruling retrial: arraignment, order the lower court, the court retrial

3 may not order the court retrial case:

L       The court has no jurisdiction

L       The trial in the case when there is corruption, play favouritism and commit irregularities, perverted the law behavior

L       The original judgment, ruling by the court judicial committee discussed made

L       The other is the instruction of court retrial

Subject:

L       All levels of court and the judicial committee

L       The superior court

L       The Supreme People's court

Reason: theTake effectThe referee is wrong

Procuratorate retrial

 No deadlines

Subject: the superior Procuratorate

The Supreme People's Procuratorate, the court, the lower court (judge)

Methods: to lodge an appeal against the court

    Note isAfter the protest, after the entry into force of protest

Reason: with the parties to apply for retrial by the same

Handle.

L       The court after receiving the protest within 30 days from the date of making retrialRule.

L       During the party applying retrial of the case, the procuratorate protest, the courtShould beRuling retrial, retrial retrial applicant specific request should be incorporated into the scope of trial. (protest caused by absorption of parties to apply for a retrial retrial procedure)

The trial court:

L       Principle: the court of appeal

L       Exception: evidence, can be heard by a protest at the same level or lower court

Subject: the superior Procuratorate

The Supreme People's Procuratorate

Time: no limit

The withdrawal of the application for retrial

When the parties to start the retrial:

1 in examining retrial application stage:

L       If the parties apply for withdrawal of retrial, it shall be ordered by the court.

L        The petitionerAfter the subpoena, refuse without justificationQuestioned,You can orderAccording to withdraw the application for retrial process.

The 2 period (already started retrial retrial procedure.):

L       The parties to withdraw the application for retrial, it shall be ordered by the court. Ruling permitted, should put an end to the retrial procedure.

L       The petitioner summons without a subpoena, without justifiable reasonsRefuses to appear in court,Or midway without permission by the court adjourned, can be ruled by automatic withdrawal of retrial application processing.

Procuratorate launched retrial:

L       Procuratorate retrial cases, apply for protest in front of the parties under any of the circumstances, and no damage to the state, the public or the third party interests, the courtIt shall make a ruling to terminateThe retrial procedure.

L       Procuratorate to withdraw the protest, they should be.

Retrial time limit

A retrial according to the procedure of first instance

The second instance retrial according to the procedure of second instance

With the extension of the same

A trial ended, with the procedure of first instance;

The original is the second end, with the procedure of second instance;

Also, according to the procedure of second instance.

From the date of decision retrial concluded 3 months;

To extend, the approval of the president of the court, may be extended for 3 months.

Deadline for application for retrial

In the judgment, ruling after the entry into force 2 years (2 years for the proposed invariant period).

The court, procuratorate retrial: no time limit

The parties, an outsider retrial: 2 years after the entry into force

The punishment has been completely executed within 2 years, the parties mayAppeal

Not 2 years by limiting:

L       The defendant may be innocent

L       The court in the period of time without the acceptance of magic

L       Major, difficult, complex

During the retrial of the original judgment

Shall rule to suspend the execution of the original judgment, form a new collegial panel

Can't stop the execution of the original judgment.