Article 185 of the Civil Procedure Law and Article 187 of the Civil Procedure Law are interpreted

First, the people's court decides on a retrial case ex officio. Including: cases submitted by the presidents of all levels of people's court to the adjudication committee for discussion and decision on retrial; The Supreme People's Court decides to bring cases to trial or order a lower people's court to retry a judgment or ruling of a local people's court at any level that has already taken legal effect, or a higher people's court to a judgment or ruling of a lower people's court that has already taken legal effect.

After a decision is made to retrial, the court that made the decision to retry shall rule to suspend the enforcement of the original judgment.

Second, the people's court rules on a retrial case based on the application of the parties. In cases where a retrial is ruling, whether it is retried by that court, another court at a lower level, or the original trial court for retrial, the people's court that made the ruling for retrial is to suspend the enforcement of the original judgment in the same ruling.

Third, the case in which the people's court rules for retrial based on the people's procuratorate's counter-appeal. In cases where a retrial is decided, the people's court accepting the procuratorial counter-appeal is to suspend the enforcement of the original judgment at the same time as the retrial ruling, regardless of whether the retrial case is heard by the people's court accepting the prosecutorial counter-appeal or transferred to the people's court at the level below for trial in accordance with law.

Article 185:After a people's court accepts a case of a declaration of disappearance or death, it shall issue a public notice searching for a person whose whereabouts are unknown. The period for the declaration of disappearance is three months, and the period for the declaration of death is one year. Where the whereabouts of the citizen are unknown due to an accident and it is proved by the relevant authorities that the citizen is unlikely to survive, the period for announcing the death shall be three months.

At the completion of the public notice period, the people's court shall make a judgment declaring the disappearance or death or rejecting the application based on whether the facts of the declaration of disappearance or death have been confirmed.

Article 187 of the Civil Procedure Law refers to the determination that a citizen has no capacity for civil conduct, which has an impact on the establishment and effectiveness of civil acts.

Legal basis: Article 187 of the Civil Procedure Law of the People's Republic of China provides that an application for a determination that a citizen lacks or has limited capacity for civil conduct shall be submitted by his close relatives or other interested parties to the basic level people's court at the place of the citizen's domicile. The application shall clearly state the facts and basis for the citizen's lack of or limited capacity for civil conduct.

Answer: 1. Article 108 of the Civil Procedure Law stipulates that a lawsuit must meet the following conditions:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and within the jurisdiction of the people's court. 2. Article 111 stipulates: People's courts must accept lawsuits that comply with Article 108 of this Law; The following prosecutions are to be handled in separate circumstances:

1) Where it falls within the scope of administrative litigation in accordance with the provisions of the Administrative Litigation Law, inform the plaintiff to initiate an administrative lawsuit; 2) If, in accordance with the provisions of law, the parties voluntarily reach a written arbitration agreement on a contract dispute and apply to an arbitration institution for arbitration, and must not file a lawsuit in the people's court, inform the plaintiff to apply for arbitration to the arbitration institution; (3) Inform the plaintiff to apply to the relevant authorities for resolution of disputes that should be handled by other sock finger section organs in accordance with the provisions of law; (4) In cases that are not within the jurisdiction of that court, inform the plaintiff to file a lawsuit with a people's court with jurisdiction over the matter; (5) In cases where a judgment or ruling has already taken legal effect, and the parties file another lawsuit, inform the plaintiff to handle it in accordance with the appeal, except for the people's court's ruling to approve the withdrawal of the lawsuit; (6) Cases that are not to be prosecuted within a certain period of time in accordance with the provisions of law, and where a lawsuit is filed within the time limit for which no prosecution is to be initiated, it will not be accepted; (7) In cases of divorce that is not allowed and reconciliation is made through mediation, or cases in which the adoption relationship is maintained through judgment or mediation, where there are no new circumstances or new grounds, and the plaintiff files another lawsuit within six months, it shall not be accepted.

Article 147 of the Civil Procedure Law stipulates that if a party is dissatisfied with the first-instance judgment of a local people's court, he or she has the right to appeal to the people's court at the next higher level within 15 days from the date of service of the judgment, and if a party is dissatisfied with the first-instance ruling of the local people's court, he has the right to appeal to the people's court at the next higher level within 10 days from the date of service of the ruling. The time limit for appeal shall be calculated from the second day after the judgment and ruling are served on the parties.

Where the judgment or ruling cannot be served on the parties at the same time, the time limit for appeal is calculated from the day after each party receives the judgment or ruling. In second-instance criminal cases, the second-instance people's court shall conduct a comprehensive review of the facts ascertained in the first-instance judgment and the applicable law, and shall not be restricted by the grounds and scope of the appeal. In criminal appeal cases, the second-instance trial court must not increase the defendant's punishment.

In second-instance civil cases, the court of second instance shall conduct a review based on the relevant facts and applicable law of the parties' above-mentioned requests, and where the parties have not submitted a request, they will not be reviewed; However, the first-instance judgment violates legal prohibitions or infringes upon the public interest or the interests of others. In private prosecution cases, the victim, as a private prosecutor, has the right to appeal the first-instance judgment of the people's court. According to the laws of our country, private prosecution cases include three types of cases, that is, cases that are handled only after complaint; Minor criminal cases in which the victim has evidence to prove it; Cases where the victim has evidence showing that the victim's conduct violating his or her personal or property rights shall be pursued for criminal responsibility in accordance with law, but the public security organs or people's procuratorate do not pursue the defendant's criminal responsibility.

This type of private prosecution case must meet the following three conditions at the same time, that is, the defendant has committed a criminal act and shall be investigated for criminal responsibility in accordance with law; The victim has evidence to prove it; The public security organs or people's procuratorates do not pursue the case, that is, the public security organs or people's procuratorates do not file and investigate the report, accusation, or report, or withdraw the case, or do not prosecute.

Article 213 of the Criminal Procedure Law: In the course of litigation, the defendant in a self-suing case may raise a counterclaim against the private prosecutor. The provisions on private prosecution shall apply to counterclaims. Article 210 of the Criminal Procedure Law: Private prosecution cases include the following cases:

1) Cases that are handled only upon complaint; (2) Minor criminal cases in which the victim has evidence; (3) Cases where the victim has evidence showing that the defendant's conduct violating his or her own rights in person or property shall be pursued for criminal responsibility in accordance with law, but the public security organs or people's procuratorate do not pursue the defendant's criminal responsibility.