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1. Interpretation. People follow the legal time limits and timelines, and carry out legal acts in accordance with the manner and relationship prescribed by law. In this sense, the legal process has three characteristics:
1. Legal proceedings are required for specific acts.
2. Legal procedures are composed of time and space requirements, in other words, legal procedures are based on legal time and legal space as the basic elements.
3. The legal procedure is formal.
2. Methods of adjustment of legal acts.
First, inhibition. The arbitrariness and randomness of legal acts are overcome and prevented through the temporal and spatial elements of the procedure.
Second, guidance. Through the spatio-temporal elements of the procedure, people's legal acts are guided to continue in time and in space according to certain directions and standards.
Third, mitigation. Through the spatio-temporal elements of the legal process, people's original behavior and psychological conflicts are alleviated, the tension is eliminated, and the orderly conditions are provided for the resolution of disputes.
Fourth, the division of labor. Legal procedures realize the assignment of procedural roles through spatio-temporal elements.
Fifth, infection. A legal procedure can cause the agent to unconsciously submit to a certain state of mind caused by the procedure.
3. The role of the law in the application of law.
First, it is an important mechanism for binding the rights of those who apply the law in legal proceedings.
Second, legal proceedings are an effective measure of rational choice.
Third, legal procedure is also a prerequisite for the adequacy of the conclusion on the application of law.
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In China's laws, the simple procedural laws are: "Civil Procedure Law", "Criminal Procedure Law", "Administrative Procedure Law" and so on.
In addition, many laws in China are a mixture of substance and procedure, such as the Law on Public Security Administration Penalties and the Law on Administrative Licensing.
Most of our laws are a mix of substantive and procedural provisions.
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Hello, in our country's legal system, there is a distinction between substantive law and procedural law, and procedural law is a standard procedural law. Mainly:
Civil Procedure Law, Criminal Procedure Law, Administrative Procedure Law.
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The substantive rights (ownership, creditor's rights, etc.) regulated by the civil substantive law must be realized through the process of trial, and the civil procedure law is the law that arranges the civil trial procedure, which is manifested in the positive law, that is, the civil procedure law or non-litigation event law of various countries, etc.
The criminal procedure law is the law that the state should apply to determine the criminal trial procedure for the people's penal power, and it regulates the conduct of the criminal trial procedure, rather than the criminal law (criminal substantive law) which is a direct prohibition on the people's behavior.
The law of administrative procedure is to regulate the due legal procedures that administrative organs should abide by when engaging in administrative acts, such as the principle of proportionality, the prohibition of differential treatment, the principle of trust protection, and so on.
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Summary. Hello, Legal Analysis: Legal Proceedings:
The specific process of legal procedures is as follows: 1. The prosecution needs to write a civil complaint and provide a copy of the complaint according to the number of defendants; 2. After the complaint is prepared, the prosecution needs to file a lawsuit in the people's court of the jurisdiction. The people's court will review the materials and documents received, and if the conditions are met, it will issue a notice of case filing.
The prosecution needs to go to the case filing court to pay the prosecution fee in advance and submit evidence. Waiting for notice from the court; 3. The people's court will notify the defendant to present evidence within the prescribed time limit, and the failure to present evidence will not affect the law; 4. The people's court sends a summons to notify both parties of the time and place; 5. ** trial; 6. Court judgment.
Legal process, hello, legal analysis: legal procedure: legal procedure, the specific process is as follows:
1. The prosecution needs to write a civil complaint and provide a copy of the complaint according to the number of defendants; 2. After the complaint is prepared, the plaintiff needs to file a lawsuit in the people's court of the jurisdiction. The people's court will review the materials and documents received, and if the conditions are met, a notice of case filing will be issued. If the prosecution needs to be poor, it must go to the case filing court to pay the prosecution fee in advance and submit evidence.
Waiting for notice from the court; 3. The people's court will notify the defendant to present evidence within the prescribed time limit, and the failure to present evidence will not affect the law; 4. The people's court sends a summons to notify both parties of the time and place; 5. ** trial; 6. Court judgment.
Legal basis: Article 122 of the Civil Procedure Law of the People's Republic of China 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 facts and reasons for the lawsuit; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
Article 126 of the Civil Procedure Law of the People's Republic of China: The people's courts shall protect the parties' right to sue in accordance with the provisions of law. Prosecutions that comply with article 122 of this law must be accepted. Where the requirements for initiating litigation are met, the case shall be filed within 7 days, and the parties shall be notified; Where the conditions for suing Trembling Sail are not met, a written ruling shall be made within 7 days and will not be accepted; Where the plaintiff is not satisfied with the ruling, he may file an appeal.
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Summary. Hello, I am happy to answer your question, the so-called legal procedure refers to the corresponding procedure carried out in accordance with the law, for example, in the case of administrative compulsory enforcement, according to the provisions of the Administrative Coercion Law, it is necessary to perform the procedures of making an administrative decision, performing within a time limit, reminding, making an enforcement decision, announcing and other procedures before the implementation of administrative compulsory acts. This is the legal procedure for administrative compulsory enforcement, and other legal procedures are also stipulated by relevant laws.
Looking forward to hearing from you.
Hello, I am happy to answer your questions, the so-called legal procedures refer to the corresponding procedures specified in accordance with the law, such as in the case of administrative compulsory enforcement, according to the provisions of the Administrative Coercion Law, it must be said that the late car must perform the administrative decision, the deadline for performance, the reminder, the enforcement decision, the announcement and other procedures before the implementation of the administrative compulsory act. This is Zheng Shi's legal procedures for administrative compulsory enforcement, and other legal procedures are also stipulated in relevant laws. Looking forward to hearing from you.
Can you tell us more about that?
For example, in the process of land expropriation, according to the provisions of the regulations for the implementation of the Land Management Law, if you want to carry out the expropriation of collective land, you must perform the pre-announcement of land expropriation, carry out the investigation of the current situation of the land to be expropriated, assess the risk of social stability, make the compensation and resettlement of the proposed land acquisition and resettlement party Heng Conghe case, announce the compensation and resettlement plan, solicit opinions for no less than 30 days, and make a decision on expropriation and resettlement and compensation.
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Legal procedures refer to the steps and methods for state organs or relevant units and citizens to perform their duties in accordance with the law and specifically deal with a certain matter within a limited period of time and at a specific stage in accordance with the relevant provisions of relevant laws and regulations; It has a step-by-step, irreversible character.
The legal procedure in civil litigation refers to the plaintiff's lawsuit, and the court decides whether to accept it; After the court accepts the case, the plaintiff pays the litigation fee; The court serves a copy of the complaint and the plaintiff's evidence on the defendant; **Trial; Verdict.
Legal basis. Article 122 of the Civil Procedure Law of the People's Republic of China.
The following conditions must be met for a prosecution:
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 the jurisdiction of the civil court under the jurisdiction of the respondent.
Article 123 of the Civil Procedure Law of the People's Republic of China.
A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants.
Where it is truly difficult to write a complaint, a lawsuit may be filed orally, and the people's court will record it in the record and inform the other party to be the key to the complaint.
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Legal analysis: legal procedures refer to the steps and methods of the law for state organs or relevant units and citizens to perform their duties in accordance with the law and deal with a specific matter in accordance with the relevant provisions of relevant laws and regulations, within a limited period of time and at a specific stage; It has a step-by-step, irreversible character.
Legal basis: "Administrative Coercion Law of the People's Republic of China" Article 61: In any of the following circumstances, where an administrative organ implements administrative compulsion, the administrative organ at the level above or the relevant department shall order corrections, and the directly responsible managers and other directly responsible personnel shall be sanctioned in accordance with law:
1) There is no basis in laws or regulations;
2) Changing the targets, conditions, or methods of administrative compulsion;
3) Violating legally-prescribed procedures to carry out administrative compulsion;
4) Violating the provisions of this Law by carrying out administrative compulsory enforcement at night or on legally-prescribed holidays;
5) Employing methods such as stopping water supply, power supply, heat supply, or gas supply to residents to compel parties to perform on relevant administrative decisions;
6) There are other circumstances of illegally carrying out administrative compulsion.
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