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Procedures for filing, summons, trial, judgment, etc.
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Legal analysis: 1. The judgment rejects the plaintiff's claim;
2. The judgment is revoked or partially revoked, and the defendant may be ordered to take a new administrative act;
3. Judgment that the defendant should perform his duties within a certain period of time;
4. Judgment that the defendant fulfills the payment obligation;
5. The judgment confirms the illegality, but does not revoke the administrative act;
6. The judgment confirms the invalidity of the administrative act;
7. The judgment orders the defendant to take remedial measures; where losses are caused to the plaintiff, the defendant is to be found liable for compensation in accordance with law;
8. The judgment changes the amount of punishment;
9. Judgment that the defendant bears the responsibility of continuing to perform, taking remedial measures, or compensating for losses;
10. Judgment to give compensation.
Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 204:In the course of a court trial, in any of the following circumstances that affect the conduct of the trial, the trial may be postponed: (1) it is necessary to notify new witnesses to appear in court, collect new physical evidence, or conduct a new appraisal or inquest; (2) Where procurators discover that a case initiated for public prosecution needs to be supplemented with investigation, and make recommendations; (3) Where trial cannot be conducted due to an application for recusal.
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Legal Action:
1. According to the relevant provisions of the Civil Procedure Law of the People's Republic of China, the trial time limit for the people's courts to apply ordinary procedures to hear first-instance civil cases is 6 months; Where there are special circumstances that require an extension, it may be extended for 6 months with the approval of the president of that court; where it is necessary to extend, it shall be reported to the higher court for approval;
2. The trial time limit for cases applying the summary procedures is 3 months and cannot be extended, and if the trial cannot be completed within 3 months, it will be transferred to ordinary procedures for continued trial.
3. People's courts hearing second-instance civil cases are to apply the ordinary procedures, and for appeals against judgments, the trial time limit is 3 months, and where there are special circumstances that need to be extended, the president of that court is to approve it; The time limit for adjudication of appeals is 30 days and cannot be extended. The trial time limit for retrial in cases retried in accordance with the trial supervision procedures is determined on the basis of the applicable procedures, the trial time limit for retrial in accordance with the first-instance trial procedures is to be applied to the ordinary procedures of the first instance, and the trial time limit for the second-instance trial procedures is to be applied where the retrial is to be retried in accordance with the second-instance trial procedures.
Criminal Prosecution: 1. In first-instance public prosecution cases under ordinary procedures, the verdict shall be announced within one month of acceptance, and must not exceed one and a half months at the latest. In special circumstances, an extension of one month may be granted upon approval or decision of the high people's court of the province, autonomous region, or directly governed municipality.
2.In cases applying the simplified procedures at trial, the people's courts shall complete trial within 20 days of accepting it.
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Hello, the trial process includes five links: court investigation, court debate, mediation, and verdict. ** time the judge will find out the identity information of the parties and ** person, and then the court investigates, both parties respectively state the litigation claims and defense opinions, present evidence and cross-examine evidence to understand the cause of the matter, and after the court investigation, the court debates around the focus of the dispute summarized by the judge. If the parties are not willing to mediate, the court will announce the verdict at a later date.
In this case, the lending institution required Ms. Huang to repay the joint debts of the husband and wife, and the debts of the husband and wife needed to be determined. According to the provisions of the Civil Code, the joint debts of husband and wife mainly include:
1. Debts incurred based on a common expression of intent, such as debts jointly signed by both parties or later recognized by one of the husband and wife. Clause.
(2) Debts incurred by the spouses for the daily needs of the family. Clause.
(3) Debts incurred by one of the spouses in excess of the daily life of the family, and it can be proved that the debts are incurred for the common life of the husband and wife, joint business or based on the joint intention of the husband and wife.
Article 1064 of the Civil Code: Debts borne by the husband and wife jointly signed or recognized by one of the husband and wife afterwards, as well as debts incurred by one of the husband and wife in his or her own name for the daily needs of the family during the existence of the marital relationship, belong to the joint debts of the husband and wife.
Debts incurred by one of the spouses in his or her own name during the duration of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.
Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China (1).
Article 33 Where a creditor claims rights against the debtor's spouse in respect of the personal debts incurred by one party before marriage, the people's court shall not support it. However, the creditor can prove that the debt was incurred for the common life of the family after the marriage.
Article 34: Where one of the husband and wife colludes with a third party to fabricate a debt, and the third party claims that the debt is a joint debt of the husband and wife, the people's court will not support it.
Where a third party claims that the debts incurred by one of the husband and wife in the course of gambling, drug abuse, or other illegal or criminal activities are joint debts of the husband and wife, the people's courts are not to support them.
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The trial process includes the first trial and the second trial. The first instance includes service, period of evidence, exchange of evidence, clearance of the imperial formality, and judgment. Then the answer is the appeal, the second instance.
What exactly do you want to ask?
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Criminal Procedure Law: Article 110 [Review and Handling of Case Filing Materials, Case Filing Requirements] The legal basis for not filing a case The people's courts, people's procuratorates, or public security organs shall promptly conduct a review of the materials for reporting, accusing, reporting, and voluntary surrender in accordance with the scope of their jurisdiction, and when they find that there are criminal facts that need to be pursued for criminal responsibility, they should file the case as soon as possible; When it is found that there are no facts of a crime, or that the facts of the crime are obviously minor, and it is not necessary to pursue criminal responsibility, the case is not to be filed, and the accuser is to be notified of the reasons for not filing the case. If the accuser is not satisfied, he may apply for reconsideration.
Article 307 of the Criminal Law provides that anyone who uses violence, threats, bribery, or other methods to prevent witnesses from testifying or instructs others to give false testimony shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; where the circumstances are serious, the sentence is between three and seven years imprisonment. Those who assist parties in destroying or fabricating evidence, and the circumstances are serious, are to be sentenced to up to three years imprisonment or short-term detention. Where judicial personnel commit the crimes in the preceding two paragraphs, they are to be given a heavier punishment.
Case filing, presentation of evidence, **, judgment, second instance, and enforcement.
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