The time relationship between reporting and filing??? 5

What we usually call reporting a crime refers to the conduct of organs, groups, enterprises, public institutions, and citizens (including victims) who will report to the public security organs the facts of a crime or a criminal suspect that they discover. The "Opinions of the Ministry of Public Security on Reforming and Improving the System for Accepting and Filing Criminal Cases" clearly stipulates the time limit for public security organs to handle criminal cases for filing and review: in principle, the time limit for filing and reviewing criminal cases shall not exceed 3 days; Where leads on suspected crimes need to be verified, the period for case filing and review is not to exceed 7 days; In major, difficult, and complex cases, the period for case filing and review may be extended to 30 days upon approval by the responsible person at a public security organ at the county level or above.

In cases where the public security organs review and decide not to file the case and there is an accuser, the public security organs shall draft a written notice of not filing the case and send it to the accuser within 3 days. Where the accuser is dissatisfied with the decision not to file a case, they may apply for a reconsideration to the public security organ that made the decision within 7 days of receiving the notice of non-filing; The public security organs shall make a decision within 7 days of receiving the application for reconsideration, and notify the accuser in writing. Where the accuser is dissatisfied with the reconsideration decision not to file a case, they may apply for a review to the public security organ at the level above within 7 days of receiving the reconsideration decision; The public security organ at the level above shall make a decision within 7 days of receiving the application for review.

Legal basis: Article 2 of the "Opinions of the Ministry of Public Security on Reforming and Improving the System for Accepting and Filing Cases" is that the time limit for filing and reviewing criminal cases is not to exceed 3 days in principle; Where leads on suspected crimes need to be verified, the period for case filing and review is not to exceed 7 days; In major, difficult, and complex cases, the period for case filing and review may be extended to 30 days upon approval by the responsible person at a public security organ at the county level or above. Where laws, regulations, rules, and so forth have other provisions on the time limit for case filing and review, follow those provisions.

Where, after a decision is made not to accept a case and file a case, new facts and evidence are discovered, or it is discovered that the facts originally ascertained were erroneous, and it is necessary to pursue administrative or criminal responsibility, the case shall be promptly accepted and filed.

First of all, if you report the case, it does not necessarily mean that the public security organs will file a case.

The Criminal Procedure Law of the People's Republic of China stipulates that two conditions must be met to file a case: There are criminal facts. The facts of the crime need to be investigated for criminal responsibility in accordance with the law.

If there are facts of a crime, but the law provides that criminal responsibility should not be pursued, a case cannot be filed. In any of the following circumstances, criminal responsibility is not pursued and a case cannot be filed; where the case has already been pursued, the case shall be withdrawn, or not prosecuted, or acquitted. Where the circumstances are obviously minor and the harm is not great, it is not considered a crime.

The statute of limitations for prosecution has already expired. Those who have been exempted from punishment by amnesty order. Where a complaint is a crime under the Criminal Law, and the complaint is not made or the complaint is withdrawn.

The defendant is already deceased. Other laws and regulations provide for exemption from criminal responsibility.

After the case is filed, the public security organs and people's procuratorates begin to investigate ordinary cases; Private prosecution cases are directly heard by the people's courts; If there are no facts of a crime, or criminal responsibility should not be pursued in accordance with law, the case is not to be filed.

The Civil Procedure Law of the People's Republic of China stipulates that if a people's court receives a complaint or an oral complaint, and after examination, finds that it should be accepted, it shall file the case within 7 days; If it is found that it should not be accepted, the plaintiff shall be notified within 7 days and the reasons shall be explained.

For criminal cases, it is based on the Provisions on the Procedures for Handling Criminal Cases by Public Security Organs (promulgated by Order No. 35 of the Ministry of Public Security on May 14, 1998).

Article 163:In cases where there is an accuser, and a decision is made not to file the case, the public security organs shall draft a "Notice of Not Filing the Case" and serve it on the accuser within 7 days.

It can be seen that the time limit for filing a criminal case is also seven days.

It is not known whether the specific case is a civil case or a criminal case, but it is generally seven days.

If you think that a case should be filed but the public security organ or the people's court has not filed the case, you can apply for administrative reconsideration.

Why is it only 5 points, extra points, I have been playing for so long.

"Reporting" refers to the activities of citizens discovering the facts of a crime or the offender reporting to the judicial organs.

"Case filing" refers to the activities of judicial organs, after accepting a report, after review, confirming that it is a criminal act, and deciding to conduct an investigation.

It can be seen that the case is reported before the case is filed.

Legal basis: The "Provisions on Procedures for the Handling of Criminal Cases by Public Security Organs" stipulates that Article 167: Public security organs shall register the relevant evidentiary materials provided by the person who turned them in, reported the case, the accuser, the informant, or the person who voluntarily surrendered, and made a list of the materials to be accepted, and signed by the person who turned them in, the person who reported the case, the accuser, the informant, and the person who voluntarily surrendered. When necessary, photographs or audio or video recordings shall be taken, and properly kept.

Article 175:Where, after public security organs accept a case, upon review, find that there are facts of a crime that need to be pursued for criminal responsibility and that they are within their jurisdiction, they are to file the case with the approval of the responsible person at a public security organ at the county level or above; Where it is found that there are no facts of a crime, or that the facts of the crime are obviously minor and do not need to be pursued for criminal responsibility, or that there are other circumstances in which criminal responsibility is not pursued in accordance with law, the case is not to be filed with the approval of the responsible person at a public security organ at the county level or above.

If the evidence is conclusive, a case can be filed immediately.

After the police station reports the case, it will generally file the case within three days, and if the case is suspected of criminal clues that need to be verified, the case will be filed within seven days; If the case is a major or difficult case, the case will be filed within 30 days of approval, and the public security organ will notify the accuser regardless of whether the case is filed or not.

According to article 175 of the "Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs", after accepting the case, if the public security organ finds that there are criminal facts that need to be pursued for criminal responsibility, and that it is under its own jurisdiction, the case shall be filed with the approval of the responsible person of the public security organ at the county level or above; Where it is found that there are no facts of a crime, or that the facts of a crime committed in the wilderness are obviously minor and do not need to be pursued for criminal responsibility, or that there are other circumstances in which criminal responsibility is not pursued in accordance with law, the case is not to be filed with the approval of the responsible person at a public security organ at the county level or above. In cases where there is an accuser, and a decision is made not to file the case, the public security organs shall draft a notice not to file the case and serve it on the accuser within 3 days.

1) For cases reported by the public, the public security organs should register on the spot, accept the materials for reporting and reading the case, and issue a receipt for receiving the report;

2) The time limit for public security organs to accept a report, accusation, report, or voluntary surrender of a criminal case is generally to decide whether to file a case within 7 days;

3) For major or complex leads, the time limit for case filing and review may be extended to 30 days with the approval of the responsible person for the county-level public security organ;

4) The time limit for public security organs to file and review criminal cases transferred by administrative law enforcement organs is to begin the review within three days, with the general review period being 10 days and the longest period being 30 days.

2. Legal basis: Article 110 of the Criminal Procedure Law.

1.Under normal circumstances, the time limit for public security organs to file and review criminal cases in which they accept a report, accusation, report, or voluntary surrender is to decide whether or not to file the case within 7 days. 2.

For major or complex leads, the period for case filing and review may be extended to 30 days upon approval by the responsible person for a county-level public security organ. 3. For particularly major or complex leads, the time limit for case filing and review may be extended to 60 days with the approval of the responsible person for a public security organ at the prefectural (municipal) level. 4.

The time limit for public security organs to accept the filing and review of criminal cases transferred by administrative law enforcement organs is to begin the review within three days, with the general review period being 10 days and the longest period being 30 days.

Article 55 of the Supreme People's Court's Interpretation on the Application of the "Administrative Litigation Law of the People's Republic of China" In accordance with the provisions of Article 51 or Article 51 of the Administrative Litigation Law, the people's court shall conduct a review of whether the content and materials of the complaint are complete and whether they meet the requirements for initiating litigation as stipulated in the administrative litigation regulations. Where the content or materials of the complaint are insufficient, the people's court shall give guidance and explanation, and comprehensively inform the parties of the content that needs to be supplemented and corrected, the materials to be supplemented, and the time period at one time. Where it is supplemented and corrected within the designated time period and the requirements for initiating litigation are met, the case shall be registered and filed.

Where a party refuses to supplement and correct or still does not meet the requirements for initiating litigation after supplementation and correction, the complaint is returned and recorded in the record; where prosecution is persistent, a ruling is made not to file the case, and the reasons for not filing the case are to be clearly stated.