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Then it depends on the reason why the daughter sues her mother, and if the conditions for filing a case are met, the court will file the case.
The conditions for filing a case are divided into civil and criminal conditions:
Requirements for filing a civil case: 1. The plaintiff is a citizen, legal person or other organization with 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 people's court receiving the lawsuit.
Requirements for filing a criminal case: (1) The case shall be under the jurisdiction of that organ in accordance with law; (2) After reviewing the case** materials (accusation, report, voluntary surrender, etc.), there are indeed criminal facts; (3) Criminal responsibility needs to be pursued according to the circumstances of the crime. If the case does not fall within its own jurisdiction, it shall be transferred to the competent authority.
If there are no facts of the crime, or the facts of the crime are obviously minor, and there is no need to pursue criminal responsibility, the case will not be filed.
Article 119 of the Civil Procedure Law: The following conditions must be met for a lawsuit:
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 people's court receiving the lawsuit.
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Daughter-in-law. Whether or not a case can be filed against the mother, according to the circumstances, the case cannot be filed. Ann criminal disputes. It is possible to file a case. It doesn't matter if it's a mother or someone else. Yes. Filing a case.
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You can prepare the required materials and submit. If the court refuses, they will give reasons.
Personal curiosity: Mom is older, what is the problem that can only be solved if there is a legal process?
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You are asking a very unprofessional question, what case, what situation, what reason is a criminal case or a civil case?
Inexplicably, I don't know what I'm asking.
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Legal analysis: Children help their parents to fight lawsuits, which can be entrusted by their parents, and it is legal for Sui Shenliang to entrust his children as ** people, and there are clear legal provisions.
Legal basis: Article 58 of the Civil Procedure Law of the People's Republic of China The parties and the statutory ** person may entrust one or two persons as the first person in the litigation. The following persons may be appointed as litigants:
1) Lawyers and basic-level legal service workers;
2) The close relatives or staff of the parties;
3) Citizens recommended by the parties' communities, units, and relevant social groups.
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Legal Analysis: Yes, legally you and your mother are independent subjects, and both can use the law to protect themselves.
Legal basis: Civil Code of the People's Republic of China Article 1 Article 1085 After divorce, one party shall bear part or all of the necessary living or sailing expenses and education expenses for the children raised by one party, and the amount of the expenses and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
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Legal Analysis: Yes, legally you and your mother are independent subjects, and you can use the law to protect yourself.
Legal basis: Article 1085 of the Civil Code of the People's Republic of China Article 1085 After divorce, the other party shall bear part or all of the necessary living expenses and education expenses for the children raised by one party, and the amount of the expenses and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
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Legal analysis: Children help their parents in lawsuits, but they can be entrusted by their parents without being entrusted, and it is legal to entrust children as ** people, and there are clear legal provisions.
Legal basis: Civil Procedure Law of the People's Republic of China Article 58 The parties and legally-designated persons may entrust one or two persons as the litigants. The following persons may be appointed as litigants:
1) Lawyers and basic-level legal service workers;
2) The party's relatives or staff members;
3) Citizens recommended by the parties' communities, their private seats, and relevant social groups.
This needs to come from the heart, think about the good of your parents.
A mother is the closest person, and a mother's love is the greatest love.
Personally, I think so
But like LS, I don't have much legal knowledge >>>More
Pure Korean fashion. Pure Korean style.
These will be in special episodes. >>>More
Accompany her more, after a long time, there will be feelings, children's home, who takes and who kisses, it is best to play with her first, when you are familiar, you will not be a stranger, and you will like you.