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Civil litigation is one of the basic types of litigation. The courts, with the participation of the parties and other participants in the proceedings, hear the activities of settling civil cases and the sum total of the litigation relations arising from such activities.
Article 101 of the Judicial Interpretation of the Supreme People's Court on the Civil Procedure Law Where a party fails to provide evidence within the time limit, the people's court shall order it to explain the reasons and, when necessary, may require it to provide corresponding evidence.
Where a party fails to provide evidence within the time limit due to objective reasons, or the opposing party does not raise an objection to the late provision of evidence, it is deemed that it has not expired.
Article 102:The people's courts will not accept evidence provided by parties within the time limit due to intentional or gross negligence. However, where the evidence is related to the basic facts of the case, the people's court shall give a reprimand and fine in accordance with the provisions of article 65 and paragraph 1 of article 115 of the Civil Procedure Law.
Where the parties do not intentionally or grossly negligently provide evidence that they have provided within the time limit, the people's courts shall admonish the parties.
Where one party requests that the other party compensate for additional expenses such as transportation, lodging, meals, lost work, or witnesses appearing in court to testify as a result of the late provision of evidence, the people's court may support it.
Extended Information: Features of Civil Procedure:
1) Civil litigation includes not only the trial activities conducted by the court in accordance with the law, but also the litigation activities conducted by the parties and other litigation participants in accordance with the law, and the litigation legal relationship between the court and the litigation participants in these activities;
2) the trial activities of the court play a decisive role in the beginning, development and conclusion of civil litigation, and the litigation activities of both parties have a great impact on the beginning, development and conclusion of civil litigation;
3) The whole process of civil litigation is composed of several stages with their own central tasks, centering on the basic task of resolving civil disputes, and each stage is connected to each other and carried out in succession. There are different theories of foreign litigation on the meaning of civil litigation. Civil law countries generally consider civil litigation to be a procedure in which a court protects its private law interests at the request of a party.
Common law countries have paid little attention to this issue and have few clear explanations.
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Hello, the answer is AB, arbitration and notarization are carried out in the Bureau of Justice, only AB is conducted in the court, civil litigation is a judicial act, CD does not belong to the category of justice. Hope mine can help you.
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Answer]: b, c, d, e
This question examines the parties to civil litigation. In a broad sense, civil litigants include the original plaintiff, the defendant, the co-litigant, and the third party.
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Answer]: b, c, d, e
This question examines the parties to civil litigation. The parties to civil litigation in a broad sense include plaintiffs, defendants, co-litigants and third parties.
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Answer]: Hit the early block
2021 Edition: Textbook P339, 2020 Edition: Textbook P338, 2019 Edition: Textbook P337
In a broad sense, the parties to Xiaohu civil litigation include plaintiffs, defendants, co-litigants, and third parties.
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Answer] :d litigation in civil disputes can be divided into: litigation for confirmation, litigation for payment, and litigation for modification.
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Answer]: C According to Article 144 of the Interpretation of the Supreme People's Court, if the victim or his statutory ** person or close relatives only file an attached civil lawsuit against some of the joint infringers, the court shall inform them that they may sue the other joint infringers together, except for those who are at large. It can be seen that A is incorrectly stated.
In accordance with the provisions of Article 148 of the Supreme People's Court's Interpretation of the Supreme People's Court, where the parties have reached an agreement and performed in full after mediation by the public security organs and procuratorates, and then file an attached civil lawsuit, unless the mediation violates the principles of voluntariness and legality. Therefore, b is misstated. In accordance with Article 160 of the Interpretation of the Supreme People's Court, if the court allows the procuratorate to withdraw the indictment, it may conduct mediation in respect of the attached civil lawsuit that has already been filed. Where mediation is not appropriate or no agreement can be reached through mediation, a ruling shall be made to reject the lawsuit.
Therefore, the expression of the hidden slip d is incorrect. According to Article 301 of the Interpretation of the Supreme People's Court, the period of appeal for the attached civil part shall be determined according to the time limit for criminal prosecution, regardless of whether the attached civil part is tried together with the criminal part or tried separately. So, C is correct.
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The litigation obligations of civil litigants include submitting a complaint to the court, paying litigation fees, providing evidence that can prove their claims, attending court hearings on time, abiding by court rules, and fulfilling their obligations under the judgment or mediation document.
Article 64 of the Civil Procedure Law of the People's Republic of China: Parties have the responsibility to provide evidence for their own claims. The people's court shall investigate and collect evidence that the parties and their litigants are unable to collect on their own for objective reasons, or evidence that the people's court finds necessary for the trial of the case. The people's courts shall comprehensively and objectively review and verify evidence in accordance with the legally-prescribed procedures for the slag.
Article 118 of the Civil Procedure Law of the People's Republic of China: Parties conducting civil litigation shall pay case acceptance fees in accordance with provisions. In addition to the case acceptance fee, other litigation fees shall be paid in accordance with regulations. Article 120 of the "Civil Procedure Law of the People's Republic of China" A complaint shall be submitted to the people's court for a lawsuit, and a copy shall be submitted in accordance with the number of defendants.
Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.
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Answer]: The CA item is incorrect. From the perspective of the social relations regulated by the Civil Procedure Law, the Civil Procedure Law is a departmental law.
Item B error. Judging from the status of the Civil Procedure Law in China's socialist legal system, the closure of the Civil Procedure Law is the basic law. Item C is correct, item D is incorrect.
Judging from the content of the Civil Procedure Leniency Law, the Civil Procedure Law is a procedural law. Therefore, C. Do it with caution.
Definition of the object of proof in civil litigation: The object of proof, also known as the object of proof, refers to the fact that the subject of proof uses certain methods of proof to prove the essential facts determined by the substantive legal norms that are disputed between the parties. The object of proof in civil litigation refers to the facts of the case proved by the people's court and the litigation participants using evidence. >>>More
Answers]: a, b, d, e
2021 Textbook P314 2020 Textbook P312 >>>More
According to Article 88 of the Provisions of the Supreme People's Court on Several Issues Concerning the Enforcement Work of the People's Courts (for Trial Implementation), if multiple creditors who have determined the content of monetary payment in multiple effective legal documents separately apply for enforcement against the same person subject to enforcement, and each creditor has no security interest in the subject matter of enforcement, they shall be compensated in accordance with the order in which the enforcement court takes enforcement measures. Where multiple creditors have different types of claims, claims based on ownership and security interests have priority over monetary claims. Where there are multiple security interests, the repayment shall be made in accordance with the order in which each security interest is established. >>>More
1 Civil litigation is of a public nature.
Civil litigation is the judicial settlement of disputes between equal subjects, and the court exercises judicial power to resolve civil disputes on behalf of the state. It is different from the people's mediation committees of the nature of mass autonomous organizations to resolve disputes through mediation, and it is also different from the arbitration committees of a non-governmental nature to resolve disputes by arbitration. >>>More
The facts and reasons mainly state the specific content of the dispute between you and the defendant and the relevant reasons for your claim. There are a large number of pleadings in the library, and you can look for references that are similar to your case.