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It must be signed by the parties to take effect. Except for compulsory enforcement, if the parties cannot be authenticated for some reason, it may be signed by the statutory person to take effect. In accordance with the Criminal Law of the People's Republic of China and relevant judicial interpretations:
In criminal, civil, economic and other cases, after the case is concluded, it must be signed by the closing authority, the judicial department and both parties or unilateral parties to the case. If the party cannot be authenticated, it can be signed by the statutory person to take effect.
Legal analysisAll evidence notified to the parties or provided by the parties to the case-handling organs requires the signature of the parties. There are a lot of paperwork in the execution case. Some documents need to be signed by the parties, such as a certificate of service, etc.
If the party cannot be authenticated, it can be signed by the statutory person to take effect. The authority of the legal person to sign: Since the legal authority is based on parental authority or guardianship, the authority of the legal person is very extensive.
All the litigation rights enjoyed by the person are entitled to be exercised on his behalf, and all the litigation obligations of the person being subjected to litigation shall be performed on his behalf, and all the litigation acts committed by the statutory person shall be regarded as the litigation acts of the person being personally committed, and the litigation acts of the parties shall have the same effect. The legal person is in the same litigation position as the person being subjected to litigation in the lawsuit, and his rights are not restricted, and he has the right to carry out all litigation acts of the person being subjected, and has the right to dispose of both the litigation rights of the parties and the substantive rights of the parties. Such as waiving or admitting litigation claims, settling, reaching mediation agreements, etc.
Legal basisLaw of the People's Republic of China on Public Security Administration Punishments》 Article 9: Where violations of the administration of public security, such as fights or damage to other people's property caused by civil disputes, are relatively minor, the public security organs may mediate and handle them. Where, after mediation by the public security organs, the parties reach an agreement, they are not to be punished. Where no agreement is reached through mediation or no performance is made after an agreement is reached, the public security organs shall punish the violators of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may lawfully initiate a civil lawsuit in the people's court regarding the civil dispute.
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Legal Analysis: Yes. Generally, it is legally effective after signing, and sometimes it can also be signed by the ** person.
Legal basis: Article 9 of the "Law on the Punishment of Public Security Administration" The public security organs may mediate and handle violations of the administration of public security, such as fights or damage to other people's property caused by civil disputes, where the circumstances are relatively minor. Where, after mediation by the public security organs, the parties reach an agreement, they are not to be punished.
Where no agreement is reached through mediation or no performance is made after an agreement is reached, the public security organs shall, in accordance with the provisions of this Law, punish those who violate the administration of public security, and inform the parties that they may file a civil lawsuit in the people's court in accordance with law regarding the civil dispute.
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The signature of the informant is not required when the case is closed. There are generally two situations in which a criminal case is closed:
1. At the end of the investigation, it shall be transferred to the procuratorate for review and prosecution, and finally the court shall make an effective judgment; Closed pose.
2. The public security bureau withdraws the case or makes a decision not to file the case, and does not prosecute within the statute of limitations.
Where, after investigation, it is discovered that there are any of the following circumstances in accordance with the "Provisions on Procedures for the Handling of Criminal Cases by Public Security Organs", the case shall be withdrawn:
1) There are no facts of a crime;
2) The circumstances are obviously minor and the harm is not great, and it is not considered a crime;
3) The statute of limitations for prosecution has already expired;
4) Exemption from criminal punishment by amnesty order;
5) The criminal suspect is deceased;
6) Other cases where criminal responsibility is not pursued in accordance with law.
Where, after investigation, it is discovered that there are facts of a crime that need to be pursued for criminal responsibility, but it is not allowed to be committed by a criminal suspect who has been filed for investigation, or where some of the criminal suspects in a joint crime case are not criminally punished, the investigation of the relevant criminal suspect shall be terminated, and the investigation of the case shall continue as early as possible.
Legal basisArticle 183 of the Provisions on Procedures for the Handling of Criminal Cases by Public Security Organs: Where, after investigation, it is discovered that there are any of the following circumstances, the case shall be withdrawn:
1) There are no facts of a crime;
2) The circumstances are obviously minor and the harm is not great, and it is not considered a crime;
3) The statute of limitations for prosecution has already expired;
4) Exemption from criminal punishment by amnesty order;
5) The criminal suspect is deceased;
6) Other cases where criminal responsibility is not pursued in accordance with law.
Where, after investigation, it is discovered that there are facts of a crime that need to be pursued for criminal responsibility, but it was not committed by the criminal suspect who was filed and investigated, or where some of the criminal suspects in a joint crime case are not criminally punished, the investigation of the relevant criminal suspect shall be terminated and the investigation of the case shall continue.
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Whether the police station needs to sign a case depends on the way in which the case is closed. In the case of mediation, the signature of the parties is required.
Legal basis: Article 9 of the Law on Public Security Administration Punishments: The public security organs may mediate and deal with violations of the administration of public security such as fights or damage to other people's property caused by civil disputes, where the circumstances are relatively minor.
Where, after mediation by the public security organs, the parties reach an agreement, they are not to be punished. If no agreement is reached through mediation or if the agreement is not performed, the public security department shall punish the violator of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may file a civil lawsuit with the people's court in accordance with the law for the civil dispute.
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Legal Analysis: Yes. If the injured party signs, the case can be closed, and if the injured party does not sign, there is no legal basis for closing the case.
According to the relevant laws and regulations, the public security organs may mediate and handle violations of the administration of public security, such as fights or damage to other people's property caused by civil disputes, where the circumstances are relatively minor. Where, after mediation by the public security organs, the parties reach an agreement on the hardship of the mu, no punishment shall be given.
Legal basis: "Public Security Administration Punishment Law of the People's Republic of China" Article 9: Where the circumstances are minor, the public security organs may mediate and handle violations of the administration of public security, such as fights or damage to other people's property caused by civil disputes. Where, after mediation by the public security organs, the parties reach an agreement, they are not to be punished.
Where no agreement is reached through mediation or no performance is made after an agreement is reached, the public security organs shall punish the violator of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may lawfully file a civil lawsuit in the people's court for civil or territorial disputes.
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Legal analysis: If there is a victim in the punishment decision of the police station, the case-handling unit should make a copy of the decision to the victim and have the victim sign on the receipt of service. The victim cannot sign the penalty decision.
For civil losses that have not been compensated, a lawsuit may be filed in the court with the written decision on punishment and relevant materials.
Legal basis: Article 9 of the "Public Security Administration Punishment Law of the People's Republic of China" The public security organs may mediate and handle violations of the administration of public security such as fights or damage to other people's property caused by civil disputes, where the circumstances are relatively minor. Where, after mediation by the public security organs, the parties reach an agreement, they are not to be punished.
Where no agreement is reached through mediation or no performance is made after an agreement is reached, the public security organs shall, in accordance with the provisions of this Law, punish the person who violates the administration of public security in accordance with the provisions of this Law, and inform the parties that they may file a civil lawsuit in the people's court in accordance with law regarding the civil dispute. ”
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Legal Analysis: Signature of the informant is required.
Legal basis: Article 110 of the Criminal Procedure Law of the People's Republic of China: Any unit or individual who discovers the facts of a crime or a criminal suspect has the right and obligation to report or report the case to the public security organs, people's procuratorates, or people's courts. Victims have the right to report or make accusations to the public security organs, people's procuratorates, or people's courts against the facts of a crime or a criminal suspect who violated their rights in person or property.
Public security organs, people's procuratorates, or people's courts shall accept reports, accusations, or reports. Where it is not within their own jurisdiction, it shall be transferred to the competent organs for handling, and the informant, accuser, or informant shall be notified; Where emergency measures must be taken that are not within their jurisdiction, they shall first take emergency measures and then transfer them to the competent organs. The provisions of paragraph 3 apply to the provisions of paragraph 3 where a person who has committed a crime voluntarily surrenders to the public security organs, people's procuratorates, or people's courts.
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