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According to the understanding of laws and regulations, the right to sue is yours, of course, you can sue, but after the agreement is signed, according to the relevant provisions of the Contract Law, it can only be revoked unless it can be proved that there is a material misunderstanding, a change in circumstances or obvious unfairness in the signed agreement. Compiled the following related content for your reference:
Article 52 of the Contract Law shall be invalid under any of the following circumstances:
1) One party concludes a contract by means of fraud or coercion, harming the interests of the state;
2) Malicious collusion, harming the interests of the state, the collective, or a third party;
3) Concealing illegal purposes in a lawful form;
4) Harming the public interest;
5) Violating mandatory provisions of laws and administrative regulations.
Article 54 One of the parties shall have the right to request the people's court or arbitration institution to modify or revoke the following contracts:
1) It was concluded due to a major misunderstanding;
2) It is obviously unfair at the time of the conclusion of the contract.
If one party uses fraud, coercion or taking advantage of the danger of others to cause the other party to enter into a contract contrary to its true intentions, the injured party has the right to request the people's court or arbitration institution to modify or revoke it.
Where a party requests a modification, the people's court or arbitration institution must not revoke it.
If the above list is helpful to you, please click on it!
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It is everyone's right to appeal and prosecute, whether they will win or not is another matter.
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The mediation agreement cannot be appealed or re-prosecuted. However, the parties may apply for a retrial of the mediation document. Because once the mediation agreement is reached and both parties have signed the mediation document, the mediation agreement is deemed to have legal effect and cannot be arbitrarily overturned.
However, if the parties are really dissatisfied with the mediation agreement after it has taken effect, they may submit it within six months after the mediation agreement takes legal effect, and if the people's court finds it necessary to retry the mediation agreement after trial, it will rule on a retrial of the mediation agreement.
Legal basis: Article 97 of the Civil Procedure Law of the People's Republic of China: If an agreement is reached through mediation, the people's court shall prepare a mediation document. The mediation document shall clearly state the litigation demands, the facts of the case, and the mediation results.
The mediation document is to be signed by the adjudicators and clerks, affixed with the seal of the people's court, and served on both parties.
The mediation statement shall have legal effect after it is signed and received by both parties.
Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China Article 384: A party's application for retrial of a mediation document that has already taken legal effect shall be submitted within six months after the mediation document takes legal effect.
Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China Article 409: After the people's court rules on the retrial of the mediation document, it shall be handled in accordance with the following circumstances:
1) Where the grounds raised by the parties for mediation violating the principle of voluntariness are not sustained, and the content of the mediation document does not violate the mandatory provisions of law, a ruling is made to reject the application for retrial;
2) Where the reasons for harming the national interest or societal public interest asserted by the people's procuratorate's prosecutorial counter-appeal or retrial procuratorial recommendation are not sustained, rule to end the retrial procedures.
In the circumstances provided for in the preceding paragraph, where the people's court rules that the enforcement of the mediation document suspended needs to be continued, enforcement is to be automatically resumed.
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Legal analysis: After signing a mediation letter at the police station, you can continue to sue, and it is the right of the parties to the dispute to sue in the court, and the mediation of the police station does not have the legal effect of final settlement of the dispute, and the parties can seek to sue the court for resolution.
Legal basis: Law of the People's Republic of China on Public Security Administration Punishments
Article 9: Where the circumstances are more 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 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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If both parties reach an agreement and sign it in the mediation of the police station, but the other party does not fulfill the agreement, you can protect your rights and interests in the following ways:
Negotiate a settlement: You can negotiate with the other party again to get them to fulfill the agreement. If the two parties can reach an agreement on the dispute, they can submit the agreement to the police station for the record, and let the police station supervise and enforce it.
If the other party still refuses to perform, other measures may be considered.
File a lawsuit in court: If the negotiation fails, you can file a lawsuit in your local court to demand that the other party honor the agreement and claim the corresponding compensation. As evidence, you can use materials such as the police station mediation agreement, on-site transcripts, etc.
Seek legal assistance: If you have difficulties in defending your rights or do not understand the legal process, you can seek help from a legal aid agency or lawyer to better understand and defend your rights.
As for the practice of the police station, it needs to be analyzed on a case-by-case basis. According to the relevant provisions of the Public Security Administration Punishment Law, the police station can mediate minor civil disputes, but the mediation agreement itself has no legal effect. If the other party does not perform the mediation agreement, the above measures can be taken to protect its own rights and interests, and at the same time, it can also report the situation to the relevant departments and require them to conduct a legal investigation and handling.
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The mediation agreement will be given to the parties on both sides of the mediation, after the mediation is concluded, if one party does not perform the mediation agreement, it can directly sue the court, and the following litigation materials need to be prepared for the lawsuit
1. One original copy of the civil complaint, and a copy shall be prepared according to the number of defendants;
2. The identity information of the plaintiff and the defendant is clearly visible;
3. The evidentiary materials are mainly the mediation agreement.
Legal basis: Article 119 of the Civil Procedure Law stipulates that 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 repentant 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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If you don't fulfill the agreement, you will sue for civil prosecution, and if it is a personal injury, you will be required to be punished by the police station, and you should sue and prosecute
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Hello, after the police station mediates the unreasonable agreement signed, it is Sensui Cong who can still sue. Because after this mediation, if an agreement is reached or the agreement is not performed, the parties may file a civil lawsuit with the people's court in accordance with the law on the civil dispute. <>
Hello, the legal basis is He Xiang: Article 9 of the Public Security Administration Punishment Law: After mediation by the public security organs, if the parties reach an agreement only by patting potatoes, they will not be punished.
Where no agreement is reached through mediation or no performance is made after an agreement is reached, the public security officer shall punish the violator of the administration of public security in accordance with the provisions of this Law, and shall inform the parties that they may file a civil lawsuit in the people's court in accordance with law regarding the civil dispute. <>
Hello, legal basis: Article 288 of the Criminal and Limb Procedure Law: In the following public prosecution cases, where the criminal suspect or defendant sincerely repents and obtains the victim's forgiveness through means such as congratulating the victim for compensation for losses and making a formal apology, and the victim voluntarily settles, both parties may reconcile
1. Where a criminal case provided for in Chapters 4 and 5 of the Criminal Law of the World is suspected of arising from a civil dispute, and a sentence of up to three years imprisonment might be given. 2. Cases of crimes of negligence other than crimes of dereliction of duty that may be sentenced to up to 7 years imprisonment. <>
Dear, I hope the above can help you
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Hello, I'm honored to answer your <>
According to your question "Can the two parties go to the court to sue after signing the adjustment agreement at the police station", the following is the result of my analysis for you from a legal point of view: Yes, the double return shake can still go to the court to sue after signing the adjustment agreement at the police station. According to the Civil Procedure Law of the People's Republic of China, the parties may still file a lawsuit with the people's court after the mediation agreement is signed, but the mediation agreement shall be performed before the lawsuit is initiated.
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Summary. The mediation agreement of the police station was signed and the case was settled. If you are dissatisfied with the content of the mediation agreement or believe that the mediation is unfair, you may file a lawsuit with the people's court.
After the mediation agreement is reached through mediation by the people's mediation committee, if both parties find it necessary, they may jointly apply to the people's court for judicial confirmation within 30 days of the mediation agreement taking effect, and the people's court shall promptly review the mediation agreement and confirm the validity of the mediation agreement in accordance with law.
Hello. Hello, have you signed the mediation agreement?
I was here because I was fighting because of Bibi, and then I went to the police station today to deal with it, and it wasn't very serious, and then I had a private chat and negotiation in the police station, and then I signed it, and then both sides had already negotiated, and then they told me to report on Tuesday, will there be something dry mountain spring?
Oh, if the mediation agreement is signed, this case is closed.
The mediation agreement of the police station was signed and the case was settled. If you are dissatisfied with the content of the mediation agreement or believe that the mediation is unfair, you may file a lawsuit with the people's court. After the mediation agreement is reached through the mediation of the people's mediation committee, if the parties deem it necessary, they may jointly apply to the people's court for judicial confirmation within 30 days from the effective date of the mediation agreement, and the people's court shall promptly review the mediation agreement and confirm the validity of the mediation agreement in accordance with the law.
In other words, unless the agreement is unfair, then it can be sued again in court.
In other words, the other party agreed to settle, and the amount was lost, and our side also compensated, right?
That's right, and then we're three of us, and we only coincidentally copied two of them today, and the other one didn't know in**, and then the police station told us to report on Tuesday, so there shouldn't be anything.
It's that we drank in Xinzhao KTV, and then we quarreled, and we arrived at the police station today, originally we talked about three people, but one person didn't know that we went to two people in **, and then we also signed a negotiation, and the other party also agreed to settle Wait for a slippery pants to rent and pay him the money, is it okay Then the police station also called us to report on Tuesday, there should be nothing wrong.
And then what is it going to report?
Oh, as long as the other party did not cause serious injuries and the assessment was a minor injury, there is no problem if you obtain a letter of understanding from the other party.
Are you guys three guys fighting together?
Can't that person be found?
I didn't fight, it was the two of them who hit.
Oh, you're saying you're not involved in the war, are you?
Then you didn't participate in the war, why did you still make you lose money?
Did you tell the police station that you didn't do it?
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This will not do, don't worry, you are committing such a thing for the first time, most of the police are persuasion and education, and you still have to think about your future and future. And you have a better attitude of admitting mistakes, and their purpose is to let you learn from them. As long as you can understand what is wrong and correct it, you can grow wise, and your friend's life will gradually mature from continuous lessons and lessons.
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