-
Anonymous users2024-02-09Administrative cases, the second instance, the provincial high court has not given a verdict for a long time, can only wait patiently, the current court to hear the case for two years, there are also benefits, in case of misjudgment thoughtful, patience and so on!
-
Anonymous users2024-02-08Regarding Mo Jiling's second appeal, the Hubei Provincial High People's Court has not issued a judgment for more than two months? Why?
-
Anonymous users2024-02-07"Journey to the West" is illusory, and its vertical and horizontal changes, with the ape as the god of the heart, the pig as the heart of the gallop, and its beginning.
-
Anonymous users2024-02-06Those who are not satisfied with the final trial of the second-instance administrative litigation may apply for a retrial. Where a party finds that a judgment or ruling that has already taken legal effect is truly in error, it may apply to the people's court at the level above for a retrial, but enforcement of the judgment or ruling is not suspended.
How long does it take to hear and make a judgment in an administrative lawsuit?
The trial judgment of an administrative lawsuit is generally within 6 months of the filing of the case, and where the summary procedures are used, the trial time is within 45 days from the date on which the case is filed. Buzhou.
Legal basis
Article 90 of the Administrative Litigation Law of the People's Republic of China.
Where a party finds that a judgment or ruling that has already taken legal effect is truly in error, it may apply to the people's court at the level above for a retrial, but enforcement of the judgment or ruling is not suspended.
Article 92.
Where the president of any level of people's court discovers any of the circumstances provided for in article 91 of this Law in a judgment or ruling of that court that has already taken legal effect, or discovers that mediation violates the principle of voluntariness or that the content of the mediation document is unlawful, and finds that a retrial is necessary, it shall be submitted to the adjudication committee for discussion and decision.
Article 205 of the Civil Procedure Law of the People's Republic of China.
Parties applying for retrial shall submit it within 6 months of the judgment or ruling taking legal effect; Where there are circumstances provided for in items 1, 3, 12, or 13 of article 200 of this Law, it is to be submitted within 6 months from the date on which it is known or should have known.
Administrative Litigation Law of the People's Republic of China
Article 8: People's courts shall make a first-instance judgment within 6 months of filing the case. Where there are special circumstances that require an extension, the High People's Court is to approve it, and where the High People's Court hears a first-instance trial case and it is necessary to extend the time limit, the Supreme People's Court is to approve it.
Article 83: Administrative cases applying the summary procedures are to be tried by a single adjudicator, and trial shall be completed within 45 days of the case being filed.
Article 88: People's courts hearing appeals shall make a final judgment within 3 months of receiving the appeal petition. Where there are special circumstances that require an extension, the High People's Court shall approve it, and where the High People's Court hears an appeal case that requires an extension, it shall be approved by the Supreme People's Court.
-
Anonymous users2024-02-05Summary. What to do if you are not satisfied with the second-instance judgment of an administrative lawsuit.
According to article 62 of the Administrative Litigation Law, a party may at any time file a lawsuit with the original people's court or the people's court at the next higher level if it believes that there is indeed an error in a judgment that has already taken legal effect, but the judgment is decided and the enforcement is not suspended. Appeals can only be filed by the parties or their legal ** persons, and others have no right to appeal. If a close relative of a party insists on appealing, the court may solicit the opinions of the party himself; If the person agrees, it shall be handled as a complaint by the party; If I do not agree to the appeal, the appeal will not be handled.
First of all, your question is vague and does not explain whether the nature of the case is civil or criminal, administrative, or special. Therefore, for the time being, I will answer you according to the civil case, if it is a case of other nature, please add an explanation. >>>More
Hello:1Concept:
Administrative cases refer to administrative dispute cases in which citizens, legal persons, or other organizations believe that the administrative acts of a state administrative organ are illegal or improper, infringing upon their lawful rights and interests, and file a lawsuit in accordance with the procedures provided for in the Administrative Litigation Law, and the people's court will file and handle the case. Criminal cases refer to cases in which a criminal suspect or defendant is accused of violating social relations protected by the Criminal Law, and the state files a case for investigation, trial, and imposes criminal sanctions (such as fines, fixed-term imprisonment, death penalty, deprivation of political rights, etc.) in order to pursue the criminal responsibility of the criminal suspect or defendant. 2. >>>More
What are the chances of a reversal of the judgment in the second instance of a civil lawsuit? >>>More
Amazon. Materials required for the second instance, water, electricity, gas, broadband and other bills in the name of the individual or company, license, ID card. >>>More
If the summons is served by mail, then you do not receive it, and the law also considers it to have been received, and if you do not go, the court will hear it in absentia.