Ask the experts to teach the Civil Procedure Law case study

Question 1: (1) The court erred in making a default judgment in the absence of the parties in the divorce proceedings. According to the provisions of China's Civil Procedure Law.

In divorce proceedings, even if there is a litigant, the parties still have to appear in court. Only if he cannot express his will does not need to appear in court, but his legal ** person should appear in court.

2) The court cannot apply the single-judge trial. Cases that are subject to single-judge trials include summary cases, special procedure cases, public notice cases, and supervision and urging cases. This case is a summary procedure using a single judge.

However, according to the provisions of China's Civil Procedure Law, a single-judge trial is not applicable when the defendant's whereabouts are unknown.

3) There must also be a clerk in the sole judge.

4) The service of litigation documents is that Liu cannot sign on behalf of Li.

Question 2: The right to apply for a retrial. According to Article 179 of China's Civil Procedure Law, the composition of the trial organization is illegal, and the parties who should participate in the litigation do not participate in the litigation because they cannot be attributed to themselves or their litigants, and may apply for a retrial if the violation of legal procedures might affect the fair judgment of the case.

Question 3: The People's Procuratorate of County A should request the People's Procuratorate of a higher level to raise a protest against the People's Procuratorate of County A. The people's court shall accept the case within 30 days of receiving the written counter-appeal.

1. Competent court: the basic people's court where the house is located. Because it is inherited real estate.

2. A: Appellant B: Appellant Both appealed because they were not satisfied with the first-instance judgment.

3. For C's request, mediation shall be carried out first, and if mediation fails, it shall be remanded for retrial. Because C also has inheritance rights in this case, he is a necessary participant in the litigation. Where necessary litigation participants are omitted in the second-instance trial, mediation shall be conducted first, and if mediation fails, remand for new trial.

1.Correct, because Wang Wu and Li Si are neither close relatives nor have other interests, it will not affect the fair trial of the case;

2.Appropriately, according to article 46 of the Civil Procedure Law, when a party submits an application for recusal, it shall explain the reasons and submit it at the beginning of the trial of the case; Where the reasons for recusal are known after the trial of the case has begun, they may also be raised before the conclusion of courtroom debate. Therefore, it is reasonable and appropriate to raise recusal at the time of trial and before the end of the court debate;

3.Appropriately, according to article 47 of the Civil Procedure Law, the recusal of the president when serving as the presiding judge shall be decided by the adjudication committee; The recusal of adjudicators is to be decided by the court president; The recusal of other personnel is to be decided by the chief judge. In this case, Wang Wu is a judge, and the recusal is decided by the court president.

4.In accordance with paragraph 2 of article 46 of the Civil Procedure Law, persons applying for recusal shall suspend their participation in the work of the case until the people's court makes a decision on whether or not to recuse themselves, except where the case requires the adoption of emergency measures.

5.The time is appropriate, and during the reconsideration period, Wang Wu continues to participate in the trial of this case, and in accordance with article 48 of the Civil Procedure Law, the people's court shall make a decision orally or in writing within three days of the party's application for recusal. If the applicant is not satisfied with the decision, he or she may apply for a reconsideration once upon receipt of the decision.

During the period of reconsideration, the person subject to the application for recusal does not stop participating in the work of the case. The people's court shall make a reconsideration decision within three days of an application for reconsideration and notify the applicant for reconsideration.

(1) The court's rejection of Zhang San's application for recusal was correct because Li.

4. There is no interest between Wang Wu, nor is there any other relationship that may affect the fair trial of the case, and Zhang San's application for recusal has no legal basis. (2) According to article 47 of the Civil Procedure Law, an application for recusal may be filed at the beginning of the trial of the case or before the conclusion of the court debate, provided that the reasons are stated. In this case, it was appropriate for the plaintiff to apply for recusal at the stage of argument in court and to give reasons.

3) According to article 47 of the Civil Procedure Law, the recusal of the court president when serving as the presiding judge shall be decided by the adjudication committee; The recusal of adjudicators is to be decided by the court president; The recusal of other personnel is to be decided by the chief judge. In this case, the decision to recuse itself by the president of the court was appropriate. (4) According to Article 46, Paragraph 2 of the Civil Procedure Law, Wang Wu shall cease to participate in the trial of this case, unless the case requires emergency measures.

5) According to Article 48 of the Civil Procedure Law, the people's court shall make a decision orally or in writing within 3 days of the application for recusal submitted by a party. If the applicant is not satisfied with the decision, he or she may apply for a reconsideration once upon receipt of the decision.

During the period of reconsideration, the person who has been applied for recusal does not stop participating in the work of the case. The people's court shall make a reconsideration decision within 3 days of the application for reconsideration and notify the applicant for reconsideration. The time for reconsideration is appropriate, and during the reconsideration period, Wang Wu should continue to participate in the trial of this case.