Litigation participants who undertake the function of complaining

Updated on society 2024-07-27
10 answers
  1. Anonymous users2024-02-13

    Participants in criminal proceedings include: parties, victims, private prosecutors, criminal suspects, defendants, plaintiffs and defendants in attached civil litigation, and legally-designated persons, litigants, defenders, witnesses, evaluators, and translators. Civil litigation participants include:

    Litigation participants, including parties, plaintiffs, defendants, co-litigants, third parties, litigants, legally-designated persons, entrusting persons, participants, witnesses, appraisers, inquest personnel, and translators.

    Legal analysisThe following persons are litigation participants who undertake litigation functions: Administrative litigation participants include: litigation participants (parties and litigation personnel) and witnesses, evaluators, inquest personnel, and translators.

    Other litigation participants in litigation refer to litigation participants other than the parties who participate in litigation according to the circumstances of the case and the needs of the litigation. Specifically, it includes: (legal ** person.

    The legal person refers to the person who participates in the litigation in accordance with the provisions of the law, including the parents, adoptive parents, guardians and representatives of the organs and organizations responsible for protection. Litigant ** person. The litigant refers to the person who accepts the entrustment of the person to participate in the litigation.

    Defender. Defender refers to a person who accepts the entrustment of a criminal suspect or defendant or their legally-designated person in litigation, or is designated by a people's court to defend a criminal suspect or defendant. Witness.

    A witness is a person who, in addition to the parties, understands the facts of the case and testifies to the judicial authorities. Witnesses must testify truthfully, be questioned and cross-examined, and be held legally responsible for concealing criminal evidence and giving false testimony. Appraiser.

    An evaluator refers to a person who is appointed or hired by a judicial organ to use his or her specialized knowledge and skills to identify and judge specialized issues in a case. Evaluators have the right to know the facts of the case, and have the right to collect corresponding fees and obtain economic compensation. Translators.

    Interpreters refer to those who are appointed or hired by judicial organs to interpret languages and texts in litigation. Translators have the right to be informed of the case and to be remunerated accordingly.

    Legal basisCriminal Procedure Law of the People's Republic of China》 Article 108: The following terms in this Law have the following meanings: (1) "Investigation" refers to the work carried out by public security organs and people's procuratorates in criminal cases in accordance with the law to collect evidence, ascertain the facts of the case, and relevant compulsory measures; (2) "Parties" refers to victims, private prosecutors, criminal suspects, defendants, plaintiffs and defendants in attached civil litigation; (3) "Legally-designated persons" refers to the parents, adoptive parents, guardians, and representatives of organs and organizations with the responsibility to protect; (4) "Litigation participants" refers to parties, legally-designated persons, litigants, defenders, witnesses, evaluators, and translators; (5) "Litigators" refers to victims of public prosecution cases and their legally-designated persons or close relatives, private prosecutors in private prosecutions and persons entrusted by their legally-designated persons to participate in litigation on their behalf, and parties to attached civil litigation and persons retained by their legally-designated persons to participate in litigation on their behalf; (6) "Close relative" means husband, wife, father, mother, son, daughter, siblings.

  2. Anonymous users2024-02-12

    The function of prosecution refers to the function of exposing and proving crimes to the people's courts and requesting that the people's courts determine the punishment of the defendants. The existence of the prosecution function is mainly based on the objective needs of the state to punish crimes, and the main subjects of its exercise mainly include: public prosecutors, private prosecutors, and victims.

    However, the complainant who is a participant in the proceedings does not include the public prosecutor.

  3. Anonymous users2024-02-11

    Public prosecution organs, investigative organs, victims and their legally-designated persons, close relatives and litigants, private prosecutors and their legally-designated persons, close relatives and litigants.

  4. Anonymous users2024-02-10

    Parties to administrative and civil cases and their attorneys.

    Public prosecutors and prosecutors in criminal cases.

  5. Anonymous users2024-02-09

    The litigation participants in criminal cases are: parties, legally-designated persons, litigators, defenders, witnesses, evaluators, and translators. The litigants in civil cases are:

    Parties, joint litigants, third parties, litigants, witnesses, appraisers and translators. Procuratorates, private prosecutors, victims, and their ** persons are litigation participants who can undertake the function of making a complaint.

    Legal basis: Civil Procedure Law of the People's Republic of China

    Article 164:Where parties are dissatisfied with the first-instance judgment of a local people's court, they have the right to appeal to the people's court at the level above within 15 days of the judgment being served. Where a party is dissatisfied with the first-instance ruling of a local people's court, it has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served.

    Article 165:An appeal petition shall be submitted. The internal judgment of the appellate petition shall include the names of the parties, the names of the legal persons and their legally-designated representatives, or the names of other organizations and their principal responsible persons; the name of the original people's court, the case number, and the cause of action; Request and grounds for appeal.

  6. Anonymous users2024-02-08

    Criminal litigation participants include: parties (victims, private prosecutors, criminal suspects, defendants, plaintiffs in attached civil litigation and Peihuai defendants) and other litigation participants (statutory persons, litigants, defenders, witnesses, appraisers and translators); Among them, the litigation participant who undertakes the prosecution function is the procuratorate.

  7. Anonymous users2024-02-07

    Parties, legal persons, litigants, defenders, witnesses, appraisers, and translators are litigation participants who undertake litigation functions. According to Article 108 of the Criminal Procedure Law of the People's Republic of China, the following terms in this Law have the following meanings: (1) Investigation refers to the work of collecting evidence, ascertaining the facts of the case, and relevant compulsory measures carried out by the public security organs and people's procuratorates in criminal cases in accordance with the law; (2) "Parties" refers to victims, private prosecutors, criminal suspects, defendants, plaintiffs and defendants in attached civil litigation; (3) "Legally-designated persons" refers to the parents, adoptive parents, guardians, and representatives of organs and organizations with the responsibility to protect; (4) "Litigation participants" refers to parties, legally-designated persons, litigants, defenders, witnesses, evaluators, and translators; (5) "Litigation person" refers to the victim of a public prosecution case and his or her legally-designated person or close relatives, the private prosecutor of a private prosecution case and the person entrusted by his or her legally-prescribed person to participate in the litigation on his behalf, and the parties to an attached civil lawsuit and the person entrusted by the legally-prescribed person to participate in the litigation on their behalf; (6) "Close relative" means husband, wife, father, mother, son, daughter, siblings.

    Code of Criminal Procedure

    Article 108.

    The following terms in this Act shall have the following meanings:

    1) "Investigation" refers to the work of public security organs and people's procuratorates in collecting evidence and ascertaining the facts of the case in accordance with the law in criminal cases, as well as relevant compulsory measures;

    2) "Parties" refers to victims, private prosecutors, criminal suspects, defendants, plaintiffs in attached civil lawsuits, and defendants in the balance register;

    (3) "Legally-designated persons" refers to the parents, adoptive parents, guardians, and representatives of organs and organizations with the responsibility to protect;

    (4) "Litigation participants" refers to parties, legally-designated persons, litigants, defenders, witnesses, evaluators, and translators;

    (5) "Litigators" refers to victims of public prosecution cases and their legally-designated persons or close relatives, private prosecutors in private prosecutions and persons entrusted by their legally-designated persons to participate in litigation on their behalf, and parties to attached civil litigation and persons retained by their legally-designated persons to participate in litigation on their behalf;

    6) "Close relatives" means husbands, wives, fathers, mothers, sons, daughters, siblings.

  8. Anonymous users2024-02-06

    Parties, legal persons, litigants, defenders, witnesses, appraisers, and translators are litigation participants who undertake litigation functions. According to Article 108 of the Criminal Procedure Law of the People's Republic of China, the following terms in this Law have the following meanings: (1) Investigation refers to the work carried out by the public security organs and the people's procuratorate in accordance with the law to collect evidence, ascertain the facts of the case, and take relevant compulsory measures in criminal cases; (2) "Parties" refers to victims, private prosecutors, criminal suspects, defendants, plaintiffs and defendants in attached civil litigation; (3) "Legally-designated persons" refers to the parents, adoptive parents, guardians, and representatives of organs and organizations with the responsibility to protect; (4) "Litigation participants" refers to parties, legally-designated persons, litigants, defenders, witnesses, evaluators, and translators; (5) "Litigators" refers to victims of public prosecution cases and their legally-designated persons or close relatives, private prosecutors in private prosecutions and persons entrusted by their legally-designated persons to participate in litigation on their behalf, and parties to attached civil litigation and persons retained by their legally-designated persons to participate in litigation on their behalf; (6) "Close relative" means husband, wife, father, mother, son, daughter, siblings.

    Article 108 of the Criminal Procedure Law: The following terms in this Law have the following meanings: (1) "Investigation" refers to the work carried out by public security organs and people's procuratorates and registrars in criminal cases in accordance with the law, such as collecting evidence and ascertaining the facts of the case, as well as relevant compulsory measures; (2) "Parties" refers to victims, private prosecutors, criminal suspects, defendants, plaintiffs and defendants in attached civil litigation; (3) "Legally-designated persons" refers to the parents, adoptive parents, guardians, and representatives of organs and organizations with the responsibility to protect; (4) "Litigation participants" refers to parties, legally-designated persons, litigants, defenders, witnesses, evaluators, and translators; (5) "Litigators" refers to victims of public prosecution cases and their legally-designated persons or close relatives, private prosecutors in private prosecutions and persons entrusted by their legally-designated persons to participate in litigation on their behalf, and parties to attached civil litigation and persons retained by their legally-designated persons to participate in litigation on their behalf; (6) "Close relatives" means husbands, wives, fathers, mothers, sons, daughters, siblings.

  9. Anonymous users2024-02-05

    The following persons are litigants who perform litigation functions:

    1. Participants in criminal litigation include: parties Gao Xian (victims, private prosecutors, criminal suspects, defendants, plaintiffs and defendants in attached civil litigation) and other litigation participants (statutory persons, litigators, defenders, witnesses, appraisers and translators);

    2. Participants in civil litigation include: litigation participants, including parties (plaintiffs, defendants, joint litigants, third parties) and litigants (statutory litigants, entrusting persons), and other litigation participants (witnesses, appraisers, inquest personnel and translators);

    3. Participants in administrative litigation include: litigation participants (parties and litigation personnel) and witnesses, appraisers, inquest personnel and translators.

    In accordance with the Code of Criminal Procedure

    Article 108.

    The following terms in this Act shall have the following meanings:

    4) Litigation participants refer to parties, legally-designated persons, litigants, defenders, witnesses, evaluators, and translators.

    In accordance with the Code of Civil Procedure

    Article 48: Parties' capacity for litigation rights.

    Citizens, legal persons and other organizations may be parties to civil litigation.

    Article 57: Legally-prescribed persons.

    A person who lacks the capacity to litigate shall be represented by his guardian as a legal person.

    Article 58: Entrusting ** person.

    The parties and legally-designated persons may entrust one or two persons as litigants.

    Article 108 of the Criminal Procedure Law of the People's Republic of China The following terms in this Law have the following meanings:

    1) "Investigation" refers to the work of public security organs and people's procuratorates in collecting evidence and ascertaining the facts of the case in accordance with the law in criminal cases, as well as relevant compulsory measures;

    (2) "Parties" refers to victims, private prosecutors, criminal suspects, defendants, plaintiffs and defendants in attached civil litigation;

    (3) "Legally-designated persons" refers to the parents, adoptive parents, guardians, and representatives of organs and organizations with the responsibility to protect;

    (4) "Litigation participants" refers to parties, legally-designated persons, litigants, defenders, witnesses, evaluators, and translators;

    (5) "Litigators" refers to victims of public prosecution cases and their legally-designated persons or close relatives, private prosecutors in private prosecutions and persons entrusted by their legally-designated persons to participate in litigation on their behalf, and parties to attached civil litigation and persons retained by their legally-designated persons to participate in litigation on their behalf;

    (6) "Close relative" means husband, wife, father, mother, son, daughter, siblings.

  10. Anonymous users2024-02-04

    Parties, legal persons, litigants, defenders, witnesses, appraisers, and translators are litigation participants who undertake litigation functions. According to Article 108 of the Criminal Procedure Law of the People's Republic of China, the following terms in this Law have the following meanings: (1) Investigation refers to the work carried out by the public security organs and the people's procuratorate in accordance with the law to collect evidence, ascertain the facts of the case, and take relevant compulsory measures in criminal cases; (2) "Parties" refers to victims, private prosecutors, criminal suspects, defendants, plaintiffs and defendants in attached civil litigation; (3) "Legally-designated persons" refers to the parents, adoptive parents, guardians, and representatives of organs and organizations with the responsibility to protect; (4) "Litigation participants" refers to parties, legally-designated persons, litigants, defenders, witnesses, evaluators, and translators; (5) "Litigators" refers to victims of public prosecution cases and their legally-designated persons or close relatives, private prosecutors in private prosecutions and persons entrusted by their legally-designated persons to participate in litigation on their behalf, and parties to attached civil litigation and persons retained by their legally-designated persons to participate in litigation on their behalf; (6) "Close relative" means husband, wife, father, mother, son, daughter, siblings.

    Article 108 of the Criminal Procedure Law: The following terms in this Law have the following meanings: (1) "Investigation" refers to the work carried out by public security organs and people's procuratorates and registrars in criminal cases in accordance with the law, such as collecting evidence and ascertaining the facts of the case, as well as relevant compulsory measures; (2) "Parties" refers to victims, private prosecutors, criminal suspects, defendants, plaintiffs and defendants in attached civil litigation; (3) "Legally-designated persons" refers to the parents, adoptive parents, guardians, and representatives of organs and organizations with the responsibility to protect; (4) "Litigation participants" refers to parties, legally-designated persons, litigants, defenders, witnesses, evaluators, and translators; (5) "Litigators" refers to victims of public prosecution cases and their legally-designated persons or close relatives, private prosecutors in private prosecutions and persons entrusted by their legally-designated persons to participate in litigation on their behalf, and parties to attached civil litigation and persons retained by their legally-designated persons to participate in litigation on their behalf; (6) "Close relatives" means husbands, wives, fathers, mothers, sons, daughters, siblings.

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