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If the police station fails to do so, the plaintiff may apply to the court of first instance for compulsory enforcement, and the court will require the police station to make a new administrative act.
Article 96 of the Administrative Litigation Law: Where administrative organs refuse to perform on judgments, rulings, or mediation documents, the first-instance people's courts may employ the following measures:
1) Notify the bank to transfer the fines that should be returned or the amount that should be paid from the account of the administrative organ;
2) Where performance is not performed within the prescribed time limit, a fine of 50 to 100 RMB is to be imposed on the responsible person of the administrative organ on a daily basis from the date of the expiration of the period;
3) Announce the administrative organ's refusal to perform;
4) Submit a judicial recommendation to the Supervision Organ or to the administrative organ at the level above that administrative organ. The organ accepting the judicial recommendation is to handle it in accordance with relevant provisions, and inform the people's court of the disposition;
5) Where they refuse to perform on judgments, rulings, or mediation documents, and the social impact is vile, the directly responsible managers and other directly responsible personnel of the administrative organ may be detained; where the circumstances are serious and constitute a crime, criminal responsibility is pursued in accordance with law.
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The Intermediate People's Court finally revoked the administrative act and asked the police station to make it again, but the police station did not do it, which is an illegal act, and you can complain to the public security bureau or sue the police station for inaction.
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Legal Analysis] If the person who is dissatisfied with or cautious about the public security punishment of the police station may be subject to the provisions of the Public Security Administration Punishment Law: If the penalized person is dissatisfied with the decision of the public security administration department to impose a fine on him, he may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law. Whether the police station can conduct a second mediation mainly depends on the agreement of both parties to mediate, and if the police station agrees, it can conduct a second mediation.
For public security cases caused by civil disputes, if no agreement can be reached through mediation, the offender shall be punished. As for how many mediations and how to mediate, it is decided according to the situation. Where the circumstances are relatively 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 the public security organs mediate and the parties reach an agreement, punishment is not to be given. 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.
Legal basis] People's Mediation Law of the People's Republic of China Article 26: Where people's mediators mediate disputes, and mediation fails, they shall terminate the mediation, and inform the parties that they may protect their rights through arbitration, administrative, judicial, and other channels in accordance with law.
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Legal analysis: When the case is returned to the public security bureau, it means that there is no sufficient evidence to convict the suspect, and it does not meet the conditions for prosecution.
Legal Basis:
Criminal Procedure Law of the People's Republic of China》 Article 175: When the People's Procuratorate examines a case, if it is necessary to supplement the investigation, it may return it to the public security organ for supplementary investigation, or it may conduct its own investigation. In cases where the supplementary investigation is not necessary, the supplemental investigation shall be completed within 1 month. Supplementary investigations are limited to two.
After the supplementary investigation is completed and transferred to the people's procuratorate, the people's procuratorate is to recalculate the time limit for review for prosecution. In cases of supplementary investigation, where the people's procuratorate still finds that the evidence is insufficient and does not meet the requirements for prosecution, it may make a decision not to prosecute.
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Summary. Hello, dear, can be sued for processing, 1. Civil complaint. 2. Catalogue and photocopies of the main evidence materials.
3. One copy of the plaintiff's ID card and the original copy for inspection. If the statutory ** person sues on his behalf, he shall submit a copy of his ID card and a copy of the proof of his relationship with the plaintiff, and at the same time provide the original for inspection. If you do not have an ID card, you should provide other identification materials.
4. If you entrust another person to litigate, you must also submit a power of attorney with clear authorization and a copy of the trustee's ID card, and provide the original for inspection. 5. If the defendant is a unit, provide the defendant's basic information on industry and commerce.
The police station did not finish the handling and went to the court to file a lawsuit, and the court asked the police station to issue a handling opinion.
Hello, dear, the police station did not finish handling the case and went to the court to prosecute, and the Fasong Bureau set up a hospital to let the police station open a handling opinion, which is the process, 1. The police station is responsible for the handling of public security cases and criminal investigation; 2. The premise of civil mediation is that both parties agree to mediation; 3. The initiation of judicial proceedings shall be carried out in accordance with the law; 4. It is recommended to entrust a lawyer** or under the guidance of a person with legal knowledge.
Hello, dear, can be sued for processing, 1. Civil complaint. 2. Catalogue and photocopies of the main evidence materials. 3. One copy of the plaintiff's ID card and the original copy for inspection.
If the statutory ** person sues on behalf of the plaintiff, a copy of his ID card and a copy of the proof of the relationship with the plaintiff shall be submitted, and the original shall be provided for inspection. If you do not have an ID card, you should provide other identification materials. 4. If you entrust another person to file a lawsuit, you must also submit one copy of the authorized entrustment and one copy of the trustee's ID card, and provide the original for inspection.
5. If the defendant is a unit, provide the defendant's basic information on industry and commerce.
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