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Anonymous users2024-02-15The special procedures stipulated in China's Civil Procedure Law include the following six types: 1. Voter qualification cases; 2. Cases of declaration of loss or death; 3. Cases in which it is determined that a citizen has no or limited capacity for civil conduct; 4. Cases in which property is found to be ownerless; 5. Confirmation of mediation agreement cases; 6. Cases of realization of security interests.
II. Characteristics of Special Procedures in Civil Litigation 1. Non-litigation: Except for voter qualification cases. 2. The particularity of the trial organization:
The single-judge system is the principle, and the unitary collegial panel is the exception. 3. The particularity of the trial level system and the trial time limit: the trial time limit for the first instance is relatively short.
4. Hierarchical jurisdiction: all basic courts have jurisdiction. 5. Exemption from case acceptance fees.
6. The particularity of the relief mechanism: retrial is not applicable; Bring your own relief.
III. Remedies for Special Procedure Cases1. Where a judgment or ruling is made using the special procedures, and the parties or interested parties feel that there is an error, they may raise an objection to the court that made the judgment or ruling. Where, upon review, the court finds that the objection is sustained or partially sustained, it shall make a new judgment or ruling to revoke or modify the original judgment or ruling; If the objection is not sustained, a ruling is to reject it. 2. If the parties have any objection to the court's ruling confirming the mediation agreement and allowing the realization of the security interest, they shall submit it within 15 days from the date of receipt of the ruling;
Legal basis6. Cases of realization of security interests. Article 177 of the Civil Procedure Law of the People's Republic of China: The provisions of this chapter shall apply to the people's courts hearing cases in which the voter qualifications are qualified, cases in which a citizen is declared missing or dead, cases in which a citizen is found to have no or limited capacity for civil conduct, cases in which property is found to be ownerless, cases in which a mediation agreement is confirmed, and cases in which a security interest is realized.
Where there are no provisions in this Answer Chapter, the relevant provisions of this Law and other laws shall apply.
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Anonymous users2024-02-14Special procedures refer to the special procedures applied by the courts in hearing certain cases of disputes over non-civil rights and interests, which correspond to the ordinary litigation procedures (including ordinary procedures and summary procedures). Unlike the usual litigation procedures, which revolve around certain civil rights and interests disputes, special procedures do not involve specific civil rights and obligations, but the applicant requests the court to confirm the existence of the actual civil rights.
Special procedures shall apply in the following cases:
1) Voter eligibility cases;
2) Cases of declaration of disappearance or death;
3. Cases in which it is determined that a citizen has no or limited capacity for civil conduct;
4. Cases in which property is found to be ownerless;
5. Confirmation of mediation agreement cases;
6. Cases of realization of security interests.
Among them, categories (5) and (6) are newly added cases to the Civil Procedure Law. The purpose of adding provisions for cases of confirmation of mediation agreements is to resolve the convergence between the Civil Procedure Law and the People's Mediation Law. The People's Mediation Law provides for a system of judicial confirmation of mediation agreements, and mediation agreements that have been judicially confirmed have enforceable effect.
Therefore, it is necessary to clarify the special procedures and legal consequences of judicial confirmation of mediation agreements. The purpose of adding provisions for cases of realization of security interests is to resolve the convergence between the Civil Procedure Law and the Property Law, and to clarify the provisions on the subject exercising the right to claim a security interest, the competent court, and the examination of applications for the realization of security interests. Article 177 of the Civil Procedure Law.
The provisions of this chapter apply to the people's courts hearing cases of voter qualifications, cases of declaration of disappearance or death, cases of determination that citizens lack or limited capacity for civil conduct, cases in which property is found to be ownerless, cases in which mediation agreements are confirmed, and cases in which security interests are realized. Where there are no provisions in this chapter, the relevant provisions of this Law and other laws shall apply.
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Anonymous users2024-02-13Legal Analysis: The following six types of cases are subject to special procedures: voter qualification cases; Cases in which Zi Yunbi is declared missing or declared dead; Cases in which it is determined that a citizen has no or limited capacity for civil conduct; Cases in which property is found to be ownerless; Confirmation of mediation agreement cases; Cases of realization of security interests.
Legal basis: "Civil Procedure Law of the People's Republic of China" Article 177: The provisions of this chapter apply to people's courts hearing cases of voter qualifications, cases of declarations of disappearance or death, cases in which citizens are found to have no capacity for civil conduct or limited capacity for civil conduct, cases in which property is found to be ownerless, cases in which mediation agreements are confirmed, and cases in which security interests are realized. Where there are no provisions in this chapter, the relevant provisions of this Law and other laws shall apply.
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Anonymous users2024-02-12Legal analysis: The special procedures stipulated in China's Civil Procedure Law include the following six types:
1) Voter eligibility cases;
2. Cases of declaration of loss or death;
3. Cases in which it is determined that a citizen has no or limited capacity for civil conduct;
4. Cases in which property is found to be ownerless;
5. Confirmation of mediation agreement cases;
6. Cases of realization of security interests.
Legal basis: "Civil Cave Litigation Law of the People's Republic of China" Article 177 The provisions of this Question shall apply to the people's courts hearing cases of electoral qualifications, cases of declaration of disappearance or death, cases of determination of citizens' lack of or limited capacity for civil conduct, cases of determination of ownerless property, cases of confirmation of mediation agreements, and cases of realization of security interests. The relevant provisions of this Law and other laws shall apply to the removal of those not provided for in this Reply.
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Anonymous users2024-02-11The special procedures stipulated in China's Civil Procedure Law include the following six types: 1. Voter qualification cases; 2. Cases of declaration of loss or death; 3. Cases in which it is determined that a citizen lacks the capacity for civil conduct or restricts the ability to exercise concealment in civil conduct; 4. Cases in which it is determined that the property is ownerless; 5. Confirm the mediation agreement of the first belt; 6. Cases of realization of security interests.
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Anonymous users2024-02-10Legal Analysis: The scope of cases applicable to the single-judge system is as follows: (1) Summary procedure.
2) Special procedures, except for cases of first-source voter qualifications or major and difficult cases, the collegial system shall apply. (3) Supervision procedures. (4) In the stage of publicity and reminder, it should be noted that it is not a publicity and reminder procedure.
Legal basis
Civil Procedure Law of the People's Republic of China》 Article 160:Simple civil cases are heard by a single adjudicator, and are not subject to the restrictions provided for in articles 136, 138, and 141 of this Law.
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Anonymous users2024-02-09Cases to be tried using the special procedures include: cases of voter qualifications, cases of declaration of a citizen's disappearance, cases of a citizen's death, cases of determination that a citizen has no capacity for civil conduct, cases in which a citizen has limited capacity for civil conduct, and cases in which a citizen's property is found to be ownerless. In addition, according to the provisions of the General Principles of the Civil Law of the People's Republic of China, the appointment or revocation of guardianship cases are also non-litigation cases in nature, and the people's courts should hear such cases in accordance with the relevant provisions of the special procedures.
In accordance with the provisions of the Code of Civil Procedure, the scope of application of special procedures is specific. The specificity of the correction is manifested in the following aspects: First, the people's courts to which specific courts apply special procedures are specific, that is, they are limited to basic level people's courts, and people's courts at or above the intermediate level do not apply special procedures.
Secondly, the cases to which the special procedures apply to specific cases are specific, i.e., limited to voter eligibility cases and non-litigation cases. In these two types of cases, there is no dispute over civil rights and obligations, and there is no conflict of interest between the two parties. The special procedures stipulated in China's Civil Procedure Law include the following six types:
1) Voter eligibility cases; 2) Cases of declaration of disappearance or death; 3. Cases in which it is determined that a citizen has no or limited capacity for civil conduct; 4. Confession of the case of Wang touching the ownerless property; 5. Confirmation of mediation agreement cases; 6. Cases of realization of security interests.
Legal basis: Article 177 of the Civil Procedure Law Scope of Application The provisions of this chapter shall apply to the people's courts hearing cases of voter qualifications, cases of declaration of disappearance or death, cases of determination of citizens' lack of or limited capacity for civil conduct, cases of determination of ownerless property, cases of confirmation of mediation agreements, and cases of realization of security interests. Where there are no provisions in this chapter, the relevant provisions of this Law and other laws shall apply.
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