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Publicity period. YesThe period of time during which a certain object is finally confirmed, and the relevant units announce the relevant information to the public or relevant persons in various ways to hear different opinions.
If someone has any objection to the content of the announcement, they may submit it to the publicity unit. After the publicity period, the unit will make a final decision on the object.
This court accepted the case of () application for declaration of death (), and after investigation: (basic information of the respondent) has been missing for 2 years since () year () month () due to an accident. A missing person notice is hereby issued for a period of 1 year.
It is hoped that ( ) the person or the relevant interested party who knows his whereabouts will contact this hospital. At the end of the announcement period, this court will make a judgment in accordance with law.
Announcement Format:
In order to further standardize the work of publishing court announcements by the people's courts, better reflect the seriousness of the publication of court announcements in newspapers, and use the software system to improve the speed of publication of court announcements, we have researched and formulated the "Common Uniform Format for Publication of Court Announcements in People's Court Newspapers", which has been sent to the Research Office of the Supreme People's Court for review and approval.
The common uniform format for court announcements (concurrently published on the online version of the People's Court Newspaper and the China Court Network) is hereby published, and all local courts are requested to use it when drafting court announcements.
This court has accepted the case of ( ) v. ( ) and hereby announces the service of the complaint on you in accordance with the law.
Copy. 60 days from the date of the announcement). Filing of a Reply.
and the time limit for the presentation of evidence.
Within 15 days and 30 days after the expiration of the announcement period respectively (30 days for foreign-related parties), overdue will be tried in accordance with the law.
Refer to the above content: Encyclopedia - Court Announcement.
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During the announcement period, the defendant could not be found at the address provided by the plaintiff, and the legal documents could not be served. A method of public notice service adopted by the court is to serve the defendant with legal litigation documents by posting a public notice, and when the public notice time is completed, it is deemed to have been delivered to the defendant.
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If there is a time for issuing an announcement or publishing a newspaper, such as when it takes effect, it is determined to be served, etc., and the time from the beginning to the time of entry into force is the period.
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Suggestions: Fourth, sales analysis.
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1. How long is the announcement period?
1. The announcement period is 60 days. Generally, the court will serve a notice of compulsory enforcement on the person subject to enforcement before compulsory enforcement, and only when the written service, mail service, or transfer service cannot be served on the person subject to enforcement, the people's court will adopt the method of public notice service.
2. Legal basis: Article 185 of the Company Law of the People's Republic of China The liquidation group shall notify the creditors within 10 days from the date of establishment and make an announcement in the newspaper within 60 days. The creditor shall, within 30 days from the date of receipt of the notice, and within 45 days from the date of announcement if it has not received the notice, declare its creditor's rights to the liquidation group.
When a creditor declares a creditor's right, it shall explain the relevant matters of the creditor's right and provide supporting materials. The liquidation group shall register the creditor's rights. During the declaration of creditor's rights, the liquidation group shall not pay off the creditors.
Second, the announcement of enforcement procedures?
1. The parties applying for legally effective civil judgments and rulings and criminal judgments and rulings must perform them. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement.
2. The court accepts the case If the parties or interested parties believe that the enforcement act violates the provisions of the law, they may submit a written objection to the people's court responsible for enforcement. Where a party or interested party raises a written objection, the people's court shall review it within 15 days of receiving the written objection, and if the grounds are sustained, rule to revoke or correct it, and where the grounds are not sustained, rule to reject it.
3. Application for reconsideration If the parties or interested parties are dissatisfied with the ruling, they may apply to the people's court at the next higher level for reconsideration within 10 days from the date of service of the ruling. Where the people's court has not enforced the application for enforcement for more than six months from the date of receipt of the application for enforcement, the person applying for enforcement may apply to the people's court at the level above for enforcement. After review, the people's court at the level above may order the original people's court to enforce within the time limit of a regular dismantling wheel, and may also decide that the court will enforce it or order another people's court to enforce it.
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The cases announced by the court are all registered outside the scope of the province or city where the court is located, and since it is beyond the scope of the court's publicity, it is necessary to publicize it through the people's courts, a professional newspaper in the legal system. The newspaper can be operated directly on the mobile phone Zhigaoling Alipay or WeChat applet, and search on the Alipay homepage: run the government, which has ** very detailed provincial and municipal newspapers, and you can choose the people's court newspaper.
You can unify to know and understand
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The announcement period is 30 days, after the expiration of the period, the court generally selects a date to conduct a trial in absentia, and then makes a judgment, and after the court judgment, the judgment is served by announcement, the announcement service period is 30 days, and the appeal period is 15 days, and the judgment officially takes legal effect after the expiration of the time limit. 【Legal basis"Civil Procedure Law of the People's Republic of China" Article 95: Where the whereabouts of the person to be served are unknown, or it cannot be served by other means specified in this section, service shall be announced by public notice. Sixty days from the date of issuance of the announcement shall be deemed to have been served.
Where the public notice is served, the reasons and process shall be noted in the case file. Until January 1, 2022, the announcement period is 60 days. On October 19, 2021, at the 31st meeting of the Standing Committee of the 13th National People's Congress, the decision to change the announcement period from 60 days to 30 days was adopted.
This decision also coincides with the international mainstream announcement period.
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The notice period is a time limit for civil proceedings.
The deadline for public notice of civil litigation is 60 days.
The subject of civil litigation, that is, the litigants, includes the plaintiff and the defendant, the third party in the dust litigation, and the joint litigants.
A plaintiff is the person who files the lawsuit. A defendant is the person who is sued by the plaintiff.
The third party in litigation refers to the right to file a lawsuit against the subject matter of the litigation between the parties, and the third party has the right to file a lawsuit if it believes that it has an independent right to make a claim; Where a third party does not have the right to make an independent claim on the subject matter of the litigation between the parties, but has a legal interest in the outcome of the case, he may apply to participate in the litigation, or the people's court may notify him to participate in the litigation.
Legal basis
Civil Procedure Law of the People's Republic of China
Article 92: Where the whereabouts of the recipient are unknown, or it cannot be served by other means provided for in this section, service is to be announced by public notice. Sixty days from the date of issuance of the announcement shall be deemed to have been served.
Where the public notice is served, the reasons and process shall be noted in the case file. Article 65: Parties shall promptly provide evidence for their own claims.
On the basis of the parties' claims and the circumstances of the trial, the people's courts are to determine the evidence that the parties shall provide and the time limit thereof. Where the parties have real difficulties in providing evidence within that time limit, they may apply to the people's court for an extension of the time limit, and the people's court will appropriately extend it on the basis of the party's application. Where parties fail to provide evidence within the time limit, the people's court shall order them to explain the reasons; Where they refuse to explain the reasons or the reasons are not sustained, the people's courts may reject the evidence based on different circumstances, or give the evidence but give a reprimand or a fine.
Article 90: Where the person to be served is imprisoned, it is to be transferred through the prison where they are located.
Where the recipient is subject to compulsory education measures, it is to be transferred through the compulsory educational institution to which they belong. Article 136:People's courts hearing civil cases shall notify the parties and other litigation participants three days in advance. Where the trial is open, the names of the parties, the cause of action, and the time and place shall be announced.
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Legal analysis: There are strict procedural requirements for the service of public notice, and according to the provisions, if there are any of the following two circumstances in the service of litigation documents by the court, the service of public notice may be applied.
1) There is evidence to prove that the whereabouts of the recipient are unknown;
2) There is no evidence to prove that the whereabouts of the recipient are unknown, but the litigation documents cannot be served on the recipient in accordance with the methods of service provided for in articles 85 to 91 of the "Civil Procedure Law of the People's Republic of China", i.e., direct service, service by lien, service by entrustment, or service by mail.
Legal basis: Article 92 of the Civil Procedure Law of the People's Republic of China: Where the whereabouts of the person to be served are unknown, or it cannot be served by other means provided for in this section, service shall be announced by public notice. Sixty days from the date of issuance of the announcement shall be deemed to have been served.
Where the public notice is served, the reasons and process shall be noted in the case file.
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If a case needs to be served by public notice, then the legal documents served by public notice generally need to be sent by public notice twice, specifically:
1. The first public announcement serves legal documents such as complaints, summonses, and notices of presentation of evidence, with a notice period of two months, plus a period of one month for the presentation of evidence, for a total of three months; If the second notice is to serve the judgment document, if it is a judgment, the announcement period is two months, plus the 15-day appeal period, a total of 75 days, otherwise, if it is a ruling, the appeal period is 10 days, then it is 70 days, and the two announcements have a total of 5 months and 15 days.
Basis of the Law: Article 92 of the Civil Procedure Law of the People's Republic of China: Where the whereabouts of the recipient of service are unknown, or it cannot be served by other means provided for in this section, the public announcement shall be served. Sixty days from the date of issuance of the announcement shall be deemed to have been served.
When the public notice is served, the reason and process shall be noted in the case file.
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1. Announcement refers to the official announcement or public announcement of major events by the group in public. The Regulations on the Handling of Official Documents of Party and Government Organs, promulgated on April 16, 2012 and implemented on July 1, 2012, state that the use of announcements reads: "applicable to the announcement of important matters or statutory matters at home and abroad".
2. It contains two aspects: one is to announce important matters at home and abroad, and announce major actions taken in accordance with policies and laws and regulations; The second is to announce statutory matters at home and abroad, and announce relevant important regulations and major actions at home and abroad in accordance with the provisions of the law.
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