Traditional Culture Encyclopedia - Traditional virtues - Legal procedures for hearing cases in the People's Court
Legal procedures for hearing cases in the People's Court
The statutory procedures for hearing cases in the People's Court are as follows: 1. In the litigation stage, prepare relevant materials required for litigation, write a pleading, and truthfully state the matter in writing; 2. In the acceptance stage, the court will examine the claims and
If the acceptance criteria are met, the court will decide to file the case in accordance with the procedures prescribed by law; 3. In the pre-trial preparation stage, the court will issue a subpoena to the defendant and summon the defendant. During this period, relevant evidence can be presented to each other, and both parties can mediate during this period; 4. Held in court.
At this stage, the court formally accepts the case, conducts investigation of the matter, debates between the two parties, and reviews to the final verdict.
The materials required for prosecution are as follows: 1. Civil complaint; 2. Catalog and copies of main evidence materials; 3. A copy of the plaintiff’s ID card and provide the original for inspection. The agent suing on behalf of the plaintiff should submit a copy of his or her ID card.
and copies of materials proving the relationship with the plaintiff, and the originals are provided for inspection. If there is no ID card, other identification materials are provided; 4. If the plaintiff is a legal person or other organization, it should submit a certificate approved by the industrial and commercial registration and other competent departments, and a certificate issued by the unit.
The identity certificate of the legal representative shall state the position of the legal representative, a copy of the legal representative’s ID card, etc.; 5. To entrust another person to litigate, a clearly authorized power of attorney and a copy of the trustee’s ID card must also be submitted.
And provide original documents for inspection at the same time, close relatives must submit proof of kinship, and other natural persons must submit a recommendation letter issued by a grassroots organization; 6. If a lawyer is entrusted to litigate, a clearly authorized power of attorney and a law firm must be submitted to accept the entrustment.
The certificate, letter and copy of the lawyer's practicing certificate; 7. If a legal worker is entrusted to participate in the litigation, the certificate, letter and copy of the legal worker's practicing certificate of the law firm accepting the entrustment shall be submitted, and the legal worker shall not practice beyond the scope of practice;
8. If the defendant is an entity, provide the defendant’s basic industrial and commercial information.
To sum up, those who apply for prosecution need to submit corresponding evidence materials and indictments in accordance with regulations. The court will hold a hearing as scheduled, conduct a trial and make a judgment, and issue a verdict.
Legal basis: Article 126 of the "Civil Procedure Law of the People's Republic of China" The People's Court shall protect the parties' right to sue in accordance with the law.
Prosecutions that comply with Article 122 of this Law must be accepted.
If the case meets the conditions for prosecution, the case shall be filed within seven days and the parties shall be notified; if the conditions for prosecution are not met, a ruling shall be made within seven days and the case will not be accepted; if the plaintiff is dissatisfied with the ruling, he may appeal.
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