First instance procedure 3360
1. The conditions for prosecution in civil litigation stipulate that the plaintiff must have civil capacity, have a direct interest in the case; have a confirmed defendant; and have a clear Make a claim; file an action in a court of competent jurisdiction.
2. After the court review and acceptance, a copy of the indictment will be served to the defendant;
3. The defendant shall submit a defense within fifteen days, and the court will submit the defense within five days A copy was served on the plaintiff. If the defendant fails to submit a statement of defense, it will not affect the trial;
4. The court shall notify the parties and make an announcement three days before deciding to open the hearing;
5. The court investigation stage includes the statements of the parties: copy file; inform witnesses of their rights and obligations, provide testimony, read out the testimony of witnesses who are not present in court; present documentary evidence, physical evidence, and audio-visual materials; read out the appraisal conclusion; read the interrogation transcript;
6. The court debate includes the plaintiff and his litigation agent 33,360 speeches by persons; responses to defendants and their agents; speeches or responses from third parties and their agents; mutual debates. At the end of the court debate, the presiding judge should consult the parties for their final opinions in the order of the plaintiff, defendant, and third party;
7. At the end of the court debate, a judgment should be made in accordance with the law. If mediation is possible before judgment, mediation can also be done. If mediation fails, a judgment shall be made promptly.
8. Announce the verdict.
Second-instance procedure:
1. If the party concerned is dissatisfied with the first-instance judgment of the basic people's court, he or she has the right to appeal to the higher-level people's court within fifteen days from the date of delivery of the judgment. If the party concerned is dissatisfied with the first-instance ruling of the local people's court, he or she has the right to appeal to the higher-level people's court within ten days from the date of delivery of the ruling. The appeal shall be filed through the people's court that originally tried the case, and copies shall be submitted according to the number of parties or representatives of the other party. If a party appeals directly to the People's Court of second instance, the People's Court of second instance shall transfer the appeal to the People's Court of original instance within five days;
2. Court acceptance;
3. Trial The procedure is basically the same as that of the first instance, with the main difference being the scope and content of the review.
Civil litigation fee standards
Civil cases are divided into property cases and non-property cases. In property cases, legal fees are charged in proportion to the amount or price of the claim.
According to the claimed amount or price, the property shall be paid in the following proportions:
1. If the price does not exceed 10,000 yuan, 50 yuan per item;
2 . The portion exceeding 654.38 million yuan to 654.38 million yuan shall be paid at 2.5;
3. The portion exceeding 654.38 million yuan to 200,000 yuan shall be paid at 2;
4. The portion exceeding 20 The portion from 10,000 yuan to 500,000 yuan is paid at 1.5;
5. The portion exceeding 500,000 yuan to 6,543,800 yuan is paid at 654.38 0;
6. The portion exceeding 654.38 0 The portion between 10,000 yuan and 2 million yuan is paid at 0.9;
7. The portion exceeding 2 million yuan to 5 million yuan is paid at 0.8; 8. The portion exceeding 5 million yuan is paid at 654.38 The portion exceeding 654.38 million yuan shall be paid at a rate of 0.7; 9. The portion exceeding 654.38 million yuan to 20 million yuan shall be paid at a rate of 0.6;
10. The portion exceeding 20 million yuan shall be paid at a rate of 0.5 Pay.
Non-property cases will be compensated according to the following standards:
1. Divorce cases range from 50 yuan to 300 yuan. Involving property division, if the total property does not exceed 200,000 yuan, no additional payment will be made; the portion exceeding 200,000 yuan will be paid at a rate of 0.5.
2. In case of infringement of personal rights such as name rights, name rights, portrait rights, reputation rights, honor rights and other personal rights, compensation shall be 100 yuan to 500 yuan. If damage compensation is involved, the amount of compensation shall not exceed 50,000 yuan, and no additional payment is required; the part exceeding 50,000 yuan to 6.5438 million yuan shall be paid at 654.38 0; the part exceeding 654.38 million yuan shall be paid at 0.5.
3. Other non-property cases range from 50 yuan to 100 yuan.
In intellectual property civil cases, if the amount or price is not disputed, 1,000 yuan will be charged for every 500 yuan; if the amount or price is disputed, payment shall be made according to the standards for property cases.
4. 10 yuan is paid for each labor dispute case.
Civil litigation lawyer fees:
1. Agency for civil litigation cases
(1) Cases not involving property relations, 3,000 yuan/case, of which
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For the 100,000 yuan portion, the maximum amount shall not exceed 0.4, and shall be determined through negotiation between the two parties.
If the case involves both property and non-property relationships, the calculation will be based on the higher level.
(3) The second-instance case will be charged according to the charging method and standard determined in the first instance. However, if the second instance case has been entrusted with fees in the previous stage, the fees will be reduced by half at the current stage.
(4) For cases involving property relations, if risk agency is implemented through negotiation between both parties, the maximum fee shall not be higher than 30% of the actual property interest obtained by the client.
Two. Acting as an agent in criminal proceedings
(2) Investigation stage (including application for bail pending trial), 2,000 yuan/case;
(3) Review and prosecution stage, 3,000 yuan/case;
(4) 5,000 yuan/case at the first instance trial stage;
(5) Criminal private prosecution cases and public prosecution cases (not involving property relations) represented by the victim, 3,000 yuan/case; involving Civil litigation incidental to criminal property relations shall be charged according to the charging standards for civil cases.
(6) For criminal second-instance and death penalty review cases, fees will be charged at the first-instance trial stage, but if you accept an entrustment to charge a one-time fee, the fee will be halved.
The above standards can be raised by 40 according to the specific circumstances of the case, and there is no limit to the lower standards.
Three. Agency for administrative litigation cases
gt (1) Cases that do not involve property relations, 3,000 yuan/case. The maximum amount can be increased by 50, and there is no limit to the amount that can be decreased;
(2) Cases involving property relations shall be handled in accordance with the standards for civil litigation cases;
(3) Cases involving agency administrative review shall be handled in accordance with the above standards Reduced fees.
Four. Acting as an agent for state compensation cases
Acting as an agent for state compensation cases, 4,000 yuan/case. It can float up to 30, or it can float down.
Verb (abbreviation of verb) represents appeals in various litigation cases.
Representing various types of litigation cases, charges are charged on a case-by-case basis, 3,000 yuan/case. It can float up to 30, or it can float down. After entering the retrial procedure, those who are not represented in the first or second instance will be charged according to the charging standards for various cases; if the original agent passed the first or second instance, the fee will be reduced by half.
Intransitive verbs for major, difficult, and complex litigation cases
Law firms that handle serious, difficult, and complex criminal, civil, and administrative litigation cases can use them in ordinary cases The specific fee amount shall be determined through consultation with the client within five times of the standard fee.
The definition of major, difficult and complex cases shall be separately stipulated by the Provincial Department of Justice and reported to the Provincial Price Department for filing.
For major, difficult, and complex cases, after the law firm accepts the entrustment, it shall file a record with the local competent judicial administrative agency.
7. Regarding market-adjusted price charges.
The charging standards for hourly lawyer services and the charging standards for piece-rate lawyer services other than the above charging items are subject to market-adjusted prices. Lawyer service charges subject to market-adjusted prices shall be determined by the law firm through consultation with the client based on the content, workload, difficulty level of legal services and the lawyer's service capabilities.
Eight. Relevant relief policies
(1) Request compensation for unemployed people, urban and rural subsistence allowance recipients, rural "five guarantees" recipients and key preferential treatment recipients, disabled persons and other recipients who are not eligible for legal aid, as well as those injured on the job (accidental injuries) (Except) Clients who are requesting alimony, support, alimony, or requesting labor insurance, pensions, relief funds, etc. are really having difficulty in living and cannot afford lawyer service fees. Law firms may reduce or reduce attorney service fees at their discretion.
(2) If national and provincial poverty-stricken counties have difficulty in implementing the above standards, they may negotiate with the entrusting party as appropriate.
Related Q&A: Related Q&A: Is it worth filing a lawsuit if someone owes me 3,000? Yes, you must apply first. After the court accepts the application, you must submit relevant evidence to prove that the money owed to you has not been repaid.
According to Article 119 of the "Civil Procedure Law of the People's Republic of China", a lawsuit must meet the following conditions:
(1) The plaintiff is a citizen who has a direct interest in the case , legal persons and other organizations;
(2) There is a clear defendant;
(3) There are specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the People's Court and shall be under the jurisdiction of the People's Court being sued.
According to Article 120 of the "Civil Procedure Law of the People's Republic of China", a prosecution must submit a complaint to the People's Court and submit copies according to the number of defendants.
If it is really difficult to write a complaint, it can be submitted orally, and the people's court will record it in the transcript and inform the other party.
Extended data:
Four major procedures for being sued for not paying back money.
Registration
1. Under normal circumstances, the following materials should be submitted when filing a lawsuit:
(1) One original copy of the indictment, and copies should be submitted according to the number of defendants;
(2) Proof of qualifications of the parties (including plaintiff, defendant, third party, etc.);
(3) Evidence that the court has jurisdiction;
(4) Other evidence.
Second, payment of legal fees
Litigation fees are paid in advance by the plaintiff when filing a lawsuit, and will be determined based on the circumstances of the case after the case is concluded. If the defendant loses the case, the defendant will bear all legal fees; if both parties win or lose the case, the legal fees will be shared by the parties or determined by the court.
Hearing cases
1. Trial time
The statutory time limit for the first instance is 6 months, and for the second instance, it is 3 months. Generally, there is nothing too serious, and the results will be available in 3-4 months.
The second is the materials that should be provided during the trial as much as possible.
(1) Loan agreement or IOU;
(2) If there is a guarantor in the loan relationship, provide proof of guarantee;
(3) Payment receipt from both parties Proof of payment;
(4) Proof of the purpose of the debtor’s loan;
(5) Proof that the debtor should pay interest;
(6) There is no interest agreement, If a creditor requires the debtor to pay overdue interest, or a non-scheduled interest-free loan has not been repaid after a reminder, and the creditor requires the payment of interest after a reminder, there should be evidence that the debt has not been repaid when due or has not been repaid after a reminder;
(7) If the whereabouts of the debtor are unknown, relevant evidence should be provided to prove the authenticity of the credit certificate and repay the debt;
(8) Payment and interest payment certificates.
Judgment
The court made a judgment based on the facts.
Execution
After the judgment is issued, you must go to the court for enforcement within 2 years after the judgment takes effect, and let the court directly inspect the other party’s property without enforcement. If the other party fails to comply, generally the bailiff can detain the other party, usually once a year for 15 days.