First, the procuratorate supervises the scope of accepting cases.
The people's procuratorates exercise legal supervision over civil litigation activities through protests and procuratorial suggestions. The scope includes legally effective civil judgments, rulings (rejecting retrial rulings, executing objection rulings) and conciliation statements (damaging the interests of the state and society); In the civil trial procedure, the judge has committed serious illegal acts such as corruption and bribery, favoritism and malpractice, and perverting the law; There are illegal situations in civil execution activities.
The application for supervision made by the parties to the legally effective civil judgment or ruling of the people's court of first instance, whether or not to appeal, shall be accepted according to law as long as it conforms to the provisions of Article 209 of the Civil Procedure Law of People's Republic of China (PRC).
Note: Citizens, legal persons and other organizations other than the parties may complain and report to the people's procuratorate at the same level if they think that the judges in the civil trial procedure of the people's court have violated the law or the civil execution activities have violated the law. Complaints and reports to procuratorial departments shall be accepted by people's procuratorates. The procuratorial department shall handle the complaint reporting received in accordance with the Regulations of the People's Procuratorate on Letters and Visits and the Provisions of the People's Procuratorate on Reporting.
Second, the scope of the supervision of the procuratorial organs.
1. The parties fail to apply to the people's court for retrial or the application for retrial exceeds the statutory time limit;
2. The people's court is examining the application for civil retrial, except that the application for retrial has not been decided for more than three months;
3, the people's court has ruled that the retrial has not been concluded;
4, judgment, mediation to dissolve the marriage relationship, except for the division of property;
5, the people's Procuratorate has made a decision to review the end;
6. Civil judgments, rulings and conciliation statements made by the people's court after retrial according to the protest of the people's procuratorate or the retrial procuratorial proposal;
7. The people's procuratorate will not accept a judge's application for supervision if he thinks that he has violated the law in the civil trial procedure or in the civil execution.
1) The law stipulates that an objection, an application for reconsideration or a lawsuit can be filed, and the parties concerned have not raised an objection, applied for reconsideration or filed a lawsuit, except for justified reasons;
2) After a party raises an objection or applies for reconsideration, the people's court has accepted it and is examining and handling it, unless it has not handled it within the statutory time limit;
3) Other circumstances that should not be accepted.
Three. jurisdiction
The Supreme People's Procuratorate, the people's procuratorate at the same level and the people's procuratorate at a higher level where the people's court that made the legal document is located shall have jurisdiction over the supervision cases of civil judgments, rulings and conciliation statements that have taken legal effect.
Local people's procuratorates at all levels may put forward procuratorial suggestions to the people's court at the same level and report them to the people's procuratorate at the next higher level for the record if they find that there is one of the circumstances stipulated in Article 200 of the Civil Procedure Law, or if they find that the conciliation statement harms the national and social public interests. You can also ask the people's procuratorate at a higher level to lodge a protest with the people's court at the same level.
If a party submits a procuratorial proposal or protest to the people's procuratorate in accordance with the provisions of the first paragraph of Article 209 of the Civil Procedure Law, it shall be accepted by the prosecution and procuratorial department of the people's procuratorate at the same level where the people's court where the effective civil judgment, ruling or mediation is made.
If a party considers that a judge has committed an illegal act in the civil trial procedure or in the civil execution, and applies to the people's procuratorate for supervision, it shall be accepted by the prosecution department of the people's procuratorate at the same level where the people's court hearing and executing the case is located.
Four. Necessary materials and submission methods to be provided
1. application (such as protest application, supervision application and review application)
2. Identification certificate (natural person, legal person, other organization) (legal person shall provide business license)
3. All relevant legal documents (first trial, second trial and retrial)
4. If there is a client, a certificate of entrustment is required.
5. Evidence materials
6. Confirmation of service address of appeal case
Mode 1:
The Sixth Supervision Office of the Supreme People's Procuratorate is responsible for reviewing and protesting civil cases that apply to the Supreme People's Procuratorate for supervision and protest. If you lodge a complaint with the Supreme People's Procuratorate, you can submit the application materials through EMS. Mailing address: No.5 Courtyard, Lu Gu East Street, Shijingshan District, Beijing, with postal code: 100040. If you apply to the people's procuratorate of a province or autonomous region, you can also submit the application materials by EMS. The specific mailing address can be found in official website, the procuratorate.
Mode 2:
12309 procuratorial service center is a unified network platform for intelligent procuratorial service for the people. 12309 procuratorial service center mainly includes three modules with specific functions of 13, namely: procuratorial service (including: appeal, criminal appeal, people's bank appeal, state compensation, other letters and visits, legal consultation) and case information disclosure (including: case procedure information inquiry, online appointment defense and agency, important case information, and legal document disclosure). If you need to submit the application materials, you can also submit the materials online after registering on 12309 website, 12309 mobile client (mobile app) and 12309 official WeChat account.
Five, after the application, how to deal with the procuratorate?
1. If it meets the acceptance conditions, it shall make an acceptance decision in accordance with the regulations. The procuratorial department shall, within three days from the date of deciding to accept it, make a notice of acceptance, send it to the applicant, and inform him of his rights and obligations. If it is necessary to notify other parties, the Notice of Acceptance and the Application for Supervision shall be copied to other parties, and their rights and obligations shall be informed. Other parties may submit written opinions within 15 days from the date of receiving the copy of the supervision application. If no comments are made, it will not affect the people's procuratorate's review of the case.
2, belongs to the scope of the people's Procuratorate but does not belong to the jurisdiction of the court, it shall inform the applicant to apply for supervision to the people's Procuratorate with jurisdiction.
3, does not belong to the scope of the people's Procuratorate, it shall inform the applicant to reflect to the relevant authorities.
4, does not meet the acceptance conditions, and the applicant does not withdraw the application for supervision, you can decide not to accept. If it should be accepted by the people's procuratorate at a lower level, the people's procuratorate at a higher level shall hand over the application for supervision and related materials to the people's procuratorate at a lower level within seven days.
5. In any of the following circumstances, the people's procuratorate may suspend the examination:
1) If the natural person applying for supervision dies, it is necessary to wait for the heir to indicate whether to continue to apply for supervision;
(2) The legal person or other organization applying for supervision terminates, and the successor of rights and obligations has not been determined; 3) The case must be based on the result of another case, which has not yet been concluded;
4) Other circumstances in which the review can be suspended. If the inspection is suspended, a decision to suspend the inspection shall be made and served on the parties concerned. After the reasons for suspending the review are eliminated, the review shall be resumed.
6, one of the following circumstances, the people's Procuratorate shall terminate the review:
1) The people's court has ruled to retry or correct the illegal act;
(two) the applicant withdraws the application for supervision or the parties reach a settlement agreement, which does not harm the national interests, social interests or the legitimate rights and interests of others;
3) The natural person who applied for supervision died, and no heir or successor gave up the application, and no other illegal circumstances that should be supervised were found;
4) The legal person or other organization applying for supervision is terminated, and there is no successor of rights and obligations or the successor of rights and obligations gives up the application, and no other illegal circumstances that should be supervised are found;
5) It is found that the accepted case does not meet the acceptance conditions;
(six) the case discovered by the people's procuratorate according to its functions and powers does not need to take supervision measures after examination;
7) Other circumstances in which the review should be terminated. If the examination is terminated, a Decision on Termination of Examination shall be made, and if it is necessary to notify the parties, it shall be sent to them.
7, the people's Procuratorate to review the end of the case, according to the situation, respectively, make the following decisions:
1) put forward suggestions on retrial and procuratorial work;