Example 1 How to write an application for criminal suspension of civil proceedings Applicant (Appellant): Legal representative: Address: Requested matters Applicant, a limited company in Xianyang, applied for suspension of proceedings in accordance with the law because of a dispute over a house sales contract against Wang. Facts and reasons The legal facts of this case must be based on the trial result of another unfinished case (that is, the case of a limited company in Xianyang v. Wang's house sales contract dispute being tried by the Weicheng District People's Court of Xianyang City), and the lawsuit should be suspended according to law. The Weicheng District People's Court of Xianyang City is hearing a case of a limited company in Xianyang v. Wang's house sales contract dispute. On September 6, 20 10, the applicant Xianyang co., ltd dissolved the real estate sales contract signed by both parties on April 23, 2008, and appealed to Weicheng district human resources and social security bureau to confirm that the dissolution of the contract was legal and effective. Now the case is under trial. The appeal case of a limited company in Xianyang and the dispute case of house sales contract accepted by your hospital must be based on the trial result of this case, and the other case has not yet been concluded. According to Article 136 of the Civil Procedure Law of People's Republic of China (PRC): "In any of the following circumstances, the lawsuit shall be suspended: (5) This case must be based on the trial result of another case, and the other case has not yet been concluded". This case must be based on the trial result of another case, which has not yet been concluded. Please stop the lawsuit in this case in accordance with the provisions of the Civil Procedure Law. To the applicant of Xianyang Intermediate People's Court: Application Date: Example 2 Applicant: Authorized Agent: Application Matters: Request your court to rule that the case of Wang Moumou v. the applicant is suspended according to law. Facts and reasons. During the trial of Wang Moumou v. the applicant, the applicant submitted a marriage certificate to the court. Wang Moumou then took the Civil Affairs Bureau as the defendant and the applicant filed an administrative lawsuit for the third party. According to the provisions of Article 136 of the Civil Procedure Law, the trial shall be suspended until the administrative case is resumed. 2. During the trial of Wang Moumou v. the applicant, the applicant submitted a copy of the state-owned land use certificate (TYY (2005) No.00376) to the court, but Wang Moumou questioned the authenticity of the copy of the evidence and refused to cross-examine. At present, both the applicant and the agent can't verify the case because of the Commission for Discipline Inspection, and they can't obtain the filing materials of the land use certificate. Wang owned it and refused to provide the original land use certificate. Both the applicant and the agent believe that on the basis of protecting the legitimate rights and interests of Wang Moumou and the applicant, the trial and judgment will be conducted fairly, and judicial resources will be saved. The judgment result is well-founded in law and the case is closed. Before the above evidence can be verified, your hospital should decide to suspend the trial of this case according to the provisions of Article 136 of the Civil Procedure Law until it can be verified and resume the trial. Applicant: Authorized Agent: Date of application: If you need help in the application for criminal suspension of civil litigation, you can consult the professional lawyer of the entrusting network online to help you. They are professionals.
Legal objectivity:
Article 153 of the Civil Procedure Law of People's Republic of China (PRC) shall be suspended under any of the following circumstances: (1) One party dies and needs to wait for the heir to indicate whether to participate in the litigation; (2) One party has lost the capacity for litigation and has not yet determined his legal representative; (3) The legal person or other organization as a party terminates, and the successor of rights and obligations has not been determined; (4) One party is unable to participate in the litigation due to irresistible reasons; (five) the case must be based on the trial result of another case, and the other case has not yet been concluded; (6) Other circumstances in which litigation should be suspended. After the reasons for suspending the lawsuit are eliminated, the lawsuit will be resumed.