The time limit for postponing the hearing shall be included in the hearing time limit in principle. However, there are exceptions. According to the provisions of the Criminal Procedure Law and relevant judicial interpretations, the exceptions mainly include:
1. Not included at all.
According to Item (5) of Article 9 of "Several Provisions of the Supreme People's Court on Strictly Implementing the Time Limit System for Trial of Cases", our court decided to postpone the trial within 1 month because the parties, agents ad litem and defenders applied to notify new witnesses to appear in court, obtain new evidence and apply for re-appraisal or inquest. Note here that the probation period should still be calculated for the part that is postponed for more than 1 month.
For example, June 1 is the filing date, and the original probation period begins on June 2 and ends on July 16. The collegial panel decided to postpone the trial on June 2 1 day and resume the trial on June 30 (the time for postponing the trial is 10), so the revised trial period is from June 2 to July 26; If the collegial panel decides to postpone the trial on June 2 1 and decides to resume the trial after July 2 1 (the trial is postponed for more than one month), the revised trial period is from June 2 to August 16.
2. Parts are not included.
According to Item (5) of Article 9 of "Several Provisions of the Supreme People's Court on Strict Enforcement of Time Limit System for Trial of Cases", if the court decides to postpone the trial due to other entrustment or designation of the defender, the time from the date of postponing the trial to 10 shall not be included in the trial period.
For example, June 1 day is the date of filing the case, and the collegial panel announced the postponement of the trial on June 2 1 day because the defender or defense lawyer entrusted or appointed it separately. If the collegial panel decides to resume the trial on June 27th (the time for preparing the defense is 7 days, which is not included in the trial period), the original trial period of this case will be changed from June 2nd to July16th. If the trial resumes after June 30th (the time for preparing the defense exceeds 10 days), the revised trial period is from June 2nd to July 26th.
3. Recalculate the probation period
Article 168 of the Criminal Procedure Law stipulates that the trial period shall be recalculated after the people's procuratorate completes the supplementary investigation and transfers it to the people's court. The Reply of the Supreme People's Court Research Office on How the People's Court Calculates the Time Limit for Trial of Cases Proposed by the People's Procuratorate (Fa Yan [2004] No.43) further clarifies that the time limit for trial of such cases by the people's court shall be recalculated from the day after the people's court receives the notice of resumption of trial by the people's procuratorate, and the original trial time shall not be counted as the new trial time limit.
For example, the filing date in March is 1, and the original trial period is from March 2 to April 16. On March 20, the public prosecution agency proposed to postpone the supplementary investigation for one month, and the collegial panel agreed to postpone it. If the public prosecution agency completes the supplementary investigation on April 24, the people's court will receive the Notice of Request for Resumption of Hearing submitted by the Procuratorate on April 25. The trial period of the case will be recalculated from April 26th, and the revised trial period will be from April 26th to May 25th, no later than June 9th.
4. Fully inclusive
Except for the above exceptions, the rest of the deferred trial period is included in the trial period in principle. Among them, we should pay special attention to the following two situations:
(1) If the court decides to postpone the trial because the parties apply for withdrawal, it will be included in the trial period.
This situation is not stipulated as an exception in legislation, so the general principle should be applied, that is, it should be included in the probation period.
(2) The procuratorial organ proposes to postpone the trial, but it does not belong to the situation that needs supplementary investigation. If the court decides to postpone the trial, it will be included in the trial period.
Article 348 of the the Supreme People's Procuratorate Rules stipulates that under any of the following circumstances, the public prosecutor shall request the court to postpone the trial: (1) If it is found that the facts are unclear, the evidence is insufficient, or the accomplices and suspects are omitted, and supplementary investigation or evidence is needed; (2) If it is found that the accomplice is guilty or the criminal suspect is omitted, it is necessary to add or change the prosecution, although it is not necessary to supplement the investigation and provide supplementary evidence; (3) it is necessary to notify the witnesses and expert witnesses who have not provided the list to the people's court before the court session, or the witnesses who have been notified by the people's court not to appear in court. In these three cases, Article 168 of the Criminal Procedure Law has clearly stipulated that the trial should be postponed because of the need for supplementary investigation. But for other cases, because there is no special provision in legislation, the general principle should be applied, that is, included in the probation period.
Two, the scope of application of civil litigation decisions is:
Grasp the key words in the concept! ! Civil judgment (the determination made by the people's court on certain specific matters in the course of civil litigation). )
1 Handling of Avoidance Problems
Take compulsory measures against those who obstruct civil proceedings.
3. Reduction and extension of the litigation costs of the parties.
4. Handling of some major and difficult problems
5. Handling of the parties' application for extension of the litigation period
Third, the scope of application of civil litigation adjudication.
Grasp the key words in the concept! ! The concept of adjudication (the determination of procedural issues in civil economic cases or civil execution by people's courts). )
Article 140 of the Civil Procedure Law:
1 inadmissible;
2 have objections to jurisdiction;
3. Dismiss the prosecution;
Property preservation and prior execution;
5. Permission or disapproval to withdraw the lawsuit;
6. Suspension or termination of proceedings;
7. Correct clerical errors in the judgment;
8 Suspension or termination of execution;
Failure to execute the arbitral award;
10 will not execute the creditor's rights documents which are given the enforcement effect by the notary office;
1 1 Other matters that need to be resolved by adjudication.
An appeal may be filed against the rulings in the first, second and third paragraphs of the preceding paragraph.
Other matters that should be interpreted by relevant laws and judicial decisions:
Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC) (1No.22, issued on July 4, 1992).
166. The clerical error in Item (7) of Paragraph 1 of Article 140 of the Civil Procedure Law refers to the misspelling and calculation errors of legal words, the omission and calculation errors of litigation fees and other clerical errors.
Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Bankruptcy Cases of Enterprises (Fa Fa Fa [2002] No.23, July 30, 2002)
Article 12 The people's court shall not accept the bankruptcy application if it finds any of the following circumstances after examination:
(1) The debtor conceals or transfers property and applies for bankruptcy in order to avoid debts;
(2) Creditors use bankruptcy applications to damage the debtor's business reputation with the intention of damaging fair competition.
Article 13 If the people's court refuses to accept the bankruptcy application, it shall make a ruling.
If the bankruptcy applicant refuses to accept the ruling that the bankruptcy application will not be accepted, he may appeal to the people's court at the next higher level within 10 days from the date when the ruling is served. Lawyer Hu Yanlai reminds: Click to return to the directory of civil procedure law.
Article 14 After accepting a bankruptcy case of an enterprise, the people's court shall rule to reject the bankruptcy application if it finds that it does not meet the acceptance conditions stipulated by law or has the circumstances listed in Article 12 of these Provisions.
After accepting the debtor's bankruptcy application, if the people's court finds that the whereabouts of the debtor's huge property are unknown and cannot reasonably explain the whereabouts of the property, it shall rule to reject the bankruptcy application.
If the bankruptcy applicant refuses to accept the ruling of rejecting the bankruptcy application, he may appeal to the people's court at the next higher level within 10 days from the date when the ruling is served.