What should you do if you receive a case from the early Republic of China?

After the people's court files a civil case, it shall serve a copy of the indictment to the defendant, hold a hearing, and notify the parties of the time and place of the hearing three days before the hearing. The people's court shall send a copy of the complaint to the defendant within five days from the date of filing the case, and the defendant shall submit a defense within fifteen days from the date of receipt. The defense shall state the name, gender, age, ethnicity, occupation, workplace, residence and contact information of the defendant; the name, residence and contact information of the legal person or other organization and the name, position and contact information of the legal representative or principal person in charge.

Cases in the early years of the Republic of China usually included but were not limited to the following types:

Criminal defense: involving the defense work of legal representatives in criminal cases.

Marriage and family: issues such as divorce, division of marital property, child custody, etc.

Divorce: A lawsuit by a couple to dissolve their marriage.

Inheritance: Legal issues regarding property distribution and inheritance.

Contract disputes: resolve disputes arising from signing contracts.

Economic disputes: involving various contradictions and conflicts arising from economic activities.

Labor dispute: Labor dispute between workers and employers.

Traffic Accident: Legal action involving liability for a traffic accident.

Legal issues related to house demolition compensation and resettlement.

Real estate disputes: legal disputes that occur during the sale, lease, and development of real estate.

Intellectual property rights: Involving the protection and infringement of intellectual property rights such as patents, trademarks, and copyrights.

Administrative disputes: disputes arising from administrative management between administrative agencies and citizens or legal persons.

Medical disputes: problems arising from medical services between medical institutions and their medical staff and patients or their families.

Foreign-related disputes: civil litigation involving foreign parties.

The difference between the first instance and the second instance:

1. The applicable court is different from the trial level. The second-instance procedure is the procedure applicable to the people's courts at the intermediate level and above when hearing the second-instance civil cases, and it is the final-instance procedure; the first-instance procedure is the procedure applicable to the people's courts at all levels when hearing the first-instance civil cases, and it is the first-instance procedure;

< p>2. The reason for the program is different from the subject that started the program. The second-instance procedure occurs because the parties are dissatisfied with the judgment made by the first-instance People's Court that has not yet taken effect. The reason for its initiation and trial is that the parties exercised their right to appeal, and the second-instance People's Court exercised its right to supervise the trial; the first-instance procedure is When a party files a lawsuit with the People's Court due to infringement of civil rights or a dispute arising from civil rights and obligations, the reason for initiation and trial is that the party exercises the right to litigate and the People's Court exercises the right to judge;

3. The purpose of the procedure is different from Task. The purpose and task of the second-instance procedure is to inspect and supervise the trial work of the lower-level people's court, correct the errors of the first-instance judgment, ensure the uniform implementation of the law, and ultimately resolve the civil disputes between the parties; the purpose and task of the first-instance procedure is to investigate Clarify the facts of the case, correctly apply the law, confirm the civil rights and obligations between the parties, and resolve civil disputes between the parties;

4. The object of the trial is different from the internal structure. In principle, the hearing object of the second instance procedure is limited to the scope of the parties' appeals, that is, in principle, only the facts and applicable laws related to the parties' appeals will be heard. The object of the first instance procedure is the disputed civil legal relationship between the parties, the facts on which it is based and the applicable law. At the same time, the type of second-instance procedure is not distinguished, and first-instance procedure is divided into ordinary procedure and summary procedure;

5. The trial method is different from the conclusion period. In principle, civil cases tried by the second instance procedure are heard in court, except for direct trials; all civil cases tried by the first instance procedure must be tried in court, and cannot be heard in writing or directly adjudicated;

6. The time and conditions for the referee to take effect are different. The judgment made by the people's court applying the second instance procedure shall be the final judgment. Once the announcement is served, it will be legally effective, and the parties may not appeal to the public.

I hope the above content can help you. If in doubt, please consult a professional attorney.

Legal basis:

Article 123 of the "Civil Procedure Law of the People's Republic of China"

When the People's Court accepts a case, it shall ensure that the parties enjoy the rights according to law right to sue. Litigation that complies with Article 119 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 shall not be accepted; if the plaintiff is dissatisfied with the ruling, he may appeal.