Litigation cases refer to cases that need to be resolved through court proceedings. Non-litigation cases include both uncontroversial and non-controversial legal matters, as well as legal matters that have been controversial.
1. What are the types of cases?
1. Criminal cases. Cases filed by judicial authorities to pursue criminal liability. In our country, according to the provisions of the Criminal Procedure Law, the public security organs are responsible for the investigation, detention, and pretrial of criminal cases; the People’s Procuratorate is responsible for approving arrests and prosecutions—initiating public prosecutions; and the People’s Courts are responsible for hearings.
2. Civil cases. It refers to a dispute between civil subjects with equal legal status. The parties cannot resolve it through negotiation and resort to judicial organs, requesting that the judicial organs accept and clearly define the relevant civil rights and obligations. It mainly refers to cases related to property rights and interests. Such as contract disputes, property rights disputes and disputes arising from torts, such as beating others and causing minor injuries (serious injuries will become criminal cases), including marriage and family related cases.
3. Administrative cases. Refers to administrative dispute cases in which citizens, legal persons or other organizations believe that the administrative actions of state administrative agencies are illegal or inappropriate and infringe upon their legitimate rights and interests, and they file lawsuits with the People's Court in accordance with the procedures stipulated in the Administrative Litigation Law.
4. Economic cases. It refers to the economic losses and mental losses suffered by citizens and legal persons due to for-profit institutions recognized by the state, as well as improper illegal operations, commercial fraud, and commercial espionage. According to the relevant chapters of the Economic Law, both the local district court and the People's Court can handle it.
2. General handling process of criminal cases
The process of handling criminal cases mainly includes three stages: investigation, prosecution and trial. The details are as follows:
(1) Investigation stage
1. Detention
The public security organs may criminally detain current offenders or major suspects. Detainees must be questioned within 24 hours of detention.
After the first interrogation by the investigative agency or from the date of taking compulsory measures, a criminal suspect may hire a lawyer to provide him with legal advice, appeals and accusations.
2. Arrest
If the public security organ deems it necessary to arrest a detained person, it shall submit it to the People's Procuratorate for review and approval within three days of detention.
When investigating a closed case, the public security organ shall ensure that the criminal facts are clear, the evidence is reliable and sufficient, and a prosecution opinion shall be written, together with the case file materials and evidence, and shall be transferred to the People's Procuratorate at the same level for review and decision.
(2). Review and Prosecution Stage
1. From the date the case is transferred for review and prosecution, the criminal suspect has the right to entrust a defender. The People's Procuratorate shall, within three days from the date of receipt of case materials transferred for review and prosecution, inform the criminal suspect of the right to entrust a defender.
2. If the People's Procuratorate believes that the criminal suspect's criminal facts have been ascertained, the evidence is reliable and sufficient, and criminal responsibility should be investigated in accordance with the law, it shall make a decision to prosecute and file a public prosecution in the People's Court in accordance with the provisions of trial jurisdiction.
(3) Trial stage
After the people's court reviews the case for public prosecution, if the criminal facts alleged in the indictment are clear and accompanied by the evidence catalog, witness list and main evidence copies or photos of the evidence, a decision should be made to hold a court hearing.
Three. The statute of limitations for criminal cases
The statute of limitations for prosecution stipulates different lengths of statute of limitations based on the severity of statutory penalties for various crimes:
1. Where the statutory maximum penalty is less than five years of fixed-term imprisonment , the statute of limitations for prosecution is five years;
2. If the statutory maximum penalty is more than 5 years but less than 10 years, the statute of limitations for prosecution is 10 years;
3. The statutory maximum penalty is 10 years If the above-mentioned fixed-term imprisonment is imposed, the statute of limitations for prosecution is 15 years;
4. If the statutory maximum penalty is life imprisonment or death, the statute of limitations for prosecution is 20 years. If it is deemed necessary to prosecute after 20 years, it shall be submitted to the Supreme People's Procuratorate for approval.
Legal basis:
Administrative Procedure Law of the People's Republic of China
Article 2 Citizens, legal persons or other organizations believe that the administrative acts of administrative agencies and their staff infringe If they have legitimate rights and interests, they have the right to file a lawsuit with the People's Court in accordance with this Law.
The administrative actions mentioned in the preceding paragraph include administrative actions carried out by organizations authorized by laws, regulations and rules.
Article 3 The people's courts shall protect the rights of citizens, legal persons and other organizations to prosecute and accept administrative cases that should be accepted according to law.
Administrative agencies and their staff may not interfere with or obstruct the People's Court from accepting administrative cases.
The person in charge of the administrative agency being sued shall appear in court to respond to the lawsuit. If you are unable to appear in court, you should entrust the corresponding staff member of the administrative agency to appear in court.
Civil Procedure Law of the People's Republic of China
Article 3 This Law shall apply to the people's courts that accept civil lawsuits arising from property relations and personal relations between citizens, legal persons, other organizations, and them. Regulation.