I. Is there any time limit for protest
(1) If the victim of a criminal case is dissatisfied with the judgment or ruling of the People's Court and files a protest with the procuratorate, the following time limit is imposed:
1． The time limit for protesting against a judgment is ten days;
2. The time limit for protesting against a ruling is five days;
According to the "*** of the People's Republic of China" and the "General Principles of the Civil Law" Article 229 If the victim and his legal representative are dissatisfied with the first-instance judgment of the local people's court at any level, they have the right to lodge a protest with the People's Procuratorate within five days from the date of receipt of the judgment. The People's Procuratorate shall make a decision on whether to protest within five days after receiving the request from the victim and his legal representative, and shall reply to the requester.
Article 230 stipulates that the time limit for filing an appeal or protest against a judgment is ten days, and the time limit for filing an appeal or protest against a ruling is five days, starting from the second day of receipt of the judgment or ruling. Starting from calculation.
2. Whether the witness’s testimony exceeds the statute of limitations
Yes, according to Article 135 of the Civil Law, the statute of limitations for the people’s court to protect civil rights is two years. Except where specified.
Secondly, as far as this issue is concerned, if the witness can prove that the case involved complies with the relevant provisions of the extension of the statute of limitations, the court will grant it after confirmation. According to Article 137 of the Civil Code,
the statute of limitations is calculated from the time when the person knew or should have known that the right had been infringed. However, if more than 20 years have passed since the date of infringement of rights, the People's Court will not grant protection. Under special circumstances, the people's court may extend the statute of limitations.
Article 138 stipulates that if a party voluntarily performs beyond the statute of limitations, it will not be restricted by the statute of limitations.
Article 139 stipulates that within the last six months of the statute of limitations, if the right of claim cannot be exercised due to force majeure or other obstacles, the statute of limitations shall be suspended. The period of limitation of action shall continue to be calculated from the date when the cause of suspension is eliminated.
Article 140 stipulates that the statute of limitations is interrupted by the filing of a lawsuit or by a party requesting or agreeing to perform its obligations. The statute of limitations is restarted from the time of interruption. At the same time, the person who raised the question must make it clear that according to Article 2 of the "Regulations of the Supreme People's Court on Several Issues Concerning the Application of the Limitation System in the Trial of Civil Cases", the parties violated the legal provisions and agreed to extend or shorten the period of limitation of action. , the people's court will not recognize the premature abandonment of the benefit of statute of limitations.
3. Confirming the fact that there is a statute of limitations
Confirming that the claim has no statute of limitations.
Confirm that the claim is:
(1) A type of litigation in civil litigation.
A lawsuit in which the parties request the court to determine the existence or non-existence of a certain legal relationship. If the parties have a dispute over whether a certain legal relationship has been established and exists now, they can resort to court for confirmation.
If the plaintiff requests the court to confirm the existence of a certain legal relationship with the defendant, it is called an affirmative or positive confirmation lawsuit; if the plaintiff requests the court to deny the existence of a certain legal relationship with the defendant, it is called a negative or positive confirmation lawsuit. Action for Negative Confirmation.
Confirmation of the subject of litigation depends on whether there is a certain legal relationship; the cause of action depends on whether there is a certain legal relationship between the facts and conditions. Judging from the characteristics of the litigation itself, it is to determine the existence of legal relationships rather than to confirm specific rights and obligations. It is sometimes the premise and basis for requesting payment.
(2) Administrative litigation with the purpose of confirming the existence of administrative relationships and confirming the invalidity of administrative decisions.
Although its status in administrative litigation is not very important, it is still an independent form of administrative litigation. When the court confirms the validity of an administrative action, it confirms its invalidity or complete invalidity, rather than partial invalidity or invalidity, which is the content of a negative action.
The result confirmed by the court is only valid for both parties, and sometimes also for the third party in the lawsuit.
The plaintiff cannot have rights against the administrative agency arising from the court's confirmation of the judgment. The principle of exhaustion of administrative remedies does not need to apply to the filing of such proceedings.
However, if the action for confirmation filed by the party can also or has been confirmed in the action for refusal, execution or completion, the administrative court may refuse to accept the action for confirmation filed by the party. .
I hope the above content will be helpful to you. If you have other questions, please consult a professional lawyer.
Legal basis: "Article 229 of the Criminal Procedure Law" If the victim and his legal representative are dissatisfied with the first-instance judgment of the local people's court at any level, they shall, within five days from the date of receipt of the judgment, The People's Procuratorate shall have the right to file a protest with the People's Procuratorate. The People's Procuratorate shall make a decision on whether to file a protest within five days after receiving the request of the victim and his legal representative. Article 230: The petitioner shall file an appeal or protest against the judgment. The time limit is ten days, and the time limit for filing an appeal or protest against the ruling is five days, starting from the second day after receiving the judgment or ruling.