Legal analysis
The people's court shall, in accordance with the relevant laws and regulations, safeguard the right of prosecution enjoyed by the parties according to law. A lawsuit that conforms to Article 119 of this Law must be accepted. Those who meet the conditions for prosecution shall file a case within seven days and notify the parties concerned; If it does not meet the conditions for prosecution, it shall make a ruling within seven days and refuse to accept it; If the plaintiff refuses to accept the ruling, he can appeal. In line with the conditions for filing a case, notify the parties concerned to pay the legal fees within seven days, and file a case after paying the fees; If it does not meet the conditions for filing a case, it shall be ruled inadmissible. If you refuse to accept the decision to dismiss the prosecution, you shall appeal to the Higher People's Court within ten days. After the court accepts the case, it will send a copy of the complaint to the other party within five days, and the other party will reply within fifteen days, and notify both parties to exchange evidence. According to the application of the parties, the court may make a ruling on property preservation and immediately start execution. Notify the parties of the time, place and undertaker of the court session 3 days in advance; Cases tried in public shall be announced three days in advance. If a mediation agreement is reached, a mediation agreement shall be made, which shall take effect after being signed by both parties, and the parties shall perform the contents of the mediation agreement or apply for execution; If no mediation agreement is reached, the collegial panel shall make a ruling.
legal ground
Article 37 of the Criminal Law of People's Republic of China (PRC) may be exempted from criminal punishment if the circumstances of the crime are minor and there is no need to impose criminal punishment. However, according to the different circumstances of the case, it may be reprimanded or ordered to make a statement of repentance, apologize and compensate for the losses, or it may be given administrative punishment or administrative sanction by the competent department. Article 37- 1 If a person is sentenced for committing a crime by taking advantage of his position or violating the specific obligations due to his position, the people's court may, according to the circumstances of the crime and the need to prevent recidivism, prohibit him from engaging in relevant occupations for three to five years from the date of completion of punishment execution or the date of parole. If a person who is prohibited from engaging in related occupations violates the decision made by the people's court in accordance with the provisions of the preceding paragraph, the public security organ shall punish him according to law; If the circumstances are serious, he shall be convicted and punished in accordance with the provisions of Article 313 of this Law. Where other laws and administrative regulations prohibit or restrict them from engaging in related occupations, such provisions shall prevail.