The first kind is everywhere, suitable together, inappropriate down, away from your earth. The second category is keen, serious and more concerned about you.
What if the police station does not handle the case?
Minor injuries don't have to go through the police station. The police station may think that such a minor criminal case is another family member. I hope you can handle it calmly and your family will forgive you.
However, such cases belong to the second category of private prosecution cases, which are minor criminal cases proved by the victims, including
1. intentional injury case,
2. Illegal invasion of houses
3. Infringement of freedom of communication
4. Bigamy
give up
6. Producing fake and inferior commodities
7 Infringement of intellectual property rights
8. Other cases under 3 years as stipulated in Chapters IV and V of the Specific Provisions of the Criminal Law.
So you can go directly to the court, and after the court files a case, you can summon the other party to appear in court. Your brother-in-law is an instigator or a criminal.
How to describe a people's judge
First, judges can effectively manage all kinds of cases they try and conclude these cases fairly, quickly and economically. The requirements include: 1. Judges should be aware of the powers conferred by law, and should fully exercise these powers and not exceed them. It is also necessary to understand the power distribution of the internal system of our hospital. For example, the judge must first determine whether he has jurisdiction over the case under trial, whether he has the right to execute the actions applied by the parties, what measures can be taken to ensure the smooth progress of the lawsuit, which should be discussed and decided by the judicial Committee, and the judgment, preservation measures and compulsory measures should be signed by the dean in charge ... 2. Make preparations before the trial (some preparations should be done before execution, and some aspects can be used for reference) and study the case files. Carefully review the litigation materials provided by the litigants, including the pleadings, pleadings and all kinds of evidence, and learn something outside the case when necessary (in some cases, there are deeper contradictions behind the case itself, which will help to solve the case in the future). On the basis of studying the case file, this paper summarizes and sorts out the controversial issues of the parties to the lawsuit, including the disputes on the facts of the case and the disputes on the application of the law of the case, so that the activities of the parties and agents can be carried out around these issues, avoiding unnecessary activities and delaying the litigation process. Before the trial, we should explain some problems to the parties, such as what kind of evidence to provide and what kind of written application to submit, so as to ensure that the parties are well prepared for litigation, can fully exercise their litigation rights and fulfill their litigation obligations. Doing a good job of preparation before the trial can make the trial know fairly well, and can also anticipate the questions that the litigants may temporarily ask during the trial, thus ensuring the clear and orderly organization of the trial activities. 3. After determining the trial time, it is necessary to ensure that the trial starts on time, and the trial time shall not be changed unless there are special circumstances. During the trial, you should concentrate on listening to the speeches of the parties, agents and witnesses, and don't interrupt them easily unless they are too far from the topic or repeat too much; It is necessary to ensure that all parties have a fair opportunity to state the facts and express their opinions to the court, and one party shall not be allowed to speak at will and suppress the other party's speech; Make sure that you understand the contents of their speeches and the problems to be explained and proved by the evidence presented, and ask questions in time if you are not clear. 4, presided over the trial, to prevent and timely stop the violation of court discipline, disrupting court order and other rude behavior. Before the trial, the parties with fierce contradictions and abnormal personality can be inspected, and the seats of the parties can be arranged reasonably to keep a safe distance. Acts that violate court discipline and disturb court order, such as clapping hands, making noise, taking photos, insulting the other party, and even attacking court personnel, should be stopped in time and effectively to ensure uninterrupted trial. 5, whether before or during the trial, we should make the proceedings develop in the direction of smooth mediation or judgment of cases, guide the parties to concentrate on dealing with major disputes, and don't let the parties and agents delay, entangle or waste time on some minor issues. In due course, it can help the parties to the dispute find a mutually acceptable solution. 6. After the trial, a judgment shall be made as soon as possible for cases that cannot be resolved through mediation, unless it may lead to contradictions or cases that need cold treatment. If the time interval is too long, the trial activities and some files may be forgotten, especially by other collegiate members other than the organizer, so that they need to be recalled and analyzed again. 7. Be polite to all parties, agents and witnesses, maintain an equal attitude and a fair position towards all participants in the proceedings, and require the clerks and other auxiliary personnel to do the same. 8. Keep documents and files in order. In addition to the case files, the authorities often issue some documents, which should also be kept reasonably to ensure that they can be found when necessary. Two, judges should fully understand and abide by their professional ethics. In addition to the provisions of the Supreme Court, the following points should be emphasized: 1. Seek truth from facts, always be fair, just and impartial, and never give preference to one another in words and manners. 2. A judge should judge a case only on the basis of laws and facts, and express his opinions on the case independently, free from interference and influence from any person or institution. Of course, judges are human beings, and they don't live in a vacuum. It is unrealistic to completely stop asking for advice. Even if there is no mediation, the judge will be influenced by his own feelings when making a judgment. But no matter what the situation is, we must do so.
What if the police file a case and don't handle it?
Minor injuries don't have to go through the police station. The police station may think that such a minor criminal case is another family member. I hope you can handle it calmly and your family will forgive you.
However, such cases belong to the second category of private prosecution cases, which are minor criminal cases proved by the victims, including
1. intentional injury case,
2. Illegal invasion of houses
3. Infringement of freedom of communication
4. Bigamy
give up
6. Producing fake and inferior commodities
7 Infringement of intellectual property rights
8. Other cases under 3 years as stipulated in Chapters IV and V of the Specific Provisions of the Criminal Law.
So you can go directly to the court, and after the court files a case, you can summon the other party to appear in court. Your brother-in-law is an instigator or a criminal.
What if the police station doesn't handle the case?
You can report the inaction of the police station to the public security organ at a higher level, or you can report it to the discipline inspection and supervision department of the public security organ and the supervision brigade. You can also request the people's procuratorate to conduct legal supervision over the public security organs, and suggest or instruct the public security organs to file criminal cases and carry out investigations in a timely manner.
How to understand the court mediation in China's civil litigation?
With the increasing pressure of cases and the limited number of judges, it is of great practical significance to filter and divert more and more litigation cases through mediation procedures. Therefore, as a judge, it is necessary to seriously study the mediation skills in civil litigation. In order to further improve the civil mediation system and give full play to its advantages in resolving disputes and promoting harmony, this paper tries to analyze and summarize some valuable civil mediation skills from the problems existing in the mediation process, and discuss them with you for reference in trial practice. First, the problems that should be paid attention to in the process of civil litigation mediation 1, the principle of "clear facts, distinguish right from wrong" limits the mediation function. According to the provisions of the Civil Procedure Law, the court should distinguish right from wrong and conduct mediation on the basis of clear facts under the principle of voluntary participation of the parties. Finding out the facts and distinguishing the responsibilities is the prerequisite of the judgment. The meaning of mediation itself includes the vague investigation of some unclear facts and responsibilities, mutual understanding and mutual accommodation, so as to achieve the purpose of solving disputes without hurting harmony. One of the purposes for the parties to choose mediation is to improve efficiency. If all cases require mediation only on the premise of finding out the facts and distinguishing right from wrong, then the advantages of mediation will be lost, and it is better to make the judgment simpler and faster. It can be seen that blindly asking to find out the facts and distinguish the responsibilities does not respect the parties' right to dispose freely, and it is time-consuming and laborious, wasting the court's trial resources. The newly published Provisions on Several Issues of Civil Mediation stipulates that "the parties may reach a settlement agreement by themselves, and the people's court may entrust units or individuals to engage in mediation activities". The scope of mediation has been expanded, and even the parties can be allowed to settle out of court. At the same time, the people's court shall confirm such mediation agreement. At the same time, however, it should be noted that the people's court will not confirm the mediation agreement in any of the following circumstances: (1) it infringes on the public interests of the state and society; (2) Infringing the interests of outsiders; (3) against the true meaning of the parties; (4) Violating the prohibitive provisions of laws and administrative regulations. Even if the two parties reach an agreement, the court should not confirm the above agreement. It should be noted in particular that in some cases, the parties collude maliciously, transfer property by means of litigation mediation, evade debts, evade legal responsibilities, and harm the legitimate interests of the state, the collective or others, such as fake divorce, fake debt repayment, fake reconciliation, etc. This kind of mediation case must be carefully tried and examined. Once confirmed, not only can not issue a mediation, but also the corresponding civil punishment. 2, the provisions of the law and judicial interpretation of mediation is too simple, it is difficult to operate in the trial practice. The Civil Procedure Law and the Supreme People's Court's Opinions on Several Issues Concerning the Application of Civil Procedure set up special chapters to stipulate mediation, but the content is simple and too principled, lacking the procedures and norms that judges and parties must abide by. On the one hand, the judge is very arbitrary in the implementation process, and when and how to mediate is the judge's final say, without procedural constraints; On the other hand, judges dare not apply it boldly in the process of implementation. Voluntary and statutory provisions in mediation are too principled, and there are different understandings in trial practice. 3. The dual identity of the judge and the role of "master" affect the judicial justice to some extent. The civil procedure law does not make independent special provisions on the procedure of mediation, but implements the mediation mode of "integration of mediation and trial" This mode has certain rationality and practical significance for reducing litigation costs and avoiding confrontation caused by strict procedures. However, with the further deepening of judicial reform, its disadvantages exposed in trial practice are increasingly prominent. For example, in the trial process, judges often have the dual identity of mediators and judges, and the role of judges as "masters" gives judges more choices when using mediation or deciding to close the case. Some cases that can be settled through mediation have gone through the motions. Some cases should have been decided in time, but the judge repeatedly mediated after the court session, and the mediation was indecisive for a long time. This status of judges will inevitably lead to conflicts in the status of judges. Once mediation fails, it is easy for the parties to doubt the justice of the court and the justice of the judgment and damage the judicial authority. 4. Pay attention to the influence of trial limit on mediation. According to the provisions of the Civil Procedure Law, cases that are tried by summary procedure shall be concluded within 3 months from the date of filing. For cases tried by summary procedure, the absolute time actually allocated to each case is less than three months, because there are too many cases tried by judges at the same time, and some cases need mediation ... >>
What should be paid attention to in the mediation process of community police?
Hello! In the process of civil dispute mediation, mediators often encounter various difficulties and setbacks, and whether mediation strategies, methods and techniques are properly used should be constantly reflected. At the same time, according to the information feedback of the parties in the mediation process, we will make constant adjustments, correct some misunderstandings, and improve mediation strategies, methods and skills. Furthermore, for the irrational, impulsive and even barbaric behavior of the parties to each other or themselves, they can keep a cool head, keep a cool head with a broad mind, guide their irrational psychology and behavior with a rational attitude, and avoid being involved in disputes between the parties. For disputes that have been successfully mediated, if there are repetitions, be prepared for mediation again. Don't blame and reprimand the parties because of repeated disputes and fear of trouble. Civil mediation is an important work related to the stability and unity among the people, and it is also a very complicated and trivial work. Therefore, to be competent for this job, we must have corresponding psychological quality. Personnel engaged in civil mediation, whether they are members of grassroots people's mediation organizations or people's courts engaged in civil trial work, must have certain psychological qualities suitable for civil mediation work. At the same time, in the civil mediation work, they must consciously adjust their psychological activities in order to do this work well. In practice, different mediation methods should be used flexibly according to different cases and different parties. On the basis of summing up the experience of others, combined with my own trial practice experience, I will talk about the following mediation methods. 1, fault analysis method. Generally speaking, the original defendant in civil litigation has certain faults, but the responsibility ratio of both parties is different. Many plaintiffs sued the court just to get a statement, breathe a sigh of relief and find a psychological balance. When dealing with personal injury compensation disputes, it is generally that both parties share the responsibility, and it is rare for one party to bear the full responsibility. Therefore, in the process of trial, after court investigation, the presiding judge can make a summary, identify the evidence, find out the basic facts, and then criticize and educate the party with great responsibility, generally speaking, the defendant, although sometimes disputes are caused by the party with small fault, and then point out the responsibility that the party with small fault should bear in this case. In short, we should be fair, neutral and fair. Although both sides have been criticized, they are still convinced as long as the responsibilities are clearly defined. On this basis, according to the fault size and economic affordability of both parties, mediation can generally achieve good results, even small cases can be carried out in court. 2. Back to back method. Using "back-to-back method" in many civil cases will achieve some unexpected results. This method can be carried out before the court session, after the adjournment or after the court session. Generally, two judges or a judge and a clerk talk with one party, and through communication, they can understand some substantive issues of the case and let the presiding judge know fairly well. Only by knowing the situation of both sides can we find a breakthrough in mediation. For example, in the process of hearing private lending cases, we can do back-to-back work after understanding the economic affordability of both parties. When talking with the defendant, you can talk about the legal provisions, saying that if the plaintiff does not give in, the defendant must return all the principal and interest within a certain period after the judgment takes effect. Otherwise, the court will take some necessary compulsory measures, and the defendant will lose face and suffer economic losses. When talking with the plaintiff, you can talk about the defendant's practical difficulties or the current situation that he can't pay off his debts in time due to natural and man-made disasters. Instead of "larger foe", it is better to ask the defendant to make a feasible repayment plan and gradually pay off the debt. When the two sides basically agree, it is easy to reach an agreement through face-to-face mediation. Many reasons mentioned in back-to-back work cannot be said in face-to-face situations, otherwise it will have the opposite effect. 3. Family integration. Some family conflicts are caused by temporary anger or trivial matters, and some are getting deeper and deeper. Both sides are unwilling to put down their airs, but from the bottom of their hearts, they are willing to make up, such as maintenance disputes, some are contradictions between parents and children, and some are actually contradictions between brothers. At this time, you can communicate with your child to remind your parents of the suffering of pregnancy in October, the hardships of raising your child, and the selfless love given by your parents during your child's growth. Crows have the feeling of feeding back, and lambs return the kindness of kneeling and nursing. Besides, where are people? Respecting the elderly, loving the young and supporting the elderly are the traditional virtues of the Chinese nation and the obligation of every citizen. Blood is thicker than water, and emotion touches children's souls in reason, blending scenes, making them look back on the preciousness of family ties in the past and the emotional harm caused by the enemy now, so that both sides can seek common ground while reserving differences ... >>
How can we find some authoritative legal cases when we are doing a research on visiting rights?
Ten classic cases and analysis of personality right
First, the case of "What a Bai Yutang". 1987
Reason for selection: the earliest media defamation case.
"Case" 1985 65438+ 10 18, a daily newspaper published a long newsletter "Rose Complaining", which was reprinted by People's Daily, and reported the story of Wang Moumou, a statistician of a county agricultural machinery company, fighting against the unhealthy trend of unit leaders. Later, the female writer Liu went to the county to experience life. According to some people's reaction, she thought that the content of Rose Complaint was inaccurate, and wrote Documentary Novel and Specialty Wang Moumou for the purpose of "seeing and hearing the serious difficulties brought by Rose Complaint". The article used his real name and claimed to show it to Wang. In the dialogue between the characters in the article, he used goblins, monsters, hooligans, mad dogs, political swindlers, pickpockets, rebels, Jiangxi specialties, consistent bullies, peppers, and so on. This article was published in four magazines: Women's Literature, Selected Legal Literature, He Jiang Literature and Wen Hui Monthly, with a circulation of 64 copies. 90 thousand copies. Wang moumou sued the court, demanding that Liu and the publication that published the work bear civil liability for infringing the right of reputation. The court supported the plaintiff's claim.
The "Comment" case is the earliest influential case of infringement of the right of reputation after the implementation of the General Principles of Civil Law. The typicality of this case lies in: first, it involves the infringement of literary works, and whether writing novels will infringe on personality rights. The answer to the case is that literary works and any other written works can constitute forms of infringement as long as they are used to insult and slander others. Second, in works with basically true facts, only insulting language constitutes tort liability. The answer to the case is that no matter whether it is a documentary article or a commentary article, the facts are untrue, which of course constitutes infringement; If the facts are true, but the use of insulting and defamatory language damages the reputation of others, it also constitutes infringement. Third, how to identify the damage facts that constitute infringement of reputation rights. The law does not require the victim to have the consequences of killing himself. This is the fact of mental damage, which can constitute the damage fact of tort liability. But insulting and defamatory words have been known by a third party, that is, "publishing", which is the damage fact that causes infringement. Therefore, this case is very classic and plays an important role in the development of personality right law.
The second is the case of "the privacy of female managers was publicly criticized". 1987
Reason for selection: The infringement of privacy was first identified as the case of infringement of reputation.
"CaseNo." 1987, the defendant Qu Mou served as the deputy manager of a supply and marketing company, and the plaintiff Hong Mou served as the company manager and secretary of the party branch. The two men didn't cooperate tacitly at work, and Qu was biased against Hongmou. Once Hongmou went out and forgot to lock the desk drawer. Qu took the opportunity to see it. I saw a diary of Hongmou and read it without authorization. He found that Hongmou recorded her love, nostalgia and homesickness for her first boyfriend in her diary. She poured out her love for her boyfriend, compared herself to Anna, compared her boyfriend to W. Lenski and compared her husband to karenin, and felt depressed and unable to get rid of it. After Qu saw it, he wrote down the relevant contents, sorted out the materials that proved Hong Daode's corruption and unhealthy life style, made several copies, sent them to relevant departments such as organization, discipline inspection and supervision, and held a staff meeting of the company. At the meeting, he read out some contents in Hong's diary and made exaggerated and distorted explanations. After Hongmou returned to the unit, the employees alienated him, and the relevant leaders talked to him again. Hongmou knows the inside story. In order to protect her privacy and reputation, she filed a lawsuit with the court, asking the court to order the defendant to stop the infringement, apologize and compensate for the losses. The court held that Qu's behavior constituted infringement and supported the plaintiff's claim.
The General Principles of Civil Law in the Commentary does not stipulate the right to privacy, so whether the right to privacy is a personality right is questioned by many people. In practice, cases of infringement of privacy continue to occur, and the victims need legal protection. In the judicial interpretation, the supreme judicial organ determines that the right to privacy is indirectly protected, that is, if the victim's reputation is violated due to the violation of the right to privacy, it shall be dealt with according to the legal provisions of the right to reputation. This case is the most typical one. Facts have proved that the indirect protection of privacy has played a certain role, but without the establishment of a direct protection system for privacy, it is impossible to fully protect privacy. Although the Supreme Court ruled in 1997 that ... > >
What if the police station can't solve the case?
Minor injuries don't have to go through the police station. The police station may think that such a minor criminal case is another family member. I hope you can handle it calmly and your family will forgive you. However, such cases belong to the second category of private prosecution cases, that is, minor criminal cases proved by the victims, including 1. Intentional injury cases, 2 cases. Case of trespassing, 3. Infringement of freedom of communication, 4. Bigamy, 5. Abandon 6. 7, the production of fake and shoddy goods. Infringement of intellectual property rights, 8. Other cases under 3 years stipulated in Chapter IV and Chapter V of the Specific Provisions of the Criminal Law, so you can go to court directly. After the court files the case, you can summon the other party that your brother-in-law is an instigator or a criminal.