According to the simplicity and complexity of cases, judicial procedures can be divided into ordinary procedures and summary procedures.
The general procedure is:
1, Sue. Usually, it is a written lawsuit, with a clear defendant, specific claims, facts and reasons.
2. accept. After examination, the court decided to file a case that meets the statutory conditions.
3. Preparation before trial. Send a summons to the defendant, the defendant submits a defense, the two sides exchange evidence, and the court allows self-mediation.
4. Open a court session. Court preparation, court investigation, court debate, appraisal and sentencing.
Summary procedure is relative to ordinary procedure, and it is an independent first-instance procedure for grass-roots people's courts and their dispatched courts to try simple civil cases. Summary procedure is only applicable to simple civil cases with clear facts, clear rights and obligations and little controversy; Simple prosecution method, case acceptance procedure and summoning method are simple. The trial is conducted on an exclusive basis and the procedure is simple. When a court tries a case by summary procedure, it shall conclude the case within three months from the date of filing the case.
Summary procedure refers to an applicable procedure of administrative punishment on the spot, so it is also called punishment procedure on the spot. On-the-spot punishment means that administrative organs or statutory organizations give administrative punishment on the spot for administrative violations with clear facts, simple circumstances and minor consequences.
Question 2: What does it mean to enter the judicial process? It means that the result of the administrative ruling (the specific administrative act in the demolition) is likely to have applied to the people's court for compulsory execution.
Question 3: How to Take the Judicial Procedure Article 234 of the Criminal Law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail. Article 238 Whoever illegally detains others or illegally deprives others of their personal freedom by other means shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. Those who are beaten or insulted shall be given a heavier punishment. Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death shall be sentenced to fixed-term imprisonment of not less than ten years. Whoever uses violence to cause disability or death shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law. For those who illegally detain others or detain others for debt, it is very important to punish them in accordance with the provisions of the preceding two paragraphs. China paid attention to this in ancient times, and paid attention to "ceremony" in the Spring and Autumn Period and the Warring States Period. In ancient China, "Li" was interpreted as a social law or etiquette. If you are impolite, the problem will be big. Confucius exclaimed, "Rites collapse and music breaks down", that is to say, everyone doesn't talk about procedures and rules. To rise to the height of law, ceremony is a procedure. The same is true of being an official. An official should have the dignity of being an official, and dignity is also a procedure. As long as they are officials, they all pay attention to the majestic procedures, regardless of national boundaries, localization and cultural conflicts. When it comes to procedure, the people of China have always attached importance to it, especially the procedure of the relationship between monarch and minister. When you see the emperor, you should kowtow, pay homage and shout "Long live, long live, long live". This is a procedure, and power can only be embodied through the procedure. After the Republic of China, it made some progress. Instead of shouting long live, we used political slogans. At the meeting, we should collectively recite the legacy of the Prime Minister, and sometimes even sing "The Three People's Principles are what our party adheres to". Gentlemen, if we don't know laws and procedures, we might as well look at history. After reading history, we will have an epiphany and be enlightened. The United States also attaches great importance to procedures, especially judicial procedures. Americans hand over some important things, even bad things, to courts and judges because judges are honest and knowledgeable, and because courts have their own specific procedures for handling cases. In fact, judges themselves are produced through special procedures. First, the word "procedure" in judicial proceedings may cause ambiguity. There are three words "process", "procedure" and "proceeding" in legal English, all of which can be translated into Chinese "procedure". The first is "procedure", that is, "procedure" in "due process". The Fifth Amendment to the US Constitution stipulates that no one shall be deprived of life, freedom or property without due process of law. Due process also generally means that the decision of the authorities should go through certain legal procedures. "Litigation" generally refers to litigation. Of course, there are various procedural laws, such as the Civil procedure Law and the Criminal Procedure Law. The English word "procedure" also means "procedure". Most of these laws are written rules, focusing on regulating the way lawyers conduct litigation in court. "Judicial procedure" is different, referring to how judges handle cases, which is more traditional and established. According to the case law of the Second Circuit Court of the United States, judicial procedure refers to "any way in which a court obtains and exercises jurisdiction over a person or property." The author of Judicial Procedure also has a simple definition of judicial procedure in the preface. The so-called judicial procedure is to "explore how American judges decide cases." The book "Judicial Procedure" discusses the process of judge's judgment and how American judges deal with the problems that are required to be solved. Most law schools in the United States do not have the course of judicial procedure, and the content is scattered. For example, judicial procedure involves the source of court power, which originally belongs to constitutional discipline. What power does the court have? Where does the power of the court come from? This is a question constantly explored in judicial practice embodied in the constitution and precedents written by American sages. The trial procedure of this court can be found in civil and criminal proceedings. The content of judicial procedure includes "common law trial", which involves the history of common law. There is also a history of Anglo-American legal system in the series of Essentials of American Law, which introduces the ins and outs of common law. Judicial procedure also involves the problem of philosophy of law, that is, how to interpret the law. But the problem of legal interpretation, "this word" > >
Question 4: What do you mean by transferring to judicial proceedings? Judicial procedure can be divided into civil and criminal procedures according to the nature of the case, and the judicial procedure of civil disputes is litigation procedure; The judicial procedure of criminal cases is the procedure of investigation, prosecution and judgment.
Question 5: Access to judicial proceedings refers to the judgment of the court? Or what does it mean? Thank you. Entering the judicial process means entering the links of investigation, prosecution and trial.
Question 6: What is quasi-judicial procedure? What is the difference between judicial procedure and quasi-judicial procedure? Hello, these legal questions, you'd better ask someone who knows the law. You can ask them for free on the legal platform through your legal partner.
Question 7: What do you mean by legal entities and procedures? Legal procedure refers to the practical process of law, including not only judicial procedure, but also administrative procedure, legislative procedure and quasi-judicial arbitration procedure. Substantive rights and obligations, procedural rights and obligations are the mechanisms to adjust this interrelated legal practice process. In civil law countries, procedural rights and obligations and substantive rights and obligations have been codified, which belong to the abstract concept category of formal law and are manifested as legal norms, but they are an adjustment mechanism in legal procedures and are practical in nature. However, it is impossible to define legal procedure by procedural rights and obligations, because procedural rights and obligations have been formalized, and it is impossible for people to copy a complex process in a three-dimensional space in a plane space. Today, substantive law includes two aspects. On the one hand, it is directly related to people's vital interests, such as freedom, personality, property and safety, on the other hand, it is related to the right to participate in various legal procedures, such as the right to vote, the right to appeal, the right to defense and the right to know. These basic rights are the purpose and basis for people to establish or take corresponding legal procedures. The content of the former, such as property rights, personal freedom, etc. As the value goal of legal norms, it is also the goal pursued by various legal procedures; The content of the latter, such as the right to vote, the right to appeal and the right to defense, is also the legitimate source of the legal procedure itself. Comparatively speaking, legal procedure should be a practical step taken by people to establish and realize these value goals. Therefore, the realization of the basic values of legal norms can not be replaced by any expedient measures, and the criticism of legal norms can not be compensated by any exquisite programming.
Question 8: What does the police station mean by going through legal procedures? Going through legal procedures means going through legal procedures. Just to be clear.
Question 9: What is judicial justice, that is, the application of law, usually refers to the special activities of the state judicial organs in handling cases in accordance with legal powers and procedures. Judicature is a way to implement the law, which is of great significance to realize the legislative purpose, give full play to the function of the law and maintain social order. Laws that should be punished by judicial organs include civil law, administrative law and other specific laws. Civil law and administrative law sometimes refer to departmental law, and sometimes refer to code or separate law. However, at present, China's criminal law, constitution and other departmental laws have their own codes, while civil law and administrative law have not promulgated codes, but appear in the form of scattered separate laws.
Question 10: How to go through the judicial process Article 234 of the Criminal Law shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail. Article 238 Whoever illegally detains others or illegally deprives others of their personal freedom by other means shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. Those who are beaten or insulted shall be given a heavier punishment. Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death shall be sentenced to fixed-term imprisonment of not less than ten years. Whoever uses violence to cause disability or death shall be convicted and punished in accordance with the provisions of Articles 234 and 232 of this Law. For those who illegally detain others or detain others for debt, it is very important to punish them in accordance with the provisions of the preceding two paragraphs. China paid attention to this in ancient times, and paid attention to "ceremony" in the Spring and Autumn Period and the Warring States Period. In ancient China, "Li" was interpreted as a social law or etiquette. If you are impolite, the problem will be big. Confucius exclaimed, "Rites collapse and music breaks down", that is to say, everyone doesn't talk about procedures and rules. To rise to the height of law, ceremony is a procedure. The same is true of being an official. An official should have the dignity of being an official, and dignity is also a procedure. As long as they are officials, they all pay attention to the majestic procedures, regardless of national boundaries, localization and cultural conflicts. When it comes to procedure, the people of China have always attached importance to it, especially the procedure of the relationship between monarch and minister. When you see the emperor, you should kowtow, pay homage and shout "Long live, long live, long live". This is a procedure, and power can only be embodied through the procedure. After the Republic of China, it made some progress. Instead of shouting long live, we used political slogans. At the meeting, we should collectively recite the legacy of the Prime Minister, and sometimes even sing "The Three People's Principles are what our party adheres to". Gentlemen, if we don't know laws and procedures, we might as well look at history. After reading history, we will have an epiphany and be enlightened. The United States also attaches great importance to procedures, especially judicial procedures. Americans hand over some important things, even bad things, to courts and judges because judges are honest and knowledgeable, and because courts have their own specific procedures for handling cases. In fact, judges themselves are produced through special procedures. First, the word "procedure" in judicial proceedings may cause ambiguity. There are three words "process", "procedure" and "proceeding" in legal English, all of which can be translated into Chinese "procedure". The first is "procedure", that is, "procedure" in "due process". The Fifth Amendment to the US Constitution stipulates that no one shall be deprived of life, freedom or property without due process of law. Due process also generally means that the decision of the authorities should go through certain legal procedures. "Litigation" generally refers to litigation. Of course, there are various procedural laws, such as the Civil procedure Law and the Criminal Procedure Law. The English word "procedure" also means "procedure". Most of these laws are written rules, focusing on regulating the way lawyers conduct litigation in court. "Judicial procedure" is different, referring to how judges handle cases, which is more traditional and established. According to the case law of the Second Circuit Court of the United States, judicial procedure refers to "any way in which a court obtains and exercises jurisdiction over a person or property." The author of Judicial Procedure also has a simple definition of judicial procedure in the preface. The so-called judicial procedure is to "explore how American judges decide cases." The book "Judicial Procedure" discusses the process of judge's judgment and how American judges deal with the problems that are required to be solved. Most law schools in the United States do not have the course of judicial procedure, and the content is scattered. For example, judicial procedure involves the source of court power, which originally belongs to constitutional discipline. What power does the court have? Where does the power of the court come from? This is a question constantly explored in judicial practice embodied in the constitution and precedents written by American sages. The trial procedure of this court can be found in civil and criminal proceedings. The content of judicial procedure includes "common law trial", which involves the history of common law. There is also a history of Anglo-American legal system in the series of Essentials of American Law, which introduces the ins and outs of common law. Judicial procedure also involves the problem of philosophy of law, that is, how to interpret the law. ......& gt& gt