Question 2: What is a summary procedure and what is an ordinary procedure? Different scope of application: Article 142 of the Civil Procedure Law stipulates that simple civil cases with clear facts, clear rights and obligations and little controversy shall be tried by the grass-roots people's courts and the courts dispatched by them, and summary procedures shall be applied. Therefore, summary procedure only exists in civil litigation cases of first instance, and only applies to civil litigation cases of first instance brought to the grass-roots people's courts; Moreover, only when the facts are clear, the relationship between rights and obligations is clear, and there is little controversy can the summary procedure be applied. General medical disputes in civil litigation are controversial and involve medical professional issues, and the facts are unclear, so it is not suitable to adopt summary procedures. However, in judicial practice, the grass-roots people's courts tend to abuse summary procedure when trying civil cases of medical disputes. At present, there are many civil litigation cases of medical disputes that are tried by summary procedure. Ordinary procedures shall apply to the trial of civil litigation cases other than those stipulated in Article 142.
The requirements for filing a case are different: in a civil case that is tried by summary procedure, the plaintiff can file an oral lawsuit, and both parties can go to the basic people's court or the court dispatched by it to request the settlement of the dispute; For cases tried by ordinary procedures, in principle, the plaintiff must submit a complaint to the people's court. If it is really difficult for the plaintiff to write a complaint, it can only be prosecuted orally.
The composition of judges is different: civil cases tried by summary procedure are tried by a judge alone, and cases tried by ordinary procedure are tried by people's courts. After accepting the case, a collegial panel shall be formed according to law, and the parties concerned shall be informed within 3 days after the personnel of the collegial panel are determined.
The requirements of trial process are different: summary procedure is a simplification of ordinary procedure, and it is not as strict as ordinary procedure in pre-trial preparation, court investigation order and court debate order. You can summon the parties and witnesses in a simple way at any time. If both parties go to the grass-roots court at the same time to ask for a settlement of the dispute, they can even hold a hearing immediately.
Different trial periods: The provisions on trial period in China's Civil Procedure Law are different from ordinary procedures, and the trial period of summary procedure is short and cannot be extended. The specific provisions are as follows: the people's court shall conclude civil cases within three months from the date of filing the case; Cases that are tried by ordinary procedures shall be concluded within six months from the date of filing. If there are special circumstances that need to be extended, it may be extended for six months with the approval of the president of our hospital. If an extension is really necessary, it shall be reported to the people's court at the next higher level for approval.
Conversion between summary procedure and ordinary procedure: Conversion between summary procedure and ordinary procedure China's Civil Procedure Law stipulates conditional one-way conversion, that is, in the process of trial, if it is found that the case is complicated and needs to be converted into ordinary procedure, it can be converted into ordinary procedure; Cases that have been tried in accordance with ordinary procedures, regardless of whether the circumstances have changed during the trial, shall not be tried by summary procedure.
Question 3: What's the difference between summary procedure and ordinary procedure? Q: Recently, a friend of mine was sued, and the court told me to try it by summary procedure. Because my friend doesn't know the law and what summary procedure is, he entrusted me to represent him in litigation. Although I know something about the law, I'm still not familiar with it, so I hope you can give us a detailed introduction to the summary procedure. A: Summary procedure is a new trial procedure in the revised Criminal Procedure Law, which is the objective need of China's judicial practice and the general trend of the reform and development of criminal procedure system in most countries in the world. Summary procedure is a simplification of the ordinary procedure of first instance, which is embodied in the following aspects: 1. Simplification of trial organization. Article 174 of the new Criminal Procedure Law stipulates that cases that are subject to summary procedure shall be tried by a single judge. 2. Simplification of court prosecution. Article 175 of the new Criminal Procedure Law stipulates: "When a case of public prosecution is tried by summary procedure, the people's procuratorate may not send personnel to appear in court." 3. Simplify court procedures. Article 177 of the new Criminal Procedure Law stipulates: "The application of summary procedures to the trial of cases is not restricted by the provisions of ordinary procedures on interrogating defendants, questioning witnesses, expert witnesses, presenting evidence, and debating in court." 4. Shorten the trial period. Article 178 of the new Criminal Procedure Law stipulates: "The people's court shall conclude a case that is tried by summary procedure within 20 days after accepting it." The purpose of these simplifications is to improve the efficiency of handling cases, but in litigation, we should not blindly pursue simplification and ignore the protection of the defendant's litigation rights, such as the defendant's right to apply for withdrawal and provide new evidence. Litigation rights such as debate, application for withdrawal, final statement and appeal in private prosecution cases shall not be arbitrarily restricted or even deprived because of simplified procedures. The scope of application of summary procedure includes the following two aspects: 1. Only grass-roots people's courts can apply summary procedure; 2. According to Article 174 of the new Criminal Procedure Law, there are three types of cases to which summary procedure applies: (1) Public prosecution cases with clear facts and sufficient evidence that may be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a single fine according to law, and the people's procuratorate suggests or agrees to apply summary procedure. It should be noted that the penalty referred to here is a declared penalty, not a statutory penalty. According to this article, the people's procuratorate and the people's court have veto power over whether to apply summary procedure. In view of the provision in Article 175 of the new Criminal Procedure Law that the public prosecutor may not appear in court, the people's procuratorate shall transfer all the case files to the people's court for cases in which the summary procedure is applied when the people's procuratorate initiates a public prosecution and for public prosecution cases in which the people's court decides to apply the summary procedure with the consent of the people's procuratorate. This seems to be contrary to the revision of the court's pre-trial review method in this criminal procedure law, but it is a requirement for the particularity of applying summary procedure. (2) Cases handled only after being informed; (3) Minor criminal cases prosecuted by the victim with evidence. For these two types of private prosecution cases, the decision to apply summary procedure is self-evident in the court. We should correctly understand the relationship between summary procedure and ordinary procedure. They are both special and ordinary. When a case is tried by summary procedure, other procedures shall be handled in accordance with ordinary procedures, unless there are special provisions in the law. If it is found that the summary procedure is no longer applicable, it should be changed to the ordinary procedure for retrial in time. It should be emphasized here that a case that has been tried by ordinary procedure cannot be changed into summary procedure even if it is found to be suitable for trial by summary procedure. (Horizon Law Firm)
Question 4: What does ordinary court procedure mean? Ordinary procedure: refers to the procedure that people's courts usually apply when trying civil litigation cases of first instance. From the basic structure of ordinary procedure, it includes five links: prosecution and acceptance, pre-trial preparation, trial, litigation suspension and termination, judgment and ruling.
Question 5: What are the characteristics and significance of the ordinary procedure of first instance? Take civil cases as an example. The ordinary procedure of first instance, also known as ordinary procedure, refers to the most basic procedure that people's courts usually apply to the trial of civil cases of first instance. Ordinary procedure is superior to other procedures in the completeness of legislation, the importance of status, the structure and complexity of procedures. Ordinary procedure is the basis of the whole civil trial procedure, and many principles and systems of the civil procedure law are fully embodied in this procedure. At the same time, due to the integrity of ordinary procedural norms, it can provide reliable procedural guarantee for the people's courts to correctly hear civil cases. The procedure of first instance stipulated in China's civil procedure law includes ordinary procedure and summary procedure.
Characteristics of ordinary procedure of first instance:
(1) Ordinary procedures have the basis and independence of procedures.
(2) Ordinary programs have program integrity.
(C) the general procedure has a wide range of applicability
Meaning:
1. The procedure of first instance is the necessary procedure for people's courts to hear cases. Any case can only enter other trial procedures after the first instance procedure. Therefore, compared with other procedures, the procedure of first instance has the nature of general rules, in which the general provisions on trial are stipulated, while other procedures only stipulate special issues. If there are no special provisions, the provisions in the procedure of first instance shall apply.
2. The procedure of first instance is the key link for people's courts to hear cases.
3. The procedure of first instance can not only implement various litigation principles and systems, but also educate citizens on the legal system with direct, vivid and concrete cases, improve their legal awareness and consciously abide by the law.
4. Correctly and legally executing the procedure of first instance can reduce appeals or appeals, reduce unnecessary burdens of parties and improve litigation efficiency.
Question 6: What is the general procedure of makeup? 1. Nursing.
Toner-eye cream-emulsion/cream-cream (be sure to touch this, it can be made on the surface without invading the skin)-sunscreen.
Second, make up.
1 It's makeup, liquid foundation and BB cream (choose one you like and suit your skin color).
2. Concealer. If you have spots or marks, cover them with concealer, concealer pen or concealer pen.
3 are eye, eyeliner, eye shadow, mascara and eyebrow pencil lines.
4 is blush, choose according to the color of your eye shadow.
5 Fix makeup with honey powder, loose powder or powder cake.
6 lipstick, lip gloss or lipstick
Question 7: How to judge summary procedure or ordinary procedure? To put it simply: summary procedure is the trial rules and time for a judge to hold a trial and trial. Ordinary procedure is also called ordinary procedure, that is, a trial team composed of more than three judges applies the court rules and trial time of ordinary procedure! The cost of summary procedure will be halved!
Question 8: Comparison of similarities and differences between ordinary procedure and summary procedure: 15 Summary procedure is a trial procedure specially designed for basic people's courts and their dispatched courts to try simple civil cases. Summary procedure is an independent procedure of first instance, which coexists with ordinary procedure, but it is simpler in procedure than ordinary procedure.
The simplicity of summary procedure is mainly manifested in the following aspects: (1) The way of defense is simple, and oral defense can be used. (2) The acceptance procedure is simple. In summary procedure, both parties can go to the basic people's court or its dispatched court at the same time to request the settlement of the dispute. If the conditions for prosecution are met and the defendant agrees to oral defense, the basic people's court or the court dispatched by it may hold a hearing immediately. (3) The summoning method is simple. After the plaintiff brings a suit, the people's court may summon both parties and witnesses at any time by simple means such as leaving a message, telephone, fax or e-mail. (4) The judicial organization shall be solely responsible. A single judge hears cases and makes separate judgments. (5) The trial procedure is simple. In the process of court hearing, if the parties have no dispute about the facts of the case, the judge may make a judgment or ruling after listening to the debate on the application of the law by the parties. Summary procedures shall be concluded at one time, unless the people's court deems it necessary to hold a court session. (six) the production of judgment documents can be simplified as appropriate. (7) The probation period is short. It shall be concluded within three months from the date of filing the case.
Trial characteristics of civil summary procedure
1, which is convenient for litigants. China has a vast territory and a large population, and many areas have inconvenient transportation. These objective conditions have caused certain difficulties to the people's litigation. The application of summary procedure to the trial of simple civil cases can effectively reduce the litigation burden for the parties, save manpower, financial resources and time, solve civil disputes between the parties in time, protect the legitimate rights and interests of the parties in time, and help mobilize the people's work and production. 2. It is convenient for people's courts to handle cases. Quite a few civil cases are simple civil cases. In recent years, with the sharp increase of civil cases, people's courts have applied summary procedures to try cases, which have simplified many procedures and formalities compared with ordinary procedures. This has enabled a large number of simple civil cases to be handled in time, improved the efficiency of the people's courts in handling cases, enabled the people's courts to concentrate on trying major and complex civil cases better, and ensured the quality of handling cases. 3. It is conducive to alleviating the contradiction between the trial force and the trial task, resolving disputes in time, and effectively preventing the intensification of contradictions. 4. It is conducive to cultivating, exercising and improving the decision-making ability and emergency response ability of judges. In short, correctly grasping the summary procedure is one of the most ready-made, simplest, fastest and most direct methods to improve the efficiency of handling cases.
The summary procedure is characterized by the word "Jane". However, in the application of summary procedure, attention should be paid to protecting the legitimate rights and interests of the parties according to law. 1, a brief introduction to the filing procedure of litigation initiation and responding. Article 143 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that the plaintiff may file an oral lawsuit in a simple civil case. Both parties may at the same time request the grassroots people's court or the court dispatched by it to resolve the dispute. The basic people's court or the court dispatched by it may hold a hearing immediately or hold another hearing. According to the above-mentioned provisions of the Civil Procedure Law, the prosecution mode of the parties applying summary procedure, whether oral or written, cannot be restricted or attached with any conditions, and the parties can choose independently. However, according to the provisions of Article 109 of the Civil Procedure Law, it is generally stipulated that the prosecution method of the parties applying summary procedure should be written prosecution, and oral prosecution is allowed only if it is really difficult to write a complaint. In my opinion, if a case is tried by summary procedure, no matter whether the plaintiff files an oral lawsuit or a written lawsuit, as long as the original defendant and the defendant come to court at the same time to solve the dispute and decide to try it immediately, and as long as the defendant does not request a written reply, there is no need to serve the defendant with a copy of the complaint and a notice of responding. Before the trial, the judge will inform the parties of their litigation rights, and the original defendant and the defendant will directly make oral defense during the trial. This can reduce the time for the court to transmit a copy of the indictment (or oral prosecution points) and a copy of the defense. Only when the original defendant and the defendant did not appear in court for settlement at the same time, or the defendant clearly expressed his disagreement with the settlement during the defense period, the defendant was notified to appear in court and served with a copy of the complaint. If the defendant requests a written defense or any party requests time to entrust an agent ad litem, the litigation rights of the parties shall be respected and allowed. When a case is tried by summary procedure, whether to serve the defendant with a copy of the complaint and the notice of responding to the lawsuit may vary from case to case, and there is no one-size-fits-all approach. ......& gt& gt
Question 9: What is an ordinary procedure and what is a summary procedure? This paragraph gives an overview of the marriage procedure.
Marriage procedure, also known as the formal elements of marriage, refers to the necessary way of concluding marriage stipulated by law.
Both men and women who want to get married must go to the marriage registration office to register their marriage in person. Those who meet the provisions of the Marriage Law shall be registered and issued a marriage certificate. Getting a marriage certificate is tantamount to establishing a relationship between husband and wife. Those who have not registered for marriage shall re-register.
Marriage registration is a system for the state to supervise and manage the establishment of marriage relations. The registration system can guarantee the freedom of marriage and the implementation of the principle of monogamy, protect the health of marriage parties and their children, avoid illegal marriage and prevent the occurrence of marriage and family disputes.
Edit the legal procedure of marriage in this paragraph.
1. Marriage is a compulsory act, and the relationship between husband and wife can only be established if a marriage certificate is obtained.
2. Marriage is personal, and the parties should handle it in person, and agency is not applicable.
3, remarriage, you should also register, otherwise there will be no husband and wife relationship.
4. Among them, "those who have not registered for marriage shall register again." To some extent, the recognition of de facto marriage has been restored, that is, if two people live together in the name of husband and wife and meet the conditions for marriage, but have not yet registered for marriage, both parties should re-register and get a marriage certificate. This provision reaffirms the necessity of marriage registration from a positive perspective. Those men and women who meet the marriage conditions stipulated in the Marriage Law, have held a marriage ceremony or have lived together in the name of husband and wife, but have not registered for marriage, should re-register as soon as possible to legalize their marriage behavior.
The marriage registration office edits this paragraph.
1, the jurisdiction of the marriage registration authority is:
1) According to the Regulations on Marriage Registration of the State Council, the civil affairs department of the State Council is in charge of the management of marriage registration throughout the country;
(2) The civil affairs departments of local people's governments at or above the county level shall be in charge of the administration of marriage registration within their respective administrative areas;
(3) The marriage registration authority is the subdistrict office or civil affairs department of a city under the jurisdiction of a city or a city not divided into districts;
4) The countryside is the people of townships, nationality townships and towns.
2, the marriage registration authority is responsible for:
1) Marriage registration;
2) issue a marriage certificate;
3) Dealing with illegal marriages according to law;
4) Publicize the marriage law and advocate civilized marriage customs.
Edit this marriage registration procedure.
Marriage registration can be roughly divided into three links: application, examination and registration.
(1) application
1. China citizens apply for marriage in China.
Both parties must apply for marriage registration in person at the marriage registration office where one of them is registered. When applying, you should hold the following documents and certificates: (1) household registration (2) resident identity card;
Divorced people should also hold a divorce certificate. If a divorced party resumes the relationship between husband and wife, both parties must personally apply for remarriage registration at the marriage registration office where one party's account is located.
2. China citizens and foreigners (including foreigners residing in China and temporarily coming to China, overseas Chinese and foreigners residing in China) apply for marriage in China.
Both men and women must apply for registration at the marriage registration office designated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government where China citizens are registered. China citizens and foreigners applying for registration shall hold the following documents respectively:
1), China citizens must hold:
1) my household registration certificate;
2) The certificate of my name, gender, date of birth, nationality, marital status (unmarried, divorced, widowed), occupation, nature of work and the person I applied for marriage shall be issued by the people's government at the county level where my domicile is located or by the organs, schools, institutions and enterprises at or above the county level where I work.
2) Foreigners must have:
1) my passport or other proof of identity and nationality;
2) Alien residence permit issued by public security organ, identity certificate issued by foreign affairs department, or temporary entry and residence certificate;
3) A certificate of marital status certified by the Ministry of Foreign Affairs (or an organ authorized by the Ministry of Foreign Affairs) and the Chinese embassy or consulate in that country, or a certificate of marital status issued by the Chinese embassy or consulate in that country.
3) Foreign citizens must have:
1) proof of identity and nationality of my passport or substitute passport (except stateless persons);
2) Alien Residence Permit issued by the public security organ;
3) My name, gender, date of birth, nationality, marital status (unmarried, divorced, widowed), occupation, nature of work, and what to apply for, shall be issued by the people's government at the county level where my domicile is located or by the organs, schools, institutions and enterprises at or above the county level where I work ..... > >
Question 10: under what circumstances can a summary procedure in a civil case be transformed into an ordinary procedure? 1. According to Article 146 of the Civil Procedure Law, the people's court shall conclude a case by applying summary procedure within three months from the date of filing the case.
Therefore, if it cannot be concluded within this time limit, it should be converted into ordinary procedures.
2. According to the judicial interpretation of the Civil Procedure Law, if the case is complicated when the summary procedure is applied, it can be transferred to the ordinary procedure. Please refer to article 170 of the civil complaint:
The trial period shall not be extended for cases that are tried by summary procedure. During the trial, if it is found that the case is complicated and needs to be transferred to the ordinary procedure, it can be transferred to the ordinary procedure, and the collegial panel will hear the case and notify the parties in time. The trial period shall be counted from the day after the case is filed.