The postponement of civil litigation refers to the system that when the people's court hears a case, due to some special circumstances, the trial cannot be held as scheduled or continues to be postponed.
Article 146 of the Civil Procedure Law may postpone the trial under any of the following circumstances:
(1) The parties who must appear in court and other participants in the proceedings do not appear in court for justified reasons;
(2) the party concerned applies for temporary withdrawal;
(3) It is necessary to notify a new witness to appear in court, obtain new evidence, re-appraise and conduct an inquest, or need supplementary appraisal, inquest, appraisal and investigation, or need supplementary investigation;
(4) other circumstances that should be postponed.
Criminal Proceedings
According to Article 198 of the Criminal Procedure Law, if one of the following circumstances affects the trial, the trial may be postponed:
1. It is necessary to notify new witnesses to appear in court, obtain new evidence, re-evaluate or conduct an inquest;
2. It is necessary to notify new witnesses to appear in court, obtain new evidence, re-evaluate or conduct an inquest;
3. It is necessary to notify new witnesses to appear in court, obtain new evidence, re-evaluate or conduct an inquest;
4. It is necessary to notify new witnesses to appear in court, obtain new evidence, re-evaluate or conduct an inquest. The public prosecutor finds that the public prosecution case needs supplementary investigation and makes suggestions;
3. The trial cannot be continued due to the application for withdrawal.
According to Article 455 of the Criminal Procedure Rules of the People's Procuratorate, the public prosecutor may suggest that the court postpone the trial under any of the following circumstances during the trial:
(1) If it is found that the facts are unclear, the evidence is insufficient, or the crime or the suspect in the same case is omitted, it is necessary to make supplementary investigation or provide supplementary evidence;
(2) the defendant needs supplementary investigation and verification to expose other people's criminal acts or provide important clues;
(3) The indictment needs to be supplemented, added or changed, although it is not necessary to supplement the investigation or evidence, when the omission of the crime or the omission of the suspect in the same case is discovered;
(4) applying to the people's court to notify witnesses and expert witnesses to testify in court, or people with specialized knowledge to express their opinions in court. (five) the need to obtain new evidence, re identification, inspection;
(6) it is necessary for the public prosecutor to give the defendant or defender the necessary time to prepare his defense by presenting and reading evidence other than that transferred to the people's court before the court session, or by supplementing or modifying the indictment;
(7) the defendant or defender presents evidence to the court that the public prosecutor does not have;
(8) the defendant or defender presents evidence to the court that the public prosecutor does not have;
(9) The defendant or defender presents evidence to the court that the public prosecutor does not have. (seven) the defendant and the defender show the evidence related to conviction and sentencing that the public prosecutor does not have, which needs to be investigated and verified;
(8) The public prosecutor needs to investigate and verify the legality of the collected evidence.
if one of the above circumstances is found before the people's court holds a hearing, the people's procuratorate may suggest that the people's court postpone the hearing.
article 456 if the court announces an adjournment of the trial, the people's procuratorate shall, within the supplementary investigation period, request the people's court to resume the trial or withdraw the prosecution.
The number of times the public prosecutor suggested postponing the trial during the trial shall not exceed two times, and each time shall not exceed one month.
difference
1. The time is different. Postponement of trial only applies to the process of court trial, while suspension of trial applies to the people's court from the acceptance of the case to the judgment.
2. The reasons are different. The reason for adjournment is the obstacle of litigation itself, and its elimination depends on the completion of some litigation activities. Therefore, adjournment cannot stop litigation activities outside the trial, but the reason for suspending the trial is the irresistible situation, and its elimination has nothing to do with the litigation itself. Therefore, to suspend the trial means to suspend all litigation activities.
3. The predictability of reopening the court is different. The time to suspend or reopen a case can be foreseen, or even decided by the court, but the time to suspend or reopen a case is often unpredictable.