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In life, if we have disputes, we will go to court. The court is also the judicial organ of the country, symbolizing fairness and justice. However, how should we handle and safeguard our rights and interests when the court handles cases illegally or when the judgment is unfair due to illegal handling? Xiaobian here introduces how to sue the court for handling cases illegally, helping everyone to better defend their rights when encountering such incidents.
1. What is a violation of court rules?
The court broke the law, which is a more general statement. If you think that the "court" involves civil disputes, such as not paying for things and occupying your own land for no reason, then take the court as an independent legal person and file a civil lawsuit with the people's court at the next higher level in the form of ordinary civil disputes. Other situations can be mainly divided into the personal behavior of the judge handling the case and the wrong judgment of the court.
Two. Court prosecution measures
If the executive judge abuses his power or neglects his duty in the process of exercising his power, the parties concerned may report the situation to the discipline inspection department of the court. The Supreme Law stipulates that the court's execution violates the law or the person subjected to execution abuses his power or neglects his duty, causing property losses to the parties, interested parties and outsiders. In accordance with the provisions of the State Compensation Law and relevant judicial interpretations, the subject whose rights have been damaged may also apply to the court for state compensation according to law.
Third, how to sue the court for handling cases illegally?
There are indeed illegal acts in the courts of Chinese mainland, that is, the unjust verdict can be corrected and held accountable through "prosecution", and at the same time, internal supervision can be organized through judicial institutions such as appeal, retrial and protest. However, administrative proceedings cannot be brought, because court hearing is not an administrative act. If you think that the judgment of first instance is illegal, you can appeal to the intermediate court. If the judge of the grass-roots court violates discipline, he can complain to the discipline inspection and supervision department of the court. Courts at all levels seek personal gain by judicial power, that is, malicious perverting the law exists objectively, which sometimes happens. If the court is found to have violated the law, such as corruption and dereliction of duty, it can report to the procuratorate the judge who handled the specific case. If you are not satisfied with the court's decision, you can apply for an appeal to a higher court or the Supreme Court. If you still feel dissatisfied in the second trial, you can lodge a protest with your superiors or the Supreme People's Procuratorate.
To sum up, if you think that the court has made an illegal judgment, such as the judge's corruption and dereliction of duty, you can report to the procuratorate the judge who handled the specific case. If you are not satisfied with the court's decision, you can apply for an appeal to a higher court or the Supreme Court. If you still feel dissatisfied in the second trial, you can lodge a protest with your superiors or the Supreme People's Procuratorate. As a very important judicial organ of the country, the court is a symbol of authority and justice. Therefore, if you encounter an illegal judgment, you should collect evidence and complain to the discipline inspection or higher authorities. The above contents are the basic methods of how to sue the court for illegal handling. For more relevant knowledge, you can consult a lawyer in Shijiazhuang.
Extended reading:
What is the procedure of handling a case by the court?
There are several court procedures.
What is the importance of the court's time limit for handling cases?