Chapter VII Filing a Case and Withdrawing a Case
Section 1 Acceptance of Cases
Article 166 A public security organ shall immediately accept a citizen's abduction, report, complaint, report or the criminal suspect's voluntary surrender, inquire about the situation and make a record. After verification, the abductor, informant, accuser, prosecutor and surrenderer shall sign and press their fingerprints. When necessary, audio or video recordings shall be made.
Section 2 Legislation
Article 175 After accepting a case, the public security organ shall, after examination, consider that the criminal facts that need to be investigated for criminal responsibility belong to its own jurisdiction, and shall file a case with the approval of the person in charge of the public security organ at or above the county level.
If it is considered that there are no criminal facts, or the criminal facts are obviously minor and need not be investigated for criminal responsibility, or there are other circumstances in which criminal responsibility is not investigated according to law, the case shall not be filed with the approval of the person in charge of the public security organ at or above the county level.
If a complainant decides not to file a case, the public security organ shall make a notice of not filing a case and serve it on the complainant within three days.
Extended data:
The first online direct reporting channel in Jiangsu can be completed within 20 minutes.
Public trust. Xinhuanet Wuxi, February 4 (Sun Quan) The People's Court of nanchang district, Wuxi opened the first online lawyer channel in Jiangsu on the 4th. This is another new attempt to use information technology to meet the judicial needs of the masses and facilitate the litigation of the masses after the opening and operation of the online appointment filing platform.
After the opening of the platform, the whole filing process of related cases can be directly completed online, which further simplifies the work link, reduces the filing time and reduces the litigation cost. Ideally, the operator can complete the whole declaration process within 20 minutes.
It is understood that "the Central Committee of the Communist Party of China's Decision on Several Major Issues of Comprehensively Advancing the Rule of Law" proposes to reform the court case acceptance system and change the filing review system into the filing registration system. Taking this opportunity, Wuxi Nanchang Court opened an online booking channel at the end of 20 12. Through this channel, the parties directly submit filing materials online.
After the approval of the filing department, you can make an appointment at the filing window to go through the formal filing procedures. Online booking for filing a case can mainly reduce the fatigue of the parties running back and forth due to factors such as incomplete materials or unqualified requirements.
Although the court opened a convenience platform for good intentions, many parties and entrusted lawyers did not "wait and see" about online appointments. Statistics show that in the past two years, only 17 cases were successfully filed through the online booking filing platform of Nanchang court, and there was no expected online booking filing fever.
In this regard, Lin Chunjiang, vice president and spokesperson of Nanchang Court, said frankly that after investigation, the court found that the reason why online appointment filing is "unpopular" is that online appointment filing requires the parties to be proficient in operating computers, master certain knowledge of surfing the Internet and scanning, and understand the court's requirements for filing materials. It is also necessary for the parties to have scanning equipment at home, which the general parties may not have.
"Under normal circumstances, after the parties and entrusted lawyers make an appointment online, they need to go to the court filing window to go through the formal filing procedures. For lawyers who are familiar with the court filing conditions and submit relatively complete materials, the convenience of this online appointment filing model cannot be effectively reflected. "
Liu Yigang, president of the filing court of Nanchang Court, said that the purpose of the online direct filing lawyer channel opened by the court is to provide more refined litigation services according to the different judicial needs of different groups, and to open the "last mile" for lawyers who are familiar with the conditions for filing a case in the court and participate in litigation, so as to realize the transformation from "only running once" to "not running once".
The reporter learned that five law firms in Wuxi have joined the online direct filing lawyer channel launched by Nanchang Court. Relying on the official QQ platform of Nanchang Court, all five law firms have designated the only official QQ number as the online direct filing application platform, and lawyers authorized by law firms can directly submit materials online to apply for filing through computers or mobile phones.
After online examination, the staff of the court filing department formally filed a case in line with the filing conditions, and served the Notice of Payment and the Notice of Case Acceptance by electronic delivery. Lawyers who apply for filing can prepay their legal fees online through online banking and other means to complete the whole filing process.
"Through the online direct filing lawyer channel opened by the nanchang district court, our lawyers don't need to go to the court to go through the final filing confirmation procedures, which effectively saves the transactional work time for lawyers to go back to the court to go through the filing procedures.
It should be said that it is a good move. Xu Yanqing, director of Jiangsu InterDonghua Law Firm, said in an interview that building an online filing platform is the embodiment of the informationization and convenience of the court. I hope that in the future, courts and related lawyers need to strengthen network security when using this platform to ensure the continuous operation of the platform.
Baidu Encyclopedia: Procedures for Public Security Organs to Handle Criminal Cases
China News Network: The first direct online reporting channel in Jiangsu, which can be completed within 20 minutes.