What does it mean to file a lawsuit?
That's a good question The following is my answer.
There is no filing in civil litigation, only filing, filing, plaintiff qualification, litigation request and defendant file a written or oral complaint with the court with jurisdiction and submit basic evidence to prove the facts of litigation.
Filing refers to the act of forming records, that is, the act of registering, that is, registering, and at the same time forming relevant documents and records and keeping them. The purpose of filing is to facilitate inquiries that may be needed in the future.
What do you mean by calling the police?
Filing a case refers to the police station filing a case for investigation after the police report the case. This is called filing, another way of saying it is filing. Alarm filing refers to reporting the reason to the vertical management organ for filing. From the perspective of administrative law, in practice, it is mainly the provisions of the Legislative Law and the Regulations on the Filing of Rules and Regulations.
According to the Administrative Measures for Filing Non-operating Internet Information Services deliberated and adopted at the 12 ministerial meeting of the Ministry of Information Industry of People's Republic of China (PRC), the provision of non-operating Internet information services within the territory of People's Republic of China (PRC) shall be filed. It is forbidden to engage in non-profit Internet information services in People's Republic of China (PRC) without filing, and websites without filing will be fined and closed.
What do you mean by filing?
Filing means reporting the reasons to the competent authorities and keeping them on file for future reference.
From the perspective of administrative law, filing is mainly stipulated in the Legislative Law and the Regulations on Filing Rules.
According to the spirit of "Administrative Measures for Filing Non-operating Internet Information Services" adopted at the 12 ministerial meeting of the Ministry of Information Industry of People's Republic of China (PRC), the provision of non-operating Internet information services within the territory of People's Republic of China (PRC) shall be filed.
Without filing, you may not engage in non-operating Internet information services in People's Republic of China (PRC). For unregistered websites, fines will be imposed and closed.
There are two kinds of filing: one is business filing and the other is non-business filing. The latter is relatively more, and the former is generally unable to get approval due to many conditions.
As far as the development of domestic Internet is concerned, it is relatively difficult to strictly distinguish the difference between the two, and most websites will have a certain degree of profit.
Extended data:
Filing requirements:
1, organizational guarantee and system improvement requirements
Each access service unit shall set up an on-site inspection website filing information department before the end of 20 10, responsible for the authenticity verification of website filing information, and implement the unit leadership responsibility system.
Should establish the filing business norms and filing work assessment system of this unit. Clarify the job responsibilities of the filing personnel, conduct an annual assessment of the professional ability of the filing personnel, and take the quality of daily filing work as an important indicator of assessment.
Each access service unit shall formally implement face-to-face verification of website filing information before the end of March 20 10, and report the work to the issuing authority and the place where the unit is registered.
What do you mean by theft filing?
Filing means reporting the reasons to the competent authorities and keeping them on file for future reference.
The materials required for filing are as follows:
1, record form in duplicate (signature).
2. A copy of a valid personal identification document.
3. Responsibility Letter (official seal).
4. Screen-copied icons of "Cyber Police Box" and "Police, Check" are hung on the website.
5, computer security officer certificate copy.
6, the international networking for the record user information network security basic situation table (personal signature).
Interim provisions on the filing system before the entry into force of judgment documents?
I. Drafting
Article 1 The presiding judge (the sole judge and the presiding judge of the collegial panel) is the drafter of judgment documents (including judgments, conciliation statements, rulings, judgments, etc.). ), the presiding judge independently completes the drafting of the judgment document.
Article 2 The judge in charge shall draft judgment documents in time. Generally, the drafting of the judgment shall be completed within 10 working days after the end of the trial, or within 5 working days after the opinions of the collegial panel and the discussion opinions of the judicial committee are confirmed; Advocating court mediation, the drafting work should be completed within 2 working days after the mediation agreement is reached at the latest; The ruling shall be drafted within 1 working days after receiving the application or making a decision.
Article 3 When drafting a judgment document, the judge in charge shall fully follow the facts ascertained in the case, the collegial opinions of the collegial panel and the discussion conclusions of the judicial committee. The facts in dispute, the focus of litigation and the summary of litigation (prosecution) opinions should be comprehensive and accurate.
Article 4 In the process of drafting judgment documents, the judge in charge shall pay attention to the external intuition of judgment documents. Basic information such as the name of the court, the type of documents, the case number, the subject of litigation, the source of the case and the trial process should be accurate and comprehensive. Inform the parties of litigation rights and obligations and other matters should be comprehensive and accurate, and the signature should be accurate and standardized. Official document title, font, line spacing, punctuation, digital use and other writing norms should be strictly implemented in accordance with the relevant provisions.
Article 5 In the process of drafting judgment documents, the judge in charge shall pay attention to improving the internal quality of the documents. The expression of legal relationship should be clear. Evidence should be adopted properly, legally and fully. We should accurately judge the probative force of evidence and clarify the probative relationship between evidence and facts. The logic of judgment reasons and case analysis should be strict, the reasoning should be thorough, and the explanation should be sufficient and refined. The written expression of the document should be fluent, standardized and accurate, so as to prevent text errors.
Second, issue
Article 6 The authority to examine and issue judgment documents shall be determined according to the requirements of the judicial organization, the presiding judge and the dean in charge and the provisions of the procedural law. Follow the principle of grading responsibility and strengthening supervision, and combine independent trial with collective control.
Article 7 The manuscript of the judgment document submitted by the judge shall be attached. When necessary, it shall report the main facts, key evidence, focus of disputes, reasons for ruling and other major information of the case to the auditors, and accept the auditors' inquiries about relevant issues.
Article 8 The issuer of the review of judgment documents shall comprehensively review the quality of the documents. Focus on reviewing whether the trial procedure, evidence identification, fact confirmation, legal application and entity handling are standardized. In line with the facts of the case and legal provisions. If the audit opinion is inconsistent with the judicial institution, the original judicial institution may be required to re-collegiate or think. If the opinion cannot be unified, it shall be submitted to the judicial committee for discussion and decision according to the regulations.
Article 9 Judgment documents shall be examined and issued at different levels. Failing to review and issue according to the prescribed procedures, according to different situations, the responsibility of the person responsible for the judgment document shall be investigated according to the relevant provisions.
Third, proofreading and printing
Twenty-fourth judges and clerks of the original judicial institutions are responsible for proofreading and printing the judgment documents, and both parties are responsible for proofreading the judgment documents that have been examined and issued. Proofreading, we advocate the proofreading system to proofread the words, symbols and formats of judgment documents in an all-round way to ensure that they are consistent with the documents being audited and there are no low-level mistakes.
Twenty-fifth proofreaders of judgment documents shall proofread the documents in time. Generally, proofreading and printing should be completed within ten days after the document is reviewed and issued, and the presiding judge should be informed.
Twenty-sixth after the issuance of the judgment document, the document served on the parties shall be accompanied by the cover of the judgment document.
Fourth, delivery
Twenty-seventh after the proofreading of the judgment documents, the judgment and delivery shall be arranged in time.
Article 28 Before a case is pronounced, the parties and participants in the proceedings shall be summoned to court in advance in accordance with the regulations, the time and place of sentencing shall be announced, and the corresponding service receipt and announcement documents shall be kept intact to ensure the legality of public sentencing and court hearing procedures.
Twenty-ninth after the case is pronounced, the parties shall be served with relevant legal documents such as judgment documents, notices of rights and obligations of appeal in a timely manner. If a verdict is pronounced in court, it shall be served within ten days after the verdict is pronounced; If the sentence is pronounced in due course, it shall be served within five days after the sentence is pronounced. The way and time limit for serving the judgment documents shall comply with the provisions of the relevant procedural law. Advocate direct service of judgment documents, which should be accompanied by relevant documents for future reference.
Verb (abbreviation of verb) valuation
Thirtieth trial supervision court is the organization and implementation department of judgment document evaluation, and is responsible for daily evaluation.
Article 31 The evaluation of judgment documents shall follow the principle of combining daily evaluation with special evaluation. The quality inspection department (trial court) conducts routine evaluation on a monthly basis to evaluate the closed judgment documents; The special evaluation was conducted according to the requirements of the higher court.
Thirty-second trial supervision court shall timely feedback the evaluation results of judgment documents, and report the evaluation results at least twice a year. Timely feedback outstanding problems to relevant departments and contractors, and urge them to rectify; For the existing universal problems, a special evaluation and investigation report will be formed and submitted to the hospital leaders and test management departments.
Thirty-third strengthen the evaluation of judgment documents. Every year, the selection of excellent judgment documents is carried out, and judges who have obtained excellent judgment documents are commended and rewarded. If the competent judge and the person responsible for proofreading, printing, reviewing and issuing the judgment documents with serious errors fail to perform their duties, disciplinary sanctions shall be given according to the circumstances. At the same time, the evaluation results of judgment documents are linked to departmental performance appraisal.
Openness of intransitive verbs
Article 34 The publication of judgment documents on the Internet is an important measure to implement sunshine justice. Internet surfing should adhere to the principles of legality, standardization, comprehensiveness, timeliness, strictness, prudence, positivity and safety.
Thirty-fifth the following judgment documents belong to the judgment documents that can be published online:
(a) all kinds of first-instance and retrial judgments;
(2) A written ruling of inadmissibility;
(3) A written ruling on the objection to jurisdiction;
(4) A written ruling dismissing the prosecution or appeal;
(five) execution objection, execution reconsideration and other rulings with substantive content in the execution case.
The above-mentioned judgment documents published online must be legally effective judgment documents.
Thirty-sixth judgment documents shall not be published on the Internet under any of the following circumstances:
(a) involving state secrets, commercial secrets and personal privacy;
(2) Cases of juvenile delinquency;
(three) involving marriage and family disputes;
(4) Closing the case through mediation;
(5) The withdrawal of the lawsuit is allowed or handled according to the withdrawal;
(six) involving major political, diplomatic, ethnic, religious, social stability and other sensitive issues;
(seven) because of the online publication of the judgment documents, it is obviously possible to intensify the contradictions between the parties;
(eight) a written request by one or both parties not to publish the judgment documents on the Internet is justified and does not involve public interests;
(nine) other inappropriate online publishing.
Article 37 The judgment documents published on the Internet shall be consistent with the judgment documents served on the parties (except the contents that need necessary technical treatment according to the provisions of these Measures).
Article 38 The judgment documents published on the Internet shall deal with the personal information of the parties, such as their home address, communication mode, ID number and bank account number, as well as the personal information of the litigants' witnesses or close relatives. Relevant technical treatment shall be carried out for the contents that are not suitable for publication on the Internet, such as trade secrets. Specifically, it is handled in the following ways:
(1) If the party concerned is a natural person, the surname (such as "Zhang Moumou" and "Wang Moumou"), gender and age (date of birth in the civil judgment document) of the party concerned are generally kept, and the rest information is deleted.
(2) If the party concerned is a legal person or other organization, the information such as the name, domicile, surname, gender, age, etc. of its legal representative or person in charge shall be subject to corresponding technical treatment by means of symbol substitution. For example, it can be regarded as "Changxing XX Limited Liability Company".
(3) The witness replaces the first name with the last name and deletes other relevant personal information.
(4) Other information content that cannot be disclosed according to law, or information content that may have significant adverse consequences after disclosure, should be deleted or replaced by symbols that cannot infer its true information content.
Article 39 In order to facilitate inquiry and retrieval, the undertaker shall uniformly name the judgment documents accessed on the Internet according to the case name specification, and the case name shall be expressed as "party+cause of action+document type". For example, the first-instance judgment of civil cases can be expressed as "the first-instance civil judgment of XX company v. XX company in auction contract dispute case", and the first-instance judgment of criminal cases can be expressed as "the first-instance criminal judgment of Zhang San's intentional homicide case".
Fortieth office is responsible for the centralized management of online publication of judgment documents, and ensure the quality of online publication of judgment documents. The judgment documents are uniformly released through the portal website of Changxing County People's Court.
Article 41 The filing court and the relevant business court shall specify in the notice of litigation the matters concerning the publication of judgment documents on the Internet. When serving the judgment documents, the relevant business court shall inform the parties of the right to apply not to publish the judgment documents on the Internet.
Article 42 The publication of judgment documents on the Internet shall be completed within 30 days from the effective date of judgment documents.
Article 43 A review and approval system for online publication of judgment documents shall be established. Before the documents are published on the Internet, the case undertaker shall review them again and conduct technical treatment in accordance with the provisions of Article 7 of these Measures. The undertaker shall, after signing the opinions on the Approval Form for Online Publication of Documents, report it to the person in charge of the department for approval. The judgment documents of major, difficult, complicated and highly concerned cases undertaken by the department heads shall also be examined and approved by the competent vice president. Unapproved judgment documents shall not be published on the Internet.
Article 44 The person in charge of the department or the vice president in charge shall review the following matters of the judgment documents published on the Internet:
(a) whether it belongs to the scope of online publishing, and whether the circumstances mentioned in Article 5 of these Measures exist;
(two) whether the format is standardized, whether the sentence is fluent, and whether there are typos;
(three) whether the content is true and accurate, and whether the reasoning is logical and sufficient;
(four) whether the technical treatment has been carried out in accordance with the provisions of article seventh of these measures.
Forty-fifth after examination and approval, it is considered that it can be published online. The case-handling department will submit the approval form, the original valid certificate and electronic documents to our office, and publish them online after being audited by specialized personnel.
Forty-sixth the judgment documents to be published on the Internet have errors in words or punctuation, and shall be ordered to make corrections, and shall not be published on the Internet.
If individual words or punctuation errors are found in the judgment documents published online, a correction ruling shall be made and published online at the same time.
Article 47 The office shall regularly inform the online publication of judgment documents of all departments of our hospital.
Article 48 The Bureau shall establish a public opinion dynamic tracking system and an emergency response mechanism, collect relevant feedback information published on the Internet in a timely manner, and effectively prevent, deal with and eliminate the adverse impact of negative media speculation on the image and judicial authority of the people's courts.
Forty-ninth relevant departments should regularly pay attention to the comments of netizens on the judgment documents, and promptly reply to the opinions and questions of netizens on the judgment documents of our hospital. For the specific opinions and questions raised by netizens, the original undertaking department shall promptly put forward the reply opinions, and after being audited by the person in charge of the department or the vice president in charge, the office will uniformly reply to netizens online; If the netizen is a party, the original undertaking department shall notify him to answer the question after the judgment.
Fiftieth strengthen the supervision of the online publication of judgment documents. In any of the following circumstances, the corresponding responsibilities shall be investigated according to the relevant provisions:
(1) Publishing judgment documents on the Internet without approval;
(two) the information content that should be technically processed is not processed according to the regulations, but the judgment document is directly published on the Internet;
(three) the audit is not strict, which leads to the publication of the judgment documents that should not be published online;
(four) the response and disposal of netizens' criticisms, opinions and questions is not timely or obviously inappropriate.
Article 51 Each business court shall establish an online filing system for judgment documents, and submit the number of online judgment documents, the number of offline judgment documents and the reasons to the Sunshine Judicial Leading Group Office of our hospital every quarter.
Seven. supplementary terms
Article 52 The power to interpret these Interim Provisions belongs to the judicial committee of our court.
Article 53 These Interim Provisions shall come into force as of 2012165438+1October 27th.