1. Regional jurisdiction:
Criminal proceedings: the jurisdiction of the court where the crime occurred, supplemented by the defendant's domicile (including domicile and residence); The initial court trial is supplemented by the court trial in the main crime place; Jurisdiction in special circumstances. Jurisdiction cannot be transferred downwards.
Civil litigation: the general principle is that the court where the defendant is located shall have jurisdiction, except the court where the plaintiff is located; Special provisions on divorce jurisdiction; Special territorial jurisdiction (9 kinds); Exclusive jurisdiction: real estate, port, place of death of the deceased or main heritage. Jurisdiction can be transferred downwards.
Administrative litigation: it shall be under the jurisdiction of the court where the administrative organ originally made the specific administrative act. After reconsideration, it may also be under the jurisdiction of the court where the reconsideration organ is located; A lawsuit brought by administrative compulsory measures restricting personal freedom shall be under the jurisdiction of the court where the defendant or plaintiff is located; A lawsuit brought for real estate shall be under the jurisdiction of the court where the real estate is located. Jurisdiction can be transferred downwards.
2. Time limit for accepting and serving a copy of the indictment on the defendant (defendant):
Criminal proceedings: public prosecution (ordinary procedure): decide to accept it within 7 days, and send a copy of the indictment of the procuratorate to the defendant 10 before the court session and inform the defender that it can be entrusted; Public prosecution (suggested summary procedure): accepted within 3 days; Private prosecution: 2 to 15 accepted.
Civil litigation: file a case within 7 days and notify the parties concerned, and serve a copy of the complaint to the defendant within 5 days from the date of filing the case. The defendant filed a reply within 15 days after receiving it, and the court served it on the plaintiff within 5 days after receiving it.
Administrative litigation: decide to file a case within 7 days from the date of receiving the complaint, and send a notice of responding within 5 days; If you can't decide whether to file a case within 7 days, file a case first; If the case is not filed or ruled, the parties concerned shall appeal or bring a lawsuit to a higher court, and those who meet the conditions shall be accepted.
3. Counterclaim conditions:
Criminal procedure: the object is the private prosecutor of this case; The content of counterclaim is related to this case; Counterclaim cases belong to: minor criminal cases that are handled after being informed and the victim has evidence to prove; A counterclaim shall be made during the proceedings, at the latest before the verdict is pronounced in a case of private prosecution.
Civil action: the defendant in this case filed a lawsuit against the plaintiff in this case; Must be put forward in the course of this lawsuit (from acceptance to the end of the debate); It must be submitted to the court that accepts this lawsuit, and the sued court has jurisdiction over counterclaims; The same procedure should be applied to this lawsuit; The counterclaim is implicated in this case.
Administrative litigation: none
4. Regarding mediation:
Criminal litigation: incidental civil litigation can be mediated; Private prosecution as stipulated in the first two paragraphs of Article 170 of the Criminal Procedure Law can be mediated; Article 170 Mediation is not applicable to public prosecution and private prosecution in the third paragraph.
Civil litigation: mediation can be conducted on a voluntary and legal basis; Divorce cases must be mediated.
Administrative litigation: mediation is generally not applicable to the trial of administrative cases; Mediation can be applied to the trial of administrative compensation litigation cases.
5. Avoidance of decision and reconsideration
Criminal proceedings: If the applicant refuses to accept the decision to reject the application, he shall apply for reconsideration once within 5 days, and the competent authority shall make a reconsideration decision within 3 days.
Civil litigation: the court makes a decision on the objection application within 3 days, and the applicant refuses to accept it and applies for reconsideration once. The court made a reconsideration decision within 3 days.
Administrative litigation: not clearly defined.
6. Is it allowed to withdraw the lawsuit?
Criminal proceedings: public prosecution: the procuratorate withdraws the lawsuit, and the court can decide whether to allow it; Private prosecution: the private prosecutor should be allowed to voluntarily withdraw the lawsuit.
Civil litigation: the plaintiff withdraws the lawsuit, and the court may or may not allow it (the plaintiff refuses to appear in court to make a judgment by default).
Administrative litigation: the plaintiff withdraws the lawsuit, and the court may allow it or not (if the plaintiff refuses to appear in court, a judgment will be made by default).
7. Cases of application of summary procedure
Criminal proceedings: at the same time: the facts are clear and the evidence is sufficient; The defendant and the defender have no objection to the alleged basic criminal facts; According to law, he can be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance, and a fine or a single fine; The procuratorate suggests or agrees to apply summary procedure; Cases dealt with only after telling the story, including: insulting crimes and libel crimes; Crime of violent interference with freedom of marriage; Crime of maltreatment; Crime of embezzlement; A minor criminal case prosecuted by the victim with evidence.
Civil action: a simple civil case with clear facts, clear rights and obligations and little controversy. Summary procedure is not applicable:
(1) Cases in which the defendant's whereabouts were unknown at the time of prosecution;
(2) Cases tried in accordance with ordinary procedures;
(3) Cases sent back for retrial and retrial according to the procedure of trial supervision.
Administrative litigation: none.
8. The summary procedure is converted into the ordinary procedure.
Criminal proceedings: the defendant in a public prosecution case does not constitute a crime; The defendant in a public prosecution case was sentenced to fixed-term imprisonment of more than three years; In the public prosecution, the defendant retracted his confession in court and denied the facts of the crime; The facts are unclear and the evidence is insufficient; Others. The trial period shall be counted from the date when it is decided to enter the ordinary procedure.
Civil litigation: If it is found that the case is complicated and needs to be transferred to ordinary procedure, it can be transferred to ordinary procedure, and a collegiate bench will be organized to hear it, and both parties will be notified in time. The trial period starts from the day after the case is filed.
Administrative litigation: none.
9. Subject of appeal
Criminal proceedings: defendants, private prosecutors and their legal representatives; Defenders and close relatives of the defendant, with the consent of the defendant; The parties and legal representatives of an incidental civil action have the right to appeal against the part of the incidental civil action; If the victim and his legal representative refuse to accept the criminal judgment, they can only request the procuratorate to protest.
Civil litigation: plaintiff, defendant and co-litigant; Litigation representative; A third party with independent claim, a third party without independent claim who is liable according to the judgment of first instance.
Administrative litigation: plaintiff, defendant, third party and their legal representatives of first instance; Authorized agent.
10. Appeal period
Criminal proceedings: verdict: 10 day (the victim asked the procuratorate to protest within 5 days); Ruling: 5 days;
The time limit for appeal of incidental civil judgments and rulings shall be determined according to the criminal part; If a separate civil trial is attached to the original trial, the time limit for appeal shall be stipulated in the civil proceedings.
Civil litigation: judgment: 15 days; Ruling: 10 days; According to the law, the parties can only appeal against the three specific rulings of "inadmissibility, objection to jurisdiction and dismissal of prosecution", and are not allowed to appeal against other civil rulings.
Administrative litigation: judgment: 15 days; Ruling: 10 days; According to the law, the parties can only appeal against the three specific rulings of "inadmissibility, objection to jurisdiction and dismissal of prosecution", and are not allowed to appeal against other civil rulings.
1 1. Time limit for the parties to appeal
Criminal proceedings: within two years after the execution of the penalty.
Civil litigation and administrative litigation: filed within 2 years after the judgment or ruling becomes legally effective (2 years is the same period).
There are other differences, including first instance, second instance, retrial, postponement of trial, suspension of trial, termination of trial, the right to decide to withdraw from the application, the scope of application of summons, the scope of use of close relatives and so on. I won't go into details. You can compare laws and regulations if you are interested.