What if the court deliberately delays the trial time?

If the court maliciously delays the hearing, it may report to the supervision office or the procuratorate. In fact, it is difficult to identify the problem of malicious delay in trial time, because the court only needs to complete the trial within six months after filing the case. Even if the trial cannot be completed within six months, the president of our hospital can extend the trial time under special circumstances.

Legal analysis

According to the relevant laws and regulations, the court may report the malicious postponement of the court session to the court supervision office or the procuratorate and request supervision. Hearing in court refers to the process of hearing a case in a court or other suitable place after the people's court completes the preparatory work before hearing. Generally speaking, there are three situations. The first is criminal cases. After the court receives a criminal case from the people's procuratorate and transfers it to the court, it usually conducts a summary trial within one month. Ordinary procedure. The trial will be held in more than a month. The second is a civil case. After the court accepts a case, it is generally divided into summary procedure and ordinary procedure. Summary procedures are usually carried out within one month. If it is an ordinary procedure case, the court will open within two months if it is not announced. If you want to send a notice to serve a copy of the indictment summons, it usually takes more than three months, and the court session lasts between four months. The third case is an administrative case. After receiving the lawsuit, the court of administrative litigation usually holds a court session once in more than one month. Postponement of hearing refers to the behavior that the arbitration tribunal postponed the arbitration hearing to another date at the request of the parties due to legal reasons after the arbitration tribunal determined the date of hearing or during the hearing, resulting in the arbitration hearing not being held as scheduled.

legal ground

People's Republic of China (PRC) Civil Procedure Law

Article 161 When a people's court tries a case by summary procedure, it shall conclude the case within three months from the date of filing the case.

Article 149 A case tried by the people's court through ordinary procedures shall be concluded within six months from the date of filing the case. If there are special circumstances that need to be extended, it can be extended for six months with the approval of the president of our hospital; If an extension is needed, it shall be reported to the people's court at a higher level for approval.