1. Understand the reasons for not filing a case
There are usually clear reasons for the court not to file a case, such as incomplete litigation materials, failure to meet the conditions for acceptance, and being outside the jurisdiction of the court. Therefore, the parties concerned should carefully read the notice of disapproval issued by the court to understand the specific reasons.
2. Supplement and complete the litigation materials
If the litigation materials are incomplete due to the refusal to file the case, the parties may supplement and complete the relevant materials in a timely manner in accordance with the requirements of the court. When supplementing materials, ensure the authenticity and legality of the materials and avoid providing false information.
3. Seek legal aid
If the parties concerned have questions about the reasons for not filing the case, or believe that the court has improperly handled the case, they can seek legal aid. You can consult a lawyer or a legal aid agency to learn about relevant legal provisions and relief channels in order to better protect your legal rights and interests.
Fourth, appeal to the higher court
If the parties believe that the decision not to file the case is wrong, they can also appeal to the higher court. When appealing, you need to prepare sufficient evidence and reasons to explain the error of the decision not to file the case, and request the higher court to correct it.
V. Consider other relief channels
In addition to the above measures, the parties may also consider other relief channels, such as applying for supervision from the procuratorate, reporting to the disciplinary inspection and supervision agency, etc. These avenues may help correct court misconduct and protect the legitimate rights and interests of the parties.
In summary:
When the court refuses to file a case, the parties should first understand the reasons for not filing the case and take corresponding countermeasures based on the actual situation. You can supplement and complete litigation materials, seek legal aid, appeal to a higher court, or consider other relief channels. Throughout the process, the parties concerned should remain calm and rational, safeguard their rights in accordance with the law, and avoid excessive behavior.
Legal basis:
"**** of the People's Republic of China" and "Civil Procedure Law of the People's Republic of China"
Article 123 :
The People's Court shall protect the parties' right to sue in accordance with the law. Prosecutions that comply with the provisions of Article 119 of this Law must be accepted. If the case meets the conditions for prosecution, the case shall be filed within seven days and the parties shall be notified; if the case does not meet the conditions for prosecution, the case shall be ruled not to be accepted within seven days; if the plaintiff is dissatisfied with the ruling, he may appeal.
"Civil Procedure Law of the People's Republic of China"
Article 124 stipulates:
The people's courts shall prosecute the following cases separately Handling:
(1) In accordance with the provisions of the Administrative Litigation Law, it falls within the scope of administrative litigation, and the plaintiff is notified to file an administrative lawsuit;
(2) In accordance with the provisions of the law, both parties Reaching a written arbitration agreement to apply for arbitration, instead of filing a lawsuit with the People's Court, informing the plaintiff to apply for arbitration to an arbitration institution;
(3) For disputes that should be handled by other agencies in accordance with legal provisions, inform the plaintiff to apply to the relevant agency Resolve;
(4) For cases that do not fall under the jurisdiction of the court, inform the plaintiff to file a lawsuit with the people's court with jurisdiction;
(5) Respond to the judgment , the ruling, and the mediation document have become legally effective and the parties sue again, the plaintiff shall be notified to apply for retrial, except where the People's Court has ruled to allow the withdrawal of the suit;
(6) In accordance with the provisions of the law, no prosecution shall be made within a certain period of time Cases filed within the period of prohibition of prosecution will not be accepted;
(7) For divorce cases that are not allowed to be divorced but are reconciled through mediation, after the judgment and mediation maintain the adoption relationship, there is no If the plaintiff files a lawsuit within six months due to new circumstances or new reasons, the case will not be accepted.
"Civil Procedure Law of the People's Republic of China and the State"
Article 125 stipulates:
The People's Court shall establish the case from the date on which it is filed A copy of the indictment shall be sent to the defendant within five days from the date of receipt, and the defendant shall file a defense within fifteen days from the date of receipt. The defense statement shall state the name, gender, age, ethnicity, occupation, workplace, residence, and contact information of the defendant; the name, residence, position, and contact information of the legal representative or principal person in charge of the legal person or other organization. The People's Court shall send a copy of the defense to the plaintiff within five days from the date of receipt of the defense.