Article 1 The time limit for detaining a defendant in a criminal public prosecution case of first instance and a criminal private prosecution case of first instance shall be two months, and shall not exceed three months at the latest. Incidental civil litigation cases, one of the circumstances stipulated in Article 156 of the Criminal Procedure Law of People's Republic of China (PRC) (hereinafter referred to as the Criminal Procedure Law), may be extended for three months with the approval of the people's court at the next higher level; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval. If it cannot be concluded within the time limit, it may apply again.
An incidental civil action shall be tried together with a criminal case. Only in order to prevent excessive delay in the trial of criminal cases, the same trial organization can continue to try incidental civil actions after the trial of criminal cases, but the trial period shall be governed by the Civil Procedure Law of People's Republic of China (PRC) (hereinafter referred to as the Civil Procedure Law) and its judicial interpretation.
Cases of criminal private prosecution of first instance in which the defendant is not detained shall be tried by ordinary procedures for a period of six months; If there are special circumstances that need to be extended, it may be extended for three months with the approval of the people's court at the next higher level.
For criminal cases that are tried by summary procedure, the time limit is twenty days; If the possible fixed-term imprisonment exceeds three years, it can be extended to one and a half months.
In cases where compulsory medical procedures are applied to mental patients who are not criminally responsible according to law, if the respondent or defendant meets the conditions of compulsory medical treatment, the time limit is one month. If a compulsory medical institution puts forward an opinion to terminate compulsory medical treatment, or if the person subjected to compulsory medical treatment and his close relatives apply for termination of compulsory medical treatment, it shall make a decision to terminate or continue compulsory medical treatment within one month. Written rectification opinions put forward by the people's procuratorate on improper compulsory or compulsory medical treatment decisions shall be tried separately by the collegial panel and a decision shall be made within one month.
Article 2 The time limit for hearing civil cases of first instance by ordinary procedures is six months. If there are special circumstances that need to be extended, it can be extended for six months with the approval of the competent dean or competent leader of our hospital; If an extension is needed, it shall be reported to the people's court at a higher level for approval.
Foreign-related and civil cases involving Hong Kong, Macao and Taiwan are not restricted by the preceding paragraph.
The time limit for applying summary procedure to hear civil cases is three months, and the trial period may not be extended.
The time limit for hearing civil cases in small claims procedure is generally one month, but it shall not exceed three months at the latest.
For civil cases that are tried by special procedures, the time limit is 30 days or less after the expiration of the announcement; If there are special circumstances that need to be extended, it should be approved by the competent president or the leader of the competent hospital, but the case of voter qualification must be concluded before the election day.
The time limit for issuing a payment order or ruling to reject an application for a civil case tried by the supervision procedure is fifteen days; The time limit for the payment order to take legal effect or urge the procedure to end or the payment order to automatically expire is fifteen days from the date when the debtor receives the payment order.
For cases tried by public summons procedure, the time limit for issuing public notice is three days, and the time limit for public summons shall not be less than sixty days. During the publicity period, after receiving the statement of interested parties, the time limit for ruling to end the publicity procedure is three days; If there is no declaration, the time limit for the applicant to make a judgment to declare the bill invalid is three days after the application.
Article 3 The trial period of administrative litigation cases of first instance shall be three months; If there are special circumstances that need to be extended, it may be extended for three months with the approval of the Higher People's Court.
From May 20 1 year 15, administrative litigation cases of first instance shall be tried by ordinary procedures, with a term of six months; If there are special circumstances that need to be extended, it may be extended with the approval of the Higher People's Court.
From 15, 1, the time limit for hearing administrative litigation cases of first instance by summary procedure is 45 days.
Accepting cases where administrative organs apply for the implementation of administrative acts, the review period is thirty days.
Article 4 The review period of criminal appeal cases shall be three months, and shall not exceed six months at the latest.
The trial period of civil and administrative appeal cases is three months; If there are special circumstances that need to be postponed, it must be approved by the competent dean or competent leader of our hospital.
Article 5 The trial period of a criminal retrial case is three months; If the time limit needs to be extended, it shall not exceed six months.
The trial period of a civil retrial case is six months. If there are special circumstances that need to be extended, it can be extended for six months with the approval of the competent dean or competent leader of our hospital; If an extension is needed, it shall be reported to the people's court at a higher level for approval.
The trial period of administrative retrial cases is three months; If there are special circumstances that need to be extended, it may be extended for three months with the approval of the Higher People's Court.
From May 20 1 year 15, the trial period of administrative retrial cases is six months; If there are special circumstances that need to be extended, it may be extended with the approval of the Higher People's Court.
Article 6 When a criminal is handed over for execution of a penalty, he shall serve the relevant legal documents to the public security organs, prisons or other execution organs within 10 days after the judgment takes effect.
According to the written opinions put forward by the people's procuratorate, the time limit for reviewing the decision on temporary execution outside prison is one month.
According to the executive recommendation of the executive organ, the review period for criminals temporarily executed outside prison is fifteen days.
If a criminal case is sentenced to confiscation of property, the relevant legal documents shall be transferred to the filing court in time after the judgment takes effect.
If a criminal case is sentenced to a fine and fails to pay it or fails to pay it in full without justifiable reasons, the relevant legal documents shall be transferred to the filing court in time after the expiration of the time limit stipulated in the effective judgment.
Article 7 The time limit for executing a case is six months; The execution period of a non-litigation execution case is three months. If there are special circumstances that need to be extended, it may be extended for three months with the approval of the competent leader; If it needs to be extended, it shall be reported to the higher people's court for the record.
In criminal cases, the execution period of confiscation of property and fines is six months; With the approval of the competent leader, it can be postponed.
The trial period of execution objection cases is fifteen days; If there are special circumstances that need to be extended, it may be extended for fifteen days with the approval of the competent dean or competent leader.
The time limit for hearing a case in which a party applies to add or change the person subjected to execution is 30 days.
Article 8 The court is the organ liable for compensation in state compensation cases, and the trial period is two months.