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Civil law is the law closest to most people’s lives and involves almost every aspect of people’s lives. Therefore, civil disputes occur most frequently in life. When filing a civil lawsuit, you must abide by the relevant procedures stipulated in the Civil Procedure Law. All litigation cases are preceded by procedures and substantive matters. Today, what is the content of the civil litigation trial procedure that the author wants to introduce to you?
Trial procedure for civil litigation
Trial procedure is the applicable procedure for hearing cases in the People's Court, and can be divided into first-instance procedure, second-instance procedure and trial supervision procedure.
1. First-instance procedure
First-instance procedure includes ordinary procedures and simplified procedures. Ordinary procedures are the procedures generally applicable to civil litigation parties in first-instance civil litigation as stipulated in the Civil Procedure Law and the first-instance procedures for hearing civil cases in the People's Court. Cases subject to ordinary procedures shall be concluded in accordance with the provisions of the Civil Procedure Law within six months from the date of filing. If there are special circumstances that require an extension, it may be extended for six months with the approval of the president of the court; if it still needs to be extended, it must be submitted to the higher court for approval.
Second and Second Instance Procedures
The second instance procedure (also known as the appeal procedure or the final instance procedure) refers to the civil litigation parties who are dissatisfied with the first-instance judgment or ruling of the local people's court at all levels that has not yet taken effect. The litigation process is carried out by filing an appeal with the people's court at the next higher level within the statutory appeal period. Since my country implements the two-instance final appeal system, the judgment and ruling made by the second-instance court after hearing the appeal case are the final judgment and ruling, and the litigation process is concluded.
(1) During the appeal period, if the party concerned is dissatisfied with the first-instance judgment of this court, he or she has the right to appeal to the higher-level people's court within 15 days from the date of delivery of the judgment; if the party is dissatisfied with the first-instance ruling of this court, , has the right to appeal to the higher people's court within 10 days from the date of service of the ruling.
(2) When a party files an appeal, he or she shall submit an appeal petition. The appeal shall be made through the court of first instance and copies shall be filed according to the number of opposing parties.
(3) When the second-instance court appeals against the judgment of the second-instance People’s Court, the case will be handled according to the following circumstances after trial:
(1) The facts found in the original judgment are clear, The application of the law is correct, and the appeal is dismissed and the original judgment is upheld;
(2) The original judgment applied the law incorrectly and the judgment was changed in accordance with the law;
(3) The original judgment was wrong in determining the facts, or Original Judgment (c) The original judgment determined the facts incorrectly, or the original judgment determined the facts unclearly. If the evidence is insufficient, the original judgment shall be ruled to be revoked and the case shall be remanded to the original People's Court for retrial, or the case shall be made after the facts are ascertained; (4) If the core content of the original judgment violates legal procedures and may affect the correct judgment of the case, the original judgment shall be revoked and the case shall be remanded. The original People's Court retried the case.
3. Trial Supervision Procedure
(1) The Concept of Trial Supervision Procedure The trial supervision procedure, that is, the retrial procedure, refers to the trial supervision statutory organs and personnel, or the parties applying for the people’s The process by which the court conducts a new trial on legally effective judgments, rulings, and mediation documents.
(2) Trial supervision procedure
1. Retrial procedure in the People’s Court
2. Retrial application procedure by the parties
3. People’s Procuratorate The protest procedure
To sum up, these are the editor’s answers to the questions about court trial procedures in civil litigation. The stipulated amount procedure in civil litigation is very important. Cases with errors in trial procedures will be sent back for retrial. Therefore, in civil litigation, the appropriate procedure must first be selected, and the court will make adjustments according to the situation. The two-instance system is a major feature of several types of trial procedures in my country. It not only helps parties deal with litigation disputes, but also provides ample opportunities for error correction.
Extended reading:
What are the conditions for applying for retrial in civil litigation?
What are the provisions of the Civil Procedure Law regarding enforcement?
What are the ways to serve civil lawsuits?