Special procedure is a separate procedure stipulated by the Civil Procedure Law for the court to hear certain cases. Different types of cases have different trial procedures. The civil procedure laws of different countries have different provisions on special procedures, and the standards and types of division are also different. Applicable cases are divided into two categories: one is voter qualification cases and the other is non-litigation cases.
The supervision procedure means that the people's court issues a payment order to the debtor according to the creditor's application for payment of money or securities. If the debtor fails to raise an objection and fulfill the payment order within 15 days from the date of receiving the payment order, the creditor may apply to the people's court for execution. The supervision procedure is a simple and quick procedure to urge debtors to pay off their debts as soon as possible.
Supervision procedure is a new trial procedure in China's current civil procedure law, which means that the people's court issues a conditional payment order to the debtor according to the creditor's application, requiring the debtor to pay a certain amount of money or securities, so as to urge the debtor to fulfill its obligations within a time limit. If the debtor does not raise any objection within the statutory time limit, the payment order is an enforceable procedure.
The procedure of public notice means that the bill holder can apply for public notice to the grassroots people's court where the bill is paid because it is stolen, lost or destroyed. The applicant shall apply to the people's court, stating the main contents of the bill, such as the face value, drawer, holder and endorser, as well as the reasons and facts of the application.
When the people's court decides to accept the application, it shall notify the payer to stop payment at any time, and issue an announcement within 3 days to urge the interested parties to declare their rights. If there is no declaration, the people's court shall, upon the application of the applicant, make a judgment and declare the evidence invalid. The judgment shall be pronounced and the payer shall be notified. The applicant has the right to demand payment from the payer from the date when the judgment is announced.
According to the application of the parties, the people's court urges the unknown interested parties to declare their rights within the statutory time limit by publicity, and makes a judgment procedure to declare the bill invalid (except the rights) after the expiration of the time limit, which is a non-litigation procedure.
Extended data:
Special procedure case
Qin and Zhong registered their marriage on 20 12, signed a divorce agreement on 20 16, and registered their divorce with the Civil Affairs Bureau. On February 20 16, Liu, the mother of Zhong, applied to Lianshui Court for judicial appraisal of Zhong's civil capacity from 20 16 1 to the date of application, requesting the court to declare Zhong as a person without civil capacity according to law.
Lianshui Court applied special procedures to conduct the trial, initiated the judicial expertise procedure, and sentenced Zhong as a person without civil capacity. According to the verdict, Liu sued the court, demanding that the divorce agreement be invalid and the divorce registration be revoked.
Qin filed an objection application, arguing that Qin was not present as an interested party in the judicial appraisal procedure of the original trial, and Zhong was in a normal mental state when signing the divorce agreement, requesting the court to revoke the judgment of the original trial and re-appraise.
Case of publicity procedure
In May of 20 14, Company A signed a contract for the sale of goods with Company B. Company A endorsed a bank acceptance bill with a face value of 200,000 yuan and paid the payment to Company B. Due to the purchasing needs of Company B, the bill was endorsed and paid to Company C.
After the bill expired, the last endorser of the bill, Company E, refused to accept it on the grounds that the bill had been reported lost by the drawer, so he returned the bill to Company D, and then the endorser returned the bill in the order of endorsement (return order: Company E-Company D-Company C-Company B-Company A-Company F-Company G-Company H), and finally returned the bill to Company H.
Because the bill was returned to company A by company B, it was asked for payment from company A again. 20 14, 14 On February 26th, Company A paid Company B another 200,000 yuan. 2015,65438+10.4, Company H declared the bill rights to the people's court, and the court ruled to terminate the public notice procedure. Later, Company H mailed the draft involved to Company E, the last endorser, and Company E accepted the draft at the paying bank.
At present, Company A believes that the payment of the original acceptance bill has been fully realized by the endorsed business unit. Company B's repeated payment of 200,000 yuan to Company A is unjust enrichment and should be returned to Company A. ..
Case of supervision procedure
20 13 to 20 16, a number of credit cooperatives in a county applied to the county court for payment orders on the grounds of loan contract disputes with farmers. After accepting this series of cases, the county court found that they met the conditions of payment orders, issued all payment orders and served them on farmers.
In 20 16 and 20 17, five former loan officers involved in the credit cooperatives were criminally punished for the crime of misappropriating funds and the crime of occupational embezzlement, including loans from 44 farmers who had issued payment orders.
At the beginning of 20 17, these cases were discovered by the civil procuratorate in the process of performing its duties. Because the criminal judgment has taken legal effect, it is obviously inappropriate for the court to issue a payment order for civil cases with unclear creditor's rights and debts. Procuratorial suggestions were issued on 44 cases of payment orders according to law, and the court adopted the suggestions and decided to cancel 44 cases of payment orders.
References:
Baidu encyclopedia-special program
References:
Baidu encyclopedia-supervision plan
References:
Baidu Encyclopedia-Publicity Reminder Program