1. If a natural person who is the plaintiff dies, it is necessary to wait for his close relatives to indicate whether to participate in the lawsuit;
2. The natural person who is the plaintiff has lost the capacity for litigation and has not yet determined his legal representative;
3. The legal person or other organization that is the plaintiff terminates, and the successor of rights and obligations has not yet been determined;
4. One party is unable to participate in the lawsuit due to irresistible reasons.
Litigation suspension mainly includes:
(1) The defendant's administrative organ has been revoked, and the administrative organ that continues to exercise its functions and powers has not yet been determined, or the defendant's administrative organ has been revoked, and its functions and powers have been revoked at the same time, so it is impossible to continue to exercise its functions and powers, and the administrative organ that continues the lawsuit has not yet been determined;
(two) the rules on which the specific administrative act is based are in conflict with each other, and it is necessary to wait for the Supreme People's Court to send the State Council for an explanation or ruling. While awaiting an explanation or ruling, the people's court shall suspend the proceedings;
(3) When the people's court finds that the behavior of the punished person constitutes a crime and should be investigated for criminal responsibility, it shall promptly transfer the relevant criminal materials to the relevant authorities. If the investigation of criminal responsibility affects the trial of this case, the lawsuit shall be suspended and resumed after the relevant authorities make a final treatment. If the investigation of criminal responsibility does not affect the trial of this case, the trial shall continue;
(4) Adding or changing parties, or waiting for the results of other cases.
The people's court shall make an order to suspend the proceedings, and once the order is made, it will take legal effect. After the suspension of litigation disappears, the parties may apply for the resumption of the trial procedure, and the people's court may also resume it ex officio. After the resumption of litigation, the litigation acts of the parties and the people's court before the suspension of litigation are still valid.
In view of the problems existing in judicial practice, the Supreme People's Court has also stipulated the following circumstances to suspend litigation:
1. In a loan case, if the debtor's whereabouts are unknown when the creditor files a lawsuit, the court shall require the creditor to provide evidence to prove the existence of the loan relationship. After the court accepts the case, it shall announce and summon the debtor to respond. If the debtor still fails to respond to the lawsuit at the expiration of the announcement period and cannot find out the loan relationship, it shall be ordered to suspend the lawsuit; In the course of the trial, if the debtor escapes and his whereabouts are unknown, and it is difficult to find out the facts, an order shall be made to terminate the lawsuit. (the Supreme People's Court's judicial interpretation on the suspension of litigation in loan cases was abolished by the new judicial interpretation on September 20 15, and the above provisions in the new judicial interpretation have been deleted).
2. After accepting the case of patent infringement of utility model or design, the people's court shall, when serving the defendant with a copy of the complaint, inform the defendant that if he requests to declare the patent right invalid, he shall submit it to the Patent Reexamination Board within the defense period. If the defendant requests to declare the patent invalid during the defense period, the people's court shall suspend the lawsuit. Where the patentee applies for property preservation and provides a guarantee, the people's court shall, when it deems it necessary, order the defendant to stop the infringing act or take other measures to stop the expansion of the infringing damage. If the defendant did not request the invalidation of the patent right during the defense period, but made a request for invalidation in the subsequent trial, the people's court may not suspend the lawsuit. The people's court may not suspend the proceedings if the defendant requests to declare the patent invalid during the defense period of the case of invention patent infringement accepted by the people's court and the case of utility model patent infringement examined by the Patent Reexamination Board.
In case of the above circumstances, the court shall decide to suspend the proceedings. After the ruling to suspend the lawsuit is made, the parties concerned apply or the court resumes the lawsuit ex officio. After the lawsuit is resumed, there is no need to revoke the original ruling, and the ruling to suspend the lawsuit becomes invalid when the court notifies or allows both parties to continue the lawsuit; All litigation acts conducted before the suspension of litigation shall remain valid after the resumption of litigation procedures, and shall remain valid if no force majeure occurred during the suspension of litigation and the last six months of the limitation period.
legal ground
People's Republic of China (PRC) Civil Code
Article 194 If the right of claim cannot be exercised within the last six months of the limitation of action due to the following obstacles, the limitation of action shall be suspended:
(1) force majeure;
(2) A person without or with limited capacity for civil conduct has no legal representative, or his legal representative dies, loses his capacity for civil conduct or loses his power of agency;
(three) after the beginning of the inheritance, the heir or the administrator of the estate has not been determined;
(4) The creditor is controlled by the debtor or others;
(5) Other obstacles preventing the obligee from exercising the right of claim. The limitation of action expires six months after the reason for the suspension of the limitation of action is eliminated.