Suspension of proceedings refers to the system in which the people's court decides to suspend the proceedings temporarily during the proceedings due to legal reasons, and then resume the proceedings after the legal reasons disappear. 1. What are the circumstances in which the trial is suspended in the Civil Procedure Law? According to Article 150 of the Civil Procedure Law of People's Republic of China (PRC), the lawsuit is suspended: (1) One party dies and needs to wait for the heir to indicate whether to participate in the lawsuit; (2) One party has lost the capacity for litigation and has not yet determined his legal representative; (3) The legal person or other organization as a party terminates, and the successor of rights and obligations has not been determined; (4) One party is unable to participate in the litigation due to irresistible reasons; (five) the case must be based on the trial result of another case, and the other case has not yet been concluded; (6) Other circumstances in which litigation should be suspended. After the reasons for suspending the lawsuit are eliminated, the lawsuit will be resumed. In view of the problems existing in judicial practice, the Supreme People's Court has also stipulated the following circumstances to suspend proceedings: 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, and announce and summon the debtor to respond after accepting it. 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, it shall be ordered to suspend the proceedings. (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 inform the defendant when serving a copy of the complaint, and if it requests to declare the patent invalid, it 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. Second, the unique principle in the Civil Procedure Law (1) The principle of equal litigation rights of the parties means that in civil litigation, the parties enjoy and exercise their litigation rights equally. This principle includes the following two aspects: on the one hand, the parties in civil litigation enjoy equal litigation rights; On the other hand, the people's court should provide guarantee and convenience for the parties to equally exercise their litigation rights stipulated by law. (II) Principle of reciprocity of litigation rights and obligations and principle of reciprocity The so-called principle of reciprocity of litigation rights and obligations means that citizens, enterprises and organizations of a country enjoy the litigation rights and undertake the litigation obligations stipulated by the laws of that country on an equal footing with citizens, legal persons and other organizations of other countries. The so-called principle of reciprocity of litigation rights and obligations means that if the judicial organs of one country restrict the litigation rights of citizens, enterprises and organizations of other countries, the judicial organs of other countries can also restrict the litigation rights of citizens, enterprises and organizations of that country. The principle of reciprocity in litigation is closely related and inseparable. They are two sides of the same problem, the former is a means and the latter is an end. In today's complicated international exchanges, only by "restricting the coming and going" can we achieve the goal of mutual respect and equal treatment among sovereign countries.
Legal objectivity:
According to Article 123 of the Civil Procedure Law, those who meet the requirements for prosecution shall file a case within seven days and notify the parties concerned; If it does not meet the conditions for prosecution, it shall make a ruling within seven days and refuse to accept it; If the plaintiff refuses to accept the ruling, he can appeal.