Limitation of action refers to the system that the obligee whose civil rights have been infringed fails to exercise his rights during the statutory limitation of action, and the people's court no longer protects his rights when the limitation of action expires. During the statutory limitation period, if the creditor makes a request, the people's court will force the debtor to perform its obligations. After the expiration of the statutory limitation period, if the obligee exercises the right of claim, the people's court will no longer protect it. It is worth noting that after the expiration of the limitation period, although the debtor may refuse to perform his obligations, the exercise of the creditor's right of claim will only be hindered, and the right itself and the right of claim will not be eliminated. If a party brings a suit after the expiration of the limitation period, the people's court shall accept it. If it is found that there is no reason for suspension, interruption or extension after acceptance, the claim shall be rejected by judgment.
classify
The limitation of action is divided into general limitation of action and special limitation of action according to the length of time and the scope of application.
General statute of limitations. Refers to the universally applicable prescription, which is not specified for a special situation, but is universally applicable. For example, Article 135 of the General Principles of the Civil Law of China stipulates: "The limitation period for requesting protection of civil rights from the people's court is two years, unless otherwise stipulated by law." This shows that the general limitation of action in China's general civil litigation is two years.
Special statute of limitations. Refers to the statute of limitations of certain civil laws. Special provisions are superior to ordinary provisions, that is to say, where there are special provisions, special provisions are applicable. Article 14 1 of the General Principles of Civil Law of China stipulates: "If the law has other provisions on prescription, such provisions shall prevail."
Special prescriptions can be divided into the following three types:
First, short-term prescriptions. Short-term limitation refers to the limitation of action of less than two years. Article 136 of China's General Principles of Civil Law stipulates: "The following limitation period is one year: 1. Ask for compensation if you are physically injured; 2, the sale of substandard goods undeclared; 3. Delaying or refusing to pay the rent; 4. The deposited property is lost or damaged. "
However, the second item was changed due to the special product quality law. Article 45 of the Product Quality Law states that the limitation period for claiming damages due to product defects is two years, counting from the time when the parties know or should know that their rights and interests have been harmed. The right to claim compensation for damage caused by defective products shall be lost ten years after the defective products that caused the damage were delivered to the original consumers; However, it did not exceed the express safe use period.
Second, the long-term statute of limitations. Long-term statute of limitations refers to the statute of limitations of more than two years and less than twenty years.
Article 42 of the Environmental Protection Law "The limitation period for bringing a lawsuit for compensation for environmental pollution damage is three years, counting from the time when the party concerned knows or should know that it has suffered pollution damage." And Article 265 of the Maritime Law, "The limitation period for claims for oil pollution damage from ships is three years, counting from the date of damage; However, under no circumstances shall the limitation period exceed six years from the date of the accident that caused the damage. " Set the statute of limitations to three years;
Article 129 of the Contract Law "Article 129 The time limit for bringing a lawsuit or applying for arbitration in disputes over international contracts for the sale of goods and technology import and export contracts is four years, counting from the day when the parties know or should know that their rights have been infringed. The time limit for bringing a lawsuit or applying for arbitration in other contract disputes shall be in accordance with the provisions of relevant laws. " The statute of limitations is four years.
Third, the longest statute of limitations. The longest statute of limitations is 20 years.
Article 137 of China's General Principles of Civil Law stipulates that "the people's court shall protect the rights for no more than 20 years from the date of infringement". According to this provision, the longest limitation of action is calculated from the date when the right is infringed. The obligee does not know that his rights have been infringed, and the longest limitation is 20 years. If it has been more than 20 years, the people's court will not protect it.
Prescription is mandatory, any prescription is mandatory by laws and regulations, and any agreement on the extension, shortening and abandonment of prescription by any unit or individual is invalid.
trait
Interruption of limitation of action
Interruption of the limitation of action means that during the limitation of action, due to certain legal reasons, the limitation of action expires and is invalid. After the reasons for the interruption of the limitation of action are eliminated, the limitation of action starts again.
Suspension of limitation of action
Suspension of the limitation of action refers to the suspension of the calculation of the limitation of action because the obligee cannot exercise the right of claim for certain legal reasons. Article 139 of the General Principles of Civil Law stipulates: "If the right of claim cannot be exercised due to force majeure or other obstacles within the last six months of the limitation of action, the limitation of action shall be suspended." Conditions for suspension of limitation of action: 1. The suspension of the limitation of action must be for legal reasons. These legal reasons include two types: first, force majeure, such as natural disasters and military actions, is an objective situation that the parties cannot foresee and overcome; Second, other circumstances that prevent the obligee from exercising the right of claim. 2. The legal cause occurs within the last six months of the limitation of action, and then it will have the effect of suspending the limitation of action. 3. The period that passed before the suspension of the limitation of action shall be combined with the period that continued after the reasons for the suspension of the limitation of action disappeared. However, the time course of suspension is not included in the limitation period. Therefore, the civil law regards the suspension of the limitation of action as a temporary obstacle to the completion of the limitation of action. After the reasons for the suspension of the limitation of action are eliminated, the effectiveness of the suspension of the limitation of action in China continues to be calculated. The limitation of action that has been executed before the suspension is still valid. After the legal reasons for suspension are eliminated, the limitation period of action previously calculated shall continue to be calculated until it expires. (a), let's talk about civil and commercial law:
It is divided into acquisition prescription and litigation prescription. The former formula is applicable to the prescription of real right, but so far, there is no provision in our law. The latter applies to the right of claim. If you don't exercise your power within a certain period of time, it will lead to the loss of "the right to win the lawsuit".
legal provision
1.[ 1 year]
(1) Article 136 of the General Principles of Civil Law is like the limitation period of the next year:
(1) Requesting compensation for personal injury;
(two) the sale of substandard goods has not been declared;
(3) delaying or refusing to pay the rent;
(4) Loss of or damage to the property in escrow.
(2) Article 257 of Maritime Law (1) claims compensation from the carrier for the carriage of goods by sea. The limitation period is one year, counting from the date when the carrier delivers or should deliver the goods; During or after the expiration of the limitation period, if the responsible person makes a claim for compensation to a third party, the limitation period shall be 90 days, counting from the date when the claimant solves the original claim for compensation or receives a copy of the complaint from the court that accepted his lawsuit.
(3) Article 260th of the Maritime Law stipulates that the limitation period for the right to claim for the contract of towage by sea is one year, counting from the day when you know or should know that your right has been infringed.
(4) The limitation period for the claim for contribution in general average in Article 263 of the Maritime Law is one year, counting from the date when self-care ends.
⑤ If the third paragraph of Article 6 1 of the Auction Law fails to declare the defects of the auction target, the limitation period for claiming compensation is one year, counting from the day when the party knows or should know that his rights have been damaged.
2.[2 years]
(1) Article 135 of the General Principles of Civil Law is applicable to the people's courts to protect civil rights. The limitation period is two years, unless otherwise provided by law.
(II) Solution of Contract Law Article 6 (1) If the fact that the rights of the parties to a technology contract dispute were infringed occurred before the implementation of the contract law, and more than one year passed from the date when the parties knew or should have known that their rights were infringed to the date when the contract law was implemented, the people's court shall not protect them; If it is less than one year, the limitation period for bringing a lawsuit is two years.
(3) Article 62 of the Patent Law stipulates that the limitation of action for patent infringement is two years, counting from the date when the patentee or interested party knows or should know about the infringement.
If the patentee fails to pay the appropriate royalty before the patent right is granted after the publication of the application for a patent for invention, the limitation period for requesting the royalty is two years, counting from the date when the patentee knows or should know that others are using his invention. However, if the patentee knows or should know before the patent right is granted, it shall be counted from the date when the patent right is granted.
(4) Article 18 of the Interpretation of Trademark Cases has a limitation period of two years, counting from the date when the trademark registrant or interested party knows or should know about the infringement. Where a trademark registrant or interested party files a lawsuit for more than two years, and the infringement continues when the lawsuit is filed, the people's court shall order the defendant to stop the infringement within the validity period of the exclusive right to use a registered trademark, and the amount of compensation for infringement damages shall be calculated forward for two years from the date when the obligee files a lawsuit with the people's court.
⑤ Article 28 of Interpretation of Copyright Disputes: The limitation of action for copyright infringement is two years, counting from the date when the copyright owner knows or should know about the infringement. If the obligee has filed a lawsuit for more than two years and the infringement continues at the time of prosecution, the people's court shall order the defendant to stop the infringement within the copyright protection period; The amount of compensation for infringement damages shall be calculated for two years from the date when the obligee brings a lawsuit to the people's court.
⑥ Paragraph 1 of Article 32 of the State Compensation Law stipulates that the limitation period for the claimant to claim state compensation is two years, counting from the date when the state organs and their staff members exercise their functions and powers as illegal according to law, but the detention period is not counted.
⑦ The limitation period of claim for voyage chartering stipulated in Paragraph 2 of Article 257 of Maritime Law is two years, counting from the day when you know or should know that your rights have been infringed.
(8) Article 258 of the Maritime Law stipulates that the limitation period for claiming compensation from the carrier for the carriage of passengers by sea is two years, calculated in accordance with the following provisions:
(1) The passenger's claim for personal injury shall be counted from the day when the passenger disembarked or should disembark;
(2) If the claim for the death of a passenger occurred during the period of transportation, it shall be counted from the date when the passenger should leave the ship; If a passenger dies after disembarking due to injury during transportation, it shall be counted from the date of the passenger's death, but the period shall not exceed three years from the date of disembarkation;
(3) Claims for loss of or damage to luggage shall be counted from the date when the passenger disembarked or should disembark.
Pet-name ruby "maritime law" article 259 about the claim of the ship charter party, the limitation period is two years, counting from the day when you know or should know that your rights have been infringed.
Attending the maritime law article 26 1 on the right of claim for ship collision, the limitation period is two years, counting from the date of the collision accident; The limitation period of the right of recourse stipulated in the third paragraph of Article 169 of this Law is one year, counting from the date when both parties jointly pay the compensation.
○ 1 1 Article 262 of the Maritime Code states that the limitation period for the right to claim salvage is two years, counting from the date when the salvage operation is terminated.
○ 12 article 264 of the maritime law claims insurance compensation from the insurer according to the marine insurance contract, and the limitation period is two years, counting from the date of the insured accident.
○ 13 article 45 of the product quality law, the limitation period for claiming damages due to product defects is two years, counting from the time when the parties know or should know that their rights and interests are damaged.
The right to claim compensation for damage caused by defective products shall be lost ten years after the defective products that caused the damage were delivered to the original consumers; However, it did not exceed the express safe use period.
3.[3 years]
(1) Article 265 of the Maritime Law stipulates that the limitation period for the claim for compensation for oil pollution damage from ships is three years, counting from the date of the damage; However, in any case, the limitation period shall not exceed six years from the date of the accident causing the damage.
(2) Article 42 of the Environmental Protection Law stipulates that the limitation period for bringing a lawsuit for compensation for environmental pollution damage is three years, counting from the time when the party concerned knows or should know that it has suffered pollution damage.
4.[4 years]
Interpretation of Contract Law Article 7 (1) The people's court shall not protect the fact that the rights of the parties to a technology import and export contract dispute were infringed before the implementation of the contract law, and more than two years have passed since the parties knew or should have known that their rights were infringed. If it is less than two years, the limitation period for bringing a lawsuit is four years.
5.[5 years]
Article 42 of the Interpretation of Litigation: If a citizen, legal person or other organization does not know the content of a specific administrative act made by an administrative organ, the time limit for prosecution shall be counted from the day when he knows or should know the content of the specific administrative act. If a specific administrative act involving real estate has been made for more than 20 years, or other specific administrative acts have been made for more than 5 years, the people's court will not accept it.
6.[ Twenty years]
(1) Article 137 of the General Principles of Civil Law: The limitation of action shall be counted from the moment when one knows or should know that one's rights have been infringed. However, if more than 20 years have passed since the right was infringed, the people's court will not protect it. Under special circumstances, the people's court may extend the limitation of action.
② During the limitation period of "twenty years" stipulated in paragraph 2 of Article 175 of the General Principles of Civil Law, the provisions of the General Principles of Civil Law on the extension of limitation can be applied, but the provisions on suspension and interruption are not applicable.
(3) Article 42 of the Interpretation of Litigation. If a citizen, a legal person or any other organization does not know the contents of a specific administrative act made by an administrative organ, the time limit for prosecution shall be counted from the day when he knows or should know the contents of the specific administrative act. If a specific administrative act involving real estate has been made for more than 20 years, or other specific administrative acts have been made for more than 5 years, the people's court will not accept it.
In addition, there is a concept called "predetermined period", which refers to litigation rights before the limitation of action. This concept mainly refers to substantive rights, that is, the law stipulates that some of your substantive rights exist for a fixed period, such as:
People's Opinions Article 73 The people's court shall not protect a civil act that can be changed or revoked if the parties concerned request to change or revoke it more than one year after its establishment.
Article 55 of the Contract Law: "In any of the following circumstances, the right of cancellation shall be extinguished: (1) The party to the right of cancellation has not exercised the right of cancellation within one year from the date when he knew or should have known the reason for cancellation; (2) After knowing the reasons for the cancellation, the parties to the cancellation right clearly express or give up the cancellation right by their own actions. "
Article 25 of the Inheritance Law: "The legatee shall make an indication of accepting or giving up the inheritance within two months after knowing it. If it is not indicated at the expiration, it will be deemed as giving up the legacy. "
Article 1 1 of the Marriage Law stipulates: "If the marriage is coerced, the coerced party may request the marriage registration authority or the people's court to cancel the marriage. If the coerced party requests to dissolve the marriage, it shall do so within one year from the date of marriage registration. If the party whose personal freedom is illegally restricted requests to dissolve the marriage, it shall do so within one year from the date of restoring personal freedom. "
Article 15 of the Notice of the Supreme People's Court on the Interpretation of Several Issues Concerning the Trial of Railway Transport Damage Compensation Cases stipulates: "The provisions of Article 180 of the Regulations on Railway Transport shall apply to the limitation period for claiming compensation from railway transport enterprises when goods, parcels and luggage are lost in transit or overdue. Starting from the day after delivery by the railway transport enterprise; All the goods, parcels and luggage are lost, counting from the day after the 30th day after the expiration of the delivery period. However, if the loss has been confirmed during this period or during the delivery period, it will be calculated from the day after the railway transport enterprise submits the freight record. "
Limitation of action in criminal law
1. Regarding the limitation of prosecution, the criminal law stipulates that crimes that exceed the following time limits shall not be prosecuted: ① If the maximum legal penalty is less than five years of fixed-term imprisonment, after five years; (2) 10 years has passed if the statutory maximum penalty is fixed-term imprisonment of more than five years and less than 10 years; (3) If the statutory maximum penalty is fixed-term imprisonment 10 years or more, after 15 years; (4) Twenty years have passed if the maximum legal punishment is life imprisonment or death penalty. 20 years later, if it is deemed necessary to prosecute, it shall be submitted to the Supreme People's Procuratorate for approval. China's criminal law also stipulates that if a judicial organ evades investigation or trial after taking compulsory measures, it is not limited by the time limit for prosecution.
(3) Administrative law
According to the Administrative Punishment Law, if no illegal acts are found within two years, no administrative punishment will be imposed. Except as otherwise provided by law. What needs attention here is the content behind the proviso: "unless otherwise stipulated by law."
The time limit for investigating and dealing with illegal acts in the Law on Public Security Administration Punishment is 6 months.
Article 5 1 of the Law on the Administration of Tax Collection stipulates that if the tax paid by a taxpayer exceeds the taxable amount, it shall be refunded immediately after it is discovered by the tax authorities; If a taxpayer finds out within 3 years from the date of final settlement of the tax, he may ask the tax authorities to refund the overpaid tax and add interest on the bank deposits during the same period, and the tax authorities shall immediately refund it after timely verification; If it involves withdrawing the treasury, it shall be returned in accordance with the provisions of laws and administrative regulations on treasury management.
Article 52 of the Law on the Administration of Tax Collection: "If a taxpayer or withholding agent fails to pay or underpays the tax due to the responsibility of the tax authorities, the tax authorities may require the taxpayer or withholding agent to pay back the tax within three years, but no late fee will be charged.
If a taxpayer or withholding agent fails to pay or underpays the tax due to miscalculation, the tax authorities may recover the tax and overdue fine within three years; Under special circumstances, the recruitment period can be extended to five years.
For tax evasion, tax refusal or tax fraud, the tax authorities shall recover the unpaid or underpaid taxes, late payment fees or tax fraud, and shall not be limited by the time limit specified in the preceding paragraph. "
Second, the procedural law:
(a) the period in the civil procedure law
Three days:
1. The people's court shall make an oral or written decision on the withdrawal application of the parties within three days. If the applicant refuses to accept the decision, he may apply for reconsideration once after receiving the decision. During the period of reconsideration, the person who applies for withdrawal will not stop participating in the work of this case. The people's court shall make a reconsideration decision on the application for reconsideration within three days and notify the applicant for reconsideration.
2. When trying a civil case, the people's court shall notify the parties and other participants in the proceedings three days before the court session. If the hearing is held in public, the names of the parties, the cause of action, the time and place of the hearing shall be announced.
3. When the people's court decides to accept the application, it shall notify the payer to stop the payment at the same time, and make an announcement within three days to urge the interested parties to declare their rights.
The time limit for public summons shall be decided by the people's court according to the circumstances, but it shall not be less than 60 days.
4. After the members of the collegial panel are determined, they shall inform the parties within three days.
Five days:
1. The people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receipt.
2. If the defendant submits the defense, the people's court shall send a copy of the defense to the plaintiff within five days from the date of receipt. If the defendant fails to submit the defense, it will not affect the trial of the people's court.
3. The court record shall be read out in court, or the parties and other participants in the proceedings may be notified to read it in court or within five days.
4. If the parties directly appeal to the people's court of second instance, the people's court of second instance shall transfer the appeal to the people's court that originally tried the case within five days.
5. After receiving the appeal, the people's court that originally tried the case shall serve a copy of the appeal to the other party within five days, and the other party shall submit a reply within fifteen days from the date of receipt. The people's court shall, within five days from the date of receiving the reply, serve a copy on the appellant. If the other party fails to submit the defense, it will not affect the trial of the people's court.
6. The people's court that originally tried the case shall submit the appeal and defense together with all the files and evidence to the people's court of second instance within five days.
7. A citizen who refuses to accept the decision made by the Election Committee on the handling of voter qualification complaints may bring a lawsuit to the grassroots people's court where the constituency is located five days before the election day.
8. Supervision procedure: After the creditor files an application, the people's court shall notify the creditor whether to accept it or not within five days.
Seven days:
The people's court shall file a case within seven days after receiving a complaint or oral prosecution, and notify the parties concerned; If it is considered that it does not meet the conditions for prosecution, it shall be ruled inadmissible within seven days; If the plaintiff refuses to accept the ruling, he can appeal.
10 day:
1. If a party delays the deadline due to irresistible reasons or other legitimate reasons, it may apply for an extension of the deadline within 10 days after the obstacle is removed, and the people's court shall decide whether to grant it or not.
2. The people's court shall pronounce a judgment in public on cases that are tried in public or not.
If a verdict is pronounced in court, it shall be served within ten days; If the sentence is pronounced regularly, a written judgment will be issued immediately after the sentence is pronounced.
3. If a party refuses to accept the ruling of first instance of the local people's court, it has the right to appeal to the people's court at the next higher level within 10 days from the date when the ruling is served.
4. The people's court shall notify the debtor and known creditors within 10 days after declaring bankruptcy and paying off debts, and make an announcement.
15:
1. If the applicant fails to file a lawsuit within 15 days after the people's court takes the preservation measures, the people's court shall cancel the property preservation.
2. The detention period shall not exceed fifteen days.
The people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receipt.
4. If a party refuses to accept the judgment of the first instance of the local people's court, it has the right to appeal to the people's court at the next higher level within 15 days from the date when the judgment is served.
5. After receiving the appeal, the people's court that originally tried the case shall serve a copy of the appeal to the other party within five days, and the other party shall submit a reply within fifteen days from the date of receipt.
6. After the people's court accepts the application, if the facts and evidence provided by the creditor are clear and legal, it shall issue a payment order to the debtor within 15 days from the date of acceptance; If the application is not established, the ruling shall be rejected.
The debtor shall pay off the debt within fifteen days from the date of receiving the payment order, or file a written objection with the people's court.
If the debtor fails to raise any objection or perform the payment order within the period specified in the preceding paragraph, the creditor may apply to the people's court for compulsory execution.
7. If the person subjected to execution or the property subjected to execution is in other places, the local people's court may be entrusted to execute it on his behalf. After receiving the power of attorney, the entrusted people's court must start execution within 15 days and may not refuse. After the execution is completed, the people's court shall be informed of the execution results in writing in a timely manner; If the execution is not completed within 30 days, the entrusted people's court shall also be informed of the execution.
If the entrusted people's court fails to execute it within 15 days from the date of receiving the power of attorney, the entrusted people's court may request the people's court at a higher level of the entrusted people's court to instruct the entrusted people's court to execute it.
30th:
1. The entrusted people's court shall complete the investigation within 30 days from the date of receiving the power of attorney. If it cannot be completed for some reason, it shall notify the entrusted people's court by letter within the above-mentioned time limit.
2. The people's court shall make a final ruling within 30 days from the date of the case of second instance.
3. A case tried by the people's court through special procedures shall be concluded within 30 days from the date of filing the case or within 30 days after the expiration of the announcement. If there are special circumstances that need to be extended, it should be approved by the president of our hospital. Except for the qualification of voters in the hearing.
4. Creditors shall, within 30 days after receiving the notice, and creditors who have not received the notice shall declare their creditor's rights to the people's court within three months from the date of announcement. Failing to declare the creditor's rights within the time limit shall be regarded as giving up the creditor's rights.
5. If the person subjected to execution or the property subjected to execution is in other places, the local people's court may be entrusted to execute it on his behalf. After receiving the power of attorney, the entrusted people's court must start execution within 15 days and may not refuse. After the execution is completed, the people's court shall be informed of the execution results in writing in a timely manner; If the execution is not completed within 30 days, the entrusted people's court shall also be informed of the execution.
6. If the defendant has no domicile in People's Republic of China (PRC), the people's court shall serve a copy of the indictment on the defendant and notify the defendant to submit a reply within 30 days after receiving the copy of the indictment. If the defendant applies for an extension, whether to grant it or not shall be decided by the people's court.
7. If a party who has no domicile in People's Republic of China (PRC) refuses to accept the judgment or ruling of the people's court of first instance, he has the right to appeal within 30 days from the date when the judgment or ruling is served. After receiving a copy of the appeal, the appellee shall submit a defense within 30 days. If a party fails to file an appeal or reply within the statutory time limit and applies for an extension, whether to grant it or not shall be decided by the people's court.
8. After the foreign-related people's court decides to allow the preservation of foreign-related property before litigation, the applicant shall bring a lawsuit within 30 days. If no prosecution is brought within the time limit, the people's court shall terminate the property preservation.
Sixty days:
1. If the whereabouts of the addressee are unknown, or the addressee cannot be served by other means specified in this section, the notice shall be served. Sixty days after the announcement, it shall be deemed to have been delivered.
2. When the people's court decides to accept the application, it shall notify the payer to stop the payment at the same time, and make an announcement within three days to urge the interested parties to declare their rights.
The time limit for public summons shall be decided by the people's court according to the circumstances, but it shall not be less than 60 days.
Three months:
1. When a people's court tries a case by summary procedure, it shall conclude the case within three months from the date of filing the case.
2. The people's court shall conclude the appeal case against the judgment within three months from the date of filing the case of second instance. If there are special circumstances that need to be extended, it should be approved by the president of our hospital.
3. The people's court shall, after accepting the case of declaring missing or dead, issue a notice to search for the missing person. The notice period for declaring missing is three months, and the notice period for declaring dead is one year. If a citizen's whereabouts are unknown due to an accident and it is proved by the relevant authorities that the citizen cannot survive, the announcement period for declaring death is three months.
4. Creditors shall, within 30 days after receiving the notice, and creditors who have not received the notice shall declare their creditor's rights to the people's court within three months from the date of announcement. Failing to declare the creditor's rights within the time limit shall be regarded as giving up the creditor's rights.
Six months:
1. Reconciliation is not allowed in divorce mediation. If there are no new circumstances or new reasons for maintaining the adoption relationship through judgment or mediation, if the plaintiff brings a lawsuit within six months, it will not be accepted.
2. A case tried by the people's court through ordinary procedures shall be concluded within six months from the date of filing the case. If there are special circumstances that need to be extended, it can be extended for six months with the approval of the president of our hospital; If an extension is needed, it shall be reported to the people's court at a higher level for approval.
3. The people's court may serve litigation documents on the parties who have no domicile in the territory of People's Republic of China (PRC) in the following ways:
If the law of the country where the addressee is located allows service by mail, it may be served by mail. The service receipt is not returned within six months from the date of mailing, but it is deemed to have been served according to various circumstances, and it shall be deemed to have been served from the date of expiration of the period; If it cannot be served in the above way, the announcement shall be served, and it shall be deemed to have been served after six months from the date of announcement.
One year:
1, the death announcement period is one year.
2. After accepting the application, the people's court shall, after examination and verification, issue an announcement on the property creditor's rights. If the announcement is unclaimed for one year, the judgment finds that the property is ownerless and belongs to the state or the collective.
3. Ordinary litigation: If an interested party is unable to report to the people's court before the judgment due to justifiable reasons, it may bring a lawsuit to the people's court that made the judgment within one year from the date when it knew or should have known the announcement of the judgment.
4. The time limit for applying for execution is one year if both parties or one party is a citizen, and six months if both parties are legal persons or other organizations.
It's been two years.
1. If a party applies for a retrial, it shall do so within 2 years after the judgment or ruling becomes legally effective. The parties shall not apply for a retrial of the legally effective judgment of dissolution of marriage.
2. If a citizen's whereabouts have been unknown for two years, and an interested party applies for declaring him missing, it shall submit it to the basic people's court of the missing person's domicile.
If a citizen's whereabouts have been unknown for four years or two years due to an accident, and it is proved by the relevant authorities that the citizen can no longer survive, and the interested party applies for declaring his death, it shall submit it to the basic people's court where the missing person lives.
3. Time limit for application for execution
arbitration law
pentad
Within five days from the date of receiving the application for arbitration, if the Arbitration Commission considers that it meets the acceptance conditions, it shall accept it and notify the parties concerned; If it considers that it does not meet the acceptance conditions, it shall notify the parties in writing that it will not accept it and explain the reasons.
Thirty days
The arbitration tribunal shall correct the errors in writing and calculation in the award or the matters that have been decided by the arbitration tribunal but are omitted in the award; Within 30 days from the date of receiving the award, the parties may request the arbitration tribunal to make corrections.
six months
If a party applies for revocation of an award, it shall do so within six months from the date of receipt of the award.
(2) Criminal Procedure Law:
Twelve hours
1. A criminal suspect who does not need to be arrested or detained may be summoned to a designated place in the city or county where the criminal suspect is located or to his residence for interrogation. However, the certificates of the people's procuratorate or the public security organ shall be produced. The maximum duration of summons and summons shall not exceed twelve hours. The criminal suspect shall not be detained in disguised form by means of continuous summons or compulsory summons.
2. The judge shall complete the interrogation of the arrested person within 12 hours after the arrest, and shall not detain the arrested person in disguised form by continuous arrest.