(1) Cases under the jurisdiction of the Intermediate People's Court
Criminal proceedings:
1. Cases endangering national security;
2. Ordinary criminal cases that may be sentenced to death or life imprisonment;
3. Criminal cases of foreigners.
civil action
1. Major foreign-related cases (the subject matter is large or the case is complicated or many parties live abroad);
2. It has great influence in this area;
3. The Supreme Court decided to be under the jurisdiction of the intermediate court (maritime affairs, patent disputes, major civil cases involving Hong Kong, Macao and Taiwan, economic disputes with a large amount of subject matter, or litigation units above provinces, autonomous regions and municipalities directly under the Central Government).
Administrative litigation:
1. Confirmation of invention patent (patent application, patent invalidation or maintenance, compulsory license);
2. Customs handling cases (tax payment and administrative punishment cases);
3. Litigation against specific administrative acts of the governments of various ministries, provinces, autonomous regions and municipalities directly under the Central Government of the State Council;
4. Major and complicated cases within the jurisdiction (defendants are governments at or above the county level and grass-roots courts that are not suitable for trial, * * * incidental litigation and class action, major foreign-related administration, involving Hong Kong, Macao and Taiwan, and others).
2) Regional jurisdiction
Criminal proceedings:
1. The jurisdiction of the court where the crime occurred, supplemented by the defendant's domicile (including domicile and residence);
2. The court trial initially accepted is supplemented by the court trial in the main crime place;
3. Jurisdiction in special circumstances.
Civil litigation:
1. The jurisdiction of the court where the defendant is located is a general principle, except for the jurisdiction of the court where the plaintiff is located;
2. Special provisions on divorce jurisdiction;
3. Special territorial jurisdiction (9 kinds);
4. Exclusive jurisdiction: real estate, port, place of death of the deceased or main heritage.
Administrative litigation:
1. The jurisdiction of the court where the administrative organ initially made a specific administrative act. After reconsideration, it may also be under the jurisdiction of the court where the reconsideration organ is located;
2. Litigation against administrative compulsory measures restricting personal freedom shall be under the jurisdiction of the court where the defendant or plaintiff is located;
3. The lawsuit brought by the real estate shall be under the jurisdiction of the court where the real estate is located.
(3) the jurisdiction is transferred downwards.
Criminal proceedings: no.
Civil action: Yes.
(four) the time limit for accepting and serving a copy of the indictment on the defendant (the defendant)
Criminal proceedings:
1. public prosecution (ordinary procedure): decide to accept it within 7 days, and send a copy of the indictment of the procuratorate to the defendant 10 days before the trial and inform the defender that it can be entrusted;
2. Public prosecution (suggested summary procedure): accepted within 3 days;
3. Private prosecution: 2 to 15 accepted.
Civil litigation:
File a case within 7 days and notify the parties concerned, and serve a copy of the complaint to the defendant within 5 days from the date of filing the case. The defendant filed a reply within 15 days after receiving it, and the court served it on the plaintiff within 5 days after receiving it.
Administrative litigation:
Decide to file a case within 7 days from the date of receiving the complaint and issue a notice of responding within 5 days; If you can't decide whether to file a case within 7 days, file a case first; If the case is not filed or ruled, the parties concerned shall appeal or bring a lawsuit to a higher court, and those who meet the conditions shall be accepted.
(5) counterclaim conditions
Criminal proceedings:
1. The object is the private prosecutor in this case;
2. The content of counterclaim is related to this case;
3. Counterclaim cases belong to: minor criminal cases that are handled after being informed and the victim has evidence to prove;
4. Counterclaim shall be made in the course of litigation, at the latest before the verdict of private prosecution case.
Civil litigation:
1. The defendant in this case filed a lawsuit against the plaintiff in this case;
2. It must be put forward in the course of this lawsuit (from acceptance to the end of the debate);
3. It must be submitted to the court that accepts the lawsuit, and the sued court has jurisdiction over the counterclaim;
4. The same procedure should be applied to this lawsuit;
5. The counterclaim is implicated in this case.
Administrative litigation: none
(6) About mediation
Criminal proceedings:
1. incidental civil actions can be mediated;
2. Private prosecution as stipulated in the first two paragraphs of Article 170 of the Criminal Procedure Law can be mediated;
3. Mediation is not applicable to public prosecution and private prosecution in the third paragraph of Article 170.
Civil litigation:
1. Mediation can be conducted on a voluntary and legal basis;
2. Divorce cases must be mediated.
Administrative litigation:
Mediation generally does not apply to the trial of administrative cases; Mediation can be applied to the trial of administrative compensation litigation cases.
(seven) to know whether the parties appear in court.
Criminal proceedings: presiding judge
Civil action: clerk
Administrative litigation: presiding judge
(8) To decide on the withdrawal of clerks, translators and appraisers.
Criminal proceedings: Dean
Civil litigation: presiding judge
Administrative litigation: presiding judge
(nine) to avoid the decision and reconsideration
Criminal proceedings: If the applicant refuses to accept the decision to reject the application, he shall apply for reconsideration once within 5 days, and the competent authority shall make a reconsideration decision within 3 days.
Civil litigation: the court makes a decision on the objection application within 3 days, and the applicant refuses to accept it and applies for reconsideration once. The court made a reconsideration decision within 3 days.
Administrative litigation: not clearly defined.
(10) Cases not heard in public.
Criminal proceedings:
1. Cases involving state secrets and personal privacy;
2. 14 years old and 16 years old are not disclosed, and 16 years old and 18 years old are generally not disclosed;
3. If the application filed by the parties really belongs to trade secrets, it shall be decided not to make it public.
Civil litigation:
1. Cases involving state secrets, personal privacy or otherwise provided by law;
2. Divorce and cases involving commercial secrets that the parties apply for not hearing in public may be heard in private.
Administrative litigation:
Involving state secrets, personal privacy and other contents prescribed by law.
(eleven) whether to allow the withdrawal of the lawsuit.
Criminal proceedings:
1. public prosecution: the procuratorate withdraws the lawsuit, and the court can decide whether to grant it;
2. Private prosecution: The private prosecutor should be allowed to voluntarily withdraw the lawsuit.
Civil litigation:
The court may or may not allow the plaintiff to withdraw the lawsuit (the plaintiff refused to appear in court and made a judgment by default).
Administrative litigation:
The court may or may not allow the plaintiff to withdraw the lawsuit (the plaintiff refused to appear in court and made a judgment by default).
(12) whether a lawsuit can be brought again after the withdrawal or withdrawal of the lawsuit.
Criminal proceedings:
1. public prosecution: if the court decides to allow the procuratorate to protest, and there are no new facts and evidence, the court will not accept it;
2. Private prosecution: Unless the prosecution is withdrawn due to insufficient evidence, if the private prosecutor tells the same fact again, the court will not accept it.
Civil litigation:
1. After the withdrawal of the lawsuit or the withdrawal of the lawsuit, if the parties file a lawsuit again on the same claim, the court shall accept it;
2. Divorce cases withdrawn or handled according to withdrawal, if there are no new circumstances or new reasons, and the plaintiff files a lawsuit within 6 months, will not be accepted (the defendant is not subject to this restriction).
Administrative litigation:
1. If the plaintiff files a new lawsuit with the same facts and reasons after withdrawing the lawsuit, it will not be accepted;
2. However, if the acceptance fee is not paid on time and the lawsuit is withdrawn, the plaintiff shall file a lawsuit again within the statutory time limit to solve the problem of advance payment of legal fees and shall be accepted.
(13) postpone the trial.
Criminal proceedings:
1. It is necessary to notify new witnesses to appear in court, obtain new material evidence, re-identify or conduct an inquest;
2. The prosecutor suggested supplementary investigation (1 month);
3. The parties apply for withdrawal and cannot conduct a trial;
4. Refusing to defend;
5. The change or additional prosecution by the procuratorate requires defense preparation.
Civil litigation:
1. The parties who must appear in court and other participants in the proceedings do not appear in court without justifiable reasons;
2. The party temporarily applies for withdrawal;
3. It is necessary to notify new witnesses to appear in court, adjust new evidence, re-identify, conduct an inquest, or make supplementary investigations;
4. Other circumstances that should be postponed.
Administrative litigation:
There are no clear rules.
(14) the circumstances of suspension of the trial.
Criminal proceedings:
During the trial, the private prosecutor and the defendant suffered from mental illness or other diseases; After acceptance, the defendant escaped; Other reasons.
Civil and administrative litigation:
1. One party dies and needs to wait for the heir to indicate whether to participate in the lawsuit;
2. One party loses the capacity for litigation and has not yet determined the 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;
5. The case must be based on the trial result of another case, which has not yet been concluded;
6. others.
(15) Termination of the trial.
Criminal proceedings:
1. The statute of limitations has expired;
2. Exemption from punishment through Amnesty;
3. Handling after informing, failing to inform or withdraw;
4. The criminal suspect or defendant dies;
5. Others are exempt from criminal responsibility.
Civil litigation:
1. The plaintiff dies, and there is no heir or the heir waives the litigation right;
2. The defendant died, leaving no legacy and no one who should bear the obligations;
3. One party in the divorce case dies;
4. One party dies in the case of recovery of alimony, alimony, child care and dissolution of adoption.
Administrative litigation:
1. The plaintiff dies, and no close relatives or close relatives give up their litigation rights;
2. After the termination of the legal person or other organization as the plaintiff, the successor of its rights and obligations waives the litigation right;
3. The plaintiff is dead, incapacitated, and no one continues the lawsuit 90 days after the termination of the legal person.
(sixteen) the application of summary procedure.
Criminal proceedings:
1. At the same time: the facts are clear and the evidence is sufficient; The defendant and the defender have no objection to the basic criminal facts accused; According to law, he can be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance, and a fine or a single fine; The procuratorate suggests or agrees to apply summary procedure;
2. Cases dealt with after telling, including: insult and slander; Crime of violent interference with freedom of marriage; Crime of maltreatment; Crime of embezzlement;
3. Minor criminal cases prosecuted by the victim with evidence.
Civil litigation:
1. Simple civil cases with clear facts, clear rights and obligations and little controversy.
2. Summary procedure is not applicable:
(1) Cases in which the defendant's whereabouts were unknown at the time of prosecution;
(2) Cases tried in accordance with ordinary procedures;
(3) Cases sent back for retrial and retrial according to the procedure of trial supervision.
Administrative litigation: none.
(seventeen) the summary procedure into ordinary procedures.
Criminal proceedings:
1. The defendant in a public prosecution case does not constitute a crime;
2. The defendant in a public prosecution case was sentenced to more than 3 years' imprisonment;
3. In the public prosecution, the defendant retracted his confession in court and denied the facts of the crime;
4. The facts are unclear and the evidence is insufficient;
5. others.
The trial period shall be counted from the date when it is decided to enter the ordinary procedure.
Civil litigation:
If it is found that the case is complicated and needs to be transferred to the ordinary procedure, it can be transferred to the ordinary procedure, and a collegial panel will be organized to hear it, and both parties will be notified in time.
The trial period starts from the day after the case is filed.
Administrative litigation: none.
(18) subject of appeal
Criminal proceedings:
1. Defendant, private prosecutor and their legal representatives;
2. Defenders and close relatives of the defendant, with the consent of the defendant;
3. The parties and legal representatives of incidental civil action have the right to appeal against the part of incidental civil action; If the victim and his legal representative refuse to accept the criminal judgment, they can only request the procuratorate to protest.
Civil litigation:
1. Plaintiff, defendant and * * * co-litigant;
2. Litigation representative;
3. A third person with independent claim, a third person without independent claim who is liable according to the judgment of first instance.
Administrative litigation:
Plaintiff, defendant, third party of first instance and their legal representatives; Authorized agent.
(XIX) Time limit for appeal
Criminal proceedings:
Judgment: 10 day (the victim asked the procuratorate to protest within 5 days); Ruling: 5 days;
The time limit for appeal of incidental civil judgments and rulings shall be determined according to the criminal part; If a separate civil trial is attached to the original trial, the time limit for appeal shall be stipulated in the civil proceedings.
Civil litigation:
Judgment: 15 days; Ruling: 10 days; According to the law, the parties can only appeal against the three specific rulings of "inadmissibility, objection to jurisdiction and dismissal of prosecution", and are not allowed to appeal against other civil rulings.
Administrative litigation:
Judgment: 15 days; Ruling: 10 days; According to the law, the parties can only appeal against the three specific rulings of "inadmissibility, objection to jurisdiction and dismissal of prosecution", and are not allowed to appeal against other civil rulings.
(twenty) the principle of second instance trial.
Criminal proceedings:
1. The second instance conducts a comprehensive review of the facts identified in the judgment of the first instance and the applicable laws, and is not limited by the scope of appeal or protest;
2. There is no additional punishment for appeal (except for the protest of the procuratorate and the appeal of the private prosecutor).
Civil litigation:
Review the relevant facts and applicable laws of the appeal request, except that the judgment violates the prohibitive provisions of the law and infringes on the interests of the public and others.
Administrative litigation:
The judgment of the court of first instance and the legality of the defendant's specific administrative act should be comprehensively reviewed, and it is not limited by the scope of appeal.
In the second instance, the accused administrative organ may not change the original specific administrative act.
(twenty-one) the form of second instance to uphold the original judgment.
Criminal proceedings:
Referee.
Civil litigation:
Judge.
Administrative litigation:
Judge.
(twenty-two) the time limit for the parties to appeal
Criminal proceedings:
Within 2 years after the execution of the penalty.
Civil and administrative litigation:
It is filed within 2 years after the judgment or ruling becomes legally effective (2 years is a fixed period).
(twenty-three) the reasons for the trial supervision procedure.
Criminal proceedings:
1. The original judgment or ruling found that the facts were indeed wrong;
(1) There is new evidence to prove that the facts identified in the original judgment or ruling are indeed wrong;
(2) The evidence on which conviction and sentencing are based is not true or sufficient, or there are contradictions between the main evidences proving the facts of the case;
2. The original judgment or ruling is wrong in applying the law;
3. Serious violation of litigation procedures, affecting the correct judgment;
4. When trying a case, the judge embezzled, accepted bribes, practised favoritism, and perverted the law.
Civil litigation:
1. There is new evidence enough to overturn the original judgment or ruling;
2. The main evidence of the facts ascertained in the original judgment or ruling is insufficient;
3. The application of law in the original judgment or ruling is indeed wrong;
4. The court violates legal procedures, which may affect the fair judgment;
5. When trying a case, the judge embezzles and accepts bribes, engages in malpractices for personal gain and perverts the law.
The effective judgment of dissolution of marriage shall not be allowed in accordance with the supervision procedure, public notice procedure, bankruptcy debt repayment procedure and retrial case.