Does the court need the parties to file an application to suspend the trial, or does the people's court decide on its own initiative? What is the procedure? The people's court needs to determine whether it meets the conditions for suspending the trial according to facts and laws, and make a corresponding ruling. Conditions for Suspending the Trial According to Article 150 of the Civil Procedure Law of People's Republic of China (PRC), in any of the following circumstances, the lawsuit shall be 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, 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 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. If the parties need to file an application, or the people's court decides on its own initiative, the people's court needs to determine whether it meets the conditions for suspending the trial according to facts and laws, and make a corresponding ruling. After the reasons for suspension disappear, the trial needs to be resumed.
Legal objectivity:
Article 253 of the Criminal Procedure Law If the complaint of the parties and their legal representatives or close relatives meets one of the following circumstances, the people's court shall retry the case: (1) There is new evidence to prove that the facts ascertained in the original judgment or ruling are indeed wrong, which may affect conviction and sentencing; (2) The evidence on which conviction and sentencing are based is inaccurate and insufficient, which should be excluded according to law, or there are contradictions between the main evidences proving the facts of the case; (3) The application of the law in the original judgment or ruling is indeed wrong; (four) in violation of legal procedures, which may affect the fair trial; (5) The judicial officers commit acts of corruption, bribery, favoritism and malpractice, and perverting the law.