What is the procedure for the court to suspend the trial that requires the parties to file an application, or the people's court takes the initiative to make an ex officio decision? The people's court needs to determine whether the conditions for suspending the trial are met according to facts and laws and make a corresponding ruling. Conditions for Suspending the Trial According to Article 15 of the Civil Procedure Law of the People's Republic of China, if one of the following circumstances occurs, 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 loses 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; (5) 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 in judicial practice, the Supreme People's Court has also stipulated the following situations in which litigation is suspended: 1. In a loan case, if the debtor's whereabouts are unknown when the creditor files a lawsuit, the court should ask the creditor to provide evidence to prove the existence of the loan relationship, and after accepting it, it will 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 the loan relationship cannot be ascertained, an order shall be made to suspend the lawsuit; If the debtor runs away during the trial, his whereabouts are unknown and the facts are difficult to find out, 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 has been abolished by the new judicial interpretation on September 1, 215, and the above provisions have been deleted in the new judicial interpretation.) 2. After accepting the infringement case of utility model or design patent, the people's court shall inform the defendant that if it wants to request the invalidation of the patent right, it must submit it to the Patent Reexamination Board within the period of defense. If the defendant requests to declare the patent invalid during the defense period, the people's court shall suspend the lawsuit. If 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 infringement or take other measures to stop the infringement damage from expanding. 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. If the defendant requests to declare the patent invalid during the period of defense in a case of invention patent infringement accepted by the people's court or a case of utility model patent infringement in which the patent reexamination board has examined and maintained the patent right, the people's court may not suspend the lawsuit. In case of the above circumstances, the court shall make a ruling to suspend the proceedings. After the ruling on the suspension of litigation is made, the parties concerned shall apply or the court shall resume the proceedings ex officio. After the proceedings are resumed, there is no need to revoke the original ruling, and the ruling to suspend the proceedings becomes invalid from the time when the court notifies or allows both parties to continue the proceedings; All litigation acts conducted before the suspension of litigation shall continue to be effective after the resumption of litigation procedures, and shall be effective if force majeure does not occur in the last six months of the limitation period during the suspension of litigation. If the parties need to file an application, or the people's court takes the initiative to make an ex officio decision, the people's court needs to determine whether the conditions for suspending the trial are met according to facts and laws and make a corresponding ruling. After the cause of suspension disappears, the trial needs to be resumed. Legal objectivity:
Article 26 of the Criminal Procedure Law, in the course of a trial, if the case cannot be continued for a long time under any of the following circumstances, the trial may be suspended: (1) The defendant is seriously ill and unable to appear in court; (2) The defendant escaped; (3) The private prosecutor suffers from a serious illness and is unable to appear in court, and has not entrusted an agent ad litem to appear in court; (4) Due to irresistible reasons. After the reasons for suspending the trial disappear, the trial shall be resumed. The period of suspension of the trial is not included in the trial period.