Article 108 A prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
Article 109 A lawsuit shall be brought to a people's court, and copies shall be submitted according to the number of defendants.
If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.
Article 110 A complaint shall contain the following items:
(a) the name, sex, age, nationality, occupation, work unit and domicile of the party concerned, the name and domicile of the legal person or other organization, and the name and position of the legal representative or principal responsible person;
(2) the request and the facts and reasons on which it is based;
(3) Evidence and its sources, names and residences of witnesses.
Article 111 A lawsuit that conforms to the provisions of Article 108 of this Law must be accepted by the people's court. The following prosecutions shall be handled separately according to different situations:
(a) in accordance with the provisions of the administrative procedure law, which belongs to the scope of administrative litigation, inform the plaintiff to bring an administrative lawsuit;
(2) In accordance with the law, both parties voluntarily reach a written arbitration agreement on contract disputes and apply to an arbitration institution for arbitration. If they cannot bring a suit in a people's court, they shall inform the plaintiff to apply to an arbitration institution for arbitration;
(3) Informing the plaintiff to apply to the relevant authorities for settlement of disputes that should be handled by other organs according to law;
(4) Informing the plaintiff to bring a suit in a people's court that has jurisdiction over a case that is not under the jurisdiction of this court;
(5) If a party files a lawsuit in a case in which a judgment or ruling has become legally effective, it shall inform the plaintiff to handle it according to the complaint, unless the people's court decides to allow the withdrawal of the lawsuit;
(six) cases that cannot be prosecuted within a certain period of time according to law shall not be accepted;
(seven) cases in which divorce or mediation is not allowed, and cases in which the adoption relationship is maintained through judgment or mediation, if there are no new circumstances or new reasons, will not be accepted if the plaintiff brings a lawsuit within six months.
Article 112 If a people's court receives a complaint or an oral prosecution and finds that it meets the requirements for prosecution after examination, it shall file a case within seven days 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.
(Interpretation of Civil Procedure Law) 139. If the prosecution does not meet the conditions for acceptance, the people's court shall rule that it shall not be accepted. After filing the case, it was found that the prosecution did not meet the acceptance conditions, and the prosecution was dismissed.
The written ruling of inadmissibility shall be signed by the judge and the clerk in charge of examining and filing the case; The written ruling rejecting the prosecution shall be signed by the judge and the clerk in charge of hearing the case.
140. If the parties have abused or personally attacked in the complaint, and the service of a copy may intensify the contradiction, which is not conducive to the settlement of the case, the people's court shall persuade them to amend it realistically. If you insist on not changing, you can serve a copy of the complaint.
14 1. Inform the plaintiff to bring a lawsuit to the people's court that has jurisdiction over the case; If the plaintiff insists on prosecution, the ruling will not be accepted; If it is found that the court has no jurisdiction after filing the case, the case shall be transferred to the people's court with jurisdiction.
142. The people's court shall accept a case that has been ruled inadmissible or rejected, and the plaintiff files a lawsuit again, which meets the conditions for prosecution.
143. The plaintiff shall pay the case acceptance fee in advance, and the people's court shall notify him to pay in advance. If the advance payment has not been made after notification or the application for reduction, postponement or exemption from advance payment has not been approved by the people's court, the ruling shall be automatically withdrawn.
144. If a party withdraws the lawsuit or the people's court handles it according to the withdrawal, the people's court shall accept the case if the party files a lawsuit again on the same claim.
If the plaintiff withdraws the lawsuit or the divorce case handled according to the withdrawal has no new circumstances or new reasons and brings a lawsuit within six months, it may be rejected by applying mutatis mutandis the provisions of Item (7) of Article 111 of the Civil Procedure Law.
145. According to Item (2) of Article 111 of the Civil Procedure Law, if the parties have an arbitration clause in the written contract, or a written arbitration agreement is reached after a dispute occurs, the people's court will rule that it will not be accepted, and inform the plaintiff to apply to an arbitration institution for arbitration. However, unless the arbitration clause or arbitration agreement is invalid, invalid or unclear, it cannot be enforced.
146. If the arbitration institution selected by the parties in the arbitration clause or agreement does not exist, or the selected arbitration matters exceed the authority of the arbitration institution, the people's court has the right to accept the prosecution of one party according to law.
147. In an accepted civil lawsuit, if one of the defendants objects to the jurisdiction of the people's court because the arbitration clause or arbitration agreement is invalid or unclear, the people's court shall rule on jurisdiction.
148. If one party fails to declare that there is an arbitration agreement when bringing a lawsuit to the people's court, and the other party responds after the people's court accepts it, it shall be deemed that the people's court has jurisdiction.
149, patients and their relatives have no opinions on the conclusion of medical malpractice made by the technical appraisal committee of medical malpractice, and only ask the medical unit to bring a lawsuit to the people's court to claim compensation for the economic losses caused by medical malpractice, which should be accepted.
150. If the defendant decides that divorce is not allowed and conducts mediation and reconciliation, and the defendant decides or mediates to maintain the adoption relationship and brings a lawsuit to the people's court, it is not restricted by the conditions stipulated in Item (7) of Article 111 of the Civil Procedure Law.
15 1. If one of the husband and wife is missing, and the other party files a lawsuit with the people's court for divorce only, the people's court shall accept it and serve a notice of the litigation documents on the missing person.
152, alimony, alimony, child care cases, after the judgment has become legally effective, because of new situations and new reasons, one party brings a lawsuit to increase or decrease the expenses, the people's court shall accept it as a new case.
153. If a party brings a lawsuit during the limitation of action, 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.
154. The commercial secrets mentioned in Articles 66 and 120 of the Civil Procedure Law mainly refer to technical secrets such as production process, formula, trade links, purchase and sale channels, business intelligence and information and other industrial and commercial secrets that the parties are unwilling to disclose.
155. When hearing a case in accordance with ordinary procedures, the people's court shall summon the parties three days before the court session. Notify agents ad litem, witnesses, expert witnesses, inspectors and translators to appear in court. If the parties or other participants in the proceedings are in other places, necessary time should be set aside on the way.
156. After the case is accepted, but before the end of the court debate, the plaintiff adds a claim, the defendant makes a counterclaim, and a third party makes a claim related to this case. If the case can be tried together, the people's court shall try it together.
157. In the divorce proceedings of a person without civil capacity, the legal representative of the party concerned shall appear in court; If the legal representative cannot appear in court, the people's court shall make a judgment according to law on the basis of ascertaining the facts.
158. If the legal representative of a person without capacity for civil conduct refuses to appear in court after being summoned by a summons without justifiable reasons, taking the plaintiff as an example, the prosecution may be dismissed in accordance with the provisions of Article 129 of the Civil Procedure Law; As for the defendant, according to the provisions of Article 130 of the Civil Procedure Law, he can make a judgment by default.
159. If a third party with independent claim is summoned by the people's court and refuses to appear in court without justifiable reasons, or withdraws from court without the permission of the court, it may be handled as a third party withdrawing the lawsuit by referring to the provisions of Article 129 of the Civil Procedure Law.
160. After the third party with independent claim participated in the lawsuit, the plaintiff applied to withdraw the lawsuit. After the people's court allows the plaintiff to withdraw the lawsuit, the third party with independent claim is the plaintiff in another case, and the plaintiff and defendant in the original case are the defendants in another case. The lawsuit will be conducted separately.
16 1. If a party applies for withdrawing a lawsuit or a case that can be handled according to law, and the party violates the law and needs to be handled according to law, the people's court shall not withdraw the lawsuit or refuse to handle it according to law.
162. If a third person who has no independent claim is summoned by the people's court, refuses to appear in court without justifiable reasons, or withdraws from court without the permission of the court, the trial of the case will not be affected. If a third person who has no independent claim is judged by the people's court to bear civil liability, he has the right to appeal.
163. After the verdict is pronounced in the first instance, if the people's court of first instance finds that the verdict is really wrong and the parties appeal during the appeal period, they can put forward their opinions that the original verdict is really wrong and submit it to the people's court of second instance, which will try it in accordance with the procedure of second instance; If the parties do not appeal, it shall be handled in accordance with the procedure of trial supervision.
164. The trial period stipulated in Article 135 of the Civil Procedure Law refers to the period from the date of filing the case to the date when the judgment is pronounced and the conciliation statement is served, but the period of declaring, appraising and hearing the jurisdictional objections raised by the parties and the jurisdictional disputes between the people's courts is not counted.
165. If the judgment of first instance and the ruling that can be appealed cannot be served on both parties at the same time, the appeal period shall be counted from the day after their respective judgments and rulings are received.
166. The clerical error in Item (7) of Paragraph 1 of Article 140 of the Civil Procedure Law refers to the misspelling and miscalculation of legal words, the omission of calculation of litigation costs and other clerical errors.
167. Elimination of reasons for suspension of litigation. When the proceedings are resumed, it is not necessary to revoke the original ruling. From the time when the people's court notifies or allows both parties to continue the lawsuit, the ruling to suspend the lawsuit is invalid.
Summary procedure
168, the "facts are clear" in a simple civil case stipulated in Article 142 of the Civil Procedure Law means that both parties have basically the same statements about the disputed facts and can provide reliable evidence, and they can find out the facts and distinguish right from wrong without investigation and collection of evidence by the people's court; "the relationship between rights and obligations is clear", that is, who is the bearer of responsibility and who is the holder of rights, and the relationship is clear; "Little controversy" means that the parties have no principled differences on the right and wrong, responsibility and litigation object of the case.
169. A case in which the defendant was unaccounted for at the time of prosecution shall not be tried by summary procedure.
170, the trial period shall not be extended for cases that are tried by summary procedure. In the course of the trial, 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 the collegial panel will hear the case and notify both parties in time. The trial period shall be counted from the day after the case is filed.
17 1. Cases that have been tried in accordance with ordinary procedures, regardless of whether the situation has changed during the trial, shall not be tried by summary procedure.
172. When the people's court tries a case by summary procedure, it shall inform the defendant of the contents of the prosecution orally or in writing, and summon the parties and witnesses orally or by other simple means. The judge shall be the sole judge, and the clerk shall keep records, and shall not make self-examination and self-recording. If the judgment is not public, it shall be pronounced publicly in accordance with the provisions of Article 134 of the Civil Procedure Law.
173. The judgments, rulings and conciliation statements made by the people's courts must be stamped with the seals of the grassroots people's courts, and the seals of the grassroots people's courts shall not be replaced by the seals of the people's courts.
174, summary procedure shall not be applied to cases sent back for retrial and retrial according to trial supervision procedures.
175. If a case is tried by summary procedure, the case file shall contain the following materials: (1) the indictment or oral prosecution record; (2) written reply or oral reply; (3) If another person is entrusted to represent the lawsuit, a power of attorney is required; (4) Necessary evidence; (5) Asking the transcripts of the parties; (6) transcripts of court hearings (including conciliation statement); (7) A written judgment, conciliation statement, ruling or conciliation statement; (eight) service and sentencing transcripts; (9) implementation; (10) legal fee receipt.
(Civil Procedure Law) Article 63 There are the following types of evidence:
(1) Documentary evidence;
(2) Physical evidence;
(3) Audio-visual materials;
(4) Testimony of witnesses;
(5) statements of the parties;
(6) Evaluation conclusion;
(7) Records of the inquest.
The above evidence must be verified before it can be used as the basis for ascertaining the facts.
Article 64 The parties have the responsibility to provide evidence of their own claims.
The people's court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or evidence that the people's court considers necessary for hearing a case.
The people's court shall comprehensively and objectively examine and verify the evidence in accordance with legal procedures.
Article 65 The people's court has the right to investigate and collect evidence from relevant units and individuals, and the relevant units and individuals may not refuse.
The people's court shall distinguish the authenticity of the documents submitted by the relevant units and individuals, and examine and determine their validity.
Article 66 Evidence shall be presented in court and cross-examined by the parties. Evidence involving state secrets, commercial secrets and personal privacy shall be kept confidential. If it needs to be presented in court, it may not be presented publicly.
Article 67 The people's court shall take legal acts, legal facts and documents notarized through legal procedures as the basis for ascertaining facts. However, unless there is enough evidence to the contrary to overturn the notarial certificate.
Sixty-eighth documentary evidence shall be submitted in the original. Physical evidence shall be submitted in its original form. If it is really difficult to submit the original or the original, copies, photos, duplicates and excerpts may be submitted.
Foreign documentary evidence must be accompanied by a Chinese translation.
Article 69 The people's court shall distinguish the authenticity of audio-visual materials, and examine and determine whether they can be used as the basis for ascertaining the facts in combination with other evidence in this case.
Article 70 All units and individuals who know the circumstances of a case have the obligation to testify in court. The person in charge of the relevant unit shall support the witness to testify. If a witness is unable to appear in court due to real difficulties, he may submit written testimony with the permission of the people's court.
People who cannot express their will correctly cannot testify.
Article 71 The people's court shall, in combination with other evidence in this case, examine and determine whether the statements of the parties can be used as the basis for ascertaining the facts.
The refusal of the parties to state the case does not affect the people's court's determination of the facts of the case on the basis of evidence.
Article 72 If the people's court deems it necessary to appraise specialized issues, it shall submit them to a statutory appraisal department for appraisal; If there is no statutory appraisal department, it shall be appraised by the appraisal department designated by the people's court.
The appraisal department and its designated appraisers have the right to know the case materials needed for appraisal, and may ask the parties and witnesses when necessary.
The appraisal department and appraiser shall put forward a written appraisal conclusion and sign or seal the appraisal book. Where an appraiser conducts an appraisal, the unit where the appraiser belongs shall affix a seal to prove the identity of the appraiser.
Article 73 When inspecting physical evidence or the scene, the inspector must produce the certificate of the people's court, and invite local grass-roots organizations or the units to which the parties belong to send people to participate. The parties or adult family members of the parties shall be present, and the refusal to be present will not affect the conduct of the inquest.
According to the notice of the people's court, the relevant units and individuals have the obligation to protect the site and assist in the inspection.
The inspectors shall make a record of the inspection situation and results, which shall be signed or sealed by the inspectors, the parties concerned and the invited participants.
Article 74 In case the evidence may be lost or difficult to obtain later, the participants in the proceedings may apply to the people's court for evidence preservation, and the people's court may also take preservation measures on its own initiative.
(Interpretation of Civil Procedure Law) III. evidence
70. The people's court shall collect investigation evidence by two or more people. The investigation materials shall be signed or sealed by the investigator, the respondent and the recorder.
7 1. The people's court shall issue a receipt for the evidence provided by the parties, indicating the name of the evidence, the time of receipt, the number of copies and the number of pages, which shall be signed or sealed by the judge or the clerk.
72. Evidence should be presented in court and debated and cross-examined in court. Evidence that should be kept confidential according to law, the people's court may decide whether to present it in court according to the specific circumstances. If it is necessary to present it, it may not be presented publicly.
73. According to the second paragraph of Article 64 of the Civil Procedure Law, the evidence collected by the people's court through investigation includes:
(1) The parties and their agents ad litem cannot collect it by themselves due to objective reasons;
(2) Where the people's court deems it necessary to conduct appraisal or inspection;
(3) The evidence provided by the parties is contradictory and cannot be identified;
(4) Other evidence that the people's court thinks should be collected by itself.
74. In litigation, the parties have the responsibility to provide evidence for their claims. However, in the next infringement lawsuit, if the defendant denies the infringement facts put forward by the plaintiff, the defendant shall bear the burden of proof:
(1) Patent infringement lawsuit caused by the invention patent of product manufacturing method;
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