Hey guys, the scope of your question is really quite large. I will show you the information I have compiled before. I hope it will be helpful to you^-^
一, Substantive law:
(1) Let’s talk about civil and commercial law first:
It is divided into acquisition limitation and litigation limitation. The former formula applies to the statute of limitations of property rights, but so far, there is no provision in Chinese law. The latter applies to the right to claim. If the right is not exercised beyond a certain period, it will result in the loss of the "right to win the lawsuit."
1.[1 year]
①The following statute of limitations in Article 136 of the "General Principles of Civil Law" is one year:
(1) Bodily injury Requesting compensation;
(2) Selling goods with substandard quality without declaration;
(3) Delaying or refusing to pay rent;
( 4) The stored property is lost or damaged.
② Paragraph 1 of Article 257 of the Maritime Law provides the right to claim compensation from the carrier for carriage of goods by sea. The limitation period is one year, calculated from the date when the carrier delivers or should deliver the goods; During the limitation period or after the expiration of the limitation period, if the person found to be responsible files a claim for compensation against a third party, the limitation period is ninety days, starting from the date when the claimant resolves the original claim for compensation or receives the acceptance of the request. shall be calculated from the date of a copy of the complaint in the court in which the action was filed.
③Article 260 of the "Maritime Law" Regarding the right to claim under a maritime towage contract, the statute of limitations is one year, calculated from the date when the party knows or should know that the right has been infringed.
④Article 263 of the "Maritime Law" Regarding the right to claim for the contribution of the general average, the statute of limitations is one year, calculated from the date of the completion of the adjustment.
⑤ Article 61, Paragraph 3 of the "Auction Law" If the auction object is defective and has not been declared, the statute of limitations for claiming compensation is one year, calculated from the date the party knew or should have known that the rights were damaged. .
2. [2 years]
① Article 135 of the General Principles of Civil Law The statute of limitations for filing a request to the People’s Court for protection of civil rights is two years, unless otherwise provided by law.
②Article 6 of "Contract Law Interpretation (1)" The fact that the rights of the parties to a technical contract dispute have been infringed occurred before the implementation of the Contract Law, from the date the parties knew or should have known that their rights were infringed. If the date of implementation of the Contract Law exceeds one year, the people's court will not grant protection; if it has not exceeded one year, the statute of limitations for filing a lawsuit is two years.
③Article 62 of the Patent Law: The statute of limitations for infringement of patent rights is two years, starting from the date when the patentee or interested party learns or should have learned of the infringement.
If appropriate royalties are not paid for using the invention between the publication of the invention patent application and the grant of the patent right, the statute of limitations for the patentee to demand payment of royalties is two years. The calculation shall be calculated from the date when the patentee knows that others are using the invention. However, if the patentee has known or should have known about it before the date of grant of patent right, the calculation shall be from the date of grant of patent right.
④Article 18 of the "Explanation of Trademark Cases" The statute of limitations for infringement of the exclusive right to use a registered trademark is two years, starting from the date when the trademark registrant or interested owner knows or should know about the infringement. If the trademark registrant or interested party files a lawsuit more than two years ago, if the infringement is still continuing at the time of the lawsuit, within the validity period of the exclusive right to use the registered trademark, the people's court shall order the defendant to stop the infringement, and the amount of infringement damages shall be determined from the right holder. The calculation shall be calculated forward two years from the date of filing the lawsuit in the People's Court.
⑤Article 28 of the "Interpretation of Copyright Disputes" The statute of limitations for copyright infringement is two years, starting from the date when the copyright owner knew or should have known about the infringement. If the right holder files a lawsuit more than two years ago, if the infringement is still continuing at the time of the lawsuit, the People's Court shall order the defendant to stop the infringement during the copyright protection period; the amount of infringement damages shall be calculated from the date the right holder files a lawsuit with the People's Court. The calculation is based on two years.
⑥ According to Article 32, Paragraph 1, of the "State Compensation Law", the statute of limitations for a claimant to request state compensation is two years, starting from the date when the behavior of state agencies and their staff when exercising their powers is confirmed to be illegal in accordance with the law. The period of detention is not included in the calculation.
⑦ Article 257, Paragraph 2, of the Maritime Law Regarding the right of claim under a voyage charter party, the statute of limitations is two years, starting from the date when the party knew or should have known that the right had been infringed.
⑧Article 258 of the "Maritime Law" The right to claim compensation from the carrier for maritime passenger transportation is limited to two years, calculated in accordance with the following provisions:
(1) The right to claim for personal injury of a passenger shall be calculated from the date when the passenger disembarks or should disembark; (2) The right to claim regarding the death of a passenger, if it occurs during transportation, shall be calculated from the date when the passenger should disembark. Calculated from the date of death; if the passenger dies after disembarking due to injury during transportation, the period shall be calculated from the date of death of the passenger, but this period shall not exceed three years from the date of disembarkation;
(Three ) The right to claim for lost or damaged baggage shall be calculated from the date when the passenger disembarks or should disembark.
⑨Article 259 of the "Maritime Law" Regarding the right to claim in a ship charter contract, the statute of limitations is two years, starting from the date when the party knows or should know that the right has been infringed.
⑩Article 261 of the "Maritime Law" regarding the right to claim for ship collision, the limitation period is two years, calculated from the date of the collision; the third paragraph of Article 169 of this Law stipulates The limitation period for the right to claim compensation is one year, calculated from the date when the parties jointly and severally pay the damages.
○11 Article 262 of the "Maritime Law" Regarding the right to claim for maritime rescue, the statute of limitations is two years, calculated from the date of termination of the rescue operation.
○12 Article 264 of the "Maritime Law" The right to claim insurance compensation from the insurer under the marine insurance contract shall be limited to two years, calculated from the date of the occurrence of the insured accident.
○13 Article 45 of the "Product Quality Law" The statute of limitations for claiming compensation for damage caused by product defects is two years, starting from the time when the party knows or should know that its rights and interests have been damaged.
The right to claim compensation for damage caused by a defective product will be lost ten years after the defective product causing the damage was delivered to the consumer; however, this is excepted if the express safe use period has not expired.
3. [3 years]
① Article 265 of the Maritime Law regarding the right to claim oil pollution damage to a ship, the statute of limitations is three years, calculated from the date of the damage. ; However, the limitation period shall in no case exceed six years from the date of the accident causing the damage.
②Article 42 of the "Environmental Protection Law" The statute of limitations for filing a lawsuit for compensation for environmental pollution damage is three years, calculated from the time the party knew or should have known that the pollution damage had been suffered.
4. [4 years]
Article 7 of the "Contract Law Interpretation (1)" The fact that the rights of the parties to a technology import and export contract dispute have been infringed occurred before the implementation of the Contract Law. If it exceeds two years from the date when the parties know or should know that their rights have been infringed to the date when the Contract Law comes into force, the people's court will not grant protection; if it has not exceeded two years, the statute of limitations for filing 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 the specific administrative act made by the administrative agency, the time limit for filing a lawsuit shall be from The calculation shall be calculated from the date when the content of the specific administrative act is known or should be known. The people's court will not accept a lawsuit if a specific administrative act involving real estate has been filed more than twenty years from the date of its issuance, or if any other specific administrative act has been filed more than five years from the date of its enactment.
6.[20 years]
①Article 137 of the General Principles of Civil Law The statute of limitations period is calculated from the time when the person knows or should know that the right has been infringed. However, if more than 20 years have passed since the date of infringement of rights, the People's Court will not grant protection. Under special circumstances, the people's court may extend the statute of limitations.
② The "twenty-year" statute of limitations stipulated in Article 137 of the General Principles of Civil Law in Article 175, Paragraph 2, of the "Mintong Opinions" may be subject to the relevant extension provisions of the General Principles of Civil Law. It is not applicable. Provisions for suspension and interruption.
③Article 42 of the "Interpretation of Litigation" If a citizen, legal person or other organization does not know the content of the specific administrative act made by the administrative agency, the time limit for filing a lawsuit shall be from the date when the content of the specific administrative act is known or should be known. calculate. The people's court will not accept a lawsuit if a specific administrative act involving real estate has been filed more than twenty years from the date of its issuance, or if any other specific administrative act has been filed more than five years from the date of its enactment.
In addition, there is another concept called "exclusion period". The previous statute of limitations refers to litigation rights. This concept mainly refers to substantive rights, that is, certain rights stipulated by the law for you. The existence of substantive rights has a fixed period, such as:
Article 73 of the "Mintong Opinions": For civil acts that can be changed or rescinded, the parties must request changes or revocations more than one year from the time the act was established. , the people's court will not protect it.
Article 55 of the "Contract Law": "The right to cancel shall be extinguished under any of the following circumstances: (1) The party with the right to cancel does not exercise the right to cancel within one year from the date when he knew or should have known the reason for the cancellation. ; (2) The party with the right to rescind expressly expresses it or waives the right to rescind by his own behavior after knowing the cause of revocation. "
Article 25 of the "Succession Law": "The legatee shall give up the right to rescind the legacy within 2 days after knowing the reason for the revocation. Within three months, a person expresses his acceptance or renunciation of the bequest. If no expression is made within the expiration date, the person shall be deemed to have given up the bequest. ”
Article 11 of the “Marriage Law” stipulates: “A person who marries under duress or is under duress. One party may request the marriage registration authority or the people's court to annul the marriage. The party who has been coerced shall file a request to annul the marriage within one year from the date of marriage registration. 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: "In case of damage to goods, packages and luggage during transportation. In case of loss or overdue claim for compensation from the railway transport enterprise, the limitation period shall be 180 days from the day after delivery by the railway transport enterprise; if the goods, packages and luggage are all lost, the limitation period shall be from the expiration of the time limit. The calculation will start from the day after the 30th day. However, if the loss is confirmed during this period or during the delivery period, the calculation will start from the day after the railway transportation enterprise submits the freight record."
(2) Criminal Law
1. Regarding the statute of limitations for prosecution, the Criminal Law stipulates that the crime will not be prosecuted after the following period: ① If the statutory maximum penalty is less than 5 years of fixed-term imprisonment, after 5 years; ② If the statutory maximum penalty is fixed-term imprisonment of more than 5 years but less than 10 years, 10 years have passed; ③ If the statutory maximum penalty is fixed-term imprisonment of more than 10 years, 15 years have passed; ④ If the statutory maximum penalty is life imprisonment or death penalty, 10 years have passed 20 years. If it is deemed necessary to pursue prosecution after 20 years, it must be reported to the Supreme People's Procuratorate for approval. China's criminal law also stipulates that those who evade investigation or trial after judicial organs take compulsory measures are not subject to the limitation of the prosecution period.
(3) Administrative Law
The "Administrative Penalty Law" stipulates that if an illegal act is not discovered within two years, no administrative penalty will be imposed. Except as otherwise provided by law. The important thing to note here is the content behind the proviso: "Except as otherwise provided by law."
The "Public Security Management Punishment Law" has a statute of limitations of 6 months for pursuing illegal acts.
Article 51 of the "Tax Collection and Administration Law" stipulates that if a taxpayer pays more than the tax payable, the tax authority shall immediately refund it upon discovery; the taxpayer shall within 3 years from the date of settlement and payment of taxes. , you can request the tax authorities to refund the overpaid taxes plus bank deposit interest for the same period. The tax authorities shall promptly refund the tax after timely verification; if it involves withdrawal from the treasury, the refund shall be made in accordance with the provisions of laws and administrative regulations on treasury management.
Article 52 of the "Tax Collection and Administration Law": "If a taxpayer or withholding agent fails to pay or underpays taxes due to the responsibility of the tax authorities, the tax authorities may require the taxpayer within three years , The withholding agent shall pay back the tax, but no late payment fees shall be charged.
If the tax is not paid or underpaid due to errors such as calculation errors by the taxpayer or the withholding agent, the tax authorities shall within 3 years. Taxes and late payment fees can be recovered; under special circumstances, the recovery period can be extended to 5 years.
For tax evasion, tax resistance, or tax fraud, the tax authorities will recover unpaid or underpaid taxes. Payments, late payment fees or defrauded taxes are not subject to the time limit specified in the preceding paragraph. ”
2. Procedural Law:
(1) Limitation of Civil Procedure Law
Three days:
1. The people's court shall make a decision orally or in writing within three days of the application for recusal made by a party. If the applicant is dissatisfied with the decision, he or she may apply for reconsideration once upon receipt of the decision. During the review period, the person who has been applied for avoidance will not stop participating in the work of the case. The people's court shall make a reconsideration decision within three days on an application for reconsideration and notify the applicant for reconsideration.
2. When the people's court hears a civil case, it shall notify the parties and other litigation participants three days before the hearing. If the trial is held in public, the names of the parties, the cause of the case, and the time and place of the hearing shall be announced.
3. When the people's court decides to accept the application, it shall also notify the payer to stop payment and issue an announcement within three days to urge interested parties to declare their rights.
The period for public notice and reminder shall be determined by the people's court according to the circumstances, but shall not be less than sixty days.
4. After the members of the collegial panel are determined, the parties shall be notified within three days.
Five days:
1. The People's Court shall send a copy of the complaint to the defendant within five days from the date of filing the case, and the defendant shall file a reply within fifteen days from the date of receipt.
2． If the defendant files a statement of defense, the People's Court shall send a copy of the statement of defense to the plaintiff within five days from the date of receipt. If the defendant fails to submit a statement of defense, it will not affect the trial of the People's Court.
3. Court transcripts should be read out in court, and the parties and other litigation participants may also be notified to read them in court or within five days
4. If a party appeals directly to the People's Court of second instance, the People's Court of second instance shall transfer the appeal petition to the People's Court of original instance within five days.
5. After receiving the appeal petition, the people's court that originally tried the case shall serve a copy of the appeal petition to the other party within five days, and the other party shall file a reply within 15 days from the date of receipt. The People's Court shall serve a copy to the appellant within five days from the date of receipt of the statement of defense. If the other party fails to submit a statement of defense, it will not affect the hearing of the People's Court.
6. After receiving the appeal and defense, the People's Court of the original instance shall submit them to the People's Court of the second instance together with all the case files and evidence within five days.
7. Citizens who are dissatisfied with the election committee's decision on voter qualification complaints may file a lawsuit with the grassroots people's court where the electoral district is located five days before the election day.
8． Supervision procedure: After a creditor files an application, the People's Court shall notify the creditor within five days whether to accept the application.
Seven days:
If the people's court receives a complaint or oral complaint and upon review finds that it meets the conditions for prosecution, it shall file the case within seven days and notify the parties; if it deems that it does not meet the conditions for prosecution, If the case is subject to certain conditions, it shall be ruled not to accept the case within seven days; if the plaintiff is dissatisfied with the ruling, he may appeal.
Tenth day:
1. If the party delays the time limit due to force majeure or other legitimate reasons, he may apply for an extension of the time limit within ten days after the obstacle is removed. Whether to grant or not shall be decided by the People's Court.
2． The people's courts shall publicly pronounce judgments on cases that are heard in public or not in public.
If the judgment is pronounced in court, the judgment shall be sent within ten days; if the judgment is pronounced on a regular basis, the judgment shall be sent immediately after the judgment is pronounced.
3. If the party concerned is dissatisfied with the first-instance ruling of the local people's court, he or she has the right to appeal to the higher-level people's court within ten days from the date of delivery of the ruling.
4. After the people's court decides to declare bankruptcy and debt repayment procedures, it shall notify the debtor and known creditors within ten days and issue an announcement.
The 15th:
1. If the applicant does not file a lawsuit within fifteen days after the people's court takes preservation measures, the people's court shall terminate the property preservation.
2． The period of detention shall be no more than fifteen days
3. The People's Court shall send a copy of the complaint to the defendant within five days from the date of filing the case, and the defendant shall file a reply within fifteen days from the date of receipt.
4. If the party concerned is dissatisfied with the first-instance judgment of the local people's court, he or she has the right to appeal to the higher-level people's court within fifteen days from the date of delivery of the judgment.
5. After receiving the appeal petition, the people's court that originally tried the case shall serve a copy of the appeal petition to the other party within five days, and the other party shall file a reply within 15 days from the date of receipt.
6. After the people's court accepts the application, after reviewing the facts and evidence provided by the creditor, if the creditor-debt relationship is clear and legal, it shall issue a payment order to the debtor within fifteen days from the date of acceptance; if the application is not established, it shall rule to reject it.
The debtor shall repay the debt within fifteen days from the date of receipt of the payment order, or submit a written objection to the People's Court.
If the debtor neither raises any objection nor performs the payment order within the period specified in the preceding paragraph, the creditor may apply to the People's Court for execution.
7. If the person subject to execution or the property subject to execution is in another place, the local people's court may be entrusted with the execution. After the entrusted people's court receives the entrustment letter, it must start execution within fifteen days and may not refuse. After the execution is completed, the execution results shall be reported to the entrusting People's Court in a timely manner; if the execution has not been completed within thirty days, the execution status shall also be notified to the entrusting People's Court by letter.
If the entrusted people's court fails to implement within fifteen days from the date of receipt of the entrustment letter, the entrusting people's court may request the superior people's court of the entrusted people's court to order the entrusted people's court to implement.
Thirty days:
1. After receiving the letter of entrustment, the entrusted people's court shall complete the investigation within thirty days. If it cannot be completed for any reason, a letter must be sent to the entrusting people's court within the above time limit.
2． When the People's Court hears an appeal against a ruling, it shall make a final ruling within thirty days from the date of the second instance.
3. Cases tried by the People's Court using special procedures shall be concluded within 30 days from the date of filing the case or within 30 days from the expiration of the announcement period. If there are special circumstances that require an extension, it shall be approved by the president of the hospital. Exceptions are made for cases involving voter qualifications.
4. Creditors shall declare their claims to the people's court within thirty days after receiving the notice, and creditors who have not received the notice shall declare their claims to the people's court within three months from the date of announcement. Failure to declare creditor's rights within the time limit shall be deemed to have given up the creditor's rights
5. If the person subject to execution or the property subject to execution is in another place, the local people's court may be entrusted with the execution. After the entrusted people's court receives the entrustment letter, it must start execution within fifteen days and may not refuse. After the execution is completed, the execution results shall be reported to the entrusting People's Court in a timely manner; if the execution has not been completed within thirty days, the execution status shall also be notified to the entrusting People's Court by letter.
6. If the defendant has no residence within the territory of the People's Republic of China, the People's Court shall serve a copy of the complaint to the defendant and notify the defendant to file a defense within thirty days after receiving the copy of the complaint. If the defendant applies for an extension, the people's court will decide whether to grant it.
7. If a party who has no domicile within the territory of the People's Republic of China is dissatisfied with the judgment or ruling of the People's Court of First Instance, he or she has the right to appeal within thirty days from the date of delivery of the judgment or ruling. The respondent shall file a reply within thirty days after receiving a copy of the appeal. If a party cannot file an appeal or submit a statement of defense within the statutory period and applies for an extension, the people's court will decide whether to grant it.
8. After the foreign-related civil court rules to allow pre-litigation foreign-related property preservation, the applicant shall file a lawsuit within thirty days. If a lawsuit is not filed 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 if delivery cannot be made by other means stipulated in this section, service shall be made by public announcement. It shall be deemed to have been served sixty days from the date of issuance of the announcement.
2． When the people's court decides to accept an application, it shall also notify the payer to stop payment and issue an announcement within three days to urge interested parties to declare their rights.
The period for public notice and reminder shall be determined by the people's court according to the circumstances, but shall not be less than sixty days.
Three months:
1. When the People's Court applies simplified procedures to hear cases, it shall be concluded within three months from the date of filing the case.
2． When a people's court hears an appeal case against a judgment, it shall conclude the case within three months from the date of filing of the second instance case. If there are special circumstances that require an extension, it shall be approved by the president of the hospital.
3. After the People's Court accepts a case of declaration of disappearance or death, it shall issue an announcement to search for the missing person. The public notice period for a missing person is three months, and the public notice period for a dead person is one year. If the citizen's whereabouts are unknown due to an accident and the relevant agency proves that the citizen is unlikely to survive, the period of announcement of death shall be three months.
4. Creditors shall declare their claims to the people's court within thirty days after receiving the notice, and creditors who have not received the notice shall declare their claims to the people's court within three months from the date of announcement. Failure to declare creditor's rights within the time limit shall be deemed to have given up the creditor's rights.
Six months:
1. Divorce cases where divorce is not allowed and cases where reconciliation is achieved through mediation, cases where adoption relationships are maintained through mediation, there are no new circumstances or new reasons, and the plaintiff is Any lawsuit filed within six months will not be accepted.
2. Cases tried by the People's Court using ordinary procedures shall be concluded within six months from the date of filing the case. If there are special circumstances that require an extension, it can be extended for six months with the approval of the president of the court; if an extension is still needed, it must be submitted to the superior people's court for approval.
3 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.
4. The people's court may use the following methods to serve litigation documents to parties who do not have domicile within the territory of the People's Republic of China:
If the law of the country where the recipient is located allows service by mail, mailing may be used Delivery: If six months have passed since the date of mailing, and the delivery receipt has not been returned, but various circumstances are sufficient to determine that it has been delivered, it will be deemed to have been delivered on the expiration date of the period; if it cannot be delivered by the above method, an announcement will be made. Delivery shall be deemed to have occurred six months after the date of announcement.
One year:
1. The announcement period for announcing death is one year.
2. After accepting the application, the People's Court shall issue a property claim announcement after review and verification. If no one claims the property after one year of announcement, the property will be judged to be ownerless and will be returned to the state or collective ownership.
3. In ordinary *** litigation: If an interested party is unable to declare to the people's court before the judgment due to legitimate reasons, he or she may, within one year from the date of the announcement of the judgment when he knew or should have known about it, may file a lawsuit with the people's court that made the judgment. Prosecution in the People's Court.
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.
Two years
1. The parties concerned shall apply for retrial within 2 years after the judgment or ruling becomes legally effective. The parties concerned may not apply for a retrial of the judgment on the dissolution of marriage that has taken legal effect.
2. If a citizen has been missing for two years and an interested party applies to declare him or her missing, the application shall be submitted to the basic people's court of the place where the missing person resides.
If a citizen has been missing for four years, or has been missing for two years due to an accident, or has been missing due to an accident, and the relevant agency proves that the citizen is unlikely to survive, and an interested party applies to declare his death, Submit it to the grassroots people's court where the missing person resides.
Arbitration Law
Five days
If the arbitration committee deems that the application for arbitration meets the conditions for acceptance within five days from the date of receipt of the application, it shall accept the application and notify the parties. ; If it considers that the conditions for acceptance are not met, it shall notify the party concerned in writing that it will not accept the application and explain the reasons.
Thirty days
The arbitral tribunal shall make corrections to any wording or calculation errors in the award or matters that the arbitral tribunal has already ruled but are omitted from the award; You may request the arbitral tribunal to make corrections within thirty days from the date of the written submission.
Six months
If the party concerned applies to revoke the award, it shall submit the application within six months from the date of receipt of the award
(2) Criminal Procedure Law :
Twelve hours
1. For criminal suspects who do not need to be arrested or detained, they can be summoned to a designated place in the city or county where the criminal suspect is located or to his residence. For interrogation, certification documents from the People's Procuratorate or the public security organ must be produced. The maximum duration of a summons or summons shall not exceed twelve hours. Criminal suspects shall not be detained in the form of continuous summons or custodial summons
2. Judges shall complete the interrogation of the person who has been summoned within 12 hours after the custodial summons. Detainee summons
Twenty-four hours
1. When the public security organ detains a person, it must produce a detention certificate. After detention, unless there are circumstances that hinder the investigation or make it impossible to notify, the reason for the detention and the place of detention shall be notified to the detained person's family or his unit within 24 hours.
2. The public security organs shall interrogate the detained person within 24 hours after detention. When it is found that a person should not be detained, he must be released immediately and issued a release certificate. For those who need to be arrested but the evidence is not sufficient, they can be released on bail pending trial or placed under residential surveillance.
3. When the public security organs arrest a person, they must produce an arrest warrant. After an arrest, unless there are circumstances that hinder the investigation or cannot be notified, the reason for the arrest and the place of detention shall be notified to the arrested person’s family or his unit within 24 hours
4. People's courts and people's procuratorates must interrogate persons they decide to arrest, and public security organs must interrogate persons arrested with the approval of the people's procuratorate within two to fourteen hours of arrest. When it is found that the person should not be arrested, he must be released immediately and issued a release certificate.
5. The People’s Procuratorate shall interrogate persons detained in cases directly accepted by the People’s Procuratorate within 24 hours after detention. When it is found that a person should not be detained, he must be released immediately and issued a release certificate. For those who need to be arrested but the evidence is not sufficient, they can be released on bail pending trial or placed under residential surveillance.
6. After the People’s Court makes an arrest decision, it shall send the arrest decision letter to the public security organ for execution. After arresting a defendant, the people's court shall notify the arrested person's family or his unit within 24 hours of the reason for the arrest and the place of detention; if it is indeed impossible to notify, the reasons shall be recorded in the file.
7. For a defendant decided to be arrested by the People's Court, the judges must interrogate the defendant within 24 hours after the arrest. If it is found that someone should not be arrested, the compulsory measures should be changed or released immediately after approval by the dean. If released immediately, a release certificate shall be issued.
Forty-eight hours
During the investigation stage, in cases involving state secrets, lawyers’ interviews with criminal suspects in custody must be approved by the investigative agency (including the Ministry of Public Security and the Procuratorate). For cases that do not involve state secrets, lawyers do not need permission to meet with criminal suspects. Cases involving state secrets cannot be disapproved on the grounds that the investigation process needs to be kept confidential. If a lawyer proposes to meet with a criminal suspect, the meeting shall be arranged within 48 hours. For major and complex crimes such as organizing, leading, and participating in underworld organizations, organizing, leading, and participating in terrorist organizations, or smuggling crimes, drug crimes, corruption and bribery crimes, etc. In a case involving two or more persons committing the same crime, if the lawyer proposes to meet with the criminal suspect, the meeting shall be arranged within five days.
Three days
1. The People’s Procuratorate shall, within three days from the date of receipt of the case materials transferred for review and prosecution, inform the criminal suspect of the right to entrust a defender. The people's court shall, within three days from the date of accepting a private prosecution case, inform the defendant of the right to entrust a defender.
2. The People’s Procuratorate shall, within three days from the date of receipt of the case materials transferred for review and prosecution, notify the victim and his legal representative or his close relatives, parties to the incidental civil litigation and his legal representative. The right to appoint a litigation agent. Within three days from the date of accepting a private prosecution case, the people's court shall inform the private prosecutor and his legal representative, as well as the parties to the incidental civil litigation and their legal representatives that they have the right to entrust an agent ad litem.
3. If the public security organ considers that a detained person needs to be arrested, it shall submit it to the People's Procuratorate for review and approval within three days of detention. In special circumstances, the time for submission for review and approval may be extended by one to four days.
4. If the seized items, documents, mails, telegrams or frozen deposits and remittances are found to be irrelevant to the case, the seizure or freezing shall be lifted within three days and returned to the original owner or the original postal address. organ.
5. After the People’s Court decides to hold a trial, it shall carry out the following work: (3) Notify the People’s Procuratorate of the time and place of the trial three days before the trial; (4) Summon the parties and notify the defender and litigation agent Summons and notices shall be served to persons, witnesses, appraisers and translators at least three days before the hearing; (5) For public trial cases, the cause of the case, the name of the defendant, and the time and place of the hearing shall be announced in advance three days before the hearing. The above-mentioned activities shall be written into the transcript and signed by the adjudicator and the clerk.
6. If the defendant, private prosecutor, plaintiff or defendant in an incidental civil action appeals through the people's court of original trial, the people's court of original trial shall transfer the appeal petition together with the case file and evidence to the previous court within three days. The People's Court at the same level shall simultaneously send a copy of the appeal petition to the People's Procuratorate at the same level and the other party. If the defendant, private prosecutor, plaintiff or defendant in an incidental civil action appeals directly to the people's court of second instance, the people's court of second instance shall submit the appeal to the people's court of original instance within three days and send it to the people's procuratorate at the same level and The other party
7. Within three days after the people's court accepts a private prosecution case, it shall inform the defendant of the right to appoint a defender; at the same time, it shall inform the private prosecutor and his legal representative, and the parties to the incidental civil litigation and his legal representative. The right to appoint a litigation agent.
8. After review, the cases shall be handled separately according to different circumstances: (1) For cases that are not under the jurisdiction of this court or the defendant is not in the case, a decision should be made to return them to the People’s Procuratorate; (2) for cases that do not comply with this provision; Interpret one of the provisions of Items (2) to (9) of Article 116: If supplementary materials need to be submitted, the People’s Procuratorate shall be notified to submit supplementary materials within three days;
9. The People’s Court shall For public prosecution cases heard under ordinary procedures, the decision on whether to accept the case shall be completed within seven days. For public prosecution cases that the People's Procuratorate recommends to be heard according to simplified procedures, the decision on whether to accept the case shall be completed within three days. The time limit for the People's Court to review cases filed for public prosecution shall be included in the People's Court's trial time limit.
10. For cases decided to open for trial, the People's Court shall do the following: (5) Notify the People's Procuratorate of the time and place of the trial three days before the trial; (6) Summon the parties and notify the defender Summons and notices for legal representatives, witnesses, appraisers, and producers and translators of inspection and inspection transcripts shall be served at least three days before the court session; (7) Public trial cases shall be announced in advance three days before the court session. The cause of the case, the name of the defendant, the time and place of the hearing. When the people's court notifies a witness provided by the public prosecution agency or defender, if the witness refuses to appear in court to testify or the witness cannot be notified according to the witness's correspondence address, the people's court shall promptly notify the public prosecution agency or defender who applied for notification of the witness. A record of the above-mentioned work shall be made and signed by the trial personnel and the clerk.
11. After the evidence presented in court, witness statements read out, identification conclusions, inspection and inspection records, etc. are presented and read out, the originals should be handed over to the court.
If it is indeed impossible to hand over the evidence in court, the party who presented and read out the evidence should be required to hand over the evidence within three days after the adjournment of the hearing.
12. If the prosecutor reads or plays the testimony of a witness who is not present in court, if the witness has provided different information