How does the law provide for case registration
"Provisions of the Supreme People's Court on Several Issues Concerning the Registration and Filing of Cases in People's Courts" "Adopted by the 1647th meeting of the Judicial Committee of the Supreme People's Court on April 13, 2015, is hereby announced and will come into effect on May 1, 2015.
Supreme People's Court
April 15, 2015
(Adopted at the 1647th meeting of the Judicial Committee of the Supreme People's Court on April 13, 2015)
In order to protect citizens, legal persons and other organizations from exercising their right to litigate in accordance with the law, to achieve The People's Court accepts cases in accordance with the law and in a timely manner, and formulates these regulations in accordance with the Civil Procedure Law of the People's Republic of China, the Administrative Procedure Law of the People's Republic of China, the Criminal Procedure Law of the People's Republic of China and other legal provisions.
Article 1 The People’s Court shall implement a case registration system for first-instance civil prosecutions, administrative prosecutions and criminal private prosecutions that should be accepted according to law.
Article 2: The People’s Court shall treat both prosecutions and private prosecutions equally Receive the complaint, issue a written certificate and indicate the date of receipt.
For prosecutions and private prosecutions that comply with legal provisions, the People's Court shall register and file the case on the spot.
For prosecutions and private prosecutions that do not comply with legal provisions, the People's Court shall provide explanations.
Article 3 The People's Court shall provide samples of complaints to provide demonstration and guidance for parties to write complaints. Guidelines.
If the party concerned really has difficulty in writing the complaint, It can be made orally and recorded in the records by the People's Court. If it complies with legal provisions, the case will be registered.
Article 4 The civil complaint shall state the following matters:
(1) Plaintiff’s name, gender, age, nationality, occupation, work unit, residence, contact information, the name, residence of the legal person or other organization, and the name, position, and contact information of the legal representative or principal person in charge;
(2) The defendant’s name, gender, work unit, residence and other information, the name of the legal person or other organization, Information such as residence;
(3) Litigation requests and The facts and reasons based on;
(4) Evidence and sources of evidence;
(5) There are witnesses , state the name and address of the witness.
The administrative complaint is written with reference to the civil complaint.
Article 5 A criminal private prosecution shall state the following Matters:
(1) Private prosecutor or plaintiff The name, gender, age, ethnicity, education level, occupation, work unit, address, and contact information of the person and defendant;
(2) The defendant committed the crimetime, place, means, plot and harmful consequences;
(3) Specific litigation claims;
(4) The people’s court to which the petition should be sent and the time of delivery;
(5) Name, source, etc. of the evidence;
(6) If there are witnesses, the name, address, contact information, etc. of the witnesses shall be stated.
Article 6 If a party files a lawsuit or private prosecution, The following materials should be submitted:
(1) Prosecutor . If the private prosecutor is a natural person, submit a copy of the identity certificate; if the prosecutor or private prosecutor is a legal person or other organization, submit a copy of the business license or organization code certificate, and the identity certificate of the legal representative or principal responsible person; legal person or other If the organization cannot provide the organization code, it should provide a description of the cancellation of the organization;
(2) If you are entrusted with prosecuting or filing a complaint on your behalf, you must submit a power of attorney, identity certificate of the agent, identity certificate of the complainant and other relevant materials;
(3) Name, address and other information that is specific and clear enough to distinguish the defendant or defendant from others;
(4) The original complaint and a copy consistent with the number of defendants or defendants and other parties;
(5) Evidence or supporting materials related to the claim.
Article 7 The complaint and materials submitted by the parties shall not If the requirements are met, the people's court shall notify in writing at one time that corrections must be made within the specified period.
If the parties make supplements and corrections within the specified period, the period for the people's court to decide whether to file the case shall be calculated from the date of receipt of supplementary materials.
If the party fails to make corrections within the specified period, the complaint will be returned and recorded; if the complaint is insisted on prosecution or private prosecution, it will be ruled or decided not to accept the complaint. , the case will not be filed.
It still does not meet the requirements after correction If requested, the ruling or decision shall be made not to accept the case and not to file the case.
Article 8: If the people's court cannot determine on the spot whether a lawsuit or private prosecution filed by a party complies with legal provisions, it shall make the following handling:
(1) For civil or administrative prosecutions, the complaint shall be filed after receipt of the complaint. A decision will be made within seven days from the date on whether to file the case;
(二) For criminal private prosecutions, a decision should be made within fifteen days from the day after receipt of the private complaint whether to file a case;
(3) For a third party to withdraw a lawsuit, a decision should be made within thirty days from the date of receipt of the complaint whether to file the case;
(4) Any action against execution shall be decided within fifteen days from the date of receipt of the complaint Whether to file a case.
The people's court cannot decide whether to prosecute or prosecute within the statutory period. To determine whether a private prosecution complies with legal provisions, the case should be filed first.
Article 9 The People’s Court shall not If the case is accepted or not filed, a written ruling or decision shall be issued and the reasons shall be stated.
Article 10 The People’s Court shall prosecute or privately prosecute the following Failure to register and file a case:
(1) Prosecution for illegal actions or does not comply with legal requirements;
(2) Involving endangering national sovereignty and Territorial integrity;
(3) Endangering national security ;
(4) Undermining the unity of the country and the nation United;
(5) Undermining the national religious policy ;
(6) The matter complained of does not belong to The People's Court is in charge.
Article 11 After registration and filing, the parties concerned have not If the litigation fees are paid within the statutory time limit, the lawsuit will be dismissed, unless the conditions for deferment, reduction or exemption of the payment of litigation fees are met by the law.
Article 12 After the case is registered, the People’s Court The filing court shall promptly transfer the case to the trial court for trial.
Article 13. Failure to accept the complaint, failure to issue a written certificate after receiving the complaint, failure to notify the parties at one time to supplement and correct the contents of the complaint, failure to file the case, delaying the filing of the case, interfering with the filing of the case, neither filing the case nor making a rulingIn case of violation of laws and disciplines such as regulations or decisions, the parties concerned may lodge a complaint with the People's Court receiving the complaint or the People's Court at a higher level.
The people's court shall make a decision within 10 days from the date of accepting the complaint. Within five days, the facts will be ascertained and the situation will be reported back to the parties concerned. If any violation of laws and disciplines is discovered, the relevant personnel will be held accountable in accordance with the law and disciplines; if a crime is constituted, criminal responsibility will be held in accordance with the law.
Article 14 In order to facilitate the parties to exercise their rights of action, The People's Court provides litigation services such as online filing, appointment filing, and circuit filing.
Article 15 People’s Courts Promote Diversified Disputes The establishment of a resolution mechanism respects the parties' choice to safeguard their rights and interests and resolve disputes through various methods such as people's mediation, administrative mediation, industry mediation, and arbitration.
Article 16 The People's Court shall maintain registration and filing of cases in accordance with the law order and promote the construction of litigation integrity. Those who interfere with the order of filing cases or make false claims will be fined and detained in accordance with the relevant provisions of the Civil Procedure Law and Administrative Procedure Law; if a crime is constituted, criminal liability will be pursued in accordance with the law.
Article 17 "Prosecution" in this provision , refers to the parties filing civil and administrative lawsuits; "private prosecution" refers to the parties filing criminal private prosecutions.
Article 18 Enforcement and State Compensation Application Registration and filing work shall be carried out in accordance with these regulations.
This provision does not apply to the filing of appeals, applications for retrial, criminal complaints, enforcement reconsideration and state compensation complaints.
Article 19 The registration and filing of cases in the People's Court shall be carried out in accordance with these regulations.
Article 20 These regulations will come into effect on May 1, 2015. Previous regulations on filing a case If there is any inconsistency with these regulations, these regulations shall apply.
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