Granting to accept is a code of civil law administer the serious content of the problem, accepting limits and the limits that do not grant to accept to resemble is the two sides of coin, made civil suit administer whole system. This fair number is rolled out especially today do not grant to accept case detailed account, the understanding with stereoer to can having administer expectation, so that everybody is read,mix retrieve.
The civil case that the court does not grant to accept liquidates detailed account
Introductive
Granting to accept is code of civil law of people court basis after setting those who examine accuser to sue, think to not agree with accept a condition surely legally, from the program written ruling does not grant the judicatory deed that put on record accepts. The court does not grant to accept have a lot of kinds of reasons, because give priority to body qualification,for instance ambiguous, court does not have unwell case, the accused jurisdictional etc. Do not grant to accept a case to mean civil those who appeal to authority cannot come true, but not absolutely, also the court after some cases are accomplished because of the condition such as defective and certain condition still can be accepted. Granting to accept is a code of civil law administer the serious content of the problem, accepting limits and the limits that do not grant to accept to resemble is the two sides of coin, made civil suit administer whole system. In civil suit, about administer content basically is centrally in code of civil law and its judicatory explanation, but a lot of content also come loose see in other law and judicatory explanation or file of other and normative sex.
The logistic system of this detailed list is the civil case that will not hear undertake inducing from face of tripartite of basis of case type, particular case, law, detailed list basically is divided into two parts, the first part trims the relevant provision that accepts about granting in code of civil law and its judicatory explanation, the case type that does not grant to accept basically includes principal part ambiguous, this academy does not have unwell case, the accused jurisdictional wait for content, mention expressly particular case, attach is relevant legal basis; The 2nd part arranges the does not grant to hear a case type in the file of normative sex law such as other law and judicatory explanation, particular case and legal basis, case type basically includes to arbitrate the agreement eliminates judicatory administer, financial case, labor is arbitral case, trade issue case, tort case wait and attach is specific case and relevant law basis.
This fair number was arranged before about administer detailed list, roll out this especially do not grant to accept case detailed account, the understanding with stereoer to can having administer expectation, because do not grant,accepted case did not center a regulation to be in code of civil law and its judicatory explanation, law and judicatory explanation or an immense number of books of legal precedent amount, although the article endeavors collect material, still unavoidable omit somewhat, hope reader Zhu Jun criticizes point out mistakes so that they can be corrected, also welcome everybody to do more meticulous and comprehensive arrange.
The code of civil law reachs the provision that judicatory of code of civil law explains
The type that does not grant to accept
1
Main body is unwell case
Particular case: Accuser main body is unwell case
Legal basis
" code of civil law of People's Republic of China " the 119th: "Sue must accord with following condition: (one) accuser is the citizen that has direct interests with this case, legal person and other organization; (one) accuser is the citizen that has direct interests with this case, legal person and other organization;;
2
The accused is ambiguous
Particular case: Clear the accused cannot decide when accuser is sued
Legal basis
" top people court about applicable < code of civil law of People's Republic of China > explain " the 209th: "The full name that accuser provides defendant or the message such as name, abode is specific and clear, enough makes the accused and other photograph area other, can maintain the accused that makes clear to have. Indictment row writes the accused information to be able to 't maintain clear the accused, people court can inform accuser to make good omissions. Clear the accused still cannot decide after accuser makes good omissions, people court ruling does not grant to accept. People court ruling does not grant to accept..
3
This academy is not had jurisdictional
Because this kind of type is overmuch, cannot list one by one, listed only a few kinds of commonner case:
Particular case 1: This academy does not have jurisdictional case, tell prosecutor to after jurisdictional court is sued, accuser insists to sue
Legal basis
" code of civil law of People's Republic of China " the 119th: "Sue must accord with following condition: ... (4) the limits that belongs to people court to hear civil suit and suffer courtyard of civil code telling a person administer. " the 124th (4) : "(4) to belonging to this academy administer case, tell prosecutor to jurisdictional people court is sued; Tell prosecutor to jurisdictional people court is sued;;
" top people court about applicable < code of civil law of People's Republic of China > explain " the 211st: "Do not have jurisdictional case to this academy, tell prosecutor to jurisdictional people court is sued; Accuser insists to sue, the ruling does not grant to accept; Discover this academy is done not have after put on record jurisdictional, ought to move the case send have jurisdictional people court. Ought to move the case send have jurisdictional people court..
Particular case 2: The contract agreed administer of the court, other court does not grant to accept, the agreement is invalid except.
Legal basis
" code of civil law of People's Republic of China " thirtieth 4: "The contract is other perhaps ground of abode of the accused of choice of OK and written agreement, contract fulfills the party of dispute of property rights and interests the people standard of the content seat that the ground, contract signs the ground, accuser abode ground, mark place that has actual connection with controversy, but must not disobey this law to be mixed administer to level exclusive administer regulation. But must not disobey this law to be mixed administer to level exclusive administer regulation..
Particular case 3: Exclusive administer, other court does not grant to accept.
Legal basis
" code of civil law of People's Republic of China " thirtieth 3: "Following case, by the people court of a regulation is exclusive administer: (one) the lawsuit that mentions because of praedial dispute, by court of praedial seat people administer; (2) the lawsuit that mentions because of issue producing in haven exercise, by court of haven seat people administer; (3) the lawsuit that mentions because of successive bequest dispute, by ground of the abode when be being died by heir court of people of seat of main perhaps legacy administer. By ground of the abode when be being died by heir court of people of seat of main perhaps legacy administer..
" top people court about applicable < code of civil law of People's Republic of China > explain " the 28th: "Thirtieth of code of civil law 3 praedial dispute of the first regulation are to because praedial right affirms,point to, break up, the photograph adjacent relation matter right issue that pose. Rural land contracts dispute of contract of business of building of sex of dispute of dispute of management contract dispute, the building contract that rent, contract of construction project construction, policy, decide according to praedial dispute administer. Decide according to praedial dispute administer..
Particular case 4: Should by accuser abode ground administer case, other court does not grant to accept.
Legal basis
" code of civil law of People's Republic of China " the 22nd: "Following and civil suit, by court of people of accuser abode ground administer; Accuser abode ground and often occupy a dwelling place abhorrent, often reside court of dwelling place people by accuser administer:
(one) the concerns about the identity lawsuit that to be absent the person that lives inside domain of People's Republic of China mentions;
(2) the concerns about the identity lawsuit that the person that is missing to miss or proclaiming mentions;
(3) mandatory to be being adopted the lawsuit that the person that teachs measure mentions;
(4) the lawsuit that mentions to the person that is imprisoned. (4) the lawsuit that mentions to the person that is imprisoned..
Particular case 5: Special court administer case, other court does not grant to accept.
Legal basis
" the provision that top people court accepts case limits about admiralty courtyard " " top people court about case of Shanghai finance court administer set " etc.
4
Do not belong to civil suit to get case range
Particular case: The regulation of procedural law of according to administration, belong to administrative lawsuit to get case range.
Legal basis
" code of civil law " the 124th: "People court is right following sue, part case, give processing: (one) the regulation of procedural law of according to administration, belong to administrative lawsuit to get case range, inform accuser to mention lawsuit of politics of start on a journey; " note: Basis " supreme court < about applicable administration procedural law > the explanation of a certain number of problems " (apply since May 1, 2015) eleventh regulation, following agreement of 2 kinds of administration belongs to administrative lawsuit to get case range, people court should not serve as civil case to accept again: (1) the government is concessionary management agreement; (2) land, building collect commandeer to amend an agreement;
Additional, on October 22, 2015, top people court holds news to aerate meeting, issue 2015 year case of typical case of administration of 10 old economy, among them " duckweed country city inferior roc estate development limited company appeals to case of agreement of administration of bureau of natural resources of land of duckweed country city " , will before the limits that the dispute of contract of sell one's own things of state-owned land access that the court hears as civil case all the time brings into administrative lawsuit.
5
Arbitral agreement
Particular case: Party reachs arbitral agreement, court of one way people sues, but arbitral clause perhaps arbitrates the agreement does not hold water, invalid, invalidation, content is ambiguous the except that cannot carry out.
Legal basis
" code of civil law of People's Republic of China " the 124th (2) : "According to law sets, bilateral party reachs written and arbitral agreement to apply for the arbitration, must not sue to people court, inform accuser to apply for the arbitration to arbitral orgnaization. Inform accuser to apply for the arbitration to arbitral orgnaization..
" top people court about applicable < code of civil law of People's Republic of China > explain " the 215th: "The 124th binomial sets according to code of civil law, party is ordered in written contract have arbitral article, perhaps reach written and arbitral agreement after producing issue, court of one way people sues, people court ought to inform accuser to apply for the arbitration to arbitral orgnaization, its insist to sue, the ruling does not grant to accept, but arbitral clause perhaps arbitrates the agreement does not hold water, invalid, invalidation, content is ambiguous the except that cannot carry out. But arbitral clause perhaps arbitrates the agreement does not hold water, invalid, invalidation, content is ambiguous the except that cannot carry out..
6
Did not sue deadline too
Particular case: According to law sets, do not get the case that prosecute inside proper time, sue inside the deadline that must not sue, do not grant to accept.
Legal basis
" civilian tell a way " the 124th (6) : According to law sets, do not get the case that prosecute inside proper time, sue inside the deadline that must not sue, do not grant to accept;
7
Divorce case
Particular case: The court decision forbids to divorce and mediate the divorce case of become reconciled, court decision, mediation manages the case of adoptive relationship, and accuser nolles prosequi or press nolle prosequi the divorce case of processing, without new case, new ground, accuser sues again inside 6 months.
Legal basis
" code of civil law of People's Republic of China " the 124th (7) :
"The court decision forbids to divorce and mediate the divorce case of become reconciled, court decision, mediation manages the case of adoptive relationship, without new case, new ground, accuser sues again inside 6 months, do not grant to accept. Do not grant to accept..
" top people court about applicable < code of civil law of People's Republic of China > explain " the 214th the 2nd: "Accuser nolles prosequi or press nolle prosequi the divorce case of processing, without new case, new ground, sue again inside 6 months, code of civil law prepping according to the 124th the 7th regulation does not grant to accept. Code of civil law prepping according to the 124th the 7th regulation does not grant to accept..
8
Be related manages no longer
Particular case 1: Repeat sue do not grant to accept.
Legal basis
" civilian tell a way " the 124th (5) : "To court decision, ruling, mediation the book has produced the case of legal effectiveness, party sues again, inform accuser to apply for rehear, but people court allows the ruling except that nolle prosequi. But people court allows the ruling except that nolle prosequi..
" highest courtyard about applicable < code of civil law of People's Republic of China > explain " the 247th: "Party already the item of to lodge a complaint is in litigant process perhaps sue again after juridical become effective, accord with following condition at the same time, form repeat sue: (one) hind appeal to with before the party that tell is same; (2) hind appeal to with before of the litigant mark that appeal to identical; (3) hind appeal to with before the litigant plea that tell is identical, or hind juridical result appeals to before the lawsuit that appeal to requests to deny essentially. Party repeats sue, the ruling does not grant to accept; Had accepted, the ruling is rejected sue, but the except that explanation of law, judicatory has a regulation additionally. But the except that explanation of law, judicatory has a regulation additionally..
Particular case 2: First trial accuser recalls in second instance program after sueing, repeat those who sue.
Legal basis
" highest courtyard about applicable < code of civil law of People's Republic of China > explain " the 338th: "In second instance program, first trial accuser applies for to recall sue, agree via other party, and do not damage national interest, society public interest, others closes right increase, people court can allow. Allow nolle prosequi, ought to rule along with all the others judgment of cancel first instance. First trial accuser recalls in second instance program after sueing, repeat sue, people court does not grant to accept. People court does not grant to accept..
Particular case 3: First instance accuser recalls in rehear cognizance program after sueing, repeat sue.
Legal basis
" highest courtyard about applicable < code of civil law > explain " the 410th: "First instance accuser applies for to recall in rehear cognizance program sue, agree via other party, and do not damage national interest, society public interest, others closes right increase, people court can allow. The ruling allows nolle prosequi, ought to along with all the others cancel adjudicates formerly. First instance accuser recalls in rehear cognizance program after sueing, repeat sue, people court does not grant to accept. People court does not grant to accept..
9
Countercharge
Particular case: Countercharge should by courtyard of someone else civil code exclusive administer, or of nonrelevant of the reachs lawsuit to request a basis fact with the litigant mark that this appealing to, reason.
Legal basis
" top people court about applicable < code of civil law of People's Republic of China > explain " the 233rd: ? This knocks at amine Φ of male pen chloric Sou finishs pull out Yi husband'ses father pen knocking at male is chloric say Mu paragraph mother's brother of radon of 7 this smile knocks at А of of sneer of know well of of gourd ladle of Na of shovel you Dong basks in of food container of Na of shovel of Dong of impossible idle ⑺ to small piece of land surrounded by water of smile favour Xian impossibles a ! ?
10
Of cancel of the 3rd person appeal to
Particular case: Of cancel of the 3rd person appeal to those who have one of the following state.
Legal basis
" top people court about applicable < code of civil law of People's Republic of China > explain " the 297th: "Mention to following scenario of cancel of the 3rd person those who appeal to, people court does not grant to accept: (one) applicable and special program, supervise and urge program, fair show urge announce a program, go bankrupt the case that the program is not bring a case to court such as the program handles; (2) marriage invalid, cancel perhaps removes the content that identity concern involves in book of the court decision such as marital relation, ruling, mediation; (3) the code of civil law is fiftieth of 4 regulations did not attend the obligee that register to representing a person the become effective judgment of contentious case; (4) the code of civil law is fiftieth the harm of 5 regulations the victim of public interest behavior is opposite the society the become effective judgment of commonweal contentious case. The victim in commonweal lawsuit can mention illicit beneficial lawsuit, but commonweal lawsuit involves public welfare, cannot mention of cancel of the 3rd person appeal to. Cannot mention of cancel of the 3rd person appeal to..
11
Application judicatory confirms intercessory agreement
Particular case 1: Party applies for judicatory to affirm intercessory agreement has one of following state.
Legal basis
" the supreme court about applicable < code of civil law > explain " the 357th: "Party applies for judicatory to confirm intercessory agreement, have one of following state, people court ruling does not grant to accept: (one) do not belong to people court to accept limits; (2) do not belong to the people court that receives application administer; (3) application affirms the identity such as marital relation, parentage, adoptive relationship concerns to perhaps remove invalidly, effectively; (4) involve applicable and other special program, fair show urge announce a program, go bankrupt the program tries; (5) intercessory agreement content involves matter right, intellectual property to counterpoise truly. After people court accepts application, discovery has afore-mentioned do not grant to hear case, ought to rule the application that rejects party. Ought to rule the application that rejects party..
Particular case 2: Party applies for judicatory to confirm intercessory agreement, after people court affirms intercessory agreement is significant, of nonperformance of party one party, the relief means of the other side is to apply for to be carried out compulsively. Party sues afresh with respect to same issue, people court does not grant to accept. (complier notes: This case also belongs to the category that be related manages no longer actually, because involve application judicatory to confirm intercessory agreement, facilitating inquiry, reason puts herein)
Legal basis
" code of civil law of People's Republic of China " the 195th: "After people court accepts application, via examining, be good law sets, rule intercessory agreement is significant, repudiate of one party party perhaps did not fulfill entirely, the the opposing party can apply for to carry out to people court; Not be good law sets, the ruling rejects application, party can change former mediation agreement to perhaps reach new intercessory agreement through mediating means, OK also to people court to lodge a complaint. OK also to people court to lodge a complaint..
12
Carry out reconcile
Particular case: Party reconciles with carrying out the contract right obligation with consultative new generation is reason, sue to people court, the request will be carried out reconcile the agreement regards case reach a conclusion on a case as the basis.
Legal basis
" code of civil law " the 230th the 2nd: "Because application executive person suffers con, threatening reach with person be executived reconcile agreement, or party nonperformance reconciles of the agreement, people court is OK the application according to party, restore what follow the example of law copy clerk to be born formerly to carry out. Restore what follow the example of law copy clerk to be born formerly to carry out..
" the supreme court about applicable < code of civil law of People's Republic of China > explain " the 467th: "Nonperformance of one party party fulfills what the both sides in be being carried out reachs of one's own accord not completely perhaps to reconcile agreement, the the opposing party applies for to carry out copy clerk of law of primary go into effect, people court ought to restore to carry out, but reconcile to ought to be deducted what the agreement already fulfilled partly. Reconcile the agreement has been fulfilled end, people court does not grant to restore to carry out. People court does not grant to restore to carry out..
13
Arbitral adjudication does not grant to carry out
Particular case: After forensic ruling does not grant to carry out arbitral adjudication, party puts forward what perhaps reconsider to carry out demur to this ruling, the court does not grant to accept.
Legal basis
" top people court about applicable < code of civil law of People's Republic of China > explain " the 478th " code of civil law of People's Republic of China " the 237th the 2nd: "Be put forward what evidence proves to arbitrate adjudication has one of following state by the applicant, via people court compositive collegiate bench examines a nucleus solid, the ruling does not grant to carry out:
(one) party was not ordered in the contract have arbitral article or after the event did not reach written and arbitral agreement; (2) the item of adjudication does not belong to the limits of arbitral agreement to perhaps arbitrate the orgnaization has no right to arbitrate; (3) the comprise or arbitrates program of arbitral front courtyard violates legal order; (4) the evidence of adjudication place basis is forged; (5) the the opposing party concealed enough to affect the evidence of judicial ruling to arbitral orgnaization; (6) the member that arbitrate in the arbitration this case is embezzled from time to tome take bribes, practise favouritism fraud, of behavior of adjudication of pervert the law. " the 3rd: "People court is maintained carry out this adjudication to violate a society of public interest, the ruling does not grant to carry out. The ruling does not grant to carry out..
Other law and judicatory explain the provision that wait
The type that does not grant to accept
1
Arbitral agreement eliminates judicatory administer
Particular case 1: Agree the one party after the arbitration is sued to the court again.
Legal basis
" republic of People's Republic of China is arbitral law " the 5th: "Party reachs arbitral agreement, court of one way people sues, people court does not grant to accept, but the except with arbitral invalid agreement. But the except with arbitral invalid agreement..
Particular case 2: After reaching arbitral agreement, one direction court is sued did not state have arbitral agreement, after the court is accepted, other one party is in first of agreement of the submission to arbitration before open a court session.
Legal basis
" republic of People's Republic of China is arbitral law " the 26th: "Party reachs arbitral agreement, people court sues one direction to did not state have arbitral agreement, after people court is accepted, other one party is in first of agreement of the submission to arbitration before open a court session, people court ought to be rejected sue, but the except with arbitral invalid agreement; Other one party is in this proposal was not accepted to people court before open a court session first of demur, regard as abandon arbitral agreement, people court ought to continue to try. People court ought to continue to try..
Particular case 3: After arbitral adjudication is made, party is sued to the court again with respect to same issue.
Legal basis
" republic of People's Republic of China is arbitral law " the 9th: "The arbitration implements the system that decides outcome. After adjudication is made, party applies for what arbitrate or sue to people court again with respect to same issue, arbitral committee or people court does not grant to accept. Adjudication is ruled by people court cancel perhaps does not grant to carry out lawfully, the arbitral agreement that party can reach afresh according to both sides with respect to this dispute applies for the arbitration, also can sue to people court. Also can sue to people court..
2
The case that financial case court does not grant to accept
Particular case: Negotiable securities states a case phonily, must decide according to the administrative punishment of concerned mechanism or the criminal judge copy clerk of people court, do not grant to accept otherwise.
Legal basis
" a certain number of regulations of the civil compensation case that top people court causes about because state phonily,trying security market " the 6th: "Investor is stated enroach on phonily with oneself for, according to the administration of concerned mechanism punishment decides or the criminal judge copy clerk of people court, the civil compensation lawsuit that mentions to stating behavior person phonily, accord with what the code of civil law sets the 108th times, people court ought to be accepted. People court ought to be accepted..
3
The case that labor arbitrates the court in the case does not grant to accept
Particular case 1: Disagree to the effectiveness of arbitral agreement, ought to be in arbitral front courtyard puts forward before open a court session first, party is in the effectiveness demur that arbitrates front courtyard does not have pair of arbitral agreements before open a court session first, apply for to affirm arbitral agreement is invalid to the court after that.
Legal basis
" republic of People's Republic of China is arbitral law " the 20th the 2nd: "Party disagrees to the effectiveness of arbitral agreement, ought to be in arbitral front courtyard puts forward before open a court session first. Ought to be in arbitral front courtyard puts forward before open a court session first..
" top people court about applicable < arbitral law > the explanation of a certain number of problems " thirteenth the first: "According to is arbitral law the 20th the 2nd regulation, party is in the effectiveness demur that arbitrates front courtyard does not have pair of arbitral agreements before open a court session first, apply for to affirm arbitral agreement is invalid to people court after that, people court does not grant to accept. People court does not grant to accept..
Particular case 2: After arbitral orgnaization decides to arbitrating consultative effectiveness is made, party applies for to affirm arbitral agreement effectiveness perhaps applies for cancel to people court of the decision of arbitral orgnaization.
Legal basis
" republic of People's Republic of China is arbitral law " the 20th the first: "Party disagrees to the effectiveness of arbitral agreement, can request to arbitrate committee makes a decision perhaps request people court to make a ruling. One party requests to arbitrate committee makes a decision, other one party requests people court to make a ruling, by people court ruling. By people court ruling..
" top people court about applicable < arbitral law > the explanation of a certain number of problems " thirteenth the 2nd: "After arbitral orgnaization decides to arbitrating consultative effectiveness is made, party applies for to affirm arbitral agreement effectiveness perhaps applies for cancel to people court of the decision of arbitral orgnaization, people court does not grant to accept. People court does not grant to accept..
Particular case 3: Labor dispute case is used " cut two careful into parts " make, the arbitration is order of the buy before enforcing, without arbitral forensic reject a complaint.
Legal basis
" labor law of People's Republic of China " the 79th: "After labor dispute happens, party can mediate committee to apply for to mediate to this unit labor dispute; Mediation won'ts do, party one party asks to arbitrate, can arbitrate to labor dispute committee applies for the arbitration. Party one party is OK also and direct to labor dispute arbitral committee applies for the arbitration. To arbitral adjudication disaffected, can to people court to lodge a complaint. Can to people court to lodge a complaint..
" dispute of labor of People's Republic of China mediates arbitral law " the 48th: "The arbitral adjudication disaffected that laborer sets 47 times to Benfadi, the day that can get arbitral adjudication book oneself rises to lodge a complaint of indrawn people court 15 days. " fiftieth: "Party sets the arbitral adjudication disaffected of the case of other work dispute beyond 47 times to Benfadi, the day that can get arbitral adjudication book oneself rises to lodge a complaint of indrawn people court 15 days; Expire to be not sued, adjudication book produces legal effectiveness. Adjudication book produces legal effectiveness..
Particular case 4: Request cancel labor is arbitral of the branch do not grant to accept advice note, do not belong to a court to get case range.
Legal basis
" dispute of labor of People's Republic of China mediates arbitral law " the 48th: "The arbitral adjudication disaffected that laborer sets 47 times to Benfadi, the day that can get arbitral adjudication book oneself rises to lodge a complaint of indrawn people court 15 days. " fiftieth: "Party sets the arbitral adjudication disaffected of the case of other work dispute beyond 47 times to Benfadi, the day that can get arbitral adjudication book oneself rises to lodge a complaint of indrawn people court 15 days; Expire to be not sued, adjudication book produces legal effectiveness. Adjudication book produces legal effectiveness..
Particular case 5: Arbitral committee is made recall by the applicant the arbitral decision that arbitral application handles, regard the buy before arbitrating without crossing labor dispute as the program, the applicant should apply for arbitral adjudication afresh to arbitral committee.
Legal basis
" dispute of labor of People's Republic of China mediates arbitral law " the 48th: "The arbitral adjudication disaffected that laborer sets 47 times to Benfadi, the day that can get arbitral adjudication book oneself rises to lodge a complaint of indrawn people court 15 days. " fiftieth: "Party sets the arbitral adjudication disaffected of the case of other work dispute beyond 47 times to Benfadi, the day that can get arbitral adjudication book oneself rises to lodge a complaint of indrawn people court 15 days; Expire to be not sued, adjudication book produces legal effectiveness. Adjudication book produces legal effectiveness..
Particular case 6: Labor dispute dispute, controversy of labor personnel matters arbitrates committee is made " do not grant to accept advice note " hind, after sueing a person to receive notice, did not sue inside 15 days of the regulation, sue deadline more than just to forensic to lodge a complaint.
Legal basis
" dispute of labor of People's Republic of China mediates arbitral law " the 48th: "The arbitral adjudication disaffected that laborer sets 47 times to Benfadi, the day that can get arbitral adjudication book oneself rises to lodge a complaint of indrawn people court 15 days. The day that can get arbitral adjudication book oneself rises to lodge a complaint of indrawn people court 15 days..
" dispute of labor of People's Republic of China mediates arbitral law " fiftieth: "Party sets the arbitral adjudication disaffected of the case of other work dispute beyond 47 times to Benfadi, the day that can get arbitral adjudication book oneself rises to lodge a complaint of indrawn people court 15 days; Expire to be not sued, adjudication book produces legal effectiveness. Adjudication book produces legal effectiveness..
Particular case 7: The main body that labor dispute arbitrates committee arbitrates with application is unwell for case, make the written adjudication that does not grant to accept, decision perhaps inform, party refuses to obey, sue to people court lawfully, via examining, belong to main body truly of unwell case.
Legal basis
" top people court discusses rule of case comfortable usage about trying labor to contend for the explanation of a certain number of problems " the 4th: "The main body that labor dispute arbitrates committee arbitrates with application is unwell for case, make the written adjudication that does not grant to accept, decision perhaps inform, party refuses to obey, sue to people court lawfully, via examining, belong to main body truly of unwell case, the ruling does not grant to accept or be rejected sue. The ruling does not grant to accept or be rejected sue..
Particular case 8: Arbitral item does not belong to the case limits that people court accepts.
Legal basis
" top people court discusses rule of case comfortable usage about trying labor to contend for the explanation of a certain number of problems " the 7th: "The item that labor dispute arbitrates committee arbitrates does not belong to the case limits that people court accepts, party refuses to obey, sue to people court lawfully, the ruling does not grant to accept or be rejected sue. The ruling does not grant to accept or be rejected sue..
Particular case 9: The intercessory book that controversy of labor personnel matters arbitrates committee is made has produced legal effectiveness, one party party goes back on his word of to lodge a complaint.
Legal basis
Top people court discusses rule of case comfortable usage about trying labor to contend for the explanation of a certain number of problems (3) eleventh: "The intercessory book that controversy of labor personnel matters arbitrates committee is made has produced legal effectiveness, one party party goes back on his word of to lodge a complaint, people court does not grant to accept; Had accepted, the ruling is rejected sue. The ruling is rejected sue..
Particular case 10: Laborer depends on a regulation to to lodge a complaint of basic level court, unit of choose and employ persons arbitrates to controversy of labor personnel matters the intermediate people court of council seat applies for cancel arbitration to adjudicate on.
Legal basis
Highest courtyard discusses rule of case comfortable usage about trying labor to contend for the explanation of a certain number of problems (3) the 15th: "Laborer arbitrates according to mediation the law sets the 48th times to to lodge a complaint of court of basic level people, unit of choose and employ persons arbitrates according to mediation the law sets what the arbitration adjudicates on the 49th times to to labor personnel matters controversy arbitrates the intermediate people court of council seat applies for cancel, intermediate people court should not grant to accept; Had accepted, ought to rule reject application. Be rejected to sue by people court or laborer nolles prosequi, the day that unit of choose and employ persons can get ruling book oneself rises 30 days inside, to controversy of labor personnel matters the intermediate people court of arbitral council seat applies for cancel arbitration to adjudicate on. To controversy of labor personnel matters the intermediate people court of arbitral council seat applies for cancel arbitration to adjudicate on..
4
The case that the court when punishment civilian across does not grant to accept
Particular case 1: The civil case that hears as economic case is suspected of economy committing a crime.
Legal basis
" top people court involves economic crime suspicion about be in case of cognizance economy dispute the regulation of a certain number of problems " eleventh: "People court regards economic dispute as forensic case, think not to belong to economic dispute case and have economic crime suspicion via cognizance, ought to rule reject sue, move concerned material send public security mechanism or procuratorial work office. Move concerned material send public security mechanism or procuratorial work office..
Particular case 2: Collect money illegally what handling criminal case involves civil case, below same fact, criminal case ought to precede over civil case.
Legal basis
The supreme court, highest procuratorate, the Ministry of Public Security " collect money illegally about dealing with statute of criminal case comfortable use the opinion of a certain number of problems " (release: On March 25, 2014)
Particular case 3: The accused person detinue, deal with of belongings of the injured party, lawfully pursue and wipe out, instruct pay compensation for what one has unlawfully taken.
Legal basis
" < of top people court about procedural law of criminal of applicable People's Republic of China > explain " the 139th: "The accused person detinue, deal with of belongings of the injured party, ought to give pursue and wipe out perhaps instructs pay compensation for what one has unlawfully taken lawfully. The injured party mentions of accessary and civil suit, people court does not grant to accept. The circumstance of pursue and wipe out, pay compensation for what one has unlawfully taken, can regard clue of measurement of penalty as the consideration. Can regard clue of measurement of penalty as the consideration..
" the give an official that top people court concerns an issue the 64th times about applicable criminal law " .
5
Because evidential attribute does not have the state that can appeal to a gender and does not grant to accept
Particular case 1: The conclusion of appraisal of unskillful and faulty medical or surgical treatment that makes to committee of technical appraisement of unskillful and faulty medical or surgical treatment disagrees to be sued to people court.
Legal basis
" top people court discusses case people court to should deny accepted reply about be being contended for to unskillful and faulty medical or surgical treatment " [law (row) case [1989]63 date 1989-10-10] .
Particular case 2: The court entrusts the judicatory appraisal opinion that appraisal orgnaization makes, do not have civil can appeal to a gender, party disagrees to appraisal opinion and sue appraisal orgnaization directly.
Legal basis
" bulletin of top people court " case judge point of view: People court entrusts the judicatory appraisal opinion that appraisal orgnaization makes, it is one of litigant evidence only, its are not had can appeal to a gender. Party is put in demur to appraisal opinion, request to affirm appraisal opinion is invalid to people court to lodge a complaint directly, do not belong to people court civil suit gets case range, ought to rule lawfully reject sue. -- from tribute city artesian well district state-owned asset manages investment finite liability company accuses Sichuan incorruptness project seeks advice from limited company to serve contract dispute desk. Carry at " bulletin of top people court " 2013 the 2nd period (always the 196th period) . Note: Manage together, regard lawsuit as evidence " responsibility of road transportation accident holds a book " , " fire cause holds a book " etc, do not have likewise civil can appeal to a gender.
6
Involve the historical bequeath problem, issue that national policy issue causes
Particular case 1: Always attribute the fulfils policy property estate dispute of historical bequeath, because of administration dictates and be being adjusted transfer, orgnaization is removed and cent closes wait for the estate issue that pose, because unit interior builds room, cent house,wait and cause take a room, vacate the estate dispute such as the room.
Legal basis
" the announcement that highest courtyard hears an issue about estate case " (1992 〕 of law hair 〔 38, 1992-11-25) the 3rd: "The fulfils policy property estate dispute that altogethers not to accord with procedural law of code of civil law, administration to concern those who sue a condition to belong to historical bequeath, because of administration dictates and be being adjusted transfer, orgnaization is removed and cent closes wait for the estate issue that pose, because unit interior builds room, cent house,wait and cause take a room, vacate the estate dispute such as the room, all do not belong to people court to be in charge of working limits, the lawsuit that party mentions for this, people court should not grant to accept lawfully or reject sue, can inform its to look for concerned branch to apply for to solve. Can inform its to look for concerned branch to apply for to solve..
Particular case 2: Collaboration turns the bequeath issue in motion, answer to be handled by the government sector.
Legal basis
" the case that top people court turns the bequeath problem in motion not to answer to be accepted as civil case by people court about cooperating answer " (1992-4-14) .
Particular case 3: Governmental director branch undertakes in state-owned to the enterprise asset administrative sex is adjusted, delimit turn the issue that produces in the process, party mentions to people court of civil suit.
Legal basis
" top people court changes about cognizance and enterprise make relevant civil dispute case the regulation of a certain number of problems " the 3rd: "Governmental director branch undertakes in state-owned to the enterprise asset administrative sex is adjusted, delimit turn the issue that produces in the process, party mentions to people court of civil suit, people court does not grant to accept. People court does not grant to accept..
Particular case 4: Involve the issue that policy of privilege of governmental capital attraction causes.
Legal basis
" bulletin of top people court " case judge point of view: Legal person answers governmental call, intervene with written ask for instructions reports and examining and approve the form that agree via the government to the government municipal construction, the home remedy below the condition that the government is not noticing to legal person attends intervenes with respect to legal person municipal the favourable policy that build and enjoys makes a decision, legal person can decide to carry out according to the government only, the equal principal part that civil code meaning is not to go up between legal person and government concerns, both sides also did not form civil contract concern at this point. Produce issue accordingly, although the dispute between both sides has certain civil factor, also do not belong to people court to accept the limits of civil case. -- Daqing city brace up limited company of rich estate development and case of dispute over obligation of government of Daqing city people.
7
Marital family succeeds the case that dispute does not grant to accept
Particular case 1: Open to question to holding the position of guardian, ought to according to civil code general rule the 16th the 3rd or the seventeenth the 2nd regulation, give by concerned organization appoint. Without what appoint and sue to people court.
Legal basis
" top people court implements general rule of civil code of < People's Republic of China about carrying out > the opinion of a certain number of problems " the 16th: "Open to question to holding the position of guardian, ought to according to civil code general rule the 16th the 3rd or the seventeenth the 2nd regulation, give by concerned organization appoint. Without what appoint and sue to people court, people court does not grant to accept. People court does not grant to accept..
Particular case 2: (this part content is in the first part already enumerate, retrieve marital family to facilitate kind the case that dispute does not grant to accept, repeat herein) the divorce case that the court decision forbids to divorce and mediate become reconciled, court decision, mediation manages the case of adoptive relationship, and accuser nolles prosequi or press nolle prosequi the divorce case of processing, without new case, new ground, accuser sues again inside 6 months.
Legal basis
" code of civil law of People's Republic of China " the 124th (7) :
"The court decision forbids to divorce and mediate the divorce case of become reconciled, court decision, mediation manages the case of adoptive relationship, without new case, new ground, accuser sues again inside 6 months, do not grant to accept. Do not grant to accept..
" top people court about applicable < code of civil law of People's Republic of China > explain " the 214th the 2nd: "Accuser nolles prosequi or press nolle prosequi the divorce case of processing, without new case, new ground, sue again inside 6 months, code of civil law prepping according to the 124th the 7th regulation does not grant to accept. Code of civil law prepping according to the 124th the 7th regulation does not grant to accept..
Particular case 3: During the woman is pregnant, after childbirth inside a year or inside 6 months after break down is gravid, the man puts forward to divorce, people court divides those who think to be necessary to accept truly beyond.
Legal basis
" marriage law of People's Republic of China " thirtieth 4: "During the woman is pregnant, after childbirth inside a year or inside 6 months after break down is gravid, the man must not put forward to divorce. The woman puts forward to divorce, or people court thinks to be necessary to accept man divorce to request truly, do not be restricted here. Do not be restricted here..
Particular case 4: Party sues a request to remove of cohabitational relation, people court does not grant to accept. But the cohabitational concern that party asks to remove, belong to marriage law the 3rd, thirtieth 2, of the 46th regulation " the person that have a mate and other live together " except.
Legal basis
" top people court about applicable " marriage law of People's Republic of China " the explanation of a certain number of problems (2) " the first: "Party sues a request to remove of cohabitational relation, people court does not grant to accept. But the cohabitational concern that party asks to remove, belong to marriage law the 3rd, thirtieth 2, of the 46th regulation " the person that have a mate and other live together " , people court ought to be accepted and give lawfully remove. People court ought to be accepted and give lawfully remove..
Particular case 5: Party is basis to lodge a complaint the 4th times with marriage law only, people court does not grant to accept; Had accepted, the ruling is rejected sue.
Legal basis
" top people court about applicable " marriage law of People's Republic of China " the explanation of a certain number of problems (one) " the 3rd: "Party is basis to lodge a complaint the 4th times with marriage law only, people court does not grant to accept; Had accepted, the ruling is rejected sue. The ruling is rejected sue..
" marriage law of People's Republic of China " the 4th: "Husband and wife ought to mutual and faithful, mutual respect; Old love ought to be respected between domestic member young, mutual help, the marital family that defends equal, harmonious, civilization concerns. The marital family that defends equal, harmonious, civilization concerns..
Particular case 6: During marital relation puts add, party does not sue a divorce and alone basis " marriage law of People's Republic of China " the 46th regulation mentions damages requests.
Legal basis
" the supreme court about applicable " marriage law " the explanation of a certain number of problems (one) " the 29th: "Assume the principal part of the damages liability that marriage law sets the 46th times, fault is not had in be divorce litigant square spouse. ... during marital relation puts add, party does not sue a divorce and mention according to this regulation alone damages requests, people court does not grant to accept. People court does not grant to accept..
" marriage law of People's Republic of China " the 46th: "Have one of following state, those who bring about a divorce, without fault Fang Youquan requests damages:
(one) bigamous;
(2) the person that have a mate and other live together;
(3) executive family is violent;
(4) mistreat, of abandon family member. (4) mistreat, of abandon family member..
Particular case 7: It is OK that according to inheritance act the 14th sets deal out is proper the person of bequest, when bequest is broken up, know perfectly well obtain lawfully in its be encroached by the right of heir bequest and did not put forward a request, later again to people court to lodge a complaint.
Legal basis
" top people court carries out inheritance act of < People's Republic of China about carrying out > the opinion of a certain number of problems " thirtieth 2: "It is OK that according to inheritance act the 14th sets deal out is proper the person of bequest, obtain lawfully in its when be encroached by the right of heir bequest, oneself have right the qualification with independent litigant main body to people court to lodge a complaint. But when bequest is broken up, know perfectly well and did not put forward a request, do not grant to accept commonly; Do not know and did not put forward a request, in 2 years less than sues, should grant to accept. Should grant to accept..
" inheritance act of People's Republic of China " the 14th: "Be done not have again by the devoid labor ability of heir bring up to the support beyond heir the person of source of income, or beyond heir right by heir bring up more person, can distribute their proper bequest. Can distribute their proper bequest..
8
Earthy land ownership is belonged to, rural land contracts wait for caused controversy,
Do not belong to the case of civil joinder limits
Particular case 1: Land ownership and use controversy, talk things over by party solve; Do not talk things over, by people government processing.
Legal basis
" land of People's Republic of China administers a law " the 16th: "Land ownership and use controversy, talk things over by party solve; Do not talk things over, by people government processing. The controversy between the unit, by processing of government of people of prefectural class above; Between the individual, the controversy between individual and unit, by government of country class people or processing of government of people of prefectural class above. Party decides disaffected to concerning the processing of people government, the day that can receive processing to decide an announcement oneself rises 30 days inside, sue to people court. Sue to people court..
Particular case 2: Droit of forest, forest land and use controversy, handle lawfully by people government.
Legal basis
" law of forest of People's Republic of China " the seventeenth: "Droit of the forest that happens between the unit, forest land and use controversy, handle lawfully by government of people of prefectural class above. Between the individual, the forest property that produces between individual and unit and controversy of forest land access, by local county class or government of country class people is handled lawfully. Party decides disaffected to the processing of people government, can be in since the day that receives an announcement inside a month, sue to people court. Sue to people court..
" authority of forest forest land belongs to controversy to handle way " the 4th the first: "Lin Quan controversy makes processing decide lawfully by various people government.
Particular case 3: The member that collective economy group is woven contracts because of acquiring land not actually right of administration mentions of civil suit, ought to inform its to be in charge of a branch to apply for to solve to concerned administration.
Legal basis
" highest courtyard involves rural land to contract about cognizance the explanation of problem of statute of dispute case comfortable use " the first the 2nd: "The member that collective economy group is woven contracts because of acquiring land not actually right of administration mentions of civil suit, people court ought to inform his to be in charge of a branch to apply for to solve to concerned administration. People court ought to inform his to be in charge of a branch to apply for to solve to concerned administration..
Particular case 4: The member that collective economy group is woven is used at distributive land to compensate cost amount to mention of civil suit.
Legal basis
" top people court involves rural land to contract about cognizance the explanation of problem of statute of dispute case comfortable use " the first the 3rd: "The member that collective economy group is woven is used at distributive land to compensate cost amount to mention of civil suit, people court does not grant to accept. People court does not grant to accept..
Particular case 5: Rural land contracts dispute case party did not reach written and arbitral agreement, one party party contracts to rural land arbitral orgnaization application is arbitral, party of other one party accepts the arbitration administer hind sue again.
Legal basis
" top people court involves rural land to contract about cognizance the explanation of problem of statute of dispute case comfortable use " the 2nd: "Party reachs written and arbitral agreement of one's own accord, suffer courtyard of civil code telling a person to ought to consult top people court " about code of civil law of applicable < People's Republic of China > the opinion of a certain number of problems " the 145th regulation processing to the 148th. Party did not reach written and arbitral agreement, one party party contracts to rural land arbitral orgnaization application is arbitral, of to lodge a complaint of party of other one party, people court should grant to accept, written announcement is arbitral orgnaization. But party of other one party accepts the arbitration administer hind sue again, people court does not grant to accept. Party refuses to obey to arbitral adjudication and remove the 30 to lodge a complaint inside day in the day that gets adjudication book, people court should grant to accept. People court should grant to accept..
Particular case 6: Party is in receive rural land to contract since the day of the adjudication book that arbitral committee makes 30 in the future or land of country of sign after receiving sth contracts the intercessory postscript that arbitral committee makes, same issue to people court to lodge a complaint.
Legal basis
" top people court involves rural land to contract about cognizance management dispute mediates arbitral case applicable law the explanation of a certain number of problems " the 2nd: "Party is in receive rural land to contract since the day of the adjudication book that arbitral committee makes 30 in the future or land of country of sign after receiving sth contracts the intercessory postscript that arbitral committee makes, same issue to people court to lodge a complaint, the ruling does not grant to accept; Had accepted, the ruling is rejected sue. The ruling is rejected sue..
9
The case that tort dispute does not grant to accept
Particular case 1: Legal person is other perhaps the organization suffers enroach on with character right for, sue a request to compensate for spirit to damage to people court.
Legal basis
" top people court about determining blame of damages of civil tort spirit the explanation of a certain number of problems " the 5th: "Legal person is other perhaps the organization suffers enroach on with character right for, sue a request to compensate for spirit to damage to people court, people court does not grant to accept. People court does not grant to accept..
Particular case 2: Party did not put forward to compensate for the litigant request that spirit damages in tort lawsuit, same tort fact is based on to sue a request to compensate for spirit to damage separately again after lawsuit is terminative.
Legal basis
" top people court about determining blame of damages of civil tort spirit the explanation of a certain number of problems " the 6th: "Party did not put forward to compensate for the litigant request that spirit damages in tort lawsuit, same tort fact is based on to sue a request to compensate for spirit to damage separately again after lawsuit is terminative, people court does not grant to accept. People court does not grant to accept..
Particular case 3: The published incoming letter such as the consults for leading sector interior only journal that mechanism and organization compile and print, data or article, party counterpoises with reputation of its content enroach on to people court to lodge a complaint.
Legal basis
" top people court counterpoises about trying reputation case the explanation of a certain number of problems " 2, ask: The consults for leading sector interior only journal that compiles and print about mechanism and organization, data publish send a letter or the reputation authority issue that the article poses, and orgnaization of organization of mechanism, society, learning, enterprise or business it is other perhaps and certain that the unit distributes this this unit, system the reputation that the general and internal publication inside limits and inside data place carry content to cause counterpoises dispute, whether is people court accepted?
Answer: The published incoming letter such as the consults for leading sector interior only journal that compiles and print about mechanism and organization, data or article, party counterpoises with reputation of its content enroach on to people court to lodge a complaint, people court does not grant to accept. Orgnaization of organization of mechanism, society, learning, enterprise or business it is other perhaps and certain that the unit distributes this this unit, system the internal publication inside limits and inside data, what carry content to pose reputation authority issue, people court ought to be accepted.
Particular case 4: Organization of national office, society, enterprise or business the conclusion that the staff that the branch such as the unit supervises to its makes perhaps handles a decision, party counterpoises with reputation of its enroach on to people court to lodge a complaint.
Legal basis
" top people court counterpoises about trying reputation case the explanation of a certain number of problems " 4, ask: Organization of national office, society, enterprise or business the reputation authority issue that the conclusion that the staff that the branch such as the unit supervises to its according to powers and authorities of office makes poses, whether is people court accepted?
Answer: Organization of national office, society, enterprise or business the conclusion that the staff that the branch such as the unit supervises to its makes perhaps handles a decision, party counterpoises with reputation of its enroach on to people court to lodge a complaint, people court does not grant to accept.
Particular case 5: The citizen violates age act to the irregularity of other of concerned branch impeach, charge lawfully, other with enroach on of impeach, charge its reputation counterpoises to people court to lodge a complaint.
Legal basis
" top people court counterpoises about trying reputation case the explanation of a certain number of problems " 5, ask: Because of the reputation authority issue that impeach, charge poses, whether is people court accepted?
Answer: The citizen violates age act to the irregularity of other of concerned branch impeach, charge lawfully, other with enroach on of impeach, charge its reputation counterpoises to people court to lodge a complaint, people court does not grant to accept. If lend the name of impeach, charge affront, calumniatory other, cause other reputation to damage, party gets with its reputation authority enroach on to people court to lodge a complaint, people court ought to be accepted.
10
The case that trade issue issue does not grant to accept
Particular case 1: Accuser with company method the 22nd main content of the 74th the 2nd paragraph, the 2nd regulation, to people court to lodge a complaint when, exceed fair judicatory time limit.
Legal basis
" top people court about < applicable company law of People's Republic of China > the regulation of a certain number of problems (one) " the 3rd: "Accuser with company method the 22nd main content of the 74th the 2nd paragraph, the 2nd regulation, to people court to lodge a complaint when, exceed fair judicatory time limit, people court does not grant to accept. People court does not grant to accept..
" company law of People's Republic of China " (2013 revised edition) the 22nd the 2nd: "Partner is met or the conference of shareholder plenary meeting, board of directors convenes a program, vote means lawbreaking, administrative regulations or company rules, or resolution content violates company regulation, the day that partner can make from resolution rises 60 days inside, request people court cancel. Request people court cancel..
The 74th the 2nd: "The day that from partner meeting meeting resolution carries rises 60 days inside, partner and company cannot reach equity to buy an agreement, partner can meet 90 days of indrawn people since the day that conference resolution carries from partner forensic to lodge a complaint. Partner can meet 90 days of indrawn people since the day that conference resolution carries from partner forensic to lodge a complaint..
Particular case 2: Partner requests the rights and interests such as authority to be damaged with authority of know the inside story, profit allocation, or company loss, belongings can't repay total debt, and the company was not made liquidate by business charter of revoke legal entity etc for, mention dismiss company suit.
Legal basis
" top people court about < applicable company law of People's Republic of China > the regulation of a certain number of problems (2) " the first the 2nd: "Partner requests the rights and interests such as authority to be damaged with authority of know the inside story, profit allocation, or company loss, belongings can't repay total debt, and the company was not made liquidate by business charter of revoke legal entity etc for, mention dismiss company suit, people court does not grant to accept. People court does not grant to accept..
Particular case 3: Partner mentions dismiss company suit, apply for people court to undertake liquidating to the company again at the same time, the liquidation that people court puts forward to its applies for not to grant to accept.
Legal basis
" top people court about < applicable company law of People's Republic of China > the regulation of a certain number of problems (2) " the 2nd: "Partner mentions dismiss company suit, apply for people court to undertake liquidating to the company again at the same time, the liquidation that people court puts forward to its applies for not to grant to accept. People court can tell prosecutor, after people court court decision dismisses a firm, company method mixes the basis the 183rd times to set the 7th provision originally, the organization is liquidated or apply for people court to undertake liquidating to the company separately by oneself. The organization is liquidated or apply for people court to undertake liquidating to the company separately by oneself..
Particular case 4: Forensic court decision is rejected after disbanding company suit to request, mention the shareholder of this lawsuit is other perhaps partner mentions with same fact and reason again dismiss company suit.
Legal basis
" top people court about < applicable company law of People's Republic of China > the regulation of a certain number of problems (2) " the 6th: "The court decision that people court makes about dismissing company suit, to company collectivity partner has legal sanction. People court court decision is rejected after disbanding company suit to request, mention the shareholder of this lawsuit is other perhaps partner mentions with same fact and reason again dismiss company suit, people court does not grant to accept. People court does not grant to accept..
Particular case 5: Creditor perhaps is liquidated group, the property that in belongings and partner having notting allocate in surplus property with the company, has acquired, cannot for the creditor's rights that complement of sum pay off declares, put forward those who liquidate application to go bankrupt to people court.
Legal basis
" top people court about < applicable company law of People's Republic of China > the regulation of a certain number of problems (2) " the 14th the 2nd: "Creditor perhaps is liquidated group, the property that in belongings and partner having notting allocate in surplus property with the company, has acquired, cannot for the creditor's rights that complement of sum pay off declares, put forward those who liquidate application to go bankrupt to people court, people court does not grant to accept. People court does not grant to accept..
Particular case 6: The person that oppose a bill not go ahead of the rest makes pay the request counterpoises and go ahead of the rest makes recourse rejects to lodge a complaint.
Legal basis
" top people court about hearing note issue case the regulation of a certain number of problems " the 4th: "The person that oppose a bill not go ahead of the rest makes pay the request counterpoises and go ahead of the rest makes recourse rejects to lodge a complaint, people court does not grant to accept. Except have bill way the 61st the 2nd is mixed outside stipulating the 3rd place lists case originally, the person that oppose a bill can be in only pay to the request counterpoises and be couldn't get to drawee exercise above all when paying, ability is OK exercise recourse. Ability is OK exercise recourse..
" standard of bill of People's Republic of China " the 61st the 2nd: "Before maturity of bill of exchange, have one of following state, the person that oppose a bill is OK also exercise recourse:
(one) bill of exchange is rejected of accept;
(2) acceptor or of drawee death, abscond;
(3) acceptor or drawee by what perhaps stop business activity of suspend payment because of breaking the law to be instructed lawfully. (3) acceptor or drawee by what perhaps stop business activity of suspend payment because of breaking the law to be instructed lawfully..
" top people court about hearing note issue case the regulation of a certain number of problems " the 3rd: "Thirtieth of standard of according to bill 6 regulation, bill is rejected accept, be rejected to pay or bill of exchange, check exceeds clew to pay after deadline, note holder endorses make over, endorsee is recourse of the accused exercise with endorser and of to lodge a complaint, people court ought to be accepted lawfully. People court ought to be accepted lawfully..
Particular case 7: The underwriter is when right of compensation of exercise subrogation request, not according to admiralty proceedings is special the regulation of program law, refer its to had paid insurance compensation actually the voucher to insurant to people court.
Legal basis
" top people court about hearing case of marine insurance dispute the regulation of a certain number of problems "
Thirteenth: "The underwriter is when right of compensation of exercise subrogation request, not according to admiralty proceedings is special the regulation of program law, refer its to had paid insurance compensation actually the voucher to insurant to people court, people court does not grant to accept; Had accepted, the ruling is rejected sue. The ruling is rejected sue..
Particular case 8: Special program law sets underwriter basis admiralty proceedings the 95th times exercise subrogation requests to compensate for the right, ought to undertake with oneself name; With other name to lodge a complaint.
Legal basis
" top people court about admiralty proceedings of applicable < People's Republic of China special program law > the explanation of a certain number of problems " the 65th: "Special program law sets underwriter basis admiralty proceedings the 95th times exercise subrogation requests to compensate for the right, ought to undertake with oneself name; With other name to lodge a complaint, admiralty courtyard should not grant to accept or be rejected sue. Admiralty courtyard should not grant to accept or be rejected sue..
11
Involve the does not grant to accept case of notarial writ
Particular case 1: The appeal since the interests person of party, notarial item begs notarial deed of change, cancel to perhaps affirm notarial deed is invalid.
Legal basis
" top people court involves notarial activity about cognizance a certain number of regulations of relevant civil case " the 2nd: "The appeal since the interests person of party, notarial item begs notarial deed of change, cancel to perhaps affirm notarial deed is invalid, people court does not grant to accept, inform its thirtieth of law of according to notarization sets 9 times can put forward to check to the notary organization that issues notarial deed. Inform its thirtieth of law of according to notarization sets 9 times can put forward to check to the notary organization that issues notarial deed..
Particular case 2: The civil rights obligation of the writ of notarial creditor's rights that the interests person of party, notarial item carries out effectiveness compulsively to having is open to question mention to people court directly of civil suit, people court does not grant to accept lawfully. But, the except that writ of notarial creditor's rights is not granted to carry out by people court ruling.
Legal basis
" top people court involves notarial activity about cognizance a certain number of regulations of relevant civil case " the 3rd: "The interests person of party, notarial item's notarial to notarial deed place civil rights obligation is open to question, can law of according to notarization stipulates with respect to this controversy mentions to people court the 40th times civil suit. The civil rights obligation of the writ of notarial creditor's rights that the interests person of party, notarial item carries out effectiveness compulsively to having is open to question mention to people court directly of civil suit, people court does not grant to accept lawfully. But, the except that writ of notarial creditor's rights is not granted to carry out by people court ruling. The except that writ of notarial creditor's rights is not granted to carry out by people court ruling..
" top people court about applicable < code of civil law of People's Republic of China > explain " the 480th the 3rd: "After writ of notarial creditor's rights is not granted to carry out by the ruling, the interests person of party, notarial item is OK with respect to to lodge a complaint of creditor's rights controversy. The interests person of party, notarial item is OK with respect to to lodge a complaint of creditor's rights controversy..
12
The case that about the society insurance issue court does not grant to accept
Particular case 1: Unit of choose and employ persons or behavior him enroach on that the individual thinks social insurance premium collects an orgnaization is lawful of rights and interests, and unit of choose and employ persons or the individual nots comply to orgnaization of social insurance agency society of manage of deal with according to law is sure to register, insurance premium of society of check and ratify, pay a society formalities of continue of move of insurance of insurance pay, conduction society or enroach on is other the behavior of social insurance rights and interests, can apply for to administration is reconsidered or mention lawsuit of politics of start on a journey lawfully.
Legal basis
" law of insurance of society of People's Republic of China " the 83rd the first section provision: "Unit of choose and employ persons or behavior him enroach on that the individual thinks social insurance premium collects an orgnaization is lawful of rights and interests, can apply for to administration is reconsidered or mention lawsuit of politics of start on a journey lawfully.
The 2nd: "Unit of choose and employ persons or the individual nots comply to orgnaization of social insurance agency society of manage of deal with according to law is sure to register, insurance premium of society of check and ratify, pay a society formalities of continue of move of insurance of insurance pay, conduction society or enroach on is other the behavior of social insurance rights and interests, can apply for to administration is reconsidered or mention lawsuit of politics of start on a journey lawfully.
Particular case 2: Because unit of choose and employ persons owes insurance premium of society of capture, refus capture to perhaps expend fixed number of year, capture because of capture,expend the base controversy that happen, belong to the category of administration, answer to solve processing by social security management department.
Legal basis
" people court signs up for " the second edition published on Wednesday on September 15, 2010 " top people court civilian Du Mohua of presiding judge of one front courtyard with respect to < about hearing labor dispute case applicable law of a certain number of problems
Answer: " mediate arbitral law " decided social insurance controversy attributes labor dispute, but whether should be sure all societies controversy does not add distinction bring into people court to get case range, it is one is in practice truly the question with extensive controversy, need judicatory explanation is made clear further. We consider to think, unit of choose and employ persons, laborer and social security orgnaization owe cost to wait produce controversy, it is to collect with the dispute between pay, belong to the category of administration, contain the character of social government, not be the social security controversy between single worker and unit of choose and employ persons. Accordingly, had dealt with social security formalities by unit of choose and employ persons to those, but because unit of choose and employ persons owes insurance premium of society of capture, refus capture to perhaps expend fixed number of year, capture because of capture,expend the base controversy that happen, answer to solve processing by social security management department, should not bring into people court to get case range. Deal with social insurance formalities to not was laborer because of unit of choose and employ persons, and orgnaization of social insurance agency cannot fill do bring about laborer to cannot enjoy social insurance treatment, ask unit of choose and employ persons compensates for losing, belong to issue of typical social security controversy, people court should be accepted lawfully.
" top people court applies for rehear about Wang Mou and dispute of dispute of some firm labor the answer of problem of statute of one case comfortable use " (the law grinds [2011] 31 date on March 9, 2011)
13
Other state
Particular case 1: The party of contract of joint development estate requests to distribute real-estate project benefit.
Legal basis
" top people court involves case of dispute of contract of state-owned land access about cognizance the explanation of applicable law problem " the 19th the first: "Below following scenario, the party of contract of joint development estate requests to distribute real-estate project benefit, do not grant to accept; Had accepted, reject sue:
(one) the people government that needs to build a project to counterpoise without having approval via the estate of approval lawfully is in charge of a branch to approve;
(2) estate construction project did not obtain license of construction project program;
(3) change of do sth without authorization builds project program. (3) change of do sth without authorization builds project program..
Particular case 2: Affirm or deny (change) bag of dispute of the person that school of run by the local people is held contains identities of pair of the person that hold (qualification) the content that administration permits, this dispute does not belong to people court the limits of civil joinder.
Legal basis
Top people court " about the Anhui province yellow hill city inhales Hong Xianzhong and state school, Hong Wenqin, Hong Shaoxuan, square build, Hong Shanhua, Fang Aixiang affirms run by the local people to learn, on December 8, 2011) ;
Top people court civilian viewpoint of 2 front courtyard: Basis " education of run by the local people promotes a doctrine " the 12nd, " education of run by the local people promotes a law to carry out byelaw " the 16th regulation, in college of run by the local people in conducting an activity, identity of the person that hold also is belonged to examine and approve approve limits, it is the content that administrative license needs to examine. Party asks to confirm the identity of the person that college of its run by the local people is held with civil suit fashion, it is requirement court character actually the content that permits to teaching administration undertakes checkup judging, basis " code of civil law " the 3rd regulation, this appeal does not belong to a court to accept the limits of civil case.
Particular case 3: Party made later on July 1, 2001 to patent reexamine committee about practical and new-style, exterior design patent cancel requests reexamine to decide what sue to people court to refuse to obey.
Legal basis
" top people court about trying a certain number of regulations of problem of statute of comfortable use of patent dispute case " the 3rd: "Party made later on July 1, 2001 to patent reexamine committee about practical and new-style, exterior design patent cancel requests reexamine to decide what sue to people court to refuse to obey, people court does not grant to accept. People court does not grant to accept..
According to the law arrange, referenced " Chinese Shanghai judicatory wisdom library " fair number the 29th period " the civil case total pool that people court does not grant to accept " wait
