Be newest! Print and distribute of Shandong tall courtyard " about simplifying jurisdictional demur

Editor's note

In civil suit, it is to jurisdictional demur the code of civil law gifts the program sex right of party, people court ought to undertake checkup to demur. But, because relevant law reachs judicatory to explain to the checkup of jurisdictional demur the program was not made,give specific provision, in judicatory practice mostly the court also did not realise its are mere is sex of a program investigate matter, prep according to its however a common and civil contentious case undertakes cognizance, bring about a case to examine deadline to grow too, cause jurisdictional demur to be abused in great quantities by party, the party in making civil suit is protracted one of methods with the commonnest lawsuit, not only to the judge case of conduction first instance causes serious worry, also bring about directly many and long-term not the generation of end a case. Recently, what jurisdictional to abuse demur brings about Shandong tall courtyard is long-term not problem of end a case undertook combing, a few unreasonable practices in examining a program in the light of jurisdictional demur undertook study, insisting to be examined lawfully, compasses make party abuse jurisdictional different make peace to simplify as far as possible examine a program on the foundation of 3 basic principles, made " Shandong saves senior people court about simplifying jurisdictional demur examines issue of civilian trade issue the opinion of the program (try out) " .

Shandong saves senior people court

About simplifying issue of civilian trade issue is jurisdictional demur

The opinion that examines a program (try out)

Mix for farther standard simplify case of issue of civilian trade issue is jurisdictional the checkup of demur program, improve the quality that jurisdictional demur examines issue of civilian trade issue and efficiency, according to " code of civil law of People's Republic of China " " top people court about code of civil law of applicable < People's Republic of China > explanation " " a certain number of opinions that top people court works about strengthening civil service further about < of print and distribute > announcement " wait for a regulation, make the following opinion.

One, jurisdictional demur is accepted

The first the accused is referred in first instance rejoin jurisdictional objection raises during shape, ought to submit written application, requisition should include the following content:

(one) the accused and its procuratorial relevant identity information;

(2) the requirement moves the people court name that sends cognizance;

(3) the fact of demur place basis, reason and relevant evidence;

(4) service address and service means confirm information.

Requisition does not accord with afore-mentioned requirements, people court ought to written announcement the accused is compensatory and relevant material, inform after receiving written announcement give inside 3 days compensatory. The accused exceed the time limit is not compensatory and relevant material still perhaps does not accord with a requirement via complement, perhaps do not offer correct communication address to bring about what cannot inform, people court grants no longer to jurisdictional demur in order to examine.

The 2nd the accused raises jurisdictional objection to following case, people court does not grant to examine lawfully:

(one) send heavy careful or the case according to adjudgement monitor rehear;

(2) ranking court is appointed administer case;

(3) other court ruling moves send administer case;

(4) of the executive objection that executive court hears appeal to a case;

(5) make the cancel of the 3rd person that the civil judgment, ruling, court that mediates a book accepts become effective appeal to a case.

Following application belongs to the 3rd the accused abuse jurisdictional demur right, people court need not grant to examine lawfully:

(one) after the accused puts forward jurisdictional demur to be ruled to reject by people court, raise jurisdictional objection to same court repeatedly with respect to congener and other case again;

(2) ground of abode of dummy in demur application the accused, contract fulfills the accused of the content seat that the ground, contract signs the ground, accuser abode ground, mark place that has actual connection with controversy and main content;

(3) accuser and the accused agree clearly in written agreement administer court, and do not disobey level to be mixed administer exclusive set administer, the accused is aimed at an agreement again administer the court raises jurisdictional objection;

(4) the fact of other and apparent lack and legal basis, jurisdictional demur application that offers for the purpose with protracted lawsuit.

People court decides not to grant to examine, ought to reason will not be examined inside 3 days written inform mention the accused of jurisdictional demur.

2, first instance examines processing

The 4th hears jurisdictional objection of the condition to according with, by undertake of the case hold the post of a judge alone or collegiate bench undertakes checkup. The case is in move defendant is gotten before sending business law court of jurisdictional demur requisition, undertake checkup directly by front courtyard of put on record.

The 5th examines jurisdictional demur in principle to use written examine a form. Be necessary truly, can adopt the means such as inquiry, hearing of witnesses to undertake.

The first instance of the 6th jurisdictional demur is examined, ought to be in get defendant since the day of jurisdictional demur requisition the ruling is made inside 15 days; Details of a case is relatively complex, need undertakes hearing of witnesses is examined, the longest do not exceed 30 days.

The 7th first instance examines those who overrule jurisdictional objection, ruling book can be stated only accuser and mention the accused of jurisdictional demur.

First instance ruling moves send administer, ruling book ought to state all party that attend lawsuit.

The 8th party mentions of appeal, court of first instance should be in after service of petition for appeal inside 7 days give in one class court to examine through the system handling a case to move the case on the net, the newspaper sends first instance electron dossier and edition of following material electron:

(one) book of first instance ruling;

(2) petition for appeal;

(3) appellant and its procuratorial relevant identity information;

(4) service address confirms information;

(5) other be necessary to sign up for sent written material.

3, 2 careful examine processing

The appeal of the 9th jurisdictional demur is in charge of examining by front courtyard of put on record commonly.

The 10th examines jurisdictional demur appeal, ought to comprise collegiate bench, use written means to undertake. Be necessary truly, can adopt the means such as inquiry, hearing of witnesses to undertake.

Eleventh examine jurisdictional demur appeal, ought to decrease as far as possible examine time, the longest after second instance put on record final judgment ruling is made inside 30 days.

Dozenth reject jurisdictional demur to appeal, 2 careful court ought to be made in the ruling hind court of first instance sends ruling book inside 7 days. The ruling moves send administer, ought to be in after ruling become effective inside 7 days send ruling book court of first instance, inform court of first instance to jurisdictional court finishs a case to move send the work.

4, service requirement

Thirteenth the accused raises jurisdictional objection, jurisdictional demur requisition can have service to accuser only, it is OK that the work is investigated in service process synchronism undertakes.

Ruling of the 14th first instance overrules the jurisdictional objection that the accused raises, the ruling is OK a service accuser and the accused that raise jurisdictional objection; First instance ruling moves send administer, the ruling ought to have service to entire party.

The 15th the accused refuses to obey first instance ruling puts forward to appeal, petition for appeal is OK Xiang Yuan tells service; Accuser refuses to obey to first instance ruling put forward to appeal, petition for appeal is OK to mention the accused service of jurisdictional demur.

Means of the 16th service, standard according to " a certain number of opinions that top people court works about strengthening civil service further " carry out.

5, other provision

The seventeenth law and judicatory explanation have a regulation additionally about the checkup of jurisdictional demur, its set according to.

This the 18th opinion applies since the day that announce.

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