Hey Laotie people ·
Legal interlocution piece came again
This period we will around the code of civil law
Spread out to you solve
Ready ~~~
Civil
Procedural law
Today's our interlocution will around sue a condition to spread out
1
Mention what requirement ought to civil suit have?
According to the regulation of the code of civil law, mention civil suit ought to have the following requirement:
1. Accuser is as other perhaps as the citizen that this case has direct interests, legal person organization. Have direct interests with this case, it is the one party party that points to civil dispute, the right obligation of controversy affects this citizen, legal person directly the civil rights and interests of other perhaps organization. Get the person that this case affects secondhand, blame set according to law, do not get the to lodge a complaint of one party party to dispute. For instance, matrimonial dispute, husband or wife can mention divorce suit, but their children or parents must not is opposite with his name husband or wife mention divorce suit. Business contract dispute, buyer armour exceed the time limit does not pay payment for goods, bargainor second can is opposite its to lodge a complaint, third of the 3rd person cannot mention to armour commonly the lawsuit that asks its pay payment for goods to second. At exercise in second idle only its are opposite of armour expire creditor's rights, cause harm circumstance to fall to third, third ability is opposite with second of his nominal subrogation exercise the right of armour.
2. Have clear respondent. Namely who is accuser must point out object be appealinged to, it is some citizen, some unit, still be some company, enterprise. Without clear the accused, legal impact cannot confirm, people court also have no way begins to try an activity.
3. Have specific litigant request and factual reason. Lawsuit requests to show party wants achieved goal through lawsuit. As lawsuit the request has the following sort commonly model: It is to request people court to affirm some is planted law concerns or legal fact, for instance the request acknowledges bilateral adoptive relationship, the request affirms some to the citizen is missing or die; 2 it is to request a the opposing party to fulfill Fu Yi Wu, for instance request the other side recoups a loss, request the other side repays loan principal and interest; 3 it is to request to change or eliminate particular civil law concern, for instance the request divorces, the request is changed or cancel contract. Fact, the fact that relation happening, change perhaps eliminates the law that points to those who regard lawsuit as mark. For instance matrimonial dispute, state of affairs of the time that marriage concludes, bilateral love. Tort dispute, the time that tort behavior produces, ground is nodded, the harm that cause is sequential. Contract dispute, the contract is signed, the time that perform, place, contract content, the circumstance that breach of contract of one party party agrees. Reason, point to the account that offers suit, for instance the requirement divorces, because,be bilateral feeling burst; Seek redress, because,be person of enroach on of the other side, cause health to damage; The requirement undertakes responsibility of breach of contract, because,be the other side tardily consign goods.
4. The limits that belongs to people court to hear civil suit and suffer courtyard of civil code telling a person administer. Belong to the hears civil suit limits of people court, between the citizen that shows those who mention is equal principal part, legal person and other organization, and they mutual between the lawsuit that belongings concerns or person concerns. Court of our country various people has its attributive and division of labor on trial work, belong to suffer courtyard of civil code telling a person administer, show the people court that hears a case has jurisdiction to this case. Citizen, legal person and other organization ought to to have to dispute administer people court to lodge a complaint.
People court obtains indictment oral perhaps after sueing, ought to examine accuser to sue what whether accord with regulation of code of civil law to sue a condition, think to accord with those who sue a condition, ought to be inside 7 days put on record, notify party. Think not to accord with those who sue a condition, ought to not grant to accept in the ruling inside 7 days; Accuser is right the ruling disaffected of reject a complaint, can mention appeal.
1
2
1
How to produce civil dispute to do?
Civil dispute is the citizen that points to equal principal part, legal person between other perhaps organization and they mutual between the issue that property concern and person relation produce. For instance, the dispute that authority of money property right, person, intellectual property is caused by enroach on, because of the contract conclude fulfill the issue that pose, or because of marriage, successive, foster wait for the domestic concern issue that pose. Produced civil issue, party can request people to mediate committee, concerned unit, concerned service to undertake intercessory, also can apply for the arbitration to arbitral orgnaization lawfully, perhaps mention to people court civil suit.
People mediation committee is to be below government of basic level people and guidance of court of basic level people, mediate the organization of civilian dispute. People mediates provision of law of committee according to, undertake intercessory according to freewill principle. Party exchange solves reached agreement to ought to be fulfilled; Do not wish to mediation, mediation won'ts do or go back on his word, can sue to people court.
About the mediation of unit, concerned service, basically show party is in an unit the mediation of department of certain perhaps administration to civil dispute, for instance party is in the unit mediation to divorce problem, door of the Ministry of Public Security is mediated to what the damages place that arises because of traffic accident does. Concerned unit and service are not mediated to civil dispute, party is OK to people court to lodge a complaint.
People mediation committee and the mediation of concerned unit, concerned service are not those who settle civil dispute surely classics program, the party of civil dispute need not via mediate and mentioning to people court directly civil suit.
The arbitration is bilateral party its controversy delivers to judge of be placed in the middle of a third party. The contract dispute that happens between citizen, legal person and other organization and dispute of other property rights and interests, can apply for the arbitration. According to legal provision, 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.
Civil suit, it is in people the court is chaired below, participate in ginseng to add by party and other suit, try and solve the activity of civil case. Other perhaps organization is citizen, legal person the civil rights and interests that protects oneself, can make the civil issue between them lawfully be tried by people court and adjudicate.
This period arrive here
Below one we will around the litigant
Spread out interlocution
Disappear not to come loose
Look to be not worn urgently oh ~
Remember the thumb below stamp
To small make up ZAN!
~ welcomes to leave a message ~
