Current it is society of a legal system, legal consciousness of the citizen is taller and taller also, face dispute and get when enroach on, people also is willing to solve and handle an issue through legal approach more. But still have many person law consciousness thin, won't usage more do not know a way. When the court handles a case, it is the court issues subpoena to the accused person commonly, the accused is about to go after receiving subpoena the court undertakes answering appealing to handling. And some people not consider legislation, in the turn a blind eye to after receiving forensic subpoena, think not to appear in court the ruling that can evade law, lost the right that defends for oneself finally.
So we are in after receiving forensic subpoena, authority rejects to appear in court?
Be in above all mix without warrant when sudden state, the accused person has no right to reject to appear in court. What consequence can if reject to appear in court,you have so?
The Li Lin of Xi'an city (alias) with Cui Xu (alias) two people are leasehold relation. When 13 years, cui Xu lent 80 thousand yuan of money to Li Lin, arrived after reimbursement deadline, cui Xu all the time evade is not returned, final Li Lin is forced to sue Cui Xu to the court without method. Cui Xu leaves home immediately after knowing a condition run road, think the court cannot find him to need not be returned.
Because forensic subpoena fails in service Cui brilliance of the rising sun hand, then the forensic announcement column of seat of abode of Cui brilliance of the rising sun, newspaper carried announcement, the appear in courtingly dot that Cui Xu mentioned expressly above and time and a variety of law that do not appear in court are sequential. So the main effect that do is service subpoena.
However if not be heard all Cui Xu is right inspecting, still act wilfully not to appear in court, and decide hide after all. When final open a court session, forensic basis " code of civil law " regulation: "Subpoena of ticket of the accused classics, be less than front courtyard without warrant refus, perhaps permit midway to retreat front courtyard without the court, can judgment by default " , the accused loses contradictory power, not battle and lose a lawsuit. According to appearing in court, cannot dodge the creditor not only, it is to sit more solid the illegal behavior that is in debt to be not returned.
In the meantime, if case must party is present, if bring up obligation of authority, provide for and divorce,wait. According to the basis " code of civil law " the 109th regulation, people court is right must arrive the accused of front courtyard, via two subpoena subpoena, be less than front courtyard without warrant refus, can arrest is passed. The boy or girl friend that arrest passes includes: 1, applicable object is to must arrive the accused of front courtyard; 2, had sent ticket summon to court twice; 3, be less than front courtyard without warrant refus.
Receive forensic subpoena to have two consequence according to appearing in court so: 1, judgment by default; 2, arrest is passed.
Tairen's lawyer reminds: Get when forensic subpoena should sober, want to affirm the authenticity of subpoena to local court above all. It is next after the authenticity that affirms forensic subpoena, should answer actively appeal to, the lawyer should be entrusted to deal with when he cannot be handled, utmost ensures his rights and interests. Finally, should appear after the circumstance that cannot foreknow should seasonable show reason and proof to the court, after all the court also won't take strong step instantly, this still compare human nature to change.
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