Well-known, in activity of all sorts of economy, society, nowhere is not in the risk. Manage have commercial risk, investment has investment risk, other and civil activity also has a risk. The legal interest of party, cannot come true as a result of a variety of reasons or may be encroached, produce issue of issue of of all kinds and civil, trade. Dispute is a kind of expression of commercial risk and other society risk. It is party lacks the result with attention, undeserved processing below a lot of circumstances. The way that settles dispute has a variety of, the relief way of the right has diversity. Lawsuit is among them one of. Lawsuit is put in the risk likewise, because undeserved or right of party exercise suit is other,may produce adverse result consequently formerly, cannot achieve expect an end, cannot achieve ideal final result.
Know litigant risk to make everybody sufficient, the pecuniary loss that causes the juridical result of prescient likelihood, possibly, make everybody can obviously for nothing " engage in a lawsuit " , before so that be in,be being sued or in litigant process serious balance, discretion chooses litigant method, right of correct exercise suit, decrease or avoid litigant risk, decrease or avoid needless dispute tired, decrease or avoid pecuniary loss, the risk item that appears the likelihood in litigant activity reminds, inform as follows:
One, exceed risk of litigant effectiveness for a given period of time
The lawsuit that requests to protect civil rights to people court is 3 years during effectiveness for a given period of time. Law has a regulation additionally, its set according to. Know from obligee during litigant effectiveness for a given period of time or ought to know the right to be damaged and the computation since the day of obligor. Law has a regulation additionally, its set according to. But get exceed since harm day 20 years from the right, people court does not grant to protect; to have special case, people court can decide lengthen according to the application of obligee. The case that the accuser after at the expiration of one's term of office of litigant effectiveness for a given period of time prosecutes, although accuser has sue authority, but if the accused person in order to exceed litigant effectiveness for a given period of time contradictory, do not have the legal particulars of a matter that extends litigant effectiveness for a given period of time and relevant evidence again, accuser will be lost win the lawsuit authority loses a lawsuit namely.
2, litigant expenses hands in a risk
The litigant fee that party ought to pay to people court includes: The case accepts fee, application fee, personnel of witness, appraiser, interpreter, adjustment personnel appoints date to appear in court in people court the traffic cost that produce, accommodation cost, living cost and allowance of delay one's work. The case accepts cost to be handed in beforehand by the accuser, the 3rd person that has independent request right, appellant. The accused counterclaim, expenses of according to litigation hands in method to stipulate need hands in a case to accept fee, hand in beforehand by the accused. Party fails to be inside quote deadline because of oneself reason quote, be in what 2 careful perhaps put forward new evidence to cause litigant expenses to increase during rehear, addition legal cost is used by this party burden.
3, a:appellant risk
Party refuses to obey first instance of local people court adjudicates, authority is in since the day of judgment service 15 appeal mentions inside day. Party refuses to obey first instance of local people court rules, authority is in since the day of ruling book service 10 appeal mentions inside day. The party of abode is done not have inside domain of People's Republic of China, refuse to obey of court decision of court of first instance people, ruling, authority is in since the day of service of book of judgment, ruling 30 appeal mentions inside day. Accuser, the accused, the 3rd person appeals respectively, according to appeal the request hands in 2 careful case to accept fee beforehand respectively. With one party much person appeals jointly, hand in case of a 2 careful to accept cost; to appeal respectively beforehand only, according to appeal the request hands in 2 careful case to accept fee beforehand respectively. Party does not get the decision that uses about legal cost to people court alone to mention appeal.
4, rehear risk
Party is right already the court decision of become effective, ruling and intercessory book refuse to obey, party applies for rehear, law ought to produce in court decision, ruling put forward inside 6 months after effectiveness. The case that the adjudgement monitor that provides according to code of civil law and administrative procedural law hears, party does not hand in a case to accept fee. But, following scenario except: (One) party has new evidence, enough overthrows original court decision, ruling, apply for rehear to people court, the case;(that people court decides rehear via examining 2) to people court first instance adjudicates or the ruling did not offer party appeal, rehear applies for again after first instance court decision, ruling perhaps mediates effectiveness of book happening law, people court classics investigates the case that decides rehear.
5, quote term venture
In litigant phase, party should be inside quote deadline quote, party applies for to extend quote deadline, ought to be in quote deadline at the expiration of one's term of office is forward people court offers written application. Because party perhaps weighs the evidence that big error exceed the time limit provides intentionally, people court does not grant to adopt. But basic fact concerns this evidence and case, people court ought to be adopted, and according to code of civil law the 65th, the 115th the first regulation gives admonitory, amerce. Because party blame perhaps weighs the evidence that big error exceed the time limit provides intentionally, people court ought to be adopted, give to party admonitory. The traffic that party one party asks because exceed the time limit offers card to increase according to causing its,other one party is compensated for, accommodation, repast, delay one's work, witness appears in court of the essential charge such as attest, people court can grant to support.
6, application witness appears in court attest risk
Party application witness appears in court of attest, ought to go out in premise of quote deadline at the expiration of one's term of office. Without people court announcement, the witness must not give front courtyard give evidence, but the except that bilateral party agrees and allows via people court. The witness rejects to sign guarantee, do not get give evidence, bear relevant cost by oneself.
7, application appraisal risk
Party applies for appraisal, can go out in premise of quote deadline at the expiration of one's term of office. Apply for the item of appraisal and nonrelevant of the fact that treat disease, perhaps need card fact to the proof insignificant, people court does not grant to allow. People court allows party identification applies for, ought to organize bilateral party to talk things over to have the appraiser of corresponding qualification certainly. Party does not talk things over, appoint by people court.
8, the risk that is less than front courtyard to join suit
Subpoena of accuser classics ticket, be less than front courtyard without warrant refus, perhaps permit midway to retreat front courtyard without the court, can press nolle prosequi handle countercharge of; the accused, can judgment by default. 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. People court is right must make a thorough investigation of to front courtyard ability the case is the accuser of basic fact, right must arrive the accused of front courtyard, via two subpoena subpoena, be less than front courtyard without warrant refus, can arrest is passed.
9, service risk
Because of the service address that party supplies not accurate, refus does not supply service address, service address change is not written tell people court, bring about civil suit writ to fail to be sufferred what service person receives actually, of direct service, the day that civil suit writ takes in this address is the day; of service to mail those who send service, writ by go back the day that day is service. Party changes service address, ought to tell people court in time with written means, not written inform modificatory service address, the service address that its affirm in first instance program can regard second instance program, adjudgement as the service address of monitor, executive program.
10, the risk that one party party misses
One party party misses, according to the circumstance but announcement service, can make case cognizance deadline is lengthened, cannot hear deadline end a case according to what procedural law sets. The accused person misses, although the court decision wins the lawsuit, because party misses,may not have belongings to be able to adjudicate for carry out and making win the lawsuit again cannot carry out.
11, application belongings conserves risk
Before interests person applies for to appeal to, conserve, ought to offer assure. The belongings before application appeals to conserves, ought to offer those who be equivalent to requesting to keep total number specified number to assure; The situation is special, people court is OK processing of take into consideration the circumstances. In lawsuit, people court depends on what apply for or adopt full measure of be bailed out according to powers and authorities of office, ought to the particular case according to the case, whether ought to be decision party offerred assure and the amount that assure. Person of party, interests applies for belongings to conserve, ought to provide information of specific property be conservinged to people court. Party applies for belongings to conserve in lawsuit, cannot provide information of specific property be conservinged because of objective reason truly, but provided specific belongings clue, people court can rule lawfully adopt belongings to conserve measure. Apply for what belongings of travel of person application add conserves to conserve, ought to be in conserve deadline at the expiration of one's term of office 7 put forward to people court a few days ago, exceed the time limit applies for or do not apply for, assume by oneself cannot the law that add conserves all right is sequential. Application has a mistake, the applicant ought to recoup the loss that is sufferred because of conserving by the applicant.
12, application evidence conserves risk
In evidence the likelihood destroys the condition that break or obtains hard later falls, party can be in quote deadline at the expiration of one's term of office is forward people court is written put forward to apply for to conserve evidence, evidence conserves to cause losing possibly to other, people court ought to instruct an applicant to offer assure accordingly.
13, application carries out a risk compulsively
Copy clerk of judge of party opposite effect applies for to be carried out compulsively to people court, application carries out during for 2 years. According to with executive legal copy clerk by cancel, the citizen death that serves as person be executived, can offer without bequest carry out, assume a person without obligation again, because the citizen that serves as person be executived is badly off insolvent loan, without income source, lose labor ability again, people court ruling is terminative carry out.
