F test and 500 of legal knowledge

 Agent's authority proceedings 201 What?
Authority is divided into two kinds: one is the general mandate, the legal representatives can access files on behalf of materials, apply for withdrawal, to make a statement, defense in, review the evidence. Another species is recognized by the agent ad litem, to abandon or modify the claim, the settlement, filed a counterclaim, or appeals, because these behaviors closely related to the substantive rights of the parties, then the parties must be specifically authorized accordingly.
reference method of . But in cases of divorce, even if legal representative, unless I am not expressing his own opinion, I should personally appear in court. If you really unable to appear due to special circumstances, and must submit written comments to the court.
reference articles : business activities. But in the lawsuit, a shop name of the individual businesses should be based on the business license on the registered owner, which is headed for the plaintiff or defendant. If the operating license of the owner and the actual operators of different words, should be the owners and the actual operation As a co-defendant who.
reference articles: company do?
it depends on the circumstances. according to law, corporate branches, usually what we call the branch, such as bank branches, branches, etc. that is. branch can not be used as a litigant depending on circumstances: if the branch is established by law, and received a business license, it can be individually as a party, you can also have a legal personality with its head office together as a litigant; if the branch is not law establish, or not obtain a business license, then the litigant should be its head office is. But take note that if the People's Bank of China, commercial banks such as ICBC, the Agricultural Bank, Construction Bank, and so the branches, branch, branch or insurance company, only to the branch as a litigant.
reference articles:
205 complaint submitted to the court to which?
Usually, the party should have the people's court where the defendant, which is often in the court to determine the jurisdiction of the court said
reference articles: court agreed in a written contract the court, but only in areas associated with the contract the court that the defendant has his domicile, the contract, the contract is signed, the plaintiff has his domicile, the location of the subject matter of the people's court. but also in particular Note that this convention applies only to the practice of the Court's jurisdiction in contract disputes, and not applicable to other civil disputes.
reference articles: Shelf life or loss of or damage to property, the statute of limitations is one year; but if bodily injury is caused by environmental pollution, it should apply to damages due to environmental pollution in the 3-year statute of limitations provisions; foreign statute of limitations for contract 4 years. Note also that due to product defect caused harm, the statute of limitations for damages is 2 years. However, there are special circumstances, the court may extend the limitation period. But in any case, from the right has been violated more than two years from the date of the people's court shall not protect.
reference articles: going up?
not. statute of limitations when the cause of suspension after the time to continue the calculation, while the statute of limitations after the interruption, the limitation period has been ineffective, the limitation period to start calculation. the parties filed a lawsuit claiming rights to the other rights holders or consent of the other obligations will lead to interruption of limitation.
reference articles: complaint to the court for the parties to trial in civil disputes, legal instruments, must state the basic situation of the plaintiff and the defendant, the purpose of litigation, namely the Court's claim, the factual basis for the request and the legal basis and relevant evidence and witnesses names and contact address.
General to submit the complaint in accordance with the following format:
complaint
Plaintiff: Name: Sex: Age:
National: Title:
work unit:
Address: Tel:
Defendant: Name: Sex: Age:
National: Title:
work unit:
Address: Tel:
claim:
facts and reasons: < br> Sincerely
tttt People's Court
reference articles: > As long as the plaintiff and the case has a direct interest to prosecute the defendant has a clear, specific claim and the facts, reasons, and are prosecuted under the jurisdiction of the court to meet the conditions for prosecution, the court shall accept, not to can not win , inadmissible by reason of unreasonable litigation.
court after receiving the complaint shall be made within 7 days of filing or not to accept the decision and notify the parties.
reference articles: one hundred and eighth, article twelve
211 百一 court shall not accept you can be prosecuted?
if the parties think that the court should accept the case, ruled inadmissible without good reason, you can ruling within 10 days from the date of service of a higher court ruling on appeal; parties may also explain the Court's reasons for not accepting the changes must be made to meet the prosecution's request, re-prosecution if eligible, the court shall accept the case.
reference articles: rejection of a complaint can be charged up?
court filing that the prosecution does not meet the conditions for the future, decided not to accept the application, dismissed the prosecution's decision will be made. and the determination not to accept the same, the parties may appeal the determination to reject the suit or re-charged.
reference articles: what circumstances the court may be served with documents?
served the court in accordance with legal procedures and ways of litigation documents and legal documents sent to the parties and the behavior of other participants in the proceedings, the purpose is to facilitate their activities to better participate in the proceedings Therefore, should actively cooperate with the addressee.
court will usually deliver it directly or the mail to be served. If such a difficult delivery, but also commissioned the service of other courts. If by service refuses to sign, the court litigation documents can be placed in his home while deemed to have been served, the lien of service. For some special status of personnel, such as military personnel, prison or reeducation through labor is to take forward served. If a missing person to be served, or use the above method can not be served, the court can be served with notice that after 60 days of the notice period, the presumption litigation document has been delivered. throughout the proceedings , the Court will be according to law, the parties and other participants in the proceedings to a relevant litigation documents, such as notice by the case, evidence notices, subpoenas and civil order in writing, judgments, etc..
reference articles: 第七十七条, seventy-eighth and Article nineteen, eight ten, the first eighty-four
214 filed a counterclaim to meet? how to file a counterclaim?
defendant filed a counterclaim must be for the case the plaintiff, the general should be there with the plaintiff's claim in law or in fact do
implicated, or the court can not joinder, counterclaim also lost its real meaning, the defendant must be prosecuted. For example, tell the lessor the lessee housing requirements of the repair of leaking houses, the lessee pays the lessor can be counter-claim the rent owed to the claims against the lessee.
defendant filed a counterclaim in writing generally, you can complaint against the plaintiff's pleadings put forward their own claim, you can also submit a separate counter-complaint. If there is indeed a difficult writing or orally counterclaim, the court a written record of the staff, and inform the other party.
reference articles: and easy to determine the case before the court hearing the dispute.
the defendant's counterclaim is an independent claim, even if withdrawal of the plaintiff, the defendant's counterclaim were to continue, and will not be established without the plaintiff's withdrawal or termination.
Reference articles: requirements, grassroots people's courts and the court sent its facts are clear rights and obligations clear, simple little controversy when the summary procedure in civil cases, but except in cases where one of the following circumstances: (a) the prosecution of the defendant missing a; (b) remand; (c) a joint action of one or both parties in large numbers; (d) The law shall apply special procedures for trial supervision procedures, supervision procedures, the public notice procedure and businesses filing of a lawsuit a; (e) the people's court considers it inappropriate to proceed with the hearing of summary procedure.
practice, simple procedure to extend the trend, such as requirements, grassroots people's courts and the court sent its civil and commercial cases, the general application of summary procedure, but one of the following situations except: (a) bankruptcy cases; (b) of the prosecution case the defendant missing; (c) against labor dispute arbitration committee proceedings against the decision of the case; (d) A party to a joint action a large number of cases; (e) remand, retrial or the case of protest; (f) have a significant impact in this area, complex or difficult New types of cases; (vii) other appropriate application of summary trial proceedings.
reference articles: summary procedure for civil and commercial cases in a number of opinions, the people's court should be reviewed in accordance with the following respectively: (a) the opposition is justified, the case should be heard into the ordinary procedure, and the collegial panel and related issues written notice to the parties; (b) Objection not established, orally informed the parties and the record of the contents. transferred to general procedure of the trial of civil cases from the people's court filing period from the start to the day after.
reference articles: summary trial of civil cases for a number of provisions of Academy approval be extended for 6 months. If you also need to extend, you have to 报请上一级 court approval, may be extended for 3 months. Therefore, the ordinary procedure of first instance trial of the case maximum period of 15 months.
reference articles: ?
not the same. on appeal verdict shall be the date of filing the appeal within 3 months of the conclusion. there are special circumstances necessary to extend the president of the court approval be extended for 3 months. Therefore, the appeals hearing a maximum of 6 months. The first instance decision on the appeal shall be in the second trial within 30 days from the date of filing the final determination.
reference articles, you have time?
there. implementation of the case shall be the date of filing the implementation is completed within 6 months. non-litigation cases should be the implementation date of filing is finished within 3 months. Of course, if special circumstances need to be extended , the president of the court approval may be extended by 3 months, need an extension, to be progressively reported to the Higher People's court filing.
reference articles: provides that trial objection to jurisdiction and the jurisdiction of the dispute during the stay of proceedings or execution to resume proceedings or during the execution and implementation of auction, sell the seized during the seizure of property, etc., are not included in the trial period. Therefore, from filing to completion of the actual trial and execution time is usually spent longer than the trial period provided by law.
reference articles: should avoid? what circumstances need to avoid?
party may apply for withdrawal of personnel is not limited to the judges hearing the case (including the judges and the jury), if the case of the clerks, interpreters, experts, inspectors have legal must be avoided under the circumstances, the parties may also request to withdraw. on the implementation of personnel in the implementation process to avoid problems in the light of his withdrawal of the regulations.
applicable when the person is a party to avoid or the parties have direct blood relatives, collateral consanguinity within three generations, and affinity with the legal representative or a husband and wife, parent, child or sibling relations, must be avoided. In addition, as they or their close relatives in the case or the party of me and relationship between the existence of other cases which may affect the fair treatment must also be avoided. Here the word relations, which could affect the impartial adjudication of the case.
reference articles: the parties before the court hearing can be made to give up some or all of their claims of civil legal relationships in the same claim were abandoned to the corresponding loss of substantive rights, so has no claim to have been abandoned once again to the court.
reference articles: The withdrawal of an application after the withdrawal of the plaintiff's application will be reviewed, whether the purpose of reviewing its withdrawal legitimate, legal, whether it reflects the true intention of the parties. If the court considers qualified to permit the withdrawal; if the court will review found that withdrawal led to circumvent the law or harm the national, collective interests and legitimate rights and interests of others, or the party acts in violation of the law requires treatment according to the law,
will make a ruling, the plaintiff does not allow withdrawal.
after withdrawal of deemed beginning there is no prosecution, the plaintiff can, of course once again to the court, for protection of their rights.
reference articles: Procedural Issues> views include: plaintiff, having served with a summons, there is no justification for refusing to appear in court, or withdraws without the leave of the court; the plaintiff should be prepaid prepaid without court costs, the court after notice or application for relief is not prepaid, subtract, not free not yet received court approval prepaid; no capacity for civil conduct for the parties to the plaintiff, his legal representative refuses without justification by the summons to appear in court.
reference articles: In the Court accepts the case must be within a certain period after the submission of evidence, this period can be specified by the court under circumstances of the case less than 30 day period, can also be negotiated by the parties and approved by the court, the period called the . If a party fails to provide evidence, courts generally are not accepted.
reference articles: audio-visual materials can be used as evidence to you?
evidence that not only made itself must be legitimate and its means must also be legitimate in order to prove the facts of illegal evidence can not serve as a basis for decision. If the law prohibits use of the means of eavesdropping, stealing photos or to infringe the privacy of others obtained by means of audio-visual materials to illegal evidence. secretly audio and video recording without their consent, only in the absence of legal rights of others or against the violation of the law is not the case of prohibition can only be as a legitimate Admissions, it is necessary to judge the actual situation, and not simply legal or Yigai found Yigai illegal.
reference articles: > 228 witnesses have to testify in court do?
order to ensure the witnesses testify truthfully, the obligations of witnesses to testify in court, can not escape. only when the witnesses were old and infirm or unable to appear mobility, or due to special status does not leave, or the road is difficult especially long inaccessible to appear, or for reasons of force majeure such as natural disasters and other special circumstances can not appear in court to appear in court, you can submit written testimony by the leave of the court or by two-way audio and video recording or audio-visual communication technologies and other means to testify.
reference articles: prove the same facts, the court will determine the strength of its probative force, generally follow the following rules: State organs, social organizations, official documents produced in accordance with terms of certificate of proof is generally greater than other documentary evidence; exhibits, archives, conclusions, and examiners transcripts or notarized, registered documentary evidence, its probative force is generally greater than other documentary evidence, audio-visual materials and testimony of witnesses; the original strength of the evidence generally greater than the strength of the evidence heard; direct strength of the evidence is generally greater than circumstantial evidence of proof; witnesses on his close relationship with relatives or other parties favorable testimony, its probative force is generally less than the testimony of other witnesses.
reference articles: seventy-seven
230 sign for mediation before the parties go back on how to do?
mediation made by the court confirmed the settlement agreement the parties of legal instruments, and mediation service to the parties shall enter into force upon its receipt later. If sign one or both of the parties before the go back, do not want to sign for mediation, the mediation is not effective.
mediation must be directly served, if the parties refused to be treated as not to set up mediation, conciliation statement is invalid. this court should a situation promptly notify the other party, and the specific circumstances of the case continue the hearing verdict. Therefore, the mediation service shall not be the way to lien, otherwise contrary to the principle of voluntary mediation.
reference articles: Law br> Mediation is a voluntary agreement reached in mediation before the parties served, the parties still have the opportunity to consider whether to accept. If the parties do not agree to mediation, to be heard by the court ruling, so I do not have a party refuses to accept mediation issues does not allow parties to appeal. Since the commencement of mediation, and the proceedings will come to an end, the relevant rights and obligations between the parties will finalize the dispute, the parties to the same facts can not be re-indicted on the same defendant.
practice in the mediation in effect after the mediation, if mediation violation of the principle of voluntariness or illegal content mediation agreement, the parties can still apply for a retrial. the court upon examination that there is an error, reported approval of the president, according to trial supervision procedures; if not error, the court dismissed the complaint shall state the reasons for the request, the parties must be in accordance with the mediation to meet their obligations.
reference articles: Civil Procedure Law of People's Republic of Issues> views withdraws permission, the court will still make a ruling. This ruling is called random due to the absence of a party halfway, and to dispute the case be resolved according to law. Although the absence of one of the parties, but the judge still have to enforce the law when deciding a case, carefully examine the documents and evidence submitted by the parties, and to the interests of the absent party should be protected.
normal circumstances the court will not force the defendant to appear in court, but must appear in court the defendant, the court may force it to appear in court. This mainly refers to the defendant bears the maintenance, cultivation, maintenance obligations of the defendant does not appear in court can not ascertain the merits of the defendant and the state, collective, or minor damage to other people's legal representative. usually in the trial court to the plaintiff and the defendant three days before the service of a summons informing them of the court's time and place If the defendant refuses to appear without justification, the court will issue a summons to appear in court responding to notify the defendant. For a defendant to appear in court, after two served with a subpoena, or not appear, then, the court will issue a warrant to send it to the judicial police force court.
reference articles: Civil Procedure Law of People's Republic of Issues> view After the plaintiff refused to appear in court without justification or without the leave of the court the respondent withdraws, the court will normally withdrawal of treatment, rather than continue to hear cases and make judgments. However, if the accused filed a counterclaim, then the court may still the absence of the defendant's claim to make decisions.
reference articles: decisions include: local court of first instance decision, the court of second instance, after remand of first instance judgments and in accordance with procedures to make the retrial of the case decision. may appeal the decision in three ways: not to accept the ruling of the jurisdiction disagrees with the determination and the right to reject the action of the ruling. In addition to the judgments and decisions listed above, other decision or determination, such as in accordance with the special procedures of the trial decision or ruling made after the second instance court decision or ruling and the Supreme People's Court of Final Appeal The first instance verdict or decision is not appeal.
reference articles: the views of determination; or the original judgments and orders of the main facts of insufficient evidence; or the original decision or ruling wrong application of the law; or activities in violation of legal procedure the court; or judges in the trial of embezzlement, bribery, corruption, and perverted the law referee behavior.
reference articles: proposed. the parties apply for a retrial, it shall submit an application to the court, according to the number of the other party to provide copy of the application. application shall include the trial court and its decision or ruling of the number, apply for a retrial of the reason, according to, and content. for retrial will include: a party considers that effective mediation mediation presented evidence that a violation of the principle of voluntary mediation with the agreement or law, while the proposed retrial, the court substantiated by the investigation should be retried; the parties will not be accepted or rejected for prosecution The ruling may also apply for a retrial. but for a legally effective decision on dissolution of marriage can not be retrial. There is also, according to the procedure for supervising the public notice procedure and the filing of a lawsuit trial proceedings and trial in accordance with procedures after retrial is not the case upheld an application for retrial.
reference articles: Procedural Issues> view limit. In other words, as long as the court found that referees are in effect there is an error, or Procuratorate considers that the original decision or ruling force there and protest the fact that the statutory grounds for the protest, the court and the prosecutors will be able to process any retrial. The difference is that party applying for a retrial is a specific time limit, the parties should be legally effective judgments or orders made within 2 years after the retrial request.
reference articles: 238 legal instruments which can apply to enforce?
can apply for the implementation of legal instruments are mainly three types: the first category is made by the court with the implementation of the contents of the legal instruments, including civil judgments, decisions, mediation and criminal judgments and rulings part of the property; second category is the production of other organs of the implementation of legal instruments by the courts, including the notary public making the claims enforceable instrument made by the arbitration court enforcement authorities of the arbitral award; third category is the court made recognition and enforcement of foreign court judgments, arbitration ruling or the ruling of a foreign arbitral award.
reference articles: the implementation of which court should apply?
mentioned above, if the first type of instrument, that is made by the court with the implementation of the contents of legal documents, the court of first instance shall apply to the implementation of the case. If the implementation of force the order of payment should be paid to making the implementation of court orders; if the law and other legal instruments, such as the arbitration award, notarized debt instruments should be the domicile of the debtor's property or the location of the implementation of the Court to perform. two or more courts have jurisdiction, the parties may apply to one court for enforcement; the parties to the court for more than two, the people's court from the jurisdiction of the case first.
reference articles: Law both parties are legal persons or other organizations, the period of 6 months. The period from the legal instruments for the last day of the period of performance starting, if the provisions of legal instruments is performed in stages, then the time required to perform from starting the last day of the period.
reference articles: No solvency, he can guarantee to the court, this time as executor agreed to apply, the court may decide to suspend. enforcement of security can be secured by the debtor to provide the property, then the court should submit letters of assurance you can have on behalf of the ability to perform and be liable to provide third party guarantees, guarantees should be submitted at this time. suspend the time limit should be consistent with the warranty period, but the maximum period of not more than 1 year. If the person such as the suspension after the expiration of the period still to fulfill their obligations the court may direct the implementation of enforcement of security of property or the property of the guarantor.
reference articles: in the implementation process, the applicant and executed after the implementation of voluntary negotiations, you can reach an agreement, subject to examination and approval by the court to end the program. Therefore, the court's executive officer shall make a settlement agreement the parties
recorded in writing, signed and sealed by both parties. If the party was not to fulfill the settlement agreement, the court may apply other
party, and then restore the original execution. Application deadline for the implementation of the suspension reached a settlement agreement, the settlement agreement of
limit determined from the performance of the continuous calculation of the final day of play.
reference articles: termination of how to do?
death if a natural person to be enforced, and his heirs did not give up inheritance, the court ruled that changes can be executed by the heirs to inherit property in the context of the commitment to repay the obligations. as successor to give up inheritance, the court may direct the implementation of heritage. If the debtor is a legal person or other organization, then if its division, merger, after the change of its rights and obligations of legal persons or other organizations to bear. if the debtor as a legal person be revoked, but also who bear the rights and obligations, then the court may determine that the person succeeding to be enforced. If other organizations can not meet their obligations, but also ruled that the Executive shall assume the obligations of the organization ...