Compulsory measures that impede civil litigation are mandatory measures stipulated in the Civil Procedure Law, and their purpose is to eliminate obstruction and ensure the smooth progress of civil litigation. Coercive measures that impede civil litigation apply to the entire process of civil litigation, including both the trial stage and the execution stage. Compulsory measures that impede civil proceedings are applicable to a wide range of objects, including the parties to the case, agents ad litem, and other litigation participants, as well as people outside the case who impede civil proceedings, such as bystanders. 1. Civil litigation has the following characteristics:
(1) Civil litigation has public rights
Civil litigation is a judicial way to resolve disputes between equal subjects, and the court represents the state. Exercise judicial power to resolve civil disputes.
(2) Civil litigation is mandatory
Mandatory is an important attribute of public power. The compulsory nature of civil litigation is reflected both in the acceptance of cases and in the execution of judgments.
(3) Civil litigation is procedural
Civil litigation is a litigation activity conducted in accordance with legal procedures. Whether it is the court, the parties and other litigation participants, they need to be established in accordance with relevant laws. Litigation actions are carried out according to prescribed procedures. Violation of litigation procedures will often cause certain legal consequences.
2. Other characteristics of civil litigation
1. The subject of civil litigation is composed of the court, the parties, other litigation participants and the procuratorate. Among them, the court and the parties are the basic subjects of civil litigation, and the absence of any one of them cannot constitute a civil litigation;
2. Civil litigation relies on the coercive power of the state to resolve civil disputes;
3. The disputes resolved by civil litigation are disputes about civil rights and obligations;
3. Preparation for civil litigation trial
(1) Summon the parties and notify other litigation participants to appear in court to participate in the litigation.
(2) For cases that are heard in public, the people's court shall announce the names of the parties, the cause of the case, and the time and place of the hearing three days before the hearing.
(3) Find out whether the parties and other litigation participants are present in court, and declare court discipline.
Legal basis:
"Civil Procedure Law of the People's Republic of China"
Article 7 When hearing civil cases, the People's Court must be based on facts , taking the law as the criterion.