In the new Civil Procedure Law, is the review of payment orders a formal review or a substantive review?
Article 214 If a creditor requests the debtor to pay money or securities and meets the following conditions, he may apply to the basic people's court with jurisdiction for a payment order:
( 1) The creditor and the debtor have no other debt disputes;
(2) The payment order can be served on the debtor.
The application shall state the amount of money or securities requested and the facts and evidence on which it is based.
Article 215 After a creditor files an application, the people's court shall notify the creditor within five days whether to accept the application.
Article 216 After accepting the application, the people's court shall, after reviewing the facts and evidence provided by the creditor, find that the relationship between the creditor's rights and debts is clear and legal, and shall issue a notice to the debtor within fifteen days from the date of acceptance. Payment order; if the application is not established, the ruling shall be dismissed.
The debtor shall repay the debt within fifteen days from the date of receipt of the payment order, or submit a written objection to the people's court.
If the debtor neither raises any objection nor performs the payment order within the period specified in the preceding paragraph, the creditor may apply to the People's Court for execution.
Article 217: After receiving a written objection from the debtor, the people's court shall, after review, find that the objection is established, and shall rule to terminate the supervision procedure and the payment order shall automatically become invalid.
If the payment order becomes invalid, it will be transferred to litigation proceedings, unless the party applying for the payment order does not agree to initiate litigation.
=======Substantive review===== Is the objection to payment order in a civil lawsuit in the judicial examination a substantive review or a formal review? Teacher Guo Xiang said it was a substantive review, while other teachers said it was a formal review.
Yang Xiuqing: The review in the supervision procedure is non-substantive, that is, the people's court only conducts the review based on the written materials provided by the creditor without going through the debtor's defense, and the court does not conduct substantive court investigations into the payment order. and review. Is the objection to the payment order subject to substantive review or formal review? There are various opinions, Guo Xiang said substantive review, Zhang Nengbao said formal review
The three major books in 2014 talked about whether formal review is formal review or substantive review
Substantive review_Baidu Encyclopedia
: baike.baidu./link? URL = 6LLTE6XHTJO93CCLXTUF14GSAPKVATYZWV7HBNZAKKZUMIBHDOUDNVAOQCPIX-EWMXSLZGGDGG9vx1q
Formation of formal censorship =K99wqCB3ceUFeRCiREvsJdw51uSbymBoKoEKSUW0_ITQXFVYpeYmN-o1SN2K8IkCsyAcq0OG2k9sP5B0TqRJqq Is marriage registration a formal review or a substantive review?
In theory, it is a formal review. In actual work, the main task is to check whether the man and woman are married in the system. This kind of review actually means a bit of substantive review. However, the question of close relatives still depends on the parties’ statements.
Is industrial and commercial registration a formal review or a substantive review?
According to the "Company Law" and relevant registration laws and regulations, industrial and commercial registration is a formal review, and the materials provided by the parties are Legal liability for authenticity. However, the industrial and commercial registration authority may sometimes conduct substantive examination of materials that are obviously suspicious. The examination obligation of the acceptance bill bank is whether it is a formal examination or a substantive examination
It is an examination of the formal requirements of the bill, including the continuity of endorsement and the identity certificate or valid certificate of the holder.
Is my country’s formal review or substantive review of real estate registration?
Formal examination is registered on a piece-by-piece basis according to the provisions of the Property Law. The Property Law has come into effect, but the problem is that supporting registration regulations have not yet been issued! Should the word "TM" in a trademark be used after formal examination or after substantive examination?
R is the abbreviation of REGISTER, which means registered trademark when used in trademarks. Article 37 of the "Regulations on the Implementation of the Trademark Law of the People's Republic of China" stipulates that the use of registered trademarks can be "Registered trademark" or registered mark is marked on the product, product packaging, instruction manual or other attachments. Registration marks include (Note plus ○) and (R plus ○). When using a registered mark, it should be marked on the upper right corner or lower right corner of the trademark. It is a registered mark recognized by most countries in the world, but not all countries. It is a registered trademark mark in China and the United States. TM is the English abbreviation of TRADEMARK, which is used on trademarks and indicates that the trademark has been registered or has been applied for or has not been registered. TM is relative to SM (service mark). TM is a product of American law. There are no relevant provisions in Chinese law. As notations, the more accurate meaning should be a trademark mark. Its use does not require a U.S. patent trademark. There is no need to submit an application to the US Patent and Trademark Office for approval. We often see TM marked on some products in the market. What does this mean? This is a way for the manufacturer to indicate to others that it is using a specific word or graphic as a trademark. In this case, the trademark is usually not yet approved for registration. --------------------Excerpted from the brochure "2004 China Tour Seminar on Improving Entrepreneurs' Trademark Awareness". (Note: This booklet is published with the help of the European Union, and its content is the responsibility of the European Office for Harmonization in the Internal Market and the Trademark Office of the State Administration for Industry and Commerce of China)