Full text of the provisions on the cause of action of civil cases

Notice of the Supreme People's Court on Printing and Distributing the Provisions on the Cause of Action of Civil Cases (Trial)

(Fa Fa [2] No.26)

Higher People's Courts of all provinces, autonomous regions and municipalities directly under the Central Government, Military Courts of the People's Liberation Army and Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region:

The Provisions on the Cause of Action of Civil Cases (Trial) are hereby printed and distributed to you, since.

the provisions on the cause of action of civil cases (for trial implementation) (hereinafter referred to as the provisions (for trial implementation)) divides the cause of action of civil cases into four parts. The first part, the second part and the third part belong to the cause of action of the case which is applicable to the ordinary procedure, and generally should include two parts: the legal relationship of the parties' disputes and their disputes, such as the quality dispute of the sales contract, but the Provisions (Trial) only lists the legal relationship of the parties' disputes, and the disputed part of the parties is determined by the accepting court according to the specific disputes of the parties. The fourth part is the cause of the case for which the special procedure is applicable, which can be directly expressed according to the litigation request of the parties.

when the court of first instance files a case, it can determine the cause of action according to the prosecution of the parties. When the legal relationship brought by the parties is inconsistent with the legal relationship of the actual litigation, the actual legal relationship between the parties identified by the court shall be taken as the basis for determining the cause of action when the case is closed. For example, if the name is a joint venture, it is actually a loan dispute. The parties involved in the same lawsuit have different legal relationships. If a case involves a master-slave contract relationship, the cause of action shall be determined according to the legal relationship involved in the master contract. If a dispute arises only from a subsidiary contract, the cause of action shall be determined according to the legal relationship involved in the subsidiary contract and the dispute between the parties, such as the dispute over the validity of the guarantee contract.

the regulations (for trial implementation) divide the causes of action into four parts, 54 categories and 3 kinds, and the causes of action are numbered uniformly with Arabic numerals. In order to facilitate judicial statistics, according to the specific situation, a few causes of action list some special or common multiple items (expressed by Arabic numerals and parentheses), but such causes of action are not limited to the indicated items. The people's court shall directly apply the causes of action or one of them in a case, such as an adjacent water dispute.

if there are any problems in the trial, please report to our hospital in time.

Chinese people * * * The Supreme People's Court, the People's Republic of China

October 3, 2

Provisions on the cause of action of civil cases (for Trial Implementation)

Contents

Part I: Causes of contract disputes

Part II: Ownership, infringement and unjust enrichment, Cause of action for managing disputes without cause

Part III Cause of action for marriage and family disputes

Part IV Cause of action for applying special procedures

In order to correctly apply the law and uniformly determine the cause of action, according to the general principles of civil law, contract law and civil procedure law, The provisions on the cause of action of civil cases are as follows:

Part I: the cause of action of contract disputes

1: subrogation disputes

2: cancellation rights disputes

(1) cancellation of the debtor's abandonment of due creditor's rights

(2) cancellation of the debtor's transfer of property for free

. Disputes over reward advertisements

3. Disputes over reward advertisements

IV. Disputes over sales contracts

4. Disputes over sales contracts

(1) Disputes over installment sales contracts

(2) Disputes over sales contracts based on samples

(3) Disputes over trial sales contracts