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Legal proceedings

Legal proceedings are divided into civil proceedings, criminal proceedings, etc. Taking civil litigation as an example, the civil litigation process is:

1. Sue, that is, submit a complaint to the filing division of the court with jurisdiction.

2. Case filing review

If the case filing conditions are met, the parties will be notified to pay the litigation fees within 7 days, and the case will be filed after payment; if the case filing conditions are not met, the case will be ruled inadmissible.

If you are dissatisfied with the ruling to dismiss the lawsuit, you must appeal to the higher people's court within 10 days.

After accepting the case, the court will serve a copy of the complaint to the other party within 5 days, and the other party will respond within 15 days, notify the party to exchange evidence, and make a property preservation ruling based on the party's application, and execution will begin immediately.

3. Scheduling a court session

Notify the parties 3 days in advance of the court date, location, and person in charge; public hearing cases will be announced 3 days in advance.

4. Court hearing

Announce the opening of the trial, verify the identities of the parties, announce the members of the collegial panel, inform the parties of their rights and obligations, and ask whether to apply for recusal

Court investigation: statements of the parties Facts of the case.

Extended information:

Litigation activities

1. Litigation activities are also called litigation activities, which refer to the activities carried out by judicial organs and litigants in accordance with legal procedures. A legal act that has the effect of litigation. This includes the filing, investigation, prosecution, detention, arrest, and trial of criminal cases by judicial organs; the acceptance, investigation, evidence collection, and mediation of civil cases, as well as the parties prosecuting, responding to lawsuits, providing evidence, and conducting debates or defenses.

2. In addition to the conditions for general legal actions, litigation actions must also meet the conditions stipulated in the Procedural Law. That is to say: the case must be under the jurisdiction of the judicial authorities; the parties must have the capacity to be litigants, the criminal perpetrators must have the capacity for criminal responsibility, and both have the capacity to litigate (people without the capacity to litigate shall be prosecuted by their litigation agents in accordance with the law).

The case must have not yet been determined by a court judgment (cases in which judgments and rulings have taken effect will be handled according to trial supervision procedures); those that are handled before filing must have a complaint from the victim, etc., and civil lawsuits must be filed by the parties .

3. Since civil litigation procedures occupy a basic position among the three major litigation procedures, the following section will focus on civil litigation behaviors and their adjustment rules.

Baidu Encyclopedia-Litigation Procedure