I. Conditions for prosecution
(i) the plaintiff was a citizen, legal person and other organization with a direct interest in the case
(ii) there is a clear accused
(iii) with specific claims and facts and reasons
(iv) the scope of civil proceedings before the people's court and the jurisdiction of the people's court。
Ii. Matters to be recorded in the indictment
(i) name, sex, age, nationality, occupation, workplace, domicile, contact information, name of legal person or other organization, domicile and legal representative or principal responsible person
(ii) information on the name of the defendant, gender, workplace, residence, legal person or other organization, residence, etc.
(c) the claim and the facts and grounds on which it is based
(iv) evidence and sources of evidence, name and residence of witnesses。
Iii. Format of civil indictments
Civil indictments (model)
Plaintiff: name, sex, date of birth, nationality, address, telephone, postage
Defendants: name, sex, date of birth, nationality, address, telephone, postage
Subject matter:
Motions of action:
1
2
Facts and reasons:
Evidence and sources of evidence, name and address of witness:
Here you go
The people's court
Prosecutor:
Date
Annex 1: copies of this memorial
Table of evidence
Iv. Information to be submitted in civil proceedings
Civil indictment signed or stamped. Number of submissions: one court and several (subsequently)
Originals and copies of personal identification documents (e. G. Identity cards, officer's certificates, passports, etc.). If you are a self-employed person or a representative, you must also carry a licence and a copy, together with the legal representative or principal official's identification
Necessary evidentiary material。
Special tips:
If an identity card is lost, it can be issued at the local police station。
Matters requiring attention upon receipt of a summons from the court
Please look closely at the following information contained in the summons:
(i) subject matter: there are two main subjects: trial or sentencing. A hearing indicates that the case is to be formally heard or continues; a hearing indicates that the case is to be disposed of。
(ii) judges and clerks: a summons will include the name and contact information of the presiding judge and clerk, and you may contact them on your own initiative。
(iii) time: work and life should be arranged well in advance, in accordance with the length of the session, to ensure that attendance at the hearing is on time, in exceptional circumstances, and that the judge or the clerk is contacted promptly。
(iv) address: a court location and court number will appear on the summons。
Please be present at the hearing of the case at the time of the summons. If the plaintiff is absent without good reason, the court may dismiss the complaint. The court may decide in absentia if the defendant is absent without good reason。
Vi. Caution that delays in appearing before the court
If justified, an application may be made to the court to adjourn the hearing
The judge or the clerk should be contacted promptly before the hearing, and the court should decide whether to postpone it
A hearing may be adjourned if:
(i) the parties and other participants in the proceedings who must be present are not present for reasonable cause
(ii) if the parties make an application for recusal on an interim basis
(iii) the need to notify new witnesses, to solicit new evidence, to re-evaluate, to examine, or to conduct additional investigations
(iv) other circumstances which warrant extension。
Vii. Possible presentation of the application to debate or the court to replace
The people's court shall hear the plaintiff's withdrawal or the people's court's withdrawal of the complaint and the plaintiff's motion for re-action in the same suit。
Divorce cases where the plaintiff withdrew or was dismissed are inadmissible without new circumstances, new grounds and within six months。
Appeals
If the decision of the local courts in the first civil case is found to be incorrect:
(a) the right of appeal to a higher people's court within 15 days from the date of the delivery of the judgement, if the person contests the first instance judgement of the local people's court
A person who contests the first instance decision of the local people's court has the right to appeal to the higher people's court within 10 days of the date on which the decision is served。
Special tips:
(b) in civil proceedings, appeals are generally only available if there is a decision of inadmissibility, a decision challenging the jurisdiction of the court and a decision dismissing the complaint
A civil action subject to foreign proceedings has special provisions on when to file an appeal。
Form of civil pleadings
The civil complaint shall include:
(a) basic information of the person concerned (e. G. The name of the person concerned, the name of the legal person and the names of its legal representatives or of other organizations and the names of their principals)
The name of the court of first instance, the number of the case and the subject matter
(a) motions and grounds for appeal
The name of the court, the signature or seal of the person and the time of writing of the memorial。
Civil pleadings (model)
Appellants: name, sex, date of birth, nationality, address, telephone, postage
Appellants: name, sex, date of birth, nationality, address, telephone, postage
The appellant is now appealing against civil judgement (or decision) no. ( ) of the people's court of dated 。
Motions of appeal:
Facts and reasons:
Here you go
The people's court
Appellants:
Date of
Notes
(a) motion to appeal: indicate whether the original sentence is to be set aside in full or in part
Facts and reasons: primarily for the original decision, not for the other party。
The main arguments against the original judgement and decision are the following:
(a) the findings of lack of clarity and insufficient evidence
The nature of the original determination is inappropriate
3. Misapplication of substantive law
4. Violations of due process, etc。
Conditions for the re-trial of civil cases
Article 200 of the code of civil procedure stipulates that the people's court shall re-examine the application of a person who:
(i) there is new evidence sufficient to reverse the original judgement or decision
(ii) the original judgement, the fundamental facts of the determination, are unsubstantiated
(iii) the original judgement, the main evidence found to be the facts, was forged
(iv) the original judgement, the principal evidence found to be facts, has not been examined
(v) with regard to the principal evidence required for the examination of the case, the person cannot, for objective reasons, collect it on his or her own, apply in writing to the people's court for investigation and collection, which the people's court did not investigate
(vi) the original judgement or decision that the applicable law is wrong
(vii) if the composition of the trial organization is unlawful or if the trial personnel are required by law to recuse themselves
(viii) a person who is incapable of doing so without a legal representative acting on his or her behalf or on behalf of a party who is or should have participated in the proceedings, because he or she cannot be attributed to himself or to his or her representative
(ix) deprivation of the right to debate in violation of the law
(x) if the judgement is passed in absentia without having been subpoenaed
(xi) if the original judgement, decision or decision is omitted or exceeds the claim
(xii) the legal instrument by which the original judgement or decision was rendered is set aside or modified
(xiii) the trial is conducted by judges in the form of corruption, fraud and miscarriage of justice。
Xi. Statute of limitations in civil cases
An application for re-examination by a party shall be made within six months of the judgement and its legal effect. If there is new evidence sufficient to overturn the original judgement, ruling, or the original judgement, ruling that the principal evidence of the facts is forged, or the legal instrument on which the original judgement or ruling was based has been revoked or changed, or if the trial is conducted by a judge who is guilty of corruption, fraud or miscarriage of justice. Submitted within six months of the date on which it knew or should have known。
A decision or settlement of the dissolution of a marriage, which has already taken effect, may not be re-examined, but may be re-examined in respect of the division of property that has been dealt with in the case of divorce。
Xii. Decision to apply for re-examination
(i) inadmissibility decisions
(ii) dismissal of an indictment decision
(iii) article 311 of the supreme people's court interpretation of the application of the civil procedure law of the people's republic of china provides that a person who considers that a legal effect has occurred is inadmissible and that the decision rejecting the complaint is incorrect may apply for reconsideration。
The question of whether the decision to automatically withdraw an appeal can apply for re-examination is disputed during the drafting of this judicial interpretation. In view of the fact that the parties can apply for relief of re-examination directly against the first-instance judgement, if the application for re-examination of the decision on automatic withdrawal of the appeal is allowed, the first-instance judgement, which has entered into force or even completed, becomes null and void and the procedure is difficult to operate, so it is ultimately not provided for that type of decision to be re-examined。
January 1808
