Current location - Quotes Website - Collection of slogans - What is the duty of the court filing division?
What is the duty of the court filing division?
1. What is the duty of the court filing division?

1. The duties of the court archives office are as follows:

(1) Review and decide to file a case or rule that it will not be accepted;

(2) filing a case for registration;

(3) review and file a case;

(4) Apply for retrial, and decide whether to file a case for retrial;

(5) Filing other cases.

2. Legal basis: Article 254 of the Criminal Procedure Law of People's Republic of China (PRC).

Subject and reason for starting the trial supervision procedure If the presidents of people's courts at all levels find that there are errors in ascertaining the facts or applying the law, they must submit them to the judicial committee for handling.

The Supreme People's Court has the right to send back or instruct the people's courts at lower levels to retry the legally effective judgments and rulings of the people's courts at all levels. If the people's courts at higher levels find that there are indeed mistakes, they have the right to send back or instruct the people's courts at lower levels to retry.

The Supreme People's Procuratorate has the right to lodge a protest with the people's court at the same level in accordance with the procedure of trial supervision if it finds that the legally effective judgment or ruling of the people's court at all levels is wrong, and the people's procuratorate at a higher level has the right to lodge a protest with the people's court at the same level in accordance with the procedure of trial supervision.

When a people's procuratorate protests a case, the people's court that accepts the protest shall form a collegiate bench for retrial. If the facts of the original judgment are unclear or the evidence is insufficient, the people's court at a lower level may be ordered to retry.

Second, what are the basic conditions for the court to file a case?

1. The plaintiff is a citizen, legal person and other organization that has a direct interest in this case;

2. There is a clear defendant;

3, there are specific claims and facts and reasons;

4. It belongs to the scope and jurisdiction of the people's court to accept civil litigation.