Many people may not be exempted from criminal litigation cases, but they will be restricted by the civil procedure law, and their civil rights and interests will sometimes be damaged by torts committed by others. At this time, Citizens can file a civil lawsuit request with the People's Court. At this time, the People's Court needs to hear the case according to the trial process of civil litigation. ?Summary of the trial procedures of civil cases in the people's courts at all levels? The Supreme People's Court? Summary of the trial procedures of civil cases in the people's courts at all levels? On October 17, 1956, the Supreme People's Court? 1. Acceptance of cases The first acceptance by the people's courts at all levels in the past There are two types of civil cases: those brought directly by the plaintiff (including individuals, institutions, enterprises, and groups) and those transferred by other people's courts. Some individuals sue with pleadings, and some make oral complaints with the People's Court writing pleadings or recording oral complaints on their behalf; agencies, enterprises, and groups often use official letters to sue. Some people's courts charge litigation fees when accepting cases. In the future, no matter whether individuals sue or institute, enterprise or group sues, as well as when the People's Procuratorate files lawsuits on important civil cases related to the interests of the country and the people, a complaint shall be used, and copies of the complaint shall be submitted according to the number of defendants. When an agency, enterprise, or group files a lawsuit, it must have a representative, and may also entrust an agent to act as its agent; if the party concerned is unable to write a complaint, it may be written by the legal advisory office or the reception room of the People's Court. The format of the complaint can be tried out by referring to the format issued by the Ministry of Justice, but it is not currently appropriate to force the use of a certain format for complaints written by the masses. The people's court at a higher level may directly transfer the cases transferred between the people's court at the lower level and the people's court at the same level by ruling. The people's court that receives the transferred case shall accept it. If it has any objections, it may submit it to the people's court at the higher level after accepting the case: When a court transfers a case to the people's court at a higher level, it can transfer the case in a report. Regarding the collection of litigation fees, separate regulations will be made by the Ministry of Justice. ?2. Preparations before hearing a case When a people's court tries a civil case of first instance, except for simple civil cases and cases otherwise provided for by law, it shall be conducted by a collegial panel composed of one judge and two people's assessors, with the judge serving as Presiding judge; when the president or division chief participates in the trial of a case, he or she shall serve as the presiding judge. The clerk serves as record-keeper. After receiving the case and reviewing the case file materials, if the judge considers it to be a simple civil case, he or she may report the case to the president or division chief for a decision, and a single judge shall judge the case alone. In order to ensure that cases are handled correctly, legally and promptly, based on the experience of people's courts in various places, judges must carefully do the following tasks before opening a court hearing: (1) Review whether the case should be accepted and whether the prosecution procedures are complete. When accepting a case, it should be examined whether the plaintiff has the right to make a claim, whether the case should be handled by the People's Court and whether it should be under the jurisdiction of this court. If the plaintiff has no right to make a claim, the case shall be dismissed with a ruling and the written ruling shall be served on the plaintiff; for cases that should be handled by administrative agencies according to law or that do not fall under the jurisdiction of this court, they shall be transferred to the relevant agencies or the people with jurisdiction. The court shall handle and transfer the case to the plaintiff. After the case is decided to accept, it should be reviewed whether the prosecution procedures are complete, such as whether the plaintiff has signed or sealed the complaint, whether the addresses of both parties are clear, whether copies of the complaint have been submitted according to the number of opponents, and the types of exhibits and attachments submitted. and whether the number of cases is consistent with what is stated in the complaint, etc. If there are any deficiencies or discrepancies, the plaintiff should be notified to make corrections. (2) Investigate and collect evidence. When the evidence materials submitted by the parties are incomplete, they may be informed to supplement them; in order to find out the facts of the case, if the People's Court deems it necessary, it shall also take the initiative to comprehensively investigate and collect evidence, and may conduct appraisals. Investigation and evidence collection must be carried out in a purposeful and planned manner, and an investigation outline should be drawn up before investigation of major and complex cases. The investigation can be carried out by the people's court that accepts the case on its own, or it can be entrusted to other people's courts to investigate on its behalf. The people's court entrusted with the investigation shall conduct the investigation seriously and responsibly, and shall generally respond to the investigation within 15 days. If there are special reasons why the investigation cannot be completed within 15 days, the reasons shall be explained to the entrusting people's court.

During the investigation, attention should be paid to the relationship between the witness and the parties involved, and whether the testimony given by the witness was personally encountered by him or heard from others; the authenticity of the physical evidence should be identified. During the on-site inspection, the parties and relevant witnesses should be notified to be present, or relevant units (such as public security police stations, residents' organizations, people's mediation committees, etc.) should be invited to send personnel to assist as needed. During the investigation, both parties and witnesses can be summoned for questioning in order to fully collect evidence. At the same time, investigators should prepare transcripts on the spot (such as interrogation transcripts, inspection transcripts, etc.). The transcript shall be read to the person being interrogated or handed over to him for personal review, and shall then be signed or sealed by the person being interrogated (or a fingerprint may be used instead of a signature or seal, the same below). If the person being questioned refuses, it should be noted in the transcript. The investigator should also sign the transcript and indicate the time and location of the investigation. If appraisal is necessary, specialized technical personnel should be designated or personnel from the technical department should be assigned to be responsible for the appraisal. Before the appraisal, the appraiser should be informed of his legal responsibilities, the appraisal requirements should be explained to the appraiser, and the materials needed for the appraisal should be provided. The appraiser also has the right to make such requests. The parties may be allowed to be present during the appraisal, and the appraiser may ask questions to the parties and witnesses, and the parties may also ask questions to the appraiser. After the appraisal, the appraiser shall make a written appraisal opinion and sign or seal it, and the people's court shall inform the parties of the appraisal result. In the future, when people's courts at all levels entrust technical departments to send personnel to conduct appraisals, they should require the appraiser to sign or seal the appraisal opinion. The signature should not be just signed by the agency. At the same time, the appraiser should also provide a positive opinion on the appraisal opinion. Otherwise, The People's Court may ask him to conduct a new appraisal or find another appraisal. (3) Decide to take preservation measures. After preliminary investigation of the case, if it is believed that the defendant is indeed likely to sell, squander, transfer or conceal the property, in order to prevent difficulties in the execution of the judgment, the people's court may proactively take preservation measures based on the plaintiff's application or ex officio. In the past, the preservation measures taken by people's courts in various places generally included four types: sealing, detaining, freezing and providing property guarantee when necessary. These can continue to be used depending on the situation. In addition, some people's courts have decided to pay wages, living expenses, and child support issues that need to be resolved urgently in the case before making a judgment. Some people's courts can also use these methods to sell items that cannot be kept for a long time and save the price. An appeal may be filed against a ruling on sealing, detaining, freezing, providing property guarantee, or making an advance payment, but execution cannot be suspended due to filing of an appeal until the People's Court of Appeal has not revoked the ruling. (4) Trial mediation. For those cases where the facts of the case have been clarified and mediation is possible (not all cases), in order to enhance the unity among the people and facilitate the development of production, the judges who accept such cases can try mediation, and the parties can also request mediation at any time. However, except for marriage cases, mediation is not a necessary procedure for litigation, and it does not mean that there cannot be a trial without mediation. Mediation can be conducted within the People's Court or outside the People's Court. Mediation must be voluntary by both parties and must comply with policies, laws, and decrees. During mediation, the judges generally first explain policies, laws, decrees and provide solidarity education, and then the two parties consider and negotiate. If mediation is established, both parties shall sign or seal the mediation transcript. The judge and clerk presiding over the mediation shall also sign, and then a mediation letter shall be issued. If mediation fails, a trial will be held. Mediation established under the auspices of the People's Court has the same effect as a judgment. If one of the parties regrets it later, and if the original mediation was indeed erroneous upon review, it may be handled with reference to the trial supervision procedures stipulated in Article 12, Paragraph 1, of the Organic Law of the People's Court. First, the collegial panel can summon both parties and then conduct mediation. If mediation fails, a trial will be held. If there are no errors in the original mediation after review, no repentance should be allowed. If the debtor repentes without justifiable reasons, and the creditor applies for execution, enforcement can be enforced. If a lawsuit has been filed in court and the two parties have reached a settlement outside the court, both parties shall withdraw the case in writing. A case that has been withdrawn through reconciliation between the parties shall not be prosecuted again for the same subject matter unless there are justifiable reasons.

Other transcripts do not need to be read out in court, but the judge must inform the parties or their attorneys in court that they have the right to request access to the transcripts. The judge and the clerk must sign the transcript. When the judge signs the transcript, he must review it seriously and responsibly. If the content recorded in the transcript is inconsistent with the actual situation, it must be corrected. If a party or his agent requests to review the transcript, it should generally be handed over to him or read to him immediately after the court is closed, and he should be allowed to make excerpts; if the case is complicated and the transcript needs to be compiled, it can also be done 3 days after the court is closed. Within days, hand it to the party or his agent to read to him or her. If a party or his agent believes that the transcript is incorrect or incomplete, he or she may put forward an opinion immediately after reviewing it or within 3 days; if the judge agrees with the opinion of the party or his agent, he will amend the transcript. , if the party disagrees with the amendment, the opinions of the parties or their attorneys and the reasons for disagreeing with the amendment can be written in an attachment. Transcripts that have been reviewed by the parties must be signed or sealed by the parties; the clerk should indicate the circumstances of the review by the parties in the transcripts. ?4. After the debate on the case is concluded, the judge adjourns the case and leaves the court with the people's assessors for deliberation. In the review, you should first consider whether the facts of the case have been fully investigated. If it is believed that the facts of the case have been fully investigated, we will proceed to study how to resolve the case, what policies, laws, and decrees should be applied, how to handle the evidence, and other issues, and formulate a judgment. If it is considered that the facts of the case have not been fully investigated, measures to continue the trial should be determined. During the deliberations, people's assessors and judges enjoy equal rights, and all issues must be jointly studied and resolved. If there is a disagreement, the decision will be made based on the principle of majority rule, but the different opinions must be recorded in the review record. All persons participating in the review shall sign the review record (the review record shall be kept confidential and shall not be read by the parties and their agents). Regarding the format and writing of first-instance civil case judgments, there used to be great inconsistency across regions. Based on the practical experience of people's courts in various places, the following opinions are put forward: First, state the name of the People's Court and the type of judgment at the beginning of the judgment, that is, write "Civil Judgment of a certain People's Court" and indicate the case number below. In the party column, write "Plaintiff XX" and indicate his address. If there is an agent, write "Agent XX" in the plaintiff's line; if the lawsuit is filed by the People's Procuratorate, write "Plaintiff XX People's "Procurator General (member) of the Procuratorate XX"; then write "Defendant XX" and his address, the same as before if there is an attorney. If the party concerned is an agency, enterprise, or group, write the name, position, address, etc. of the representative on the next line to the name of the agency, enterprise, or group, for example, "Plaintiff (Defendant) XX Department", and write "Representative" on the next line. So-and-so, position, address." If a third party with an interest in the case participates in the litigation, write "participant XX". If the People's Procuratorate participates in the litigation, write "In this case, the Chief Procurator (member) of the People's Procuratorate XX participated in the litigation." The "cause of action" should be written on a separate line after the parties. Then, the date of the court hearing of the case, the names of the members of the collegial panel and the name of the clerk who serves as the recorder, and whether the case will be heard in public are listed in order. Secondly, state the facts, reasons, and judgment in the judgment. The facts part should state the plaintiff’s request and the facts and claims disputed by both parties. The reasons should state the basis for the people's court to determine the facts and apply policies, laws, and decrees. The judgment part should state how the case will be handled. In terms of specific writing methods, the facts and reasons of the judgment can be written together or separately. The judgment must be thoughtful and persuasive, with clear paragraphs, and strive to be popular. Thirdly, at the end of the original judgment, it is stated: "If you are not satisfied with this judgment, you should submit an appeal and a copy to this court within 10 days from the day after receiving the judgment, and appeal to the People's Court of XX"; the year and month when the judgment was made. , day; "The judge of the civil tribunal of a certain people's court (if he is an assistant judge, he can be said to be an acting judge; the president or chief judge who participates in the trial of a case should write judge) so-and-so, the people's assessor so-and-so So-and-so, so-and-so”.

At the end of the original judgment, it is also necessary to write in order: "This document proves to be the same as the original"; the year, month and day when the original judgment was made; "Clerk XX" (i.e. the clerk responsible for making the original according to the original judgment) member). The format and writing method of the ruling used by the people's court of first instance are basically the same as the judgment, and the content is generally relatively simple. The signature on the ruling shall be the same as that on the judgment. For a ruling allowing an appeal, the appeal period and the people's court where the appeal will be heard shall be indicated in the original ruling. There are two types of sentencing methods: immediate sentencing and scheduled sentencing. If the parties concerned are out of town, they may also entrust the people's court where the parties are located to pronounce the judgment on their behalf. Regarding the sentencing procedure, if the verdict is pronounced immediately, the judge will read out the main contents of the judgment and explain it; after the reading is completed, the parties will be informed of the appeal period and the people's court where the appeal will be heard. A judgment that is pronounced immediately should generally be delivered to the parties within 5 days after the judgment is pronounced. The procedures for scheduled sentencing are basically the same as those for immediate sentencing, except that the full text of the judgment must be read out and the judgment can be served in court. When a party refuses to accept the judgment, it should be explained to him that if he is not satisfied with the judgment, he can file an appeal, and no appeal will be filed during the appeal period. Although the refusal of the judgment will not affect the execution of the judgment. The judgment can also be sent to the neighborhood residents' organization or work unit to which it belongs for collection and transfer. Judgments and rulings of first-instance cases made by local people's courts at all levels, if the parties do not appeal and the People's Procuratorate does not protest during the appeal period, they will become legally effective after the appeal period expires. ?5. Appeal (1) Based on the practical experience of the people's courts at all levels, those who have the right to appeal against the judgments and rulings of civil cases made by the people's court of first instance are generally the parties concerned and their family members. In the future, in addition to parties being able to file appeals and the People's Procuratorate being able to lodge protests, agents entrusted by parties to file appeals, guardians, spouses, parents and children of parties who are incompetent to litigate can also file appeals on their behalf. The period for parties to appeal against the judgment of the first instance of the local people's court at all levels can be uniformly set at 10 days, starting from the day after the party receives the judgment (if the party refuses to accept the judgment, it will start from the day after the party refuses to receive the judgment) ). The appeal period for dissatisfaction with the ruling may be set at 5 days. (2) Any appeal filed by a party in accordance with the law shall be allowed. When a party files an appeal, it shall use an appeal petition, and copies of the appeal petition shall be submitted according to the number of opposing parties. If the party concerned is unable to write the appeal petition, the legal advisory office or the reception room of the People's Court can do it for him. Appeals should generally be filed through the People's Court of the original instance, but appeals filed directly to the People's Court of Appeal should also be accepted. If an appeal is filed through the People's Court of the original instance, the People's Court of the original instance will review whether the appeal is overdue. If it is not overdue, it will serve a copy of the appeal petition to the other party and inform the other party that it can file a reply within the prescribed time limit. Then it will prepare a copy of the appeal petition, The statement of defense and all dossier materials are submitted to the People's Court of Appeal. If an appeal is filed directly to the people's court of appeal, if the people's court of appeal cannot determine whether the appeal is overdue, it shall send a copy of the appeal to the original people's court for review. If it is not overdue, the people's court of original trial shall prepare a copy of the appeal, defense and All dossier materials are submitted to the People's Court of Appeal. If a party files an appeal beyond the time limit, it shall be accepted if there are legitimate reasons for the delay. If there is no legitimate reason for delaying the appeal but the party insists on appealing, the president of the original people's court or a person authorized by the president shall review the original judgment or ruling for errors. Although there is no reason for overdue, but after review it is found that the original judgment or ruling is indeed erroneous, it shall be handled in accordance with the trial supervision procedures stipulated in Article 12, Paragraph 1 of the Organic Law of the People's Court; there is no reason for overdue, and the original judgment or ruling is also free of errors. , and if the party still insists on appealing, the appeal petition and the situation of the party's overdue appeal shall be submitted to the appellate people's court for review and handling, and the party shall be notified. (3) When the People's Procuratorate files a protest in accordance with the appeal procedure, it may refer to the aforementioned appeal procedure by the parties concerned. If a protest is filed after the appeal period has expired, it shall be conducted in accordance with trial supervision procedures. (4) After review, the judge in charge shall submit the case to the collegial panel for trial. The judge in charge shall first report the facts of the case and then conduct a review.

During the deliberation, all members of the collegial panel have equal rights. If there is disagreement, the decision will be made based on the principle of the minority obeying the majority, but different opinions must be recorded in the deliberation transcript. The people's court for appeal shall hear the appeal or protest request. If it is found that there is an error in the original judgment or ruling's application of policies, laws, or decrees, a comprehensive review shall also be conducted for the parts that have not been appealed or protested as well as the parts related to the parties that have not been appealed. If there is no error in the facts found in the original trial, the evidence is sufficient, and the application of policies, laws, and decrees is correct, but there is no reason for the appeal or protest, the appeal or protest should be dismissed with a judgment. If the original trial found that the facts were correct and the evidence was sufficient, but the applied policies, laws, and decrees were inappropriate, the judgment would be changed in whole or in part. If a party raises a claim that is unrelated to the original case in the appeal, it can be handled separately. For cases where serious procedural violations were evident in the original trial, the original judgment will be revoked by ruling and the case will be sent back to the original People's Court for further trial. In the ruling that is remanded for a revised trial, the illegal aspects of the original judgment or ruling should be clearly and specifically pointed out, so that the original people's court can make corrections. (5) During the review, if it is believed that the facts found in the original trial are questionable and the evidence is insufficient and the case needs to be sent back to the original People's Court for a new trial, the original judgment shall be revoked with a ruling and the case shall be remanded for a new trial. If the case is serious and complex, involves a wide scope, or requires specialized techniques to identify the facts of the case, and the original People's Court has more difficulties in hearing the case after the case is remanded for a new trial, or there are other reasons why it is not appropriate to remand for a new trial, the court shall The people's court of appeal summons the parties and necessary witnesses to the court for a hearing, or conducts a trial on the spot. In practice, the intermediate people's courts in various places consider that there is no need to remand for a new trial when the first-instance people's court hearing the case is very close to this court and the transportation is convenient for appeal or protest cases accepted by this court. The practice of bringing necessary witnesses to the court for hearings is appropriate and can continue to be adopted. Trials in court shall be conducted in public, except for cases otherwise stipulated by law. Mediation can be conducted in cases where the facts are clear and mediation is possible. The procedures for public hearing and mediation can refer to the aforementioned procedures for hearing first-instance cases. (6) Regarding the format of judgments and rulings in second-instance civil cases, in the parties column, for cases where the People’s Procuratorate lodges a protest, write “Protester XX, Chief Prosecutor (Member) XX of the People’s Procuratorate”; by the plaintiff Or if the defendant files an appeal, write "appellant XX"; for the opponent of the appellant, write "appellee XX". If there is an agent, the name of the agent must be written respectively. The cause of the case should state "I am dissatisfied with the judgment (or ruling) of the XX People's Court in XX year", and then state the date of the hearing of the case, the names of the members of the collegial panel, the name of the clerk who serves as the recorder, and whether the case is heard in public . In terms of content, except that the facts and reasons are generally written in the same way as the first-instance civil case judgment, the judgment or ruling should also indicate whether the appeal is dismissed, the original judgment is revoked, and the original judgment is remanded for a new trial, or a partial Or all sentences could be changed. A judgment that has been completely revised must first state the words "the original judgment is revoked" and then how the sentence was revised; a judgment that is partially revised must state which part of the original judgment was revoked and how it was revised. ?6. Retrial According to the provisions of Article 12 of the Organic Law of the People's Courts, cases retried by the people's courts at all levels in accordance with the trial supervision procedures include cases where the court's legally effective judgments and rulings are found to be inconsistent with the determination of the facts or the application of the law. Where there is indeed an error and a retrial is made; some are judgments and rulings made by the people's court at a higher level that have become legally effective against the people's court at a lower level; where an error is found and the people's court at a lower level is found to have instituted a retrial or instructs the people's court at a lower level to retry; at the same time, there are also cases where the people's procuratorate has conducted a retrial in accordance with the trial supervision procedures. A protest is made and the case is retried or brought to trial or the people's court at the lower level is ordered to retrial the case.

?7. Execution of civil payment judgments or rulings that have taken legal effect, judgments or rulings for advance payment, relevant property parts of criminal judgments or rulings that have taken legal effect, and payment of property established under the auspices of judges of the People's Court The execution of mediation, unless the debtor has voluntarily performed, may be applied by the creditor or initiated by the People's Procuratorate, or may be initiated by the judge. For judgments and rulings that have become legally effective, execution generally cannot be suspended because the parties apply for retrial. However, if the people's court has decided to retrial, execution shall be suspended. Enforcement matters shall generally be handled by the People's Court of first instance. Deliver property to the debtor. If the debtor voluntarily fulfills the judgment after sealing or detaining the property, the seal or seizure shall be released in a timely manner. To unfreeze bank deposits or company stocks, you can notify the bank, company, and debtor with an official letter. Lifting the seal shall be carried out in conjunction with relevant personnel, and records shall be recorded and attached to the file. It was designated by the Supreme People's Court in 1956. All people's courts must abide by these regulations when hearing cases. Otherwise, the relevant court staff will be punished regardless of whether the rights and interests of civil subjects are harmed. For individual citizens, in order to better protect their rights and interests, they need to understand the relevant laws and regulations.