Legal analysis
Cases of illegal production safety that have preliminary evidence of illegal acts and fall within the jurisdiction and responsibility of this department shall be handled by general procedures. All law enforcement units shall fill in the record approval form, and specify the case sponsor and co-organizer (the case sponsor is the main responsible person, and the co-organizer is not exempted from liability; The case undertaker and the co-undertaker are collectively referred to as the case undertaker, the same below).
The case undertaker shall be audited by the Legal Department and reported to the competent leader for approval. Those who investigate and collect evidence first shall complete the filing and examination and approval procedures within 5 days. Generally speaking, there are the following situations: First, after receiving the report and registering, the public security organ will start to file a case for investigation. After investigation, if it is an economic and civil dispute, it will generally be handled through mediation. If it is a public security case, it will be punished according to law. Suspected of committing a crime, criminal investigation will be conducted and the criminal responsibility of the criminal suspect will be investigated according to law. Second, when the procuratorate receives a report, it is generally a duty crime, such as corruption and bribery. The procuratorate decides to accept it after examination, which means that the procuratorate determines that the case is suspected of a crime and will start the investigation procedure and investigate the criminal responsibility of the suspect. Third, the court received a complaint from a citizen and started a civil trial procedure. Finally, after trial, the controversial issues of all parties were judged.
legal ground
People's Republic of China (PRC) Civil Procedure Law
Article 123 The people's court shall guarantee the right of prosecution enjoyed by the parties according to law. A lawsuit that conforms to Article 119 of this Law must be accepted. Those who meet the conditions for prosecution shall file a case within seven days and notify the parties concerned; If it does not meet the conditions for prosecution, it shall make a ruling within seven days and refuse to accept it; If the plaintiff refuses to accept the ruling, he can appeal.
(1) In accordance with the provisions of the Administrative Procedure Law, the people's court shall inform the plaintiff to bring an administrative lawsuit if it falls within the scope of accepting cases in administrative litigation; (2) In accordance with the law, if both parties reach a written arbitration agreement to apply for arbitration and cannot bring a lawsuit to the people's court, inform the plaintiff to apply to an arbitration institution for arbitration; (3) Informing the plaintiff to apply to the relevant authorities for settlement of disputes that should be handled by other organs according to law; (4) Informing the plaintiff to bring a suit in a people's court that has jurisdiction over a case that is not under the jurisdiction of this court; (5) If a party files a lawsuit in a case in which a judgment, ruling or conciliation statement has become legally effective, it shall inform the plaintiff to apply for a retrial, unless the people's court decides to allow the withdrawal of the lawsuit; (six) cases that cannot be prosecuted within a certain period of time according to law shall not be accepted; (seven) cases in which divorce or mediation is not allowed, and cases in which the adoption relationship is maintained through judgment or mediation, if there are no new circumstances or new reasons, will not be accepted if the plaintiff brings a lawsuit within six months.