Supplementary information for online filing must be resubmitted. Online case filing is an important part of the court's trial execution work. If additional relevant materials are needed for online filing, the applicant should be notified once and the applicant can resubmit. For those who do not meet the conditions for filing a case, the applicant should be explained the situation in detail in the review opinions and provide guidance and guidance on legal interpretation.
If the application fails the review but is allowed to be resubmitted, you can make additional modifications to the raw materials in the original application filing interface. Notes on uploading materials:
1. Online filing requires uploading relevant supporting materials for real-name authentication.
2. If you entrust a litigation agent to apply on your behalf, you need to upload the identity certificate of the entrusted litigation agent and the plaintiff's identity certificate.
3. Proof of identity of the legal representative, agency procedures for entrusting a litigation agent and other litigation materials must be completed and stamped with the official seal before uploading.
4. For cases applying for compulsory execution, effective legal documents based on the basis for execution must be uploaded after the expiration of the automatic performance period.
1. How to sue the demolition office if the demolition agreement is not fulfilled
According to the relevant laws and regulations of our country, after a demolition compensation agreement is concluded, if one party fails to perform the obligations stipulated in the compensation agreement, the other party may legally To file a civil lawsuit, the parties may file a lawsuit according to the following process:
First, determine the people's court with jurisdiction and file a lawsuit with relevant materials
1. The provisions of the Civil Procedure Law shall apply Handle the case according to the procedures
After the conclusion of the demolition compensation agreement, if one party fails to perform the obligations stipulated in the compensation agreement, it is a civil dispute case, and the case shall be handled according to the procedures stipulated in the "Civil Procedure Law".
Although the "Administrative Litigation Law" stipulates that if the party is dissatisfied with the expropriation, expropriation decision and its compensation decision, the party can file an administrative lawsuit. It is not that the compensation decision is illegal. Therefore, the nature of the case is a civil dispute, and the procedures stipulated in the Civil Procedure Law should be applied to handle the case.
2. People's Court with Jurisdiction
According to the provisions of the Civil Procedure Law, the basic people's court where the demolition office is located has jurisdiction over the case.
3. Litigation materials that should be submitted:
(1) Civil complaint and corresponding copies: specify the plaintiff’s identity information (name, address, ID number , household registration location, contact information), defendant’s identity information (name, address, etc.), litigation claims, basic facts and reasons.
(2) Relevant evidence and copies: such as the signed demolition compensation agreement, etc.
(3) Proof of identity information of the plaintiff. Such as a copy of ID card.
(4) If a litigation agent is entrusted, a power of attorney and identification materials of the litigation agent should be submitted.
Second, filing the case
1. After review by the People’s Court, if the following conditions are met, the case should be filed:
(1) The plaintiff is directly related to the case Interested citizens, legal persons and other organizations;
(2) There is a clear defendant;
(3) There are specific litigation claims, facts and reasons;
(4) It falls within the scope of the People's Court to accept civil litigation and the jurisdiction of the People's Court subject to the lawsuit.
2. The plaintiff advances the litigation fees for accepting the case.
Third, pre-trial preparation and delivery of litigation materials
1. The People’s Court shall send a copy of the complaint to the defendant within 5 days from the date of filing the case, and the defendant shall receive the File a defense within 15 days from the date of arrival.
2. After the people's court accepts the case, if the defendant has any objection to jurisdiction, he should raise it during the submission of the defense. The people's court shall review the objections raised by the parties. If the objection is established, the case shall be ruled to be transferred to the people's court with jurisdiction; if the objection is not established, the case shall be dismissed.
3. Service
To serve litigation documents, they should be delivered directly to the person to be served.
If the person to be served or his adult family members living with him refuses to receive the litigation documents, the person who serves them may invite representatives of the relevant grassroots organizations or units to be present, explain the situation, and record this on the service receipt. The reason and date for rejection shall be signed or stamped by the person delivering the service and the witness, and the litigation documents shall be left at the residence of the person to be served; the litigation documents may also be left at the residence of the person to be served, and photos, videos, etc. The method of recording the delivery process shall be regarded as delivery.
If it is difficult to serve litigation documents directly, you can entrust another people's court to serve them on your behalf, or serve them by mail. If delivered by mail, the date of receipt stated on the return receipt shall be the date of delivery.
If the whereabouts of the addressee are unknown, or the delivery cannot be made by other means, service shall be made by public announcement. It shall be deemed to have been served thirty days from the date of issuance of the announcement. When the notice is served, the reasons and process shall be recorded in the case file.
4. Mediation
If the People's Court believes that the case can be mediated, it may mediate first.
Fourth. Trial and Judgment
1. The People’s Court will handle the cases accepted as follows according to the circumstances:
(1) The parties have no disputes and meet the requirements. If the supervision procedure stipulates conditions, it may be transferred to the supervision procedure;
(2) If mediation is possible before the trial, mediation shall be used to resolve the dispute in a timely manner;
(3) According to the circumstances of the case, determine Simple procedure or ordinary procedure shall apply;
(4) If a court hearing is required, the focus of the dispute shall be clarified by requiring the parties to exchange evidence.
2. If the People's Court decides to hold a court hearing, it shall notify the parties and other litigation participants three days before the hearing.
3. The People’s Court shall complete the trial of the case within the trial period in accordance with the applicable procedures and issue corresponding judgment documents:
(1) If the case is concluded through mediation, That is, if the parties reach a settlement agreement, the People's Court shall prepare a civil mediation document;
(2) If the plaintiff (i.e., the card issuing bank) decides to withdraw the lawsuit, the People's Court shall rule to approve the withdrawal;
( 3) After the People's Court hears the case, if it decides that the debtor must repay the debt on time, a civil judgment shall be made;
(4) If the whereabouts of the defendant are unknown or the defendant cannot be contacted, the People's Court may review the case. Enter a default judgment.
4. The People’s Court shall serve the judgment document to the plaintiff and defendant.
If the parties do not file an appeal within the appeal period, the judgment will take effect 15 days after being served; the mediation letter will take effect from the date of service; and the ruling will take effect 10 days after being served.
2. How to handle online lawsuits for debts
How to handle online lawsuits for debts. Online registration is a convenient measure, which can save the applicant's travel expenses. The specific process is as follows: 1. Find the option of the Supreme People's Court through the city service on the WeChat platform; 2. Click on the Supreme People's Court to enter and select the location of the court where the specific case will be filed; 3. After clicking on the confirmed court, click I want to file the case; 4 . After filling in the relevant content for filing the case, scan and upload the complaint and other materials; 5. After completing the appeal process, just wait for the court's review.
I hope the above content will be helpful to you. If you have any questions, please consult a professional lawyer.
Legal basis:
Article 2 of the "Organic Law of the People's Courts of the People's Republic of China"
The People's Court is the judicial organ of the country. The People's Courts try criminal cases, civil cases, administrative cases and other cases prescribed by law, punish crimes, protect innocent persons from criminal prosecution, resolve civil and administrative disputes, protect the legitimate rights and interests of individuals and organizations, and supervise administrative agencies to comply with the law. Exercise their powers to safeguard national security and social order, safeguard social fairness and justice, safeguard the unity, dignity and authority of the country's legal system, and ensure the smooth progress of the construction of socialism with Chinese characteristics.
Article 2 of the "Civil Procedure Law of the People's Republic of China"
The task of the Civil Procedure Law of the People's Republic of China is to protect the parties' exercise of litigation rights and ensure that The People's Court ascertains facts, distinguishes right from wrong, correctly applies the law, hears civil cases in a timely manner, confirms the relationship between civil rights and obligations, sanctions civil violations, protects the legitimate rights and interests of the parties, educates citizens to consciously abide by the law, maintains social and economic order, and safeguards socialism The construction project is proceeding smoothly.