Legal Analysis: (1) Acceptance by the Procuratorate

After the parties decide to lodge a complaint, they should submit the complaint materials to the Procuratorate. After receiving the complaint, the Procuratorate will make a decision on whether to accept the complaint and send it to the Procuratorate. Notice of acceptance. If a decision is made to accept the case, the procuratorate shall make the following decisions based on the circumstances within 7 days from the date of acceptance:

1. If you are dissatisfied with the effective civil judgment or ruling of the people's court at the same level or the next level, transfer it to this court for civil proceedings The administrative procuratorial department shall review and handle;

2. If the lower People’s Procuratorate has the right to protest, it shall be transferred to the lower People’s Procuratorate for review and handling;

3. If it falls within the jurisdiction of the People’s Court or other organs according to law, Transfer the case to the People's Court or other authorities for handling.

(2) The Procuratorate files the case

The Procuratorate shall make a decision on whether to file the case within 30 days from the date of acceptance. If the procuratorate decides to open a case, it will notify the complainant and other parties involved. Other parties may submit written opinions within 15 days from the date of receipt of the "Notice of Case Filing". The procuratorate shall review (borrow) the court's trial case files after filing the case, and conclude the review within three months after reviewing (borrowing) the trial case files. If the procuratorate decides not to file a case, it shall notify the complainant.

(3) Procuratorate review

After the procuratorate files a case, it will review the court’s civil trial activities. For cases whose review has been concluded, the procuratorate shall decide whether to file a protest based on the circumstances. The review period for filing a case is generally within three months from the date of transferring (borrowing) the court trial files, and for complex and difficult cases, it is within six months.

(4) The procuratorate files a protest

If the procuratorate considers that the judgment or ruling of the same level court has become legally effective and meets the conditions for protest, it will file a protest with the procuratorate at the next higher level. If the procuratorate considers that the conditions for protest are not met, it will make a decision not to file a protest and serve a "Decision Not to File a Protest" within 5 days of the decision. For appeal cases in which the procuratorate has made a decision not to file a protest or not to protest, if the party concerned files another appeal, the procuratorate will no longer accept it.

(5) Retrial hearings

When the court convenes to hear protest cases, the procuratorate shall send personnel to attend the retrial court. If the court that accepts the protest orders a lower court to retry the case, the procuratorate that filed the protest may instruct the procuratorate at the same level as the retrial court to send personnel to attend the retrial court.

Legal basis: Article 8 of the "People's Procuratorate's Rules for Handling Civil Administrative Protest Cases" When a party files a complaint with the People's Procuratorate, it shall submit a letter of complaint, the effective judgment document of the People's Court, and evidence materials to prove its claim. .

Article 9: For civil and administrative appeal cases, the people’s procuratorate’s complaint and appeal procuratorial department shall handle them on a case-by-case basis within seven days from the date of acceptance:

(1) Dissatisfaction with the case at the same level or Any civil or administrative judgment or ruling issued by the People's Court at the lower level shall be transferred to the Civil Administrative Procuratorial Department of this court for review and handling;

(2) If the People's Procuratorate at the lower level has the right to protest, the People's Procuratorate at the lower level shall be transferred to the People's Procuratorate at the lower level for review and handling;< /p>

(3) If the case falls within the jurisdiction of the People's Court or other agencies according to law, transfer it to the People's Court or other agencies for handling.