Procuratorial convenience service | Instructions for civil procuratorial inspection

2022-05-25 0 By

In order to further implement the people-centered judicial concept, better serve the people to understand procuratorial work, visit procuratorial work, feel procuratorial work, and facilitate the masses to handle procuratorial work, in accordance with the relevant provisions of the Rules of civil Procedure Supervision of the People’s Procuratorate, we hereby inform the following matters concerning the application to the procuratorial organ for civil procedure supervision.A, scope of civil litigation supervision cases accepted 1, refuses to accept the people’s court has been legally effective judgments or written orders in civil, conciliation statement, already apply to the people’s court for retrial, the people’s court reject the retrial application, or the people’s court fails to the applicant’s application for ruling, or the people’s court for a retrial judgments or written orders, conciliation statement, the applicant still refuses to accept;2. The judge is considered to have committed illegal acts in the civil trial procedure;(3) where the civil execution activity is considered to be illegal.1. Cases of supervision over legally effective civil judgments, written orders and conciliation statements shall be under the jurisdiction of the people’s procuratorate at the same level where the people’s court that made the effective legal document is located;2. Cases concerning the supervision of illegal acts of judges in civil trial procedures shall be under the jurisdiction of the people’s procuratorate at the same level where the people’s court trying the case is located;3. Cases of supervision over civil execution activities shall be under the jurisdiction of the people’s procuratorate at the same level where the execution court is located.(1) If a party refuses to accept a legally effective civil judgment, written order or conciliation statement and applies to the People’s Procuratorate for supervision, the People’s Procuratorate shall not accept the application under any of the following circumstances: (1) The party fails to apply to the People’s Court for a retrial;2. The application for retrial by the party concerned exceeds the time limit prescribed by law, except that the application cannot be attributed to its own reasons;3. The people’s court is examining the civil retrial application within the statutory time limit;4. The people’s court has ordered a retrial but has not concluded the trial;5. Dissolution of the marriage relationship by judgment or mediation, except those who refuse to accept the division of property;6. The People’s Procuratorate has concluded its examination and made a decision;7. Civil judgments, orders and conciliation statements are made by the people’s court after the retrial on the basis of the protest of the People’s Procuratorate or the retrial procurator’s suggestion;8. The application for supervision exceeds the time limit prescribed in Article 20 of these Rules;9. Other circumstances that should not be accepted.(2) if a party considers that the civil trial procedure or the executive activities are illegal, apply to a people’s procuratorate for supervision, one of the following circumstances, the people’s procuratorate shall not accept it: 1, the law can be challenged, apply for reconsideration or litigation, the parties have no objection, apply for reconsideration or file a lawsuit, except there are justified reasons;2. After the party raises an objection, applies for reconsideration or brings a lawsuit, the people’s court has accepted the case and is examining and handling it, except that the case has not been handled within the statutory time limit;3. Other circumstances that should not be accepted.4. Time limit for Application for Supervision If a party applies to a People’s Procuratorate for supervision in accordance with the provisions of laws and regulations, the application shall be made within two years from the date when the people’s court makes a ruling rejecting the application for retrial or the retrial judgment or ruling becomes legally effective.Application for Supervision An original application for supervision shall be submitted, and a copy of the application for supervision shall be provided according to the number of other parties concerned.The applicant shall be a litigant or an interested party in the case.Identification certificate includes: 1. Resident id card of natural person, military certificate, soldier certificate, passport and other valid certificates that can prove one’s identity;2. The unified social credit code certificate of the legal person or non-legal person organization or a copy of the business license, the code certificate of the organization and the identity certificate of the legal representative or the main person in charge and other valid certificates, which shall be stamped with the official seal of the unit;3. If there is an authorized agent, the identity certificate of the authorized agent and the power of attorney shall be submitted, and relevant certification materials shall be submitted in accordance with relevant provisions.The people’s Procuratorate shall keep a copy of the identification certificate submitted by the party concerned after checking it without error.(3) Relevant legal documents and evidentiary materials 1. Those who apply for supervision of effective judgments, rulings and conciliation statements shall submit all the legal documents such as judgments, orders, conciliation statements and decisions made by the people’s court in the course of litigation, as well as the evidentiary materials that have been applied to the court for retrial.Including the court’s receipt of materials for retrial, acceptance documents, rejection of retrial application ruling, etc.2. Those who apply for supervision of judicial personnel’s illegal acts and execution activities shall submit relevant legal documents and relevant evidence materials proving judicial personnel’s illegal acts and execution activities.3. If the applicant applies for supervision on the grounds of new evidence, new evidence materials shall be submitted.If evidentiary materials are submitted, a list of evidence shall be attached.If the materials submitted by the applicant are incomplete, they shall be made up within the time limit. If the materials are not supplemented within the time limit or are still incomplete after being supplemented, the procuratorial organ shall not accept them.Sixth, the people’s procuratorate review case rules According to the regulation, if a party considers that the people’s procuratorate of the people’s court at the same level have been legally effective judgments or written orders in civil, the conciliation statement does not support supervision application decision is clearly wrong, can apply for a decision to the supervision does not support the people’s procuratorate at the next higher level within a year from the date of application for a review of The Times.Seven, the form of application for civil supervision application for supervision of the applicant (indicate the first instance, the second instance, the identity of the retrial, such as the first instance of the plaintiff) : name, gender, age, nationality, occupation, work unit, residence, effective contact information.(If the applicant is a legal person or an organization without legal personality, the name of the organization, its registered address, the name, position and valid contact information of the legal representative or the principal responsible person shall be indicated.)Other parties (indicate the identity of the first instance, the second instance and the retrial, such as the defendant of the first instance) : name, gender, work unit, residence, valid contact information and other information.The name, address, responsible person, and effective contact information of the legal person or non-legal person organization (if there are more than one other parties, please list them in sequence).Application for supervision: (if the applicant refuses to accept the XX Civil judgment of XX People’s Court, and applies to XX People’s Procuratorate for legal supervision) specific legal circumstances, facts and reasons of the application for supervision: mainly stating the specific circumstances of the court’s judgment, ruling and mediation that the applicant refuses to accept.If the facts of the case and the reasons for applying for supervision (applying for supervision of the effective judgment, ruling and mediation statement, it shall point out the errors in the determination of facts and the application of law in the effective judgment, ruling and mediation statement of the court, and indicate relevant evidence;Those who apply for supervision over illegal acts of judicial personnel shall point out the illegal acts of judicial personnel;Those who apply for supervision of execution activities shall point out what illegal acts exist in the execution activities, and have applied to the court for retrial or exercised other rights.Based on the above reasons, the XX People’s Procuratorate is requested to supervise the XX Civil judgment (ruling and conciliation statement) of XX People’s Court according to law and submit a protest.This is to XX people’s Procuratorate applicant: (I signed) (applicant is the unit, cover the unit official seal) XX XX XX XX statement: this article copyright belongs to the original author, if there is a source error or infringement of your legitimate rights and interests, you can contact us through email, we will deal with in time.Email address: jpbl@jp.jiupainews.com