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The difference between acceptance receipt and filing receipt.
1 has different meanings. The receipt for filing a case is that the public security organ accepts citizens' reports and complaints, and the receipt for filing a case is that the public security organ decides to file a case;
2. The result is different. Receiving a case does not mean that it must be filed, or it may not be filed; The receipt for filing a case is to file a case, and then the investigation of the case begins.
Archiving process:
1, the acceptance of filing materials, and the public security organs, people's procuratorates or people's courts' opinions on the persons or materials who report, accuse, report and surrender;
2, review the filing materials, public security organs, people's procuratorates or people's courts to inspect and investigate the admissibility of materials;
3, the public security and judicial organs to review the filing materials and necessary investigation should be handled in a timely manner.
The conditions for public security to accept a case are:
1, factual conditions, that is, there are criminal facts or criminal suspects. The existence of criminal facts refers to the existence of criminal acts that endanger society, which are proved by objective and true evidence, including the preparation, implementation, attempt, suspension and accomplishment of crimes;
2. The statutory conditions, that is, the behavior that needs to be investigated for criminal responsibility, must be socially harmful and should be punished. Only when this criminal fact really needs to investigate the criminal responsibility of the perpetrator can the case be filed.
The process of court accepting civil cases;
1. When the plaintiff brings a lawsuit to the court, it shall submit the complaint and relevant evidential materials. And submit a copy of the complaint and a copy of the evidence according to the number of defendants; At the same time, fill in the list of complaints in duplicate, one for the court and one for the plaintiff. When the plaintiff submits the complaint, if he is a citizen, he shall attach personal identification; Enterprises, organs, institutions, social organizations as legal persons, provide industrial and commercial registration materials, copies of business licenses or organization code certificates, and identity certificates of legal representatives and entrusted agents; If the defendant is a legal person, the industrial and commercial registration materials shall be provided, and if the defendant is a citizen, the household registration certificate shall be provided.
2. After accepting the complaint submitted by the parties, the filing court shall sign the complaint. Upon examination, those who meet the conditions for filing a case shall immediately file a case, and at the same time, the parties shall be served with the Notice of Acceptance of the Case, the Confirmation of Delivery of Legal Documents, the Notice of Litigation, the Notice of Mediation and the Notice of Payment of Litigation Fees.
3. If the court decides to file a case after reviewing the timetable, it will arrange the time immediately. The agenda includes determining the date, time, court and presiding judge of the court session, and serving court summons on the parties.
4. The party who pays the litigation fee can pay the litigation fee at the bank designated by the court within seven days after receiving the notice of paying the litigation fee issued by the court. If the payment method is cash or cashier's check, the bank will directly issue a special voucher for prepayment of legal fees; If payment is made by cheque or money order, the parties concerned will present the bank cash against documents three days later to get the special voucher for prepaid legal fees issued by the bank. If the payee of a cheque is the drawer, it must be endorsed and stamped with the seal of the drawer's bank; The payee of the check belongs to the No.1 Intermediate People's Court, and there is no need to affix the endorsement seal; If payment is made by credit voucher or telegraphic transfer, the remittance shall indicate the number and case number of the Notice of Payment of Litigation Fees issued by the filing court. If the payment is made on behalf of a unit or individual, it shall indicate the payment made on behalf of the unit or individual. After receiving the payment, the Agricultural Bank of China issued the Special Voucher for Prepayment of Legal Expenses.
5. The parties involved in court invoicing immediately exchange the special vouchers for litigation expenses with the special vouchers for litigation expenses issued by the bank.
To sum up, the difference between case receipt and case receipt lies in different meanings and different results.
Legal basis:
"Public security organs to handle criminal cases procedures" 175th
After examination, it is considered that there are criminal facts, but the case does not belong to its own jurisdiction, it shall immediately report to the person in charge of the public security organ at or above the county level for approval, make a notice of transferring the case, transfer it to the organ with jurisdiction for handling within 24 hours, and inform the sender, informant, accuser and informant. For those who are not under their jurisdiction and must take emergency measures, take emergency measures first, then go through the formalities and transfer them to the competent department.
For matters that do not fall within the scope of duties of public security organs, if they can judge on the spot when receiving a report, they shall immediately verbally inform the abductor, informant, accuser and informant to report to other competent authorities.
Cases that are repeatedly reported, being handled or completed shall be explained to the abductor, informer, accuser and informer, and registration shall be stopped unless there are new facts or evidence.
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