Joke Collection Website - News headlines - The most effective way to rehabilitate people's grievances.

The most effective way to rehabilitate people's grievances.

Legal analysis: 1, pre-trial preparation

Pre-trial preparation refers to a series of preparatory work carried out by the judge according to law to ensure the smooth progress of the trial after the people's court accepts the case and before the trial.

(1) Forming a collegial panel

When trying administrative cases of first instance, the people's courts are composed of judges or judges and jurors. The members of the collegial panel shall be an odd number of three or more.

(2) Exchange of pleadings

The exchange of complaints is mainly to send relevant documents to the defendant and the plaintiff. On the one hand, the people's court shall, within 5 days from the date of filing the case, serve a copy of the complaint and the notice of responding to the lawsuit on the defendant and notify the defendant to respond to the lawsuit. On the other hand, the people's court shall send a copy of the defense to the plaintiff within 5 days from the date of receiving the defendant's defense. The defendant shall, within 10 days from the date of receiving the copy of the indictment, submit the defense and provide evidence and basis for the administrative act. However, it is a right of the defendant to submit the defense, and the defendant's failure to submit the defense will not affect the trial of the people's court. However, if the defendant fails to submit or provide evidence and basis for a specific administrative act within the statutory time, it shall be deemed that there is no evidence and basis for the specific administrative act and the defendant shall be judged to lose the case.

(3) Handling jurisdictional objections

The parties have the right to raise objections to the jurisdiction of the sued people's court. If a party raises an objection to jurisdiction, it shall raise it in writing within 10 days from the date of receiving the notice of responding to the lawsuit from the people's court, and the people's court shall examine the objection to jurisdiction raised by the party. If the objection is established, the sued people's court shall make a ruling to transfer the case to the people's court with jurisdiction; If the objection is not established, the ruling shall be rejected.

Legal basis: People's Republic of China (PRC) Civil Procedure Law.

Article 199 If a party applies for retrial and thinks that a legally effective judgment or ruling is wrong, it may apply to a people's court at the next higher level for retrial; A case with a large number of people or both citizens may also apply to the people's court that originally tried the case for retrial. If a party applies for a retrial, the execution of the judgment or ruling shall not be stopped.

Article 201 If the parties to the mediation agreement for retrial present evidence to prove that the mediation violates the principle of voluntariness or the contents of the mediation agreement violate the law, they may apply for retrial. If it is verified by the people's court, it shall be retried.

skill

The above answer is only for the current information combined with my understanding of the law, please refer carefully!

If you still have questions about this issue, I suggest you sort out relevant information and communicate with professionals in detail.