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Will Jiangsu micro-reconciliation mediation not be filed?
1. If the dispute cannot be settled, file a case. Filing a case usually means that the public security, judicial organs and other administrative law enforcement organs decide to investigate or judge the materials such as the report, accusation, report, surrender and prosecution of the private prosecutor according to their respective jurisdictions.
2. Legal basis: Article 97 of People's Republic of China (PRC) Civil Procedure Law.
Mediation by the people's court may be presided over by a judge or a collegial panel, and it shall be conducted on the spot as far as possible.
When conducting mediation, the people's court may notify the parties and witnesses to appear in court in a simple way.
Article 101
If an agreement is reached through mediation in the following cases, the people's court may not make a conciliation statement:
(1) Mediation and reconciliation of divorce cases;
(2) Mediation and maintenance of adoption cases;
(3) Cases that can be executed immediately;
(four) other cases that do not need to make a conciliation statement.
An agreement that does not require the preparation of a conciliation statement shall be recorded in a written record, which shall have legal effect after being signed or sealed by both parties, judges and court clerks.
Second, what are the conditions for filing a case?
1, the case is under the jurisdiction of this organ according to law;
2. After reviewing the source materials of the case, there are indeed criminal facts;
3, according to the circumstances of the criminal facts need to be investigated for criminal responsibility. If the case does not belong to its own jurisdiction, it shall be transferred to the organ with jurisdiction. If there are no criminal facts, or if the criminal facts are obviously minor, criminal responsibility may not be investigated.
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