Section one Civil action First , civil disputation and civil action ( civil disputation , - PowerPoint PPT Presentation

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Section one Civil action First , civil disputation and civil action ( civil disputation , PowerPoint Presentation
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Section one Civil action First , civil disputation and civil action ( civil disputation ,
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Section one Civil action First , civil disputation and civil action ( civil disputation ,

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  1. Section one Civil action First , civil disputation and civil action (civil disputation , Solve the system kind of the civil disputation , the concept of civil action) Two, the characteristic of civil action (civil action has common right , civil action and has mandatory civil action to have Procedural) Section two, the basic system of civil action First, discuss the system jointly Second, avoid the system Third, suitable and exception of the system of public trial Fourth , system of the court of second instance being the court of last instance and exception

  2. Section three Executive and administration First, civil action executive 1, Executive sums up the civil action (the executive's concept , the executive's function) 2, Standard , civil action of executive (standard , in charge of standard suitable of executive) 3, Court civil action in charge of range (civil disputation, work dispute , suitable to apply the civil procedure while being other Item) 4, Court civil action executive and other government offices , social organizations deal with relation (court and of the dispute The people's mediation committees , court and the townships and towns people's governments , court and arbitration organ , court and other administrative organs) 5, Civil action executive and criminal suit executive Second, administer the summary 1, Concept administered (the function of the meaning , administration that administers , relation of the executive and administration) 2, Administration

  3. The rank is administered The region is administered Decide and administer Jurisdiction objection Section four, party First, party‘s summary 1, The party's concept and characteristic 2, Right ability of the lawsuit andlawsuit capacity 3, Right ability of the lawsuit 4, Lawsuit capacity 5, Party right dose 6, The party's lawsuit right and lawsuit obligation 7, Undertaking Second , plaintiff and defendant 1, Plaintiff and the defendant's concept 2, Plaintiff and the defendant's classification (citizen , legal person , other tissue foreigner , stateless person) Third , co-litigation 1, Co-litigation summary 2, Essential co-litigation 3, Ordinary co-litigation

  4. Fourth, lawsuit representative 1, Representative sums up the lawsuit (the lawsuit representative's concept and function of nature , lawsuit representative's system) 2, Kind of representative's lawsuit 3, Lawsuit representative 4, Special procedure five of the lawsuit about the representative not confirmed of number of people, third person Fifth 1, Third person's summary 2, Third person that have the right to ask independently (have the right to ask third person independently join terms of lawsuit , have independence Ask for the lawsuit status of the third person of right ) 3, There is not the third person asking for right independently Characteristic of the third person Function of third person's system The third person's concept

  5. Section five, law-agent First, law-agent's summary 1, The law-agent's concept and characteristic 2, The law-agent's kind 3, Function of the system of civil agent ad litem Second, legal law-agent 1, The legal law-agent's concept 2, The legal law-agent's agent's authority 3, Legal lawsuit attorneyship obtains and elimination Three, entrust a law-agent (1), Trust the law-agent's concept (2), Trust the law-agent's range (3), Trust the production of the law-agent's attorneyship (4), Trust the law-agent's agent a authority

  6. Section six Civil evidence First, civil evidence summary 1, Concept of the civil evidence 2, Characteristic of the civil evidence 3, Identification strength of the civil evidence Second, kind of the civil evidence 1, Documented evidence 2, The party states 3, Question of using other evidences and should be paid attention to Three, classification in theory of civil evidence 1, This card and counterevidence (distinguish standard of a card and counterevidence , counterevidence and refute distinguish the meaning of a card and counterevidence) 2, Positive evidence and indirect evidence 3, Original evidence and evidence of coming Objectivity related legitimacyl

  7. Fourth, the evidence is saved from damage 1, Concept that the evidence saves from damage 2, Condition that the evidence saves from damage Fifth, burden of proof 1, Burden of proof is summed up (the question that the meaning of burden of proof , burden of proof meaning of understanding should be paid attention to) 2, It last responsibility burden of proof and it produce evidence responsibility of (burden of proof and it advocate responsibility , burden of proof of and 3, The responsibility for producing evidence, relation between responsibility and opinion responsibility , burden of proof producing evidence) 4, Distribution of burden of proof (the distribution of the meaning that burden of proof distributes , burden of proof of civil action of our country) 5, The inversion of burden of proof (the meaning that burden of proof inverts, the Supreme People's Court stipulate that should invert the responsibility of proving Lawsuit that lets ) 6, Infer and burden of proof

  8. Section seven , during this time First, during concept(during this time, day such as time limit , issue) Second, kind when not during this time (during being the legal, not during not appointing) Third, calculation during this time Fourth, during delay and the treatment (during this time delay extension during) Section eight , the court mediates First, concept which the court mediates It is distinguished that second, mediate and mediate with the lawsuit , conciliate in the lawsuit in the court

  9. Section nine, the property is saved from damage and carried out first First, the property saving from damage 1, Concept , kind that property save from damage( saving from damage , conservatory measures in litigation before telling) 2, Range , measure that the property saves from damage (the measure that range , property that property saves from damage save from damage ) 3, Procedure (, and property that the property saves from damage The ones that save the measure from damage are removed ) Two, carried out first 1, Give the concept carried out and scope of application first (for the concept carried out first , give the scope of application carried out first ) 2, First procedure when it give carry out (last application that carry out first, first give not if carrying out , deciding adjudication and the execution carried out to give first Final treatment)

  10. Section ten To the compulsory measure impairing the civil action behavior First, to concept and nature impairing the compulsory measure of the civil action 1, To the concept impairing the compulsory measure of the civil action behavior 2, To the nature impairing the compulsory measure of the civil action behavior Second, impair the composition and kind of the civil action behavior 1, Impair the composition of the civil action behavior 2, Impair the kind of the civil action behavior Section 11 Ordinary procedure First, ordinary procedure summary Two, each stages of ordinary procedure 1, Prosecute and accept 2, Preparation before trying 3, Hold a hearing

  11. Third , recall the lawsuit and the judgement by default 1, Recall the lawsuit 2, Fourth judgement by default , deferment of a trial , suspension of litigation and termination of litigation 1, Deferment of a trial (whether deferment of a trial suitable) 2, Suspension of litigation 3, Section 12 of the termination of litigation Summary procedure First, the concept of the summary procedure and scope of application 1, Concept of the summary procedure 2, Scope of application of the summary procedure

  12. Section 13 the second instance procedure 1, Concept of the second instance procedure 2, Content of the second instance procedure The ones that appeal mention and accepted The trying of appeal case The Judgement of the case that appeal

  13. Section 14 special procedure First, characteristic of the special procedure Second, scope of application of the special procedure

  14. Section 15 the procedure for supervision upon adjudication First, concept of the procedure for supervision upon adjudication Second, characteristic of the procedure for supervision upon adjudication Section 16 Supervise the procedure First, supervise the concept of the procedure Second, supervise the scope of application of the procedure Third, supervise the characteristic of the procedure Section 17 Procedure of bankruptcy First, bankrupt concept and characteristic Second, nature and making of the bankrupt system

  15. Section three Measure carried out Inquire about , freeze , allocate the executor's deposit Detain , draw the quilt executor's income Seal up , detain , auction the executor's property Search the quilt executor's property Force and is handed over the property or coupons that the legal document appoints by the executor Force and is moved out of the house or retreating unearthedly by the executor Force and is fulfilled the behavior that the legal document appoints by the executor Go through proprietary certificates and shift the formality Force executors to pay and delaying the debt interest while fulfilling and delaying fulfilling the gold