Current location - Training Enrollment Network - Books and materials - The legal basis for the new people's procedural law to dismiss the prosecution.
The legal basis for the new people's procedural law to dismiss the prosecution.
When the court hears a civil case and decides to dismiss the prosecution:

1, the plaintiff lacks the capacity of litigation rights and behavior;

2. The plaintiff has no direct interest in this case;

3. There is no clear defendant;

4. There are no specific requests, facts and reasons;

5, does not belong to the scope of work of the people's court;

6. The judgment or ruling has become legally effective, and the parties file a lawsuit and inform the parties to refuse the appeal after handling it;

7, according to the law, the parties shall not sue within a certain period of time, beyond the time limit for prosecution;

8. The judgment does not allow divorce and mediation, and the judgment mediates cases that maintain the adoption relationship. There is no new situation or new reason, and the plaintiff will sue again within 6 months;

The parties have the responsibility to provide evidence for their claims.

2. The parties have the responsibility to provide evidence to prove the facts on which their claims are based or to refute the facts advocated by the other party. If there is no evidence or the evidence is insufficient to prove the facts identified by the parties, the parties with the burden of proof shall bear the adverse consequences.

3. When the parties provide evidence to the people's court, they shall provide the originals or original objects. If it is necessary to preserve the original and original evidence or it is really difficult to provide the original and original evidence, a copy or duplicate verified by the people's court may be provided.

4. The evidence submitted by the parties to the people's court is formed outside the territory of People's Republic of China (PRC) and shall be certified by the notary office of the country where it is located. The certification procedure shall be governed by the relevant treaties concluded between People's Republic of China (PRC) and the country where it is located. The evidence provided by the parties to the people's court was formed in Hongkong, Macao and Taiwan Province, and the relevant certification procedures shall be performed.

5. If the parties provide documentary evidence or explanatory materials in foreign languages, a Chinese translation shall be attached.

Legal basis: Article 38 of the Civil Procedure Law. After the people's court accepts the case, if the parties have objections to the jurisdiction, they shall raise them during the period of submitting the defense. The people's court shall examine the objections raised by the parties. If the objection is established, it shall be ordered to transfer the case to the people's court with jurisdiction; If the objection is not established, the ruling shall be rejected.