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According to Article 208 of the Criminal Procedure Law of the People's Republic of China, the people's court shall conclude a case of public prosecution within two months, up to three months. Under special circumstances, such as death penalty cases or incidental civil actions, with the approval of the superior court, they can be extended to six months, and the extension shall be subject to the approval of the Supreme People's Court. After the jurisdiction is changed or the procuratorate conducts supplementary investigation, the trial period shall be recalculated. The trial period of the crime of intentional injury shall be executed in accordance with this law, and the actual judgment time depends on the complexity of the case and the trial progress. #Litigation and arbitration 968 readings -
According to Article 214 of the Criminal Procedure Law of the People's Republic of China, if the facts of the theft case are clear and the evidence is sufficient, the defendant pleads guilty and agrees to apply the summary procedure, the basic court can use the summary procedure for trial. Compared with the ordinary procedure, the summary procedure is usually faster, but the specific date of the hearing depends on the court schedule and the complexity of the case. In theory, cases that meet the conditions can be heard in a short time, but in fact, it depends on the arrangement of the court. #Litigation and arbitration 968 readings -
According to Article 42 of the Law of the People's Republic of China on Administrative Penalties for Public Security, threatening others with weapons constitutes a serious threat to others, which is one of the illegal acts stipulated in the law. Those with minor circumstances may be detained for 5 days or fined up to 500 yuan; Those with serious circumstances may face detention for 5 to 10 days and a fine of up to 500 yuan. The specific punishment shall be decided by the public security organ according to the circumstances of the case. #Litigation and arbitration 1453 readings -
According to the Law of the People's Republic of China on Administrative Penalties for Public Security, organizing or participating in gambling activities, especially those involving large gambling funds, will be punished by the public security department. Those who are minor may be detained for less than 5 days or fined less than 500 yuan; In serious cases, they may be detained for 10 to 15 days and fined 500 to 3000 yuan. Whether you open a casino or participate in gambling, you must bear the corresponding consequences according to law. #Litigation and arbitration 1479 readings
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Whether a fight constitutes criminal detention depends on the seriousness of the circumstances. According to the Law of the People's Republic of China on Administrative Penalties for Public Security, minor fights may only be subject to administrative detention or fines, and are not criminal. If gang fighting and other serious situations are involved, the detention period can reach 15 days, accompanied by a fine, but it is still a public security punishment. Only when the act constitutes a criminal offence such as intentional injury, can it lead to criminal detention. #Litigation and arbitration 815 readings -
Deliberately damaging or destroying other people's property, worth more than 3000 yuan, constitutes a public security case. If the circumstances are different, the victim may face administrative detention and a fine (up to 15 days, 1000 yuan). If the circumstances are serious, such as heavy losses, bad means or framing others, the criminal law may be violated. Adults over the age of 16 are responsible. For minor violations, Article 49 of the Law on Administrative Penalties for Public Security shall apply. #Litigation and arbitration 1307 readings -
Our civil code stipulates that the time limit for safeguarding rights in civil disputes is three years, starting from the date when the injured party is aware or should know that the rights and interests are damaged and the responsible party is responsible. The time limit for arbitration of labor disputes is one year, counting from the date of infringement of rights and interests. Those who are dissatisfied with the arbitration award shall file a lawsuit with the court within 15 days after receiving the award. #Litigation and arbitration 1042 readings -
Under specific conditions, the court of second instance may review the judgment of first instance on its own initiative, regardless of whether the parties appeal or not. If the judgment of the first instance violates the laws and regulations, the facts are found to be seriously wrong or the evidence is insufficient, or the plaintiff's unfounded claims are supported, the court has the right to revoke, remand or directly change the judgment according to law. This is aimed at safeguarding the rights and interests of the state, society and others, and ensuring judicial fairness. #Litigation and arbitration 1020 readings
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