Whether the civil action is a second instance or a comprehensive review

Understanding the process of civil case handling can help us understand the whole process of civil litigation in our country, as well as when and what to do in the process of litigation. In criminal cases, you need to know more about the handling process of the public security organ before you know that summoning you by the public security organ is not necessarily illegal. In different types of litigation, judicial personnel have different requirements for the specific process of handling cases, and they use their own procedural laws. For example, civil cases are based on the Civil Procedure Law, while criminal cases are based on the Criminal Procedure Law.

2024-02-21 21:53:20 Helped 1649 people

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Whether the civil action is a second instance or a comprehensive review

1. Civil litigation second instance It is not a comprehensive trial, but only an appeal part. According to the new Civil Procedure Law According to the regulations, the trial scope of the second instance case is: the fact finding and the application of law related to the appeal request; This scope has two distinctive features: the trial content includes both factual trial and legal trial; the trial scope is limited by the appeal scope.
2. Legal basis: The People's Republic of China civil procedure law 》
Article 168 After accepting a case of declaration of disappearance, the people's court shall issue a public notice to search for the missing person. The announcement period is 3 months. The announcement period is the period for searching for the citizen and waiting for his/her appearance. Announcing the search for missing persons is a necessary process for people's courts to try cases of declaring citizens missing. Because the declaration of disappearance is a presumption, and this presumption will have a significant impact on the citizens who have been declared missing. Therefore, in order to fully protect the civil rights and interests of the citizen and make the judgment based on prudence and accuracy, the people's court must issue a public notice at the end of the period. If the citizen's whereabouts are still unknown, the people's court should confirm the fact that the citizen has applied for disappearance and make a judgment declaring the citizen as a missing person according to law. If the citizen appears or finds out his whereabouts during the public announcement period, the people's court shall make a judgment and reject the application.

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