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When can the case be filed after the legal fees are paid

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When can the case be filed after the legal fees are paid


        

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  • 2024-06-17 06:01:39
     The people's court shall file the case on the spot as soon as the litigation costs are paid, and if the case meets the conditions for prosecution, it shall file the case within seven days at the latest. The people's court shall send a copy of the bill of complaint to the defendant within five days from the date of filing the case, and the defendant shall submit a defense within fifteen days from the date of receiving it.
    The review of prosecution is usually carried out by the filing chamber of the court. After receiving the plaintiff's lawsuit, the people's court shall promptly review it according to law. The review should be carried out from two aspects: first, review whether the plaintiff's prosecution meets the positive and negative conditions prescribed by the law, and accept those that meet the conditions, otherwise they should not be accepted. Secondly, it is necessary to review whether the plaintiff's prosecution procedures are complete, including whether the complaint has legal content, and whether the plaintiff has submitted copies of the complaint according to the number of defendants. If the contents of the bill of complaint are deficient and the procedures for prosecution are incomplete, the people's court shall set a time limit for the parties to make corrections.

    Legal basis

    Article 2 of the Provisions of the Supreme People's Court on Several Issues Concerning the Registration and Filing of Cases by People's Courts, the people's courts shall all accept petitions for prosecution and private prosecution, issue written vouchers and indicate the date of receipt.

    Article 8 of the Provisions of the Supreme People's Court on Several Issues Concerning the Registration and Filing of Cases by People's Courts, if the people's court is unable to determine whether a lawsuit or private prosecution filed by a party is in compliance with the law on the spot, it shall make the following handling: (1) For a civil or administrative lawsuit, it shall decide whether to file the case within seven days from the date of receiving the complaint; (2) With regard to a criminal private prosecution, a decision shall be made on whether or not to file the case within 15 days after the receipt of the private prosecution; (3) In the case of a third party's withdrawal of an action, a decision shall be made whether or not to file the case within 30 days from the date of receipt of the complaint; (4) With regard to the action of objection to execution, it shall decide whether to file the case within 15 days from the date of receipt of the complaint. If the people's court is unable to determine whether a lawsuit or private prosecution conforms to the provisions of the law within the statutory period, it shall file the case first.

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