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Has the local police station signed a mediation agreement for civil disputes, can the other party overturn the case?

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Has the local police station signed a mediation agreement for civil disputes, can the other party overturn the case?


        

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  • 2024-06-14 16:01:41

    If one party has evidence to prove that the mediation procedure is illegal (for example, the case handlers accept bribes, engage in malpractices for personal gain, or go against the wishes of the parties), and the mediation results are illegal, the mediation agreement signed may also be overturned. However, if the mediation procedures and results do not violate the law, the parties may not be able to overturn the case. The mediation agreement of the police station does not have the force of enforcement, but only has the nature of a contract. Both parties can bring a lawsuit if they are not satisfied with the mediation agreement, and the court will decide, so the other party can request a reversal of the case. According to your statement, if a fight constitutes minor injury, it has already violated the Criminal Law. Article 234 of the Criminal Law stipulates that anyone who intentionally harms another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever commits the crime mentioned in the preceding paragraph and causes serious injury to another person shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; Whoever causes death or serious injury to another person by especially cruel means and causes serious disability shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where this Law provides otherwise, such provisions shall prevail.
    Generally speaking, if the other party repents, it is OK, but you can go to the court to sue the other party, and ask the other party to say that the police station for civil tort liability and criminal liability for intentional injury can mediate civil disputes, but the criminal part cannot mediate because minor injuries are suspected of crimes. So the other party can make a request on the criminal part. Pre litigation mediation, as its name implies, is pre litigation mediation. Specifically, when you make up your mind to go to the court to file a divorce lawsuit, the court does not immediately file the case, but receives your litigation materials, issues a list of collected materials to you, and will notify you whether you can successfully file the case within 45 days. The working procedure of the court is to directly distribute the collected case filing materials to the handling judge, who will first contact the defendant to confirm whether the defendant's address and identity are correct. Then, he will notify both parties to go to the court to accept the pre litigation mediation presided over by the judge. The whole pre litigation mediation process is similar to a court conversation. The judge will ask about the basic information of both parties, the reasons for divorce, the basic information of the husband and wife's property, and whether the first lawsuit is filed. If the court can mediate the divorce, it will issue a bill of litigation costs in court, and ask the parties to issue a mediation statement to dissolve the marriage relationship after paying the litigation costs. If the court mediation is successful, the case filing materials will be returned without paying any fees. If the mediation fails, the court will also issue a bill for the plaintiff to pay the legal fees, so that the plaintiff can pay the relevant fees in advance. The case is regarded as a success.
    To sum up, have your questions been answered!

    On***

    2024-06-14 16:01:41

  • civil Relevant knowledge

  • law

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