Enquiring knowledgeable people Inquisitive education Hospital Treasury

What circumstances should be ruled not to be accepted

home page

What circumstances should be ruled not to be accepted


        

Submit answer
Favorable reply
  • 2024-05-26 14:01:17

    ① The plaintiff bears the burden of proof for the duration of prosecution, and cannot provide evidence. Either the case is ruled not to be accepted or the prosecution is ruled to be rejected.

    When accepting a case and in the process of trial, the people's court should, on its own initiative, review whether the plaintiff's prosecution has exceeded the legal time limit for prosecution, without having to rely on the defendant's defense.

    The plaintiff must provide sufficient evidence to prove that the prosecution meets the time limit for prosecution. If the evidence cannot be provided, it will bear adverse legal consequences.

    ② At the expiration of the statutory time limit for bringing a suit, the plaintiff loses his right to bring a suit. The plaintiff did not bring a lawsuit within the legal time limit for bringing a lawsuit. After the expiration of the time limit, the plaintiff lost the right to bring a lawsuit, and his lawsuit was either ruled by the people's court not to be accepted, or the lawsuit that has been accepted was ruled to be rejected.

    [Legal Basis]

    Article 46 of the Administrative Procedure Law states that if a citizen, legal person or other organization brings a lawsuit directly to the people's court, it shall do so within six months from the date when it knows or should know that it has taken an administrative act. Unless otherwise provided by law.

    The people's court shall not accept a case brought on the basis of immovable property that has lasted more than 20 years since the date of the administrative act, or another case that has lasted more than five years since the date of the administrative act.

  • other Relevant knowledge

  • law

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):