Kunming Lawyer

1. Administrative litigation refers to a litigation system in which citizens, legal persons or other organizations believe that a specific administrative act of an administrative organ or its staff infringes upon their legitimate rights and interests, bring a lawsuit to the people's court in accordance with the Administrative Procedure Law and relevant laws and regulations, and the people's court will hear and make a verdict.

2. Civil litigation refers to the activities of the people's court to try and solve civil cases with the participation of both parties and other litigation participants, as well as the litigation relations arising from these activities.

The most obvious difference between the two is that the objects are different. At least one party of administrative litigation is an administrative organ, a civil litigation officer. Civil litigation is a litigation between equal subjects, which can be simply understood as civil litigation.

According to Article 119 of the Road Traffic Safety Law of the People's Republic of China For the purposes of this Law, the meanings of the following terms are:

（1） "Roads" refer to roads, urban roads and places under the jurisdiction of units that allow social motor vehicles to pass, including squares, public parking lots and other places used for public passage.

Therefore, non road traffic accidents refer to traffic accidents that occur in places other than those defined above, generally including the following places:

(1) Self built and self managed urban alleys or inter village roads not included in the planning, or self built and self managed roads;

(2) Cement roads, asphalt roads, gravel roads and other tractor roads paved in rural areas for field cultivation

(3) Road sections built in front of and behind villagers' houses or roads formed by natural traffic;

(4) The pavement between buildings in the closed residential area;

(5) Internal roads of government agencies, organizations and units, special roads of factories, mines, enterprises and institutions, railway stations, airports, ports and freight yards;

(6) Road sections that have not yet been handed over to the public security and transportation departments for management after the villages have been evacuated and settled;

(7) In the yard for drying crops;

(8) Road sections with open circuit construction but not completed or completed but not handed over to the public security and transportation department for management;

(9) Other sections not included in the scope of public transport management.

The divorce petition should mainly include the following contents: first, the name, gender, age, nationality, occupation, native place, work unit and address of the plaintiff and the defendant should be stated.

Secondly, it is the claim part, which should specify their own attitude towards divorce, how to raise their children after divorce, how to bear the maintenance fees, how to deal with the married couple's joint property, and how to deal with their joint claims and debts.

The third part is the facts and reasons, which mainly elaborates on the marital status of both parties and the reasons why the relationship between husband and wife has been completely broken. For the marital status, the time of marriage and the place of registration shall be specified; How to get to know each other, whether it is a free love or an introduction, or an arranged marriage or a business marriage, whether it is a first marriage or a remarriage; Whether there are children after marriage, their age and other information; Whether to live apart now, how long to live apart, etc.

The reasons for divorce should be clearly stated: what is the basis of marriage and what is the feelings after marriage; What are the main reasons for the incompatibility and the defendant's current attitude; Whether it has been mediated by both units or neighborhood committees and other grass-roots organizations, and how effective is the mediation; Have you ever litigated in the court before, and what is the court's verdict. If the divorce case is caused by one party's fault, the plaintiff needs to submit relevant evidence to prove it.

Finally, the name of the people's court that has jurisdiction over the case should be written, and then the plaintiff should sign in person, and specify the specific time of prosecution. The divorce petition will involve the litigation strategy and thinking of the whole divorce case. It is suggested that the parties should entrust lawyers to draft it on their behalf to ensure that their litigation rights and interests can be fully realized.

Civil Code Article 1079

If one of the husband and wife requests divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court. When hearing divorce cases, the people's courts shall conduct mediation; Divorce shall be granted if the relationship has really broken down and mediation has failed. Divorce shall be granted if mediation fails in any of the following circumstances:

（1） Bigamy or cohabitation with others;

（2） Domestic violence or maltreatment or desertion of family members;

（3） Gambling, drug abuse and other bad habits persist in teaching;

（4） Two years of separation due to emotional discord;

（5） Other situations that lead to the breakdown of the relationship between husband and wife.

Divorce shall be granted if one party is declared missing and the other party files a divorce lawsuit. Divorce shall be granted if one party files a divorce lawsuit again after the people's court has ruled that divorce is not allowed and the two parties have lived apart for one year.

The application of lighter, mitigated or exempted punishment shall be handled according to the circumstances specified in the Criminal Law:

1. The mental patient who has not completely lost the ability to recognize or control his own behavior causes harmful results (Article 18 of the Criminal Law).

2. Attempted offense (article 23 of the Criminal Law).

3. If the instigated person does not commit the instigated crime (Article 29 of the Criminal Law).

4. Voluntary surrender (article 67 of the Criminal Law).

5. Render meritorious service (Article 68 of the Criminal Law).