1、 Cassation action Filing a case Can the former plaintiff see the file
stay litigation In the process, the parties and their litigation agent Everyone has the right to consult the information and documents related to the case. However, this right should be exercised in accordance with the principle of not interfering with the trial process;
In case of the need to apply for retrial, they can consult the information of the completed cases according to the legal procedures.
During the period of reading the relevant materials of the case, the parties and agents must present valid ID Mingor lawyer Practicing certificate and other relevant certificates can be properly extracted or copied for retention.
However, for the sake of national security protection, the information of secret related cases still needs to comply with relevant national laws statute Processing.
Provisions of the Supreme People's Court on Litigant Agents' Access to Civil Case Materials
Article 1
Lawyers and other agents ad litem acting as agents in civil proceedings shall have the right to consult the relevant materials of the cases they represent. However, the inspection of case materials by agents ad litem shall not affect the trial of the case. In order to apply for a retrial, an agent ad litem may consult the relevant materials of the case that has been concluded.
2、 What are the legal provisions of the cancellation action
When one of the following occurs, creditor Have the right to apply to the judicial authority for cancellation:
(1) obligor Losses caused to creditors by giving up their due creditor's rights for their own interests without authorization;
(2) debt On the one hand, it transferred all its assets free of charge, which caused substantial damage to creditors;
(3) The debtor transferred assets in an unfair and low price manner, which caused serious economic harm to the creditor, and the transferee of the property knew the real reason and specific circumstances of the transfer.
《 Civil Code 》Article 538
If the debtor disposes of property rights and interests for free by giving up its creditor's rights, giving up the guarantee of creditor's rights, transferring property for free, or maliciously prolongs the time limit for the performance of its creditor's rights due, which affects the realization of creditor's rights, the creditor may request the people's court to revoke the debtor's act.
Law is a universal constraint, which not only protects our rights and interests, but also regulates our behavior. Each of us should fully understand and understand the law in order to better protect our rights and better live in this society ruled by law. As the title of this article raises the question, "Can the plaintiff see the file before the cancellation action is filed?" The study and understanding of law is a long-term task, which needs our constant efforts and exploration. We should cherish this process and regard it as an opportunity for self-improvement so as to better adapt to social development and change.
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