What is an Abeyance?

Abort, Chinese vocabulary.

[zhng zh]

Abort

zhng zh

Stop halfway.

"

Suspension in criminal proceedings

The suspension of criminal proceedings refers to the system in which criminal proceedings are temporarily suspended due to certain circumstances affecting the normal proceeding of the proceedings, and the suspension of the proceedings shall be resumed after the suspension of the circumstances disappears.

According to the relevant judicial interpretation and judicial practice of the Supreme Court, in the following special circumstances, the lawsuit may be suspended:

(1) During the investigation phase, the conditional investigation has been completed, and the whereabouts of the criminal suspect are unknown, but the conditions for the wanted are not sufficient, the lawsuit should be suspended temporarily;

(2) During the stage of investigation, prosecution and trial, the investigation work that should be carried out has been completed. It is confirmed that the acts of the criminal suspect and the defendant constitute a crime and should bear criminal responsibility. If the disease cannot be examined and tried, the lawsuit shall be suspended temporarily;

(3) If the defendant escapes after the case is brought to the court, making the case unable to continue the trial for a long time, the trial may be suspended by the court; during the trial, the private prosecutor suffered from mental illness or other serious illness, which If the case cannot be heard for a long time, the court may decide to suspend the trial; if the parties have legitimate reasons to request the suspension of the trial;

(4) If the plaintiff with a civil lawsuit dies in the lawsuit and needs to wait for the heirs to participate in the lawsuit, the incidental civil lawsuit may be suspended and the criminal lawsuit shall continue.

According to Article 200 of the Criminal Procedure Law, the trial may be suspended if one of the following circumstances prevents the case from being tried for a long time:

(1) The defendant has serious illness and is unable to appear in court;

(2) the defendant escapes;

(3) The private prosecutor suffers from a serious illness and is unable to appear in court, and has not entrusted a litigant to appear in court;

(4) For reasons that cannot be resisted.

After the reasons for the suspension of the trial have disappeared, the trial should resume. The period of suspension of the trial shall not be included in the trial period.

Suspension in civil proceedings

The suspension of civil litigation refers to the system in which the litigation cannot be continued or is unsuitable due to some statutory suspension of litigation during the course of the litigation. Therefore, the court ruled that the litigation procedure should be temporarily suspended.

According to the provisions of Article 150 of the Civil Procedure Law, the lawsuit shall be suspended in any of the following circumstances:

(1) if one of the parties dies and needs to wait for the successor to indicate whether to participate in the lawsuit;

(2) A party loses its capacity for litigation and has not yet determined its legal representative;

(3) The termination of a legal person or other organization as a party has not yet determined the recipient of rights and obligations;

(4) A party cannot participate in the lawsuit because of irresistible causes;

(5) This case must be based on the trial results of another case, which has not yet been concluded;

(6) Other circumstances in which litigation should be suspended.

After the decision to suspend the lawsuit is suspended, regardless of the legal period or the designated period. After the reasons for the suspension of the lawsuit have been eliminated, the litigation procedure shall be resumed by the party concerned or by the court in accordance with its authority. After the resumption of the proceedings, the original ruling need not be revoked. From the notice of the court or when the parties are allowed to continue the litigation, the decision to suspend the litigation will be invalid; all litigation actions before the suspension of the litigation will continue to be valid after the resumption of the litigation.

Limitation of action

The suspension of the limitation period refers to the situation in which the claim cannot be exercised due to force majeure or other obstacles during the last six months of the limitation period. The lawsuit temporarily suspended the calculation according to law and continued to be calculated from the day when the legal cause disappeared. .

According to Article 139 of the General Principles of the Civil Law, "If the claim cannot be exercised due to force majeure or other obstacles within the last six months of the limitation period of the lawsuit, the limitation period of the lawsuit will be suspended. From the date on which the cause of suspension of limitation is eliminated, The limitation period continues. " ^[2]