How Do I Become a Civil Supervisor?

The head of civil litigation refers to the terms of reference of state organs. The courts of our country are the judicial organs of the state and the organs that uniformly exercise the state's judicial power. Specifically, the courts exercise their statutory powers and perform their statutory duties by adjudicating various types of cases in accordance with the law.

Civil Litigation Officer

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The head of civil litigation refers to the terms of reference of state organs. The courts of our country are the judicial organs of the state and the organs that uniformly exercise the state's judicial power. Specifically, the courts exercise their statutory powers and perform their statutory duties by adjudicating various types of cases in accordance with the law.

Chinese name

Civil Litigation Officer

Definition

Refers to the scope of jurisdiction of the court in accepting civil cases

Court definition

Judicial authority

Code of Civil Procedure

Procedural Law Ensuring Civil Law Implementation

The court's competent authority in civil litigation refers to the scope of the court's authority to accept civil cases. Determine the director of civil litigation, that is, delimit the scope of the court in civil litigation, determine which disputes fall within the scope of the court's civil trial power, and which disputes do not fall within the scope of the civil trial power, so as to resolve the court and other state agencies, society The organization's division of labor and authority in resolving civil disputes.

Article 3 of the Civil Procedure Law stipulates that the provisions of this Law shall apply to the people's courts in accepting civil lawsuits brought by citizens, legal persons, other organizations and between them due to property and personal relationships. This stipulation determines the scope of civil litigation directors based on whether the disputed substantive legal relationship is a civil relationship. The Civil Procedure Law is a procedural law that guarantees the implementation of civil law, so the law treats disputes arising from civil legal relations as the object of the court's civil procedure supervisor.

Practice since the implementation of the Civil Procedure Law has shown that this general standard is effective, and it provides a legal basis for the courts to resolve cases in charge of difficult cases. For example, on July 24, 1996, the Supreme People's Court stated in the "Reply on the Acceptance of Cases of House Demolition, Compensation, Resettlement and Other Cases" that states that citizens, legal persons or other organizations have made relevant claims on the people's government or urban housing administrative authorities in accordance with their functions and powers. In case of disagreement on house demolition, compensation, resettlement and other issues, if a lawsuit is filed in a people's court, the people's court shall accept it as an administrative case; disputes between the demolisher and the demolished person due to issues such as house compensation, resettlement, or both parties reach an agreement Later, if one or both parties regret it and, without ruling by the administrative organ, only bring a lawsuit to the people's court on issues such as housing compensation and resettlement, the people's court shall accept it as a civil case.

According to the provisions of the Civil Procedure Law and other relevant laws and regulations, the civil cases under the jurisdiction of the people's courts mainly fall into the following categories:

The first is a lawsuit caused by disputes between property rights and personal relationships between subjects of equal rights adjusted by civil law. Specifically include: (1) Litigation arising from the relationship between real rights, creditor's rights, intellectual property rights, and personal rights adjusted by civil law. Such as property ownership, usufructuary rights, security rights, contracts, management without cause, improper profits, copyright, trademark rights, personality rights, identity rights, etc. (2) Litigation arising from marriage and family relationships, inheritance relationships, and adoption relationships adjusted by marriage, inheritance, and adoption laws. Such as divorce cases, recovery maintenance cases, property inheritance cases, etc. (3) Litigation arising from commercial relations adjusted by commercial law. Such as bill cases, shareholder dispute cases, maritime business cases, etc. (4) Litigation of a civil nature in economic relations adjusted by economic law. Such as cases of neighborhood relations caused by pollution.

The second is disputes arising from labor relations. These include: (1) Cases arising from disputes over labor relations between employers and workers adjusted by the Labor Law. (2) There is no written labor contract between the employee and the employer, but a dispute has occurred after the labor relationship has been formed. (3) After a worker retires, a dispute with the original employer that has not participated in social insurance co-ordination due to the recovery of pensions, medical expenses, work injury insurance benefits, and other social insurance expenses.

Third, there is a dispute over social relations adjusted by other laws, and the law clearly stipulates cases to be tried in accordance with civil procedures. These include: (1) Voter qualification cases under the Voter Law and the Civil Procedure Law. (2) Cases of missing or declared death, cases where citizens are found to have no or limited capacity for civil conduct, and cases where property is found to be ownerless, as provided for in the Civil Procedure Law. (3) Several types of non-civil rights disputes in the civil procedure law apply to special procedures, supervision procedures, public notice procedures, and bankruptcy and debt repayment procedures for corporate legal persons.

(1) Court and People's Mediation Committee

The People's Mediation Committee is a mass autonomous organization whose task is to mediate ordinary civil disputes among the people. Civil cases with serious nature, complex plots and significant influences are generally difficult to be mediated by the People's Mediation Committee. The people's courts have the right to hear the scope of disputes mediated by the people's mediation committee. The difference is that as long as one party brings a civil lawsuit, the people's court should accept it. The mediation by the people's mediation committee must be based on the voluntary basis of both parties. For disputes that the court and the People's Mediation Committee have the right to handle, if both parties agree to submit to the People's Mediation Committee for mediation, the mediation committee will mediate; if one party applies to the mediation committee for mediation, the other party will sue to the court, the court will be in charge; After the mediation agreement is reached, the parties will sue to the court, the court will be in charge; the people's mediation committee cannot handle major and complicated civil disputes, and the court will be in charge.

(2) The court and the township (town) people's government

The township (town) people's government is China's grassroots government. The township (town) government has a judicial assistant. The judicial assistant is a judicial administrative staff member at the grassroots level and is responsible for handling civil disputes. In April 1990, the Ministry of Justice issued the "Measures for the Settlement of Civil Disputes", which stipulates that the scope of disputes handled by grassroots governments is the civil disputes stipulated in the "Organization Regulations of the People's Mediation Committee", that is, the personal, property rights and other daily affairs among citizens. Disputes in life.

The relationship between the court and the township (town) people's government in charge of issues is:

1. The jurisdiction of the township (town) people's government is usually general civil disputes, and major and complicated civil disputes that cannot be handled are under the jurisdiction of the court.

2. In the case where one party applies for processing by the township (town) people's government and the other party directly files a lawsuit in the court, the dispute is under the jurisdiction of the court.

3 After the dispute is handled by the township (town) people's government, if the parties bring a lawsuit to the court, the court will still be in charge of the case as a civil case.

(3) Courts and arbitration institutions

Arbitration institutions include domestic arbitration institutions and foreign-related arbitration institutions.

1. Courts and Arbitration Commissions. The relationship between the court and the arbitration commission on the issue of the director of civil disputes is as follows: First, the scope of the court's jurisdiction is wider than that of the arbitration commission. According to the arbitration law, the scope of the arbitration commission is contract disputes and other property rights disputes between citizens, legal persons and other organizations of equal subjects, but marriage, adoption, guardianship, support, and inheritance disputes are not within its scope of jurisdiction. All the above disputes belong to the scope of the court's civil litigation supervisor. Second, for disputes that belong to both the arbitration commission and the court's director, the specific person responsible for the dispute depends on the parties' choice. If the parties reach an arbitration agreement, the arbitration commission will accept it, excluding the court's jurisdiction; no arbitration agreement or the arbitration agreement will be invalid Yes, the court is in charge. China's arbitration commission implements a system of final arbitration. Therefore, after the arbitration is made, the parties will sue to the court for the same dispute, and the court will not accept it. Third, the parties should bring a civil lawsuit to the court if the arbitral award is revoked or ruled against by the court according to law, and the arbitration agreement is not reached again.

2. Courts and labor dispute arbitration commissions. Although the labor relationship also includes the property relationship, this property relationship is different from the property relationship between equal subjects regulated by civil law. The labor relationship is specifically adjusted by the labor law. In order to resolve labor disputes, China has set up a labor dispute arbitration committee. A labor dispute arbitration commission is different from a non-governmental arbitration commission. It consists of representatives of the labor administrative department, representatives of trade unions at the same level, and representatives of employers.

As far as the scope of the labor dispute supervisor is concerned, the court is the same as the labor dispute arbitration commission, but in order, the labor dispute arbitration commission supervisor has priority over the court supervisor. The labor law sets up a model of arbitration before trial for labor disputes. After a labor dispute occurs, the parties can apply for mediation with the labor dispute committee of the unit or directly apply for arbitration to the labor dispute arbitration committee. Sue to the court within 15 days of receiving the award.

(4) Courts and other administrative organs

Other administrative organs refer to administrative organs other than the township (town) people's government. When performing administrative functions on social affairs, administrative organs also handle some civil rights and interests disputes within the scope of their functions and powers, and the methods of handling include administrative mediation, administrative ruling, and administrative arbitration.

The issue of concurrent supervisors arises when the courts and administrative agencies have the power to handle civil disputes. Our country solves this complex problem in the following way:

1. The head of the court has priority, that is, if one party requests the administrative organ to deal with it, and the other party brings a civil lawsuit to the court, the court head.

2. If both parties request the administrative organ to handle the matter, the administrative organ shall take charge. However, the administrative organ's handling is subject to the principle of final judicial settlement. The administrative organ's handling is not final. If the parties disagree, the lawsuit can still be brought.

3 The administrative agency's handling behavior is administrative in nature, and the parties concerned can file a lawsuit in accordance with the law, which is within the scope of the administrative lawsuit. The processing actions of administrative organs are of a non-administrative nature and do not belong to the scope of administrative litigation. The ways in which administrative agencies handle civil disputes include mediation, arbitration, and awards. These methods are different in nature, the first two are non-administrative acts, the latter are administrative acts. The Interpretation of the Supreme People's Court on Several Issues Concerning the Implementation (Administrative Proceedings of the People's Republic of China) stipulated in Article 1, paragraph 2, paragraph 3, that mediation acts and arbitration acts provided by law do not fall into the scope of administrative litigation.

In the cases that the court has accepted as civil disputes, some may be suspected of economic crimes, such as parties using contracts to commit fraud. In such cases, the court heard that there were indeed suspected economic crimes. The ruling should be rejected and the relevant materials should be transferred to the public security organ or the procuratorate. If the same civil subject is involved in a civil dispute and an economic crime suspect due to different legal facts, the civil dispute shall be supervised by a civil proceeding, and the economic criminal suspect shall be determined in accordance with the provisions of the Criminal Procedure Law, and the court shall handle the two separately. In the trial of related criminal cases and civil cases, the principle of "priority before the people" is usually adopted, and a criminal judgment is made first, and its predicate power is in civil cases.