(5) With respect to cases in which a judgment or order has already taken legal effect, but one party again brings a suit, the people s court shall notify that party to file an appeal instead, with the exception of those cases in which an order is rendered by the people s court allowing the withdrawal of an action;
(6) If cases that are not permitted by law to be filed within a specified period are filed during the same period, they shall not be accepted;
(7) If a divorce suit in which a judgment has been made not granting the divorce, or in which both parties have become reconciled after conciliation, or in which the plaintiff has withdrawn the suit, or any suit concerning adoptive relationship in which a judgment has been made or conciliation conducted to maintain the adoptive relationship is refilled within six months without new developments and reasons, it shall not be accepted, unless the suit is brought by the defendant of the original case.
Article 112. When a people s court receives a bill of complaint or an oral complaint and finds after review that it meets the requirements for acceptance, it shall file the case within seven days and notify the parties concerned; if the complaint does not meet the requirements for acceptance, the court shall within seven days order that the complaint be rejected. If the complainant has an objection against the order, he may file an appeal.
SECTION 2 PREPARATIONS FOR TRIAL
Article 113. The people s court shall send a copy of the bill of complaint to the defendant within five days from its acceptance of the case, and the defendant shall file a bill of defence within 15 days from his receipt of the copy of the bill of complaint.
If the defendant files a bill of defence, the people s court shall send a copy of the bill of defence to the plaintiff within five days from its receipt. Failure by the defendant to file a bill of defence shall not prevent the case from being heard by the people s court.
Article 114. The People s court shall, in relation to cases whose acceptance has been decided, notify the parties orally or in the notification on case acceptance or in notification on response to prosecution, of their relevant litigation rights and obligations.
Article 115. The parties shall be promptly notified after members of the collegial panel are decided.
Article 116. The judicial personnel must carefully examine the case materials and carry out investigation and collection of necessary evidence.
Article 117. The personnel sent by a people s court to conduct an investigation shall first show their credentials to the person being investigated. The written record of an investigation shall be checked by the person investigated and then signed or sealed by both the investigator and the investigated.
Article 118. A people s court may, when necessary, entrust a people s court in another locality with an investigation.
The entrusting people s court shall clearly set out the matters and requirements of the entrusted investigation. The entrusted people s court may on its own initiative conduct supplementary investigation.
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本文关键词:民事诉讼
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