According to the provisions of the Civil Procedure Law of People's Republic of China (PRC), the Administrative Procedure Law of the People's Republic of China and relevant laws and judicial interpretations, the main risks that may exist and appear in various stages of civil and administrative cases and their liability principles are as follows:
1. Risk of improper litigation request
Incomplete and inappropriate claims will lead to the result that the unsolicited part is regarded as a waiver and will not be tried. The increase, change or counterclaim of the litigation request shall be made before the expiration of the time limit for adducing evidence. If it is filed within the time limit without justifiable reasons, the court will not accept it.
2. The risk of not paying legal fees on time.
If the plaintiff brings a lawsuit, increases the claim or the defendant counterclaims, and the parties apply for preservation and fail to pay the corresponding fees on time, they will bear adverse consequences.
3. Risk of not providing sufficient evidence
Unless otherwise provided by law, the plaintiff or defendant has the responsibility to provide evidence to prove the facts on which his claim is based or the facts on which the other party's claim is based. If there is no evidence or insufficient evidence, the party with the burden of proof shall bear the adverse or even losing consequences. The risk of providing evidence beyond the time limit for presenting evidence.
4. Risk of not providing original evidence
If an application is made within the prescribed time limit or the appraisal fee is not paid in advance or relevant materials are not provided, the consequences of not entrusting the appraisal shall be borne. Apply to the court for investigation and evidence collection risks. If the party applying for court investigation and evidence collection fails to submit the application and relevant evidence clues within the prescribed time limit as required by the notice of proof, the court may not investigate and collect relevant evidence.
5. Failing to appear in court on time or withdrawing from court halfway without justifiable reasons.
If the plaintiff fails to attend the trial on time, it shall bear the consequences of being deemed to have withdrawn the prosecution;
If the whereabouts of one party is unknown, the trial time of the case may be extended because of the possible announcement, and the case cannot be closed according to the trial time limit stipulated in the procedural law. If the debtor's whereabouts are unknown, there may be no property to enforce, and the creditor will pay the litigation costs for nothing.
6. One party has no property litigation risk.
If the person subjected to execution has no property or property, but it is not enough to pay off all debts, it will lead to the court's suspension of execution of the remaining debts, and the court will resume execution only if the person subjected to execution has property.
Extended data
Prosecution procedure:
1. When a party files a lawsuit, it shall first submit an indictment and submit corresponding copies according to the number of the other party.
2. According to the principle of "whoever advocates gives evidence", the plaintiff should submit the materials of the plaintiff's subject qualification and the evidence to prove the plaintiff's claim when suing the court.
3. When submitting documentary evidence to the court, the parties shall fill in the list of evidence in duplicate, indicating the name and pages of the evidence submitted.
4. The filing court shall, within seven days after the parties perform the necessary procedures and submit relevant evidence materials, handle the filing procedures for those who meet the filing conditions; Those who do not meet the conditions for filing a case shall be ruled inadmissible according to law.
5. The parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receiving the notification of acceptance. If there are difficulties, you can submit a written application for reduction, deferment and exemption to our hospital during the advance delivery period. If they fail to pay the fee within the time limit or the written application for deferment, deferment or exemption is not approved, our hospital will decide to withdraw the lawsuit automatically.
6. After filing the case, the court will arrange the trial of the case, and the parties should obey the work arrangement of the court. After closing the case, the litigation costs will be settled in the financial room, so as to make more refunds and less subsidies.
Baidu Encyclopedia-Litigation Risk
Baidu Encyclopedia-Prosecution (legal terminology)