What are the legal grounds for not filing a case?
The legal basis for not filing a case mainly involves criminal proceedings and civil proceedings.
I. The legal basis for criminal proceedings for not filing a case.
1.The Criminal Procedure Law of the People's Republic of China stipulates that in any of the following circumstances, criminal responsibility shall not be pursued, and where it has already been investigated, the case shall be withdrawn, or not prosecuted, or the trial shall be terminated, or acquitted: the circumstances are obviously minor, the harm is not great, and it is not considered a crime;The statute of limitations for prosecution has expired for the crime;Exemption from punishment by amnesty order;Crimes that are dealt with only after being complained of in accordance with the Criminal Law, and where the complaint is not made or the complaint is withdrawn;The criminal suspect or defendant is deceased;Other laws provide for exemption from criminal responsibility.
2.According to the "Provisions of the People's Republic of China on the Procedures for the Handling of Criminal Cases by Public Security Organs", public security organs shall promptly conduct investigations into criminal cases that have already been filed, and comprehensively and objectively collect and collect evidence of the criminal suspect's guilt or innocence, or the severity or seriousness of the crime.
II. The legal basis for civil litigation for not filing a case.
1.The Civil Procedure Law of the People's Republic of China stipulates that after accepting a case, if a people's court finds that it meets the requirements for filing a lawsuit, it shall file the case within seven days and notify the parties;Where the requirements for initiating a lawsuit are not met, a written ruling shall be made within 7 days and will not be accepted.
2.The Civil Procedure Law of the People's Republic of China stipulates that the people's court may, upon the application of the parties, rule to enforce in advance in the following cases: (1) recovering alimony, alimony, child-rearing expenses, pensions and medical expenses;(2) Recourse to labor remuneration;(3) Where it is necessary to enforce it in advance due to the urgency of the situation. Where the people's court rules for prior enforcement, the following conditions shall be met: (1) the relationship between the rights and obligations between the parties is clear, and failure to enforce the law will seriously affect the applicant's livelihood or production and operation;(2) The respondent has the ability to perform;(3) The applicant resides within the jurisdiction, has a clear domicile or place of business, and has the ability to perform obligations.
In short, the legal basis for not filing a case mainly involves criminal proceedings and civil proceedings. When faced with the situation of refusing to file a case, the parties should understand the relevant legal provisions and procedures in order to better protect their legitimate rights and interests.