Which cases require a ruling

Mondo Social Updated on 2024-02-07

The ruling plays an important role in the judicial process and is mainly applicable in the following situations:

Dismissal of private prosecution in criminal casesWhen, after accepting a minor criminal case whose jurisdiction should be directly accepted by this court, or in which investigation is not required, if the private prosecutor is unable to provide supplementary evidence and is unwilling to withdraw the private prosecution, the court may rule to reject the private prosecutor's complaint against the defendant in accordance with the provisions of Article 211, Paragraph 1 (2) of the Criminal Procedure Law.

Suspension of criminal casesIn some criminal cases, due to special circumstances, such as the defendant suffering from a serious illness and being unable to appear in court, or the case requires supplementary investigation, the court may rule to suspend the trial and resume the trial after the circumstances have disappeared.

Dismissal of Prosecution in Civil Cases: When a civil action filed by the plaintiff does not meet the conditions for filing a lawsuit, the court may rule to dismiss the lawsuit. This usually occurs when the complaint fails to provide the necessary information as required, the subject of the complaint is not qualified, the defendant is unclear or non-existent, and the claim is unclear or not within the scope of the court.

Property preservation and prior enforcement in civil casesIn a civil case, if a party applies for property preservation or prior enforcement, the court may make a corresponding ruling if it finds that it meets the requirements after review.

Permission or dismissal in civil casesWhen the plaintiff applies to withdraw the lawsuit in the course of litigation, the court may decide whether to allow the withdrawal of the lawsuit according to the circumstances.

Suspension or termination of proceedings in civil casesIn some cases, the court may rule to suspend the litigation if one of the parties dies and needs to wait for the heirs to indicate whether to participate in the litigation, or if one of the parties is incapacitated and has not yet determined the legal person. The court may rule to terminate the litigation when there are certain statutory reasons in the course of the litigation that make it impossible or unnecessary for the litigation to continue.

In addition, the ruling is also applicable to some other procedural matters, such as correcting clerical errors in the judgment and inadmissibility. In general, rulings are widely used in both criminal and civil cases, mainly to deal with procedural issues and some substantive issues.

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