Online filing process

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The blogger is still preparing to file a lawsuit , The specific operation process needs to be continuously updated …
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As a layman, it is difficult to fight a lawsuit …

Online filing operation process

Open wechat applet , Search for “ People's court online service ”, Click to enter , Click the certification tab on the home page , Enter the authentication interface to start authentication , Check 《 Online service litigation procedures of the people's court （ On a trial basis ）》 Then click “ agree! , Start validation ” Enter the certificate verification page .

One 、 Authentication operation

Real name authentication

Click unauthenticated , Enter the certificate verification page .

After successful face recognition, enter the reading notification interface , Click on “ Agree and sign ”, Once the signature is completed, the authentication can be completed .

Two 、 Trial filing

1 Click on the home page “ I want to file a case ”

Trial filing , As we are still in the preparatory stage, we will use other screenshots to replace the following environment .

Click on “ Trial filing ”

Click on “ Unwilling ”

Third party mediation of disputes means , After the dispute , Third party coordination between the parties to the dispute 、 help 、 Under promotion , Negotiation 、 Discuss , Reach an agreement , Eliminate disputes , Sign the mediation agreement , Establish a new relationship of rights and obligations .

The third party is not an independent expression of intention in dispute mediation , On the premise of respecting the wishes of both parties , The purpose is to promote the parties to form a unanimous expression of intention , Organize mediation 、 Promoting communication 、 offer a proposal 、 Witness the agreement . A mediation agreement has the same contractual effect as a negotiation agreement , But it has no enforcement effect . The following will introduce you in detail , Third party mediation mechanism for disputes .

Click on “ Apply for ”, Select the court to accept the case , The type of case is “ Civil first instance ”.

Check “ Notice for filing ” Click on “ next step ”,

2 Submit material

Upload material ,
Indictment 、
Identification of the parties 、
Entrustment procedures and identity certificate of the entrusted agent 、
Evidence 、
Other materials 、
Confirmation of address for delivery （* Is required ）,
Click on “ next step ”.（ Upload at most once 20 File , The size of a single file cannot exceed 50MB）.

3 Filing application information

Fill in the litigation participant information （ plaintiff 、 The defendant ）, Include name 、 Certificate type and number 、 Place of residence 、 Mobile phone number, etc. （* Is required ）, When all the information is completed , Click on “ Submit ” Can finish .

3、 ... and 、 Execution and filing

1、 Click on the home page “ I want to file a case ”
2、 Click on “ Execution and filing ”
3、 Select the court to accept the case , The type of case is “ First execution ”

4、 Read the online service notice of the people's court , Click on “ Agree and fill in the registration information ”

1 Material information

Execute the filing application 、 Legal instruments in force 、 Authorization materials 、 Applicant identification materials 、 Certificate of proof and other materials 、 Confirmation of address for delivery （* Is required , Upload at most once 20 File , The size of a single file cannot exceed 50MB）

2 Application information

Fill in the cause of the case 、 Execution by type 、 Whether it is associated with the original case number 、 ID No. of relevant personnel in the case 、 Original case No 、 The unit making the execution basis 、 Execution basis main text （* Is required ）

3 Add litigation participants

The type of people 、 Identity type 、 Litigation status 、 full name 、 Certificate type and number, etc （* Is required ）, When all the information is completed , Click on “ Submit ” Can finish .

Reserve knowledge

What does it mean to execute the filing application ?

【 Legal analysis 】

The proceedings in civil cases include ： First instance 、 second instance 、 retrial 、 perform .

Apply for execution , It is the beginning of the execution procedure .

Application for enforcement refers to the parties who have rights according to the effective legal documents , Because the obligor refuses to perform the obligation within the time limit , In order to realize the legal rights of the obligor , So as to request the people's court to enforce it according to law .

The party concerned applies to the people's court for execution , The following materials must be submitted to the court ：

1、 An application for enforcement .

If the applicant is a legal person or other organization , The application for compulsory execution shall be affixed with the official seal. If the executor is a natural person , The application for enforcement shall be signed or fingerprinted by me .

2、 A copy of the applicant's ID card or business license , Entrusted to apply for enforcement on behalf of , Together with the power of attorney .

3、 One original and two copies of the effective legal document with the content of enforcement . The parties shall submit the certificate of effectiveness of the judgment issued by the court .

4、 List of property clues of the respondent and address of the person subjected to execution 、 Contact information and other materials .

【 Legal basis 】

《 Civil Procedure Law of the people's Republic of China 》 Article 236 A legally effective civil judgment 、 Rule , The parties must perform .

One party refuses to perform , The other party may apply to the people's court for execution , It can also be transferred by the judge to the executor for execution .

Conciliation statement and other legal documents that should be executed by the people's court , The parties must perform .

One party refuses to perform , The other party may apply to the people's court for execution .

Execute the filing application

Execute case application

Application for execution

Application executor ：XXXX, male , The han nationality ,XXXX year X month X Day born , Native place , No fixed occupation , Live now XXXXXXXXXXX, ID number ：XXXXXXXXXXXXXX, Telephone ：XXXXXXXX.

Executor ：XXXXXX Organization code certificate of a limited liability company ：XXXXXXXXXXXX Legal representative ：XXXXX, The manager of the company calls ：XXXXXXXXX Address ：XXXXXXXXXXXXXXXX

Executor ：XXXXXXX, male , The han nationality ,XXXX year X month X Day born , Native place , live XXXXXXXXXXXXXXXXXXXXX, ID number ：XXXXXXXXXXXXXXXXXX, Telephone ：XXXXXXXXX.

The case of the labor contract dispute between the applicant for enforcement and the person subjected to enforcement , Already by XXXX The people's court made XXXXX Civil judgment No , The judgment has come into force , However, the person subjected to execution refuses to perform the obligations specified in the judgment , Therefore, we hereby apply to your court for enforcement .

Request items ：

1、 Request the person subjected to compulsory execution according to law to pay service fees XXX element , Liquidated damages XXX element , The deposit XXX element , Legal fees XXX element , total XXXXX element .

2、 The execution cost of the case shall be borne by the person subjected to execution .

attach ：
1、 A copy of the applicant's ID card .
2、XXXX The people's court XXXXXX A copy of civil judgment No . advance XXXX The people's court

Applicant ：
Specific date

The necessary conditions for the implementation of case filing

According to relevant laws and regulations , The court accepts enforcement cases , The following conditions must be met ：

1、 The legal instrument on which the application for enforcement is based has come into force .
2、 The applicant for enforcement is the obligee or its successor determined by the effective legal instrument 、 Heir to title .
3、 The application for execution shall be submitted within the statutory time limit .
4、 The effective legal document has a clear content of payment , And the subject of execution and the person to be executed shall be clear .
5、 The case falls within the jurisdiction of the receiving court .

In addition to the above conditions , Laws and regulations have also made corresponding provisions on the relevant time limit , The case shall be examined at the same time .

1、 The time limit for the obligee to apply for enforcement is two years .

2、 The party concerned delays the time limit due to force majeure or other legitimate reasons , Apply for suspension of execution period . From the day the obstacle is removed , Continue to calculate during the application execution period .