Traditional Culture Encyclopedia - Photography and portraiture - If you have financial disputes over illegally built private houses in rural areas, can you not sue them in court?
If you have financial disputes over illegally built private houses in rural areas, can you not sue them in court?
As long as it is legal and reasonable, you can sue. The circumstances in which a lawsuit is dismissed in a civil lawsuit include: the subject is not qualified, the defendant is unclear, there are no specific claims, facts and reasons, it does not fall within the scope of the people's court to accept civil lawsuits, it is found to be a criminal offense after accepting the case, and the case is accepted in administrative litigation within the scope of the case, there is an arbitration agreement, it is a labor dispute, divorce and adoption cases do not meet the conditions for prosecution, and there are repeated prosecutions.
Legal Analysis
The lawsuit should be dismissed if the plaintiff lacks litigation rights and capacity. When filing a case for review, the people's court shall examine the plaintiff's ability to litigate and conduct. The lawsuit is dismissed if the plaintiff is not a party directly interested in the case. When filing a case for review, the People's Court shall guarantee the parties' right to file a lawsuit. A lawsuit is dismissed without a clear defendant. A clear defendant refers to one or more specific citizens, legal persons or other organizations that the plaintiff claims bear civil liability and perform civil obligations. The lawsuit is dismissed without specific claims, facts and reasons. Litigation claims refer to the content of the plaintiff's request to the People's Court to protect its civil rights; facts and reasons refer to the basis for the plaintiff's request. Prosecutions that do not fall within the scope of the work of the People's Court shall be dismissed. If a judgment or ruling has become legally effective and a party files a lawsuit, if the party refuses after being informed that it will be handled according to the complaint, the lawsuit will be dismissed. According to the law, if a party is not allowed to initiate a lawsuit within a certain period of time, the case will be dismissed if the case is initiated within the time limit. If there are no new circumstances or new reasons for a divorce case that is not allowed to be divorced or a divorce that has been reconciled through mediation, or a case in which the adoption relationship is maintained through mediation, and the plaintiff files another lawsuit within six months, the case should be dismissed and the lawsuit should be dismissed. If it falls within the scope of administrative litigation, in accordance with relevant laws and regulations, if it falls within the scope of administrative litigation, the plaintiff shall be notified of the rejection of the administrative litigation. If the two parties have an arbitration agreement and agree to arbitrate, the plaintiff should be notified to apply for arbitration to an arbitration institution. If the lawsuit is still not withdrawn, the lawsuit will be dismissed. The dismissal and prosecution of labor dispute cases that have not been subject to labor arbitration or labor disputes that have been subject to labor arbitration but are not accepted by the People's Court.
Legal Basis
"Civil Procedure Law of the People's Republic of China"
Article 112 Malicious collusion between parties in an attempt to pass If litigation, mediation, or other methods infringe upon the legitimate rights and interests of others, the People's Court shall reject the request and impose a fine or detention according to the seriousness of the case; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
Article 119: A lawsuit must meet the following conditions: (1) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts and reasons; (4) It falls within the scope of the people's court to accept civil litigation and the jurisdiction of the people's court subject to the lawsuit.
Article 123: The People's Court shall protect the litigants' right to sue in accordance with the law. Prosecutions that comply with Article 119 of this Law must be accepted. If the case meets the conditions for prosecution, the case shall be filed within seven days and the parties shall be notified; if the conditions for prosecution are not met, a ruling shall be made within seven days and the case will not be accepted; if the plaintiff is dissatisfied with the ruling, he may appeal.
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