Intern reporterWang Weiwei   ;  ;employee goes to work late ,may be to pay ;and for serious court hearing ,the parties are late ,the judge is very helpless .Recently, a reporter from the city court to court ,parties to the phenomenon of late has been widespread, each of the ten cases there are two or three parties late phenomenon .
Legal experts, proposed legislation to clarify the party late and not to limit ,to being late in violation of discipline of the court fined .Late party is the defendant not long ago ,Mentougou court in the trial due to open the vindictive car caused traffic accident cases ,the defendant BMW lady owner Jiang Mou for 40 minutes late,the judge and the bailiff even to their home to find .
Jiang after the court simply explained ,he got up late . The parties to court the phenomenon of late or more, but the late definitely not a reasonable reason .Yesterday, Fengtai court of people of judge Zhao Xudong said ,for being late ,when the party is the largest traffic reasons ,followed by the weather reason .
He said ,now the court work pressure is very big ,a lot of trial of the case ,I may one day ranked four chambers ,one or more court party late, it will affect the other cases .District Court Civil Tribunal judge Lan Nan said ,in his case ,almost every ten case ,will meet two or three parties late ,which was mostly the defendant .
She thinks ,the parties being late is not only on their rights to disregard the law ,to the other party ,and the courts do not respect .In addition ,because the judge hearing is arranged ahead of time ,a party to the case of late ,probably leading to the back of the parties to the case as well as ,a waste of everyone .
Late how long count abstention. late person, if there is a justifiable reason ,judges will also forgive .Zhao Xudong said ,being late for class time is not long ,the less controversial cases ,the parties to be a few minutes late ,as long as do explain ,apologize ,the judge will forgive .
Lan Nan also said ,for late in 20 minutes, if you can provide reasonable grounds, in general the judges will forgive .At the same time ,according to the Civil Procedure Law of the relevant provisions, the court may execute disciplinary punishment for being late ,the court make or do review .
But for malicious delay behavior ,the law have the severe punishment measures ?Reportedly ,China the parties did not appear in court to have the corresponding stipulation ,the plaintiff did not appear in court by automatic treatment withdrawn, the defendant does not appear before the court in accordance with the default judgment ,but this rule in actual operation has certain difficulty .
The parties does not appear before the late ,how long is the Absence ,is absent trial or by withdrawing treatment ,there is no clear provisions . If in the Civil Procedure Law of this provision, the processing is very strict, we generally do not have .
Lan Nan said ,especially for the labor dispute case ,once the plaintiff was late was ruled as automatic withdrawal ,the arbitration award shall immediately .Because the arbitration is a 15day period,once the first trial by automatic treatment withdrawn, the plaintiff cannot sue .
Because of the interests of the parties concerned too much influence, so everyone on the late behavioral tolerance is large, but also very helpless .The expert suggests to late to Peking University Law School with fine doctoral tutor Pan Jianfeng expresses when accepting a reporter to interview ,the current traffic situation is indeed more congestion may occur ,the parties to the traffic time surplus ,but still the phenomenon of late ,in the legal sense, although not be the reason, but also must face objective reasons .
Pan Jianfeng said ,the civil procedure rules are clear ,and automatic withdrawal of default judgment rules and not for being late ,but for no legitimate reason not to appear .He said ,in the current trial practice, different courts are generally limited to half an hour ,half an hour after the parties have emerged ,with no justification is not to deal with .
He suggests ,the various courts can make internal regulations ,such as limited to 30 minutes ,before the court will be clearly defined this time inform both parties, if again exceed the prescribed being late ,you can perform the law stipulates .
Pan Jianfeng said ,performing automatic withdrawing and judgment by default for the parties concerned is a very serious consequences ,so in the future legislation, may be considered to be the late and refused to respectively ,for the two different levels of behavior to adopt different methods of punishment ,the late in violation of the court disciplinary fines is enough .
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And it had a relationship, after not texting each other continue to harass ,take the train to Beijing will corrosive liquids spilled to the netizen facial .Recently, Xicheng District the crime of intentional injury to Zhang Xue arrest .
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At present, Zhang Xue was arrested for the crime of intentional injury by the Xicheng District procuratorate to arrest .To share: welcome to comment I want to comment micro-blog recommended