Author(s)

Cheng Yan ¹

Affiliation(s)

¹ Northwest Normal University, Lanzhou, Gansu, China

Corresponding Author

Cheng Yan

ABSTRACT

In the process of civil litigation, if there are some legal reasons that make the litigation unsuitable or unable to continue, the court may decide to suspend the litigation according to relevant regulations, that is, suspend the trial of the case. After the cause of the suspension disappears, the litigation will be resumed. However, there are some shortcomings in the application process of litigation suspension, such as the need for "punishment before the people" in the substantive trial process? Actually, it's not the case. The main thing to consider is the degree of correlation between the two. If they are independent, then there is no need to suspend the civil litigation process, which will try to avoid unnecessary waste of judicial resources. At the same time, we should also pay attention to the relationship and difference between the suspension of the judgment and the termination of the judgment, and cannot confuse the two, otherwise it will greatly affect the normal operation of civil litigation procedures.

KEYWORDS

Civil litigation, adjudication suspension, criminal first and civil second, adjudication termination, civil litigation procedure

CITE THIS PAPER

Cheng Yan, An analysis of the adjudication suspension procedure—a contract dispute as an example. Science of Law Journal (2023) Vol. 2: 58-64. DOI: http://dx.doi.org/DOI: 10.23977/law.2023.020509.

REFERENCES

[1] Xiao Jianguo, Song Chunlong. The litigation process of civil-criminal crossover cases under the aggregation of responsibilities: reflections on "criminal first and civil second". Journal of Law, 2017, 38(03)
[2] Cai Jingxian. The handling of the principle of Criminal first and Civil second in the Unjust enrichment dispute case [J]. People's Justice, 2012 (22)
[3] Zhao Long. Precedential Discretion: An Exploration of the Statutory Reasons for Discontinuance of Civil and Criminal Cross-Examination. Journal of China University of Political Science and Law. 2023, (01)
[4] Zhang Weiping. The institutional adjustment of the cause of suspension of civil litigation. Beijian Jurisprudence. 2018, 12(03)
[5] Wang Fuhua. Research on the mechanism of civil litigation procedure suspension. Law and Business Research. 2004, (02)
[6] An Mengjie. On the procedural protection of litigation successors [J]. Journal of Taiyuan City Vocational and Technical College, 2021 (09)
[7] Chang Tingbin. On the specific successor and the expansion of the scope of the subject of Res judicata [J]. Social Sciences, 2010 (08)

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