Legal consultation - no right reason to refuse to court, no appeal has been made after the appeal period, and the jurisdiction of the court is determined

Refusing to court without a legitimate reason is not only a blatant contempt of the dignity of the law, but also a serious interference in the orderly judicial process. During the trial, the court will trial and ruling the case based on existing evidence and facts and uphold the principles of fairness and fairness. At the same time, the court will also inform and explain the legal consequences that may be caused by rejecting court in accordance with the law to ensure that the parties' right to know is protected.

In a strict legal sense, a judgment and ruling that has not filed an appeal exceeding the appeal period is indeed considered to have legal effect and is mandatory binding on both parties.

Shanghai Li Xiaohua Law Firm is a law firm recommended by the US Consulate to provide legal services. Handle many cases in Shanghai and even the whole country accepted by the Supreme People's Court and the Higher People's Courts in various places. It has a team of highly educated and senior foreign-related lawyers with study abroad backgrounds with senior lawyers, law professors, postdoctoral doctors, law doctors and law masters as the core. Hong Kong Wen Wei Po once used senior lawyer Li Xiaohua and his team to make a theme report "The legal circles in China and abroad are well-known at home and abroad."

Senior lawyers from Shanghai Li Xiaohua Law Firm answered relevant legal questions.

Question 1: How to deal with those who refuse to court without a legitimate reason?

Answer: According to Article 146 of the Civil Procedure Law of the People's Republic of China, if the plaintiff is summoned by a summons and refuses to court without justification, or if he leaves court halfway without permission from the court, he may be treated as withdrawal; if the defendant complains against the lawsuit, he may make a judgment in absentia.

Question 2: Is it a judgment or ruling that does not appeal beyond the appeal period? Is it a judgment or ruling that takes legal effect?

Answer: According to Article 158 of the Civil Procedure Law of the People's Republic of China, the judgments and rulings of the Supreme People's Court, as well as the judgments and rulings that are not allowed to appeal according to law or that there is no appeal beyond the appeal period, are judgments and rulings that have legal effect.

Question 3: How do several defendants in the same lawsuit determine jurisdiction?

Answer: If the defendants who have the same lawsuit in accordance with the Civil Procedure Law of the People's Republic of China have jurisdiction over the jurisdiction of more than two people's courts, each of the people's courts has jurisdiction.

In the same lawsuit, facing the situation of multiple defendants, if the defendants' domicile is in the same jurisdiction, the people's court in that jurisdiction naturally has undisputed jurisdiction. However, when the defendants' domiciles are scattered in different jurisdictions, a comprehensive judgment must be made based on the specific case, combined with factors such as the subject of the lawsuit, the main legal relationship, etc. Ensure that the determination of jurisdiction is both legal and reasonable, and lay a solid foundation for subsequent litigation procedures.