2. The contents and forms of the survey are different. It is more complicated to investigate and collect evidence by ordinary procedures, and simpler to investigate and collect evidence by simple procedures.
3. The range of punishment is different. The punishment range of ordinary procedure adaptation is higher.
4. The closing time is different
What are the characteristics of ordinary procedures?
Compared with other litigation procedures, ordinary procedures have the following characteristics:
1. Ordinary procedures are complete. Its performance is as follows: from the system point of view, the ordinary procedure includes various legal litigation stages, such as prosecution by the parties, court acceptance, preparation before trial, trial and judgment, and each litigation stage is connected with each other in sequence, and the system is complete, reflecting the basic laws of trial activities and litigation activities. From the content point of view, the general procedure has made specific and clear provisions on the specific content of each litigation link, and has also made provisions on some necessary litigation systems, such as withdrawal of the lawsuit, judgment by default, suspension of the lawsuit and termination of the lawsuit. They do not belong to a certain litigation stage, but they are essential to deal with special problems that may arise in litigation.
2. Ordinary programs are relatively independent. It is embodied in the following aspects: the application of ordinary procedures to the trial of civil cases is an independent litigation procedure that does not depend on summary procedure, second instance procedure and trial supervision procedure, except for the implementation of the basic principles and basic systems of the general provisions of the Civil Procedure Law. No matter whether the court tries ordinary litigation cases or major and complicated litigation cases, it can conclude them only by applying ordinary procedures.
3. Ordinary procedures have wide applicability. Ordinary procedures are applicable to all kinds of courts at all levels to hear litigation cases. Courts at or above the intermediate level and specialized courts must apply ordinary procedures in trying civil cases of first instance; In addition to simple civil cases, grass-roots courts must apply summary procedures and small claims procedures, and other cases must also apply ordinary procedures.
At the same time, because the general procedure is complete and systematic, it can be widely applied to the trial of first-instance civil cases, appeal cases and retrial cases. Summary procedure, second instance procedure and trial supervision procedure in China's civil procedure are special procedures for dealing with simple civil cases, appeal cases and retrial cases, which are highly targeted but not systematic and complete. In the process of hearing these cases, the court should apply the relevant provisions of ordinary procedures whenever the corresponding procedures are not stipulated. This feature of ordinary procedure reflects the relationship between ordinary procedure and other litigation procedures, and reflects the differences and coordination between litigation procedures.
Legal basis:
Civil Procedure Law of the People's Republic of China
Article 142 After the court debate is concluded, a judgment shall be made according to law. If mediation can be conducted before the judgment, mediation can also be conducted. If mediation fails, the judgment shall be made in time.