During the course of criminal proceedings, the legal time of various litigation stages and various litigation actions. During the period, it is a mandatory requirement for the judicial organs to comply with the law to protect the legitimate rights and interests of the parties.

During the process of calculation, the problems of holidays are often encountered. In other words, how should the last day of the period be handled for the holidays? This should be divided into two situations: the first is to effectively protect the litigant's right to litigate, the last day of the period is a holiday, the first day after the holiday is the expiration date. During the period of criminal proceedings, such as the calculation of an appeal or protest, the last day of the period shall be a holiday, and the first day of the period shall be the expiry date of the period. The second is to protect the personal rights and interests of the parties, for criminal suspects, defendants, criminals in custody period, shall be calculated when the expiration of the period cannot be extended custody period because of the holiday.

During the process of the litigation, some special cases are encountered, causing the parties to delay the litigation and not exercise their right of litigation in time. Therefore, the law also makes corresponding provisions for this situation. The delay means that the parties have not completed the action to be completed within the prescribed period. Of course, the reasons for delay in litigation may be multifaceted. If the parties are delayed due to subjective intent or negligence, then the right to carry out the action is forfeited. If a party encounters some special circumstances and delays the deadline, it may apply to the people's court for a period of delay. Apply for postpone the reason mainly has the following two kinds: the first is encountered some irresistible reasons, the parties, such as earthquake, flood, typhoon, etc., cut off traffic, so can't some sort of litigation, during the period of delay; Second, the parties have other legitimate reasons, if the patient is inpatient with the hospital operation and so on, causes the party to be unable to complete a certain lawsuit behavior on time, thus delayed the period.

In order to ensure that the litigation rights of the parties, in the cause of the parties can not exercise their litigation obstacles to eliminate, within five days after the parties concerned may apply to the people's court for the evening, to continue to complete the activity should be completed before the expiration of the lawsuit. Apply to postpone, of course, need to apply for oral or written to a people's court by the parties, if within five days after the obstacle to eliminate, the parties did not apply for, as its automatic give up the lawsuit behavior. After receiving an application from the party concerned, the people's court shall make a serious examination, and if the application is deemed to have a valid reason, it shall make a decision to grant the extension of the application. The extension of this statutory period can only be the time limit for the actual delay, rather than the extension of the statutory period.