According to the Civil Procedure Law of People's Republic of China (PRC):
Article 1 19 conditions for prosecution
Prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case; ?
(2) Having a clear defendant; ?
(3) Having specific requests, facts and reasons; ?
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
Article 120 Form of prosecution
The prosecution shall submit a complaint to the people's court, and submit copies according to the number of defendants. If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.
Article 123 Filing and accepting cases
The people's court shall guarantee the right of prosecution enjoyed by the parties according to law. A lawsuit that conforms to Article 119 of this Law must be accepted. Those who meet the conditions for prosecution shall file a case within seven days and notify the parties concerned; If it does not meet the conditions for prosecution, it shall make a ruling within seven days and refuse to accept it; If the plaintiff refuses to accept the ruling, he can appeal.
Extended data:
According to the Civil Procedure Law of People's Republic of China (PRC):
Article 125 Service of indictment and submission of reply
The people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receipt. The defense shall specify the defendant's name, gender, age, nationality, occupation, work unit, residence and contact information; The name and domicile of the legal person or other organization and the name, position and contact information of the legal representative or principal responsible person.
The people's court shall send a copy of the defense to the plaintiff within five days from the date of receiving the defense. If the defendant fails to submit the defense, it will not affect the trial of the people's court.
Article 126 notification of rights and obligations
The people's court shall inform the parties concerned of their litigation rights and obligations in the notice of accepting the case and the notice of responding to the lawsuit, or orally.
Article 127 Jurisdiction objection and defendant's jurisdiction
After the people's court accepts the case, if the parties have objections to the jurisdiction, they shall raise them during the period of submitting the defense. The people's court shall examine the objections raised by the parties. If the objection is established, it shall be ordered to transfer the case to the people's court with jurisdiction; If the objection is not established, the ruling shall be rejected. If the parties fail to raise any objection to the jurisdiction and respond to the lawsuit, it shall be deemed that the people's court against whom the lawsuit is filed has jurisdiction, except those that violate the provisions on hierarchical jurisdiction and exclusive jurisdiction.
Article 128 Members of the collegial panel inform
After the members of the collegial panel are determined, the parties concerned shall be informed within three days.
Article 129 Examination and evidence collection
The judge must carefully examine the litigation materials and investigate and collect the necessary evidence.
Article 130 Investigation procedure
When the people's court sends personnel to conduct an investigation, they shall show their certificates to the person under investigation. After the investigation record is reviewed by the respondent, it shall be signed or sealed by the respondent and the investigator.
Article 13 1
When necessary, the people's court may entrust a foreign people's court to conduct an investigation. The entrusted investigation must put forward clear items and requirements. The entrusted people's court may take the initiative to supplement the investigation. The entrusted people's court shall complete the investigation within 30 days from the date of receiving the power of attorney. If it cannot be completed for some reason, it shall notify the entrusted people's court by letter within the above-mentioned time limit.
China People's Congress Network-People's Republic of China (PRC) Civil Procedure Law