Prosecution is the act of bringing a lawsuit to the court according to law and requesting the court to hear a specific case. The prosecution of criminal cases lies in asking the court to convict and sentence the defendant through trial; Bringing a criminal incidental civil action requires the court to investigate the defendant's economic compensation liability through trial. The prosecuting party must be a citizen or legal person who has the right to sue in a court with jurisdiction at night according to law. In our country, the prosecution of criminal cases mainly refers to the prosecution of the people's procuratorate. Only the victim or his legal representative is told to deal with it and other minor criminal cases that do not need to be investigated can private prosecution be initiated; Civil actions incidental to criminal proceedings can be brought by the victim and his legal representative, or by the people's procuratorate and the infringed legal person.
Conditions for prosecution:
This case belongs to the jurisdiction of the people's court.
The jurisdiction of the court over various cases is a relatively complicated issue. In most cases, civil cases are under the jurisdiction of the court where the defendant lives. If Party A signs the money owed to Party B, depending on Party A's domicile, it will bring a lawsuit to the court of Party A's domicile. But if it is a case in traffic accident compensation, it is usually filed in the court where the traffic accident occurred. If it is a property inheritance dispute, it will be filed in the court where the property is located. In most cases, the original defendant is from the same county, and there is no jurisdiction dispute, so he can directly sue in the county court.
The plaintiff is a direct interested party in this case or a person whose legitimate rights and interests have been infringed.
Not everyone can bring a lawsuit to the court, and the case must have a legal interest with the plaintiff. Tong Guoquan belongs to the plaintiff who has an interest in this case. If Tong Guoquan's father sued the court, it would be impossible, because Zhang didn't borrow his father's money. If a child can't bring a lawsuit to the court in person, he can entrust his father or other relatives to bring a lawsuit to the court, but he must have a written power of attorney.
There is a clear defendant.
Whoever infringes on your legitimate rights and interests is the defendant. In the case of Tong Guoquan, the defendant should be Zhang himself. The defendant should not be listed as Zhang's family. Of course, if there is evidence that Zhang borrowed money for family expenses, Zhang and his wife can also be listed as co-defendants.
There are specific claims, facts and reasons.
There must be specific and clear requirements before the court can hear and make a judgment. In the child case, the child's claim should be: "Order the defendant Zhang to repay the loan 1 000 yuan and deferred interest.
Materials to be submitted to the court
First, write a qualified complaint, including the basic information of the plaintiff and the defendant (clear name, address, occupation, age, work unit, etc.). ), claim, facts and reasons. Secondly, it is necessary to provide a copy of the main evidence and a copy of the plaintiff's ID card. As far as Tong's case is concerned, the materials that should be provided are: 2 indictment, 2 written testimonies of witnesses who know Zhang Xiangqi's loan, and Tong's ID card 1 copy.
A4(2 10×297mm) paper shall be used for all materials.
Prosecution procedure
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1. When a party files a lawsuit, it shall first submit an indictment and submit corresponding copies according to the number of the other party. If the parties are citizens, the names, gender, age, place of origin and address of both parties shall be stated; If the party is a unit, the name, address, legal representative or person in charge of the unit shall be stated. The body of the indictment shall specify the facts and reasons for the request and prosecution, and the tail shall be signed or stamped with the official seal.
Litigation filing process
Two, according to the principle of "who advocates who gives evidence", the plaintiff shall submit the following materials to the court:
1, plaintiff qualification materials. Such as the original and photocopy of the resident ID card, residence booklet, passport, home visit certificate for Hong Kong and Macao compatriots, marriage certificate and other evidence; If the enterprise is the plaintiff, it shall submit a copy of the business license, business registration certificate and other materials.
2. Evidence to prove the plaintiff's claim. Such as contracts, agreements, debt instruments (IOUs, IOUs, etc. ), send and receive vouchers, letters, etc.
Three, the parties to submit documentary evidence to the court, should fill in the list of evidence in duplicate, detailing the name of the evidence submitted, the number of pages. After the evidence is verified by the court undertaker, the undertaker shall sign and seal the evidence list, one for the parties and one for the file.
Four, the filing court in the parties to perform the necessary procedures and submit relevant evidence materials, within seven days, to meet the conditions for filing, filing procedures; Those who do not meet the conditions for filing a case shall be ruled inadmissible according to law.
Five, the parties shall, within seven days from the date of receiving the notice of acceptance, pay the case acceptance fee and other litigation fees in advance. If there are difficulties, you can submit a written application for reduction, deferment and exemption to our hospital during the advance delivery period. If they fail to pay within the time limit or the written application for deferment, deferment or exemption is not approved, and they still fail to pay in advance, our hospital will decide to withdraw the lawsuit automatically.
Six, after the completion of the filing procedures, the case shall be arranged by the court, and the parties shall obey the work arrangement of the court, and settle the litigation costs in the financial room after the case is closed.