Legal analysis: First, file a case for acceptance. When bringing a lawsuit to the court, the plaintiff shall submit a complaint and relevant evidence materials, and submit a copy of the complaint and evidence according to the number of defendants. Second, pre-trial preparation. Within five days after the court accepts the case, the defendant shall be served with a copy of the complaint, a notice of responding to the lawsuit, a notice of litigation rights and obligations, a notice of proof, and a court summons. After the defendant responded to the lawsuit, he served a court summons on the plaintiff. When summoning both parties in accordance with the law, the court should make all kinds of preparations for the hearing, such as informing the parties that they must participate in the proceedings, investigating the necessary evidence, informing the members of the collegial panel of the parties, and presiding over the exchange of evidence before the hearing. Third, the trial. At the hearing, the clerk first announced the court discipline, and the judge found out the appearance of the parties and asked whether the parties applied for withdrawal. Trial is divided into court investigation, court debate, court mediation or judgment. The court investigation is mainly to find out the facts of the case under the guidance of the judge, and the parties should fully prove and cross-examine at this stage. Fourth, appeal. If a party refuses to accept the judgment or ruling of the people's court of first instance, he may appeal to the people's court at the next higher level within the statutory time limit. V. Application for retrial and appeal. If the parties, their legal representatives or interested parties think that there are errors in the legally effective civil or administrative judgments, rulings or conciliation statements of the people's courts, they may apply for a retrial. If the parties concerned, their legal representatives or close relatives believe that there is indeed an error in the legally effective criminal judgment or ruling, they may appeal to the people's court. Sixth, apply for execution. After the written judgment, ruling, conciliation statement and payment order become legally effective, if the debtor fails to perform his debts within the period specified in the above-mentioned documents, the creditor may apply to the people's court for compulsory execution.
Legal basis: Article 119 of the Civil Procedure Law of People's Republic of China (PRC) 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) Belonging to the scope of civil litigation accepted by the people's court and the jurisdiction of the sued people's court.