What are the usual fight prosecution procedures and charging standards?
Proceedings usually take three months. The specific process is that the parties sue, the court accepts, and then the trial. Generally, it only costs 50 to 100 yuan to sue.
Due to different types of cases, the court's trial period is also different.
Take civil cases as an example: Article 149 of the Civil Procedure Law stipulates that a case tried by the people's court through ordinary procedures shall be concluded within six months from the date of filing the case. If there are special circumstances that need to be extended, it can be extended for six months with the approval of the president of our hospital; If an extension is needed, it shall be reported to the people's court at a higher level for approval.
Article 161 of the Civil Procedure Law stipulates that the people's court shall conclude a case by applying summary procedure within three months from the date of filing the case.
The procedure of court prosecution is, according to Article 109 of the Civil Procedure Law: "The prosecution shall submit a complaint to the people's court. And submit one copy according to the number of defendants. "
When a party brings a lawsuit, it shall first submit an indictment; According to the principle of "who advocates who gives evidence", the plaintiff brought a lawsuit to the court and submitted relevant materials; When the parties submit documentary evidence to the court, they shall fill in the list of evidence in duplicate, and specify the name of the evidence submitted in detail; For those who meet the filing conditions, go through the filing procedures; The parties pay the case acceptance fee and other litigation fees in advance; The case is scheduled to be heard by the court.
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. Prosecution must be carried out by citizens or legal persons who have the right to sue in a court with jurisdiction according to law.
In our country, the prosecution of criminal cases mainly refers to the prosecution of the people's procuratorate. Only when the victim is told and other minor criminal cases do not need investigation can the victim or his legal representative file a private prosecution. 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.
How to determine the amount of compensation?
The amount of compensation usually needs to be comprehensively considered according to the victim's injury, treatment expenses, lost time and compensation for mental damage. Generally speaking, medical records, invoices, receipts and other documents provided by medical institutions are needed as evidence, and lawyers also need to make specific compensation claims after evaluation. 2。 How to prove mental loss? Mental loss includes mental pain, fear and loss of quality of life caused by physical injury. It can be proved by the diagnosis and certificate issued by medical institutions such as psychological counselors and psychologists. In addition, if the victim suffers from mental illness such as depression due to injury, a certificate issued by a special psychologist is needed. 3。 How to avoid fighting? Fighting will not only bring harm to the body, but also be punished by law. Therefore, we should try our best to avoid conflicts, and when there is a dispute with others, we should deal with it calmly and solve the problem through consultation. If you encounter a dispute that cannot be handled, you can consult a professional lawyer or a notary office to issue a legal certificate. For problems involving criminal responsibility, it is necessary to report the case to the public security organ in time and cooperate with the police investigation.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: People's Republic of China (PRC) Civil Procedure Law.
Article 17 The basic people's courts shall have jurisdiction over civil cases of first instance, except as otherwise provided by this Law.
Article 18 The Intermediate People's Court shall have jurisdiction over the following civil cases of first instance:
(1) Major foreign-related cases;
(two) cases that have a significant impact in the region;
(3) Cases determined by the Supreme People's Court to be under the jurisdiction of the Intermediate People's Court.
Article 119 A 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.