Legal basis: People's Republic of China (PRC) Civil Procedure Law.
Article 6 The judicial power of civil cases shall be exercised by the people's courts.
The people's courts try civil cases independently in accordance with the law and are not subject to interference by administrative organs, social organizations or individuals.
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.
Article 123 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.
Answered on April 29, 2022
liu xiaoyu
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