The legal conditions for prosecution are:
1, with a clear defendant;
2. The plaintiff is a citizen, legal person and other organization that has a direct interest in this case;
3, there are specific claims and facts and reasons;
4. It belongs to the scope and jurisdiction of the people's court to accept civil litigation.
Borrowing money is a civil dispute. The transfer record must be stamped by the bank to have evidence effect. In the case of loan disputes, the plaintiff, as a creditor, should first claim that his creditor's rights are established and have expired, so he should provide the court with evidence of legal facts that his rights have occurred and have expired. 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 is to ask 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.
The general procedure of prosecution is as follows:
1, write an indictment;
2. Take the evidence and the indictment to the court to file a case and pay the legal fees;
3. The court will hold a hearing after examining and confirming the acceptance;
4. Court decision;
5. Execute the judgment.
The trial time of civil cases shall be concluded within 3 months of summary procedure.
Prosecution must meet the following conditions:
1. The plaintiff is a citizen, legal person and other organization that has a direct interest in this case;
2. There is a clear defendant;
3, there are specific claims and facts and reasons;
4. It belongs to the scope and jurisdiction of the people's court to accept civil litigation.
legal ground
People's Republic of China (PRC) Civil Code
Article 694 Where the creditor of a general guarantee brings a lawsuit or applies for arbitration against the debtor before the expiration of the guarantee period, it shall be counted from the date when the limitation period of action for the guaranteed debt expires and the right of the self-insured witness to refuse to bear the guarantee responsibility disappears.
Where the creditor of joint and several liability guarantee requests the guarantor to assume the guarantee responsibility before the expiration of the guarantee period, the limitation of action for the guaranteed debt shall be calculated from the date when the creditor requests the guarantor to assume the guarantee responsibility.