Prosecution is the act of filing a lawsuit in court and requesting the court to hear a certain case in accordance with the law. The prosecution of a criminal case consists in requesting the court to convict and sentence the defendant through trial. The prosecution of a criminal case with a civil lawsuit consists in requesting the court to hold the defendant financially responsible through trial. The prosecutor must be a citizen who has the right to sue in a court with jurisdiction according to law. or legal person.
Prosecution process:
1. If a party files a lawsuit, it must first submit an indictment, and submit a corresponding number of copies of the indictment based on the number of opposing parties. If the party concerned is a citizen, the name, gender, age, place of origin, and residential address of the party concerned shall be stated; if the party concerned is a unit, the name, address, legal representative or name of the person in charge shall be stated. The main text of the indictment should state the facts and reasons for the request and prosecution, and should be signed or stamped at the end;
2. In accordance with the principle of whoever makes the claim must provide evidence, if the plaintiff submits relevant materials to the court, it must be submitted;
3. When the parties submit evidence to the court, they shall fill in the evidence catalog in duplicate and state in detail the name and page number of the evidence submitted. After the evidence is verified by the court handler, the handler will sign and seal the evidence list, one copy will be given to the parties, and the other will be recorded in the record.
4. After the parties have completed the necessary procedures and submitted all relevant evidence, the court will handle the case filing procedures within seven days for those who meet the conditions for filing the case. For those who do not meet the conditions for filing the case, the court will rule not to accept the case according to law;
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5. The parties concerned shall prepay the case acceptance fee and other litigation fees within seven days from the date of receipt of the case acceptance notice. If there are indeed difficulties, they may apply to the court for a reduction, deferment or exemption of payment within the prepayment period. . A written application for mitigation, deferment or exemption should be submitted to the court. If the application is not approved or the written application for reduction, deferment or exemption is not approved, the court shall rule that the lawsuit will be automatically withdrawn;
6. After the case is filed, the court will arrange a hearing. The parties concerned should obey the court's work arrangements. After the case is concluded, they should go to the financial office to settle the litigation expenses and refund any excess.
Legal Basis
"Civil Procedure Law of the People's Republic of China and the State"
Article 119 Prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;
(2) There is a clear defendant;
(3) There is a clear defendant. p>
(3) There are specific litigation claims, facts and reasons;
(4) It falls within the scope of the people's court to accept civil litigation and the jurisdiction of the people's court subject to the lawsuit.