1. If it is a public prosecution case or a criminal case, the procuratorate will initiate a public prosecution, and the victim does not need a lawyer. If it is a case of private prosecution, you don't need a lawyer, you can find a litigation agent who understands the law, or you can have enough legal knowledge.
2. Legal basis: Article 51 of People's Republic of China (PRC) Civil Procedure Law.
Citizens, legal persons and other organizations may be parties to civil litigation.
A legal person shall file a lawsuit by its legal representative. Other organizations are sued by their principal responsible persons.
Article 60
A person with no capacity for conduct shall be his guardian as his legal representative. If the legal representative shirks the agency responsibility, the people's court shall appoint one of them to represent the lawsuit.
Second, what is the prosecution process?
The prosecution process is as follows:
1, write a complaint, take a copy of the note and a copy of the ID card plus a 1 inch photo to the local court for filing, and after filing the case;
2. After filing the case, see which court your case belongs to, and then serve the defendant with a court summons;
3. Open a court session and state the facts and reasons in court;
4. After the trial, the court issued a judgment and both parties signed it;
5. If there is no appeal within/15 days after collection, the judgment will take effect;
6. The judgment will stipulate that the defendant will pay off the arrears within a few days after it takes effect. If the defendant does not pay at that time, he can apply to the court for enforcement until he gets the money he deserves.