First, there is a need for prosecution. Is there no lawyer to sue?
No lawyer can sue. The right to sue is a litigation right of the parties, that is, to sue in their own name. Entrusting a lawyer is not a necessary condition for prosecution. The reasons why there is no lawyer to prosecute are as follows: The prosecution in the Civil Procedure Law refers to the litigation behavior that the subject of civil legal relationship requests the court for trial protection in his own name because his own civil rights and interests are infringed or there is a dispute with others. Prosecution in criminal proceedings refers to the litigation activities in which state organs and citizens who have the right to sue bring a lawsuit to the court according to law, requesting the court to hear the contents of the accusation, so as to determine the criminal responsibility of the defendant and impose criminal sanctions according to law. All kinds of cases tried by people's courts are based on the prosecution of public prosecution organs or parties. If there is no prosecution, the court will not take the initiative to hear any case. If the court accepts the prosecution and agrees to hold a trial, it is called acceptance. The establishment of the prosecution marks the beginning of the litigation trial procedure. Whether you need a lawyer can be decided according to your personal needs. The process of litigation specifically includes: writing a complaint-filing-trial-judgment-execution. Civil indictment is an important legal document to start litigation procedure.
Second, what materials should be provided for litigation?
The materials required for litigation include: indictment, evidence materials, plaintiff's ID card and defendant's certification materials. If a person entrusts others to file a lawsuit, a copy of the power of attorney and a copy of the trustee's ID card shall be submitted, and the original shall be provided for future reference. If a lawyer is entrusted to file a lawsuit, he shall issue a power of attorney and a certificate from the law firm, and obtain a copy of the power of attorney and a lawyer's certificate. Article 21 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that a civil action brought against a citizen shall be under the jurisdiction of the people's court of the defendant's domicile; If the defendant's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of habitual residence.
Without a lawyer, the parties can go to court by themselves. A lawyer is not a necessary condition for prosecution and does not affect the prosecution of the parties. If the case is relatively simple, it is no problem to prosecute yourself. If the case is complicated, whether to hire a lawyer depends on the needs of the parties. Whether it is a simple case or a complex case, no lawyer can prosecute himself. The prosecution needs to submit a complaint and other relevant materials to the competent court.