for example, if a contract dispute occurs between Party A and Party B during the conclusion of the contract, both parties agree to settle it through negotiation; if negotiation fails, they can bring a lawsuit to the people's court with jurisdiction where the defendant is located.
litigation is divided into three stages: investigation stage, prosecution stage and trial stage.
first, the investigation stage
The public security organ may impose criminal detention on a flagrante delicto or a major suspect. Detainees should be questioned within 24 hours after detention.
A criminal suspect may hire a lawyer to provide him with legal advice and represent him in complaints and accusations after being interrogated for the first time by the investigation organ or from the date when compulsory measures are taken. A lawyer who is employed has the right to know the alleged charges of a criminal suspect from the investigation organ, and can meet with the criminal suspect in custody to learn about the case.
Second, the stage of examination and prosecution
The people's procuratorate should examine the case, interrogate the suspect and listen to the opinions of the victim and the person entrusted by the suspect and the victim.
Third, at the trial stage
If the people's court examines the case prosecuted, and the indictment clearly explains the alleged criminal facts, and is accompanied by a list of evidence, a list of witnesses, and a copy or photo of the main evidence, it shall decide to hold a trial. Except for cases involving state secrets and personal privacy, the people's court shall hear cases of first instance in public. Extended information
procedure
1. The plaintiff should have civil capacity.
According to the General Principles of the Civil Law, citizens over the age of 18 are adults with full capacity for civil conduct; Citizens over the age of 16 but under the age of 18, whose main source of livelihood is their own labor income, are regarded as persons with full capacity for civil conduct and may bring a lawsuit to the court in their own name; Minors and mental patients are persons with no capacity or limited capacity, and their parents should bring a lawsuit to the court on their behalf. Minors and mental patients belong to persons with no capacity or limited capacity, and their legal guardians shall act as agents ad litem.
2. The plaintiff is a citizen, legal person or other organization that has a direct interest in this case.
consumers must be consumers or other victims whose legitimate rights and interests are infringed when buying or using goods or receiving services.
3. Identify the defendant.
according to article 35 of the consumer protection law, if the legitimate rights and interests of consumers are infringed, the seller or service provider may be the defendant. If a consumer causes personal or property damage due to a commodity defect,
the consumer can take either the seller or the producer as the defendant. The law gives the producer and the seller the right to sue, and they choose the party that is most convenient for their own litigation, the most capable of fulfilling the judgment and the easiest to find the object as the defendant.
4. There are clear claims and factual reasons.
that is, specifically put forward the facts of the operator's breach of contract and infringement and the damage caused to himself, as well as the civil liability that the operator should bear, and so on.
5. bring a lawsuit to a people's court with jurisdiction.
Baidu encyclopedia-civil litigation