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 lies in asking 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. In our country, the prosecution of criminal cases mainly refers to the prosecution of the people's procuratorate. Only when the victim is told and other minor criminal cases do not need investigation can the victim or his legal representative file a private prosecution. Civil actions incidental to criminal proceedings can be brought by the victim and his legal representative, or by the people's procuratorate and the infringed legal person. The parties may settle contract disputes through conciliation or mediation. If the parties are unwilling to mediate or the mediation fails, they may apply to an arbitration institution for arbitration according to the arbitration agreement. If the parties have not concluded an arbitration agreement or the arbitration agreement is invalid, they may bring a suit in a people's court.
The prosecution process is as follows:
1. When a party files a lawsuit, it shall first submit an indictment and submit corresponding copies according to the number of the other party. If the parties are citizens, the names, gender, age, place of origin and address of both parties shall be stated; If the party is a unit, the name, address, legal representative or person in charge of the unit shall be stated. The body of the indictment shall specify the facts and reasons for the request and prosecution, and the tail shall be signed or stamped with the official seal;
2. According to the principle of "whoever advocates gives evidence", the plaintiff shall submit the following materials to the court:
(1) The materials of the plaintiff's subject qualification. Such as the original and photocopy of the resident ID card, residence booklet, passport, home visit certificate for Hong Kong and Macao compatriots, marriage certificate and other evidence; If the enterprise is the plaintiff, it shall submit a copy of the business license, business registration certificate and other materials.
(2) Evidence to prove the plaintiff's claim. Such as contracts, agreements, debt instruments (IOUs, IOUs, etc. ), send and receive vouchers, letters, etc.
3. When submitting documentary evidence to the court, the parties shall fill in the list of evidence in duplicate, indicating the name and pages of the evidence submitted. After the evidence is checked by the court undertaker, the undertaker shall sign and seal the list of evidence, one for the parties and one for the file;
4. The filing court shall, within seven days after the parties perform the necessary procedures and submit relevant evidence materials, handle the filing procedures for those who meet the filing conditions; Those who do not meet the conditions for filing a case shall be ruled inadmissible according to law.
legal ground
Article 14 of the Criminal Procedure Law of People's Republic of China (PRC), the people's courts, people's procuratorates and public security organs shall guarantee the right of defense and other litigation rights of criminal suspects, defendants and other litigation participants according to law. Participants in litigation have the right to sue judges, prosecutors and investigators for violating citizens' litigation rights and personal insults.