Citizens may file civil lawsuits in the People's Court in accordance with the law due to marriage and family disputes, or when the legitimate rights and interests of citizens, legal persons and other organizations are infringed upon, or when they have property rights disputes with others.
If citizens, legal persons or other organizations are dissatisfied with the following specific administrative actions, they may file administrative lawsuits with the People's Court in accordance with the law:
(1) Detention, fines, revocation of permits and licenses , ordered to suspend production and business, confiscation of property and other administrative penalties. ;
(2) Dissatisfaction with administrative coercive measures such as restricting personal freedom or sealing, detaining, freezing property, etc.;
(3) Believing that the administrative agency has violated the right to independent business operations stipulated by law
(4) The administrative agency refuses to issue or respond to a license application that meets the statutory conditions and a license issued by an administrative agency;
(5) Application for administrative agency to perform The administrative agency refuses to perform its statutory duties to protect personal rights and property rights or refuses to respond;
(6) It is believed that the administrative agency has not issued pensions in accordance with the law;
(7) It is believed that the administrative agency has not issued pensions in accordance with the law;
(7) It is believed that the administrative agency has not issued pensions in accordance with the law; It is illegal to require them to perform their obligations;
(8) It is believed that the administrative agency has infringed upon the personal rights and property rights of others. However, it is for national defense, diplomacy and other state activities; administrative regulations, rules or generally binding decisions and orders formulated and issued by administrative agencies; decisions on rewards, punishments, appointments and removals of administrative agency staff by administrative agencies; specific final decisions made by administrative agencies in accordance with the law Administrative actions, administrative litigation shall not be filed.
Citizens may file criminal private prosecutions in the People’s Court in accordance with the law in the following three types of cases:
(1) Notification of the handling situation;
(2) Proven by the victim Minor criminal cases;
(3) Cases in which the victim has evidence proving that the defendant violated his personal or property rights and should be held criminally responsible according to law, but the public security organ or the People's Procuratorate does not hold the defendant criminally responsible.
Citizens, legal persons or other organizations shall submit a complaint to the People's Court. The complaint shall specify the following matters:
(1) The name, age, ethnicity, occupation, work unit and residence of the parties, the name and residence of the legal person or other organization, and the name and position of the legal representative;
(2) The request and the facts and reasons on which it is based;
(3) The evidence and its source, the name and address of the witness.
In addition to the above content, the complaint should also state the name of the people's court where the complaint was submitted, the year, month and day of filing, and should be signed and sealed by the plaintiff. Furthermore, the same number of copies as there are defendants should be given. A lawsuit should be filed with the people's court with jurisdiction. Generally speaking, civil cases are under the jurisdiction of the people's court where the defendant is domiciled, infringement cases are under the jurisdiction of the people's court where the infringement is committed or where the defendant is domiciled, real estate cases are under the jurisdiction of the people's court where the real estate is located, and contract dispute cases are under the jurisdiction of the people's court where the defendant is domiciled or where the contract is performed. jurisdiction. Because there are many legal provisions on jurisdiction, I will not give examples here. If you need to know more, you can refer to the relevant legal regulations. Administrative cases are generally under the jurisdiction of the People's Court where the administrative agency initially made the specific administrative act. In a case after reconsideration, if the reconsideration authority changes the original specific administrative action, it may also be under the jurisdiction of the people's court where the reconsideration authority is located. Criminal private prosecution cases are under the jurisdiction of the people's court at the place where the crime was committed.
The lawsuit shall be filed with the People's Court within the statute of limitations. The statute of limitations for general civil cases is two years; the statute of limitations for claims for personal injury compensation, failure to declare sales of substandard goods, delay or refusal to pay rent, loss or damage to stored property, etc. is one year.
If an administrative lawsuit is filed, it shall be filed within three months from the date when the specific administrative action is known to have been taken; after the reconsideration procedure is completed, it shall be filed within 15 days from the date of receipt of the reconsideration decision.
When filing a civil lawsuit or administrative lawsuit with the People's Court, case acceptance fees and other litigation fees must be paid in accordance with the law. For specific charging standards, please refer to the "Measures for Litigation Fees of People's Courts" issued by the Supreme People's Court.