(1) First of all, you need to confirm who the defendant is (that is, the person or unit that you want the other party to bear the liability for compensation). If it is an individual, then you need to print the household registration certificate at the police station where the other person's household registration is located (if the individual can't handle it, the lawyer can print it). If it is a company, then you need to print the basic registration information of the company in the Administration for Industry and Commerce; (2) Secondly, you should write a civil complaint stating the facts and reasons, and the basis on which you want the other party to compensate for the loss. Of course, you need to provide written evidence (oral recording/video recording). If you think you can't produce some evidence, you can apply to the court to collect evidence for you, although it is unlikely; (3) When ready, submit the complaint and evidence to the court filing chamber. If accepted, you will be given a notice of payment, and then you will pay the legal fees with the notice of payment; After paying the fee, it will be deemed that your case has been formally accepted. The court will arrange the date and give you a summons, which will indicate the date, time and place of the trial and the judge. (4) When the court is in session, you should attend the court on time. Being late will leave a bad impression on the judge, and sometimes you will think that you voluntarily give up the lawsuit and will be treated as withdrawing it. The judge's clerk will verify the identity of both parties and then enter the trial stage; (5) Trial stage: The judge will ask you first whether you want the judge to withdraw. If it is confirmed that the judge and the defendant are relatives or other close relatives, then you say you want to withdraw, otherwise you say you don't need it. Then, the official court hearing will be announced, which will let the plaintiff read the indictment first, submit the corresponding evidence after reading it, then let the defendant refute it, and then enter the cross-examination stage of evidence (court investigation). At this time, you must carefully demonstrate the authenticity/relevance/legitimacy of all the evidence of the other party, otherwise it will be bad for you. After the evidence debate, the two sides held a debate stage. Generally, the judge will give both sides two chances to debate, but if the time is prolonged, it is also possible. At the end of the debate, the judge usually asks whether the two sides want to mediate. If both sides agree, the judge will mediate separately first. If the mediation is unsuccessful, the judge will announce an adjournment and decide on another day. After a while, the judge's clerk will inform you to get the verdict. (6) Before the final judgment of the judge, if he thinks that the case may be unfavorable to him, or there are other litigation methods for the same litigation object, or he is not prepared to sue the other party, he may apply to the court for withdrawal of the lawsuit and submit an application for withdrawal of the civil lawsuit. Under normal circumstances, the court will ask you to drop the lawsuit and then give you a ruling. You can apply to the presiding judge for a refund of half of the litigation costs with the award. (7) After getting the judgment, if you think the judgment is unfair, you should appeal within the specified time limit from the date of getting the judgment. Then you have to write an appeal and submit it to the trial judge, who will submit it to the court of second instance together with your first-instance materials. What you have to remember is that you must pay the appeal fee within the specified time. The time and method of paying the appeal fee are stated at the end of the judgment, and the court will not inform or remind you again. You can't appeal if you miss it. (8) If you don't appeal, the other party doesn't appeal, but the other party doesn't want to compensate you soon, you need to apply to the court for enforcement, and then enter a complicated enforcement process. Playing a lawsuit requires a lot of professional skills and knowledge, so why hire a lawyer to serve you? Lawyers are actually professional technicians who deal with legal disputes. For both parties with conflicts of interest, they go to the government or the Chief Executive to complain, ask for a ruling on right and wrong and safeguard their legitimate rights and interests, or argue with each other to safeguard their legitimate rights and interests because they are sued by the government or the Chief Executive. All the activities carried out by the people's court, the parties and other participants in litigation to solve a case are also the whole content of the so-called litigation. Among them, prosecution, trial and execution are the three most basic stages of litigation. According to the scope of duties of the people's courts in China and the nature of cases, we can divide litigation into criminal litigation, civil litigation and administrative litigation. Administrative litigation refers to administrative disputes caused by the functions and powers of state administrative organs and their staff or organizations authorized by law. Citizens, legal persons or other organizations appeal to the people's court to solve this dispute, and the people's court conducts judicial review of its functions and powers to judge whether it is legal, so as to solve the administrative dispute. People usually call it "people's accusation", also known as administrative litigation.
Legal basis:
Article 5 of the Lawyers Law of People's Republic of China (PRC) shall meet the following conditions when applying for practicing as a lawyer:
(a) support the constitution of People's Republic of China (PRC);
(2) Having passed the national unified judicial examination;
(3) Having worked as an intern in a law firm for one year;
(4) Good conduct.