1. What is the prosecution process?
1. Collect evidence related to the case, such as physical evidence, documentary evidence and electronic data;
2. Write an indictment stating: the information of the plaintiff and the defendant; The claim and the facts and reasons on which it is based;
3. Determine the jurisdiction of the court, and then submit the prepared materials to the people's court for litigation;
4. After the people's court files the case, it will pay the litigation fees in advance and wait for the court to hear it.
Second, what are the consequences of the plaintiff losing the case?
If you lose, you will have to bear the consequences. Usually includes:
1. The legal fees paid in advance by the plaintiff shall be borne by the plaintiff, which is different from the legal fees paid in advance after the defendant wins the case.
2. The litigation costs shall also be borne by the plaintiff.
3. Before the lawsuit, there was a similar agreement between the plaintiff and the defendant that "the lawyer's agency fee paid to realize the creditor's rights shall be borne by the defendant", and it was also borne by the plaintiff himself because of losing the lawsuit.
The most important thing is that the purpose of being willing to sue outside the lawsuit is to safeguard one's legitimate rights and interests through litigation and legal protection. Because of losing the case, the court can't support it and the purpose of the lawsuit can't be realized.
To make matters worse, according to the principle of "no matter what" in our country, the plaintiff lost the case through court proceedings. If the plaintiff does the same thing again and advocates excessive litigation, the court will no longer accept it.
Third, the plaintiff lost:
1, does not have the qualification of litigation subject. The plaintiff has nothing to do with himself or should sue in the name of Party A but in the name of Party B (for example, it should sue in the name of a branch but appear in the name of the head office or it should sue in the name of a branch).
2. Tell the wrong person. Some cases involve multiple objects, and the legal status of each object is different. Some cases may only be handled by a third party, while others may have no actual interest in the case.
3, beyond the limitation of action, lost the right to win. Some units, due to lack of legal awareness or negligence in management, should have exercised their right to appeal within the limitation of action, but they hoped to negotiate, which dragged on for a long time and forgot the evidence in the fixed negotiation process. After resorting to the court, the defendant denied that they had negotiated, and as a result, the plaintiff could not prove it, and of course lost the case.
4. The jurisdiction is not clear. Arbitration was expressly agreed, but the plaintiff filed a lawsuit; Or they should file a lawsuit, but they should "resort" to arbitration. In some cases, although the original and the defendant agreed on arbitration in advance, the arbitration institution could not accept it because the two sides did not agree on a specific arbitration institution or the agreement was unclear. Some cases are obviously criminal cases, but the plaintiff has filed a civil lawsuit, or it is obviously a civil lawsuit, but it is necessary to file an administrative lawsuit. Therefore, the court ruled that the prosecution was dismissed.
5. No proof can be given. Some cases were not accepted by the court because the plaintiff could not provide evidence, or the evidence cited was illegal or had major defects, and the result was lost.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 124 The people's court shall handle the following prosecutions separately according to the circumstances:
(a) in accordance with the provisions of the administrative procedure law, which belongs to the scope of administrative litigation, inform the plaintiff to bring an administrative lawsuit;
(2) In accordance with the law, if both parties reach a written arbitration agreement to apply for arbitration and cannot bring a lawsuit to the people's court, inform the plaintiff to apply to an arbitration institution for arbitration;
(3) Informing the plaintiff to apply to the relevant authorities for settlement of disputes that should be handled by other organs according to law;
(4) Informing the plaintiff to bring a suit in a people's court that has jurisdiction over a case that is not under the jurisdiction of this court;
(5) If a party files a lawsuit in a case in which a judgment, ruling or conciliation statement has become legally effective, it shall inform the plaintiff to apply for a retrial, unless the people's court decides to allow the withdrawal of the lawsuit;
(six) cases that cannot be prosecuted within a certain period of time according to law shall not be accepted;
(seven) cases in which divorce or mediation is not allowed, and cases in which the adoption relationship is maintained through judgment or mediation, if there are no new circumstances or new reasons, will not be accepted if the plaintiff brings a lawsuit within six months.