1. The plaintiff is a citizen, legal person and other organization that has a direct interest in this case;
2. There is a clear defendant;
3, there are specific claims and facts and reasons;
4. It belongs to the scope and jurisdiction of the people's court to accept civil litigation.
In a case of private prosecution in criminal proceedings, if the victim directly brings a suit in a people's court or the victim dies or loses his capacity for conduct, the people's court where the victim's legal representative or close relatives bring a suit in a people's court shall accept the case according to law.
To file a case, the following conditions must be met: (1) There are criminal facts. Objectively, there is some kind of crime and social harm. Including but not limited to crime preparation, crime, attempted crime, completion or suspension. (2) investigate criminal responsibility. Although some acts are illegal, if their severity is based on the legal basis: the relevant provisions in the Criminal Law are not enough to pursue criminal responsibility, they will also not be filed. For example, stealing other people's property for more than two thousand yuan. (3) Belonging to the jurisdiction, the public security, the court and the procuratorate perform their respective duties, which does not mean that any criminal acts can be solved by the public security organs. In addition, if the whistleblower's case does not meet the filing criteria, a written Notice of Not Filing shall be issued to the whistleblower to inform him of the reasons for not filing the case.
The filing conditions are divided into civil filing conditions, administrative filing conditions and criminal filing conditions:
Civil filing conditions:
1. The plaintiff is a citizen, legal person and other organization that has a direct interest in this case.
2. There is a clear defendant.
3. There are specific claims, facts and reasons.
4. It belongs to the scope and jurisdiction of the people's court to accept civil litigation.
Conditions for bringing an administrative lawsuit:
1, the plaintiff is the relative person or interested party of the specific administrative act, and has the qualification of litigation subject and capacity for litigation.
2. There is a clear defendant.
3. In accordance with the laws and regulations, an application for reconsideration shall be made to the administrative organ first, and if a person refuses to accept the reconsideration and then brings a lawsuit to the people's court, he shall have applied for reconsideration according to law.
4, prosecution should belong to the scope of the people's court to accept administrative litigation.
5. The people's courts have jurisdiction.
6. The statutory time limit for prosecution has not been exceeded.
Conditions for filing a criminal case:
1. The case shall be under the jurisdiction of this organ according to law.
2. After reviewing the source materials of the case (complaint, accusation, surrender, etc.). ), there are indeed criminal facts.
3, according to the circumstances of the criminal facts need to be investigated for criminal responsibility. If the case does not belong to its own jurisdiction, it shall be transferred to the organ with jurisdiction. If there are no criminal facts, or if the criminal facts are obviously minor, criminal responsibility may not be investigated.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 119th of the Civil Procedure Law of People's Republic of China (PRC) stipulates that prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
Article 122 of the Civil Procedure Law of People's Republic of China (PRC)
Prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
Article 123
The prosecution shall submit a complaint to the people's court, and submit copies according to the number of defendants.
If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.
Article 112 of the Criminal Procedure Law of People's Republic of China (PRC)
The people's court, the people's procuratorate or the public security organ shall, within the jurisdiction, timely review the materials of accusation, complaint, report and surrender, and if it is considered that there are criminal facts that need to be investigated for criminal responsibility, it shall file a case; If it is considered that there are no criminal facts, or the criminal facts are obviously minor, and it is not necessary to pursue criminal responsibility, the case shall not be filed, and the complainant shall be informed of the reasons for not filing the case. If the complainant refuses to accept it, he may apply for reconsideration.