Determine the court of jurisdiction, and the person suing the debtor can choose the defendant's domicile, the place where the contract is performed, the place where the contract is signed, the plaintiff's domicile, the location of the subject matter, the level jurisdiction and the exclusive jurisdiction.
There are two ways of prosecution stipulated in the Civil Procedure Law: written prosecution and oral prosecution.
Article 109 of the Civil Procedure Law stipulates: "A prosecution shall submit a complaint to the people's court. And submit one copy according to the number of defendants. " Only if it is really difficult to write a complaint can an oral prosecution be initiated. The people's court will record the oral statement of the plaintiff and inform the other party.
The indictment is the written basis for the plaintiff to bring a lawsuit to the people's court. According to Article 110 of the Civil Procedure Law, a complaint shall include the following contents:
(1) The natural conditions of the parties. Including the name, gender, age and nationality of the parties. Occupation, work unit and residence. The name of the legal person or other organization. Domicile and the name and position of the legal representative or principal responsible person. This part embodies the identity of both parties and concretizes the original and the defendant.
(two) the complaint request and the facts and reasons on which it is based are the main contents of the complaint. The plaintiff shall state the specific litigation request and the facts and reasons on which it is based in the complaint, including the facts of legal relationship, the disputed facts and the reasons for filing the litigation request.
(3) Evidence and its sources, names and residences of witnesses.
Extended data
Entrusted lawyer as agent ad litem:
1. The parties (including the plaintiff, the defendant, the * * * co-litigant and the third party), legal agents and legal agents may entrust lawyers to act as agents, and the entrusted lawyers shall sign an agency contract;
2. Each party, legal representative and legal agent can only entrust two lawyers (including paralegals) as agents at most;
3. Foreign lawyers, including those from Hong Kong, Macao and Taiwan, cannot act as attorneys in litigation.
4. If a lawyer is entrusted to represent the lawsuit, a power of attorney signed or sealed by the client must be submitted to the people's court, and the power of attorney must specify the entrusted matters and authority. The authorized organ must state whether it is the general agent or the special agent. If it is a special agent, it must also specify those powers, such as recognition, waiver, change of claims, making settlement, reaching a mediation agreement, filing counterclaims, appealing, etc.
5. If two lawyers (including paralegals) are entrusted as agents ad litem, they shall be granted power of attorney respectively. Where a lawyer is entrusted to act as an agent, in addition to the power of attorney signed or sealed by the client, an agency contract signed or sealed by the law firm where the lawyer is located and the client shall also be submitted to the people's court.
6. China citizens living abroad must send or entrust a power of attorney to People's Republic of China (PRC) as an agent ad litem, and the power of attorney must be certified by the embassies of People's Republic of China (PRC) and China in that country.
7. If foreigners, stateless persons, foreign enterprises and organizations who have no domicile in People's Republic of China (PRC) entrust People's Republic of China (PRC)'s lawyers or others to represent them in litigation, the power of attorney sent or entrusted from outside People's Republic of China (PRC) shall be authenticated by the notary office of the host country, the embassy or consulate of People's Republic of China (PRC) in that country, or jointly performed by People's Republic of China (PRC) and China.
References:
Baidu Encyclopedia-People's Republic of China (PRC) Civil Procedure Law