1, with clear claims and factual reasons. That is, specifically put forward the fact that the operator violates the contract and infringes, the damage caused to himself, and the civil liability that the operator should bear.
2, to the people's court with jurisdiction. It can include the following aspects:
(1) In general civil cases, civil actions brought against legal persons or other organizations shall be under the jurisdiction of the people's court where the legal person is domiciled; If several defendants in the same lawsuit have their domicile or habitual residence in two or more people's courts, they may bring a lawsuit in one of the people's courts.
(2) Infringement shall be prosecuted in the court where the infringement occurred or where the defendant is located. The people's courts in the places where the products are manufactured, sold, infringed and the defendant's domicile have jurisdiction over lawsuits brought by unqualified products that cause property or personal injury to others.
(3) Litigation rights in railway, highway, water, air transportation and combined transportation shall be brought to the court where the transportation originated, destination or defendant is located. Litigation for damages caused by railway, highway, water and aviation accidents shall be brought to the court in the place where the accident occurred, the place where vehicles and ships first arrived, the place where aircraft first landed or the defendant's domicile.
(4) Article 33 of the Civil Procedure Law stipulates that a lawsuit against real estate shall be filed with the court where the real estate is located.
3. The effective period of bringing a civil lawsuit to the court is within two years after the obligee knows that his rights have been infringed. The General Principles of the Civil Law also stipulates four situations in which the limitation of action is one year:
(1) claims compensation for bodily injury;
(two) the sale of substandard goods has not been declared;
(3) delaying or refusing to pay the rent;
(4) Loss of or damage to the property in escrow.
4. 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, the people's court may record the oral complaint and inform the other party.
5. Litigation time: 2017 On March 15, the Fifth Session of the 12th National People's Congress voted to pass the General Principles of the Civil Law of People's Republic of China (PRC) and the State Law. This Law shall come into force as of 20 17 10 1. The first paragraph of Article 188 of the Law stipulates: "The limitation period of action for requesting protection of civil rights from the people's court is three years.
Extended data:
1. Public power: Compared with other ways to solve civil disputes such as mediation and arbitration, civil litigation has the following characteristics: civil litigation is to solve disputes between equal subjects by judicial means, and the court exercises judicial power to solve civil disputes on behalf of the state. It is different from the People's Mediation Committee, which is a mass autonomous organization that resolves disputes through mediation.
2. Mandatory: Mandatory is an important attribute of public power. The compulsion of civil litigation is embodied in the acceptance of cases and the execution of judgments. Mediation and arbitration are based on the wishes of the parties. As long as one party is unwilling to choose the above methods to solve disputes, mediation and arbitration cannot be carried out, unlike civil litigation, as long as the plaintiff's prosecution meets the conditions stipulated in the Civil Procedure Law.
3. Procedural: Civil litigation is a litigation activity conducted in accordance with legal procedures. Whether it is the court, the parties or other participants in the proceedings, it is necessary to implement the proceedings in accordance with the procedures stipulated in the Civil Procedure Law. Violation of litigation procedures often leads to certain legal consequences. If the judgment of the court is revoked by the higher court, the parties will lose the right to represent the lawsuit.
4. Specificity: The object of civil litigation is specific. The dispute it solves is a dispute about civil rights and obligations. It is not that disputes about civil rights and interests between civil subjects cannot be handled in civil litigation, such as ethical conflicts, political disputes, religious disputes or scientific disputes cannot be the object of civil litigation adjustment.
5. Freedom: Civil litigation reflects the dispute over the rights and interests of civil subjects, who have the freedom to dispose of their rights according to law, both substantively and procedurally. The plaintiff in civil litigation has the right to dispose of his litigation rights and substantive rights according to law, and the defendant also has the right to dispose of his litigation rights and substantive rights. Because of this, civil litigation has formed its own unique mechanism, namely, litigation reconciliation system and litigation mediation system.
6. Normality and legality: The Civil Procedure Law and its surrounding legal systems, such as the Law on the Organization of Courts and the Law on Judges, ensure the fairness of civil proceedings and ensure that the substantive rights and procedural interests of the parties are not eroded. The strictness of procedural rules does not mean the complexity of procedures, which means that the mandatory provisions to ensure the rights and interests of the parties must not be violated, otherwise certain procedural sanctions will be produced.
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