There are two types of prosecution:
1. Prosecution in the Civil Procedure Law refers to a civil legal relationship subject who has been infringed upon his or her civil rights or has a dispute with others, in his or her own name. Litigation actions requesting court trial protection.
2. Prosecution in criminal proceedings means that state organs and citizens who have the right to prosecute file a lawsuit with the court in accordance with the law and request the court to review the content of the accusation to determine the criminal liability of the defendant. Imposition of criminal sanctions. All types of cases heard by the people's courts are based on prosecutions by the public prosecution agency or the parties. The courts will not hear any case on their own initiative without prosecution. If the court accepts the prosecution and agrees to conduct a trial, it is called acceptance. The establishment of an indictment marks the beginning of the trial process.
The plaintiff should submit the following materials when filing a lawsuit in court:
1. Plaintiff qualification materials. For example, the originals and copies of evidence such as resident ID cards, household registers, passports, return certificates for Hong Kong and Macao compatriots, marriage certificates, etc. As the plaintiff, the enterprise unit should submit copies of business licenses, industrial and commercial registration certificates and other materials;
2. Evidence to prove the plaintiff’s claim. Such as contracts, agreements, credit documents, IOUs, receipts and delivery vouchers, correspondence, etc. ;
3. When the parties submit documentary evidence to the court, they should fill in the evidence list in duplicate and indicate the name and page number of the evidence submitted. After the evidence is verified by the court administrator, the administrator will sign and seal the evidence list, one copy will be given to the parties, and the other will be filed;
4. The filing court shall perform necessary procedures and submit relevant evidence materials to the parties. Within seven days, those who meet the conditions for filing the case will go through the formalities for filing the case. For those who do not meet the conditions for filing the case, it will be ruled not to be accepted in accordance with the law;
5. The parties concerned shall pre-register the case within seven days from the date of receipt of the notification of acceptance. Pay case acceptance fees and other litigation costs. If you have any difficulties, you can submit a written application to our hospital for reduction, deferment or exemption within the pre-payment period. If they fail to pay fees within the due date or their written application for deferment, postponement or exemption of payment is not approved, our court will rule to automatically withdraw the case.
6. After the case is filed, the court will arrange the trial of the case. The parties concerned must obey the court's work arrangements. After the case is concluded, the litigation expenses will be settled in the financial office, so that any excess will be refunded and less will be reimbursed.
Legal Basis
Criminal Procedure Law of the People's Republic of China
Article 119 Prosecution must meet the following conditions:
( 1) The plaintiff is a citizen, legal person or other organization that has a direct interest in this case;
(2) There is a clear defendant;
(3) There are 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 people's court being sued.