Two: prosecution is the act of bringing a lawsuit to the court according to law and requesting the court to hear a specific case. The prosecution of criminal cases lies in asking the court to convict and sentence the defendant through trial; Bringing a criminal incidental civil action requires the court to investigate the defendant's economic compensation liability through trial. Prosecution must be carried out by citizens or legal persons who have the right to sue in a court with jurisdiction according to law.
Three: In China, the prosecution of criminal cases mainly refers to the prosecution by the people's procuratorate. Only when the complaint is handled and other minor criminal cases do not need to be investigated can the victim or his legal representative file a private prosecution; Civil actions incidental to criminal proceedings can be brought by the victim and his legal representative, or by the people's procuratorate and the infringed legal person.
Four: the classification of prosecution
Prosecution in the civil procedure law refers to the litigation behavior that the subject of civil legal relationship requests the court for trial protection in his own name because of the infringement of his own or the civil rights and interests managed and controlled according to law or the dispute with others.
Verb (abbreviation of verb) prosecution in criminal proceedings refers to the litigation activities in which state organs and citizens who have the right to sue bring a lawsuit to the court according to law, requesting the court to hear the contents of the accusation, so as to determine the criminal responsibility of the defendant and impose criminal sanctions according to law.
All kinds of cases tried by the people's courts are based on the prosecution of the public prosecution organ or the parties concerned. If there is no prosecution, the court will not take the initiative to hear any case. If the court accepts the prosecution and agrees to hold a trial, it is called acceptance. The establishment of the prosecution marks the beginning of the litigation trial procedure.
Seven: The court's jurisdiction over all kinds of cases is a complicated issue. In most cases, civil cases are under the jurisdiction of the court where the defendant lives. If Party A signs the money owed to Party B, depending on Party A's domicile, it will bring a lawsuit to the court of Party A's domicile.
Eight: But if it is a case in traffic accident compensation, it is usually filed in the court where the traffic accident happened. If it is a property inheritance dispute, it will be filed in the court where the property is located. In most cases, the original defendant is from the same county, and there is no jurisdiction dispute, so he can directly sue in the county court.