What materials should be prepared for prosecution
What materials should be prepared for prosecution? In daily life, we often encounter some problems that are difficult to solve or reconcile, so we need to go through legal channels to resolve disputes and protect the interests of both parties. Below we share information on what materials to prepare for prosecution.
What materials are needed to prepare for prosecution 1
1. What materials are needed to prepare for prosecution in court
The materials required for prosecution are as follows:
1. Indictment;
2. Evidence materials;
3. Plaintiff’s ID card and information proving the defendant’s identity;
4. If you entrust another person to litigate , you must also submit a power of attorney and a copy of the trustee's ID card, and provide the originals for future reference;
5. If you entrust a lawyer to litigate, you must also submit a power of attorney and a copy of the law firm's acceptance of the entrustment. A clear certificate, a letter and a copy of the lawyer's practicing certificate.
2. How to sue in court on your own
After determining the jurisdiction of the court, the person suing the illegal actor can choose the defendant’s domicile, the contract performance place, the contract signing place, the plaintiff’s domicile, and the subject matter Location, level jurisdiction and exclusive jurisdiction.
The methods of prosecution stipulated in the Civil Procedure Law include written prosecution and oral prosecution.
Article 109 of the Civil Procedure Law stipulates: "A prosecution shall be filed with the People's Court. Copies shall be submitted according to the number of defendants." Only if it is really difficult to write a complaint, you can file a lawsuit orally. The people's court will record the plaintiff's oral statement and inform the other party.
A lawsuit is a written request submitted by the plaintiff to the People's Court. According to the provisions of Article 110 of the Civil Procedure Law, the complaint shall include the following contents:
(1) The natural situation of the parties. Including the name, gender, age, and ethnicity of the parties involved. Occupation, workplace, residence. The name of the legal person or other organization. Domicile and name and position of legal representative or principal responsible person. This part of the content reflects the identity of the parties and is specific to the plaintiff and defendant.
(2) Request and the facts and reasons on which it is based. This part is the main content of the complaint. The plaintiff should state in the complaint the specific litigation claims and the facts and reasons on which such claims are based, including the facts of legal relationships, facts in dispute, and the reasons for filing such claims.
(3) Evidence and sources of evidence, names and residences of witnesses.
According to the relevant judicial interpretations of the "Civil Procedure Law": The plaintiff can provide the defendant's name, name, address and other information that is specific and clear enough to distinguish him from others. Even if there is no defendant's ID number, the People's Court will It will also be registered in accordance with the law. In practice, information that can distinguish the defendant from others, such as name, gender, age, address, social relations, ID number, work unit, other household registration contents, etc. The more information, the better it is to identify the specific defendant.
What materials are needed to prepare for prosecution2
What materials are needed to prepare for various types of litigation applications
(1) Civil litigation must meet the following conditions:
2. There is a clear defendant;
3. There are specific litigation claims, facts and reasons;
4. It falls within the scope of the people's court to accept civil litigation and the people being sued Court jurisdiction.
(2) Litigation materials that should be submitted in civil litigation:
1. The complaint in civil litigation should state the following matters:
(1) The parties (including (Plaintiff and Defendant) name, gender, date of birth, ethnicity, occupation, workplace, residence, and contact information. (If the party is a legal person or other organization, provide the name, address, and name, position, and contact information of the legal representative or principal responsible person).
(2) Cause of action.
(3) Litigation request (a sub-item written to the court to achieve the purpose of litigation).
(4) Basis for facts and reasons (state the facts and legal basis for prosecution or claim, including evidence and names and contact information of witnesses).
(5) The name of the People’s Court where the lawsuit was filed.
(6) Prosecutor’s signature and date.
(7) The indictment should be on A4 paper, and copies should be submitted according to the number of defendants.
2. Evidence materials
(1) Proof of subject qualifications. Such as ID card, marriage certificate, business license, etc.
(2) Certification of legal agent, legal representative (or person in charge).
(3) Power of attorney.
(4) Proof of the occurrence, change, and elimination of civil legal relationships.
2. Conditions for applying for retrial of civil cases and materials to be submitted
Conditions and requirements for applying for retrial of civil cases:
1. The parties concerned have legal disputes that have occurred If a valid judgment or ruling is found to be erroneous, you may apply for retrial to the people's court at the next higher level; you may also apply for retrial in cases where one party has a large number of parties or in a case where one party is a citizen. In cases where both parties are citizens, you can also apply to the original People's Court for a retrial.
2. If a party submits evidence to prove that the mediation violates the principle of voluntariness or that the content of the mediation document violates legal provisions for a legally effective mediation document, the party may apply for a retrial.
3. The subject applying for retrial should meet the following circumstances:
(1) There is new evidence sufficient to overturn the original judgment or ruling;
(2) The basic facts identified in the original judgment or ruling lack evidence;
(3) The main evidentiary facts identified in the original judgment or ruling are forged;
(4) The original judgment or ruling The main evidentiary facts identified have not been cross-examined, and the main evidentiary facts cannot be clearly identified. (4) The main evidence of the original judgment or ruling has not been cross-examined;
(5) The main evidence required for the trial of the case cannot be collected by the parties due to objective reasons, and they apply in writing to the People's Court for investigation and collection, but the People's Court fails to do so. Investigation and collection;
(6) The original judgment or ruling applied the law incorrectly;
(7) The composition of the trial organization is illegal, or the trial personnel should recuse themselves in accordance with the law. (8) A party without litigation capacity fails to entrust an agent to act on its behalf, or a party who should participate in the litigation fails to participate in the litigation due to reasons that cannot be attributed to him or his agent;
(9) ) Violates legal provisions and deprives the parties of their right to debate;
(10) Judgment in absentia without summons;
(11) Judgment in absentia without summons;
(12) The original judgment or ruling omits or exceeds the claims;
(13) The judges who hear the case are corrupt, accept bribes, or bend the law for personal gain.
4. A party’s application for retrial shall be submitted within six months after the judgment or ruling becomes legally effective; if any of the circumstances specified in items (1) (3) (12) (13) of the preceding paragraph occur, the party shall not Or submit it within six months from the date when it should be known.
5. When a party applies for retrial, he or she shall submit the retrial application, the original judgment document, the identity certificate of the subject applying for retrial, the power of attorney and other materials. The person applying for retrial shall submit copies of the application in proportion to the number of respondents and other parties involved in the original trial.
6. The retrial application shall state:
(1) The basic information of the applicant, respondent and other parties to the retrial;
(2) The name of the original court, the judgment or the case number of the mediation document.
(3) Specific request for retrial.
(4) Legal reasons, specific facts and reasons for applying for retrial.
(5) The name of the court that accepts the retrial application.
(6) Signature or seal of the retrial applicant.
3. Conditions for appeals in administrative cases
1. If the parties believe that there is indeed an error in a legally effective judgment or ruling, they may appeal to the People's Court of First Instance.
2. If a party applies for retrial, it should be submitted within 2 years after the judgment or ruling becomes legally effective.
3. If a party is dissatisfied with the legally effective administrative compensation mediation letter and provides evidence to prove that the mediation letter violates the principle of voluntariness or the content of the mediation agreement violates legal provisions, he or she may apply for retrial within 2 years.
4. If the party concerned files a complaint, he or she shall submit a letter of appeal, original handling decision and other materials to the retrial authority.
IV. Conditions for appeals in criminal cases
1. If the parties, their legal representatives, and close relatives are dissatisfied with the legally effective judgment or ruling, they may appeal to the people's court where the original instance was tried or Complaint to the People's Procuratorate.
2. The appeal must meet the following circumstances:
(1) There is new evidence proving that the facts identified in the original judgment or ruling are wrong, which may affect the conviction and sentencing;
(2) The evidence on which the conviction and sentencing is based is unreliable or insufficient and should be excluded in accordance with the law, or there is a contradiction between the main evidence proving the facts of the case;
(3) The original judgment or ruling There is indeed an error in the application of the law. There are indeed errors in the application of law in judgments and rulings;
(4) Violations of legal procedures that may affect a fair trial;
(5) Judges, when hearing cases, There are acts of corruption, bribery, and bending the law for personal gain.
3. The appeal should submit the petition, original judgment documents and other materials.
What materials should be prepared for filing a lawsuit? 3
1. How to file a lawsuit online? What is the specific process?
To file a lawsuit in court online, you can log in to the Supreme People's Court Litigation Service Network to submit a case filing application. The specific process is as follows:
1. Search the Supreme People’s Court Litigation Service Network on the Internet and click to enter.
2. Litigants who have an account on the Supreme People’s Court Litigation Service Network can directly click to log in.
3. Click the party to log in, then enter the user name, password, verification code, and then click Login.
4. Submit an online declaration application and the judge will review it. If the review fails, resubmit the application. If it passes the review, paper materials will be mailed and the judge will file the case.
5. If you don’t have an account, click I want to register in the upper right corner and follow the above steps to register.
2. What are the specific information to fill in?
1. Fill in the information of the plaintiff and the defendant. The information about the plaintiff is our own information, ID card Information such as number, gender, date of birth, residence, etc. Regarding the defendant's information, if the other party is an individual, he or she needs to provide personal information; if it is a company, he or she needs to provide company information. Regarding personal information, if it is a company, he or she needs to provide company information.
2. It is necessary to fill in the complaint, which is the specific matter that needs to be sued. It is very important to clarify the complaint, such as how much money the other party needs to pay after the lawsuit is filed, etc., and how much interest needs to be paid. .
After dealing with the above two points, start filling in the factual content, briefly fill in the case, and provide it to the court for review.
After filling in the information, you need to start uploading the information. The most important information is as follows. The first item is the prosecutor’s ID card or identity document, the second item is the indictment, and the third item is The fourth item of evidence is the identity information of the defendant. If someone entrusts another person to litigate on his behalf, the entrustment procedures must be submitted.
Therefore, if you want to sue online, you must first understand the process clearly so that you can operate step by step, and then operate according to the relevant prompts. Of course, you can also submit lawsuit applications in some WeChat mini-programs. It depends on what kind of operation is convenient for you.