1, first understand the legal knowledge of relevant procuratorial work. First, through certain information channels, it is best to consult a professional lawyer to find out whether the problems encountered can be solved through litigation. If it can be solved through litigation, what relevant evidence materials need to be prepared, and you should file a lawsuit yourself or apply for arbitration or entrust a lawyer. Before litigation, it is basically necessary to collect complete evidence materials, write an indictment, and prepare a list of evidence and a copy of your ID card. To bring a lawsuit to the court, the following conditions must be met:
(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 claims, facts and reasons; (4) It belongs to the scope of litigation accepted by the people's court and our jurisdiction.
To apply to an arbitration institution for arbitration, it is necessary to agree in advance on the arbitration institution that will solve the dispute or the agreement that both parties agree to submit the dispute to an arbitration institution for arbitration after it occurs.
2. Courts with jurisdiction over contract disputes. The filing court (room) is responsible for the prosecution review and filing. After accepting the case, the filing court will issue a notice of payment, pay the fee at the bank, and after paying the fee, take the payment voucher issued by the bank to the financial department of the court to replace the receipt of legal fees, and then submit the receipt to the filing window, that is, complete the filing. Before the prosecution, the plaintiff may also apply for pre-litigation property preservation for the convenience of execution.
3. After the case is filed, the court backstage will assign the case to a specific judge. According to the judge's own schedule, the clerk is responsible for serving the indictment on the defendant or informing the court time or other matters by telephone. The defendant shall submit a reply within 05 days after receiving the copy of the indictment. Failure to submit a reply shall not affect the trial of the people's court.
4. Prepare evidence and pay attention to the evidence rules of the court. The court adopts the principle of "whoever advocates, who gives evidence" in hearing cases. If you can't prove it, you must bear the consequences of losing the case or the trial result is unfavorable to you, unless it is otherwise stipulated by law. If the parties and their agents ad litem are unable to collect evidence by themselves due to objective reasons, and put forward an application for obtaining evidence and evidence clues, the court may obtain evidence ex officio upon the application of the parties, and the people's court may conduct an inquest or entrust an appraisal.
5. The time and place of the hearing shall be decided by the court. Participants in the proceedings shall strictly abide by it. If they fail to appear in court on time without justifiable reasons, they shall not re-enter the court to participate in the proceedings. If the plaintiff fails to appear in court or withdraws from court without the permission of the court, it shall be handled as automatic withdrawal. Without the permission of the court, those who do not appear in court or leave the court halfway may make a judgment by default.
6. Hold a trial. The order of hearing civil and economic cases is to verify the identities of the parties and their agents, announce the members of the collegial panel and ask whether to withdraw, and then start the trial. The plaintiff will state the facts first, then the defendant will reply, conduct court investigation, court debate, court mediation and make a final statement, and then adjourn the court. Generally, the judgment is not pronounced in court, and the parties are notified to take the judgment after the judgment. The general court does not read the judgment, but sees the result by itself after signing it. The trial period for civil and economic cases that are tried by ordinary procedures is six months. Special circumstances need to be extended, it shall be approved by the president of our hospital. If it needs to be extended for six months, it shall be reported to the higher court for approval. Cases that are tried by summary procedure shall be tried for 3 months. At present, summary procedure is applicable to ordinary cases, which are tried by a judge and closed within three months. If it cannot be concluded within three months, it will be converted into ordinary procedures.
7. Second instance. If either party refuses to accept the judgment of first instance, it shall appeal to the higher court within 15 days from the date when the judgment is served. Those who refuse to accept the ruling of first instance shall file an appeal within 10 days from the date when the ruling is served. The appeal shall be lodged by the Court of First Instance and the appeal fee shall be paid. After receiving the appeal, the court of first instance handed it to the appellee, who submitted the defense. The court of first instance handed the defense to the appellant, and then transferred it to the court of second instance together with all the files and evidence. The court of second instance only tried the relevant facts and applicable laws requested by the appellant. At present, cases of second instance are generally not heard in court. The general court noticed that they were "talking" and only tried the controversial part. If there is no dispute, they will not be tried. The people's court shall conclude an appeal case against the judgment within 3 months from the date of filing the case in the second instance. If there are special circumstances that need to be extended, it must be approved by the president of our hospital. The second instance shall make a final ruling within 30 days from the date of filing the case.
8. Apply for retrial. If a party considers that a legally effective judgment or ruling is wrong, it may apply to the people's court that originally tried the case or the people's court at the next higher level for retrial, but the execution of the judgment or ruling will not be stopped. If a party applies for retrial, it shall file the application within two years after the judgment or ruling becomes legally effective.
9. Apply for execution. A legally effective judgment must be fulfilled by the parties concerned. If one party refuses to perform, the other party may submit a written application to the competent court enforcement agency for court enforcement. The time limit for applying for execution is one year if both parties or one party is a citizen, and six months if both parties are legal persons or other organizations. The legally effective judgment, ruling and conciliation statement of the court shall be executed by the people's court of first instance. Execution of cases, simple cases within 3 months, cases within 6 months, major and difficult cases 1 year. If there are special circumstances that need to be extended, approval procedures must be handled.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 3 The provisions of this Law shall apply to the people's courts in accepting civil lawsuits brought by citizens, legal persons, other organizations and among them because of property relations and personal relations.
Article 119 A prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having 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 sued people's court.
Article 122 Where a civil dispute brought by a party to a people's court is suitable for mediation, it shall be mediated first, unless the party refuses to mediate.