How to handle online inter-provincial prosecution 1
First, prepare materials.
1. Prepare materials required for prosecution, such as complaint, identity materials, evidence materials, confirmation of service address, etc.
2. The uploaded electronic materials must be clear and complete. If the materials are unclear, incomplete and do not meet the filing criteria, the filing judge will return the materials online.
Second, complete the real-name authentication procedures.
Third, read the notice
Fourth, enter the home page to file a case.
Article 125 of the Civil Procedure Law of People's Republic of China (PRC), the people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receipt. The defense shall specify the defendant's name, gender, age, nationality, occupation, work unit, residence and contact information;
The name and domicile of the legal person or other organization and the name, position and contact information of the legal representative or principal responsible person. The people's court shall send a copy of the defense to the plaintiff within five days from the date of receiving the defense. If the defendant fails to submit the defense, it will not affect the trial of the people's court.
How to handle online inter-provincial prosecution? 2 how do the two parties file a lawsuit in different places?
According to the law: in civil litigation, the plaintiff needs to bring a lawsuit to the court where the defendant has his domicile or the court where the defendant has his habitual residence. The plaintiff needs to submit a complaint to the court, providing the plaintiff's name, gender, age, nationality, occupation, work unit, residence and contact information. The defendant's name, gender, work unit, residence and other information.
The full text of the Civil Procedure Law of People's Republic of China (PRC) stipulates:
A civil action brought against a citizen shall be under the jurisdiction of the people's court of the defendant's domicile; If the defendant's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of habitual residence. Civil actions brought against other organizations shall be under the jurisdiction of the people's court of the defendant's domicile. Where the domiciles and habitual residences of several defendants in the same lawsuit are under the jurisdiction of two or more people's courts, they shall be under the jurisdiction of each people's court.
The following civil actions shall be under the jurisdiction of the people's court of the plaintiff's domicile: if the plaintiff's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of his habitual residence:
(a) the identity litigation filed against people who do not live in the territory of People's Republic of China (PRC);
(2) an identity relationship lawsuit filed against a person whose whereabouts are unknown or who is declared missing;
(3) A lawsuit against the person who has taken compulsory education measures;
(4) Proceedings against prisoners.
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, it can be made orally, which will be recorded by the people's court and the other party will be informed.
The complaint shall contain the following items:
(1) The name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, the name and domicile of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person;
(2) Information such as the name, gender, work unit and domicile of the defendant, and information such as the name and domicile of the legal person or other organization;
(3) the request and the facts and reasons on which it is based;
(4) Evidence and its sources, names and residences of witnesses.
How to handle inter-provincial prosecution online? Am I going to other provinces by myself?
If a lawsuit is filed in a different place, the parties concerned may go to handle it themselves, or entrust their relatives, friends or lawyers to handle it on their behalf. However, a written power of attorney and a complaint signed by the parties concerned shall be provided. Article 49 of the Civil Procedure Law, the parties have the right to entrust an agent, apply for withdrawal, collect and provide evidence, argue, request mediation, file an appeal and apply for enforcement.
prosecute
Prosecution refers to the act that the parties bring a lawsuit to the people's court on a civil dispute and request the people's court to hear it in accordance with legal procedures. That is, ask the court to pass the trial and let the defendant bear some legal responsibilities and obligations. The prosecution must have a clear defendant, specific claims and factual basis, and must also fall within the jurisdiction of the court being sued.
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.
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 people's courts are based on the prosecution of public prosecution organs or parties. 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.
civil dispute
The so-called civil dispute refers to the social dispute between equal subjects with civil rights and obligations as the content (disciplinary), which is the sum of legal norms dealing with personal relations and property relations between equal subjects, so all acts that violate this concept will cause civil disputes. Civil disputes are divided into two parts: one is about property relations, and the other is about personal relations. Its solution mechanism includes self-help, social relief and public relief.
How to handle online inter-provincial prosecution 4
1. How to sue the defendant in different places?
1. When bringing a lawsuit to the people's court, if the defendant is in a different place, which is only temporary, and the place is not his habitual residence, he shall bring a lawsuit to the court where the defendant resides.
2. If the defendant has his habitual residence in a different place, the plaintiff shall bring a lawsuit to the court of the defendant's habitual residence.
3. Interrelation
Legal basis: Article 21 of the Civil Procedure Law of People's Republic of China (PRC). A civil action brought against a citizen with general territorial jurisdiction shall be under the jurisdiction of the people's court of the defendant's domicile. If the defendant's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of habitual residence. A civil lawsuit brought against a legal person or other organization shall be under the jurisdiction of the people's court where the defendant is domiciled. Where the domiciles and habitual residences of several defendants in the same lawsuit are under the jurisdiction of two or more people's courts, they shall be under the jurisdiction of each people's court.
Second, what are the circumstances of exclusive jurisdiction of civil litigation?
Exclusive jurisdiction means that the law stipulates that some special types of cases are under the exclusive jurisdiction of a specific court. Exclusive jurisdiction is exclusive jurisdiction, which not only excludes the jurisdiction of any foreign court, but also excludes the parties from choosing other domestic courts through agreement. China's civil procedure law stipulates jurisdiction over three types of litigation:
(1) A lawsuit brought by a real estate dispute shall be under the jurisdiction of the people's court where the real estate is located.
(2) A lawsuit brought over a port operation dispute shall be under the jurisdiction of the people's court where the port is located.
(3) A lawsuit brought in connection with an inheritance dispute shall be under the jurisdiction of the people's court in the place where the decedent died or where the main heir lived.
Legal basis:
Article 21 of the Civil Procedure Law of People's Republic of China (PRC) shall be under the jurisdiction of the people's court of the defendant's domicile; If the defendant's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of habitual residence. A civil lawsuit brought against a legal person or other organization shall be under the jurisdiction of the people's court where the defendant is domiciled. Where the domiciles and habitual residences of several defendants in the same lawsuit are under the jurisdiction of two or more people's courts, they shall be under the jurisdiction of each people's court.
Provisions of People's Republic of China (PRC) and the Supreme People's Court on Several Issues Concerning the Trial of Cases by Internet Courts Article 2 The Internet courts in Beijing, Guangzhou and Hangzhou have centralized jurisdiction over the following cases of first instance that should be accepted by grassroots people's courts within their respective jurisdictions:
(a) disputes arising from the signing or performance of online shopping contracts through e-commerce platforms;
(2) Disputes over network service contracts signed and performed on the Internet;
(3) Disputes over financial loan contracts and small loan contracts signed and performed on the Internet;
(4) Disputes over the ownership of copyright or neighboring rights of works first published on the Internet;
(5) Disputes arising from infringement of the copyright or neighboring rights of works published or disseminated online on the Internet;
(6) Internet domain name ownership, infringement and contract disputes;
(seven) disputes arising from infringement of personal rights, property rights and other civil rights of others on the Internet;
(eight) product liability disputes arising from product defects that infringe upon the personal and property rights of others in products purchased through e-commerce platforms;
(9) Internet public interest litigation cases filed by procuratorial organs;
(ten) administrative disputes caused by administrative acts such as Internet information service management, online commodity trading and related service management made by administrative organs;
(eleven) other Internet civil and administrative cases designated by the people's court at a higher level.