Prosecution is an act that the parties ask the people's court to protect their legitimate rights and interests and ask the people's court to try the case according to law. The people's courts practice the principle of "not suing and ignoring" in civil cases. Therefore, prosecution can lead to litigation and start litigation activities. Prosecution is an important litigation right of the parties, and the people's court can only start the litigation procedure if it effectively exercises the right of prosecution. The conditions for prosecution are as follows:
The plaintiff is a citizen, legal person and other organization that has a direct interest in this case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
It belongs to the scope and jurisdiction of the people's court to accept civil litigation.
Acceptance is the behavior that the people's court decides to accept the plaintiff's lawsuit and start the proceedings after receiving the plaintiff's lawsuit. After examination, the people's court considers that the plaintiff's lawsuit meets the conditions prescribed by law and must be accepted. A ruling on prosecution that does not meet the conditions prescribed by law shall not be accepted.
(2) Preparation before trial
After accepting a case, the people's court should make good preparations before the trial, including: sending a copy of the complaint to the defendant within five days from the date of filing the case, and the defendant should submit a reply within fifteen days from the date of receiving it; Inform the parties of the relevant litigation rights and obligations; Form a collegial panel and inform the parties within three days; Consult litigation materials or conduct necessary investigations and collect necessary evidence.
(3) hearing cases
When trying a civil case, the people's court shall notify the parties and other participants in the proceedings three days before the opening of the court session, which shall generally be conducted in public. The trial process is divided into court investigation. Court debate; Consult the opinions of the plaintiff, the defendant and the third party; Mediation can be conducted; Judge. A case tried by the people's court through ordinary procedures shall be concluded within six months from the date of filing the case; If there are special circumstances that need to be extended, it can be extended for six months with the approval of the president of our hospital; If an extension is needed, it shall be reported to the Higher People's Court for approval.
(4) Judgments and rulings
After the court debate, the people's court shall make a judgment according to law. Mediation can be conducted before the judgment, and mediation can also be conducted. If mediation fails, a judgment shall be made in time and all judgments shall be publicly announced.
The judgment shall specify:
The cause of action, the claim, the facts and reasons of the dispute;
(2) The facts, reasons and applicable legal basis of the judgment;
(3) the verdict and the burden of litigation costs;
Time limit for appeal and court of appeal.
The written judgment shall be signed by the judges and court clerks and affixed with the seal of the people's court.
The Supreme People's Court's judgments and orders, as well as those that cannot be appealed according to law or have not appealed at the expiration of the appeal period, are legally effective judgments and orders.
When a party brings a lawsuit to a court for an economic dispute, ordinary procedures are usually applied. As for the process of economic dispute prosecution, we must first know which court to go to, and then write a complaint and submit it to the court. According to the latest regulations, it is now necessary to decide whether to file a case on the spot. If the case is filed, a notice of filing will be issued. At this point, the entire economic dispute prosecution procedure is over, and the next step is to wait for the trial.