Description of prosecution
I. Jurisdiction
(1) Civil cases
1. Citizens may bring a civil lawsuit to the people's court in accordance with the law because of marriage and family disputes, or the legitimate rights and interests of citizens, legal persons and other organizations are infringed, or there is a property right dispute with others.
2. In civil litigation, the principle that the plaintiff is the defendant is generally implemented, that is, a civil case of first instance in which the defendant is located in Zhongshan City can generally bring a lawsuit to our hospital, unless otherwise stipulated by law. Specifically, infringement cases are under the jurisdiction of the people's court where the infringement is committed or where the defendant is located, real estate cases are under the jurisdiction of the people's court where the real estate case is located, and contract dispute cases are under the jurisdiction of the people's court where the defendant is located or where the contract is performed. For specific provisions on the jurisdiction of cases, please refer to the Civil Procedure Law of People's Republic of China (PRC) and the Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC).
3. For property cases, the amount under the jurisdiction of our hospital is less than RMB 5 million.
(2) Administrative cases
1. Citizens, legal persons or other organizations may bring an administrative lawsuit to the people's court according to law if they are dissatisfied with the following specific administrative acts:
(1) refuses to accept administrative punishment such as detention, fine, revocation of license and license, order to stop production and business, confiscation of property, etc. ;
(2) restricting personal freedom or refusing to accept administrative compulsory measures such as sealing up, distraining and freezing property;
(three) that the administrative organ violates the business autonomy stipulated by law;
(four) the administrative organ refuses to issue or reply to the application for the license and license issued by the administrative organ that meets the statutory conditions;
(five) the administrative organ refuses to perform the statutory duties of protecting personal rights and property rights or refuses to reply;
(6) think that the administrative organ has not paid the pension according to law;
(seven) the administrative organ illegally requires it to perform its obligations;
(eight) administrative organs infringe upon other personal rights and property rights;
(nine) other administrative cases that can be filed in accordance with laws and regulations.
No administrative proceedings may be brought on the following matters:
(1) national defense, foreign affairs and other state acts;
(2) Administrative regulations, rules or decisions and orders with general binding force formulated and issued by administrative organs;
(three) the decision of the administrative organ on the reward and punishment, appointment and removal of the staff of the administrative organ;
(four) the specific administrative act finally decided by the administrative organ according to law.
2. Administrative cases shall be under the jurisdiction of the people's court where the administrative organ that initially made the specific administrative act is located; After reconsideration, if the reconsideration organ changes the original specific administrative act, it may also be under the jurisdiction of the people's court where the reconsideration organ is located.
Administrative litigation brought by real estate shall be under the jurisdiction of the people's court where the real estate is located.
If more than two people's courts have jurisdiction, the plaintiff may choose one of them to bring a lawsuit.
(3) Criminal cases
1. Citizens can bring criminal private prosecution to the people's court according to law in the following three types of cases:
(1) Cases handled only after being informed. Handling after informing means that the victim will handle it after informing. If the victim is unable to tell because of coercion or intimidation, the people's procuratorate and the close relatives of the victim can also tell.
Specifically, it includes the crime of insult, libel, violent interference in freedom of marriage, abuse, bigamy, refusal to return property and so on.
(2) The victim has evidence to prove minor criminal cases, including:
① Intentional injury case (minor injury);
(2) Bigamy cases;
③ Abandonment cases;
(four) cases that hinder the freedom of communication;
⑤ Illegal intrusion into other people's houses;
6 cases of producing and selling fake and inferior commodities (except those that seriously endanger social order and national interests);
All landowners cases of infringement of intellectual property rights (except those that seriously endanger social order and national interests);
(8) Other minor criminal cases in which the defendant can be sentenced to fixed-term imprisonment of not more than three years as stipulated in Chapters IV and V of the Specific Provisions of the Criminal Law.
In the above eight cases, if the victim brings a lawsuit directly to the people's court, the people's court shall accept it according to law. If the evidence is insufficient and can be accepted by the public security organ, it shall be transferred to the public security organ for investigation. If the victim complains to the public security organ, the public security organ shall accept it.
(3) Cases in which the victim has evidence to prove that the defendant has infringed upon his personal and property rights and should be investigated for criminal responsibility according to law, but the public security organ or the people's procuratorate does not investigate the criminal responsibility of the defendant.
2. In criminal cases of private prosecution, the principle of jurisdiction by the people's court of the place where the crime was committed is generally implemented, that is, in criminal cases of private prosecution in Zhongshan City, the private prosecutor can file a private prosecution with our hospital.
Second, prosecution.
1. Citizens, legal persons or other organizations must meet the following conditions when bringing a civil lawsuit to the people's court:
(1) 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;
(4) Belonging to the scope of acceptance by the people's court and the jurisdiction of the sued people's court.
2. Unless otherwise provided by law, the limitation of action for requesting protection of civil rights from the people's court shall be two years. The following limitation period is one year:
(1) claims compensation for bodily injury;
(two) the sale of substandard goods has not been declared;
(3) delaying or refusing to pay the rent;
(4) Loss of or damage to the property in escrow.
3. If an administrative lawsuit is filed, it shall be filed within three months from the date of knowing that the specific administrative act has been made; After the reconsideration procedure is completed, it shall be put forward within 15 days from the date of receiving the reconsideration decision.
4. A case of criminal private prosecution shall be filed within the time limit for prosecution.
5, citizens, legal persons or other organizations to the people's court, shall submit a complaint, and according to the number of the other party to submit copies (including copies of the complaint and evidence). The complaint shall contain the following items:
(1) If the party concerned is an individual, the name, gender, date of birth, nationality, occupation, work unit, residence and contact information shall be stated; If the party concerned is a legal person or other organization, it shall specify the name and domicile, and the name, position and contact information of the legal representative (or principal responsible person);
(2) the request and the facts and reasons on which it is based;
(3) Evidence and its sources, names and residences of witnesses.
In addition to the above contents, the complaint shall also indicate the name of the people's court where the complaint was submitted and the date of prosecution, and shall be signed and sealed by the plaintiff.
6. When submitting the complaint, the plaintiff shall attach relevant certificates:
(1) If the plaintiff is a citizen, provide his identity certificate; If it is a legal person or other organization, provide a copy of its valid license and the identity certificate of its legal representative (or person in charge);
(2) If the defendant is a citizen, provide his household registration certificate; If it is a legal person or other organization, it shall provide its registration information.
7. The plaintiff shall pay the litigation costs in accordance with the relevant provisions of the law (see: Measures for Litigation Costs).
8. The plaintiff can apply for litigation preservation at the same time as the prosecution. To apply for litigation preservation, an application must be submitted, the property preservation fee must be paid according to law, and a guarantee must be provided according to the requirements of the people's court. Guarantee can be property guarantee or credit guarantee. Where property security is provided, a list of the secured property and proof of ownership shall be submitted; Where a third party provides property guarantee, the guarantee unit shall issue a letter of guarantee, and provide a copy of the business license of the guarantee unit and the identity certificate of the legal representative. Credit guarantee can only be provided by a third party, and the recent balance sheet of the guarantee unit must be submitted.
In case of emergency, the parties may also apply to the people's court for property preservation measures before bringing a lawsuit, and the applicant shall provide a guarantee. If no guarantee is provided, the application shall be rejected. The applicant shall file a lawsuit within 15 days after the people's court takes the preservation measures, otherwise the people's court will lift the property preservation.
If the above two applications are wrong, the applicant shall compensate the respondent for the losses suffered by property preservation.
9. The parties have the right to entrust 1-2 agent to represent the lawsuit. Lawyers, close relatives of the parties, persons recommended by relevant social organizations or units and other citizens approved by the people's court may be entrusted as agents ad litem.
If another person is entrusted to represent the lawsuit, a power of attorney signed or sealed by the client must be submitted to the people's court, and the entrusted matters and authority must be specified.
Third, responding to the lawsuit
1. If a party is sued, it shall submit a defense to the people's court within 15 days after receiving a copy of the complaint, and provide copies according to the number of the other party.
2, there is evidence to refute, should be submitted to the people's court within the time limit for proof. (Note: Evidence must be submitted within the statutory time limit. Those who submit evidence after the deadline may bear the consequences of failing to provide evidence. For details, please refer to the civil litigation risk notice).
3. If counterclaims are needed, they can be stated in the defense, or they can apply independently, and pay counterclaim fees in accordance with relevant regulations (the charging method is the same as that of prosecution).
4. Make all preparations for court proceedings and attend the court hearing on time according to the time notified by the people's court. If he does not appear in court, the people's court will conduct a trial in absentia.
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