what is the procedure of prosecution? 1 What is the procedure for bringing a lawsuit to the court?
Procedures for prosecution and acceptance of civil litigation
First, the conditions must be met:
1. The plaintiff is a citizen, legal person and other organization with direct interest in this case;
2. Having a clear defendant;
3. There are specific claims, facts and reasons;
4. It belongs to the scope and jurisdiction of the people's court to accept civil litigation.
2. The plaintiff shall submit materials to the court:
1. Submit a complaint and submit copies according to the number of defendants; The indictment must be signed by the plaintiff (the plaintiff is a natural person) or sealed (the plaintiff is a legal person or other organization). 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.
Note: The complaint shall contain the following items:
1) The name, sex, age, nationality, occupation, work unit and address, telephone number of the party concerned, the name, address and telephone number of the legal person or other organization, and the name and position of the legal representative or principal responsible person;
2) the request and the facts and reasons on which it is based;
3) evidence and sources, names and residences of witnesses.
2. Written evidence related to the alleged facts (including other forms of evidence);
3. If the plaintiff is a natural person, submit his household registration and identification materials; If the plaintiff and the defendant are legal persons or other organizations, they shall submit their industrial and commercial registration materials or business licenses and identity certificates of their legal representatives respectively.
Third, the court's handling of the case:
1. In accordance with the provisions of the Administrative Procedure Law, if the case falls within the scope of administrative litigation, inform the plaintiff to file an administrative lawsuit;
2. In accordance with the law, both parties voluntarily reach a written arbitration agreement on contract disputes and apply to an arbitration institution for arbitration. If they cannot bring a suit in a people's court, they shall inform the personnel to apply to an arbitration institution for arbitration;
3. If it should be handled by other organs according to law, inform the plaintiff to apply to the relevant organs for settlement;
4. Inform the plaintiff to bring a lawsuit to the people's court with jurisdiction for cases that are not under the jurisdiction of our court;
5. If a party files a lawsuit with a legally effective judgment or ruling, it shall inform the plaintiff to handle it according to the indictment, unless the people's court decides to allow the withdrawal of the lawsuit;
6. According to the law, a case that cannot be prosecuted within a certain period of time will not be accepted if it is prosecuted within the period of non-prosecution;
7. Divorce and mediation are not allowed, and cases of maintaining adoption through judgment or mediation are not accepted. If the plaintiff brings a lawsuit within 6 months without new circumstances or new reasons, it will not be accepted.
IV. Complaints received by the court:
1. If the people's court finds that the plaintiff has not proved the main evidence of his claim, it shall promptly notify him of supplementary evidence. The time for accepting the complaint shall be counted from the date when the parties submit relevant evidence.
2. If the plaintiff insists on bringing a lawsuit after examination, it will be rejected by the court within 7 days; If the plaintiff refuses to accept the ruling, he can appeal.
3. If the case meets the conditions for acceptance of prosecution after examination, the judge in charge of examination and prosecution shall decide to file a case or report it to the president for approval according to the different circumstances of the case. Major and difficult cases shall be reported to the president for approval or discussed and decided by the judicial Committee.
4. after the prosecution is filed after examination, the court shall file the case within 7 days: compile the case number, fill in the registration form, calculate the case acceptance fee, send the case acceptance notice to the plaintiff, and notify the plaintiff in writing to pay the case acceptance fee in advance.
5. after the filing court decides to file a case, it will transfer the case to the relevant court for trial within two working days and handle the transfer.
go ahead and indicate the handover date. The date of acceptance or registration after examination is the date of application.
Procedures for prosecution and acceptance of administrative litigation
1. The people's courts accept lawsuits filed by citizens, legal persons and other organizations against the following specific administrative acts:
1. Penalties such as refusing to accept detention, fines, revocation of permits and licenses, ordering to stop production and business, confiscation of property, etc. ;
2. Acts of restricting personal freedom or taking compulsory measures such as seizure, seizure and freezing;
3. think that the administrative organ violates the enterprise autonomy stipulated by law;
4. The administrative organ refuses to issue or refuses to reply to the application for the license and license issued by the administrative organ that meets the statutory conditions;
5. The administrative organ refuses to perform the statutory duties of protecting personal rights and property rights, or refuses to reply;
6. Those who think that the administrative organ has not issued the pension according to law `;
7. It is considered that the administrative organ illegally requires it to perform its obligations;
8. think that the administrative organ has infringed upon other personal rights and property rights.
2. The people's courts will not accept lawsuits filed by citizens, legal persons or other organizations on the following matters:
1. Acts of state such as national defense and foreign affairs;
2. generally binding administrative regulations, rules or decisions and orders formulated and issued by administrative organs;
3. Decisions on rewards and punishments, appointment and dismissal of staff of administrative organs;
4. The specific administrative act that is finally decided by the administrative organ according to the law;
5. Acts explicitly authorized by public security, national security and other organs in accordance with the Criminal Procedure Law;
6. Mediation and arbitration provided by law;
7. There is no mandatory administrative guidance;
8. Refuse to handle the complaints of the parties about administrative acts repeatedly;
9. Acts that have no actual impact on the rights and obligations of citizens, legal persons or other organizations.
III. Conditions that must be met:
1. Citizens, legal persons or other organizations that the plaintiff believes the specific administrative act has infringed upon their legitimate rights and interests;
2. Having a clear defendant;
3. There are specific claims and factual basis;
4. It belongs to the jurisdiction of the people's court and the jurisdiction of the people's court.
iv. written materials shall be submitted with reference to civil litigation.
verb (abbreviation of verb) After receiving the indictment, the court
shall, after examination, file a case or make a ruling of inadmissibility within 7 days. If the plaintiff refuses to accept the ruling, he can appeal.
Procedure for prosecution and acceptance of criminal private prosecution
1. Conditions that must be met:
1. Inform to handle the case;
There are five situations: "insulting cases" (except those that seriously endanger social order and national interests); "Defamation cases" (except those that seriously endanger social order and national interests); "Violence interferes with freedom of marriage"; "Cases of abuse"; Misappropriation of public funds.
2. The victim has evidence to prove a minor criminal case;
there are eight items in total: 1) "intentional injury case (minor injury)"; 2), "bigamy case"; 3), "abandoning the case"; 4), "case of obstructing freedom of communication"; 5), "illegal intrusion into other people's homes"; 6) "Case of producing and selling fake and inferior commodities" (except those that seriously endanger social order and national interests); 7) Cases of infringement of intellectual property rights (except those that seriously endanger social order and national interests); 8), which belongs to Chapter IV and Chapter V of the Specific Provisions of the Criminal Law, the defendant may be sentenced to fixed-term imprisonment of not more than three years.
3. If the victim has evidence to prove that the defendant has infringed upon his personal and property rights, he should be investigated for criminal responsibility according to law, but the public security organ or the people's procuratorate will not investigate the criminal responsibility of the defendant.
4. under the jurisdiction of our hospital;
5. The story is told by the victim of the criminal case; (Note)
6. There are clear defendants, specific claims and evidence that can prove the defendant's criminal facts.
Note: If the victim dies, loses civil capacity, cannot be identified due to coercion or intimidation, or the person with limited capacity cannot be identified in person due to old age, illness, blindness, deafness or deafness, and his legal representative or close relatives identify him on his behalf, the people's court shall accept the case according to law.
if the victim can't tell it because of the reasons specified in the preceding paragraph, and his legal representative or close relatives tell it on his behalf, the person who told it on his behalf shall provide proof of the relationship with the victim and the reasons why the victim can't tell it in person.
2. The people's court shall persuade the private prosecutor to withdraw the prosecution or make a ruling to dismiss the prosecution in any of the following circumstances after examination:
1. The above conditions 1-3 are not met;
2. Insufficient evidence;
3. The statute of limitations has expired for the crime;
4. The defendant died;
5. The defendant's whereabouts are unknown;
6. Unless the prosecution is withdrawn due to insufficient evidence, the private prosecutor informs the same fact after withdrawing the prosecution;
7. after the people's court closed the case through mediation, the private prosecutor repented and told the same fact again.
3. The private prosecutor shall submit a criminal private prosecution to the people's court:
1. If it is really difficult to write a private prosecution, you can inform it orally, and the staff of the people's court will make a record, read it out to the private prosecutor and confirm it.
if it is correct, it shall be signed or sealed. If there are more than two defendants, the private prosecutor shall provide a copy of the private prosecution according to the number of defendants when informing.
2. Contents:
1) Name, gender, age, nationality, native place, education level, occupation, work unit, address and telephone number of the private prosecutor, defendant and agent;
2) The time, place, means, circumstances and harmful consequences of the defendant's criminal act;
3) specific claims;
4), the name of the people's court and the time of presentation;
5), names and addresses of witnesses and names and sources of other evidence.
iv. the people's court shall make a decision on whether to file a case within 15 days from the second day after receiving the private prosecution or oral notice, and notify the private prosecutor or the person who initiated the prosecution in writing.
what is the prosecution procedure? 2. The process of self-prosecution.
I. required materials
(1) indictment: as the primary material for prosecution, it is essential to explain the situation and express the demands. Friends with a certain legal background can refer to other people's indictment templates online and write them themselves, or they can find a lawyer to write them for them. An indictment with clear logic and clear facts and demands can save a lot of trouble for future court decisions.
(2) evidential materials: relevant evidence is essential when going to court for litigation. The specific evidence needed includes: a copy of my ID card, information materials of the other party, and evidence materials that can prove the creditor's rights relationship between the plaintiff and the defendant (such as contracts, IOUs, receipts, IOUs, etc.). ), as well as the evidence that the other party fails to perform the debt within the time limit and still fails to pay back the money after the dunning (such as the chat screenshot of the agreed repayment period, the screenshot of the dunning chat, etc.). ).
It should be reminded that even if no relevant evidence is found, don't forge it. Providing forged and deceptive materials requires legal responsibility.
II. File format
(1) The indictment and evidence materials should be printed or copied on A4 printing paper, and the original is kept by me, and a copy can be submitted.
(2) The indictment and evidence materials should be prepared in multiple copies, depending on the number of defendants, and the number of defendants should be +1.
third, go to court.
according to article 23 of the civil procedure law, "contract disputes shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the contract is performed."
the above provisions shall also apply to disputes over private lending, which shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the loan is performed.
So, after sorting out the materials needed for prosecution, you should go to the defendant's residence or the local court where you lent money to the defendant to sue.
after filing a lawsuit, the court will inform you to pay the fee. Legal fees should be calculated according to the target amount, less than 1 million. 5 yuan, the legal fees, the summary procedure can be halved only by 25 yuan.
after the payment is completed, wait for the court to serve you with a court summons to inform you to go to court.
what is the prosecution procedure? What is the detailed process of divorce proceedings?
The process of litigation divorce roughly includes four parts: prosecution, mediation, court hearing and judgment. It will take about six months for the lawsuit to come to a conclusion. According to the current judicial practice, unless there are special reasons, the court generally does not decide divorce at the first prosecution, and it needs to sue for divorce again six months after the first judgment.
in the prosecution stage, the parties need to submit materials to the court or file a case online. There are two questions here, one is which court to sue, and the other is what materials to submit. To go to that court to prosecute is, in French words, to judge which court has jurisdiction. Generally speaking, divorce is sued in the court where the other party lives, or in the other party's habitual residence. The materials submitted include the indictment, one's own ID card, marriage certificate, child's birth certificate and so on.
after the prosecution has passed the court review, the court will arrange time for mediation and questioning. If both parties are willing to mediate, it can be settled through mediation, and a mediation document will specify the divorce. If the two sides can't mediate, they will enter the formal trial procedure.
after entering the trial procedure, the court will pass the trial, and both parties should show their attitudes and give evidence on whether to continue the marriage, child support, property division and other issues. After the trial, the court will make a judgment on whether to grant the divorce.
The court takes whether the relationship between the two parties has really broken down as the legal condition for judging divorce. Among them, Article 179 of the Civil Code clearly stipulates that if one of the husband and wife requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court. When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.
in any of the following circumstances, if mediation fails, divorce shall be granted: (1) bigamy or cohabitation with others; (2) committing domestic violence or abusing or abandoning family members; (three) gambling, drug abuse and other bad habits; (four) separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the marriage relationship.
if one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.
after the people's court ruled that divorce is not allowed, if both parties have separated for one year, and one party files a divorce lawsuit again, divorce shall be granted.