Traffic accidents do not need to be prosecuted by lawyers, but there are two situations that can be handled:
1. If a civil lawsuit is filed, it is up to the parties themselves to decide whether to entrust a lawyer to represent them.
2. In criminal proceedings, if the defendant is unable to entrust a defense lawyer, he may apply for judicial assistance or defend himself.
The process of litigation:
1. Writing a complaint: A civil complaint is an important legal document to start legal proceedings. Appropriate litigation requests, statements of facts and reasons and legal basis are all important factors that determine the success or failure of litigation. Therefore, writing a complaint should be well conceived and designed, otherwise it will not only affect the outcome of the lawsuit, but also sometimes cause the loss of expenses.
2. Filing a case: First, select the court with jurisdiction, and then submit the complaint, evidence and other related materials. After receiving the notice of court acceptance, wait for the court summons to inform the court to open the session.
3. Trial: The trial procedure mainly includes court investigation and court debate. Proof and cross-examination in the court investigation stage are highly professional litigation actions. The debate stage is the time to fully explain the factual reasons and legal basis for supporting your own claims. Its purpose is to convince the judge and the other party to admit their views. Wait for the court's decision after the debate.
4. Judgment: The job of the court is to make a judgment after the court session. After receiving the judgment, if the party refuses to accept the judgment, he should appeal in time and start the second instance procedure. Otherwise, the judgment of first instance will take effect, and the disputes between the two parties will be executed according to the judgment.
5. Enforcement: After the judgment comes into effect, if one party refuses to perform its obligations voluntarily within the time limit determined by the judgment, the other party shall apply to the court for enforcement in time. If the court refuses to perform the judgment, it may take measures of detention and fine, and if the circumstances are serious, it may be investigated for criminal responsibility.
Legal basis: Article 119 of the Civil Procedure Law of People's Republic of China (PRC), the 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.
1. The following civil actions shall be under the jurisdiction of the people's court of the plaintiff's domicile; Where the plaintiff's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of habitual residence:
1. Identity litigation against people who do not live in the territory of People's Republic of China (PRC);
2. Identity litigation against persons whose whereabouts are unknown or who are declared missing;
3. Litigation against those who take compulsory education measures;
4. Proceedings against detainees.
Two, the following cases, by the provisions of the exclusive jurisdiction of the people's court:
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 by a port operation dispute shall be under the jurisdiction of the people's court where the port is located;
3. The lawsuit brought by the inheritance dispute shall be under the jurisdiction of the people's court in the place where the decedent died or where the main legacy is located.