Prosecution is the act of filing a lawsuit in court in accordance with the law and requesting the court to try a specific case. The prosecution of a criminal case is to request the court to convict and sentence the defendant through trial; the prosecution of a criminal case with attached civil litigation is to request the court to hold the defendant accountable for financial compensation through trial. Prosecutions must be filed in a court of competent jurisdiction by a citizen or legal person with the right to sue in accordance with the law. In our country, the public prosecution of criminal cases mainly refers to the public prosecution initiated by the People's Procuratorate. Only complaints will be handled and other minor criminal cases that do not require investigation can be initiated by the victim or his legal representative. Civil litigation incidental to criminal cases can be initiated by the victim. It can also be filed by the People's Procuratorate and the infringed legal person.
Prosecution in the Civil Procedure Law means that a subject in a civil legal relationship requests the court to try its best to resolve a dispute in its own name because its own or the civil rights and interests managed and controlled by it in accordance with the law are infringed, or it has a dispute with others. protected litigation. Prosecution in criminal proceedings refers to litigation activities in which state agencies and citizens who have the right to sue in accordance with the law file lawsuits in court and request the court to hear the alleged crimes in order to determine the criminal liability of the defendant and impose criminal sanctions in accordance with the law. All types of cases heard by the People's Court are predicated on prosecution by the public prosecution agency or the parties concerned. If no one files a lawsuit, the court will not take the initiative to hear any case. When a court accepts a lawsuit and agrees to conduct a trial, it is called acceptance. The establishment of an indictment marks the beginning of the trial process.
Legal basis
Article 122 of the "Civil Procedure Law of the People's Republic of China and the State"
The following conditions must be met to file a lawsuit:
(1) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;
(2) There is a clear defendant;
(3) There is a clear defendant defendant. p>
(3) There are specific litigation claims, facts and reasons;
(4) It falls within the scope of the people's court to accept civil litigation and the jurisdiction of the people's court.