First, the prosecution procedure.
1. When a party files a lawsuit, it shall first submit an indictment and submit corresponding copies according to the number of the other party. If the parties are citizens, the names, gender, age, place of origin and address of both parties shall be stated; If the party is a unit, the name, address, legal representative or person in charge of the unit shall be stated. The body of the indictment shall specify the facts and reasons for the request and prosecution, and the tail shall be signed or stamped with the official seal.
2. According to the principle of "whoever advocates gives evidence", the plaintiff shall submit the following materials to the court:
(1) The materials of the plaintiff's subject qualification. Such as the original and photocopy of the resident ID card, residence booklet, passport, home visit certificate for Hong Kong and Macao compatriots, marriage certificate and other evidence; If the enterprise is the plaintiff, it shall submit a copy of the business license, business registration certificate and other materials.
(2) Evidence to prove the plaintiff's claim. Such as contracts, agreements, debt instruments (IOUs, IOUs, etc. ), send and receive vouchers, letters, etc.
3. When submitting documentary evidence to the court, the parties shall fill in the list of evidence in duplicate, indicating the name and pages of the evidence submitted. After the evidence is verified by the court undertaker, the undertaker shall sign and seal the evidence list, one for the parties and one for the file.
4. The filing court shall, within seven days after the parties perform the necessary procedures and submit relevant evidence materials, handle the filing procedures for those who meet the filing conditions; Those who do not meet the conditions for filing a case shall be ruled inadmissible according to law.
5. The parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receiving the notification of acceptance. If there are difficulties, you can submit a written application for reduction, deferment and exemption to our hospital during the advance delivery period. If they fail to pay the fee within the time limit or the written application for deferment, deferment or exemption is not approved, our hospital will decide to withdraw the lawsuit automatically.
6. After filing the case, the court will arrange the trial of the case, and the parties should obey the work arrangement of the court. After closing the case, the litigation costs will be settled in the financial room, so as to make more refunds and less subsidies.
II. Materials to be submitted for prosecution
1. A complaint, also known as an indictment, is necessary to bring a lawsuit to the court and explain the case and the legal documents we advocate. (For the specific writing, please refer to the article "Basic Forms and Writing Essentials of Civil Complaints" written by me.
Need to submit: 1 original indictment, and submit the number of copies according to the number of opponents. (that is, if there are several opponents, submit several copies, and then add 1 in court. )
2. Materials to prove the identity of the parties.
Need to submit: 1 copy of ID card. Without an ID card, you can also submit a copy of temporary id card and a copy of your household registration book.
If you have a copy of the other party's ID card or household registration book, you can also submit it together. If not, if there is the name and address of the other party, it can be stated in the complaint.
3. Basic evidence to prove your claim.
Need to submit: 1 piece of evidence, depending on the specific case. For example, divorce cases should provide copies of marriage certificates, and debt cases should provide copies of IOUs and IOUs. The original is usually submitted at the trial.
4. Authorization and entrustment procedures.
Legal basis:
Article 16 of the Criminal Procedure Law of People's Republic of China (PRC) shall not be investigated for criminal responsibility under any of the following circumstances. If criminal responsibility has been investigated, the case shall be dismissed, or no prosecution shall be instituted, or the trial shall be terminated or acquitted:
(a) if the circumstances are obviously minor and the harm is not great, it is not considered a crime;
(two) the crime has passed the limitation period;
(3) Being exempted from punishment by an amnesty order;
(4) Failing to tell or withdrawing a crime that should be dealt with only after being told according to the Criminal Law;
(5) The criminal suspect or defendant dies;
(six) other laws and regulations shall be exempted from criminal responsibility.