Whether the prosecution is public prosecution or private prosecution. If it is a public prosecution case, such as a criminal case, the procuratorate will initiate a public prosecution, and the victim does not need a lawyer. If it is a case of private prosecution (that is, a lawsuit by oneself), you don't need a lawyer, you can find a litigation agent who understands the law, or you can have enough legal knowledge. Hiring a lawyer is not a necessary element of litigation, but in practice, litigation is professional, and most people worry that they don't know the law and don't handle it properly, so litigation on their own will be counterproductive. The parties may hire a lawyer as an agent ad litem to handle relevant litigation matters on their behalf, or they may prepare their own materials to bring a suit in a people's court.
As long as the conditions for prosecution are met, the parties may bring a lawsuit to the people's court on their own.
Legal conditions for prosecution:
1, there is a clear defendant, that is, a qualified defendant;
2. Citizens, legal persons and other organizations that file lawsuits have a direct interest in this case;
3. The request is specific and has corresponding facts and reasons;
4. The plaintiff brings a lawsuit to the people's court with jurisdiction, and the dispute brought by the plaintiff belongs to the scope of the people's court.
legal ground
People's Republic of China (PRC) Civil Procedure Law
Article 119
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.
Criminal Procedure Law of the People's Republic of China
Article 108
The meanings of the following terms in this Law are:
(1) Investigation refers to the work of public security organs and people's procuratorates to collect evidence and find out the facts of criminal cases and the relevant compulsory measures taken according to law;
(2) "Parties" refer to victims, private prosecutors, criminal suspects, defendants, plaintiffs and defendants in incidental civil actions;
(3) "Legal representative" refers to the parents, adoptive parents and guardians of the client and the representatives of the organs and organizations responsible for protection;
(4) "Participants in litigation" refers to the parties, legal representatives, agents ad litem, defenders, witnesses, expert witnesses and translators;
"Agent ad litem" refers to the victim of a public prosecution case and his legal representative or near relative, the person entrusted by the private prosecutor and his legal representative in a private prosecution case to participate in the litigation on his behalf, and the person entrusted by the party involved in an incidental civil litigation and his legal representative to participate in the litigation on his behalf;
(6) "Close relatives" refer to husbands, wives, fathers, mothers, sons, daughters, brothers and sisters.