Public prosecution refers to the direct prosecution by national judicial organs without parties involved, mainly by judicial personnel of the People's Procuratorate. The prosecutor is a concept in criminal proceedings, while the plaintiff is a concept in civil proceedings. There is an essential difference between the two. If it is a private prosecution case, the person is called the private prosecutor, that is, the victim, not the plaintiff. Prosecutors are procuratorate staff who exercise the power of prosecution on behalf of the state.
The plaintiff in a civil lawsuit must meet the following conditions:
1. The plaintiff is a citizen, legal person or other organization that has a direct interest in the case: the plaintiff has a direct interest in the case and is It refers to the infringement of the civil rights and interests of citizens, legal persons or other organizations or direct disputes with others. The main emphasis is on direct interest relationships;
2. There is a clear and specific defendant: The clear defendant refers to the counterparty whom the plaintiff accuses of infringing on his rights or having a dispute with him, and should be a clear, accurate, and specific citizen or legal person or other organizations. That is to say, if you know who the specific defendant is, if you do not know the specific object of the lawsuit, the lawsuit will not be successful;
3. Have specific litigation claims, facts and reasons: The litigation claims are submitted by the plaintiff to the other party through the People's Court Substantive litigation claims filed. Litigation claims play a certain role in determining the specific method of court hearings and determining the content of judgments;
4. It falls within the scope of the people's court to accept civil lawsuits and the jurisdiction of the people's court being sued: the case being sued does not If the case falls under the jurisdiction of the People's Court, the case will either not be filed or will be dismissed in accordance with the law.
I hope the above content can help you. If you have any other questions, please consult a professional attorney.
Legal basis: "Criminal Procedure Law of the People's Republic of China"
Article 169: All cases requiring public prosecution shall be reviewed and decided by the People's Procuratorate.
Article 170: The People’s Procuratorate shall review cases transferred for prosecution by the supervisory authorities in accordance with the relevant provisions of this Law and the Supervision Law. If the People's Procuratorate deems that supplementary verification is needed after review, it shall return it to the supervisory authority for supplementary investigation, and may conduct supplementary investigation on its own if necessary.
Applying compulsory measures to cases transferred by the supervisory authority. For cases that have been transferred by the supervisory authority for prosecution and where detention measures have been taken, the People's Procuratorate shall first detain the criminal suspect, and the detention measures will be automatically lifted. The People's Procuratorate shall make a decision on whether to arrest, release on bail pending trial, or place a person under residential surveillance within ten days of detention. In exceptional circumstances, the decision time may be extended by one to four days. The period during which the People's Procuratorate decides to take compulsory measures is not counted in the period for review and prosecution.