Litigation procedures:
1. Write a complaint
A civil complaint is an important legal document for starting litigation procedures. Appropriate claims, statements of facts and reasons, and legal basis are all important factors in determining the success or failure of a lawsuit. Therefore, when writing a complaint, you must have a good idea and design, otherwise it will not only affect the outcome of the lawsuit, but sometimes also cause loss of expenses.
2. Filing a case
First select a court with jurisdiction, and then submit the complaint, evidence and other relevant materials. After receiving the court acceptance notice, wait for the court summons to notify the hearing.
3. Court session
The court proceedings mainly include court investigation and court debate. The production and cross-examination of evidence during the court investigation stage are highly professional litigation activities. The debate stage is when you fully explain the factual reasons and legal basis to support your claim. The purpose is to persuade the judge and the other party to admit their point of view. Wait for the court's decision after the debate.
4. Judgment
The job of the court is to make a judgment after the hearing. After receiving the judgment, if the parties are dissatisfied with the judgment, they should promptly file an appeal and initiate the second instance procedure. Otherwise, the first-instance judgment shall take effect, and the disputes between the parties shall be governed by the judgment.
5. Performance
After the judgment takes effect, if one party does not voluntarily perform its obligations within the time limit determined by the judgment, the other party shall apply to the court for execution in a timely manner. If the court refuses to fulfill its judgment, it may take measures such as detention and fines. If the circumstances are serious, criminal liability may be pursued.
Legal basis: Article 119 of the "Civil Procedure Law", the prosecution must meet the following conditions:
(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 are specific requests, facts and reasons;
(4) It is accepted by the People’s Court The scope of civil litigation shall be under the jurisdiction of the people's court being sued.
Article 28 of the "Lawyers Law" Lawyers may engage in the following businesses:
(1) Accept entrustment from natural persons, legal persons or other organizations to serve as legal advisors;
(2) Accept the entrustment of parties in civil cases and administrative cases, act as agents, and participate in litigation;
(3) Accept the entrustment of criminal suspects or defendants in criminal cases or be assigned by legal aid agencies in accordance with the law Serve as a defender, accept entrustment from private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives, and participate in litigation on behalf of them;
(4) Accept entrustment and represent appeals in various litigation cases;
(5) Accept entrustment and participate in mediation and arbitration activities;
(6) Accept entrustment and provide non-litigation legal services;
(7) Answer legal questions and write lawsuits Documents and other documents related to legal matters.