1, the most important thing in the trial of a case is the parties, and it is required to have a correct and suitable case private prosecutor in a private prosecution case. In a case of private prosecution, the private prosecutor demands the victim who is directly injured or lost because of the infringement of criminal acts, and the victim is the person who should prosecute in a case of private prosecution. However, if the victim has died or is incapacitated due to damage, or is unable to inform due to limited ability, illness and other reasons, in this case, the legal representative or close relatives of the victim have the right to bring a lawsuit to the court on the grounds that the victim has suffered damage;
2. In addition to the plaintiff in a private prosecution case, the defendant in a criminal lawsuit should also be specific and clear, not a vague description or a virtual character. If the person brought by the private prosecutor is not clear after the first trial by the court, it will lead to the failure of private prosecution;
3. When a case of private prosecution is filed, it is necessary to explain the purpose of private prosecution, that is, to have a specific claim; A case of private prosecution must be within the scope of the case of private prosecution and shall not exceed the scope of the case of private prosecution;
5. The sentence "Litigation is to fight for evidence" emphasizes the importance of evidence in litigation. Similarly, in a case of private prosecution, evidence must be submitted to initiate a criminal private prosecution, and the evidence can prove the defendant's case;
6. Many courts want to institute criminal proceedings, but not all courts can do so. The premise of hearing a case of private prosecution is that the case falls within the jurisdiction of the court. When a criminal private prosecutor files a lawsuit, he shall file a lawsuit in a court that conforms to the nature of the case and the circumstances of the crime, as well as the provisions on hierarchical jurisdiction and territorial jurisdiction.
Laws and regulations Article 46 of the Criminal Procedure Law of People's Republic of China (PRC)
The victims of public prosecution cases and their legal representatives or close relatives, and the parties to incidental civil actions and their legal representatives shall have the right to entrust agents ad litem from the date when the case is transferred for examination and prosecution. The private prosecutor and his legal representative in a case of private prosecution, and the parties to an incidental civil action and their legal representatives have the right to entrust an agent ad litem at any time.