The conditions for bringing a civil lawsuit are as follows:
1. The plaintiff is a citizen, legal person or other organization that has a direct interest in this case. The meaning of "having a direct interest in this case" refers to having a direct interest in the subject matter of litigation, or that the personal rights, property rights or other rights and interests of citizens, legal persons or other organizations are directly infringed by others or have a direct dispute over the ownership of rights and obligations with them;
2. There is a clear defendant. The so-called clear defendant means that the plaintiff must clearly point out who the defendant is when suing, that is, to clarify who has violated his own civil rights and interests, or who has a civil rights dispute with the plaintiff. However, it needs to be clear that the law only requires a clear defendant, regardless of whether the listed defendant is qualified or not, that is to say, even if the party accuses the wrong person, the court will not try to find out at the filing stage, so it will not hinder the establishment of the lawsuit;
3. There are specific claims, facts and reasons. Specific litigation request means that the content and scope of the civil rights and interests that the plaintiff requests the people's court to confirm or protect should be clear and specific, and the content of the protection, payment, objection and confirmation that the plaintiff requests the people's court should be clear and unambiguous. Facts and reasons refer to the "facts of the case" and "evidence" that the plaintiff must state to the people's court, as well as the reasons to support the claim. The law requires the plaintiff to hold factual reasons, which requires the plaintiff to explain the occurrence, development, change and elimination of civil legal relations, their views and reasons, and provide relevant evidence. As for whether the plaintiff's reasons are established and whether the evidence is sufficient and conclusive, the court will not ask questions at the stage of filing a case for review;
4. It belongs to the scope and jurisdiction of the people's court to accept civil litigation. The case sued by the plaintiff should be within the scope of civil litigation accepted by the people's court, that is, it should be under the jurisdiction of the people's court, which has the right to hear the case according to law. In addition, the court that receives the complaint must have jurisdiction over the case before it can formally accept the case.
To sum up, if the court sentences the criminal to fixed-term imprisonment, life imprisonment or suspended execution, it is necessary to transfer him to prison for custody, and the criminal may also become the defendant. The scope of accepting cases refers to that citizens, legal persons or other organizations refuse to accept the administrative actions of organs and organizations with state administrative functions and powers and their staff, and bring a lawsuit according to law, which belongs to the scope of accepting cases in administrative litigation of people's courts. Both public security organs and judicial organs have clear management scope. For example, ordinary grass-roots courts cannot hear foreign-related patent infringement cases, which is clearly stipulated by law. Therefore, when a party brings a lawsuit, it must be clear whether it belongs to the scope of court acceptance.
Legal basis:
Article 23 of the Civil Procedure Law of People's Republic of China (PRC)
A lawsuit brought in connection with a contract dispute shall be under the jurisdiction of the people's court in the place where the defendant has his domicile or where the contract is performed.
Article 21
A civil action brought against a citizen shall be under the jurisdiction of the people's court of the defendant's domicile; If the defendant's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of habitual residence. A civil lawsuit brought against a legal person or other organization shall be under the jurisdiction of the people's court where the defendant is domiciled. If the domicile and habitual residence of several defendants in the same lawsuit are under the jurisdiction of two or more people's courts, they shall be under the jurisdiction of each people's court.