The Civil Procedure Law stipulates that there are two ways of prosecution: written prosecution and oral prosecution. Article 123 of the Civil Procedure Law stipulates: "A prosecution shall submit a complaint to the people's court. And submit one copy according to the number of defendants. " Only if it is really difficult to write a complaint can an oral prosecution be initiated. The people's court will record the oral statement of the plaintiff and inform the other party.
The indictment is the written basis for the plaintiff to bring a lawsuit to the people's court. According to the provisions of Article 124 of the Civil Procedure Law, the complaint shall contain the following items:
(1) The name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, the name and domicile of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person;
(2) Information such as the name, gender, work unit and domicile of the defendant, and information such as the name and domicile of the legal person or other organization;
(3) the request and the facts and reasons on which it is based;
(4) Evidence and its sources, names and residences of witnesses.
The civil procedure law stipulates the burden of proof of the plaintiff. Therefore, when writing a complaint, the plaintiff should provide evidence to prove his claim and the reasons for making such a request. If documentary evidence or material evidence is provided, it shall be submitted to the people's court together with the complaint. Where the testimony of a witness is provided, the address of the witness shall be stated so that the people's court can investigate and verify it. When the people's court records the plaintiff's oral complaint, it must inquire about the above contents one by one and record them in the record. If the people's court receives the civil complaint submitted by the parties and meets the conditions stipulated in the Civil Procedure Law, it shall register and file a case; If it is uncertain whether the conditions for prosecution are met on the spot, it shall receive the prosecution materials and issue a written certificate indicating the date of receipt. If it is necessary to supplement relevant materials, the people's court shall promptly inform the parties concerned. After completing the relevant materials, it shall decide whether to file a case within seven days.
Court prosecution fee
(1) Property cases shall be paid in installments according to the amount or price claimed in the lawsuit;
1, not exceeding 1 ten thousand yuan, and each piece shall be paid to 50 yuan;
2. 2.5% shall be paid for the part exceeding 1 10,000 yuan to 1 10,000 yuan;
3, 654.38+ 10,000 yuan to 200,000 yuan, according to 2%;
4. For the part exceeding 200,000 yuan to 500,000 yuan, pay by 1.5%;
5, more than 500 thousand yuan to 6.5438+0 million yuan, according to 654.38+0% payment;
6, more than 6.5438 million yuan to 2 million yuan, according to 0.9%;
7, more than 2 million yuan to 5 million yuan, according to 0.8% to pay;
8, more than 5 million yuan to 6.5438+million yuan, according to 0.7% to pay;
9, more than100000 yuan to 20 million yuan, pay by 0.6%;
10, if it exceeds 20 million yuan, it will be paid at 0.5%.
(2) Non-property cases shall be paid according to the following standards:
1. Divorce cases range from 50 yuan to 300 yuan. Involving the division of property, the total amount of property does not exceed 200 thousand yuan, no need to pay separately; The part exceeding 200,000 yuan shall be paid by 0.5%.
2. 500 yuan shall pay 100 yuan for each case that infringes on the right to name, name, portrait, reputation and honor. Involving damages and the amount of compensation does not exceed 50 thousand yuan, no additional compensation; The part exceeding 50,000 yuan to 6,543,800 yuan shall be paid according to 654.38+ 0%; The part exceeding 654.38+10,000 yuan shall be paid by 0.5%.
3. Pay 50 yuan to 100 yuan for each non-property case of the other party.
(3) In intellectual property civil cases, if there is no dispute about the amount or price, each piece shall be paid from 500 yuan to 1 1,000 yuan; The disputed amount or price shall be paid according to the standard of property cases.
(4) Payment for each labor dispute case 10 yuan.
(5) Administrative cases shall be paid according to the following standards:
1, trademark, patent and maritime administrative cases shall be paid respectively 100 yuan;
2, other administrative cases each pay 50 yuan.
(6) If the parties raise objections to the jurisdiction of the case, and the objections are not established, they shall pay 50 yuan to 100 yuan for each piece. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, according to local actual conditions, formulate specific payment standards within the scope specified in items (2), (3) and (6) of this article.
To sum up, this is Bian Xiao's answer to the process and cost of legal prosecution, hoping to help you.
legal ground
People's Republic of China (PRC) Civil Procedure Law
Article 17 The basic people's courts shall have jurisdiction over civil cases of first instance, except as otherwise provided by this Law.
Article 18 The Intermediate People's Court shall have jurisdiction over the following civil cases of first instance:
(1) Major foreign-related cases; (two) cases that have a significant impact in the region; (3) Cases determined by the Supreme People's Court to be under the jurisdiction of the Intermediate People's Court.
Article 119 A 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) Belonging to the scope of civil litigation accepted by the people's court and the jurisdiction of the sued people's court.