Action tips -- how to bring a lawsuit?

With the improvement of China's rule of law, legal education, "pick up the legal weapons to protect themselves" has become the common people for having heard it many times discourse. For some simple, small disputes, even without the knowledge of the law, without a lawyer to help, ordinary people can also "walked into the courtroom," through the judicial protection of their rights. Some matters need to pay attention to the prosecution.
(a) to determine the nature of the case
    Legal litigation of our country is divided into three kinds, respectively is: criminal litigation, civil litigation, administrative litigation. Main function of criminal litigation is the conviction and sentencing of the accused. The vast majority of China's criminal cases by the state is responsible for the investigation and prosecution, there are four kinds of criminal cases belong to the "Dear sue" category, also known as "private prosecution cases'", this kind of case: insult libel, violent crime, crime of abuse marriage, the crime of embezzlement, the victim can be directly to the court. The main role of civil procedure of handling the civil disputes, contract disputes, marriage and family disputes, labor disputes and other civil cases. Administrative litigation, is simply "mingaoguan", such as the parties that the improper administrative penalty, the administrative organ may make the specific administrative act of the defendant, bring an administrative lawsuit.
(two) specific defendant
   Find the defendant not so easy, imagination and, the defendant is not correct, the results are basically lost. How to correctly determine the defendant, first must be clear about what the defendant. The defendant is alleged to violate the civil rights, and civil rights and interests of the plaintiff or the dispute, and in accordance with the law by the people's court to the people.

(three) ready to prosecute materials
    The prosecution materials from the form that includes the indictment, the evidence material. The indictment has a specific format, can read some books to find the law. Of particular note is, write in the indictment, clear litigation request is very important, if you ignore the claims litigation request, relevant rights is not court protection. Evidence of civil litigation, criminal prosecution, mainly on the "who advocate who burden" principle, in general, as the plaintiff, the need to provide sufficient evidence to bear, or risk losing. But in administrative proceedings, the administrative subject the defendant to bear the burden of proof the main.

(four) determine the jurisdiction
It is to determine which court proceedings to appeal to you, you should which court to hear the case. According to China's judicial system, take the second instance as the final. The general simple civil or criminal private prosecution cases are comprised of the basic people's courts to hear. A trial to determine jurisdiction is the basic principle of "the plaintiff to the defendant", for example, lend you ten thousand yuan of money not also, are you ready to prosecute a, your home is a place in A County, and B County, then you should to B County filed suit, unless you have agreement or a in A County, temporary residence, and live for a full year, or you in A county has seized a property.

 Specific issues can be refer to "Civil Procedure Law" andThe Supreme People's Court on the application of the "PRC Civil Procedure Law" the views of a number of issues. Still do not understand can ask me through this blog.