How to prosecute?


    1, the prosecution condition:

   According to the people's Republic of China civil procedure law the 108th regulation, the prosecution must meet the following conditions:
(a) the plaintiff is a citizen, legal person or other organization that has a direct interest in the case;
(two) a definite defendant;
(three) there are specific claims, facts, reasons;
(four) belonging to the people's court accepts a civil action range and governed by the people's Court of appeal.
   Specifically, you must have a direct stake and ready to prosecute cases, parties may bring a lawsuit. Secondly, you must also know clearly what to whom, and should also know the details. For example, the defendant is a citizen, should know that corresponds to the ID card name, home address, work units, contact telephone number and some basic situation, if the company is legal person units, we should first of all to the business sector query the company name and legal representative of the name, domicile, and the company the company's telephone number and other basic information. Only clear and clear grasp of these basic information, it has the basic conditions to court to file.
 Master these basic information, but also according to the specific circumstances of the facts of the case to make a qualified indictment, and put forward specific requirements, you are charged in the indictment. This is necessary for the court to hear a case.
    2, to which the court should prosecute?
 Before prosecution materials, first of all should be clear, which the court dispute on your case jurisdiction. According to the "Regulations of PRC Civil Procedure Law" article 2 Zhang Di 18 to 39, the relevant provisions on the jurisdiction of civil procedure law and related laws and regulations, judicial interpretation.
    A, in civil proceedings, the general principles of jurisdiction is "the plaintiff to the defendant". That is to say, general civil cases, is accepted by courts at the grassroots level, such as the place where the defendant has his domicile, live in Dongcheng District, you have to go to the Dongcheng District people's court.
    B, in the major cases involving foreign elements; to have a major impact on the areas under their jurisdiction or the Supreme People's court cases decided by the intermediate people's court cases under the jurisdiction. It should be the intermediate people's Court of the place where the prosecution in.
    C, in addition to the contract disputes, the parties can agree a way, determine the court dispute cases, of course, this agreement is subject to some constraints. According to the provisions of article 25 the "PRC Civil Procedure Law" article, the parties to a contract may specify in writing the contract choice at the domicile of the defendant, the contract jurisdiction, the contract is signed, the plaintiff's domicile, the subject matter of the people's court in the locality, but the agreement shall not violate the provisions of the law on jurisdiction by level and exclusive under the jurisdiction of the. Therefore, if the contract with the others, can according to these provisions of the law, the possible dispute agreed under the jurisdiction of the court. It can not only convenient procedure, reduce the cost of litigation, but also can effectively prevent local protectionism in some local court.
    D, the law also on matters under the jurisdiction of some specific action, made the following clear rules:
    Lawsuit brought on an insurance contract dispute, the defendant has his domicile or the subject matter of the insurance of the jurisdiction of a people's court
    A lawsuit brought on a bill dispute, payment or the jurisdiction of the people's court is composed of a bill.
 Railway, highway, filed due to water, air transport and combined transport contract dispute shall be under the jurisdiction of the litigation, transport origin, destination or the people's court at the domicile of the defendant.
    A lawsuit brought on a tortious act shall be under the jurisdiction of the infringement, or the people's Court of the place where.
    Because of railway, highway, water and air accidents damages lawsuit, by accident or vehicle, ship first arrived, the aircraft first landing jurisdiction at the place where the people's court.
    From ship collisions or other maritime accident damage lawsuit brought on claims for damages, the collision occurred, the collision between ship first arrived, injuring ship detained at the place where the people's court jurisdiction.         

    3, case to prepare what material?
    If you want to court, for filing procedures, need to prepare the following materials:
    A, the indictment
    The basic requirements of the indictment is the basic situation, both the plaintiff and the defendant real, concrete, clear, clear and legitimate claim. And should be concise statement of the facts of the case and the reasons for the prosecution in the complaint.
    A qualified indictment, is one of the most basic and important documents in the process of litigation. Because, according to the provisions of the relevant laws and regulations of our country, the principle of court in the trial of civil cases is "people do not sue, officials do not study" , court prosecution scope only the shape of request, the indictment did not mention the request, the court is not active trial. Therefore, the complaint is an important document to relieve the prosecution person rights and the delineation of the scope of the rights and interests of the plaintiff. However, because the legal relationship of each civil cases involving often perplexing, determine the legal nature of the prosecutor's legitimate rights and interests not only from the facts of the case, but also due to the different laws on the basis of the provisions vary. If a fatal mistakes indictment, so your legitimate rights and interests will be difficult to get the effective protection of law. Therefore, a high quality complaint, is the first step in Guan Jian you smooth action, but also the basis in accordance with the law to protect your legitimate rights and interests of the realization of the. Suggestions for prosecution, friends, or indictment on draft before consulting a professional lawyer, or call professional lawyers to you on behalf of the drafting.
    At the same time, in the complaint must leave their contact telephone number. If the citizen prosecution, shall be signed by the plaintiff indictment his autograph, if there is corporate units prosecution, shall affix the official seal of the company.
    Submission of the complaint to the court should be the number of copies, according to the number of defendants in a complaint with the number of ready for. For example, you can sue the defendant is two people then you must submit three copies of the prosecution to the court.
   B, proof of identity
    Handle the filing procedures, should also provide proof of identity materials prosecution to the court, the prosecutor if individual citizens, shall provide the accused person's identity card or other proof of identity documents to the court. The prosecution if the company is a legal person, legal person or other organization shall provide certificates or documents to the court, and the legal representative or the person in charge.
    At the same time, if you sue the defendant is the corporate or other entities, according to the general requirements of the court now, you still have to provide in the administrative department for related (should corporate units is the administrative department for Industry and Commerce of the place of domicile) prove the basic situation of the query.
    C, the evidence material
    Handle the filing procedures, must also provide evidence and materials related to the case, and the production of evidence list, all the evidence materials shall be compiled and evidence page number.
    D, and other materials related to the case. (such as labor dispute cases, the court shall provide the arbitration award and other materials)