How to handle civil cases of prosecution and admissibility?

   (a) the prosecution must meet the following conditions: (1) the plaintiff is a citizen, legal person or other organization that has a direct interest in the case; (2) a definite defendant; (3) a specific claims, facts, reasons; (4) belonging to the people's court proceedings scope and the people's court jurisdiction v..

(two) special provisions to prosecute: (1) the labor dispute cases, shall be submitted to arbitration agency Bureau of labor arbitration decision. (2) shall be charged a certain period of time case. The judgment does not divorce mediation of divorce cases, adoption cases settled through mediation, the parties to withdraw and or by withdrawing treatment of divorce cases, no new facts, new reasons, within six months after the prosecution case, the people's court shall not accept the.

(three) the prosecution shall be submitted to the people's court indictment, and puts forward the copies according to the number of defendants, but the parties have insults and personal attacks. In the complaint, service of copy may cause the intensification of contradictions, is not conducive to the settlement of the case, the people's court shall persuade seeking truth from facts is to modify the. If the plaintiff is difficult, can be oral proceedings, the people's court shall record, and inform the other party.

(four) the complaint shall specify the following items: (1) the name, gender, age, nationality, occupation, work unit and home address, name, address of the person or other organization and the legal representative or principal responsible person names, duties; (2) action request and the facts and reason; (3) the evidence and its source, the name and address of the witness.

(five) the plaintiff should be paying the fee for accepting the case, shall pay without pay, the people's court shall notify the advance notification is not paid, or apply for reduction, slowly, without the approval of the people's court free without advance, ruling according to the automatic withdrawal.

   (six) the people's court in civil prosecution case how to review? The people's court in accordance with this law must accept 108th prosecution, prosecution; on the following, respectively, to deal with: (1) in accordance with the provisions of the administrative litigation law, belongs to the scope of accepting cases of administrative litigation, inform the plaintiff bring an administrative lawsuit; (2) in accordance with the law, the parties to the contract dispute voluntarily reach a written arbitration the agreement shall not apply to an arbitration institution for arbitration, the people's court, notify the plaintiff to an arbitration institution for arbitration; (3) in accordance with the law, shall be dealt with by other organs of the dispute, notify the plaintiff to relevant for settlement; (4) to the case does not fall under its jurisdiction, the people's court to inform the plaintiff jurisdiction over the lawsuit; (5) the judgment, ruling has already become legally effective case, the prosecution, notify the plaintiff to appeal, but the court ruling in addition to allow withdrawal; (6) in accordance with the law, shall not be prosecuted the case within a certain period of time, the prosecution may not be filed within the time limit at, is inadmissible; (7) the judgment does not divorce mediation of divorce cases, judgment, adoption cases settled through mediation, no The new situation and new reasons, a plaintiff in a suit again within six months, will not be accepted.

The prosecution case which dealt with the necessary

   (a) in accordance with the provisions of the administrative litigation law, belongs to the scope of accepting cases of administrative litigation, inform the plaintiff to file an administrative

Litigation;

(two) in accordance with the law, the parties to the contract dispute voluntarily reach a written agreement on arbitration to the arbitration machine

The application for arbitration, or to the people's court, notify the plaintiff to the arbitration institution for arbitration;

(three) in accordance with the law, shall be dealt with by other organs of the dispute, notify the plaintiff to apply to the relevant authorities

Solve.

(four) do not belong to the jurisdiction of the case, the people's court to inform the plaintiff to have jurisdiction over the lawsuit;

(five) the judgment, ruling has already become legally effective case, the prosecution, inform the plaintiff at

According to appeal, but the people's court to withdraw the order except;

(six) in accordance with the law, shall not be prosecuted the case within a certain period of time, in may not be filed within a period from

The lawsuit, will not be accepted;

(seven) the judgment does not divorce mediation of divorce cases, judgment, adoption cases settled through mediation

, no new cases, new reasons, a plaintiff in a suit again within six months, will not be accepted.

To determine the civil prosecution evidence

   The Supreme People's court "several regulations about the civil action evidence" the first stipulation: the plaintiff to the people's court or the defendant files a counterclaim, shall be accompanied by a corresponding evidence consistent with the conditions of prosecution. At present, the "material evidence, what are the differences of corresponding material evidence" in line with the conditions for prosecution. The main academic point of view is, according to the "four charges under the PRC Civil Procedure Law" provisions of article 108th, on the court in case only the parties should submit evidence of compliance with conditions for examination and prosecution, and shall not require the parties to court in the case when all the evidence of a case.

 The author thinks that in accordance with the law, fairness, honesty and credit principle, combined with China's civil subject cognitive ability on the purpose of litigation, the prosecution evidence review should varies from case to case, when necessary, range of response "in line with the conditions for prosecution evidence" to expand. For example, some said in the complaint or claim no written evidence, written evidence provided preliminary evidence of the other party clues in hand or, in this case the plaintiff if not to provide the corresponding evidence materials, it is difficult, the court should try to make the civil right of prosecution is guaranteed, the civil procedure to start. But if according to the original asked can infer the relevant evidence (mainly prevailing evidence), should inform its supplementary evidence, evidence before receiving payment, as if there is no prosecution, if the refusal to pay can be ruled inadmissible.

 The judicial dissolution of the company as an example. The new company law provisions of article 183rd of the shareholder may request the court to dissolve the company, has established the system of judicial dissolution of a company, and enumerates the legal reasons for dissolution of the company the right to request the shareholders. But the trial practice of the article "cannot be solved by any other means," if the laws on the pre procedure of judicial dissolution of the company are set to have a different understanding of. One view is that: the new company law 183rd stipulation "can not solved through other channels" is a legal set of litigation. Another view: the legal scope for "other ways" is not clearly defined, and the case review cannot make accurate judgment, the plaintiff shareholders can not provide "solve" the evidence through other channels can not, still enjoy the right of prosecution, trial can be dismissed the action request.

 The author thinks, the new company law, not to mention the 183rd judicial dissolution of the company claim stipulated the pre procedure, and in accordance with the grammatical structure of the new company law article 183rd ", cannot be solved by any other means" is the company judicial dissolution of four parallel to one of the scope of review, are entities, no separate. Therefore, the preceding procedure do not seem consistent with language practice, there is no legal basis. But because of high cost of company dissolution, the dissolution of the company very huge impact on the society, so the dissolution of a company should be to shareholders last remedy measures. Shareholders before the lodge a company dissolution lawsuit, should take other remedies used as the premise, in the company of self relief, administrative, arbitration and other means have been unable to resolve the deadlock, can lodge a company dissolution suit. Therefore, this kind of lawsuit filed in a shareholder, can infer the suing shareholders have the exhaustion of internal remedies shall be submitted, in case of exhaustion of internal remedies have evidence of such as have asked: first, the transfer of ownership, and proposed revocation of shareholders (large) or the board of directors resolution action or invalid affirmation litigation, evidence acquisition of shares and other aspects of the request of the company,