In the civil procedure prosecution, is refers to the citizen, legal person or other organization, that he enjoyed or dominant, their management according to law by the civil rights are infringed, or civil rights disputes with others, in their own name to request the court to give our through trial litigation law.
According to the "Civil Procedure Law" in article 108th, the prosecution must meet the following 4 conditions:
First, the plaintiff must be a citizen, legal person or other organization that has a direct interest in the case.The so-called "direct interest relationship with the case", refers to the prosecution case litigation directly interested, or simply speaking, refers to the citizens, legal persons or other organizations of property rights or personal rights or other rights and interests directly by other violations or directly with the occurrence of the rights, obligations ownership dispute.
Second, there are definite defendant.The so-called "a definite defendant", refers to the prosecution must be clear who is accused, also is to determine who violated his civil rights, and civil rights and interests or who he disputes.Only the clear, litigation can set up.But the point is clear, the law requires a definite defendant, focus on the "a" word, regardless of whether the defendant "legitimate", that is to say even if the parties to the wrong person, the wrong defendant, established does not preclude litigation.
Third, there are specific claims, facts, reasons.There are specific litigation request, the content and the scope is refers to the people's court confirmation or the protection of civil rights shall be clear, specific, request the people's court to protect what, what, what to pay against, should be clear, clear, do not allow vague, ready to accept either course, otherwise, the people's court to determine the object and scope of judicial protection, method to provide judicial protection.The facts and reasons is that the plaintiff must apply to the people's court statement "facts" and "evidence" as well as reasons to support the claim.The law requires the plaintiff to hold the fact that there is reason, requires the plaintiff, the civil legal relationship development, change, destroy and point of view, the reason, and provide relevant evidence.As for the point of view is correct, the reasons is sufficient, whether the evidence is conclusive, the court in the prosecution stage ask.
Fourth, belonging to the people's court accepts a civil action range and governed by the people's Court of appeal.The plaintiff's case should belong to the scope of mediation in civil proceedings, that is to say, the people's court shall belong to the competent people's court according to law, have the right to trial to the case.And should by internal disputes handling administrative organs or enterprises do not belong to the jurisdiction of a people's court.
The above four conditions must be met, which must have the proper plaintiff, in the complaint that accuses is who, what, according to the request to resolve problems, what reason is there are several, but also must belong to the people's court in charge of civil litigation, which belongs to the scope of.The four only available at the same time, the prosecution can be set up, such as the lack of it, is not set v..