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How to write an indictment before sending it to the court? What is the procedure?
Legal analysis
According to the provisions of the Civil Procedure Law, the court shall decide whether to file a case within 7 days after receiving the complaint. However, it is understood that the actual practice of the court now is that after receiving the complaint from the parties, it will make a decision on whether to file a case on the spot. If the court receives the complaint from the parties, it will give them a receipt to pay the acceptance fee, indicating that they have accepted the case of the parties, and the parties will go home and wait for the court session. If a party's complaint is not accepted, the party will generally be informed of the reasons for not accepting it. If a party refuses to accept it, he may appeal to the people's court at the next higher level according to the ruling of inadmissibility. When the indictment is sent to the court, it will be decided whether to accept it on the spot. There are filing notices, rejection notices, and rejection notices. The parties may inquire about the filing of the case, and the parties who fail to file the case may report to the court for consultation and supervision. The conditions for bringing a civil lawsuit are: 1, and the plaintiff is a citizen, legal person and other organization with direct interest in this case; 2. There is a clear defendant; 3, there are specific claims and facts and reasons; 4. It belongs to the scope and jurisdiction of the people's court to accept civil litigation.
legal ground
Article 123 of the Civil Procedure Law of People's Republic of China (PRC) The people's court shall protect the litigation rights of the parties according to law. A lawsuit that conforms to Article 119 of this Law must be accepted. Those who meet the conditions for prosecution shall file a case within seven days and notify the parties concerned; If it does not meet the conditions for prosecution, it shall make a ruling within seven days and refuse to accept it; If the plaintiff refuses to accept the ruling, he can appeal.
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