What procedures do you need to go through if you want to sue in court?

Prosecution refers to the litigation behavior that citizens, legal persons and other organizations claim that their civil rights and interests managed and controlled according to law are infringed or have disputes with others, and request the people's court to protect them according to law through trial in their own name. In layman's terms, it is "litigation." People's life can't be smooth sailing, there will always be unsatisfactory things, and some frictions and contradictions with people around them are inevitable. People in China often say "roll with the punches". It is the best way to "reduce" or "melt" disputes through equal consultation, and no one will hurt harmony. Therefore, litigation is not necessarily the best choice for you to solve disputes, and we do not encourage the parties to submit all disputes to the court for settlement. However, if the dispute is beyond negotiation, you should bravely walk into the court and safeguard your legitimate rights and interests through litigation. Due to their ignorance of the law and litigation procedures, many parties who go to court to "litigate" have a feeling of being at a loss and think that litigating is "troublesome". In fact, through the following understanding, you will find that "going to court" is not unfathomable, and you can do it in one step to avoid "wasting money and running the wrong way".

To "go to court", we must first talk about the litigation system in China. Civil procedure law, administrative procedure law and criminal procedure law constitute the main parts of China's litigation system. Simply put, the civil procedure law applies to "people suing people", the administrative procedure law applies to "people suing officials" and the criminal procedure law applies to criminal cases. Among them, the principle of "people suing people", "people suing officials" and some criminal private prosecution cases is "don't sue and ignore", that is to say, when your rights and interests are infringed, you must sue and the court will handle it. In criminal proceedings, procuratorial organs prosecute criminal suspects on behalf of the state. In some cases stipulated by law, individual citizens can also prosecute criminal suspects themselves. It can be seen that civil litigation and administrative litigation are closely related to ordinary people. Let me tell you about the basic matters that should be paid attention to in these two kinds of prosecutions.

First, according to the law of our country, the request for "litigation" should not exceed a certain period, that is, it should be claimed within the limitation of prosecution or litigation. Otherwise, even if you are more reasonable, the court can't make a ruling in your favor. Generally, the limitation of civil action is two years, but there are some special limitations. The limitation period for prosecution of administrative cases is three months from the date when the administrative organ knows or should know that it has made a specific administrative act. For example, if you are punished by the authorities on July 5, you should file an administrative lawsuit with the court before 65438+1October 5. Otherwise, you will lose the right to appeal within the time limit, and the people's court will rule that the overdue lawsuit will not be accepted. If it is found that the time limit for prosecution has expired after acceptance and review, the prosecution will be rejected.

Two, the plaintiff is a citizen, a legal person or any other organization that has a direct interest in the case or that a specific administrative act infringes upon their legitimate rights and interests.

Third, there are clear defendants.

Four, there are specific claims and facts and reasons. For example, you ask the person who owes money to pay back the money, ask the person who hurt you to compensate for the medical expenses, or ask the administrative organ to change its punishment decision. Facts are the brief process of disputes, and the reasons are the laws, regulations and factual basis that support your litigation request.

Five, the case belongs to the jurisdiction of the people's court.

The jurisdiction of the court over various cases is a complex issue, which many people are not familiar with. Let me introduce the court and case jurisdiction first. First of all, the court's jurisdiction over cases must follow certain geographical principles. Civil cases are generally under the jurisdiction of the court of the defendant's domicile, but there are many other special circumstances. The parties may also refer to the relevant provisions of Section 2 of Chapter 2 of the Civil Procedure Law. The geographical jurisdiction of administrative cases is relatively simple, and administrative cases are under the jurisdiction of the court where the specific administrative act was first made and the administrative organ is located; If the reconsideration changes the original administrative act, it may also be under the jurisdiction of the court where the reconsideration organ is located; Litigation on restriction of personal freedom and administrative measures may be under the jurisdiction of the court where the original defendant is located; A lawsuit brought for real estate shall be under the jurisdiction of the court where the real estate is located. Secondly, the court's jurisdiction over cases should also follow the provisions of hierarchical jurisdiction. For the scope of cases under the jurisdiction of our hospital, please refer to the introduction of the scope of cases accepted by the filing court.

Six, shall submit a complaint to the court and the corresponding evidence.

(1) Complaint

The indictment is in a very important position in the lawsuit. It is the first material that the judge came into contact with to reflect the case, and it is also the basis for the defendant to defend. The indictment has no strict format, as long as it contains four parts: the basic situation of the parties, the claim, the facts and the reasons. If the party concerned is a citizen, the basic information shall indicate the name, gender, age, address and telephone number of the original defendant; If the party is a unit, it shall specify the name, address, telephone number, legal representative or person in charge of the unit, and other points that can identify its identity. Litigation request is the axis of the whole litigation activity, and the judge's trial activity is carried out around the specific matters of litigation request. The court will not hear the request that is not mentioned. Therefore, the litigation request should be complete, clear and specific, and the request should not be omitted. For example, in a loan dispute, your claim should be "requesting the defendant to return the principal and interest of the loan". If you don't consider "interest", you may only get the protection of the principal. The facts should be concise and to the point, and the reasons in the complaint should be clearly and fully written. At the end of the appeal, you must personally sign or affix your official seal. The complaint can be submitted to the filing officer of the filing court in person or by an agent. A copy of the indictment shall be submitted according to the number of the other parties. If the entrusted agent submits it, it shall also submit a power of attorney signed or sealed by the principal, which shall prove the entrusted matters and authority. If the client is a lawyer, he shall provide the official letter from the law firm to the court and the lawyer's practice certificate.

(2) Requirements for proof.

1, the parties shall provide the following evidence:

(1) Evidence to prove the occurrence, alteration and extinction of civil legal relationship and evidence to determine the amount of creditor's rights and debts, such as contracts, agreements, creditor's rights documents (IOUs, IOUs, etc.). ), send and receive vouchers, letters, etc.

Administrative cases shall be submitted to the decision of the administrative organ, the decision on punishment, the reconsideration decision of the administrative reconsideration organ, the process evidence of the administrative act, and the evidence to prove the date of receipt of the above decision.

(2) Evidence to prove the qualification of the parties: the original and photocopy of the resident ID card, household registration book, passport, home visit permit for Hong Kong and Macao compatriots, marriage certificate and other materials to prove the qualification of the parties; If an enterprise is the subject of litigation, it shall submit the original and photocopy of the business license or industrial and commercial registration certificate; A public institution shall submit its legal person code certificate; Banks and non-bank financial institutions must also provide their financial licenses.

(three) the legal basis to support their claims.

(4) Other evidence that the parties should provide.

2, foreign, Hong Kong, Macao and Taiwan parties to submit litigation materials to the court for notarization, certification and other certification procedures mainly include:

(1) Nationality, identity and qualification certificate used to determine the qualification of the parties. Including passports. Copy of resident identity card, legal person qualification certificate and legal representative's identity certificate (provided by the plaintiff when suing).

(2) The document that entrusts an agent ad litem or an agent ad litem generally refers to the power of attorney.

(3) The collegial panel thinks that the main litigation evidence that needs to go through the authentication procedures to confirm the facts of the case generally includes the testimony of overseas witnesses, the case statements of the parties, documentary evidence (such as contracts, property rights certificates, creditor's rights documents, etc.). ), and documents registered by relevant foreign government agencies (such as hospital birth certificate, marriage certificate, death certificate of the deceased, etc.). ).

3, the evidence is divided into documentary evidence, physical evidence, witness testimony, audio-visual materials, statements by the parties, expert conclusions, inspection records. Documentary evidence and material evidence shall be submitted in originals. Original, if it is really difficult to submit the original and the original, you can submit copies (photocopies), photos, photocopies and excerpts, but it should be checked with the original and the original. Foreign documentary evidence must be accompanied by a Chinese translation translated by a notary office or other relevant departments.

4. The parties shall provide evidence objectively and comprehensively, and shall not forge or destroy evidence.

Seven, the filing court in the parties to perform the necessary procedures and submit relevant evidence materials, within seven days, to meet the conditions for filing, filing procedures; Those who do not meet the conditions for filing a case shall be ruled (or notified) not to be accepted according to law. If you are not satisfied, you can appeal (or apply for reconsideration).

Eight, within seven days from the date of receiving the acceptance notice, you should pay the case acceptance fee and other litigation fees in advance. If there are real difficulties, a written application for reduction, deferment or exemption may be submitted to the court accepting the case, with reasons and relevant evidence attached. If the payment is not made within the time limit or the written application is not approved, the court will decide to withdraw the lawsuit automatically.