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What kind of legal responsibility should SMS bear for insulting others?
SMS insults others to sue as follows:
1, the plaintiff sued the court;
2. After the court accepts the case, it shall serve the plaintiff with a notice of acceptance and a summons for opening the court session, and notify the defendant to pay the fees, and serve the defendant with a copy of the indictment, evidential materials and a summons for opening the court session. ;
3, the court hearing, mediation or judgment according to law;
4. If a party refuses to accept the judgment, he can appeal within 15 days, and the court at a higher level will try again and mediate or make a judgment;
5. If one party fails to perform the effective legal documents, the other party may apply to the court for enforcement.
The materials required to sue others are as follows:
1, civil complaint;
2, the main evidence materials directory and copy;
3. 1 Copy of the plaintiff's ID card and provide the original for inspection. If an agent represents the lawsuit, he shall submit a copy of his identity card and a copy of the relationship certificate with the plaintiff, and provide the original for inspection. If there is no identity card, other identification certificates shall be provided;
4. If the plaintiff is a legal person or other organization, it shall submit the approval certificate of industrial and commercial registration and other competent departments, the identity certificate of the legal representative issued by the unit, and specify the position of the legal representative and a copy of the legal representative's identity card;
5. If another person is entrusted with litigation, submit/kloc-0 copies of the power of attorney with clear authorization and the copy of the ID card of the trustee, and provide the original for inspection, the kinship certificate submitted by close relatives and the recommendation letter issued by grassroots organizations submitted by other natural persons;
6. If a lawyer is entrusted to represent the lawsuit, a clearly authorized power of attorney and a copy of the certificate, letter and lawyer's practice certificate of the entrusted law firm shall be submitted;
7. If a legal worker is entrusted to participate in the litigation, the certificate, letter and copy of the lawyer's practice certificate of the law firm shall be submitted, and the legal worker shall not practice beyond the scope of practice;
8. If the defendant is an organization, provide the defendant with basic business information.
To sum up, the parties can apply to the court for prosecution, and the court will review the prosecution materials to determine whether to accept them. After accepting them, the parties will be notified to hold a court session on time and make a judgment on the case.
Legal basis:
Article 126 of the Civil Procedure Law of People's Republic of China (PRC)
The people's court shall guarantee the right of prosecution enjoyed by the parties according to law. Litigation that conforms to the provisions of Article 122 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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