With the growing legal awareness of society, it has become increasingly common for disputes to be brought before the courts. Prosecuting is the first step in opening proceedings and its importance cannot be overstated. This paper summarizes, for your information, the common issues of civil litigation。
What are the requirements for prosecution
Prosecution must meet the following conditions:
(i) the plaintiff was a citizen, a legal person and other organizations with a direct interest in the case
The subject of the plaintiff is fit. The plaintiff must be a citizen, a legal person or other organization with legal capacity and interest in the case. If the plaintiff's action does not meet the requirements for such an action, the people's court will either dismiss the case or dismiss the action。
(ii) clear accused
The defendant was specific. The plaintiff provided information such as the name or name of the defendant, residence, etc., which was specific and uniquely directed, sufficient to distinguish the defendant from others。
(iii) specific claims and facts, reasons
The scope of the application, which the plaintiff requested the people's court to resolve, should be clear and specific。
(iv) the scope of civil proceedings before the people's courts and the jurisdiction of the people's courts against them
The claim shall be a matter for consideration by the people's court, including proceedings between citizens, legal persons or other organizations arising from property and personal relations, and shall be subject to jurisdictional requirements, including hierarchy, territorial jurisdiction, exclusive jurisdiction, etc。
What materials are required for the prosecution
Indictments, identification, evidentiary material, etc。
3 what are the concerns regarding the indictment
The indictment shall record:
(i) name, sex, age, nationality, occupation, workplace, domicile, contact information, name of legal person or other organization, domicile and legal representative or principal responsible person
(ii) information on the name of the defendant, gender, workplace, residence, legal person or other organization, residence, etc.
(c) the claim and the facts and grounds on which it is based
(iv) evidence and sources of evidence, name and residence of witnesses。
The indictment is set aside in three parts, consisting of the court against which the complaint was brought, the person against whom it was filed. The name, personal signature or stamp of the court against which the action was brought (the official seal of the legal person or other organization) shall be given at the deposit point and dated。
In the case of the notification of the supreme people's court, the ministry of justice and the national bar association of china concerning the publication of a model reply in selected cases (fl [2025) the 33 most common types of public commercial litigation, such as divorce disputes, sales contract disputes, etc., in the act (no. 82) can be filled in by an elemental indictment, which accurately and comprehensively reflects the claim by means of a check-out, filling-out, etc. (model versions of the elemental indictments can be downloaded from the people's court online service minor or made available at the site of the court litigation service centre)
4 what are the concerns regarding identification materials
The plaintiff is a natural person and is required to provide a copy of the identity card corresponding to the original; the plaintiff is a legal person or other organization and is required to provide a copy of the licence with a stamp, a certificate of identity of the legal representative (head) and a copy of the legal representative (head)。
If the defendant is a natural person, provide as much as possible a copy of the defendant's identity card or a certificate of civil status issued by the public security authorities, and if this is not possible, at least the name, sex, address, etc. Of the defendant is sufficient to distinguish the defendant from another person; if the defendant is a legal person or another organization, he or she must provide business registration information, which can be searched through channels such as the national credit information system。
5 what material is required to commission proceedings on behalf of others
In the case of the commissioning of an agent, the commissioning of the agent is required。
Lawyers and legal workers at the grass-roots level shall submit clear letters of authority, a copy of a lawyer's certificate of practice or of a lawyer's certificate of practice, a letter from a law firm or a letter from a law service at the grass-roots level; close relatives shall submit clear letters of authority, proof of close ties to their client (e. G., household register, documents issued by a village council, residential council or public security police station), copies of trustee's identity documents; staff at the client's office shall provide a power of attorney with a stamp, a copy of a trustee's identity card, a certificate of legal labour personnel relationship with the client (labour contract or social security contribution certificate); citizens of the community in which the client is entrusted, a unit and a proposed citizen of the relevant social group shall submit a copy of the reference document and of the documents of the client belonging to the community, unit, a trustee's identity card。
6 what evidentiary material is required
Evidence of the existence of a legal relationship, evidence of the facts of the case, evidence of the consequences of the loss or damage, etc. Shall be submitted in the case. It is sufficient to submit a copy of the case at the time of its opening, and in the event of a greater amount of evidentiary material, it is recommended that a catalogue of evidence be submitted together with the page numbers and serial numbers of the evidence。
7 what are the avenues for filing a case
(i) online filing: online filing is one of the most convenient ways of establishing cases quickly. Through the people's court online service network, the people's court online service micro-intelligence program, the parties or litigants can file an application for the filing of a case with the court against which the complaint is brought, by completing the completion of the contents and the uploading of materials in accordance with the operational guidelines。
(ii) on-site filing: the parties or litigants prepare the case file, go to the court's litigation service centre and submit the case-related material on site, and the filing staff review the conditions for filing the case。
(iii) posting of cases: documents may be sent to the court if they are not easy to process online. Be careful when sending mail: as far as possible, select an ems delivery, indicate the receiving unit and the name and quantity of the material on the manifest, and indicate the contact information in the case file。
8. How long will a case be opened in court
The court will decide whether to open a case within seven days. If the conditions for the filing of a case are met, the case is registered; if the file does not meet the requirements, the content and duration of the one-time notification requires correction; if the conditions for filing a complaint are not met or if the action is still completed, the plaintiff insists on filing the complaint and finds it inadmissible in accordance with the law。
9 how to pay for the proceedings
Upon receipt of the notice of costs of proceedings from the court, the party shall pay the costs of the proceedings by any of the forms listed in the notice of fees within seven days of receipt。
In the case of the jenan central court, the costs of the proceedings are as follows:
1. 35 non-tax bank outlets in the province (excluding the aoshima region)
Two-dimensional code in scanned notice of contribution
On-line, access to fees for the people's court online service network
“shangdong government service network”, click on “shangdong province non-tax income collection platform” to record 20 contributions code
“shandong finance” micro-communication, entry for “micro-services”, “non-tax contributions”, “by contribution code”, entry of 20 contributions code
10. How do we track the progress of cases
(i) 12368 litigation hotline
The 12368 complaints service line is the judicial information service number established by the supreme people's court and used throughout the national court system。
(ii) online search
If the case is submitted through the people's court online service network or the people's court online service micro-intelligence applet, the case may be accessed on the litigation service platform。
(iii) underline queries
To visit the court's litigation service centre at the court's tribune, with the assistance of court staff, to look into recent developments in cases。
(author: yanming, jiannan central court, assistant judge at level 3 llm)
