What is the prosecution procedure? Now it is a civilized and legal world. Everyone needs to obey the law and be a qualified citizen. At the same time, we should learn to use legal weapons to safeguard our rights and interests and protect ourselves. What is the following shared prosecution procedure?

What is the procedure for prosecution? 1 What is the procedure for bringing a lawsuit to the court?

Prosecution and acceptance procedures of civil litigation

First, the following conditions must be met:

1. The plaintiff is a citizen, legal person and other organization that has a 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.

Two, the plaintiff shall submit materials to the court:

1, file a complaint and submit a copy according to the number of defendants; The indictment must be signed by the plaintiff (the plaintiff is a natural person) or sealed (the plaintiff is a legal person or other organization). If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.

Note: The complaint shall contain the following items:

1) The name, sex, age, nationality, occupation, work unit, domicile and telephone number of the party concerned, the name, domicile and telephone number of the legal person or other organization, and the name and position of the legal representative or principal responsible person;

2) the request and the facts and reasons on which it is based;

3) Evidence and sources, names and residences of witnesses.

2. Written evidence related to the alleged facts (including other forms of evidence);

3. If the plaintiff is a natural person, submit his household registration and identification materials; If the plaintiff and the defendant are legal persons or other organizations, they shall submit their industrial and commercial registration materials or business licenses and identity certificates of their legal representatives respectively.

Three, the court's handling of the case:

1. In accordance with the provisions of the Administrative Procedure Law, if it falls within the scope of accepting cases in administrative litigation, inform the plaintiff to file an administrative lawsuit;

2. In accordance with the law, both parties voluntarily reach a written arbitration agreement on contract disputes and apply to an arbitration institution for arbitration. If they cannot bring a suit in a people's court, they shall inform the personnel to apply to an arbitration institution for arbitration;

3. If it should be handled by other authorities according to law, inform the plaintiff to apply to the relevant authorities for settlement;

4. Inform the plaintiff to bring a lawsuit to the people's court with jurisdiction for cases that are not under the jurisdiction of our court;

5. If a party brings a lawsuit with a legally effective judgment or ruling, it shall inform the plaintiff to handle it according to the complaint, except that the people's court decides to allow the withdrawal of the lawsuit;

6. According to the law, a case that cannot be prosecuted within a certain period of time shall not be accepted if it is prosecuted within the period of non-prosecution;

7. Divorce and mediation are not allowed, and cases of maintaining adoption through judgment or mediation are not accepted. If the plaintiff brings a lawsuit within 6 months without new circumstances or new reasons, it will not be accepted.

IV. Complaints received by the court:

1. If the people's court finds that the plaintiff has no main evidence to prove his claim, it shall promptly notify him of the supplementary evidence. The time for accepting the complaint shall be counted from the date when the parties submit relevant evidence.

2. If the plaintiff insists on prosecution after examination and does not meet the statutory acceptance conditions, the court will rule that it will not be accepted within 7 days; If the plaintiff refuses to accept the ruling, he can appeal.

3. If the case meets the conditions for acceptance of prosecution after examination, the judge in charge of examination and prosecution shall decide to file a case or report it to the president for approval according to the different circumstances of the case. Major and difficult cases shall be reported to the president for approval or discussed and decided by the judicial Committee.

4. After the prosecution has been examined and decided to file a case, the court shall file a case within 7 days: compile the case number, fill in the registration form, calculate the case acceptance fee, send a case acceptance notice to the plaintiff, and notify the plaintiff in writing to pay the case acceptance fee in advance.

5. After the filing court decides to file a case, it will transfer the case to the relevant court for trial and transfer within two working days.

Go ahead and indicate the handover date. The date of acceptance or registration after examination is the date of application.

Prosecution and acceptance procedures of administrative litigation

1. The people's court accepts the lawsuits brought by citizens, legal persons and other organizations against the following specific administrative acts:

1, refusing to accept the punishment of detention, fine, revocation of license and license, ordering to stop production and business, confiscation of property, etc. ;

2, restrict personal freedom or take compulsory measures such as seizure, seizure and freezing;

3, that the administrative organ violates the law of enterprise autonomy;

4, that meet the statutory conditions for the administrative organ to issue permits and licenses, the administrative organ refuses to issue or does not reply;

5, apply to the administrative organ to perform the statutory duties of protecting personal rights and property rights, and the administrative organ refuses to perform or refuses to reply;

6, that the administrative organ fails to issue pensions according to law `;

7, that the administrative organ requires it to fulfill its obligations in violation of the law;

8, that administrative organs infringe upon other personal rights and property rights.

Two, the people's court shall not accept the lawsuit filed by citizens, legal persons or other organizations on the following matters:

1, national defense, foreign affairs and other state acts;

2 administrative regulations, rules or decisions and orders with universal binding force formulated and issued by administrative organs;

3. Decisions on rewards and punishments, appointment and dismissal of staff of administrative organs;

4, the specific administrative act that the law provides for the final ruling by the administrative organ;

5, public security, national security and other organs in accordance with the criminal procedure law explicitly authorized the implementation of the act;

6. Mediation and arbitration provided by law;

7, there is no mandatory administrative guidance behavior;

8. Refuse to deal with the complaints made by the parties to the administrative act repeatedly;

9. Acts that have no actual impact on the rights and obligations of citizens, legal persons or other organizations.

Third, the conditions that must be met:

1. Citizens, legal persons or other organizations that the plaintiff considers that the specific administrative act infringes upon their legitimate rights and interests;

2. There is a clear defendant;

3, there are specific claims and factual basis;

4, belong to the jurisdiction of the people's court and the jurisdiction of the people's court.

Four, written materials should be submitted with reference to civil litigation.

Verb (abbreviation of verb) After the court receives the indictment,

After examination, the case shall be filed within 7 days or a ruling of inadmissibility shall be made. If the plaintiff refuses to accept the ruling, he can appeal.

Prosecution and acceptance procedure of criminal private prosecution

First, the conditions that must be met:

1, telling to handle the case;

There are five situations: "insulting cases" (except those that seriously endanger social order and national interests); "Defamation cases" (except those that seriously endanger social order and national interests); "Violence interferes with freedom of marriage"; "Cases of abuse"; Misappropriation of public funds.

2. The victim has evidence to prove a minor criminal case;

A total of eight items: 1), "intentional injury case (minor injury)"; 2), "bigamy case"; 3), "abandoning the case"; 4), "case of obstructing freedom of communication"; 5), "illegal intrusion into other people's homes"; 6) "Case of producing and selling fake and inferior commodities" (except those that seriously endanger social order and national interests); 7) Cases of infringement of intellectual property rights (except those that seriously endanger social order and national interests); 8), which belongs to Chapter IV and Chapter V of the Specific Provisions of the Criminal Law, the defendant may be sentenced to fixed-term imprisonment of not more than three years.

3. Cases in which the victim has evidence to prove that the defendant has violated his personal and property rights and should be investigated for criminal responsibility according to law, but the public security organ or the people's procuratorate will not investigate the criminal responsibility of the defendant.

4. Belonging to the jurisdiction of our hospital;

5, by the victims of criminal cases; (Note)

6, a clear defendant, specific claims and evidence that can prove the defendant's criminal facts.

Note: If the victim dies, loses his capacity for civil conduct, cannot be identified due to coercion or intimidation, or the person with limited capacity cannot be identified in person due to old age, illness, blindness, deafness or dumb, and his legal representative or close relatives identify him on his behalf, the people's court shall accept the case according to law.

If the victim is unable to inform the victim because of the reasons specified in the preceding paragraph, and his legal representative or close relatives inform him on his behalf, the informant shall provide proof of the relationship with the victim and the reasons why the victim cannot inform him in person.

Two, the people's court after examination in any of the following circumstances, it shall persuade the private prosecutor to withdraw the prosecution, or order to dismiss the prosecution:

1, which does not meet the above 1-3 condition;

2. Insufficient evidence;

3, the crime has passed the limitation period;

4. The defendant died;

5. The defendant's whereabouts are unknown;

6, except for the lack of evidence to withdraw the case, the private prosecutor told the same fact after withdrawing the case;

7. After the people's court closed the case through mediation, the private prosecutor repented and told the same fact again.

Three, the private prosecutor shall submit a criminal private prosecution to the people's court:

1. If it is really difficult to write a private prosecution, you can inform it orally, and the staff of the people's court will make a record, read it out to the private prosecutor and confirm it.

After it is correct, it shall be signed or sealed. If there are more than two defendants, the private prosecutor shall provide a copy of the private prosecution according to the number of defendants when informing.

2. Contents:

1), the names, gender, age, nationality, native place, education level, occupation, work unit, address and telephone number of the private prosecutor, defendant and agent;

2) The time, place, means, circumstances and harmful consequences of the defendant's criminal act;

3) Specific claims;

4), the name of the people's court and the time of presentation;

5), the name and address of the witness and the name and source of other evidence.

Four, the people's court shall, within fifteen days from the second day after receiving the private prosecution or oral notice, make a decision on whether to file a case, and notify the private prosecutor in writing or tell the person who initiated the prosecution.

What is the prosecution procedure? 2. The process of self-prosecution.

First, the required materials

(1) indictment: As the first material of prosecution, it is essential to explain the situation and express the demands. Friends with a certain legal background can refer to other people's indictment templates online and write them themselves, or they can find a lawyer to write them for them. An indictment with clear logic and clear facts and demands can save a lot of trouble for future court decisions.

(2) Evidence materials: Relevant evidence is essential when going to court for litigation. The specific evidence required includes: a copy of my ID card, information materials of the other party, and evidence materials that can prove the creditor's rights relationship between the plaintiff and the defendant (such as contracts, IOUs, receipts, IOUs, etc.). ), as well as the evidence that the other party fails to perform the debt within the time limit and still fails to pay back the money after the dunning (such as the chat screenshot of the agreed repayment period, the screenshot of the dunning chat, etc.). ).

Need to be reminded that even if you don't find relevant evidence, don't forge it. Providing forged and deceptive materials requires legal responsibility.

Second, the file format

(1) The indictment and evidence materials shall be printed or copied on A4 printing paper, and the original shall be kept by myself, and a copy may be submitted.

(2) The indictment and evidence materials shall be prepared in multiple copies, depending on the number of defendants, which shall be+1.

Third, go to court to sue.

According to Article 23 of the Civil Procedure Law: "Contract disputes shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the contract is performed."

The above provisions shall also apply to disputes over private lending, which shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the loan is performed.

Therefore, after sorting out the materials needed for prosecution, you should go to the defendant's domicile or the local court where you lent money to the defendant to sue.

After filing a lawsuit, the court will inform you to pay the fee after reviewing and accepting it. The legal fees shall be calculated according to the target amount, less than1100,000. 50 yuan, the legal fees, the summary procedure can be halved only by 25 yuan.

After the payment is completed, wait for the court to serve you with a court summons to inform you to go to court.

What is the prosecution procedure? What is the detailed process of divorce proceedings?

The process of litigation divorce includes four parts: prosecution, mediation, court hearing and judgment. It will take about six months for the lawsuit to come to a conclusion. According to the current judicial practice, unless there are special reasons, the court generally does not decide divorce at the first prosecution, and it needs to sue for divorce again six months after the first judgment.

In the prosecution stage, the parties need to submit materials to the court or file a case online. There are two questions here, one is which court to sue, and the other is what materials to submit. To go to that court to prosecute is, in French words, to judge which court has jurisdiction. Generally speaking, divorce is sued in the court where the other party lives, or in the other party's habitual residence. The materials submitted include the indictment, one's own ID card, marriage certificate, child's birth certificate and so on.

After the prosecution passes the court review, the court will first arrange time for mediation and questioning. If both parties are willing to mediate, it can be settled through mediation, and a mediation document will specify the divorce. If the two sides can't mediate, they will enter the formal trial procedure.

After entering the trial procedure, the court will pass the trial, and the two sides will show their attitudes and give evidence on whether to continue the marriage, child support, property division and other issues. After the trial, the court will make a judgment on whether to grant the divorce.

The court takes whether the relationship between the two parties has really broken down as the legal condition for judging divorce. Among them, Article 1079 of the Civil Code clearly stipulates that if one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court. When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.

Divorce shall be granted if mediation fails under any of the following circumstances: (1) bigamy or cohabitation with others; (2) committing domestic violence or abusing or abandoning family members; (three) gambling, drug abuse and other bad habits; (four) separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the marriage relationship.

If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.

After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.