Legal analysis
According to the law, both parties in civil litigation enjoy equal litigation rights, and the legal application to both parties is equal. Generally speaking, the trial of civil cases is voluntary. If both parties are willing to mediate, they can mediate first, and the court will set a certain mediation period according to the litigation procedure. If one party is unwilling to mediate, it will enter the trial procedure. Of course, the whole trial process can be settled through mediation. If a lawsuit has been filed, it shows that the other party has specific litigation claims and factual claims, and the court has the right to hear it, and the other party has also provided corresponding evidence to prove its claims. Those who meet the conditions for prosecution shall accept the case and inform the other party in time. It is to find out what the other party's claim is, whether there are reasons or reasons, and if there are relevant facts and reasons, it may be reasonable. Of course, the sued party can also judge whether there are corresponding rebuttal reasons, and prepare to collect relevant evidence in time and respond to the lawsuit according to the notice of the court. If you don't appear in court, maybe the judge will support the other side's point of view according to the evidence provided by the other side.
legal ground
People's Republic of China (PRC) Civil Procedure Law
Article 6 The judicial power of civil cases shall be exercised by the people's courts.
The people's courts try civil cases independently in accordance with the law and are not subject to interference by administrative organs, social organizations or individuals.
Article 7 In trying civil cases, the people's courts must be based on facts and take the law as the criterion.
Article 8 Parties to a civil lawsuit have equal litigation rights. When trying civil cases, the people's courts shall guarantee and facilitate the parties to exercise their litigation rights, and all parties are equal in the application of laws.
Article 9 When trying civil cases, the people's courts shall conduct mediation on the basis of voluntariness and legality. If mediation fails, a judgment shall be made in time.
Article 119 A prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
Article 120 A complaint shall be submitted to the people's court, and copies shall be submitted according to the number of defendants.
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.
Article 121 A complaint shall contain the following items:
(1) The name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, the name and domicile of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person;
(2) Information such as the name, gender, work unit and domicile of the defendant, and information such as the name and domicile of the legal person or other organization;
(3) the request and the facts and reasons on which it is based;
(4) Evidence and its sources, names and residences of witnesses.
Article 122 Where a civil dispute brought by a party to a people's court is suitable for mediation, it shall be mediated first, unless the party refuses to mediate.
Article 123 The people's court shall guarantee the right of prosecution enjoyed by 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.