The method of prosecution is as follows:
1, the prosecution shall submit a complaint to the people's court, and submit a copy according to the number of defendants;
2. To have a specific defendant, you must be able to clearly point out who the other party is;
3. Prepare evidence materials as follows:
(1) indictment;
(2) evidential materials;
(3) the plaintiff's identity card and the information to prove the defendant;
(4) If another person is entrusted to represent the lawsuit, submit 1 copy of the power of attorney with clear authorization and the ID card of the trustee, and provide the original for inspection;
(5) 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 card of the entrusted law firm shall be submitted;
4. Bring legal fees and file a case with the court.
The legal provisions on the distribution of burden of proof are as follows:
1. When a party brings a lawsuit or responds to a people's court, it may submit a copy or duplicate of the evidence. However, when exchanging evidence and holding a court hearing, it must bring the original evidence or the original evidence for cross-examination;
2. The evidence provided by the parties to the people's court is formed outside the territory of People's Republic of China (PRC) or in Hongkong, Macao and Taiwan Province Province, and the relevant certification procedures shall be performed in accordance with relevant regulations;
3, the parties to the people's court to provide foreign documentary evidence or foreign explanatory materials, shall be accompanied by a Chinese translation;
4. The parties shall classify and number the submitted evidence materials one by one and bind them into volumes, briefly explain the name, number of copies, number of pages, source, object and content of the evidence materials on the evidence list, sign or seal them, indicate the date of submission, and submit copies of the evidence materials according to the number of parties.
To sum up, the parties applying for prosecution need to submit the corresponding evidence materials to the court and give evidence within the specified time. The court will make a judgment according to the specific circumstances of the case and issue a judgment.
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.