How to file a civil lawsuit online

1. Search the Supreme People’s Court Litigation Service Network on the Internet, click and enter.

2. If you have an account on the Supreme People’s Court Litigation Service Network, directly click on the party to log in.

3. Click the party to log in, enter the user name, password, and verification code in sequence, and then click Login.

4. Submit an online case filing application, and the judge will review it. If the review fails, resubmit the application. After review, the paper materials are mailed, and the judge files the case.

5. If you don’t have an account, click Register in the upper right corner. After registration, just follow the steps above.

The process of filing a civil lawsuit online is to submit a civil complaint, then upload the civil complaint, then fill in the relevant information and wait for review.

Civil Complaint

(1) The Complaint must be written on A4 paper, either printed or handwritten. The handwriting must be clear and neat

(2) Submit one original copy of the indictment, and submit copies according to the number of defendants.

(3) If the plaintiff is a natural person, he or she must sign and fingerprint the petition. If the plaintiff is a legal person, it needs to be stamped with the official seal of the legal representative and stamped with a hand seal or signature.

Plaintiff’s Identity Proof

(1) If the plaintiff is a natural person, he/she must submit a copy of his or her ID card (photocopies of both sides of the ID card).

(2) If the plaintiff is an organization, it is necessary to submit a copy of the unit’s business license, certificate of legal representative, power of attorney and agent-related procedures (for details, please refer to the relevant provisions of the third agent) ).

(3) If the plaintiff is an individual industrial and commercial household, a copy of the business license and a copy of the owner’s ID card must be submitted.

Scope of litigation agents and related procedures

Those who can be entrusted as litigation agents include: (1) lawyers and grassroots legal service workers; (2) close relatives of the parties or Staff; (3) Citizens recommended by the community, unit and relevant social groups where the party is located.

The required procedures are as follows:

(1) Power of attorney. It must be signed or stamped by the principal, and the entrusted matters and authority must be clearly stated. An agent ad litem must be specifically authorized by the client to admit, waive, or modify a claim, conduct a settlement, file a counterclaim or appeal on his or her behalf.

(2) If the agent is a lawyer or legal worker, a copy of the lawyer's certificate and a letter from the law firm must be provided.

(3) If the agent is a citizen, a copy of his or her ID card must be provided. If the agent is not a close relative, a letter of recommendation from the jurisdiction, unit and social group where the client is located must be submitted.

(4) If the agent is a close relative of the party concerned, proof of kinship must be submitted.

Proof of the defendant’s subject and proof of the jurisdiction of this court.

(1) If the defendant is a natural person, his/her identity information must be provided

(2) If the defendant is a legal person, individual industrial and commercial household, or other organization, the unit's industrial and commercial registration information must be provided. If the actual business location is inconsistent with the registered location, proof of the actual business location must be provided. If the defendant is a public institution, a registration certificate should be submitted.

Copies of relevant evidence in this case

When filing a lawsuit, the parties shall provide the basic basis relevant to this case that can prove the existence of the legal relationship between the parties

In private lending disputes, when the parties submit copies of prosecution materials, they should also submit the originals for verification, and return them to the parties after verification.

What is the process of civil litigation?

1. The plaintiff sues.

2. After the court accepts the case, it will serve a copy of the indictment to the defendant.

3. The defendant shall submit a statement of defense within fifteen days, and the court shall serve a copy of the statement of defense to the plaintiff within five days. If the defendant does not submit a statement of defense, it will not affect the trial.

4. For cases that decide to open a court hearing, the court shall notify the parties and make an announcement three days in advance.

5. The court investigation stage includes: statements by the parties; informing witnesses of their rights and obligations, witness testimonies, reading out the testimonies of witnesses who are not present in court; presenting documentary evidence, physical evidence and audio-visual materials; reading out appraisal conclusions; reading out inspection transcripts .

6. Court debate includes: the plaintiff and his litigation agent speak; the defendant and his litigation agent respond; the third party and his litigation agent speak or respond; debate with each other. When the court debate ends, the presiding judge will solicit the final opinions of all parties in the order of the plaintiff, defendant, and third party.

7. After the court debate is over, a judgment should be made in accordance with the law. If mediation is possible before the judgment is made, mediation can still be carried out. If mediation fails, the judgment shall be made in a timely manner.

8. The judgment is announced.

Can I prosecute directly after filing a case?

What the Public Security Bureau accepts is a criminal case and cannot be filed in court. The same matter cannot be handled by several departments at the same time. This provision is to avoid different processing results and leave the parties at a loss.

Case filing

It means that after the public security, judicial organs and other administrative law enforcement agencies review materials such as reports, accusations, reports, surrenders, and private prosecutors’ prosecutions according to their respective jurisdictions, When it is believed that a crime has occurred and criminal liability needs to be investigated, it is decided to conduct investigation or trial as a criminal case.

Classification

After the judicial authorities review the criminal cases or civil disputes, they decide to list them as litigation cases for investigation or trial, which is the beginning stage of litigation activities. Generally, it includes criminal case filing, administrative litigation case filing and civil litigation filing.

Legal Basis

"Civil Procedure Law of the People's Republic of China"

Article 122 Prosecution must meet the following conditions:

(1) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;

(2) There is a clear defendant;

(3) There is Specific litigation claims, facts and reasons;

(4) It falls within the scope of the people's court to accept civil litigation and the jurisdiction of the people's court subject to the lawsuit.

Article 123: A complaint shall be submitted to the People's Court and copies shall be filed according to the number of defendants.

If it is really difficult to write a complaint, you can file a complaint orally, and the people's court will record it and inform the other party.

Article 124 The complaint shall state the following matters:

(1) Plaintiff’s name, gender, age, ethnicity, occupation, workplace, residence, and contact method, 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) The name, gender, work unit, domicile and other information of the defendant, the legal person Or the name, address and other information of other organizations;

(3) Litigation claims and the facts and reasons on which they are based;

(4) Evidence and sources of evidence, names and addresses of witnesses.