The condition of bringing a civil lawsuit is that there must be a clear plaintiff and defendant, and the plaintiff and defendant need to have a direct interest in the case. At the same time, when the plaintiff files a lawsuit, he needs to explain his specific claim and the facts and reasons of the case. Finally, it needs a competent court to accept it.

1. What are the requirements of the Civil Procedure Law for filing a case?

According to the provisions of the Civil Procedure Law of People's Republic of China (PRC), the elements of prosecution are

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.

Second, what is the process of civil litigation?

(1) Prosecution:

1. In addition to submitting the original indictment to the people's court, the plaintiff shall also provide copies of the indictment according to the number of defendants and third parties:

2. The indictment is accompanied by the original evidence related to the plaintiff's claim and its claim or a copy of the evidence verified by the people's court;

3, the original and defendant litigation subject qualification certificate. If the plaintiff or defendant is a legal person, it is also necessary to submit the latest industrial and commercial annual inspection certificate.

(2) The complaint shall include:

1. If one of the parties is a citizen, the name, gender, age, nationality, occupation, work unit and residence, postal code and contact number shall be recorded; If one party is a legal person, it shall record the name and domicile of the legal person or other organization, and the name, position, postal code and telephone number of the legal representative or principal responsible person;

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

3. Evidence and its sources, names and residences of witnesses;

4. If the domicile of the party is different from the actual domicile, it shall be explained separately.

(3) Acceptance:

Those who meet the statutory conditions shall file a case within 7 days. Do not meet the statutory conditions, ruled that it will not be accepted within 7 days.

(4) filing a case:

After examination, if the prosecution meets the acceptance conditions, the examination and approval form for filing a case shall be filled in, and the judge in charge of examination and prosecution shall decide to file a case. When filing a case, the complaint and a copy of the party's ID card shall be submitted (the legal person shall provide a copy of the business license and organization code certificate), and the necessary evidence materials to prove the facts of the case shall be submitted. If the case requires property preservation, an application for property preservation and an application for guarantee may be submitted together with the preservation fee.

(5) Exchange of evidence before trial:

For cases with complicated cases and possibly more evidence, the judge may arrange the exchange of evidence before court, and for cases with simple cases, the exchange of evidence before court may not be arranged.

1, the evidence must indicate the source of evidence, the name and address of the witness; Documentary evidence shall be submitted in originals, and physical evidence shall be submitted in originals; If it is really difficult to submit the original or the original, copies, photos, duplicates and excerpts may be submitted, but it shall be indicated after the court has checked with the original without objection; Foreign certification documents must be accompanied by Chinese translation; Audio-visual materials submitted must be authentic.

2. The parties shall submit evidence materials to the people's court within the time limit specified by the people's court. If a party fails to submit evidence within the time limit, it shall be deemed as giving up the right of proof. The people's court shall not organize cross-examination of the evidence materials submitted by the parties within the time limit, unless the other party agrees to cross-examination.

If a party increases or changes a claim or makes a counterclaim, it shall do so before the time limit for adducing evidence expires.

The parties have the responsibility to provide evidence to prove the facts on which their claims are based or to refute the facts advocated by the other party. If there is no evidence or the evidence is insufficient to prove the facts identified by the parties, the parties with the burden of proof shall bear the adverse consequences.

3. The parties and their agents ad litem may apply to the people's court for investigation and collection of evidence according to Article 17 of the Provisions of the Supreme People's Court on Evidence in Civil Proceedings. Whether to approve or not shall be decided by the people's court. The parties and their agents ad litem shall submit a written application to the people's court for investigation and evidence collection. The application shall state the name, unit name, domicile and other basic information of the person under investigation, the contents of evidence to be investigated and collected, the reasons to be investigated and collected by the people's court and the facts to be proved.

The parties and their agents ad litem shall apply to the people's court for investigation and collection of evidence not later than seven days before the expiration of the time limit for adducing evidence.

4. If a party applies for a witness to testify in court, it shall do so ten days before the expiration of the time limit for adducing evidence and obtain the permission of the people's court.

5. Upon the application of the parties, the people's court may organize the parties to exchange evidence before the hearing.

The time for exchanging evidence may be agreed upon by the parties through consultation and approved by the people's court, or may be designated by the people's court. If the people's court organizes the parties to exchange evidence, the time limit for adducing evidence shall be the date of exchange of evidence. If the parties apply for an extension of proof and get permission from the people's court, the date of exchange of evidence shall be postponed accordingly.

6. If the parties present new evidence in the procedure of first instance, they shall do so before or during the trial of first instance. If the evidence provided by the parties after the expiration of the time limit for adducing evidence does not fall within the scope of "new evidence" as stipulated in Article 41 of the Supreme People's Court's Provisions on Evidence in Civil Proceedings, the people's court shall not accept it.

(6) Preparation before trial:

1. Send a copy of the indictment to the defendant within 5 days, and the defendant will file a reply within 15 days and send a copy of the reply to the plaintiff within 5 days. The content of the defense must be based on the facts, reasons and evidence put forward by the complainant, and focus on the defense and rebuttal, and submit relevant evidence.

2. Inform the original defendant of his litigation rights and the members of the collegial panel.

3 access to litigation materials, investigation and collection of necessary evidence. (The scope of evidence collected by the people's court on its own)

After receiving the complaint and relevant evidence, the people's court shall register it and issue a receipt to the plaintiff or private prosecutor. The receipt shall indicate the name of the evidence, the original or copy, the time of receipt, the number of copies and the number of pages. The copy must be checked with the original and signed or sealed by the judge in charge of examination and prosecution, as well as the plaintiff and private prosecutor, and the receipt should be filed. If the case is not filed before the case is filed or the plaintiff or private prosecutor withdraws the prosecution, the prosecution materials shall be returned and signed by the parties concerned.

4. Appendices of both parties.

(7) hearing:

1, time: after the expiration of the defense and the necessary preparations are made.

2. Procedure: notify the parties by summons 3 days before the court session, and notify other participants by notice.

3. Determine the date of the court session: make an announcement three days before the court session, announcing the names of the parties, the cause of action, the time and place of the court session.

(1) preparation for court session: the clerk shall find out whether the parties and other participants in the proceedings are present in court, and the clerk shall announce the court discipline. The presiding judge shall check the cause of action announced by the parties and the list of judges and clerks.

Inform the parties orally of their litigation rights and obligations, and ask whether the parties apply for withdrawal.

(2) court investigation: the parties can present new evidence; The people's court may request the court to re-investigate the evidence, expert appraisal or inquest, and whether or not to allow it shall be decided by the people's court.

Statement of the parties: the plaintiff, the defendant, the third party and the agent ad litem shall proceed in turn.

The presiding judge or the sole judge shall summarize the focus of the dispute in this case and the focus of the court investigation, and solicit the opinions of the parties. The witness testifies in court (if the witness can't appear in court, he can submit the written language approved by the court and read it out by the court; The written record of the defendant's court entrusting a foreign court to question the witness shall be read out in court)

With the permission of the presiding judge, the parties and agents ad litem have the right to ask questions to witnesses, who shall truthfully answer them.

Show physical evidence, documentary evidence and audio-visual materials in court, read the appraisal conclusion in court, and the appraiser read the appraisal method to the court. With the permission of the court, the parties and their agents ad litem may ask questions to the appraiser.

The court judge or inspector shall announce the record of the inspection in court, and the photos or drawings taken shall be shown to the parties, who may ask questions to the inspector with the permission of the court.

Before the end of the court investigation, the presiding judge or the sole judge shall summarize the facts ascertained by the court investigation and the disputed issues of the parties, and ask the parties, the third party and the litigation agent whether they are interested in making a final statement.

Evidence that cannot be authenticated in court may be recognized after the collegial panel adjourns. If the collegial panel thinks that it is necessary to continue to provide evidence or carry out expert inspection after collegial panel deliberation, it may be determined after the next court session. If you think this court investigation failed to stop it,

After clarifying the relevant circumstances of the case, the court may decide to hold a new session.

If the court decides to hold another trial, the presiding judge or the sole judge shall summarize the trial, point out the evidence confirmed in the trial and indicate the investigation focus of the next trial. If you think that the facts of the case have been ascertained and the necessary evidence is ready, you can declare the court investigation over and enter the court debate stage.

(3) Debate in court by the parties and their agents ad litem. The presiding judge shall solicit the final opinions of all parties in the order of plaintiff, defendant and third party.

(4) Review: After the court debate, the presiding judge announced an adjournment for review when entering the review, and implemented the principle that the minority is subordinate to the majority.

The appraisal shall be truthfully recorded. The review records are not allowed to be consulted and copied by the parties and agents ad litem.

After the deliberation, the presiding judge announced the continuation of the court session, publicly announced the verdict in court, and served the verdict on the parties within 10 days; Or sentence regularly, immediately after the judgment.

Announce a verdict. The parties must be informed of the right to appeal, the time limit for appeal and the court of appeal.

When a civil dispute occurs, it can be resolved through civil litigation. As long as the conditions are met, the court will accept it. When the court accepts a case, both parties need to make preparations before the trial, such as preparing defense and related materials and waiting for the trial.