Prosecution means bringing a lawsuit to the court, and whether it is accepted or not is decided by the court according to law. The plaintiff sued first, and the court accepted the review. The two are related, but not the same thing. After the prosecution, the court may not accept it.
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.
Prosecution procedure
1. When a party files a lawsuit, it shall first submit an indictment and submit corresponding copies according to the number of the other party. If the parties are citizens, the names, gender, age, place of origin and address of both parties shall be stated; If the party is a unit, the name, address, legal representative or person in charge of the unit shall be stated. The body of the indictment shall specify the facts and reasons for the request and prosecution, and the tail shall be signed or stamped with the official seal.
Two, according to the principle of "who advocates who gives evidence", the plaintiff shall submit the following materials to the court:
1, plaintiff qualification materials. Such as the original and photocopy of the resident ID card, residence booklet, passport, home visit certificate for Hong Kong and Macao compatriots, marriage certificate and other evidence; If the enterprise is the plaintiff, it shall submit a copy of the business license, business registration certificate and other materials.
2. Evidence to prove the plaintiff's claim. Such as contracts, agreements, debt instruments (IOUs, IOUs, etc. ), send and receive vouchers, letters, etc.
Three, the parties to submit documentary evidence to the court, should fill in the list of evidence in duplicate, detailing the name of the evidence submitted, the number of pages. After the evidence is verified by the court undertaker, the undertaker shall sign and seal the evidence list, one for the parties and one for the file.
Four, the filing court in the parties to perform the necessary procedures and submit relevant evidence materials, within seven days, to meet the conditions for filing, filing procedures; Those who do not meet the conditions for filing a case shall be ruled inadmissible according to law.
Five, the parties shall, within seven days from the date of receiving the notice of acceptance, pay the case acceptance fee and other litigation fees in advance. If there are difficulties, you can submit a written application for reduction, deferment and exemption to our hospital during the advance delivery period. If they fail to pay within the time limit or the written application for deferment, deferment or exemption is not approved, and they still fail to pay in advance, our hospital will decide to withdraw the lawsuit automatically.
Six, after the completion of the filing procedures, the case shall be arranged by the court, and the parties shall obey the work arrangement of the court, and settle the litigation costs in the financial room after the case is closed.