Question: What are the prosecution conditions for disputes over contractual management contracts of Sino foreign joint ventures
First, the plaintiff is a citizen, legal person or other organization that has a direct interest in the case. "Having a direct interest in the case" means having a direct interest in the subject matter of the action of the case being sued, or simply speaking, it means that the property rights or personal rights or other rights and interests of citizens, legal persons or other organizations are directly infringed by others or have a dispute with them over the ownership of rights and obligations. Second, there are clear defendants. The so-called clear defendant means that the plaintiff must clearly point out who the defendant is, that is, who infringes his civil rights, or who disputes with him in civil rights. Only when the defendant is clear, can the lawsuit be established. However, it should be made clear that the law requires a clear defendant, focusing on the word "you", regardless of whether the defendant is "just", that is, even if the party accuses the wrong person and chooses the wrong defendant, the establishment of the lawsuit will not be hindered. Third, there are specific claims, facts and reasons. There are specific claims, which means that the content and scope of the civil rights and interests that the plaintiff requests the people's court to confirm or protect should be clear and specific. What the people's court requests to protect, pay, and oppose should be clear and clear, and no ambiguity or ambiguity is allowed. Otherwise, the people's court will be difficult to determine the object and scope of trial protection, Therefore, it is difficult to provide trial protection methods. Facts and reasons refer to the "case facts" and "evidential facts" that the plaintiff must state to the people's court and the reasons supporting the claim. The law requires the plaintiff to hold factual reasons, which is to require the plaintiff to explain the occurrence, development, change, and elimination of civil legal relations and their views and reasons, and provide relevant evidence. As for whether the plaintiff's views are correct, whether the reasons are sufficient, and whether the evidence is conclusive, the court did not ask at the stage of review and prosecution. Fourth, it belongs to the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court to which the lawsuit is filed. The case brought by the plaintiff should belong to the scope of civil litigation accepted by the people's court, that is, it should be in the charge of the people's court, which has the right to try the case according to law. Disputes that should be handled by administrative organs or enterprises are not under the jurisdiction of the people's courts.
