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What are the conditions for prosecution

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What are the conditions for prosecution


        

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  • 2024-06-17 17:01:32

    The conditions are as follows
    (1) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case.
    (2) There are clear defendants.
    (3) There are specific claims, facts and reasons.
    (4) It belongs to the scope of civil action accepted by the court and the jurisdiction of the court to be sued.
    The court shall safeguard the litigants' right to sue in accordance with the law. After receiving the complaint or oral complaint, the court shall review it, including the formal review of the complaint and the substantive review of the elements of the complaint. The formal review of the statement of complaint is mainly to see whether the matters recorded in the statement of complaint comply with the provisions of the law. If the statement of complaint does not comply with the format requirements, the court can require the plaintiff to complete the corresponding information on the matters. The substantive review of the elements of prosecution mainly depends on whether the prosecution meets the conditions that must be met for the prosecution. If it does not meet the substantive requirements for prosecution, the court will not accept it.
    The court must accept the lawsuits that meet the four conditions mentioned above. If, after examination, it is found that the conditions for prosecution are met, the case shall be filed within 7 days and the parties shall be notified; If it believes that the conditions for prosecution are not met, it shall make a written ruling within 7 days and reject the case. If the plaintiff is not satisfied with the ruling of rejection, it may file an appeal. If the court finds that the prosecution does not meet the conditions for acceptance after filing the case, it shall rule to dismiss the prosecution; If it is found that the court has no jurisdiction after filing the case, the case shall be transferred to the court with jurisdiction.

    Legal basis

    Article 119 of the Civil Procedure Law of the People's Republic of China may summon a criminal suspect who does not need to be arrested or detained to a designated place or his domicile or the unit to which he belongs for interrogation, but he shall produce evidence from the People's Procuratorate or the public security organ.

    w***

    2024-06-17 17:01:32

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