Prosecution is the act of bringing a lawsuit to the court according to law and requesting the court to hear a specific case. The prosecution of criminal cases lies in asking the court to convict and sentence the defendant through trial; Bringing a criminal incidental civil action requires the court to investigate the defendant's economic compensation liability through trial.
The classification of prosecution includes:
1. Prosecution in the Civil Procedure Law refers to the litigation behavior that the subject of civil legal relationship requests the court for trial protection in his own name because his own civil rights and interests have been infringed or disputes have occurred with others.
2. Prosecution in criminal proceedings means that the state organs and citizens who have the right to sue bring a lawsuit to the court according to law, requesting the court to hear the contents of the accusation, so as to determine the criminal responsibility of the defendant and impose criminal sanctions according to law. All kinds of cases tried by people's courts are based on the prosecution of public prosecution organs or parties. If there is no prosecution, the court will not take the initiative to hear any case. If the court accepts the prosecution and agrees to hold a trial, it is called acceptance.
The prosecution shall submit the following materials to the court:
1, plaintiff qualification materials. For example, the originals and photocopies of resident ID cards, household registration books, passports, home visit certificates for Hong Kong and Macao compatriots, marriage certificates and other evidence, the enterprise as the plaintiff shall submit photocopies of business licenses, industrial and commercial registration certificates 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.
legal ground
People's Republic of China (PRC) Civil Procedure Law
Article 119 A prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.