According to Article 119 of the Civil Procedure Law, the prosecution must meet the following conditions:
1. The plaintiff is a citizen
a legal person and other organizations that have a direct interest in this case. Anyone who has the capacity for litigation rights can be a party to a civil lawsuit, a plaintiff or a defendant. But to be a plaintiff in a specific case, you must also have a direct interest in this case. That is, if the plaintiff requests the people's court to confirm and protect it, the disputed or infringed civil rights and interests must be their own or those protected by themselves according to law. If there is no direct interest in the case, it means that the parties are unqualified and cannot bring a lawsuit to the people's court as the plaintiff. Citizens, legal persons or other organizations can become plaintiffs in civil cases through prosecution. Among them: other organizations refer to organizations that do not have legal person conditions, such as the preparatory office and branches of enterprises and other social organizations that do not have legal person conditions.
2. There is a clear defendant
The so-called clear defendant means that the citizens, legal persons or other organizations that the plaintiff believes have infringed upon their rights and interests or have disputes with them must be clear and cannot refer to them in general terms. If there is no clear defendant, the plaintiff's request will not be recognized, the legal relationship will not be confirmed, and the people's court will not be able to start trial activities.
3. There are specific claims and facts and reasons
The so-called specific claims refer to the fact that the content and scope of the civil rights and interests that the plaintiff requires the people's court to confirm or protect must be specific, that is, what specific purpose the plaintiff achieves through litigation. If the plaintiff does not mention the specific claim, the people's court will not be able to hear and judge. The so-called facts refer to the fact that the legal relationship between the original and the defendant occurred, changed and destroyed, as well as the fact that the defendant infringed or disputed with the plaintiff. At the same time, it also includes the evidence facts that prove the existence of the facts of the case. The so-called reason is the main basis for the plaintiff to file a specific litigation request with the people's court. If the plaintiff fails to present the facts and reasons of the specific litigation request, it will be difficult for the court to make a correct judgment, which may lead to losing the case. It should be noted here that the Civil Procedure Law stipulates "factual reasons" rather than "factual basis". In trial practice, some judges can't tell the difference between prosecution evidence and winning evidence, and mistake "factual basis" for winning evidence. Ask the plaintiff to provide it at the time of prosecution, otherwise the plaintiff's prosecution will be rejected, which will make it more difficult for the parties to complain. Civil procedure law abandons "factual basis"; The definition of "facts and reasons" is to make it clear that as long as the plaintiff can present the facts of the case and prove the reasons for the claim, the people's court should accept it according to law if other conditions are met.
4. Belonging to the scope of the people's court accepting civil litigation and the jurisdiction of the people's court being sued
Belonging to the scope of the people's court accepting civil litigation has two meanings. The first refers to the scope of the division of functions and powers between the people's court and other state organs, that is, the case should belong to people.