Litigation process of name borrowing dispute:
1, determine the jurisdiction of the court.
Whether the court has jurisdiction is mainly determined by two ways: agreed jurisdiction and statutory jurisdiction. When signing a contract, the parties to the contract may choose the court that may be under the jurisdiction of the litigation dispute, and the court under the jurisdiction shall be agreed upon by both parties through consultation; If the two parties have not agreed on the jurisdiction court, according to the statutory jurisdiction, it generally includes the jurisdiction court such as the defendant's domicile, the place where the contract was signed and the place where the contract was performed. Different types of contracts have different courts of jurisdiction, which depends on the legal provisions.
2. Write a complaint and sort out relevant litigation materials.
To bring a lawsuit to the court, it is necessary to have a complaint, the basic information of the original defendant and relevant evidence materials. If there is an agent ad litem, the identity information of the agent is also needed. The existing evidence includes the contract and relevant materials for its performance, and the original is required. If some materials are not original, please ask a lawyer to examine whether it will affect the outcome of the lawsuit;
3. Cross-examination in court debate
After the introduction of the case, the court will issue a subpoena to determine the opening time, and will also exchange evidence materials between the original defendant and the defendant to debate the authenticity and probative force of the evidence in court. If there is new evidence, it can also be submitted;
4. Effective stage of judgment
After the court debate, after investigation and analysis, the court found the facts of the case and made a legal and reasonable judgment. Anyone who disagrees with the verdict may appeal and request a higher court to make a judgment.
Legal basis:
Article 175 of the Criminal Code of People's Republic of China (PRC).
Whoever defrauds a bank or other financial institution of loans, bill acceptance and financial bills by fraudulent means, thus causing heavy losses to the bank or other financial institution or having other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; Whoever causes particularly heavy losses to banks or other financial institutions or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.