For the protection of citizens, legal persons and other organizations to exercise the right of appeal according to the law, people's courts implement the law, timely processing of cases, according to "People's Republic of China Civil Procedure Law", "People's Republic of China Administrative Procedure Law," "People's Republic of China Criminal Procedure Law" and other legal provisions, the enactment of this provision.
Article People's Court of First Instance of the law should be accepted by civil prosecution, administrative prosecution and criminal private prosecution, the implementation of filing registration system.
The second prosecution, private prosecution, the people's court shall all received complaint, issue a written document and indicate the date of receipt.
Compliance with the law on the prosecution, the private prosecution, the people's court filing shall be registered on the spot.
The prosecution does not comply with the law, private prosecution, the court shall release next year.
Article 3 The people's court shall provide a sample petition, demonstration and guidance for the parties to provide written complaint.
Party written complaint is really difficult, may be made orally, the court shall record in writing. Compliance with the law, be registered on file.
Article civil complaint shall clearly following:
(A) the plaintiff's name, the name of gender, age, ethnicity, occupation, work unit, residence, contact information, legal person or other organization, address and legal representative or main person in charge name, title, contact details;
Information Name (ii) the accused, gender, work unit, residence and other information, the name of a legal person or other organization, shelter and the like;
(C) the claims and the facts and reasons are based;
(Iv) evidence and sources of evidence;
(E) have witnesses, specifying the names and addresses of witnesses.
Referring to the civil complaint written administrative complaint.
Article from criminal complaint shall specify the following:
(A) the private prosecutor or on his behalf to tell people the name of the defendant, gender, age, ethnicity, education level, occupation, work unit, address, contact details;
Time (b) the defendant to commit the crime, place, means, circumstances and consequences of hazards;
(C) the specific claims;
(Iv), presenting the people's court and a state time;
Name (e) evidence and other sources;
(Vi) have witnesses, names of witnesses stated, residence and contact information.
Article 6 The parties sued private prosecution, it shall submit the following materials:
(A) the prosecutor, private prosecutor is a natural person, submit a copy of proof of identity; the prosecution, private prosecution is a legal person or other organization, submitted a business license or organization code certificate, legal representative or the person responsible for the identification books; legal persons or other organizations can not provide the organization code, should provide information to be written off in the description of the organization;
(B) or on behalf of the prosecution told the commission shall submit the power of attorney, agent identification, tell who took the identity and other related materials;
(C) specific and clear enough so that the information the name or title, address and other accused or defendant and others distinguish;
(Iv) the original complaint and the defendant and the other party or the number of copies is consistent with the defendant;
(V) and petitioned relevant evidence or proof.
Article VII Memorial and material submitted by the parties do not meet the requirements, the people's court shall notify in writing a one-time correction within a specified period.
Party corrections within a specified period, the court decides whether to initiate the period from the date of receipt of the correction material calculations.
The parties have not corrected within a specified period, returned to the complaint and recorded in the register; adhere to the prosecution, private prosecution, ruling or decision is inadmissible, not filing.
After the correction is still not meet the requirements, ruling or decision is inadmissible, not filing.
Article VIII of the prosecution raised by the parties, private prosecution, the court can not decide on the spot whether the law should be made for the following processes:
(A) civil and administrative prosecution, should be the date of receipt of the complaint within seven days to decide whether to initiate;
(Ii) the criminal private prosecution, shall receive from the complaint within 15 days after the decision whether to initiate;
(Iii) the third party withdrawal of the complaint, it should be the date of receipt of the complaint within thirty days to decide whether to initiate;
(Iv) the implementation of the appeal objection to decide whether filing shall, within 15 days from the date of receipt of the complaint.
People's Court in the prosecution can not be determined within the statutory period, private prosecution if compliance with the law, it should first filing.
Article IX People's Court to prosecute, or not to file private prosecution inadmissible, it shall issue a written ruling or decision, and shall state the reasons.
Article X of the People's Court following prosecution filed private prosecution shall not be registered:
(A) illegal prosecution or does not comply with the law;
(Ii) relates to jeopardize national sovereignty and territorial integrity;
(C) jeopardize national security;
(Iv) destruction of national unity and national unity;
(V) violate the state religion policies;
(F) are not covered by the appeal court in charge of the people.
