If the court decides not to accept the case, it shall issue a written ruling of rejection according to the provisions of the Civil Procedure Law.
At present, China implements the registration system, that is, the court does not examine the substantive prosecution of the parties, but only examines the formal elements. Except for cases where registration is not allowed by law, the court will accept all complaints submitted by the parties and issue written documents. If the indictment and relevant evidential materials conform to the provisions of the procedural law, they shall be registered and filed on the spot. When placing a case on file, the parties shall submit a copy of the plaintiff's ID card, a copy of the defendant's ID card, a civil complaint and evidence materials to the court.
The process of bringing a lawsuit to the court is as follows:
1. determine the court of jurisdiction. The first question to be determined before prosecution is which court to sue. The plaintiff may bring a lawsuit to the people's court of the defendant's domicile. If the defendant's domicile is inconsistent with his habitual residence, he may bring a lawsuit to the people's court of his habitual residence.
2, writing a complaint, a civil complaint shall include the following contents:
(1) Basic information of plaintiff and defendant. If the plaintiff knows that the defendant's whereabouts are unknown, it shall indicate it in the indictment and provide the defendant's information and original residence as much as possible;
(2) The content of the claim shall be specific and clear, and if it is a payment, the type and quantity shall be specified; If it is a payment behavior, it should explain why it is done or not;
(3) Facts and reasons are the evidence and support of the plaintiff in civil litigation;
(4) Signature and time, signed or sealed by the plaintiff, and signed the time.
3. organize the evidence. The prosecution needs the following evidence:
(a) Statements of the parties;
(2) Documentary evidence;
(3) Physical evidence;
(4) Audio-visual materials;
(5) Electronic data;
(6) Testimony of witnesses;
(7) Appraisal opinions;
(8) Records of the inquest.
4. Filing a case means submitting a complaint to the court in the jurisdiction and providing evidence.
5. Payment: The parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receiving the acceptance notice.
6. After the trial is decided and the case is filed, the court will arrange the trial time, and the parties shall obey the work arrangement of the court.
7. Apply for enforcement. After the judgment comes into effect, if the performance period determined by the judgment expires and the other party still fails to pay you all the money, you may apply to the court for compulsory execution.
legal ground
According to Article 126 of the Civil Procedure Law of People's Republic of China (PRC), the people's court shall protect the litigation rights of the parties according to law. Litigation that conforms to the provisions of Article 122 of this Law must be accepted. Those who meet the conditions for prosecution shall file a case within seven days and notify the parties concerned; If it does not meet the conditions for prosecution, it shall make a ruling within seven days and refuse to accept it; If the plaintiff refuses to accept the ruling, he can appeal.