To file a lawsuit, the first step is to clarify the conditions for filing a lawsuit:
The plaintiff must be a citizen, legal person, or other organization with a direct interest in the case. The plaintiff must be a citizen, legal person, or other organization with litigation rights; At the same time, the plaintiff must bring a lawsuit to the people's court due to the infringement of their civil rights or disputes with others, that is, the plaintiff has a legal interest relationship with their case.
2. There is a clear defendant. Unless a lawsuit is filed, the plaintiff must clearly state who the defendant is who has infringed upon their civil rights or has a civil rights dispute with them. Without a specific defendant, the litigation process cannot proceed and the court cannot hear the case.
3. There are specific litigation requests, facts, and reasons. The plaintiff's lawsuit must clearly state the content of the request for the people's court to protect their civil rights, the content of the defendant's substantive rights request, as well as the factual basis and reasons for filing the lawsuit request. This is the core content of the lawsuit.
4. Belonging to the scope of civil litigation accepted by the people's court and under the jurisdiction of the sued people's court. The lawsuit filed by the plaintiff should fall within the scope of the people's court's exercise of judicial power and the jurisdiction of the sued court, otherwise the court has no right to hear the case.
If the conditions for filing a lawsuit are met, let's see if the case falls within the scope of civil litigation.
The scope of civil litigation acceptance mainly includes three categories:
The first category:
Property relationship cases (including only property relationships between equal subjects) and personal relationship cases (based on personality rights and identity rights).
This type of case includes marriage and family disputes, property and land disputes, various property disputes, neighboring relationship disputes, debt disputes, intellectual property disputes, various bill disputes, etc.
The second category:
Labor dispute cases.
Including labor contract disputes; Dispute over expulsion, dismissal or termination; Disputes arising from dissatisfaction with other handling or disciplinary decisions made by the enterprise; Disputes over job and salary adjustments; Work injury disputes, etc.
Note:
Labor disputes must first be arbitrated, and labor dispute cases that have not been arbitrated are generally not accepted by the court
If the labor dispute mediation organization fails to reach a mediation agreement within fifteen days from the date of receiving the mediation application, the parties may apply for arbitration.
The arbitration tribunal shall conclude a labor dispute case within 45 days from the date of acceptance of the arbitration application by the labor dispute arbitration commission. If the case is complex and requires an extension, with the approval of the chairman of the labor dispute arbitration committee, the extension may be granted and the parties shall be notified in writing, but the extension period shall not exceed fifteen days; If no arbitration award is made within the prescribed time, the parties may bring a lawsuit to the people's court regarding the labor dispute matter.
The third category:
Other disputes or matters that are subject to the application of the Civil Procedure Law as stipulated by law.
This type of case mainly refers to other disputes or non disputes that cannot be included in the above-mentioned types of disputes.
Disputes arising from voters' dissatisfaction with the decision made by the election committee regarding the appeal of voter qualifications; Apply for declaration of death or disappearance; Apply for the recognition of citizens as having no capacity for civil conduct or limited capacity for civil conduct; Apply for recognition of non disputes such as property ownerless.
