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What should I do if I sue others for failing the audit?
Legal analysis
Online filing is the product of the adoption of new technology in judicial reform and a supplement to on-site filing. If the filing is unsuccessful, it may be because the system is immature or the filing materials cannot meet the demand. It is recommended to consult the filing court or file a case on the spot. The process of court prosecution is: 1. When a party brings a lawsuit, it shall first submit an indictment and submit corresponding copies according to the number of the other party. If the parties are citizens, the names, gender, age, place of origin and address of both parties shall be indicated; If the party is a unit, it shall specify the name, address, legal representative or person in charge of the unit; 2. According to the principle of "who advocates who gives evidence", the plaintiff should submit the corresponding materials when suing the court; 3. The filing court shall, within seven days after the parties perform the necessary procedures and submit relevant evidence materials, handle the filing procedures for those who meet the conditions for filing; 4. The parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receiving the notification of acceptance; 5. After filing the case, the court will arrange a hearing. How to bear the litigation costs: the acceptance fee shall be paid in advance by the plaintiff. If the defendant files a counterclaim, the case acceptance fee shall be calculated according to the counterclaim amount or price, which shall be paid by the defendant in advance. If it is really difficult for the parties to pay the legal fees, they may apply to the people's court for deferment, reduction or exemption. Whether to postpone, reduce or give up shall be examined and decided by the people's court. After the case is concluded, the people's court shall notify me in writing of the detailed list of litigation expenses and the amount that the parties should bear. At the same time, in the judgment, ruling or mediation, the litigation costs that each party should bear are stated. The parties shall settle the litigation expenses with the people's court on the basis of the receipt of payment and the judgment, ruling or mediation, and refund more and make up less.
legal ground
People's Republic of China (PRC) Civil Procedure Law
Article 119 A prosecution must meet the following conditions: (1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case; (2) Having a clear defendant; (3) Having specific requests, facts and reasons; (4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
Article 123 The people's court shall guarantee the right of prosecution enjoyed by the parties according to law. A lawsuit that conforms to Article 119 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.
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