Current location - Education and Training Encyclopedia - Educational institution - How to sue public educational institutions in China?
How to sue public educational institutions in China?
The process of suing public educational institutions in China

1. Registered account

If it is the first time to use this platform, you can log on to the website of Beijing Court Electronic Litigation Platform and click on the registered account for real-name authentication.

2. Click "Online Filing"-"Guidance"-"I apply for filing as a party".

3. Select "Beijing Haidian District People's Court"-the case type is "civil first instance".

4. Choose the cause of action-the amount of the subject matter of the lawsuit.

5. Fill in the plaintiff information. Fill in the information such as the type, name, certificate number, gender, household registration address, nationality and permanent address of the party concerned. If there are multiple plaintiffs, you need to add multiple plaintiff information. If there is an agent ad litem, you need to fill in the agent information.

6. Fill in the defendant information. Fill in the information such as the type, name, certificate number, gender, household registration address, nationality and permanent address of the party concerned.

7. Upload a complaint. If you have any complaints, please choose to upload them directly; No complaints, please fill in the element information to automatically generate complaints. Please download the complaint directly after generating it, and upload the printed complaint to the system!

8. Upload the evidence catalogue and evidence materials.

9. Electronic signature and submission. After successfully uploading the prosecution materials, the filing staff will review them within three working days.

legal ground

Article 122 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that 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 When a lawsuit is brought to a people's court, copies shall be submitted according to the number of defendants.

If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.

Article 124 A complaint shall contain the following items:

(1) The name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, the name and domicile of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person;

(2) Information such as the name, gender, work unit and domicile of the defendant, and information such as the name and domicile of the legal person or other organization;

(3) the request and the facts and reasons on which it is based;

(4) Evidence and its sources, names and residences of witnesses.