If it is uncertain whether the conditions for prosecution stipulated in this Law are met on the spot, a complaint shall be received, and a written certificate indicating the date of receipt shall be issued to decide whether to file a case within seven days. If it does not meet the conditions for prosecution, it shall be ruled not to file a case. The written ruling shall specify the reasons for not filing the case. If the plaintiff refuses to accept the ruling, he can appeal.
If the contents of the complaint are deficient or there are other errors, it shall be guided and explained, and the parties shall be informed of the contents that need to be corrected at one time. Shall not refuse to accept the complaint because the prosecution does not meet the conditions without guidance and explanation.
If a party refuses to accept the complaint, fails to issue a written certificate after receiving the complaint, or fails to inform the party concerned of the content of the complaint that needs to be corrected at one time, the party concerned may appeal to the people's court at a higher level, which shall order it to make corrections, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law.
3. In administrative litigation, if the people's court neither files a case nor decides not to file a case, the parties may bring a lawsuit to the people's court at the next higher level. If the people's court at a higher level considers that it meets the conditions for prosecution, it shall file a case for trial, or it may designate a people's court at a lower level to file a case for trial.
4. Legal basis: Article 123 of the Civil Procedure Law (as amended by 20 12) and Articles 51 and 52 of the Administrative Procedure Law (as amended by 20 14).