If you refuse to accept the judgment of the first instance, before execution, it also involves appeal, second instance trial and judgment.
Look at the civil procedure law to have a basic understanding.
How to bring a civil lawsuit to the court
When a consumer brings a lawsuit to a people's court, it shall comply with the provisions on the conditions of civil litigation:
1. The plaintiff shall have civil capacity. According to the General Principles of Civil Law,/kloc-citizens over 0/8 years old are adults with full capacity for civil conduct; /kloc-citizens over 0/6 years old/kloc-citizens under 0/8 years old mainly rely on their own labor income.
The source, as a person with full capacity for civil conduct, is entitled to bring a lawsuit to the court in his own name. If a minor or mental patient is a person with no capacity or limited capacity, his legal guardian shall act as a legal agent to bring a lawsuit on his behalf.
2. The plaintiff is a citizen, legal person and other organization that has a direct interest in this case. A consumer who brings a lawsuit must be a consumer or other victim whose legitimate rights and interests have been infringed upon in purchasing or using goods or receiving services.
3. There is a clear defendant. According to Article 35 of the Consumer Protection Law, consumers can take sellers or service providers as defendants when their legitimate rights and interests are infringed. If consumers have personal wealth because of commodity defects,
In the case of property damage, either the seller or the producer can be the defendant. The law gives consumers the right to sue producers and sellers, and consumers choose the object that is most convenient for them to sue, the most capable of fulfilling the judgment and the easiest to find as the defendant.
4. There are clear claims and factual basis. That is, specifically put forward the fact that the operator violates the contract and infringes, the damage caused to himself, and the civil liability that the operator should bear.
5, to the people's court with jurisdiction. It can include the following aspects:
(1) In general civil cases, civil actions brought against legal persons or other organizations shall be under the jurisdiction of the people's court where the legal person is domiciled; If several defendants in the same lawsuit have their domicile or habitual residence in two or more people's courts, they may bring a lawsuit in one of the people's courts.
(2) Infringement shall be prosecuted in the court where the infringement occurred or where the defendant is located. The people's courts in the places where the products are manufactured, sold, infringed and the defendant's domicile have jurisdiction over lawsuits brought by unqualified products that cause property or personal injury to others.
(3) Litigation rights in railway, highway, water, air transportation and combined transportation shall be brought to the court where the transportation originated, destination or defendant is located. Litigation for damages caused by railway, highway, water and aviation accidents shall be brought to the court in the place where the accident occurred, the place where vehicles and ships first arrived, the place where aircraft first landed or the defendant's domicile.
Verb (abbreviation of verb)
(4) Article 34 of the Civil Procedure Law stipulates that a lawsuit filed for real estate shall be filed with the court where the real estate is located.
6. The effective period of bringing a civil lawsuit to the court is within two years after the obligee knows that his rights have been infringed. The General Principles of the Civil Law also stipulates four situations in which the limitation of action is one year:
(1) claims compensation for bodily injury;
(two) the sale of substandard goods has not been declared;
(3) delaying or refusing to pay the rent;
(4) Loss of or damage to the property in escrow.
7. The prosecution shall submit a complaint to the people's court, and submit copies according to the number of defendants. If it is really difficult to write a complaint, the people's court may record the oral complaint and inform the other party.
Annex: Basic Form of Civil Complaint
Civil appeal
Plaintiff: XXX, male, XXX years old, employee of XXX factory, living in. XX road in xx district.
Authorized Agent: ××××××
Defendant: ××× Store (enterprise)
Legal Representative: ××××, post
Cause of action: ××××××× dispute
Claim: (1) The defendant stops the infringement, redoes and repairs it, and compensates the economic loss of ×× yuan;
(2) The legal costs shall be borne by the defendant.
Facts and reasons for prosecution: (omitted)
I am here to convey
XX District People's Court of XX City
Metaphor: ×××××
×××× Year×× Month× Day
Attachment: (Relevant evidence)
Court charging standard
According to the Supreme People's Court's Measures for Collecting Legal Fees, the acceptance criteria of cases involving consumer rights disputes.
As follows:
Infringement of reputation rights and other cases: 10— each 50 yuan;
Other non-property cases: 65,438 yuan +00 yuan each —50 yuan;
Property case: according to the disputed price or amount, the following proportion shall be paid:
Less than 1000 yuan, each 50 yuan;
The part exceeding 1000 yuan to 50,000 yuan shall be paid by 4%;
The part exceeding 50,000 yuan to100,000 yuan shall be paid by 3%;
The part exceeding 100000 yuan to 200000 yuan shall be paid by 2%;
The part exceeding 200,000 yuan to 500,000 yuan shall be paid by 1.5%;
The part exceeding 500,000 yuan to 65,438+0,000,000 yuan shall be paid by 65,438+0%;
The part exceeding1100,000 yuan shall be paid by 0.5%.
Cases of infringement of patent right, copyright and trademark right: 50 yuan-100 yuan for each piece; have
The disputed amount shall be paid according to the charging standard of property cases.
Other litigation costs, also known as actual costs, are necessary for the parties to conduct litigation, such as appraisal fees,
Inspection fees, litigation materials and legal books and periodicals production fees, witness lost time and travel expenses, except Shen.
Please ask for property preservation and execution and actual expenses.
For the parties who really have difficulties in paying the litigation fees, the Civil Procedure Law stipulates that they may apply to the court for postponement, reduction or
Exempt from legal fees.
Determine the principle of sharing litigation costs
After the people's court has concluded a case, the parties shall determine the sharing of litigation costs in accordance with the following principles:
If the parties lose the case, it shall be borne by the losing party, and if both parties are responsible, it shall be shared by both parties;
Some parties win the case and some parties lose it, and share it in proportion;
If the parties lose the case, the people's court shall, according to their respective interests in the subject matter of the lawsuit.
Departments to determine the amount of their respective burdens;
After the plaintiff withdraws the lawsuit, the case acceptance fee shall be borne by the plaintiff, and other litigation fees shall be charged by half.
According to the actual charge;
The case of rejecting the appeal shall be borne by the parties to the appeal;
If a mediation agreement is reached in the trial of a case, both parties shall share it through consultation. If consultation fails,
According to the principle of the burden of the losing party;
The expenses arising from the improper litigation behavior of the parties shall be borne by the parties.