First, the object of civil litigation is a controversial civil legal relationship.
1, the civil legal relationship is the relationship between the subject of rights and the person or thing recognized by law, and the content of this relationship is civil rights and obligations. Failure to perform or improper performance of civil obligations will inevitably lead to disputes. When one party resorts to judicial settlement, it becomes a civil lawsuit.
2, and civil litigation to solve, is whether there is a controversial civil legal relationship, and how the rights and obligations, in this sense, the controversial civil legal relationship is the object of civil litigation. This feature is a remarkable sign that civil litigation is different from administrative litigation and formal litigation.
Two, the main body of civil litigation includes not only the parties, but also the courts and procuratorates.
The so-called litigation subjects refer to those whose actions can lead to the occurrence, change and elimination of civil litigation procedures. In China's civil litigation, parties, people's courts and people's procuratorates are all such subjects.
Third, civil litigation is carried out in stages and in order.
1. Civil litigation is a continuous activity process. China's civil procedure law divides this activity into six stages: prosecution acceptance, pre-trial preparation, trial, judgment, appeal and execution.
2. Each stage has its own task, and the next stage can only be started after the task of the previous stage is completed. But this does not mean that every civil case has to go through these six processes.
Four, civil litigation activities must be carried out in strict accordance with the law.
1. Civil litigation is a judicial activity with legal forms and procedures. People's courts, people's procuratorates, parties and other participants in litigation must strictly abide by the law.
2. Illegal litigation activities have no legal effect. If the people's court conducts illegal litigation activities, the parties may request cancellation by exercising the right to appeal and the right to apply for retrial.