First, how to operate online litigation, and what is the operation process?
1. Generally speaking, in addition to big cities, you can choose the online litigation service platform in the province where the sued court is located. If the court is in Xinyang area, you can search the online litigation service platform of Henan court.
2. Find the "online declaration" option and click to enter the login page. If it is the first time to apply for "online filing", you need to register an account. After the account registration is successful, return to the login page to log in; In addition to the login entrance for ordinary accounts, there is a special channel for lawyers at the bottom of the login page, and lawyers can enter the login page with their own practice certificate number.
3. After entering the login page, select "I want to file a case" and then select "Make an appointment with the court". Select the Court of Appeal on this page.
4. Fill in the prosecution materials, proof materials and evidence materials, and click the "Confirm Submission" button after completion.
After the above steps are completed, the "online filing" application is completed.
Second, what is the process of litigation?
1. Write a complaint. First, write down the basic information of both the original defendant and the defendant, then list the litigation request (demand repayment), and finally write down the ins and outs of the matter clearly.
2. Bring the indictment (copy submitted according to the number of defendants), the original and copy of the evidence (IOU or contract) to the local court for filing.
3. After filing the case, go home and wait patiently. The court served the indictment, notice of proof, notice of proof and defendant's defense on the defendant. After the trial date is set, a summons will be served, and you will go to the court to attend the trial according to the date on the summons.
Conditions for prosecution: The prosecution shall meet the following conditions: the plaintiff is a citizen, legal person and other organization that has a direct interest in the case, has a clear defendant, has specific claims, facts and reasons, and belongs to the scope of cases accepted by the people's court, and the people's court in litigation has jurisdiction.
Prosecution mode: There are two kinds of prosecution modes: written and oral, mainly written, that is, the plaintiff should submit a complaint to the court and submit a copy of the complaint according to the number of defendants. If it is really difficult to write a complaint, you can file an oral complaint with the court, and the court will make a record and inform the other party.
legal ground
Measures for payment of litigation fees
Article 6 The litigation fees paid by the parties to the people's court include:
(1) Fees for accepting cases;
(2) application fee;
(3) Transportation expenses, accommodation expenses, living expenses and lost time expenses incurred by witnesses, expert witnesses, translators and adjusters when they appear in court on the date designated by the people's court.
Thirteenth case acceptance fees shall be paid according to the following standards:
(1) Property cases shall be paid in installments according to the amount or price claimed in the lawsuit;
1. If it does not exceed 1 ten thousand yuan, each piece shall be paid to 50 yuan;
2. The part exceeding 1 10,000 yuan to 1 10,000 yuan shall be paid by 2.5%;
3. The part exceeding 6,543,800 yuan to 200,000 yuan shall be paid by 2%;
4. For the part exceeding 200,000 yuan to 500,000 yuan, pay by 1.5%;
5. The part exceeding 500,000 yuan to 6,543.8+0,000 yuan shall be paid according to 654.38+0%;
6. The part exceeding 6,543,800 yuan to 2 million yuan shall be paid by 0.9%;
7 more than 2 million yuan to 5 million yuan, according to 0.8% to pay;
8. The part exceeding 5 million yuan to 6.5438+million yuan shall be paid by 0.7%;
9. The part exceeding 6,543,800 yuan to 20 million yuan shall be paid by 0.6%;
10. For the part exceeding 20 million yuan, 0.5% shall be paid.
(2) Non-property cases shall be paid according to the following standards:
1. Divorce cases range from 50 yuan to 300 yuan. Involving the division of property, the total amount of property does not exceed 200 thousand yuan, no need to pay separately; The part exceeding 200,000 yuan shall be paid by 0.5%.
2. 500 yuan shall pay 100 yuan for each case that infringes on the right to name, name, portrait, reputation and honor. Involving damages and the amount of compensation does not exceed 50 thousand yuan, no additional compensation; The part exceeding 50,000 yuan to 6,543,800 yuan shall be paid according to 654.38+ 0%; The part exceeding 654.38+10,000 yuan shall be paid by 0.5%.
3. Pay 50 yuan to 100 yuan for each non-property case of the other party.
(3) In intellectual property civil cases, if there is no dispute about the amount or price, each piece shall be paid from 500 yuan to 1 1,000 yuan; The disputed amount or price shall be paid according to the standard of property cases.
(4) Payment for each labor dispute case 10 yuan.
(5) Administrative cases shall be paid according to the following standards:
1. Trademark, patent and maritime administrative cases each 100 yuan;
2. Every 50 yuan in other administrative cases.
(6) If the parties raise objections to the jurisdiction of the case, and the objections are not established, they shall pay 50 yuan to 100 yuan for each piece.
The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, according to local actual conditions, formulate specific payment standards within the scope specified in items (2), (3) and (6) of this article.
Article 45 When a party applies for judicial assistance, the people's court shall be exempted from paying legal fees under any of the following circumstances:
(a) the disabled have no fixed source of livelihood;
(2) recourse for alimony, maintenance, nursing and pension;
(three) the minimum living security object, the rural poverty relief object, the rural five guarantees supporting object or the person receiving unemployment insurance benefits, and there is no other income;
(four) because of the courageous or to protect public interests, their legitimate rights and interests are damaged, and they or their close relatives request compensation or compensation;
(five) other circumstances that really need to be exempted.