Legal analysis

Procedure for prosecution: 1, first of all, you need to confirm who the defendant is (that is, the other party to bear the liability of the person or unit), if it is an individual, then you need to go to the other party's domicile location of the police station to print the certificate of domicile (individuals can not be handled, the lawyers can be printed), if it is a unit, then you need to go to the Administration for Industry and Commerce to print the basic registration information of the unit; 2, followed by writing a civil lawsuit, stating the facts and reasons, as well as the other party to compensate for the loss of the basis, of course, you need to provide written evidence (oral audio/video), if you think that there is evidence can not be taken, you can apply to the court to let the court instead of evidence, although the possibility of very small; 3, ready to go, then to the court filing court submission Lawsuit and evidence, if accepted will give notice of payment, and then hold the notice of payment to pay the litigation costs; payment of fees, on behalf of the case has been formally accepted, the court will arrange the date and give you a subpoena, which states the date, time and place of the hearing and the trial judge; 4, to the court time, should be punctual to the court, late to the judge will leave a bad impression of the image, sometimes Hou will be considered to actively abandon the lawsuit, will be dealt with as a withdrawal. The judge's clerk will verify that both parties are present and that the case has been withdrawn. Judge's clerk will verify the identity of the two sides, and then enter the trial stage; 5, the trial stage: first of all, the plaintiff will be allowed to read the lawsuit first, after reading the appropriate evidence submitted, and then let the defendant rebuttal, and then into the evidence of the evidence of the stage of questioning (trial investigation), at this time, be sure to all of the other side of the authenticity of the evidence / relevance / lawfulness of the careful questioning, otherwise it will be unfavorable to themselves. 6, It is possible to apply for a dismissal of the case before the judge's final decision. If you think the case may be unfavorable to you, or the same litigation mark you have other ways of litigation, or do not intend to sue the other party, you can apply to the court to withdraw the case, submit the application for withdrawal of civil litigation.

Legal basis

"Chinese people's **** and the National Civil Procedure Law" Article 119 The prosecution must meet the following conditions: (a) the plaintiff is a direct interest in the case of citizens, legal persons and other organizations; (b) there is a clear defendant; (c) there is a specific litigation demand and facts, reasons; (d) belong to the the scope of the people's court to accept civil litigation and the jurisdiction of the people's court under appeal.

The People's Republic of China*** and National Code

Article 674 The borrower shall pay interest in accordance with the agreed period. If there is no agreement on the period of time for the payment of interest or the agreement is unclear and still cannot be determined in accordance with the provisions of Article 510 of this Law, if the period of borrowing is less than one year, it shall be paid together with the return of the loan; if the period of borrowing is more than one year, it shall be paid at the expiration of each one-year period, and if the remaining period is less than one year, it shall be paid together with the return of the loan.

Article 675 The borrower shall return the loan in accordance with the agreed period. If there is no agreement on the term of the loan or the agreement is unclear and still cannot be determined in accordance with the provisions of Article 510 of this Law, the borrower may return the loan at any time; the lender may call upon the borrower to return the loan within a reasonable period of time.