(1) The conditions that a lawsuit should meet:
1. The plaintiff is a citizen, legal person, and other organization directly interested in this case;
2. There is a clear defendant;
3. There are specific facts and reasons for the litigation claim;
4. This court is under the jurisdiction of the maritime court.
(2) Materials to be submitted for prosecution:
1. Original and copies of the indictment
One original copy shall be submitted to this court, and the number of copies shall be submitted according to the number of opposing parties. The complaint should state the basic information of the parties, the litigation request, facts and reasons, and be signed and stamped by the “plaintiff”, and cannot be copied.
2. List the evidence materials on which the lawsuit is based and provide a list of evidence materials
Evidence materials that meet the conditions for prosecution refer to evidence that proves the eligibility of the parties involved, that the parties have legal interests, and that the dispute belongs to the jurisdiction of this court. The list of evidence materials should indicate the name of the evidence, number of copies, whether it is an original, and the object of proof. The number of copies of evidence materials is the same as the number of copies of the complaint.
3. Proof of Qualification of Litigation Parties such as Plaintiff and Defendant
If the plaintiff is a natural person, submit a copy of the identification document; If the plaintiff is a legal person or an unincorporated organization, a copy of the business license or organization code certificate, as well as the identity certificate of the legal representative or main person in charge, shall be submitted. If the defendant is a natural person, submit a copy of the defendant’s identity documents; If the defendant is a legal person or an unincorporated organization, submit a copy of the defendant’s business license or organization code certificate, etc. If the court objects to the identity of the party or agent who filed the case by mail, the party or agent shall submit the litigation materials on site.
4. Authorization Letter
If the agent is a lawyer, submit a power of attorney, a copy of the lawyer’s certificate, and a letter from the law firm; If the agent is an employee of the company, please submit a copy of the employee’s ID card, authorization letter, and copy of the labor contract with the company’s seal.
5. Confirmation of Delivery Address for Plaintiff
6. Confirmation of the bank account number for the successful refund of fees by the parties involved
Fill out the confirmation letter for the bank account of the party involved in the “winning refund”, provide the bank account used to receive the “winning refund”, and clarify whether the losing party voluntarily bears or agrees to directly pay the litigation costs that they have prepaid but should not bear.
(3) Notes on litigation involving foreign affairs, Hong Kong, Macao, and Taiwan
1. If a party submits an indictment, power of attorney, and evidence materials from a foreign country, or provides evidence materials to this court that have been formed in a foreign country, the indictment, power of attorney, and evidence materials shall be notarized in the country where they are located and authenticated by the Chinese embassy or consulate in that country, or shall perform the certification procedures stipulated in relevant treaties between China and that country.
2. If the parties concerned send the indictment, power of attorney, and evidence materials from the Hong Kong, Macao, and Taiwan regions, or provide evidence materials to this court that are formed in the Hong Kong, Macao, and Taiwan regions, relevant notarization procedures shall be completed.
3. If the indictment, power of attorney, and evidence materials are in foreign languages, a Chinese translation should be submitted at the same time; If it is necessary to serve materials to foreign parties, an official translation in the country where the party being served is located should also be provided. The translation should be done by a qualified translation agency (such as the Shanghai Foreign Affairs Translators Association).
4. Overseas litigation entities may issue a “General Authorization Letter” to domestic companies, entrusting domestic companies to represent them and entrust Chinese lawyers or themselves to handle maritime and commercial litigation related matters conducted within the territory of the People’s Republic of China