1、 What is prosecution? How to distinguish civil litigation, criminal private prosecution, and administrative litigation?
The act of a citizen, legal person, or other organization filing a lawsuit with a people's court is called a lawsuit.
Citizens may bring a lawsuit to the people's court in accordance with the law due to marital and family disputes, or if their civil rights and interests are infringed upon by citizens, legal persons, or other organizations, or if they have property disputes with others.
Citizens may file a criminal private prosecution with the people's court in accordance with legal provisions for the following three types of cases:
（1） Cases that are only handled after being informed;
（2） Minor criminal cases where the victim has evidence to prove;
（3） In cases where the victim has evidence to prove that the defendant has violated their personal and property rights and should be held criminally responsible in accordance with the law, but the public security organs or people's procuratorates do not hold the defendant criminally responsible.
Citizens, legal persons, or other organizations who believe that the specific administrative actions of administrative organs infringe on their legitimate rights and interests and file a lawsuit with the people's court in accordance with the provisions of the Administrative Litigation Law are called administrative litigation. The scope of administrative litigation is as follows:
（1） I am dissatisfied with administrative penalties such as detention, fines, revocation of permits and licenses, orders to suspend production and business, confiscation of property, etc
（2） Those who are dissatisfied with administrative coercive measures such as restricting personal freedom or sealing, seizing, or freezing property;
（3） Believing that administrative agencies have infringed upon the operational autonomy stipulated by law;
（4） Those who believe that they meet the statutory requirements for applying to the administrative authority for issuing permits and licenses, but the administrative authority refuses to issue or does not respond;
（5） If an administrative organ refuses to fulfill its statutory duty of protecting personal and property rights, or fails to respond;
（6） Believing that the administrative authority has not lawfully issued a pension;
（7） Those who believe that administrative agencies illegally demand performance of obligations;
（8） Those who believe that administrative organs have infringed upon other personal and property rights.
2、 What are the conditions for filing a civil lawsuit in court?
（1） The plaintiff is a citizen, legal person, and other organization directly interested in this case;
（2） There is a clear defendant;
（3） Having specific litigation claims, facts, and reasons;
（4） Belongs to the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court being sued
3、 Can the defendant counterclaim the plaintiff?
The defendant may make an independent counterclaim against the plaintiff's claim, with the aim of offsetting or annexing the plaintiff's claim. For example, if A demands that B return the lost livestock, B files a counterclaim and demands that A compensate B for any losses incurred during the period of raising the livestock.
Counterclaims should pay attention to the following four points:
（1） A counterclaim should be based on this lawsuit. Without this lawsuit, there would be no counterclaim.
（2） The counterclaim and the main lawsuit must have the same nature and apply the same litigation procedure, and must be related to the main lawsuit.
（3） The parties shall file a counterclaim before the expiration of the evidentiary period.
（4） A counterclaim can only be filed with the same people's court that heard this lawsuit.
4、 Can the parties involved in a civil summary procedure file a lawsuit orally?
According to the law, if the plaintiff is unable to write a complaint in person and it is difficult to entrust someone else to write a complaint, they can file a complaint orally.
If the plaintiff files an oral lawsuit, the people's court shall accurately record the basic information, contact information, litigation request, facts and reasons of the parties, and register relevant evidence. The people's court shall read out the contents of the above records and registrations to the plaintiff in person, and the plaintiff shall sign or stamp them if deemed correct.