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I. Matters to be prosecuted
Article 12 1 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that the indictment shall record the following items:
(1) The name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, the name and domicile of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person;
(2) Information such as the name, gender, work unit and domicile of the defendant, and information such as the name and domicile of the legal person or other organization;
(3) the request and the facts and reasons on which it is based;
(4) Evidence and its sources, names and residences of witnesses.
Second, the conditions for prosecution.
Article 119th of the Civil Procedure Law of People's Republic of China (PRC) stipulates that prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
Third, the prosecution procedure.
1. The people's court hears civil cases in public, except those involving state secrets, personal privacy or otherwise provided by law. The parties concerned will be informed of the cases decided to be heard in court three days before the hearing.
Two, the trial is roughly divided into court investigation, court debate and evaluation, sentencing and other stages. If you apply for withdrawal, you need to explain the reasons. If you don't apply or your application is rejected, the trial will continue.
Three, in the court investigation stage, the presiding judge or judge will organize the parties to give evidence and cross-examine their respective requests and opinions in turn. Cross-examination means that the parties question, explain and refute the authenticity, relevance and legality of the evidence, as well as whether the evidence has probative force and its size.
Four, in the court debate stage, the presiding judge or judge will organize the parties around the facts of the case, legal responsibility, etc., to express their opinions on the focus of the dispute.
Five, in the appraisal and sentencing stage, the collegial panel or judge will summarize the trial situation, comment on the opinions expressed by both parties, show whether they support it or not, and explain the reasons.
Six, if you are the plaintiff, summoned by the court refused to appear in court without justifiable reasons, the court may dismiss the prosecution; If the defendant counterclaims, he may make a judgment by default.
Seven, as a party, in any litigation stage before the judgment, you can reconcile with the other party, or request the people's court to preside over mediation. If the mediation is not agreed or no mediation agreement is reached, the people's court will continue to hear and make a judgment.
Fourth, the role of complaints.
When a party submits a civil complaint to the people's court, the people's court will directly file a civil lawsuit after it decides to accept it after examination. The function of civil indictment lies in:
1. Litigation by the parties is the embodiment of their right to appeal, a way for them to safeguard their legitimate rights and interests and request judicial relief from the state, which is conducive to the due protection of their substantive rights according to law;
2, the complaint is a civil case accepted by the people's court, to be accepted;
3. The complaint is the basis for the people's court to mediate and hear civil disputes. Through the complaint, the court can understand the plaintiff's claim, facts and reasons, and lay the foundation for a fair and reasonable settlement of disputes;
4. The indictment is also the basis for the defendant to respond to the lawsuit.
Verb (abbreviation of verb) the content of a civil complaint
(1) title. Write a single line in the middle? Civil complaint? Or? Civil complaint? .
(2) Basic information such as the identity of the participants in the proceedings. If the plaintiff is a citizen, state his name, gender, age, nationality, place of origin, occupation, work unit and address. If the plaintiff is a minor under the age of 18, the name of the legal representative and the relationship with the plaintiff shall be stated. If the plaintiff is an organ, organization, enterprise or institution, the name and address of the unit shall be stated. Write the name and position of the legal representative every other line, and the legal representative shall be the main person in charge of the unit. If the plaintiff is a citizen or a legal person and has an entrusted agent, the name and position of the entrusted agent and the relationship with the plaintiff shall be stated in the next item of the plaintiff. The items and writing in the column of defendant are the same as those in the column of plaintiff.
(3) claim. This part mainly states the specific problems of requesting the people's court to solve the civil rights disputes demanded by the plaintiff according to law. Such as claiming losses, paying off debts, performing contracts, returning property rights, etc. The claims should be written clearly, concretely and concisely.
(4) Facts and reasons. This part is the main body and core part of the civil complaint, and it is an important basis for requesting the people's court to judge the rights disputes and disputes between the parties. Generally, write the facts first, and then write the reasons. The fact part mainly states the specific facts of the defendant's infringement or the specific contents of the dispute over the rights and interests of the parties, as well as the responsibilities that the defendant should bear. Including the time, place, reason, plot and course of the dispute, etc., should be clearly stated, among which the consequences and responsibilities caused by the defendant's infringement, as well as the focus and substantive differences between the two sides should be rewritten clearly. After the facts are clearly written, provide sufficient witness, material evidence, documentary evidence and other evidence sufficient to prove the plaintiff's prosecution. The reason part is to state the nature, consequences and responsibilities of the defendant's infringement or illegal behavior according to facts and evidence; At the same time, explain the policy and legal basis of the request, but we must pay attention to accurately and appropriately citing the law.
(5) The name of the people's court where the complaint is filed. You can write like this:? To this end, I hereby sue your hospital, please make a judgment according to law! Bring a lawsuit to the people's court? .
(6) The pledgee shall sign or seal, and indicate the date of complaint.
(7) appendix. The number of copies of this complaint shall be stated in turn; The name and quantity of documentary evidence and physical evidence; Name and address of the witness. date month year
Six, the civil complaint (style)
accuse
Plaintiff: name, gender, date of birth, nationality, education level, work unit, occupation and address. (If the plaintiff is a unit, the name of the unit, the name and position of the legal representative and the address of the unit shall be stated. )
Defendant: name, gender, date of birth, nationality, education level, work unit, occupation and address. (If the defendant is a unit, the name of the unit, the name and position of the legal representative and the address of the unit shall be stated. )
Requested items:
(clearly state the purpose of bringing a lawsuit to the court)
Facts and reasons:
(state the factual basis and legal basis of the prosecution or claim, including the evidence and the name and contact address of the witness)
I am here to convey
XXXX people's court
Plaintiff: (signature or seal)
XXXX year x month XX day
Attachment: 1 X copies of this indictment (the number of copies is determined according to the number of defendants);
2.XX pieces of evidence;
XX copies of other materials.
(Note: The format of the indictment in civil, administrative and criminal private prosecution cases is basically the same)
Seven, civil complaint (model)
accuse
Plaintiff? City? District? Company, address: city? District? Road? Number,
Legal Representative: It is the manager of this company.
Defendant? City? District? Shop, address:? City? District? Street? Number,
Legal representative: manager of department store.
ask
1. The defendant was ordered to repay the plaintiff's payment of 30,000 yuan.
2. The defendant was ordered to compensate the plaintiff for the loss of interest due within three months.
3. The defendant was ordered to compensate the plaintiff for all the losses caused by the lawsuit, including legal fees and attorney fees.
Facts and reasons
The plaintiff and the defendant agreed on June 8, 20xx 10 that the defendant would buy 200 boxes of xifeng liquor from the plaintiff, with a value of RMB 30,000. The plaintiff delivered 200 cases of xifeng liquor to the defendant on June 65438+1October 65438+September of that year, and the defendant immediately wrote the plaintiff a transfer check of 30,000 yuan. The next day, when the plaintiff went to the bank to transfer the check, the defendant's bank informed the plaintiff that the deposit in the defendant's account was only 12000 yuan, which was not enough to pay off the payment. Due to the defendant's overdraft, this check was dishonored by the bank. When the plaintiff asked the defendant to pay again, the defendant refused to pay unreasonably. Later, the plaintiff negotiated with the defendant for many times, but the defendant refused on the grounds that the manager was absent.
According to the first paragraph of Article 106 and the seventh paragraph of Article 134 of the General Principles of Civil Law of People's Republic of China (PRC), the defendant shall bear civil liability, and the plaintiff has the right to demand the defendant to repay the loan and compensate all the economic losses caused to the plaintiff by the defendant's breach of contract.
Names and addresses of witnesses, names and sources of other evidence.
1. 1 receipt signed by the defendant after receiving the goods.
2. The bank returned the cheque 1 drawn by the defendant.
3. Receipts of fees from courts and law firms? Zhang (surname)
I am here to convey
? district people's court
Prosecutor:? City? District? Company (official seal)
legal representative
Oxx year 1 1 20th.
Attachment: 1 1 copy of this certificate;
2. documentary evidence? Share it.