Complaint Form 1 Complainant: name, gender, date of birth, nationality, education level, work unit, occupation and address. (If the complainant is a company, the name of the company, the name and position of the legal representative and the address of the company shall be stated. Respondents: name, gender, date of birth, nationality, education level, work unit, occupation and address. (If the respondent is a unit, the name of the unit, the name of the legal representative, position and address of the unit shall be stated. )
The complainant refused to accept the judgment of xxxx no. XXXX XX people's court (specify the name of the original court of final appeal) is appealing the case of XXXX (specify the cause of action, that is, the nature of the dispute). The appeal request and reasons are as follows:
Requirements: (specify the purpose of the complaint)
Facts and reasons: (state the factual basis and legal basis of the complaint, identify the facts according to the original final judgment, the problems existing in the applicable law or trial procedure and the reasons for misstatement)
XXXX people's court
Complainant: (signature or seal)
XXXX，XXXX，XX，XX
Form of Petition 2 The law does not provide for the making of civil petitions. According to the actual needs of the trial and the similarity between civil application for retrial and civil application for retrial, the production of civil application for retrial can refer to the production of civil application for retrial. The key points of production are as follows:
Title:
(1) Civil complaint with document title.
(2) The basic information of the complainant and the respondent, after their identity or related basic matters, should indicate their litigation status in the original trial or the final trial.
(3) Cause of action: indicate the name of the appeal case, the name of the people's court that made the effective judgment or ruling, the number of the judgment or ruling, and the date of production, indicating the attitude of refusing to accept the judgment and filing a complaint.
Text:
Explain the request and factual reasons for the complaint.
(1) Request: Summarize what problems the people's court is requested to solve, and explain the required purpose in principle.
(2) Facts and reasons: first, clearly and specifically write out the mistakes in the effective judgment and ruling, then comprehensively, objectively and accurately state the relevant facts of the case, and specifically list the relevant witnesses, physical evidence, documentary evidence and key evidence clues; You can also briefly explain the case first, and then point out the mistakes of the original referee according to the facts. According to the provisions of relevant laws and regulations, on the basis of summarizing the facts, this paper briefly analyzes the inaccuracy of the effective judgment in determining the facts, the improper application of the law or the improper proceedings, so as to introduce reasonable and legal requests.
Tail:
(1) Send the name of the people's court.
(2) Signature and seal of the complainant.
(3) date of appeal.
(4) Appendices: Appendices of effective judgments and rulings and relevant evidential materials supporting their appeals.
When filing a civil complaint, we should pay attention to:
(1) Facts and evidence must be true and reliable;
(2) refute the mistakes in the effective judgment in a centralized way, and cite appropriate and correct laws to prove and analyze the appeal arguments, which shall not be targeted and unfounded;
(3) The request shall be legal and reasonable.
Complainant: xxx
20xx year x month x day
Complainant: xx, female, 46 years old, Han nationality, farmer. I live in Group 1 Gaoxing Village, Chengxi Town, Dianjiang County, Chongqing, and my ID number is.
Appeal requirements:
First, I want Wu Yuansheng's medical records and death certificate.
Second, solve the residents' conditions.
Three, to the one-child fee
Facts and reasons:
1. The complainant's husband Wu xx, 19xx joined the army. After completing military service in xx, Heilongjiang, after the expiration of three years' compulsory service, the leader of the army turned to be a volunteer in view of Wu Yuansheng's performance: 19xx In September, the army sent a telegram to the complainant, asking him to rush to the army as soon as possible, saying that Wu Yuansheng was suddenly ill and Wu Yuansheng had died after the complainant arrived at the army. The army leader only said that he died of illness. After that, the army did not show the complainant the "medical record" of Wu Yuansheng and the "death certificate" of the hospital. What is hidden behind this? Is the complaint difficult to understand?
The cause of Wu xx's death is unknown, and it is also stipulated in the second paragraph of Article 8 of the State Council (No.8) Regulations on Pension and Preferential Treatment for Servicemen (implemented in August 1988 and 1): "When conscripts and other servicemen whose monthly salary is lower than the salary standard of active-duty officers die, they will be given a one-time pension to other family members according to the salary standard of active-duty officers." The army only paid the complainant 1000 yuan. Is it in line with the regulations?
2. According to Item (1) of Article 36 of the Regulations on Pensions and Preferential Treatment for Soldiers (Order No.8 of the State Council): "If the families of active-duty officers and volunteers who are not attached to the army have difficulties in housing, they will be treated as dual employees of their own units; If the family has no work unit, it will be solved by the local housing management department. "
However, the complainant has an old-fashioned house of 60 square meters. After his death, the complainant had to raise his child Wu and serve his mother (now 74 years old, the wife of a martyr). The economy is very difficult, and he has no money to maintain the house, which has become a crisis. Local governments are always worried: "local governments have no money, so you are looking for troops?" "The complainant asked for a shelter from the wind and rain!
When Wu Yuansheng died, his son Wu was only over one year old, and now he is an adult. He inherited his father's ambition to join the army, but the local government said that the one-child allowance was paid by the army. The complainant is still unmarried, so as not to discredit the soldiers. According to Article 4 1 (2) of the Constitution, he appealed to the military leaders, so please close the case quickly.
Complainant: Family of Martyr xx
20xx year x month x day