Plaintiff: * * male, aged * *, domicile:No. * * Road 1, District, Province. Current residence: Building * * * * * of * * * * Factory in * * * *100/room. Tel: * * * * * * * *.
Authorized Agent: * * *, female, lawyer of * * Law Firm, telephone number: * * * *
Defendant * * *, male, aged * *, whose domicile isNo. * * Gate, Building 2, District * * of * * City. Current residence: Building * * * * * of * * * * Factory in * * * *100/room. Tel: * * * * *.
Litigation request:
1, and sentenced the defendant to repay the plaintiff's arrears of 900,000 yuan;
2. Adjudicate the defendant to bear the litigation costs and delivery costs of this case.
Facts and reasons:
On xx, xx, xx, the original debtor * * transferred the debt of 900,000 yuan owed to the plaintiff to the defendant, and the defendant agreed to bear it, and issued a repayment commitment letter to the plaintiff on the spot, promising to repay the debt on XX, XX, XX, XX, 200. If it cannot be repaid, it shall be repaid directly at the price of all its houses. The plaintiff also agreed. However, the defendant neither repaid the debt within the agreed time limit nor transferred his house to the plaintiff's name as agreed, which seriously damaged the plaintiff's legitimate rights and interests.
To sum up, in order to safeguard their legitimate rights and interests, the plaintiff filed a lawsuit in your hospital in accordance with the provisions of the General Principles of Civil Law, Contract Law and Civil Procedure Law of our country, requesting a judgment according to law.
I am here to convey
* * District People's Court of * * City
Prosecutor: * * *
* * Year * * Month * * Day
Complaint of economic dispute 2 Plaintiff: XX Industrial Research Institute of XX City. Address:No. XX Road, XX City.
Legal representative: ×××, dean.
Authorized Agent: ×××, director of development department of our institute.
Authorized Agent: lawyer of XX Law Firm in XX City.
Defendant: XX Pharmaceutical Factory in XX City. Address:No. XX Road, XX District, XX City.
Legal Representative: ×××××, director.
Requested items:
1. The defendant shall continue to perform the contract and pay the plaintiff an experimental technology transfer fee of 250,000 yuan.
2. The defendant shall be liable for breach of contract and compensate the plaintiff for economic losses.
The defendant should bear all the litigation costs.
Facts and reasons:
The plaintiff ××× Industrial Research Institute and the defendant ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× After the day × month × day × day × day × day × day × day × day × day × day × day × day × day × day × day × day × day, Party B shall pay Party A RMB 50,000 in advance. Pay Party A 50,000 yuan at the beginning of the small trial, and then pay Party A 50,000 yuan after the trial. After that, I will pay back 50 thousand every month and pay it off within three months. After the contract came into effect, the defendant paid 50 thousand yuan in advance according to the contract; The plaintiff also provided the defendant with the technical data and laboratory technology of amikacin as required. Later, the defendant came to the plaintiff to do a small experiment review, and should pay 50 thousand yuan according to the contract, but the defendant did not deliver it. At that time, considering the friendly relationship between the two sides, the plaintiff did not ask for an experiment after paying the money in person. The defendant sent people into the laboratory and conducted three small tests in succession. However, the defendant did not pay at the beginning of the experiment, and the 50,000 yuan payable according to the regulations was not delivered after the experiment. The defendant even put forward some requirements that were not in the contract during the experiment. When the plaintiff had a slight objection, the defendant accused the plaintiff of failing to perform the contract. In fact, the defendant did this just to find an excuse for not performing the contract. Later, in order to solve the problem properly, the plaintiff sent the person in charge of the relevant office to Beijing to negotiate with the defendant, hoping that the original good relationship between the two parties would not be harmed and asked the defendant to act according to the contract, but the result was not resolved. After that, the plaintiff entrusted XX Law Firm to write to the defendant, asking its legal representative or relevant personnel to come to Shanghai for negotiation and settlement. However, the defendant is still insincere, delaying and shirking, and has not responded so far.
Therefore, the plaintiff had to bring a lawsuit to the people's court. According to the first paragraph of Article 6 of the Economic Contract Law of the People's Republic of China, the defendant shall be liable for breach of contract, continue to perform the contract, pay the experimental technology transfer fee owed to the plaintiff of 250,000 yuan, and compensate the plaintiff for economic losses. In order to safeguard the legitimate rights and interests of the plaintiff, please make a judgment according to law.
I am here to convey
Xx Intermediate People's Court
Tangible person: XXX Industrial Research Institute (official seal)
Legal Representative: ×××, Dean (signature)
20 ××××× Year××× Month× Day
Attached:
1 6 copy of this indictment
2, 5 copies of documentary evidence
3. 4 copies of physical evidence
Complaint of economic dispute 3 Plaintiffs: xx-x (name), xx-x (gender), xx-xx, Han nationality, education level xx-xx, work unit xx-xx, position xx-xx, address XX-XXX-XXX-XX.
Defendants: xx-x (name), xx-x (gender), xx-xx (name), xx-xx, Han nationality, education level xx-xx, work unit xx-xx, position xx-xx, address XX-XXX-XX.
Requested items:
1, and sentenced the defendant to repay the arrears of xx-x yuan and interest of XXX yuan.
The defendant was sentenced to bear all the litigation costs of this case.
Facts and reasons:
On * *, 2000, the debtor * * borrowed RMB 10,000 from the plaintiff and wrote an IOU to the plaintiff on the spot. However, after the repayment date, the defendant refused to repay the debt for various reasons and excuses, which seriously damaged the legitimate rights and interests of the plaintiff.
We now appeal to the court to order the defendant XXX to repay the plaintiff XXX RMB X million and pay interest to safeguard the plaintiff's legitimate rights and interests.
I am here to convey
XXXX people's court
Plaintiff: xx-x
XXXX year x month XX day
Attached:
1. X copies of this indictment (the number is determined according to the number of defendants);
Two, a copy of the evidence (IOUs as evidence);
Complaint of economic dispute 4 Plaintiff: (full name, address, postal code, telephone number)
Legal representative: (name, position, contact address and telephone number)
Agent ad litem: (name, position, contact address and telephone number)
Defendant: (name, contact address and telephone number)
Cause of action:
Litigation request:
1. ordered the defendant to repay the plaintiff's purchase price of RMB _ _ _ _;
2. Order the defendant to pay the plaintiff a penalty of RMB _ _ _ _ _;
3. The defendant was ordered to bear the litigation costs of this case.
Facts and reasons:
Here, the time, place, circumstances (whether the two parties have signed a written contract), the focus of the dispute, the reasons for prosecution and the legal basis should be made clear.
I am here to convey
_ _ _ _ Court
Plaintiff: _ _ Company (official seal)
_ _ _ _ _ _ _ _ _ _ _
Attachment: (Relevant evidence)
1. 1 indictment;
2. 1 Copy of the identity certificate of the legal representative;
3. 1 power of attorney;
4. 1 copy of the plaintiff's bank loan and its interest rate certificate;
5. 1 purchase and sale contract;
6. 1 copy of the plaintiff's business license;
7. The defendant owes 1 copy.
Complaint of economic dispute 5 Plaintiff: XX Company in XX District, XX City.
Address:No. XX Road 10, XX District, XX City
Legal Representative: ×××××, manager of this company.
Defendant: XX Store in XX District, XX City.
Address:No. ×× Street, XX District, XX City
Legal Representative: ×××, manager of department store.
Cause of action: recourse for payment and compensation for losses.
Litigation request:
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.
Litigation 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. The check was dishonored by the bank because the defendant overdrawn. 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.
Evidence and sources of evidence:
1. 1 receipt signed by the defendant after receiving the goods.
2. The bank returned the cheque 1 drawn by the defendant.
3. XX copies of the receipt of fees from the court and law firm.
I am here to convey
Xx District People's Court
Plaintiff: XX Company, XX District, XX City (official seal)
November 20th, 2005
Attachment: 1. 1 copy of this certificate;
2. x copies of documentary evidence.
Complaint of economic dispute 6 Plaintiff:, male, born in, address:, telephone number.
Defendant: male, born in, address:, telephone number.
Litigation request:
1. Request the people's court to judge the defendant to repay the plaintiff's principal and interest of 78,470 yuan according to law;
2. The defendant was judged to pay the plaintiff a penalty of 665,438 yuan +0.200 yuan;
3, the plaintiff to realize the creditor's rights and entrust a lawyer's fee of 3000 shall be borne by the defendant;
4. Other relevant expenses incurred in this case shall be borne by the defendant.
Facts and reasons:
On May 4th, 20xx/kloc-0, the defendant * * * * borrowed 120000 yuan from the plaintiff * * * *. The two parties agreed that the defendant would pay off the loan to the plaintiff one hour before the bank closed on the afternoon of June 14, 20xx, and the transportation fee would be added after the bank closed 100 yuan; The above-mentioned loan is an interest-bearing loan, and the interest will be calculated at the rate of 3% every month from the date when the defendant receives the above-mentioned money.
If the defendant fails to return the loan to the plaintiff in time at the expiration of the loan period agreed by both parties, it shall be deemed that the defendant has breached the contract, and the defendant shall compensate the plaintiff 200 yuan for each day overdue. At the same time, the defendant handed over the legal assets under his name to the plaintiff for debt settlement, and unconditionally cooperated with the plaintiff to handle the auction, change, bank mortgage and other related procedures. At the same time, all expenses incurred by the plaintiff to realize the creditor's rights, including court fees, execution fees, attorney fees and other related expenses, shall be borne by the defendant.
The defendant returned 60,000 yuan to the plaintiff by bank transfer on 20xx65438+1October 65438+February.
According to "Several Opinions of the Supreme People's Court on People's Courts Handling Lending Cases", the interest rate of private lending can be appropriately higher than the bank's interest rate, but it shall not exceed 4 times of the bank's loan interest rate for the same period.
Accordingly, the plaintiff demanded that the two defendants return the principal of 60,000 yuan, plus interest of18,470 yuan, liquidated damages of 6 1200 yuan, and legal fees of 3,000 yuan. All items are 65438 yuan +042670 yuan.
According to the loan agreement and the provisions of Article 25 of the Civil Procedure Law of People's Republic of China (PRC), our bank filed a lawsuit in your hospital, requesting to safeguard the plaintiff's rights according to law.
I am here to convey
People's court
Prosecutor:
date month year
Attached:
1, this indictment is made in triplicate;
2. A copy of the loan agreement;
3. A copy of the receipt;
4. Several originals of the defendant's identity card;
5. Other evidence;
The law does not stipulate that the complaint must be written by a lawyer. In fact, many people choose to draft their own complaints. However, this method has a drawback, that is, ordinary people are more likely to miss some claims, which is not good for themselves. Therefore, I suggest that when writing legal documents such as complaints, it is best to entrust professional lawyers to write them.
Complaint of economic dispute 7 Plaintiff: Ou xx, male, Han nationality, born on xx 19xx, a villager of xx group in xx village, xx town, xx county, with ID number xx and telephone number xx.
Defendant: Ou xx, male, Han nationality, 19xx, born on xx, xx village, xx town, xx county, with ID number xx and telephone number xx.
Cause of action: private lending dispute.
Litigation request:
1. According to the law, the defendant was ordered to immediately repay the plaintiff's loan principal of X million yuan and interest (note: interest is calculated until the debt is fully paid off. At present, it is temporarily calculated from 20xx months to the date of prosecution, that is, 20xx months, and the interest is calculated at one fifth of the month, ***xxxx yuan only);
2. The litigation costs of this case shall be borne by the defendant.
Facts and reasons:
Both the defendant and the defendant are villagers in the same village. On xx, xx, XX, the defendant borrowed money from the plaintiff for the need of capital turnover. Out of desperation, the plaintiff took out all his savings of X million yuan and lent it to the defendant together with the loan of X million yuan from others, and the defendant issued an iou. The IOU states: borrow cash of X million yuan, loan period of X months, monthly interest of 1.5, and overdue interest of 8 points. The defendant paid the plaintiff x months' interest. By the end of 10 in the same year, the defendant repaid the plaintiff's loan principal of X million yuan in three installments. Since then, the defendant has neither paid interest to the plaintiff nor repaid the loan principal. The plaintiff repeatedly asked the defendant to pay off the principal and interest of the loan, but failed. The defendant is still avoiding the plaintiff.
The plaintiff believes that the legal loan relationship should be protected by law and the debt should be paid off. The defendant's behavior of avoiding the plaintiff and refusing to repay the money not only violates the good faith, constitutes a breach of contract, but also infringes on the plaintiff's legitimate rights and interests.
To sum up, in order to safeguard the legitimate rights and interests of the plaintiff, I hereby appeal to your hospital and sincerely hope that the judgment will be made as requested.
I am here to convey
Xx county people's court
Witness (signature): xxx
Xx，xx，XX，XX
Economic Dispute Complaint 8 Description of Civil Complaint Writing: Article 1 12 of China's Civil Procedure Law stipulates: "If the people's court accepts a complaint or an oral lawsuit and meets the acceptance conditions stipulated in this Law after examination, it shall file a case within 7 days; If it does not meet the acceptance conditions stipulated in this law, it shall notify the plaintiff within 7 days that it will not accept it and explain the reasons. "
China's courts set up economic courts and civil courts to hear ordinary civil cases and economic cases (mainly referring to cases brought by legal persons or other organizations). The following is the format of civil complaint used by legal persons or other organizations. Because of the particularity of economic litigation, the plaintiff is required to give his own bank account number, industrial and commercial approval registration number, as well as the nature, business scope and mode of the enterprise, so that the court can obtain evidence and contact.
Format of civil complaint:
Plaintiff's name: address:
Name of Legal Representative (or Representative): Position: Tel:
Nature of enterprise: industrial and commercial registration approval number:
Scope and mode of business:
Bank of deposit: account number:
Defendant's name: address:
Name of Legal Representative (or Representative): Position: Tel:
Litigation request:
Facts and reasons:
Evidence and sources of evidence, names and addresses of witnesses
I am here to convey
People's court
Prosecutor:
date month year
Filling instructions
1. Party column, indicating natural conditions. A natural person shall state his name, gender, age, nationality, work unit and address. A legal person or other organization shall specify its name, domicile, name and position of its legal representative or person in charge, and fill it in accurately, especially in the name column. The address should be as detailed as possible, accurate to the house number. It is best to indicate the zip code and communication method. (The following documents have the same requirements for all parties)
2. Causes of litigation. Mainly state the legal relationship and disputes between the parties.
3. Litigation request. Mainly state the disputed rights and interests and the disputed facts, and request the people's court to solve the specific matters related to the civil rights dispute requested by the plaintiff according to law.
4. Facts and reasons. In the fact part, we should fully reflect the objective and true situation of the facts of the case.
5. At the end of the indictment, if the party concerned is a natural person, it shall be signed by himself; if it is a legal person or other organization, it shall be signed by the legal representative or person in charge and stamped with the official seal of the unit. Fill in the date accurately.
Examples of civil complaints (loans)
Plaintiff: Zhang Datong, male, Han nationality; Born on June 8, 1978, lives in Group 2, XX Village, XX Town, Gangbei District, Guigang City. Tel: 1 10754444.
Defendant Xu Sanduo, male, Han nationality,1born on June 28th, 974, lives at No.7-1,Building 2, No.242 XX Road, Gangbei District, Guigang City.
ask
1. The defendant was ordered to immediately repay the loan principal of 534,000 yuan and interest of 37,000 yuan, totaling 57 1 1,000 yuan.
The defendant was sentenced to bear all the litigation costs of this case.
Factual reason
On September 20XX 14, defendant Xu Sanduo borrowed RMB 534,000 (in words: RMB 534,000 only) from plaintiff Zhang Datong in the name of doing business. The plaintiff repeatedly asked the defendant to repay, and the defendant refused to repay under various excuses. In the case that the defendant was unable to repay the loan, in 20xx, the plaintiff agreed that the defendant would pay off the loan before the end of 20xx, and issued an iou as evidence. From the time when the plaintiff agreed to extend the time limit to the date of prosecution, the defendant still failed to fulfill the repayment obligation. Because of the defendant's behavior, it caused great economic losses to the plaintiff's life.
In order to protect the legitimate rights and interests of the plaintiff. According to Article 108 of the Civil Procedure Law of People's Republic of China (PRC), we hereby file a lawsuit with the people's court, requesting the people's court to support the plaintiff's claim according to law.
I am here to convey
Guigang gangbei district people's court
Tangible person: Zhang Datong.
20XX March 5th
Attachment: this complaint 1 copy.
Interpretation of common problems in civil indictment and correction of misunderstandings
1. Requirements for paper, pen and ink. At present, the paper type of complaint generally requires A4 paper. At the same time, since the case materials tried by the court need to be archived for a long time, it is best to print the complaint in black, or write it with a carbon pen, a black signature pen, a black or basket black pen or a brush. But you can't write with printed books, pencils, ballpoint pens or red pens, so that the court can keep them for a long time. If the above requirements are not met, the court will not file a case.
2 "parties" column, should indicate the name (including the previous name), the current name is different from the name on the ID card, the name on the ID card shall prevail; Because some cases are related to the specific age of the parties, it is best to specify the specific date of birth. If you really don't know the date of birth of the defendant or the third party, you can specify their age or approximate age; Indicate the specific unit and address or office address so that the people's court can serve relevant legal documents; Specify specific contact information such as telephone number as far as possible, so that the people's court can inform the court of relevant litigation matters by telephone or other means.
3. On the issue of minor litigation, the plaintiff himself is a minor, and the law stipulates that "a person without capacity shall be represented by his guardian". In this case, parents are not plaintiffs, but legal representatives. So when writing a complaint, don't write your parents as plaintiffs. Similarly, in cases where the infringer is a minor, only the infringing minor is the defendant, and his legal representative or guardian shall be specified.
4 "creditor's rights" column, should indicate the specific creditor's rights. Fully reflect the "specific" requirements stipulated by law, otherwise, when public prosecution is initiated, the court will ask for a new prosecution. For example, if we only say "ask the defendant to compensate for the loss" without specifying the specific amount requested, the court will not file a case. If there are multiple claims, they should also be listed separately.
5. The cause of action, the cause of action is decided by the people's court according to the Supreme People's Court's Provisions on the Cause of Action of Civil Cases combined with the litigation request, which is not the content determined by the parties' prosecution.
Many scholars and even lawyers advocate stating the specific cause of action in the civil complaint, but I object. The reason is that the court judgment must specify the cause of action, but the indictment does not require that the specific cause of action must be specified, and the provisions of the cause of action are constantly enriched and supplemented. At present, there are hundreds of causes of civil cases, which are often difficult for professional judges or lawyers to accurately grasp. If the cause of action is wrong, it may directly lead to the loss of the case. This kind of example is not uncommon in practice. Therefore, this case is left to the judge to decide.
6. Facts and reasons are the main contents of the complaint, which should closely focus on the litigation request and generally include six elements, namely, time, place, person, event, reason, result and evidence. Because every sentence in this part is to prove the legitimacy and rationality of the plaintiff's claim, or to prove the illegality and breach of contract of the other party's behavior, writing should be based on stating facts and reasons, and the details should be appropriate, not as long as writing a report; At the same time, don't use excessive or insulting language. The simpler the better, "the facts are clear" and "the reasons are sufficient", because the workload of judges is relatively large now. If the indictment is too long, regardless of priorities, and the moral and emotional elements are too strong, it will not only arouse the judge's disgust, but also show that the prosecutor's quality is "poor" and it is difficult to concentrate, which is very unfavorable to himself. We should be good at simplifying complicated things. This simplicity is a process of summing up wisdom, and it is also a complicated and tempered process.
7. As for the evidence, some people advocate submitting the evidence to the court with reservations, in order not to let the other party know all the information, to give the other party a "surprise attack" and to make the other party "unprepared". This is the past practice. After the implementation of the evidence rules of the Supreme Court, it is required to submit evidence to the court during the period of giving evidence, and the evidence submitted after the time limit may not be allowed to be cross-examined, let alone accepted by the court. Therefore, it is absolutely forbidden to submit evidence to the court without reservation.
Because evidence is generally exchanged before the court, the evidence and its source, the name and address of the witness are generally not specifically written in the complaint, and only the "copy of relevant evidence" is briefly mentioned after the complaint. If there is a lot of evidence, it is best to make a list (table) of evidence in a certain order, and briefly explain the main problems of each evidence, so as to be clear at a glance.
In addition, it is necessary to pay special attention to the fact that the evidence submitted to the court is preferably a copy. If some courts require the submission of the original, we should pay attention to asking the court to issue a "receipt" for receiving specific evidence to prevent it from being "lost" for subjective and objective reasons.
8 to determine the jurisdiction of the court (court), it should comply with the law "belongs to the scope of the people's court to accept civil litigation and the jurisdiction of the people's court". If it belongs to arbitration (including labor dispute arbitration), administrative reconsideration or criminal private prosecution, it cannot bring a civil lawsuit to the court. Even if a lawsuit can be brought to the court, the complaint should be submitted to the people's court with jurisdiction. Generally, the court of jurisdiction is determined by the location of the defendant, the place where the infringement occurred, the place where the contract was signed, the place where the contract was performed, and the place where the real estate was located. At the same time, according to the nature and size of the case, there is still the problem of hierarchical jurisdiction. Because of the objective existence of "local protectionism", it is very important to choose a court with jurisdiction in litigation. For example, the Supreme Court stipulates that "grass-roots courts under the jurisdiction of Guangzhou and Shenzhen shall have jurisdiction over cases where the subject matter of the dispute is less than 6 million yuan (excluding this figure, the same below)". If the plaintiff's claim is about 6 million yuan, he can claim 60 1 000 yuan or 5.99 million yuan in the indictment to determine the court at a favorable level. In practice, in order to let the cases be tried by the grass-roots courts, 9 million cases are divided into two cases of more than 4 million yuan each according to the specific circumstances of the cases and prosecuted in the grass-roots courts. Specific issues will be analyzed and discussed in the following examples.
9. Specific person (prosecutor) part, if a natural person files a lawsuit, it shall be signed by himself; The official seal of a legal person or other organization shall be affixed. No financial seal or contract seal is allowed.
10. The number of copies of the attached complaint shall be the same as the number of litigants, and shall be submitted according to the number of defendants and third parties when filing the case. It should be emphasized that the prosecutor himself should not forget to keep a copy.