How to write an indictment is very important for learning how to write an indictment. Indictment refers to the legal document that the procuratorial organ prosecutes the criminal defendant and requests the court to make a substantive trial of the criminal defendant. The indictment has many formats. The following is how to write an indictment for sharing.
How to write the indictment 1 1, plaintiff's name, gender, age, nationality, occupation, work unit, address and contact information, name and domicile of legal person or other organization, name, position and contact information of legal representative or principal responsible person.
2, the defendant's name, gender, work unit, domicile and other information, the name and domicile of a legal person or other organization and other information.
3. Litigation request and the facts and reasons on which it is based: In the litigation request, what are the specific requirements for the plaintiff to file a lawsuit and ask the people's court to solve the civil rights dispute, and list them one by one.
Write clearly and specifically, such as demanding compensation for losses, repaying debts, fulfilling contracts, demanding divorce from the defendant, paying alimony, inheriting inheritance, etc. The requirements should be reasonable and practical. In the part of facts and reasons, we should write the basic facts of the dispute clearly and seek truth from facts. When describing the facts, it is required to use civilized language, do not use insulting or personal offensive words, and list conclusive evidence as much as possible.
4. Evidence and sources of evidence, names and residences of witnesses: If the plaintiff holds relevant evidence, it may submit it to the court together with the complaint; If the evidence is not in the hands of the plaintiff, the plaintiff should provide the court with relevant clues of the evidence, the name and residence of the witness, etc. In order to facilitate court investigation and evidence collection.
The above four items are the main contents of the civil complaint. In addition, you need to specify the name of the complaint and the end of the complaint. That is, write "indictment" in the middle of the first line of the first page of the indictment, and write the name and number of the court submitted by the indictment at the end, which shall be signed or sealed by the prosecutor and dated. After the above requirements are completed, the complaint and relevant evidence materials can be submitted to the court for prosecution.
How to write the indictment 2 1, the first part.
Including the title, the identity of the parties (including agents and representatives), the cause of action, etc. The title should indicate the nature of the case and the name of the document, such as "criminal complaint", "civil complaint" or "administrative complaint".
The parties include the plaintiff and the defendant. When writing, the name, gender, age, nationality, native place, occupation, work unit and address shall be stated in the order of plaintiff first and defendant later.
If it is an organ, organization, enterprise or institution, the full name, location, name and position of the legal representative of the unit shall be stated. The cause of action should indicate the name of the case, such as divorce, inheritance, damages, etc.
2, the text.
Including the request, facts and reasons. The litigation request shall specify the specific matters of requesting the court to resolve disputes over civil, criminal or administrative rights and interests, such as divorce from the defendant, compensation for losses, performance of the contract, etc.
Facts and reasons should first state the facts of infringement or crime and the specific content of the dispute between the two sides, and clearly state the time, place, personnel, means, course of the plot, consequences and harm, respective responsibilities and substantive differences.
Then, explain the reasons according to the facts and evidence. The specific writing can be divided into two parts: write the facts first, and then write the reasons. It can also be divided into two parts, depending on the situation.
3. Tail.
Write a separate line at the bottom of the text to indicate the delivery authority, and then sign or seal at the bottom right to indicate the specific year, month and day. If it is a lawyer or other person, the name and work unit of (writer) should be stated.
4. Additional items
The number of copies of the complaint, the type, name and quantity of the evidence, and the name and address of the witness shall be clearly stated.
How to write the indictment 3. How to write the indictment of arrears
The arrears indictment shall include the following contents:
(1) Basic information of the parties. Citizens shall specify their name, gender, age, nationality, work unit, position, address and contact information; The legal person shall specify the full name, domicile, name and position of the legal representative, name and position of the entrusted agent, and the lawyer shall specify the law firm where he is located;
(2) Having specific and clear opinions;
(3) Having the facts and reasons on which the prosecution is based;
(4) Evidence and sources of evidence;
(5) The signature and seal of the parties and the date of signature.
Second, the mode of arrears prosecution.
Demonstration paper on arrears prosecution
Plaintiff: _ _ _ _ _ _ _, male, Han nationality, born on _ _ _ _ _ _ _.
Defendant: _ _ _ _ _ _ _, male, Han nationality, born on.
Defendant: _ _ _ _ _ _ _, male, Han nationality, born on _ _ _ _ _ _ _.
Litigation request:
1. Request the court to order the defendant to pay the plaintiff the overdue installation fee of 4,000 yuan.
2. All litigation costs in this case shall be borne by the defendant.
Facts and reasons:
Defendant Li _ _ _ _ entrusted Defendant Yang _ _ _ to find gypsum wall installer. On xx 7th, 20___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Defendant Yang _ _ _ _ _ _ _ _ paid the advance payment on xx 8th, then paid RMB 2,000 on xx 12 and RMB 3,000 on xx 15, and then refused to pay the rest. On xx, xx, xx, the plaintiff asked the defendant Yang _ _ _ _ to settle accounts, but the defendant Yang _ _ _ _ not only ignored it, but also asked others to beat the plaintiff. The plaintiff called X20, and after mediation by the police, the defendant Yang _ _ _ _ _ agreed to pay all the medical expenses caused by the plaintiff's beating and injury, and pay off the labor fees owed within one week. The defendant Yang _ _ _ _ _ _ _ _ paid 700 yuan the medical expenses on the spot, and measured the working area with the plaintiff on February 4, 65438. It is determined that the gypsum wall installed by the plaintiff covers an area of 274.52 square meters, the installation cost is 1573. 12 yuan, and the medical expenses are 1069. After negotiation, both parties agreed that the remaining debt of 4,000 yuan should be paid by the defendant Yang _ _ _ _. But to this day, the defendant has not paid the remaining arrears of 4,000 yuan.
To sum up, the plaintiff installed gypsum walls for the two defendants, which essentially formed the employment relationship between the plaintiff and the defendant. According to the Labor Law and other relevant laws and regulations, the plaintiff enjoys legal rights. Defendant Li is an employer, and Defendant Yang is an employer. Therefore, in order to safeguard their legitimate rights and interests, the plaintiff now files a lawsuit and requests the court to uphold justice.
Zhezhi
_ _ _ _ City _ _ District People's Court
Tangible person: _ _ _ _ _ _
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