Content, format and writing of civil indictment

A civil complaint shall be in accordance with the provisions of Article 110 of the Civil Procedure Law. "A complaint shall contain the following items:

(a) the name, sex, age, nationality, occupation, work unit and address of the party concerned, the name of the legal person or other organization, and the name and position of the legal representative or principal responsible person; (2) the request and the facts and reasons on which it is based; (3) Evidence and its sources, names and residences of witnesses. "This legal provision highly summarizes the contents of the civil complaint. According to this law, the general structure and content elements of civil complaint are as follows:

1 title. Write "civil complaint" or "civil complaint".

(2) Basic information of the parties. The parties to a civil action include the plaintiff and the defendant. Write the plaintiff first, then the defendant, and indicate the name, gender, age, nationality, native place, occupation, work unit and address in turn. If the party concerned is an enterprise, institution, organ or organization, the name and location of the unit shall be stated in the first item, and the name and position of the legal representative shall be stated in the second item. When there are several parties, they should be written in turn and arranged according to the size of rights and obligations. Plaintiffs with great rights and defendants with great obligations should be listed first, and then listed in order. The basic situation is also written like this. If there is an agent ad litem, the name, unit and position of the appeal agent may be separately stated in the names of both parties.

If a third party participates in the litigation, the name and basic information of the third party shall be stated after listing the parties, and the relationship between the third party and the original defendant shall be proved according to the needs of the case.

(2) Text

Requested matter requested matter, that is, the cause of action. Mainly state the disputed rights and interests and disputed things, that is, request the people's court to solve the specific matters related to the civil rights dispute requested by the plaintiff according to law. Such as requesting the people's court to deal with damages, debt settlement, contract performance, divorce from the defendant, payment of alimony, inheritance and other matters. In divorce cases, the request for divorce from the defendant should be stated first; Secondly, it is necessary to clearly put forward opinions and requirements on child support and property division.

The facts and reasons shall contain the following contents:

(1) Facts: It is necessary to comprehensively reflect the objective and true situation of the facts of the case around the purpose of litigation. The narrative should be complete, and the six elements of civil case facts should be explained. That is, time, place, people, events, causes and effects; The narrative should be true. The indictment is one of the important bases for the court to accept the case. When describing the case, we should seek truth from facts and reflect the original appearance of the case facts; The narrative should be clear. If it is directly related to the disputed facts, it shall be described in detail. If it is not important to the facts of the case, but it must be clearly explained, it may be briefly summarized. Words used to describe facts should be accurate in order to achieve proper expression.

(2) Reason: mainly list the evidence and explain the source of the evidence, the name and address of the witness; According to the facts and the relevant provisions of the law, conduct rational argumentation.

According to the first paragraph of Article 56 of the Civil Procedure Law, "the parties have the responsibility to provide evidence of their own claims". Explain that the parties bear the burden of proof. The main facts stated in the complaint shall list the corresponding evidence.

Facts and reasons can be written separately, or together, stating facts and reasoning. According to the facts and evidence, in accordance with the relevant provisions of the law, analyze and demonstrate, distinguish right from wrong, clarify the relationship between rights and obligations, and confirm civil legal responsibilities.

The purpose of the request should take into account the written "request", that is to say, if it has been written very specifically in the "request", it can be simply written as "please make a judgment according to law to satisfy my litigation request". Don't write specifically in front, but write clearly, concretely and in detail here. If there are many contents, you can write them clearly in chapters or sections.

(3) The following contents shall be indicated in the tail and accessories:

(1) organ delivery.

(2) Write at the bottom right: marked by ××× (signature or seal), year, month and day.

Attachment: ① Copy of this certificate ×;

② ×× (name) pieces of evidence;

⑧×× (name) documentary evidence.

Example:

Civil appeal

Plaintiff Gu XX, male, XX unit, address XX.

Defendant: Shanghai Hua Mao Industrial Co., Ltd., unit address: ××.

The address of the defendant Toshiba Co., Ltd. is XX, and the contact address of the Shanghai office is XX.

Litigation request:

1. ordered the plaintiff to return a Toshiba 34N9LJXC color TV set, and the first defendant returned the plaintiff's payment of RMB 16,100 (16 100.00);

2. Order the second defendant to compensate the plaintiff for the loss of RMB sixteen thousand one hundred yuan (16 100.00 yuan);

3. The defendant was ordered to compensate the plaintiff for the transportation fee of color TV set of RMB 150 yuan (65,438+050.00 yuan);

The defendant should bear all the litigation costs.

Facts and reasons:

On June/KOOC-0/999+/KOOC-0/October/KOOC-0/0, the plaintiff purchased a 34-inch Toshiba 34N9UXC color TV set from Shanghai Hua Mao Industrial Co., Ltd. (hereinafter referred to as the "first defendant") in a commercial building in Shanghai, and the price was RMB/KOOC-0/6/KOOC-0/00. According to the product description, the color TV adopts "Super Regent CRT", which can make the brightness and fineness of each part of the screen uniform. This machine has the anti-flicker function of digital 100I)FS, which can reach twice the image formed by conventional TV, making the picture more delicate and greatly restraining the horizontal direction. So as to obtain a clear, high-density and flicker-free image ",and the machine also has a" digital image noise suppression system, which can effectively reduce image clutter and thus improve image quality "(see Evidence 2). The first defendant strongly recommended the product when the plaintiff purchased the machine, saying that it was the best quality large-screen digital color TV on the market at present. At the time of purchase, because the cable TV signal in the shopping mall was weak and the color TV image was unclear, the first defendant advocated at that time that if the product had quality problems within two weeks of purchase, it could be replaced. The plaintiff bought a Toshiba original color TV out of trust. However, when the plaintiff used it the night after purchase, she found that the standard image of the machine was distorted and the color contrast was distorted, which was inconsistent with the above characteristics of the machine indicated in the product manual. The plaintiff asked the first defendant to replace it the next day. At that time, the first defendant only sent two ordinary employees to the door for testing.

However, it does not admit that the machine has quality problems and refuses to replace it. After contacting the Shanghai office of Toshiba Hongkong Co., Ltd., which is responsible for the distribution of Toshiba products in China, the plaintiff was confirmed by Toshiba professional inspectors that the color TV did have the quality problem of standard image distortion (see Evidence 3).

The plaintiff gave up his busy work and ran back and forth for several months without success. During this period, the plaintiff also found that this Toshiba color TV set on the market had some problems such as standard image distortion in different degrees as claimed by the first defendant. Therefore, the plaintiff can't help but think that the quality of the color TV set of this model put into the China market by the second defendant is flawed, which is different from the second defendant's promotion of the product. Now the plaintiff requests the court to support the plaintiff's claim according to the relevant provisions of China's Product Quality Law, People's Republic of China (PRC) Consumer Rights Protection Law and Shanghai Regulations on Protecting the Legal Rights and Interests of Consumers, so as to safeguard the plaintiff's legitimate rights and interests as a consumer, urge producers and sellers to ensure that the product quality is consistent with the product description and market promotion, and make consumers satisfied and reassured.

I am here to convey

XX District People's Court of XX City

×××× Year×× Month× Day

Attachment: 1 Two copies of the complaint;

2. Three pieces of evidence.

References:

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