If the entrusted agent doesn't want to drown his credit, he can add a book agent under the pledgee and write his name, as upstairs said, but this is rare. It is the most frequently used language in judicial official documents. If others infringe upon their legitimate rights and interests and file a lawsuit according to law, they must write a complaint if they want to "complain". The indictment includes criminal private prosecution, civil indictment and administrative indictment.
(A) the basic writing of the complaint
The complaint is mainly divided into three parts: head, body and tail, plus an attachment.
1? 6? 1 header.
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? 6? 1 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? 6? 1 tail.
Write a separate line at the bottom of the text to indicate the delivery organ, 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 author's name and work unit should be stated.
4? 6? 1 attachment
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.
(2) Problems needing attention
First, writing a complaint must meet the conditions prescribed by law. If the criminal complaint is only applicable to criminal cases of private prosecution, the people's procuratorate shall make an indictment when filing a public prosecution.
Second, the content of the complaint should be based on facts, take the law as the criterion, and reflect the spirit of being justified.
Third, the petition should be written clearly, concretely, exhaustively and concisely. The writing method of civil complaint The basic knowledge of civil complaint refers to the written litigation request made by citizens, legal persons and other organizations to the people's court to request the people's court to make a fair judgment according to law when they think their civil rights and interests have been infringed or have disputes with others.
Article 108 of China's Civil Procedure Law 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. The civil indictment is the basis for the people's court to accept civil litigation cases.
A lawsuit that meets the above conditions must be accepted by the people's court, otherwise it will not be accepted. If a civil case or civil complaint filed by an agent does not meet the above conditions, it shall be resolved through other means according to its case. If it is an administrative lawsuit, it shall inform the parties to prosecute in accordance with the relevant provisions of the Administrative Procedure Law; If it is a retrial request, it shall inform the parties to make a request to the court of appeal; If arbitration should be conducted by an arbitration institution, inform the parties to apply for arbitration to an arbitration institution determined through consultation; Disputes that should be handled by administrative departments shall inform the parties to apply to the relevant departments for settlement; If the people's court refuses to accept the case due to other circumstances or refuses to accept it within a certain period of time, it shall also clearly inform the parties concerned. Contents of Civil Complaint Article 1 10 of China's Civil Procedure Law stipulates: "The complaint shall specify the following items: (1) the name, sex, age, nationality, occupation, work unit and domicile of the party concerned, the name and domicile 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) the evidence and its source, the name and domicile of the witness. " The contents of the civil complaint include:
1. Header
(1) title. Write "civil complaint" in the middle.
(2) Basic information of the parties. (The first line is indented), indicating the names, gender, date of birth, nationality, occupation, work unit, position and address of the plaintiff and defendant respectively. If there are more than two plaintiffs in the same case, it shall be clearly stated. If there are more than two co-defendants, they shall be explained in the order of responsibility. If the plaintiff or defendant is a person with no capacity for conduct, the name, gender, occupation, work unit and address of the legal representative and their relationship with the plaintiff or defendant shall be stated after the project. If the defendant is a legal person or other organization, it shall indicate its name and domicile, and the name and position of its legal representative (or principal responsible person). If there is a third person, the name, gender, date of birth, nationality, native place, occupation, work unit and address of the third person shall be stated. If the third party is a legal person or other organization, the name and domicile of the legal person or other organization and the name and position of the legal representative (or principal responsible person) shall be stated. If the plaintiff entrusts a lawyer to represent the lawsuit, it shall indicate the name of the agent and the name of the law firm where the agent is located after the matter or the matter of its legal representative.
(3) cause of action. (The first line is indented by two cells)
(4) claim. (The first line is indented) stating the issues related to civil rights disputes that the plaintiff requests the people's court to solve according to law, that is, the object of litigation. According to the different requirements of confirmation action, change action and payment action, write it in detail.
2. Text
(1) The fact part. (The first line is indented) The facts of the civil legal relationship between the plaintiff and the defendant, as well as the time, place, cause, course, plot and consequences of the dispute over civil rights and interests between the two parties shall be clearly stated. Generally speaking, we should not only truthfully state the case, but also focus on the consequences of the defendant's infringement in chronological order.
(2) The reason. According to the case and relevant laws, regulations and policies, clarify the plaintiff's views on the nature of the case, the defendant's responsibility and how to solve the dispute.
(3) evidence. (indent the first line) indicate the name, document, number or clue of the evidence provided to the people's court to prove the case, and indicate the source of the evidence. If there is a witness, the name and address of the witness shall be stated.
3. Tail
(1) Name of the people's court. "Hereby" is blank, and "_ _ _ _ _ _ People's Court" is another line on the upper left.
(2) Signature of the plaintiff. If it is a legal person, it should be stamped with the official seal. (Yes) If you only entrust a lawyer to file a complaint for the plaintiff, you can write the name of the lawyer and the name of the law firm where the lawyer is located at the end of the complaint. (right) (3) time of prosecution. (right)
4. Attachment (the first line is indented by two cells)
(1) The number of copies of this complaint is submitted according to the number of defendants (including the third party).
(2) Other relevant evidential materials.