20 17 model civil indictment 1
Plaintiff: XX, male, Han nationality,/kloc-0, born on March 2, 954, address: XX Group, XX Village, XX Township, XX County, Henan Province, ID number: XXXX.
Tel: XXXX
Defendant: XX, male, Han nationality, adult, address: XX Village, XX Township, XX County, Henan Province.
Tel: XXXX
Defendant: XX, male, Han nationality, adult, address: XX Township, XX County, Henan Province.
Tel: XXXX
Defendant: XX, male, Han nationality, adult, address: XX Township, XX County, Henan Province.
Tel: XXXX
Defendant: XX Hospital in XX Township, XX County Address: XX Township, XX County, Henan Province.
Legal Representative: XX Position: Dean, Tel: XXXX.
Litigation request:
1. The defendant was ordered to pay the plaintiff's medical expenses, hospital food subsidies, nutrition expenses and accommodation expenses * * * totaling RMB 10000 1.05 yuan (disability compensation, living expenses of dependents, disability appraisal fees and other losses shall be subject to the conclusion of disability appraisal).
2. The defendant was ordered to bear the litigation costs of this case.
Facts and reasons:
On September 7th, 20XX/Kloc-0, the defendant XX signed an engineering contract with the defendants XX and XX, taking XX as the employer and XX as the contractor, and contracted to talk about the woodworking project of the gate, infirmary, epidemic prevention room and housing of the XX hospital in Dianxiang.
Defendant XX hired plaintiff XX for its construction, and the agreed remuneration was 150 yuan per day.
20xx165438+1at 2 o'clock on the afternoon of October 23rd, during the construction of the project, the plaintiff XXX fell from the second floor and suffered multiple fractures because there were no safety protection measures at the construction site. The plaintiff was immediately sent to XX County People's Hospital for treatment. Due to serious injuries, he was transferred to the Union Medical College affiliated to Tongji Medical College of Wuhan Huazhong University of Science and Technology for hospitalization.
At present, the plaintiff has been paralyzed in bed and completely unable to take care of herself. She needs someone to accompany her for about 24 hours.
Not only that, the fixture in the plaintiff's body has not been taken out, and the second operation will cost tens of thousands of yuan.
The plaintiff used to have a healthy and strong body and a happy family, but now it is completely shattered by this accident.
The family stayed in Lacrimosa all day, so the children were depressed in the exam.
Undoubtedly, the accident brought great mental pain and economic loss to the plaintiff's family.
To sum up, the plaintiff and the defendant have an employment relationship. According to the relevant provisions of General Principles of Civil Law of People's Republic of China (PRC), General Principles of Civil Law of People's Republic of China (PRC) and Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, the defendant shall be liable for the damages suffered by the plaintiff in employment.
The plaintiff sued your hospital in order to protect his legitimate rights and interests, and hoped that your hospital would support the original application.
20 17 model civil indictment 2
Plaintiff: name, nationality, date of birth, occupation and address.
Defendant: name, nationality, date of birth, occupation and address.
Litigation request:
1. Ask the defendant to compensate the plaintiff (name of expenses, such as medical expenses, lost time, nursing expenses, disability compensation, etc. ) compensation for the loss of xx yuan.
The legal costs of this case shall be borne by the defendant.
Facts and reasons:
The facts of infringement and the facts of infringement consequences shall be clearly stated.
Time, place, cause, course, actual degree of injury, recovery, medical conditions, etc. of personal injury. The reasons for the infringement shall be explained, and the conclusion shall also be explained during the judicial appraisal.
Where the right to name, portrait, reputation or honor is infringed, the specific circumstances, consequences and influence of the infringement shall be clearly stated.
I am here to convey
People's Court of XX Province
Witness (my signature):
* * * Year * * Month * * Day
Note: 1. If the complaint is handwritten, it must be written in blue-black or black ink pen, and the complaint is written on A4 paper.
2. A copy of the lawsuit shall be submitted according to the number of defendants.
3. A copy of the plaintiff's ID card should be submitted with the complaint, as well as relevant injury checklist, injury certificate, nursing certificate, various reasonable expenses certificate, transfer certificate, etc.
Related reading-model indictment 3
Xxxx people's procuratorate indictment
Xxxx word no.
I. Basic information of the defendant
Including the defendant's name, gender, age, date of birth, place of origin, ID number, nationality, education level, occupation or work unit, position (if a state functionary commits a crime by taking advantage of his power, he shall specify in which unit he held any position at the time of the crime) and address.
Whether he has been subjected to criminal punishment, the date of detention and arrest, and the place where the defendant was detained.
(If a unit commits a crime, it shall specify the name and address of the criminal unit, and the name, gender and position of the legal representative or representative.
If there is a "directly responsible person in charge or other directly responsible personnel" who should bear criminal responsibility, it shall be described according to the basic situation of the above-mentioned defendant. )
Second, the basic situation of defenders
Include name, company and mailing address.
Three. Cause of action and source of case
If it is a case concluded by public security organs, please indicate the name, cause and source of the case. For example, "the defendant's theft case was transferred to our hospital for review and prosecution after investigation by the Public Security Bureau."
If it is a case concluded by investigation in our hospital, please indicate the cause, cause and source of the case. For example, "the defendant's corruption case was investigated by our hospital according to law."
If the case is transferred for prosecution by the people's procuratorate at a higher level or transferred for examination and prosecution by the court at the same level due to the change of trial jurisdiction, the cause of action, cause of action and source of the case shall be clearly stated, such as "the defendant's theft case was investigated by the Public Security Bureau of * * * and was transferred to our hospital by the People's Procuratorate of * * *" or "the defendant's theft case was investigated by the Public Security Bureau of * * * *.
Fourth, the facts of the case
Including time, place, process, means, purpose, motivation, harmful consequences and other factual elements related to conviction and sentencing, can be written as:
"According to the law review,
Summarize and describe the clear suspected criminal facts that have been examined and determined by the procuratorial organs.
According to specific cases, we should highlight the constitutive requirements of some crimes stipulated in the criminal law, especially the characteristics of crimes, and describe them concisely.
If the defendant commits several crimes or multiple crimes, he shall list all the criminal facts one by one.
In the case of * * * accomplice, the position and role of each defendant in * * * accomplice shall be clearly stated.
The facts of the above-mentioned crimes are clear, and the evidence is true and sufficient enough to be identified. "
Verb (abbreviation of verb) the basis and reason of prosecution
Including the provisions of the criminal law violated by the defendant, the nature of the crime, the circumstances of lighter, mitigated or aggravated punishment, and the guilt of each defendant in the same crime.
We believe that ... (generally discussing the degree of harm, nature and seriousness of the defendant's behavior), the defendant's behavior violated Article * * * of the Criminal Law of People's Republic of China (PRC) (listing the provisions of crime, statutory punishment and sentencing provisions of heavier and lighter punishment), and should be given heavier (lighter) punishment according to law.
According to Article 14 1 of the Criminal Procedure Law of People's Republic of China (PRC), those who initiate public prosecution shall be punished (severely punished) according to law.
I am here to convey
_ _ _ _ _ _ _ _ _ People's Court
public prosecutor
Date, year and month
(Seal of Institute)