1. If the complaint is not signed by the plaintiff himself, but the plaintiff entrusts someone else to sign it, but the complaint is valid with the plaintiff's handprint or confirmed by the plaintiff.
2. If the plaintiff fails to entrust others to sign on his behalf or the plaintiff is unaware of the prosecution, it belongs to the prosecution in the name of others and may request the court to rule that it will not be accepted; If it has been accepted, it shall be ruled to dismiss the prosecution.
How to write a civil complaint
1. Title: civil complaint, font size 2, bold and centered.
2. Basic information of the original defendant: font size 4, indicating name, gender, nationality, date of birth, address or domicile (habitual residence and domicile), ID number and contact information. If the original defendant is a unit, organization or legal person, the name of the unit, the domicile of the unit, the name, position and contact information of the legal representative shall be stated. If the party concerned is underage, it shall also explain the basic information of the legal representative and the relationship with the party concerned. If an agent ad litem is entrusted, the name of the agent, the name and occupation of the law firm may also be stated.
3. Litigation request: the specific, legal and clear rights that the plaintiff requests to claim from the other party through the people's court.
4. Facts and reasons: refers to the facts of the case, the evidence facts and the legal basis for the plaintiff to request legal protection from the people's court! Mainly write clearly the legal relationship between the parties, the occurrence and development of disputes between the parties, the main focus of disputes between the parties, the specific content of civil disputes between the parties, the objective situation and substantive differences of opinion directly related to the case. Then, according to the facts, analyze the nature of the dispute between the two parties and the responsibility that the defendant should bear, clarify the reasons for distinguishing right from wrong and legal responsibility according to relevant laws and regulations, and demonstrate the rationality, legality and rationality of his litigation request!
Facts and reasons. This part generally States the disputed facts first, then expounds the litigation reasons, and finally puts forward a clear, specific and detailed purpose of the request.
To state the facts of the dispute, we should clearly write the following aspects: 1. The whole process of the origin, occurrence and development of economic disputes between the parties, with emphasis on the time, place and parties of the dispute. Second, the specific content and focus of the dispute between the two sides, and show their views on the responsibilities and obligations of both sides. Third, fully enumerate documentary evidence, physical evidence, witness, testimony, audio-visual materials and other evidence to prove the truth of the facts. To clarify the reasons for litigation, mainly through the analysis of facts and evidence, demonstrate the relationship between the rights and obligations of both parties, explain the rationality of the litigation request, and cite legal provisions to support their own views.
5. Evidence: indicate the name, number of pieces or clues of evidence provided to the people's court to prove the case, and indicate the source of the evidence. If there is a witness, indicate the name and address of the witness!
6. The people's court wrote in the lower left corner of a line between the tail and the text. The signature of the prosecutor and the official seal of the legal person shall be affixed. Date of prosecution, appendix: indicate the copy of the complaint, the number of physical evidence, the name and address of the witness in the lower left corner of the last page of the complaint.
laws and regulations
code of civil law
Article 59. Power of attorney: A power of attorney signed or sealed by the client must be submitted to the people's court when entrusting others to represent the lawsuit. The power of attorney must specify the entrusted matters and authority. An agent ad litem must have the special authorization of the client, and can admit, waive or change the claim, make a settlement, file a counterclaim or appeal on his behalf. The power of attorney sent or entrusted by China * * and China citizens living abroad must be authenticated by China * * and China's embassy or consulate in that country; If there is no embassy or consulate, it shall be certified by the embassy or consulate of a third country that has diplomatic relations with the people of China, and then by the people of China and the embassy or consulate of China in a third country, or by the local patriotic overseas Chinese delegation.