(This document contains the provisions, text descriptions, model provisions and examples of the Civil Procedure Law.)
● Provisions of Article 12 1 of the Civil Procedure Law (revised 20 12) on the items to be recorded in a civil complaint:
Article 121 A complaint shall contain the following items:
(1) The name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, the name and domicile of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person;
(2) Information such as the name, gender, work unit and domicile of the defendant, and information such as the name and domicile of the legal person or other organization;
(3) the request and the facts and reasons on which it is based;
(4) Evidence and its sources, names and residences of witnesses.
Description of civil litigation documents
I. Basic information of the parties (plaintiff, defendant and third party):
1, Basic information of the plaintiff: Of course, the plaintiff knows himself quite well, so I will write it in detail. (1) If the plaintiff is a natural person, the name, gender, age (or date of birth), nationality, occupation, work unit and residence, contact information (such as mobile phone) shall be stated. ; (2) If the plaintiff is a legal person or other organization, the name and domicile of the unit and the name, position and contact information of the legal representative or principal responsible person shall be stated.
2. Basic information of the defendant: The plaintiff may not know much about the defendant, but the most basic information should of course be stated. (1) If the defendant is a natural person, basic information such as name, gender, work unit, address, etc. shall be stated (please check and indicate the contact information as much as possible to facilitate court service); (2) If the defendant is a legal person or other organization, it shall specify the name and address of the unit and other basic information (of course, it is best to specify the name, position and contact information of the legal representative or principal responsible person).
3. Basic information of the third party: the same as "Basic information of the defendant".
Note: If there are more than one plaintiff, defendant and third party, they shall be arranged in the order of plaintiff, defendant and third party. If the plaintiff entrusts an agent, whether the agent states it in the complaint may depend on the specific circumstances. If necessary, list (for example, the plaintiff is sued by a legal agent for lack of litigation capacity, or entrusts an agent to represent the lawsuit, etc.). ), the agent should be listed after the plaintiff, and the items to be explained are the same as the above-mentioned "basic situation of the plaintiff".
Second, claim
This part is the main content of the complaint. Claims should be itemized. The litigation request must be specific, clear and concise, and what should be written must be written, because it is related to the scope of court review. In civil litigation, we should follow the principle of "not suing and ignoring". The plaintiff will not sue the request in the petition, and the court will not take the initiative to hear and protect it. So everything should be thought out as much as possible in advance (of course, you can't ask for it indiscriminately. If there is no corresponding evidence to support your claim, you will certainly not be protected by law, but you should share the litigation costs), so as to avoid the trouble of changing or increasing the claim afterwards and prevent the legitimate rights and interests from not being protected by law. Also, don't leave out the item of litigation costs, and explicitly request that the litigation costs be borne by the defendant.
Three. Facts and reasons
This part is crucial. Facts and reasons should be as true and detailed as possible on the basis of conciseness and sufficient reasons. This part is to serve the litigation request. If you want to make some mistakes, you must not ramble for thousands of words to the point, and you must not make the mistake of "writing thousands of words and pulling Wan Li".
Four. Evidence and sources of evidence, names and residences of witnesses
In addition to the "inversion of burden of proof" stipulated by law, the Civil Procedure Law stipulates the burden of proof of the plaintiff, that is, the principle of "whoever advocates gives evidence". Therefore, the plaintiff has a legal obligation to provide evidence to prove his claim and the facts and reasons for his claim.
If the evidence is other than documentary evidence, physical evidence, audio-visual materials and witness testimony, the name and source of the evidence shall be specified. If a witness testifies, the name and domicile of the witness shall be indicated, so that the people's court can check the testimony and notify him to testify in court.
The source of evidence refers to the place, time and way of obtaining evidence. When the parties provide more evidence, they should classify and number it according to certain standards, so as to give evidence in court and make it easier for the judge to understand, for example, classify and number it according to different objects of proof, which will help the judge understand your claim more clearly.
Verb (abbreviation for verb) at the end of the complaint
In addition to proving the matters stipulated in the above-mentioned laws, the complaint shall also indicate the name of the people's court that accepted the complaint and the year, month and day of the prosecution, and shall be signed and sealed by the prosecutor. The name of the people's court in the indictment should be put in the first place to show respect for the people's court.
Sixth, related tips
If there is any deficiency in the record of the complaint about the matters stipulated by law, the people's court that accepted the complaint shall notify the plaintiff to make corrections.
The indictment is an important litigation document submitted to the court by citizens when they file a lawsuit. () Therefore, the complaint is a serious matter, which requires a clear description according to the format of the complaint, loyalty to the facts, well-founded, reasonable and legal, and prevention of fiction.
The complaint requires writing with a brush or pen as soon as possible. Now that science and technology are developed, it is better to print it out for the convenience of the people's court to review and roll it up for filing.
When submitting a complaint to the court, at the same time, submit a copy of the complaint according to the number of defendants and third parties.
The following are model essays (two articles) and examples (two articles)
Note: The names and place names of the plaintiff and defendant in the example are pseudonyms, and other information and facts are fictitious.
● Fan Wen Yi
Civil appeal
Original? Notice: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _? Postal code: _ _ _ _ _ _ _ _ _ _ _ _
Legal Representative: _ _ _ _ _ _ _ _ _? Job title: _ _ _ _ _ _ _ _ _ _ _ _ _
Contact person: _ _ _ _ _ _ _ _ _ _ _ _ _ _? Contact information: _ _ _ _ _ _ _
Is it? Notice: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _? Postal code: _ _ _ _ _ _ _ _ _ _ _ _
Legal Representative: _ _ _ _ _ _ _ _ _? Job title: _ _ _ _ _ _ _ _ _ _ _ _ _
Is it? Notice: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _? Postal code: _ _ _ _ _ _ _ _ _ _ _ _
Legal Representative: _ _ _ _ _ _ _ _ _? Job title: _ _ _ _ _ _ _ _ _ _ _ _ _
ask
I. X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X 。
Second, X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X.
Three. It is decided that all litigation costs in this case shall be borne by the two defendants.
Facts and reasons
* * year * month * day * month * day * month * day * month * day * month * day * month * day * month * day * month * day * month * day * month * day * day * month * day * month * day.
Evidence and sources of evidence, names and residences of witnesses
1、XX X X X X X X X X X X X X X X X X X X X X
2、XX X X X X X X X X X X X X X X X X X X X X X X X
3、XX X X X X X X X X X X X X X X X X X X X X X X X
4、XX X X X X X X X X X X X X X X X X X X X X X X X
I am here to convey
X county people's court of x province
Attachment: 3 copies of this complaint.
Prosecutor:
200 1 MM DD YY
● Fan Wen Er
Civil appeal
Plaintiff: XXX, male, 19XX, born on XX, Han nationality, farmer, living in. XX county, XX province, XX town, XX village, XX group, XXX. Telephone number: XXXXXXXXXX (mobile phone); XXXXXXX (residential electricity)
Defendant: XXX, male,/kloc-0, born on XX/9XX, Han nationality, civil servant in XX town, living at XX. XX county, XX province, XX town, XX village, XX group, XXX. Telephone number: XXXXXXXXXX (mobile phone); XXXXXXX (residential electricity)
Defendant: XXX, male, 19XX, born on XX, Han nationality, employee of XX company, living at XX. XX county, XX province, XX town, XX village, XX group, XXX. Telephone number: XXXXXXXXXX (mobile phone); XXXXXXX (residential electricity)
Third person: XXX, male, 19XX, born on XX, Han nationality, individual industrial and commercial household, living in. XX county, XX province, XX town, XX village, XX group, XXX. Telephone number: XXXXXXXXXX (mobile phone); XXXXXXX (residential electricity)
ask
I. X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X 。
Second, X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X.
Three. It is decided that all litigation costs in this case shall be borne by the two defendants.
Facts and reasons
* * year * month * day * month * day * month * day * month * day * month * day * month * day * month * day * month * day * month * day * month * day * day * month * day * month * day.
Evidence and sources of evidence, names and residences of witnesses
1、XX X X X X X X X X X X X X X X X X X X X X
2、XX X X X X X X X X X X X X X X X X X X X X X X X
3、XX X X X X X X X X X X X X X X X X X X X X X X X
4、XX X X X X X X X X X X X X X X X X X X X X X X X
I am here to convey
X county people's court of x province
Attachment: 3 copies of this complaint.
Prosecutor:
200 1 MM DD YY
● Example 1
Civil appeal
Plaintiff's name: Changhai Sub-branch of China Agricultural Bank Co., Ltd.
Address: A9-8, Middle Section of Wenhua Street, Shuangshiliu Town, Changhai County
Person in charge: Guo Wushan? Title: President? Tel: 7869999 (office)
Defendant's name: Changhai Wang Fude Starch Co., Ltd.
Address: Hongban Village, Shashui Town, Changhai County
Legal Representative: Yang? Title: Chairman? Tel: 1386666666
Complain Litigation? Please. ask
1. The defendant was judged to immediately repay the plaintiff's loan principal of 6,543,800 yuan and corresponding interest;
The defendant was sentenced to bear all the litigation costs of this case.
Things? Real? With what? Why? pass by
On June 30, 2003, the plaintiff granted the defendant a loan of RMB 6,543.8+0,000, with an annual interest rate of 7.56% during the loan period and an internal interest rate of 654.38+0.50% for overdue interest. The loan contract stipulates that the loan will be repaid in three installments, the first installment is 300,000 yuan, and the maturity date is June 30, 2004. The second phase is 300,000 yuan, and the maturity date is 65438+February 30, 2005; The third phase is 400,000 yuan, and the maturity date is 65438+February 30, 2006. The loan was secured by the defendant's house mortgage, and the mortgaged house was registered in the statutory housing management agency of Changhai County.
After the loan expires, the loan principal and corresponding interest (including normal loan interest, overdue principal interest and unpaid interest compound interest) are not paid off on schedule, so a lawsuit is filed, so please make a judgment according to law to safeguard the plaintiff's legitimate rights and interests.
Evidence and sources of evidence, names and addresses of witnesses
1. One copy of mortgage loan contract, from the plaintiff's loan file.
2. A loan certificate from the plaintiff's accounting file.
3. Changhai County Housing Property Registration Management Office issued three real estate licenses to the plaintiff, all from the plaintiff's loan files.
4. The defendant signed five overdue collection notices, all from the plaintiff's loan file.
I am here to convey
People's Court of Changhai County, Liaoning Province
Attachment: this complaint 1 copy.
Plaintiff: Changhai Sub-branch of China Agricultural Bank Co., Ltd.
2013 65438+1October 26th
● Example 2
Civil appeal
Plaintiff: Xavier Lee, male, born on August 9, 1970, Han nationality, employee of Changhai County Administration for Industry and Commerce, living in Room 2- 1, Unit 4, Building 9 1A, Yongxiang Community, Changhai Town. Tel: 138999999
Defendant: Cui Dehui, male, born on1October 23rd, 1973 165438, Han nationality, farmer, living in Benjie, Jianling Town, Changhai County. Tel: 7869999 (household electricity)
Complain Litigation? Please. ask
1. The defendant was sentenced to immediately repay the plaintiff's loan principal of 30,000 yuan and the interest calculated according to the bank's loan interest rate for the same period;
The defendant was sentenced to bear all the litigation costs of this case.
Things? Real? With what? Why? pass by
On October 6, 20 10+ 165438 10, the defendant borrowed RMB 30,000 from the plaintiff, so he filed a lawsuit and requested the people's court to make a judgment according to law to safeguard the plaintiff's legitimate rights and interests.
Evidence and sources of evidence, names and addresses of witnesses
1. An iou issued by the defendant to the plaintiff.
I am here to convey
People's Court of Changhai County, Liaoning Province
Attachment: this complaint 1 copy.
Prosecutor:
2012 65438+February 9th