One original, and the number of copies shall be submitted according to the number of defendants and third parties. The signature or seal of the "prosecutor" at the end of the complaint cannot be copied.
(2) Qualification certificates of the plaintiff and the defendant.
1. If the plaintiff is a natural person, provide a copy of ID card and other identification materials; Entrust others to submit a complaint, it shall submit a power of attorney and a copy of the client's ID card and other identification materials; If the plaintiff is a person without or with limited capacity for civil conduct and is represented by a legal representative, it shall submit proof of the relationship between the legal representative and the plaintiff and a copy of the legal representative's ID card and other identification materials.
2. If the plaintiff is a legal person or other organization, it shall provide a copy of the business license or relevant registration materials registered by the industrial and commercial or functional authorities, the identity certificate of the legal representative (person in charge), the power of attorney, and a copy of the client's identity card or other identification materials.
3. If the defendant is a natural person, the plaintiff shall state the basic information such as the defendant's name, gender, domicile or habitual residence; If a lawsuit is brought to the court under the jurisdiction of the defendant's habitual residence, a certificate issued by the grass-roots organization or the property management department that the defendant has lived there for one year shall be provided.
4. If the defendant is a legal person or other organization, the plaintiff shall provide the defendant's recent basic registration information (i.e. the industrial and commercial computer consultation form, etc.). ); If the defendant is a legal person or other organization in other provinces and cities, and the plaintiff really can't provide his recent basic registration information, he must provide the defendant's name and domicile accurately.
(3) Evidence materials on which the prosecution is based, with a list of evidence materials attached.
The list of evidence materials shall indicate the name of the evidence, the number of copies, whether it is the original, the object of proof, etc.
The prosecution evidence materials generally include:
1. Materials proving the legal relationship or identity relationship between the plaintiff and the defendant. For example, for contract disputes, a contract or other documentary evidence that proves the contractual relationship should be provided; Marriage disputes should provide marriage certificates and other materials.
2. Materials proving the facts of disputes such as breach of contract or infringement. For example, if there is a breach of contract dispute, it is necessary to provide materials for performance and breach of contract; In case of infringement dispute, the factual materials of infringement and damage consequences shall be provided.
3. Other evidential materials to prove the occurrence, process and present situation of the dispute.
4. Evidence or factual basis that the court has jurisdiction.
(4) Confirmation of service address
The plaintiff shall provide accurate service addresses for himself, the defendant and the third party.
(five) the standard requirements of litigation materials
1. Specification: Generally, the litigation materials should be A4 paper, with the left binding margin of 2.5cm, and the evidence materials should be bound in the order of list.
2. Number of copies: In addition to submitting one copy of the litigation materials to the court, the number of copies must be submitted according to the number of parties.
3. Writing requirements: It must be written or printed with ink pen (black, blue-black).
4. If the evidential materials are in foreign languages, a Chinese translation translated by a qualified translation agency shall be submitted.
legal ground
People's Republic of China (PRC) Civil Procedure Law
Article 124 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.