How many complaints should I write?
The court keeps one indictment and needs to provide copies according to the number of defendants, so at least three copies need to be prepared.
A template for complaints
(1) civil appeal
Appellant county rural credit cooperative. Household registration:-county-town-village.
Legal representative-director.
Appellee-county-town-villagers committee.
Legal representative.
Appellee-,male,/kloc-0, born on September 28th, 1995, Han nationality, farmer, living in-county-town-village.
Appellee-male,/kloc-0, born on February 22nd, 1996, Han nationality, farmer, living in-county-town-village.
Appellee-male,/kloc-0, born on March 6, 1996, Han nationality, farmer, living in-county-town-village.
Appellee-male, born on August 22nd, 2004, 194, Han nationality, farmer, living in-county-town-village.
Appellee-male, born in February of 195+18, Han nationality, farmer, living in-county-town-village.
Appellee-,male,/kloc-0, born on February 5, 1995, Han nationality, farmer, living in-county-town-village.
Appellee-male,/kloc-0, born on February 30th, 1994, Han nationality, farmer, living in-county-town-village.
Appeal request:
1, revoked according to law (2004)- civil judgment in the early Republic of China105;
2. Change the sentence according to law or send it back to the county people's court for retrial;
All litigation costs in this case shall be borne by the two appellants.
Facts and reasons:
The appellant refused to accept the civil judgment of the County People's Court (2004) MinchuziNo.. 165, appeal now. The specific facts and reasons of the appeal are as follows:
First, the court of first instance found the facts wrong.
-Seven appellants argued that they were only witnesses, not guarantors, but the fact that seven of them had the signature of the guarantor's office on the loan contract was enough to identify seven as guarantors in this case. Without the support of evidence and the disapproval of the credit cooperatives, it is not in line with the civil evidence rules to make the determination of repaying loans with loans only based on the statements of seven people.
The court of first instance cited the clause that creditors and debtors colluded to defraud the guarantor. The fact of this case is that all seven appellees belong to the village cadres at that time and now. If credit cooperatives want to collude with village committees, they must do it through village cadres, that is, seven appellees. Even if this case belongs to loan repayment, and seven people personally participate in signing the contract, it is impossible to know the so-called borrowing purpose, and there is no so-called credit union fraud.
Second, the judgment of the first instance is wrong and contradicts the judgment result.
The court of first instance found that the loan contract signed by both parties was an invalid civil act of "covering up the illegal purpose in a legal form" through the so-called determination of repaying the loan by loan. With regard to repaying loans by loans, from the Higher People's Courts of the Supreme People's Court and Henan Province to the Municipal Intermediate People's Court, from the judicial interpretation, the Supreme Court, the Provincial High Court and many other court cases, it is not considered illegal to repay loans by loans. I don't know where the county people's court came to the conclusion of "covering up illegal purposes in a legal form"! When the court of first instance found the contract invalid, the verdict was as puzzling as when the contract was valid.
Three, the court of first instance judgment applicable law error
Because the court of first instance found that the facts were wrong, the reasons for the judgment were wrong, which contradicted the judgment result, the legal error naturally applied!
To sum up, the judgment of the court of first instance found that the facts were wrong, the reasons for the judgment were wrong and contradicted with the judgment results, and the applicable law was wrong, which should be revoked according to law!
I am here to convey
-Municipal Intermediate People's Court
Appellant-County Rural Credit Cooperative
February 25(th), 2004
(2) Criminal incidental civil indictment
The incidental civil plaintiff, female, Han nationality, was born on.
The incidental civil plaintiff, female, Han nationality, was born in-
The incidental civil plaintiff, female, Han nationality, was born in-
The incidental civil defendant, male, Han nationality, adult, is now in custody.
Claims
1, the criminal defendant shall be given a heavier punishment for intentional homicide according to law.
2. According to the law, the defendant in the incidental civil case was ordered to compensate the plaintiff in the incidental civil case for personal injury to the victim, totaling 92,939 yuan.
Facts and reasons
On the evening of February 27th, 2009, at about 0/9 o'clock, the victim-at home-was hacked to death by the defendant because of a dispute with the incidental civil defendant (see the procuratorate for details). Based on the above facts, the plaintiff in the incidental civil case thinks that:
First, the defendant-constitutes the crime of intentional homicide, and shall be given a heavier punishment according to law.
1, the defendant-constitutes the crime of intentional homicide.
The defendant, as an adult with normal civil capacity, should have known that cutting the victim's head with a knife would lead to death, but he still committed this criminal act, obviously hoping to cause the victim's death; To say the least, even if the defendant did not intend to kill directly, he still committed this crime, or at least let the victim die. At that time, he should have known that the victim's head might be killed with a knife. Article 14 of the Criminal Law of People's Republic of China (PRC) stipulates: "It is a deliberate crime to know that one's actions will have harmful consequences to society and hope or let such consequences happen." Therefore, the defendant's criminal behavior, whether it is the result of hoping or letting the victim die, has constituted the crime of intentional homicide.
The defendant should be severely punished.
According to Article 232 of the Criminal Law of People's Republic of China (PRC), "Whoever intentionally kills someone shall be sentenced to death, life imprisonment or fixed-term imprisonment of more than 10 years". The first choice of sentencing principle of intentional homicide is death penalty, which should be sentenced to death; According to the fact that this crime caused death, the fact and means of refusing to pay compensation were particularly cruel, which caused great public outrage. Not sentencing to death is inconsistent with law, emotion and reason!
2. The defendant in the incidental civil case shall compensate the plaintiff in the incidental civil case for 92,939 yuan.
According to the provisions of Article 17, paragraph 3, Article 27, Article 28 and Article 29 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, compensation should be paid for the funeral expenses and death compensation of the incidental civil plaintiff, as well as other reasonable expenses such as funeral expenses, accommodation expenses and lost time for the relatives of the victims; According to the data published in Calculation Standard of Road Traffic Accident Damage Compensation Items (2008-2009), the specific amount that the defendant should compensate the plaintiff is as follows:
(1) Funeral expenses: according to the average monthly salary of employees in the last year where the Court of Appeal is located, the monthly salary is calculated as six months;
(2) Death compensation: according to the per capita net income standard of rural residents in the last year where the Court of Appeal is located, it is calculated as RMB * 20 = 78,084 yuan in 20 years;
(3) Other losses: including transportation, accommodation and lost time * * * 5,000 yuan.
Above total: 92,939 yuan.
Because the defendant refused to compensate the victim's close relatives, he showed a wild attitude after committing the crime and requested the people's court to make a ruling according to law in order to safeguard the legitimate rights and interests and legal dignity of the parties.
I am here to convey
-Municipal Intermediate People's Court
(4) Criminal private prosecution
Private prosecutor: name, gender, date of birth, nationality, education level, work unit, occupation and address.
(If the plaintiff is a unit, the name of the unit, the name and position of the legal representative and the address of the unit shall be stated. )
Defendant: name, gender, date of birth, nationality, education level, work unit, occupation and address.
(If the defendant is a unit, the name of the unit, the name of the legal representative, position and address of the unit shall be stated. )
Cause of action:
Request: (state the purpose of bringing a lawsuit to the court)
Facts and reasons: (explain the facts and legal basis of the prosecution or request, including evidence and
Name and contact address of the witness)
I am here to convey
_ _ _ _ People's Court
Private prosecutor: (signature or seal)
Entrusted agent:
_ _ _ _ _ _ _ _ _ _ _
Attachment: 1 Copies of the indictment (the number of copies is determined according to the number of defendants);
2. A copy of the evidence;
Third, other materials.
Note: (1) The complaint is written with pen or brush.
(2) Name, gender, date of birth, nationality, native place, occupation or work unit, position and address shall be indicated in the column of "Party". If you really don't know the date of birth of the defendant, you can indicate your age.
(3) In the column of "Cause of Action and Request", the accusation and specific request shall be clearly stated.
(4) If there is not enough space in the "facts and reasons" section, a middle page can be added.
(5) The number of copies of the indictment shall be submitted according to the number of defendants.
The above is the knowledge about how many complaints Bian Xiao collected for everyone today. Then let's finally sum up. First, you need at least three copies of the complaint, preferably written by a lawyer. Secondly, write in the corresponding format. If you still don't understand, please go to the website to consult a professional lawyer.