1. The prosecution shall submit a complaint to the people's court and submit a copy according to the number of defendants. The complaint shall be signed or sealed by the plaintiff himself. If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed. The record shall be signed or sealed by the plaintiff himself.
The complaint shall contain the following items:
(1) The name, gender, age, nationality, occupation, work unit, address and contact information of the plaintiff, the name and address 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 defendant's name, gender, work unit and domicile, and information such as the name and domicile of a 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.
2, the plaintiff qualification certification materials
(1) If the plaintiff is a natural person, the original and photocopy of the resident identity card shall be provided to the court. If the contents of the copy and the original are verified by the court to be correct, the copy shall be confiscated and the original shall be returned to the prosecutor.
(2) If the plaintiff is a legal person or other organization, it shall provide the court with the organization code certificate, business license and annual inspection certificate, or the original and photocopy of the legal documents proving the effective establishment of the organization. If the contents of the copy and the original are verified by the court to be correct, the copy shall be confiscated and the original shall be returned to the prosecutor. If the plaintiff is a legal person or other organization, the identity certificate and job certificate of the legal representative or principal responsible person shall also be submitted to the court.
If the liquidation group (person), trust supervisor, estate manager, executor and trustee of missing person's property bring a lawsuit on behalf of the right subject, they shall submit a copy of the above-mentioned identification materials;
According to the provisions of Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Marriage Law (I), if an interested party files a lawsuit to confirm that another person's marriage relationship is invalid, it shall submit a copy of the proof that he is a close relative with the marriage party;
When an agent ad litem brings a lawsuit, in addition to all copies of the plaintiff's identity certification materials, he shall also submit other certification materials that he has been selected as the plaintiff's agent ad litem.
3. The plaintiff shall provide relevant evidential materials on his claim and factual reasons;
4. When filing a case, the prosecutor shall submit evidence that the court has jurisdiction over the case. A copy of the written jurisdiction agreement shall be submitted for a case prosecuted according to the jurisdiction agreement.
(1) If a party claims to take the citizen's habitual residence as the jurisdiction connection point, it shall provide evidence materials about the residence and the starting point of living, such as certificates issued by property management companies, neighborhood committees, village committees and police stations, and attach evidence such as house sales contracts and house lease contracts. In the absence of other evidence to the contrary to overturn the temporary residence permit, the address recorded on the temporary residence permit can be determined as the citizen's habitual residence.
(2) The main place of business or the location of the main office of individual industrial and commercial households can be used as the habitual residence of the owners of individual industrial and commercial households, and the jurisdiction of the case can be determined accordingly.
(3) If the defendant is a foreigner or a stateless person, if the parties bring a lawsuit to the court where the foreigner or stateless person has his domicile in People's Republic of China (PRC) and China, they shall provide the certificate issued by the local neighborhood committee and property management company, and the jurisdiction of the case cannot be determined only by the evidence of the domicile of the employer of the foreigner or stateless person.
5, entrust others to sue, should submit the power of attorney and the agent's identity certificate. The power of attorney shall specify the specific entrusted matters, affix the official seal of the unit, and be signed by the legal representative or person in charge.
(1) If the agent is a lawyer or a grassroots legal service worker, an official letter from the law firm shall also be submitted;
(2) If the agent is a close relative of the party concerned, it shall submit the household registration book, birth certificate, marriage certificate, adoption certificate, certificate from the public security organ, certificate from the neighborhood (village) committee, effective judgment documents, personnel files and other evidence to prove the kinship between the two parties.
(3) If the agent is a staff member of the party concerned, it shall also provide a written certificate or labor contract stating the position and working years of the staff member;
(4) If the agent is a citizen recommended by the community, unit and relevant social organizations where the parties are located, it shall also provide written proof materials such as a letter of introduction issued by the community, unit and relevant social organizations;
"Close relatives of the parties" refer to relatives who have dependency relations, such as spouses, parents, children, brothers and sisters, grandparents, grandparents, grandchildren and grandchildren, as well as stepchildren who have adopted children and formed dependency relations, and relatives who have fulfilled their main maintenance obligations.
"The community where the parties are located" refers to the residents' committee or villagers' committee where the parties have their domicile or habitual residence;
"Social organization" refers to a legal organization established according to law and registered by the administrative department. It can only recommend agents for cases related to its duties or business.
"Employees of both parties" refers to employees who have real and continuous labor relations with both parties.
Two, the first instance of criminal private prosecution cases need to submit materials
1, criminal private prosecution or notification record (in duplicate, with one copy provided according to the number of defendants);
2. The identity certificate of the private prosecutor;
3, the victim's legal representative, close relatives told, with proof of the relationship with the victim and the reasons why the victim can't tell in person;
4. If there is an entrusted agent, the entrusted agent shall submit a copy of identification materials, a power of attorney with clear authorization, a certificate and letter from the entrusted law firm or trustee;
5. The victim has evidence to prove that the defendant should be investigated for criminal responsibility according to law for infringing his personal and property rights, and the case that the public security organ or the procuratorate refuses to investigate is accompanied by a notice of non-filing by the public security organ or a decision of the procuratorate not to prosecute;
6, with identity, address, a clear list of witnesses to testify in court and a list of witnesses who plan not to testify in court;
7. Evidence materials used to prove the facts of the defendant's crime;
8. If an incidental civil action is filed, a criminal incidental civil complaint and proof of material loss shall be submitted;
Three, the application for enforcement of the case need to submit materials
1. Original application for execution 1 copy (the basis, reasons, matters known by the application executor, the object of execution and the property status of the executed person shall be stated);
2. Copies of valid legal documents; To apply for enforcement of the arbitral award of an arbitration institution, a contract or arbitration agreement with an arbitration clause shall be submitted to the people's court;
3, the applicant's identity certificate (individual citizens to apply, should submit a copy of my identity certificate; Where a legal person applies, it shall submit a copy of the business license of the legal person, the original job certificate of the legal representative and a copy of the identity certificate; If other organizations apply, they shall submit the legal documents proving their valid establishment, the original post certificate of the principal responsible person and a copy of the identity certificate);
4. If the successor or obligee applies for compulsory execution, the certificate of inheritance or rights shall be submitted;
5. If there is an entrusted agent, the power of attorney and the identity certificate of the agent shall be submitted. The power of attorney shall specify the specific entrusted matters, affix the official seal of the unit, and be signed by the legal representative or person in charge.
(1) If the agent is a lawyer or a grassroots legal service worker, an official letter from the law firm shall also be submitted;
(2) If the agent is a close relative of the party concerned, it shall submit the household registration book, birth certificate, marriage certificate, adoption certificate, certificate from the public security organ, certificate from the neighborhood (village) committee, effective judgment documents, personnel files and other evidence to prove the kinship between the two parties.
(3) If the agent is a staff member of the party concerned, it shall also provide a written certificate or labor contract stating the position and working years of the staff member;
(4) If the agent is a citizen recommended by the community, unit and relevant social organizations where the parties are located, it shall also provide written proof materials such as a letter of introduction issued by the community, unit and relevant social organizations;
6. Other materials related to this case.
Four, the implementation of the case to be submitted when re filing materials.
1. If the execution procedure is terminated due to the applicant's cancellation of the application, the materials that should be submitted when the parties reapply for execution:
(1), ruling to terminate this execution procedure;
(2) Apply for execution again;
(3) Clues of the executed property;
(4) Other materials required for application for execution.
2. Due to the termination of the settlement agreement by stages, the parties fail to perform or not fully perform the settlement agreement, and the materials that need to be submitted when the applicant applies to resume the execution of the original effective legal documents:
(1), implement the settlement agreement;
(2) Apply for resumption of execution;
(3), has performed part of the proof;
(4) Other materials required for application for execution.
Verb (abbreviation of verb) Materials to be submitted in criminal appeal cases.
1, one positive and one negative complaint;
2. The identity certificate of the complainant (including the identity certificates of the defendant, the victim, the private prosecutor, the original defendant, his legal representative and his near relatives in the incidental civil action);
3. If there is an entrusted agent, the entrusted agent shall submit a copy of identification materials, a power of attorney with clear authorization, a certificate and letter from the entrusted law firm or trustee;
4. The original judgment documents of first instance and second instance;
5. If it has been reviewed or retried by the grass-roots court, it is necessary to attach the notice of rejection or retrial judgment document of the grass-roots court;
6. If a complaint is filed on the grounds that there are new reasons or new evidence to prove that the facts determined by the original referee are indeed wrong, a list of evidence, a list of witnesses and a copy or photo of the main evidence shall be attached;
7. The application for court investigation and evidence collection shall be accompanied by evidence clues.
Six, civil and commercial applications for retrial cases need to be submitted.
1, the original and photocopy of the retrial application are consistent with the number of the respondents and other parties in the original trial;
The application for retrial shall contain the following items:
(1) Basic information of the retrial applicant, the respondent and other parties in the original trial. If the party is a natural person, the name, sex, age, nationality, occupation, work unit, residence, effective contact telephone number and mailing address shall be listed; If the party is a legal person or other organization, the name and domicile of the unit, the name, position, effective telephone number and mailing address of the legal representative or principal responsible person shall be listed;
(2) The name of the court of first instance, the case number and effective date of the effective judgment, ruling and conciliation statement;
(3) Specific requests for retrial;
(four) the legal reasons, specific facts and reasons for applying for retrial; When applying for retrial, the reasons for retrial shall be clearly stated, and the listed reasons for retrial shall belong to the circumstances stipulated in Article 200 of the Civil Procedure Law.
(5) The name of the court that accepted the application for retrial;
(6) The applicant's signature or seal, and indicate the date of submission to the court.
2. The identity certificate of the applicant for retrial;
If the applicant for retrial is a natural person, he shall submit a copy of his identity certificate; If the applicant for retrial is a legal person or any other organization, it shall submit a copy of the business license, organization code certificate and identity certificate of the legal representative or principal responsible person.
Where another person is entrusted to file an application for retrial, the power of attorney signed or sealed by the retrial applicant and the identity certificate of the agent shall be submitted at the same time.
If the party who made the effective judgment in the original trial dies or loses the subject qualification, the rights and obligations of his successor shall provide the relevant certification materials of his rights and obligations when applying for retrial.
3. The original or verified copy of the effective judgment document for retrial; If the effective judgment is the second instance, the original or verified copy of the judgment documents of the first instance and the second instance shall be submitted at the same time;
4 copies of the main evidence submitted in the original trial;
5. Evidence supporting the reasons for applying for retrial and requesting retrial procedure.
(1) If the applicant for retrial applies for retrial on the grounds that the main evidence of the facts identified in the original judgment or ruling is forged, he shall provide evidence materials that the main evidence is false, forged or altered.
(2) If the applicant for retrial applies for retrial on the grounds that the legal documents on which the original effective judgment or ruling was based have been revoked or changed, it shall provide the corresponding legal documents that have been revoked or changed.
(3) If the applicant for retrial applies for retrial on the grounds of violating the principle of voluntariness or the contents of the mediation agreement violate the law, it shall provide evidence of the following circumstances: fraud, coercion and other acts violating the principle of voluntariness in the process of reaching the mediation agreement; The contents of the mediation agreement violate the mandatory provisions of laws and regulations; The contents of the mediation agreement have harmed the national interests, social interests or the legitimate interests of the third party.
7. Materials to be submitted for pre-litigation preservation.
(1) An application, which shall record the basic information of both parties, the reasons for the application, the specific contents, scope and reasons of the application, the object of preservation, the location of the object of preservation or relevant clues, and the object of proof for evidence preservation shall also be specified in the application for evidence preservation before litigation;
(2) A copy of the applicant's identity certificate, and if the applicant entrusts an agent, it shall also submit the authorization procedures;
(3) Guarantee materials submitted by the applicant.
(4) the qualification certificate of the applicant;
(5) If there is an entrusted agent, the power of attorney signed or sealed by the applicant and the identity certificate of the agent shall be submitted.
(6) Evidence that the Court of Appeal has jurisdiction over the case shall be submitted. Prove that the court of appeal is the place where the property is preserved, the domicile of the respondent or other people's courts with jurisdiction over the case.
Eight, the arbitration case need to submit the property preservation materials.
1, the applicant's application for preservation;
2, the applicant's main qualification certificate;
3. If there is an entrusted agent, the power of attorney signed or sealed by the applicant and the identity certificate of the agent shall be submitted.
4. Power of attorney of the arbitration organ;
5. Guarantee materials provided by the applicant.
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