1. Yes, in criminal private prosecution cases or civil cases, the litigation documents can be written by myself or by an attorney. In practice, if the parties do not have relevant legal knowledge, it is suggested to entrust an attorney to write litigation documents.
2, according to the provisions of the prosecution shall submit a complaint to the people's court, and put forward a copy according to the number of defendants. 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 complaint shall contain the following items:
1, the plaintiff's name, gender, age, nationality, occupation, work unit, domicile and contact information, the name and domicile of a legal person or other organization, and the name, position and contact information of its legal representative or principal responsible person;
2, the defendant's name, gender, work unit, address and other information, the name and address of the legal person or other organization and other information;
3. The request and the facts and reasons on which it is based;
4. Evidence and sources of evidence, names and residences of witnesses.
Second, how to file a lawsuit skillfully?
It can be said that the "essence" of the whole civil complaint lies in how to make a "claim", and the content of the claim is the direct purpose of the parties to file a civil lawsuit.
Different types of cases, different causes of action, naturally different demands. In 2008, the Supreme People's Court's Provisions on the Cause of Action of Civil Cases divided cases into hundreds of types. Even the same type of cases, due to the different objective facts and the situation of the parties, will also lead to different claims.
The so-called "ingenious" means that the words used in the lawsuit must be rigorous, concise and accurate, and the request should be clearly expressed; We should also "cherish ink as gold." The content of the request should be supported by specific facts and legal provisions. The litigation request is made on the basis of analyzing and studying the facts of the case and the legal provisions.
Whether the litigation request is appropriate is directly related to the success or failure of the case and the result. Many cases lost because of improper claims, or even won, they failed to achieve the purpose of litigation to a greater extent.
In the principle of civil trial, no matter what demands the parties make, they will be tried, that is, "ignore them without complaint."
Three. Matters needing attention when complaining
1, paper, pen and ink requirements. At present, the paper type of complaint generally requires A4 paper. At the same time, since the case materials tried by the court need to be filed and kept for a long time, it is best to print the complaint in black, or write it with a carbon pen, a black signature pen, a black or blue-black pen or a brush, but it is best not to use a printed copy or a pencil, a ballpoint pen or a red pen for a long time.
2, "the parties" column, should indicate the name (including the previous name). If the current name is inconsistent with the name on the ID card, the name on the ID card shall prevail; Because some cases are related to the specific age of the parties, it is best to specify the specific date of birth. If you really don't know the date of birth of the defendant or the third party, you can specify their age or approximate age; Indicate the specific unit and address or office address so that the people's court can serve relevant legal documents; Specify specific contact information such as telephone number as far as possible, so that the people's court can inform the court of relevant litigation matters by telephone or other means.
3. The problem of minor litigation. The plaintiff himself is a minor, and the law stipulates that "a person without civil capacity shall be represented by his guardian". In this case, parents are not plaintiffs, but legal representatives. So when writing a complaint, don't write your parents as plaintiffs. Similarly, in cases where the infringer is a minor, only the infringing minor is the defendant, and his legal representative or guardian shall be specified.
4, "claim" column, should indicate the specific claim. Fully reflect the "specific" requirements stipulated by law, otherwise, when public prosecution is initiated, the court will ask for a new prosecution. For example, if we only say "ask the defendant to compensate for the loss" without specifying the specific amount requested, the court will not file a case. If there are multiple claims, they should also be listed separately.
5. Cause of action. The cause of action is decided by the people's court according to the Supreme People's Court's claim when filing the case, not the content determined by the parties' prosecution.
I believe that after reading the above introduction, you should know more or less that the court complaint can be written by yourself. In criminal private prosecution cases or civil cases, the indictment can be written by oneself. If it is difficult to write a complaint, it can be brought orally and the people's court will record it. The above is about whether to write the indictment yourself. I hope I can help you.