Plaintiff: name, sex, age (date of birth), nationality, native place, occupation or work unit, position and residence.
Address, etc.
Legal Representative: Name, gender, age (date of birth), nationality, native place, occupation or work unit and position.
Address for service and relationship with plaintiff.
Authorized Agent: Name, gender, age (date of birth), nationality, occupation or work unit, position and address.
Address, etc. (If you are a lawyer, just write your name, work unit and position).
Defendant: name, gender, age, nationality, native place, occupation or work unit, position and address, etc.
Or other organizations and individual industrial and commercial households, it shall indicate its name, shop name, address, legal representative and representative in turn.
Or the name, position, telephone number and owner's name of the principal responsible person).
Claim:.
....................................
Facts and reasons
.......................................
Names and addresses of witnesses, names and sources of other evidence.
.............................................
I am here to convey
Xxxx people's court
Prosecutor: ×××××
* * * * Year * * Month * * Day
Attachment: X copies of this certificate.
2. Civil complaints used by legal persons or other organizations
Document format civil complaint?
Plaintiff's name (or font size):
Address:
Legal representative (or representative, responsible person and owner): name, position and telephone number.
Nature of enterprise: industrial and commercial registration approval number:
Scope and mode of business:
Bank of deposit: account number:
Authorized Agent: Name, gender, age, nationality, occupation or work unit, position and address, etc. (lawyer)
Yes, just write your name, work unit and position).
Name (or font size) of the defendant:
Address:
Legal representative (or representative, responsible person and owner): name, position and telephone number. (The defendant is a citizen,
Name, gender, age, nationality, native place, occupation or work unit, position and address, etc. ) explain it.
Third party: name, address, legal representative or representative, principal responsible person, owner's name, position, etc.
(If it is a citizen, its name, gender, age, nationality, place of origin, occupation or work unit, position and address, etc.). ).
Verb (abbreviation of verb) facts and reasons
The name and source of the evidence, the name and address of the witness
I am here to convey
Xxxx people's court
Prosecutor: ×××××
* * * * Year * * Month * * Day
(Official Seal of the Company)
Attachment: X copies of this certificate.
Pay attention to understanding
1. There are two forms of civil complaint: one is used by citizens (natural persons); Others are used by legal persons or other organizations (including litigation groups). The main difference between the two formats is that the description of the identity of the parties is different, and other main contents are the same. ?
2. The claims of civil indictments (including indictments, counterclaims, appeals and pleadings) shall be clear, specific and legal. The so-called "clear and specific" means to specify what disputes the people's court is requested to solve and what conditions are met, instead of writing "requesting the court to judge fairly" or "judging according to law" in a general and big way. The so-called "legal" means that it is required to comply with the relevant provisions of the law and cannot be too demanding. In addition, the claims must be concise, and when there are multiple claims, they should be written separately.
3. In the fact part, we should pay attention to the following two points when describing and explaining the case:
(1) Tell the truth objectively. We should not only reflect the facts and evidence that are beneficial to us, but also reflect the things that are not conducive to us.
Reality and evidence. You can't arbitrarily expand the situation by subjective assumptions. ?
(2) It is necessary to grasp the key and main plots and highlight the focus of disputes between the two sides. ?
In addition, it should also focus on the cause, process, result, controversial points or main differences of the dispute between Qingyuan v. and the defendant. ?
The explanation of the reasons can be divided into three levels:?
(1) Summarize the defendant's infringement facts; ?
(2) According to the relevant laws and regulations and the above facts, indicate the illegal and infringing nature of the defendant's behavior and explain it.
The legitimate rights and interests of the plaintiff should be protected; ?
(3) Citing the Civil Procedure Law as the legal basis for bringing a lawsuit. ?
5. The writing method of evidence part is the same as that of criminal private prosecution. ?
Civil counterclaim
Defendant (defendant in this case): Zhang XX, male, XX years old, Han nationality, native of Shaanxi Province, department manager of An XX Company, living in XX Street, XX District, Xi City. ?
Defendant (defendant in this case): Wang XX, female, XX years old, Han nationality, native of Shaanxi Province, cadre of sub-district office of XX District, with the same address as above. Wang XX, the counterclaim, is the wife of Zhang XX, the counterclaim. ?
Defendant (plaintiff in this case): Du XX, male, XX years old, Han nationality, Shaanxi native, XX hotel manager, living in.
XX building, xx city, Xi XX district. ?
In the case of the plaintiff's house lease agreement dispute, the defendant removed the load-bearing pillars of the house without authorization, causing serious damage to the rented house. The counterclaim is as follows:
Counterclaim request?
1. Request a judgment to dissolve the house lease agreement; ?
2. Order the defendant to restore the rented house to its original state; ?
3. The litigation expenses shall be borne by the defendant. ?
Facts and reasons?
1999 165438+1October16, counterclaiming defendants (Zhang ×××××××, Wang ××××) signed a house lease agreement with defendant Du×××. Both parties agreed that the counterclaim party would lease its 200-square-meter building on the third floor of brick-concrete structure at No.38 South Anhuancheng Road and its ancillary power distribution and water supply and drainage facilities to the counterclaim party for four years, and the counterclaim party would pay the counterclaim party an annual rent of 7? 50 thousand yuan. After the house lease agreement is signed, the counterclaim will deliver the house to the defendant according to the contract. The defendant renovated the house into a restaurant and started business. At the end of 2000, the defendant artificially modified the layout of the house and removed two load-bearing columns without the defendant's consent, which seriously damaged the structure of the house and greatly affected the firmness of the house. ?
In view of the above facts, the counterclaim party believes that the defendant's destructive renovation and repair of the rented house without the consent of the counterclaim party has seriously violated the contractual agreement between the two parties and damaged the legitimate rights and interests of the counterclaim party. According to the provisions of Article 2 19 and Article 223 of the Contract Law, we implore the court to grant the front row litigation request. ?
Name, domicile, evidence and source of evidence of the witness?
1. Original lease agreement; ?
2. Written testimony of witness Liu XX. XX Road, XX District, Xi City. ?
Hereby?
Xi Beilin District People's Court?
Plaintiff: Zhang XXX?
Wang XXX?
200 1 12 12?
Attachment: this counterclaim 1 copy.