Model essay with civil complaint (1)
Plaintiff: Weng xx, male, Han nationality, born on xx, 19xx, living in xx village, xx town, xx county, Xinyang City.
Defendant I: xx County Public Security Bureau, legal representative: Director xxx
Defendant II: xx Town Government, legal representative: xxx
Defendant III: Yu xx, female, Han nationality, living in xx Team, xx Street Village, xx Town
Defendant IV: Ren xx, male, Han nationality, the same as above
Defendant V: Ren xx.
2. Request to confirm that Defendants I and II violated the law and demanded the plaintiff to perform their obligations;
3. Request to cancel the mediation agreement signed by the plaintiff under duress;
4. Request Defendant III to return the plaintiff's compensation of RMB 1.65 million and interest;
5. Request the defendant * * * to bear the losses suffered by the house;
6. Request the defendant to bear the lawyer's fee of RMB 11111;
7. The defendant was ordered to pay 211,111 yuan for mental damages;
8. The defendant is ordered to bear the litigation costs.
Facts and reasons:
At 11 o'clock on the morning of xx, xx, xx County, the plaintiff went to the home of xx Group, neighborhood committee of xx Town, xx County to practice medicine, and treated xx with infusion as usual. During the infusion, Ren xx became delirious due to the change of his illness, shortness of breath and other abnormalities. After being rushed to XX Town Health Center for emergency treatment, he was determined to die of sudden cerebral hemorrhage.
Ren xx died of sudden cerebral hemorrhage due to his own reasons, which had no causal relationship with the diagnosis and treatment of the plaintiff and xx Town Health Center. His family also recognized this fact and wanted to bury the deceased. After learning this situation, the deceased's younger brother, Ren xx, rallied dozens of people in the extortion gang headed by Ren xx on xx, xx, XX, XX, and moved the corpse from the deceased's home to the plaintiff's home, placing it in black and white coffins. The scene was terrible, and he arbitrarily placed wreaths, burned paper and incense, and played funeral music in the plaintiff's home for as long as 15 days. The plaintiff's family was frightened and afraid of being ill. Live a life of dependence and drift from place to place. At the same time, it also caused serious damage to the walls and floors of the house, and the walls were filthy. At present, the house can neither be lived nor sold, and the new house with a value of more than one million is like an abandoned house. For the above-mentioned illegal and criminal acts, the plaintiff reported to the public security organ. After the relevant personnel of the town government of the public security bureau arrived at the scene, they not only did not file a case for the medical troublemakers, but instead filed a case for investigation on the plaintiff for suspected illegal medical practice without any evidence, and after detention, they were arrested and detained in Xixian detention center. The public security bureau and the town government have the administrative functions of protecting citizens' personal rights, democratic rights and other rights. After receiving a complaint from a citizen, he not only ignored the complaint, but also did not take any measures against the offenders, which showed obvious administrative inaction. What was more serious was the illegal public support for illegal medical treatment, which made the other party behave even more recklessly after being encouraged by the Public Security Bureau and the town government, and demanded compensation from the plaintiff unreasonably, causing serious personal, property and mental injuries to the plaintiff and causing huge losses. In order to clarify the truth and clear the wrong. The plaintiff petitioned for many times and hired a lawyer to help him. On xx, xx, 21xx, under the urging of the higher-level government and relevant departments, the xx County Public Security Bureau decided to dismiss the case with xx Gong (Zhi) Withdrawal Word [2114]xxxx, and finally cleared the grievances for the plaintiff, proving that Ren xx's death had no causal relationship with the plaintiff's diagnosis and treatment. Xx county procuratorate is making state compensation for the procuratorate's wrong approval of arrest after receiving the decision to withdraw the case.
Since October 28th, 2112, Li xx, the squadron leader of xx County Public Security Bureau, Yang xx, the director of xx Town Comprehensive Management Office, and Wang xx, the director of xx Police Station, visited the guards many times, so they threatened and intimidated the plaintiff that it would take more than 11 months to go through legal procedures, and said that it would take more than 11 years for the plaintiff to mediate with the family of the deceased as soon as possible, but the plaintiff resolutely disagreed. Later, they found an urn xx (the plaintiff's third brother) in Shanghai to discuss. Unknowing the truth, Weng xx was intimidated and pressured by the public security bureau and the town government. On February 6, 2113, under the auspices of Yang xx, the director of the Public Security Bureau, the town government and Baoxin Town Judicial Office, the Ministry of Industry and Industry in xx County was forced to reach a mediation agreement with the other party, and was forced to transfer the compensation of 165,111 yuan into Yang xx's account, which caused great damage to the plaintiff's property. The compensation was paid by the plaintiff because of the coercion of defendants 1 and 2 and the extortion of defendants 3, 4 and 5. According to Article 54 of the Contract Law, the contract signed due to coercion is a revocable contract, and the plaintiff has the right to request the defendant to return the compensation and bear the corresponding interest after revocation.
the plaintiff has been practicing medicine for many years, and his medical skills and medical ethics are highly praised by his neighbors. Being wrongly detained and arrested for being suspected of "illegal medical practice" caused the plaintiff's reputation to be ruined and the economy to plummet. For this reason, the plaintiff's parents fainted several times and his wife's spirit was on the verge of collapse ... The plaintiff's personal freedom, personal dignity, reputation and honor rights were seriously violated, and the plaintiff was entitled to compensation for mental damage according to law.
To sum up, the administrative inaction of Defendants I and II coerced the plaintiff to sign the agreement; The unjust enrichment and torts of Defendants III, IV and V have seriously violated the legitimate rights and interests of the plaintiff. According to the General Principles of Civil Law, Administrative Procedure Law and other relevant laws and regulations, I hereby appeal to your hospital, imploring the court to find out the facts according to law and make a fair judgment.
This letter is addressed to
xx People's Court
Witness: Weng xx
Agent: Lawyer Luo XX of Henan * * Law Firm
Model essay with civil complaint (2)
Plaintiff: Zhou Guoxiong, male, 47 years old, working in agriculture, with address: Tantang Village Group, Shuhua Village, Beidun Town, peace county.
plaintiff: Zhou mujin, male, aged 57, working in agriculture, with the same address as above.
plaintiff: Lin Qiyu, male, aged 61, working in agriculture, with the same address as above.
Plaintiff: Ling Yuwu, female, 71 years old, farming, address: Huling Village Group, Shuhua Village, Beidun Town, peace county, and telephone number: * * * * * * *.
plaintiff: Lin dechi, male, 72 years old, working in agriculture, with the same address as above.
Plaintiff: Lin Jiali, male, 63 years old, working in agriculture, and his address is Libei Village Group, Shuhua Village, Beidun Town, peace county.
Defendant: Shuhua Village Committee, Beidun Town, peace county
Legal representative: Zhou Xianguo, male, director.
Defendant: Zhou Xiaoka, female, adult, farming, address: Zhongpian Village Group, Shuhua Village, Beidun Town, peace county.
Defendant: Zhou Muping, female, adult, farming, address: same as above.
Defendant: Zhu Xiuru, female, adult, farming, address: ditto.
Claim:
1. The defendant Shuhua Village Committee in Beidun Town, peace county was fined and the person directly responsible Zhou Xianguo was sentenced to fixed-term imprisonment of not more than three years.
2. The defendants Zhou Xiaoka, Zhou Muping and Zhu Xiuru were sentenced to fixed-term imprisonment of not more than three years.
3. The defendant was ordered to compensate the plaintiff for the loss of trees of 311,211 yuan, and each defendant was jointly and severally liable for advance payment.
Facts and reasons:
The mountain forest located around Shuhua Reservoir in Beidun Town, peace county is the plaintiff's hilly land (as evidenced by six certificates of hilly land retention), and the plaintiff's average mountain forest area is about 81 mu, ***481 mu. The forest in this mountain has become a forest, and the income from the forest is an important part of the plaintiff's living expenses.
On May 31, 2111, the peace county Forest Fire Prevention Command Office's "Reply on the Loss of Mountain Fire in Shuhua Village, Beidun, 2118" was informed that at 11: 31 on October 1, 2118, a mountain fire broke out in Shuhua Village (Shuhua Reservoir), Beidun Town, peace county, and the county and town leaders attached great importance to it and went to the scene to direct the rescue. With the concerted efforts of everyone, it was completely extinguished at 11: 11 on October 2. On October 2nd, after on-site appraisal by technicians of peace county Forestry Bureau and investigation and verification by Forest Branch of peace county Public Security Bureau, the cause of this mountain fire was burning grass. The perpetrators were Zhu Xiuru, Zhou Xiaoka and Zhou Muping, and the fire area was 96.6 hectares. In addition, peace county Forestry Bureau replied in the public servant's mailbox: "It was found that the case was due to the danger removal and reinforcement project of Shuhua Reservoir. The village Committee hired local villagers to remove weeds from the dam, and burning weeds caused forest fires."
according to the standards of the state forestry administration and the Ministry of public security on the jurisdiction and filing of criminal cases of forest and terrestrial wildlife, "a particularly serious case is one in which the area of forest land is over 51 hectares, or more than two people are killed." In addition, it is the regulations formulated by the provincial high courts in combination with the actual situation of the province. For example, the "Several Provisions on Handling Cases of Fire and Fire Liability Accidents" jointly formulated by the Jiangxi Higher People's Court, the Provincial People's Procuratorate and the Provincial Public Security Department, which was implemented on February 1, 2117, stipulates: "(1) Whoever negligently causes a fire and has one of the following circumstances, he should be sentenced to fixed-term imprisonment of not less than three years but not more than seven years in accordance with the provisions of the second paragraph of Article 115 of the Criminal Law: 5. According to the State Forestry Administration and the Ministry of Public Security's Standards on Jurisdiction and Filing of Criminal Cases of Forest and Terrestrial Wild Animals and Several Provisions on Handling Cases of Fire and Fire Liability Accidents, the area of this mountain fire is 96.6 hectares, which is a particularly serious case, and the perpetrators should be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. The plaintiff applied to peace county Public Security Bureau for handling, Heyuan Public Security Bureau rechecked, and Guangdong Provincial Public Security Bureau rechecked. The defendants Zhou Xiaoka and others all started fires in the haystacks at the same time, and there were many fires, so it was impossible to verify the person who was directly responsible for the mountain fire caused by negligence, and they were not investigated for criminal responsibility. According to Article 171, Paragraph 1, Item 3 of the Criminal Procedure Law of the People's Republic of China: "Cases of private prosecution include the following cases: (3) Cases where 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, but the public security organ or the people's procuratorate will not investigate the defendant's criminal responsibility." The basis of the plaintiff's private prosecution: 1. Guangdong Provincial Public Security Department's Guangdong Gongqunfu No.2111138 Reply Opinion on Review of Letters and Visits, which can prove that the defendant will not be investigated for criminal responsibility; 2. The "Reply on the Loss of Mountain Fire in Bedun Shuhua Village on October 1, 2118" and the "Reply" in the mailbox of peace county Forestry Bureau can prove that the defendant lost Yamakaji's guilt. It complies with the provisions of Item 3, Paragraph 1, Article 171 of the Criminal Procedure Law of the People's Republic of China. According to Article 31 of the Criminal Law of the People's Republic of China: "If a unit commits a crime, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished. Where there are other provisions in the specific provisions of this Law and other laws, such provisions shall prevail. " Defendant Shuhua Village Committee of Beidun Town, peace county City sentenced the defendant to a fine and Zhou Xianguo, the person directly responsible, to fixed-term imprisonment of not more than three years.
the plaintiff's mountain forest was burned by the defendant, with an average of 81 mu per person. Due to many years, the site has been destroyed, so it is impossible to evaluate the value of the original trees. The plaintiff claims that according to Schedule 1 of the Implementation Measures for Land Acquisition Management in Heyuan City (Hefu No.2115112): Unified Compensation Standard for Land Acquisition in Heyuan City, the young crops of forest land should be compensated for 641 yuan per mu, that is, the defendant must compensate the plaintiff for the loss of trees of 481 yuan× 641 yuan/mu =311211 yuan.
to sum up, the plaintiff's mountain forest was burned by the defendant, with an average of 81 mu per person. The public security organ refused to investigate the defendant's criminal responsibility and the plaintiff had sufficient evidence to prove the defendant's criminal facts, which was in line with the provisions of Article 171, Paragraph 1, Item 3 of the Criminal Procedure Law of the People's Republic of China, the Criminal Law of the People's Republic of China and Article 31. Specially filed a criminal private prosecution with an incidental civil lawsuit with the People's Court of peace county, requesting the People's Court of peace county to sentence the defendant Shuhua Village Committee of Beidun Town, peace county to a fine and the directly responsible person Zhou Xianguo to fixed-term imprisonment of not more than three years; Sentenced the defendants Zhu Xiuru, Zhou Xiaoka and Zhou Muping to fixed-term imprisonment of not more than three years; The defendant was ordered to compensate the plaintiff for the loss of trees of 311,211 yuan, and each defendant was jointly and severally liable for advance payment. In order to safeguard the dignity of the law and protect the legitimate rights and interests of the plaintiff from infringement.
this
presentation: peace county people's court
private prosecutor: Lin Qihai
** year March 9.