First, to determine a clear defendant before prosecution, it is necessary to clarify the identity information, residence and contact information of the defendant. First, it is convenient to determine which court the case is prosecuted in; Second, it is convenient for the court (arbitration commission) to successfully deliver the prosecution materials to the defendant after the case is brought to the court (arbitration commission).
Two, when writing a civil complaint, the civil complaint shall comply with the provisions of Article 110th of the Civil Procedure Law, and the complaint shall contain the following items:
(a) the name, sex, age, nationality, occupation, work unit and address of the party concerned, the name of the legal person or other organization, and the name and position of the legal representative or principal responsible person;
(2) the request and the facts and reasons on which it is based;
(3) Evidence and its sources, names and residences of witnesses. "This legal provision highly summarizes the contents of the civil complaint.
The facts and reasons shall include the following:
(1) The fact part: It should focus on the purpose of litigation, fully reflect the objective truth of the case, complete the narrative and explain the six elements of the facts of a civil case. That is, time, place, people, events, causes and effects; The narrative should be true. The indictment is one of the important bases for the court to accept the case. When describing the case, we should seek truth from facts and reflect the original appearance of the case facts; The narrative should be clear. If it is directly related to the disputed facts, it shall be described in detail. If it is not important to the facts of the case, but it must be clearly explained, it may be briefly summarized. Words used to describe facts should be accurate in order to achieve proper expression.
(2) Reason: mainly list the evidence, and explain the source of the evidence, the name and address of the witness; According to the facts and the relevant provisions of the law, conduct rational argumentation. According to the first paragraph of Article 56 of the Civil Procedure Law, "the parties have the responsibility to provide evidence of their own claims". Explain that the parties bear the burden of proof. The main facts stated in the complaint shall list the corresponding evidence. Facts and reasons can be written separately, or together, stating facts and reasoning. According to the facts and evidence, in accordance with the relevant provisions of the law, analyze and demonstrate, distinguish right from wrong, clarify the relationship between rights and obligations, and confirm civil legal responsibilities.
Legal basis: Article 108 of the Criminal Procedure Law of People's Republic of China (PRC). The meanings of the following terms in this Law are:
(1) Investigation refers to the work of public security organs and people's procuratorates to collect evidence and find out the facts of criminal cases and the relevant compulsory measures taken according to law;
(2) "Parties" refer to victims, private prosecutors, criminal suspects, defendants, plaintiffs and defendants in incidental civil actions;
(3) "Legal representative" refers to the parents, adoptive parents and guardians of the client and the representatives of the organs and organizations responsible for protection;
(4) "Participants in litigation" refers to the parties, legal representatives, agents ad litem, defenders, witnesses, expert witnesses and translators;
"Agent ad litem" refers to the victim of a public prosecution case and his legal representative or near relative, the person entrusted by the private prosecutor and his legal representative in a private prosecution case to participate in the litigation on his behalf, and the person entrusted by the party involved in an incidental civil litigation and his legal representative to participate in the litigation on his behalf;
(6) "Close relatives" refer to husbands, wives, fathers, mothers, sons, daughters, brothers and sisters.