Question 2: How to write a statement of claim begs for a sample Give you a sample, just change it.
Civil suit
Plaintiff: Wang × Fu, male, 56 years old, Han nationality, XX Province, Jinning County people, Yunnan XX Hotel employees, living in Kunming City, Yunnan Province, XX Street, No. 5 ×, Contact Tel: 0871-363 ××××.
Defendant: Wang Xizai, male, 58 years old, Han nationality, XX Province Jinning County, Kunming City, XX factory workers, living in Kunming City, Yunnan Province, XX Street, No. 6 ×, Contact Tel: 0871-364 ××××.
Litigation request
First, request the court according to the law, the defendant sold his parents' heritage of three brick house proceeds of 518,500 yuan by the original, the defendant average inheritance.
Second, the court requested the defendant to bear all the litigation costs in this case.
Facts and reasons
The defendant and I are siblings and have no other siblings. In October 2001, the defendant and I have set up their own families, separated from their parents. January 23, 2003, the parents in Kunming City, Yunnan Province, XX Street, No. 5 × self-built three brick house to live in. December 2003 the defendant's family due to the collapse of the housing, but also in order to take care of the old man, moved to the parents' home to live together until April 2005, the two old people died one after the other. At that time, taking into account the practical difficulties of the defendant's family, I did not have the good sense to raise the issue of division of parental inheritance.
However, in August this year, the defendant Wang × Cai in the absence of consulting my consent, but unauthorized parents left three brick house sold, the sale of housing money 518,500 yuan, all for themselves. I learned of this deprivation of my inheritance rights to the defendant to negotiate, but the defendant bites he did more than my obligations, not only the burden of the old man's living expenses, but also in the life of the old man, and also repaired the house, and therefore refused to inherit with me *** with my parents.
In my opinion, the defendant's argument for exclusive possession of the estate is not tenable, and the defendant and I have done roughly equal duty of support to the old man.
1. On the burden of the elderly living expenses. From March 1994 to April 2005, parents died in this period, I insisted on sending 200 yuan per month in the field to support the two old. This fact, parents' neighbor Li × × can prove. According to the general standard of living of the residents of Jilin City at that time, the parents need monthly living expenses of about 320 yuan, I send 200 yuan per month, plus some of my father's sporadic income, the defendant is only about 100 yuan per month. Besides, when the two old people died, I and the defendant **** with the funeral expenses. This fact, Kunming City, Yunnan Province, XX Street × × × group leader Liu × × can prove.
2. On the issue of serving the elderly. First of all, the defendant's family in the life of the old man, this is a fact, but the two old man alive to help the defendant to run the household, this is also a fact. Moreover, two, I work in the field, can not directly care for the elderly, therefore, the defendant to the elderly to do some of the obligation to wait is natural. Secondly, about the maintenance of the house. After the death of parents, the defendant long-term occupation of the parents left three houses, which is actually a long-term gratuitous occupation of which should be inherited by my share of the inheritance, therefore, the defendant on the maintenance of housing is completely due.
In summary, the defendant Wang × Cai disregard the facts, do not miss the love of brother and sister, sole possession of the parents' inheritance, both contrary to common sense, and against the law. China's Marriage Law, Article 24, paragraph 2, provides that "parents and children have the right to inherit from each other." Article 13, paragraph 1, of China's Inheritance Law provides: "The shares of inheritance of heirs of the same order shall generally be equal." Paragraph 1 of Article 25 states, "If, after the commencement of inheritance, an heir renounces the inheritance, he shall, before the estate is disposed of, make an expression of renunciation of the inheritance. Failure to make such an indication shall be deemed to be an acceptance of the inheritance." Based on the above facts and laws, I believe that I not only have the right to inherit my parents' estate, but also have the right to inherit my parents' estate equally with the defendant, i.e., I am entitled to the house payment of 259,250 yuan. I ask the court to be impartial and protect my legitimate rights and interests from being violated.
Hereby
XX District People's Court of Kunming City
Pleader: X×X
August 21, 2006
Attachment: 1. a copy of the civil suit;
2. two copies of the documentary evidence ... >>
Question 3: What is the process of prosecution? How to write the indictment? Process:
1, the prosecution, that is, to the court of competent jurisdiction to file a complaint.
2, the case review
Meet the conditions of the case, notify the parties to pay the litigation fee within seven days, after payment to be filed; do not meet the conditions of the case, ruled inadmissible.
If you are not satisfied with the decision to dismiss the case, you can appeal to a higher people's court within 10 days.
Accepted, the court will send a copy of the indictment to the other party within 5 days, the other party to defend within 15 days, notify the parties to the exchange of evidence, according to the party's application, make a ruling on the preservation of property, and immediately begin to implement
3, scheduled hearings
3 days in advance to notify the parties of the time and place of the court, the organizer; public hearing of the case Announcement is made 3 days in advance.
4, hearing
Announced the opening of the hearing, check the identity of the parties, announced the members of the panel, informed the parties of their rights and obligations, and asked whether to apply for disqualification
The court investigation: the parties to state the facts of the case.
Evidence: inform the rights and obligations of witnesses, witnesses testify, read out the testimony of witnesses who did not appear in court, the production of documentary, physical and audio-visual evidence; the parties to the evidence materials to express their views.
Court debate: the parties on the disputed facts and legal issues, the defense and argumentation.
Court conciliation: under the auspices of the court, the parties agree to resolve the dispute.
If a conciliation agreement, the production of conciliation, the parties signed after the entry into force, the parties to fulfill the content of the conciliation or apply for implementation; did not reach a conciliation agreement, the collegiality of the court to make a ruling (pronouncement of judgment).
5, pronounced
Agree with the judgment, the parties automatically fulfill the obligations determined by the referee or tell the court to apply for execution; do not agree with the decision, the need to differentiate between the circumstances:
Ruling: the date of delivery of the appeal to a higher people's court within 10 days;
Judgement: the date of delivery of the appeal to a higher people's court within 15 days.
Judgment: appeal to a higher people's court within 15 days from the date of service.
According to the relevant legal provisions, the provisions of civil litigation writing:
The Chinese People's *** and National Civil Procedure Law
Article 121 The indictment shall state the following matters:
(a) the name, sex, age, nationality, occupation, work unit, residence, contact information of the plaintiff, the name of a legal person or other organization, the residence and the name of the legal representative or principal responsible person. name, position and contact information of the legal representative or principal person in charge;
(ii) the name, gender, work unit and residence of the defendant, and the name and residence of the legal person or other organization;
(iii) the claim and the facts and reasons on which it is based;
(iv) the evidence and the source of the evidence, and the names and residences of the witnesses.
Problem four: how to write a debt collection lawsuit civil suit is China's "Civil Procedure Law" on the basic requirements of civil litigation, is the civil plaintiff to protect their civil rights and interests, that their legitimate rights and interests are infringed upon or disputes with other people, based on the facts and the law, requesting a lawsuit according to the law of the referee, and is one of the most commonly used legal instruments. For the convenience of the parties to write a "civil suit", the content and format of the civil suit is introduced to you for reference. First, the content of the civil suit is generally composed of seven parts: 1. Shall be specified as "civil suit". 2. The natural situation of the parties. That is, the basic situation of the plaintiff and the defendant, the natural situation of the parties have two cases: a natural person, a legal person. When the parties are natural persons, the plaintiff will write the name, gender, date of birth, nationality, occupation, work unit, address and contact information. When the party is a legal person, the plaintiff should write the name, address, contact information, the name of the legal representative, position. If entrusted with an agent, but also write the agent's name, gender, age, nationality, position, work unit, address and contact information. Plaintiff in writing their own situation at the same time, but also write the defendant's situation. Because "there is a clear defendant" is the people's court accepts the case of one of the legal conditions. Defendant's basic information and the plaintiff the same way, such as items that do not know can not write, but must write the defendant's name and address or location. Here to explain is the "residence, address, address" of the problem. In civil litigation, the domicile is usually also referred to as the place of residence. The domicile of a citizen is the place where he or she is registered. Requirements in the indictment to write a citizen's address, generally refers to the address of the citizen's domicile, but the citizen's domicile and habitual residence is not the same, it can write the address of habitual residence. 3. Litigation request. To write a request for the court to solve what problems, put forward a clear and specific requirements. If there are a number of requirements, can be expressed in subparagraphs. If there are three specific requirements in the divorce case, can be written as follows: 1. request for a divorce order, the defendant; 2. the legitimate child x x x x by whom to raise, who gives maintenance; 3. husband and wife **** with the division of property according to law, the debt is borne according to law. 4. Facts and reasons. After filing a lawsuit, it is necessary to provide sufficient basis for its request. First of all, the facts. To the legal relationship between the two parties, the cause of the dispute, after and the current situation, especially the focus of the dispute between the two sides, factually write clearly. Reasoning is to analyze, clear responsibility, and cite the relevant laws and policies, regulations. Such as divorce cases, generally should be written when the two sides married, how the foundation of pre-marital feelings, changes in feelings after marriage, when and for what reason the relationship began to change to the point of rupture and so on; explain the reasons for granting the divorce, and cite the relevant provisions of the Marriage Law; after the divorce of the children's maintenance, property division of the handling of the opinion. Another example is in the contract dispute, to write a clear contract after the signing of the contract, the specific content, the cause of the dispute, the litigation request and the relevant legal policy basis. In Facts and Reasons, the plaintiff should list all the evidence available to the court. The names and residences of witnesses, documentary evidence, the source of physical evidence and who keeps it, and provide copies to the court so that the court can investigate. 5. The court to be sued. According to the jurisdiction of the court, the civil complaint should state the court to be sued. 6. Paragraph. At the end of the plaintiff's name to be signed, or stamped and the time of filing the civil complaint. 7. Attachment. Shall specify the number of copies of the complaint, the number of copies of evidence and other materials. Second, the format of the civil suit: (a) the plaintiff is a natural person, the form of the indictment. Civil suit plaintiff: name, gender, date of birth, nationality, work unit, occupation, address, contact information. Defendant: name, gender, date of birth, nationality, work unit, occupation, address, contact information. Requests: (write down the purpose to be achieved by filing a lawsuit to the court). Facts and reasons: (Write down the factual and legal basis of the lawsuit or claim, including the evidence situation and the names and contact addresses of witnesses). Hereby ×××× People's Court Plaintiff: (Signature or seal) ×××× x month x day Attachment: 1. x copies of this complaint (according to the number of defendants to determine the number of copies); 2. x copies of evidence; 3. x copies of other materials.
Question 5: how to write a lawsuit Civil Suit Plaintiff: XXX, male, Han nationality, X years old, living in XX District XX Park X Building XX. ID card number: XXX Defendant: the same format address: Case: Tort Dispute Request 1, request the court to order the defendant to compensate the plaintiff for the loss of xxx yuan; 2, request the court to order the defendant to compensate the plaintiff for the moral damage fee of xxx yuan; 3, request the court to order the defendant to bear the litigation costs of this case. Facts and reasons to write the facts you want to state, as well as the reasons, and the relevant evidence to summarize the above, the plaintiff in order to safeguard their legitimate rights and interests, especially to your court, hope that the judgment as requested. To the XXX People's Court, the pleadings: (my signature) month
Question 6: how to write a lawsuit to the people's court to file a civil lawsuit (as opposed to administrative lawsuits, criminal proceedings), there must be a lawsuit. The following is a brief description of the writing method and the main points of the civil complaint.
Steps / methods
1
Complaint, is a party (the plaintiff) in order to protect or realize their own rights and interests, according to law to the people's court to put forward some kind of litigation, and the facts and reasons of the legal documents.
The civil complaint, also known as civil indictment, refers to the civil case (as opposed to administrative cases, criminal cases) of a party (the plaintiff), in order to protect or realize their own rights and interests, according to the people's court to put forward a civil claim, and state the facts and reasons for the legal documents.
2
The role and status of the pleadings in the litigation.
The role of the pleadings in the litigation is to "file a lawsuit", "to the people's court application to start the proceedings". The people's court's judicial behavior is passive, so the plaintiff must be submitted by the plaintiff to initiate proceedings.
The status of the pleadings in the litigation is "programmatic documents", that is, the pleadings to achieve such a purpose: a first contact with the case, read the pleadings on the basic understanding of the ins and outs of the case.
3
The basic structure of the pleadings.
The civil complaint is generally divided into five basic parts:
1, the head. Generally written "civil complaint" or "civil suit". 2, listing the main body of the lawsuit. The plaintiff and the defendant is the basic subject of the lawsuit. There is a third person, but also to list the third person.
Natural person subject to litigation, in accordance with the "name, gender, nationality, date of birth, occupation, address, identity card number, contact information" in order. One of the name, gender, date of birth (really not clear can write an approximate age), address, contact information is a must have 5.
The main body of the unit litigation, to write the name of the unit, legal representative, address (domicile), contact information, it is best to attach a copy of its business license.
3, litigation claims. Litigation requests to be separated by serial numbers, each in accordance with the "request for legal order XXXXX;" the format to write.
In addition, some courts now require the pleadings also set out the cause of action. But the cause of action is not a mandatory part.
4, facts and reasons. That is, first the facts (such as infringement), and then the reasons for compensation (substantive law provisions) and the reasons for litigation (procedural law provisions).
In practice, for simplicity, some simple cases can not set out the reasons in detail, only write "shall be liable according to law", "according to lawsuit to your court" can be.
5, the end. The end of the text should be written to submit a petition to the court, the person (plaintiff), the prosecution time. To the people's court to submit the petition, there must be at least one is signed by the person with the petition (seal, handprint) of the original.
4
The basic format of the complaint.
The pleadings should be printed on A4 paper, preferably without alteration.
The title of the pleadings should be in two bold letters.
The body of the pleadings should be in four-pointed Song font.
The pleadings of the "claims" and "facts and reasons", should be used three bold.
Part of the signature of the pleader and the date of the suit should be left blank, so that the pleader to sign.
5
Misconceptions about writing pleadings.
1, the more detailed the pleadings, the better. In fact, a good pleading is a simple pleading. The pleadings just need to make the case clear in a concise manner.
2, a pleading can write a lot of things, can mention a lot of claims. For professional lawyers, a case is a case, not to see it contains a few "things", but to see if it belongs to the same "legal relationship". As long as it is within the same legal relationship, a few claims can be raised. But not a legal relationship, even in a "thing", can not be prosecuted as a case.
6
Several common pleadings "facts and reasons" part of the writing points.
I. Divorce petition.
1, the basis of marriage (after knowing, love time, family situation, family support or not); 2, the time of registration of marriage and the registration authority; 3, there are children, write the name of the child, gender, birth time; 4, feelings after marriage; 5, the acquisition of important property.
Second, inheritance cases.
1, the situation of the decedent; 2, the situation of the heirs; 3, the inheritance.
END
Notes
1, the pleadings are the fundamental instrument for filing a lawsuit, is a must-have document in the lawsuit.
2, in practice, many of the court's trial task is very heavy, the judge is often directly look at the pleadings, and then in accordance with the pleadings of the case to make a preliminary judgment.
So, a good pleadings can make the judge refreshing, the plaintiff to establish a good first impression, to obtain sympathy points
3, the pleadings are generally prepared according to the other side of the "number of opposing parties + 2" number. 2 of them ...... >>
Question 7: How to write the indictment Hello:
Before you write the indictment, you need to know and understand the facts and basis of your indictment, the following tells you the indictment of the main requirements and writing, the following example is attached to the suggested reference.
(a) the first part should be written in order to write the name of the instrument civil suit, the plaintiff and the defendant's basic situation. The plaintiff should write the name, sex, date of birth, nationality, occupation, work unit and address. Defendant's basic information is written in the same way as the plaintiff, if there are items that are not known, you can not write, but you must write the name or name of the defendant and residential address or address. Because there is a clear defendant is the people's court accepts the case of one of the legal conditions. If the whereabouts of the defendant is unknown (such as the opposing party in a divorce case), the reasons and relevant circumstances. On the residence, address, the address of the reference. The domicile is usually also referred to as the place of residence. A citizen's domicile is the place where he or she is registered. Requirements for the indictment to write a citizen's address, generally refers to the address of the citizen's domicile, but the citizen's domicile and habitual residence does not coincide with the address of habitual residence can be written. In order to facilitate contact, improve the efficiency of the case, in the pleadings should try to write the plaintiff, the defendant's communication number (such as office telephone, residential telephone, cell phone, beeper, etc.).
(b) the body includes the following content
1. To write a request for the court to solve what problems, put forward clear and specific requirements. If the request for divorce, there are a number of specific requirements, can be expressed in subparagraphs. If there are three specific requirements in the divorce case, written as follows: ① request for a divorce order plaintiff and defendant; ② legitimate child × × × × by the plaintiff to raise, the defendant to pay maintenance; ③ husband and wife * * * the same property is divided according to law, the debt is borne according to law. 2. Facts and reasons. To set out the facts, reasoning, citing the relevant laws and policies, for the legitimacy of the lawsuit provides sufficient basis. Lay out the facts, is to the legal relationship between the parties, the cause of the dispute, after and the status quo, especially the focus of the dispute between the two sides, factually write clearly. Reasoning, is to analyze, distinguish between right and wrong, clear responsibility, and cite the relevant legal provisions and policy provisions. In divorce cases, generally should be written when the two sides married, pre-marital relationship basis how, after marriage, changes in feelings, when for what reason the relationship began to deteriorate, so as to develop to the point of rupture, etc.; explain the reasons for requesting the granting of divorce, and cite the relevant provisions of the Marriage Law; after the divorce of the children's custody, property division, etc., to facilitate the court according to law. 3. evidence and evidence sources, the witnesses' names and address. The plaintiff in civil litigation has the burden of proof, to be able to prove the facts of the case, to support their own claims of evidence, including documentary evidence, physical evidence, audio-visual materials, witness testimony, statements of the parties, appraisal conclusions, examination records, and so on. List of documentary evidence, to be attached to the original or copy, such as the Department of excerpts or transcripts, to faithfully reflect the original intent, do not take out of context, and should indicate the source of the material; list of physical evidence, to write what kind of items, in what place by who is preserved; list of witnesses, to write the witnesses, the name and address of the witnesses, and he can prove what issues, and so on.
The end of the name of the court under indictment, the annex, in addition to writing a copy of the indictment x copies, the submission of evidence, but also write the name and number of evidence. Finally signed and sealed by the prosecutor, write the date of prosecution.
The civil complaint, should be in accordance with the provisions of Article 110 of the Civil Procedure Law, "the complaint shall state the following matters: (a) the party's name, sex, age, nationality, occupation, work unit and address, the name of the legal person or other organization, residence and legal representative or principal person in charge of the name, position; (b) the claim and the basis of the facts and reasons; (c) the legal representative or principal person in charge of the case, and the legal representative or principal person in charge of the case. facts and reasons; (iii) evidence and sources of evidence, and the names and residences of witnesses." This legal provision highly summarizes the content of civil pleadings.
According to this legal provision, combined with the actual civil litigation, the general structure and content of the civil complaint elements, roughly as follows:
① title. Write "civil complaint" or "civil suit".
② basic information about the parties. The parties to the civil action include the plaintiff and the defendant. Write the plaintiff first, then write the defendant, subparagraphs of the name, gender, age, nationality, place of origin, occupation, work unit and address and other items. If the parties are enterprises, institutions, organizations, groups, the plaintiff and the defendant, the first item states the name and location of the unit, the second item states the name of its legal representative, position. When there are several parties, should be written in order, according to the enjoyment of the rights and obligations of the size of the arrangement. Plaintiffs enjoying large rights ...... >>
Question 8: how to write a complaint A, the complaint, is a citizen, legal person or other organization as a civil plaintiff in their own civil rights and interests are infringed upon or disputes with others, in order to safeguard their own civil rights and interests, based on the facts and the law, to the people's court litigation, to request a decision according to law, when the written request.
Second, the style
civil suit
Plaintiff:
Defendant:
Claims:
Facts and reasons:
Evidence and sources of evidence, the name and address of the witnesses:
Hereby
xx People's Court
Attachment: copy of the complaint.
Prosecutor:
Month of the year
Third, fill in the requirements
1. Parties to the column, indicate the natural situation. Natural person to list the name, gender, age, nationality, work unit, address. Legal persons or other organizations to list the name, place of residence, legal representative or person in charge of the name and position. Fill in the information accurately, especially the name (name) column can not have any typos. The address should be as detailed as possible, specific to the door number. It is best to specify the zip code and mode of communication.
2. Mainly write a request for the settlement of disputes over the rights and interests and matters in dispute. Write a request for the People's Court to resolve the plaintiff's request for civil rights and interests of the specific matters of the dispute.
3. Facts and reasons. Facts part, to fully reflect the objective reality of the facts of the case. Part of the evidence, there are three elements: listing the submission of the relevant documentary evidence, physical evidence, as well as bring up materials that can prove the truth; instructions, physical evidence, as well as the source of other relevant materials and the degree of reliability; the content of the witnesses' testimony, as well as the witnesses' names and addresses.
4. At the end of the indictment, the party is a natural person, to be signed by myself, is a legal person or other organization, by the legal representative or person in charge of the signature and stamped with the official seal of the unit. The date should be filled in accurately.
Question 9: how to write the indictment? Civil suit (for citizens)
Plaintiff: (write the basic situation, name, gender, age, nationality, origin, (cultural level, according to the needs of the case can be listed without listing), occupation or position, unit, address.
）
Defendant: (state the basic information, name, gender, age, nationality, place of origin, (literacy, according to the needs of the case can be listed or not), occupation or position, unit, address.
)
The lawsuit request _________________________________________________________________________________
_____________________________________________________________________________________________
Facts and reasons _______________________________________________________________________________
_____________________________________________________________________________________________
Evidence and Sources of Evidence, Names and Addresses of Witnesses
Herewith
_______ People's Court
Attached: a copy of this brief ____ copy
Prosecution: (Signature or Seal)
Month of ?
The above is the basic format, if you want to write a better pleading, it is recommended to ask a lawyer or legal staff to write for you.
Question 10: how to write a statement of claim when more than one plaintiff "Civil Procedure Law"
Article 53 of the number of parties on one side of a large number of *** with the same lawsuit, the parties may elect a representative to conduct the litigation. The litigation acts of the representative shall have effect on the party he represents, but the representative must have the consent of the represented party to change or give up the litigation claim or to recognize the litigation claim of the other party and to make a settlement.
A large number of people, you can elect a representative of the lawsuit, the number of 2 - 3 people, the indictment column:
The plaintiff XXX gender, date of birth, nationality, occupation, identity card number.
Address
Plaintiff XXX gender, date of birth, nationality, occupation, identity card number.
Address
Plaintiff XXX gender, birth month, nationality, occupation, identity card number.
Residential address
Next to write the defendant (basic information)
Claims:
Facts and reasons: