Plaintiff: XX, male, Han nationality, born on XX, XX, XXXX, address: XX Group, XX Village, XX Township, XX County, XXX Province, and ID number: XXXX. Tel: XXXX.
Defendant I (the driver who caused the accident): XX, male, Han nationality, born on XX, XX, XXXX, address: XX Group, XX Village, XX Township, XX County, XXX Province, and ID number: XXXX. Tel: XXXX.
(Defendant (owner): XX, male, Han nationality, born on XX, XX, XXXX, address: XX Group, XX Village, XX Township, XX County, XXX Province, ID number: XXXX. Tel: XXXX)
Defendant II (driver/owner company): XX Co., Ltd., address:No. XX, XX Township, XX County, XXX Province.
legal representative: XX, position: legal representative, telephone number: XXXX.
Defendant III (insurance company): XX Branch of XX Property Insurance Co., Ltd., address:No. XX, XX Township, XX County, XXX Province.
legal representative: XX, position: legal representative, telephone number: XXXX.
(If the original defendant has an entrusted agent, the identity of the entrusted agent and the law firm to which he belongs shall be stated)
Claim:
1. The defendant is ordered to pay the plaintiff's medical expenses, hospital food subsidies, nutrition expenses, accommodation expenses * * * RMB XXXX (other losses such as disability compensation, dependents' living expenses and disability appraisal fees are to be determined by the conclusion of disability appraisal).
2. It was ordered to compensate the plaintiff for property losses such as vehicle maintenance fee of XXX yuan and towing fee of XXX yuan.
2. The defendant was ordered to bear the litigation costs of this case.
Facts and reasons:
On XX, XXXX, the plaintiff drove a XXX car home from work, and collided with the XXX car driving in the opposite direction on XX Road, resulting in serious damage to the plaintiff's vehicle and the plaintiff's level 7 disability. Defendant XX was the owner/company of the accident vehicle, and Defendant III was the insurance company of the accident vehicle. The accident was identified by the traffic police, and Defendant I was mainly responsible for this accident. Therefore, Request the court to order the three defendants to compensate the plaintiff for various expenses, including medical expenses, hospital food subsidies, nutrition expenses, accommodation expenses, disability compensation, dependents' living expenses and disability appraisal fees, totaling RMB.
this letter is addressed to the people's court of
XXX
Extended information:
(1) Civil appeal
Appellant XX rural credit cooperative in XX county. Domicile: xx Village, xx Town, xx County.
legal representative ma xx, director.
the appellee's villagers' Committee of xx town, xx county.
the legal representative is Dai xx, secretary of the village party branch and director of the village Committee.
appellee Niu xx, male, born on September 28th, 195x, Han nationality, farmer, lives in xxX village, xx town, XX county.
appellee Wang xx, male, born on February 22nd, 196x, Han nationality, farmer, lives in xxX village, xx town, XX county.
appellee Dai xx, male, born on March 6th, 196x, Han nationality, farmer, living in xxX village, xx town, XX county.
appellee Liu xx, male, born on August 22nd, 194x, Han nationality, farmer, lives in xxX village, xx town, XX county.
appellee ma guang x, male, born on February 8, 195x, Han nationality, farmer, lives in xxx village, xx town, xx county.
appellee Wen x, male, born on February 5th, 195x, Han nationality, farmer, lives in xxX village, xx town, XX county.
appellee ma xx, male, born on February 31th, 194x, Han nationality, farmer, lives in xxX village, xx town, XX county.
Appeal request:
1. Cancel the civil judgment (2114)x Minchuzi No.115 according to law;
2. Revise the sentence according to law or send it back to xx County People's Court for retrial;
3. All litigation expenses in this case shall be borne by the two appellees.
Facts and reasons:
The appellant refuses to accept the civil judgment of xx County People's Court (2114)x Min Chu Zi No.165, and now appeals. The specific facts and reasons of the appeal are as follows:
1. The court of first instance decided that the facts were wrong
Niu Song Ding and other seven appellants argued that they were only witnesses, not guarantors, but seven of them signed the loan contract with the guarantors. In the absence of evidence support and credit cooperatives' disapproval, it is not consistent with the civil evidence rules to make the determination of repaying loans by loans only based on the statements of seven people.
The court of first instance quoted the clause that creditors and debtors colluded to defraud the guarantor's guarantee. The fact of this case is that the seven appellants in Niu Song Ding belong to the current and current village cadres. If the credit cooperatives want to collude with the village committee, they must do it through the village cadres, that is, Niu Song Ding and other seven appellants. Even if this case belongs to loan repayment, seven people personally participate in the contract signing, so it is impossible to know the purpose of the so-called loan, and there is no so-called credit cooperatives fraud!
Second, the judgment of the first instance is wrong and contradicts the judgment result.
The court of first instance concluded that the loan contract signed by both parties is an invalid civil act of "covering up the illegal purpose in a legal form" through the so-called loan repayment.
For the repayment of loans by loans, from the Higher People's Courts of the Supreme People's Court and Henan Province to the Intermediate People's Court of xxx City, from the judicial interpretation, the Supreme Court, the Provincial High Court and many other court cases, it is not considered illegal to repay loans by loans. I wonder where the xx County People's Court came to the conclusion that "the illegal purpose is concealed in a legal form"!
when the court of first instance found the contract invalid, the verdict was the same as that when the contract was valid, which is puzzling.
Third, the court of first instance made a mistake in applying the law.
Because the court of first instance found the facts wrong, the judgment reason was wrong and contradicted with the judgment result, it was natural to apply the law error!
to sum up, the judgment of the court of first instance found that the facts were wrong, the reasons for the judgment were wrong and contradicted with the judgment results, and the applicable law was wrong, so it should be revoked according to law!
this is to
the Intermediate People's Court of xxX
the appellant, xx Rural Credit Cooperative of XX County
the 25th day of X, 2114
(2) the criminal incidental civil complaint
the incidental civil plaintiff XXX, female, Han nationality, born on XX, XX, is the wife of the victim XXX.
incidental civil plaintiff XXX, female, Han nationality, born on XX, XX, with the same address, is the daughter of the victim XXX.
incidental civil plaintiff XXX, female, Han nationality, born on XX, XX, with the same address, is the daughter of the victim XXX.
incidental civil defendant XXX, male, Han nationality, adult, XXX, is now in custody.
suing for a lawsuit
1. The criminal defendant XXX was convicted of intentional homicide and given a heavier punishment according to law.
2. According to the law, the incidental civil defendant was ordered to compensate the incidental civil plaintiffs for the personal injury caused to the victim XXX, amounting to RMB 92,939.
facts and reasons
at 19: 11 pm on February 27th, 2119, in the home of the victim XXX, the victim XXX was hacked to death by the defendant XXX because of a dispute with the incidental civil defendant (see the indictment against XXX by the procuratorate for details). According to the above facts, the plaintiffs in the incidental civil cases think that:
1. The defendant XXX constitutes the crime of intentional homicide and should be severely punished according to law.
1. Defendant XXX constitutes the crime of intentional homicide.
Defendant XXX, as an adult with normal civil capacity, should have known that slashing the victim's head with a knife would lead to death, but he still committed this criminal act, apparently in the hope of causing the victim's death. To take a step back, even though the defendant XXX didn't directly intend to kill people, he still committed this criminal act, or at least let the consequences of the victim's death happen, when he should have known that slashing the victim's head with a knife might cause death.
Article 14 of the Criminal Law of the People's Republic of China stipulates: "Whoever knows that his actions will have harmful consequences to society, and hopes or lets such consequences happen, thus constituting a crime, is a deliberate crime." Therefore, the defendant XXX's criminal behavior, whether it is the result of hoping or letting the victim die, has constituted the crime of intentional homicide.
2. Defendant XXX should be severely punished.
according to article 232 of the criminal law of the people's Republic of China, "whoever intentionally kills someone shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 11 years". The first choice of sentencing principle for intentional homicide is the death penalty, which should be imposed; According to the fact that this crime caused death, the refusal to pay compensation for the facts and means is particularly cruel, and it has aroused great public anger. It is inconsistent to not sentence the death penalty to law, emotion and reason!
2. The defendant in the incidental civil case should pay 92,939 yuan to the plaintiff in the incidental civil case.
according to article 17, paragraph 3, article 27, article 28 and article 29 of the Supreme People's Court's interpretation on several issues concerning the application of law in the trial of personal injury compensation cases, compensation should be paid for the funeral expenses of the incidental civil plaintiff, compensation for death, transportation expenses, accommodation expenses, lost time and other reasonable expenses incurred by the relatives of the victims in handling funeral matters; According to the data published in the calculation standard of road traffic accident damage compensation items in XX province (2118-2119), the specific amount that the defendant should compensate the plaintiffs is as follows:
(1) Funeral expenses: according to the average monthly salary standard of employees in the place where the court is located in the previous year, the monthly salary is 1,642.58 * 6 = 9,855 yuan;
(2) Death compensation: according to the per capita net income standard of rural residents in the place where the court of appeal is located in the previous year, it is calculated as 3,914.2 yuan * 21 = 78,184 yuan in 21 years;
(3) other losses: including transportation, accommodation and lost time, totaling 5,111 yuan.
the above total: 92,939 yuan.
Because the defendant in the incidental civil case refused to compensate the victim's close relatives, he showed a rampant attitude after committing the crime and requested the people's court to make a ruling according to law, so as to safeguard the legitimate rights and interests of the parties and the dignity of the law.
This letter is addressed to the Intermediate People's Court of p>XX
(IV) Criminal Private Prosecution
Private Prosecution: name, gender, date of birth, nationality, education level, work unit, occupation and address.
(If the plaintiff is a unit, the name of the unit, the name and position of the legal representative and the address of the unit shall be stated)
Defendant: name, gender, date of birth, nationality, education level, work unit, occupation and address.
(If the defendant is a unit, the name of the unit, the name and position of the legal representative and the address of the unit shall be stated)
Cause of action:
Request: (State the purpose of bringing a lawsuit to the court)
1.
2.
Facts and reasons: (State the factual basis and legal basis of prosecution or claim, Including the evidence and
the name and contact address of the witness)
This letter is addressed to
__ _ _ _ People's Court
Private prosecutor: (signature or seal)
Entrusted agent:
______ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2. copies of evidence;
three, other materials.
Note:
(1) The complaint is written with pen or brush.
(2) in the column of "parties", the name, gender, date of birth, nationality, place of origin, occupation or work unit, position and address shall be indicated. If you really don't know the date of birth of the defendant, you can indicate his age.
(3) in the column of "cause of action and claim", the charges and specific claims should be clearly stated.
(4) If there is not enough space in the "Facts and Reasons" section, a middle page can be added.
(5) The number of copies of the complaint shall be submitted according to the number of defendants.
References: model complaint _ Baidu Encyclopedia