Format of civil complaint and model essay 1
First, the format of civil complaint.
1. Header
(1) title.
With what? Civil petition? Or by? Petition? As a title.
(two) the basic situation of the civil complainant and the other party.
State the names, gender, age, nationality, place of origin, occupation and address of the civil complainant and the other party.
A legal person or other organization shall specify the name and address of the unit and the name and position of the legal representative.
(3) the source of the case.
Indicate the source of the case where the complainant refuses to accept the judgment or ruling.
For example:? The plaintiff refuses to accept the civil judgment (ruling)No. (XX)XX made by the XX People's Court on XX, XX due to the dispute (cause of action), and now appeals.
2. Appeal request
The appeal request should be clear and specific.
Mainly to explain the request to the court for retrial.
3. Reasons for complaints
This is the core part of the complaint, which requires that the reasons for the complaint be fully expounded around Article 200 of the Civil Procedure Law on the basis of explaining the truth. In fact, it is a rebuttal to the original effective judgment.
But the facts must be well documented and irrefutable, and the reasons must be legal and impeccable.
Usually, it is demonstrated from the facts identified in the original judgment or ruling, the laws cited and the legality of the proceedings, and the legal basis for requesting retrial is stated.
4. Tail
Indicate the submitting authority, such as? To XX people's court? ; Signature or seal of the complainant; Tangible year, month and day.
5. Additional items
Write it down? XX copies of this certificate, XX copies of physical evidence and XX copies of documentary evidence.
Model essay on petition for will dispute II
Civil petition
Complainant: (defendant in the first instance, appellant in the second instance) Ding X, male, born on X, 19XX, Han nationality, unemployed, living in Room X, Unit X, Building X, X District, X City.
Appellee: (plaintiff of first instance, appellee of second instance) X born, female, 19XX, Han nationality,No. XX Road, XX District, XX City.
Ding X and Yu X refused to accept the civil judgment of X District Court (20XX)X Minchuzi No.20XX; (20XX) X Wu Min Zhongzi No.1 Civil Judgment. XX and XX Higher People's Court (20XX)X Shen Min ZiNo. Civil Ruling. The XX judgment made by the First Intermediate People's Court on XX, XX, XX, XX, appealed to your hospital.
Appeal request:
Cancel the civil judgmentNo. 20xx of the People's Court of xx District of XX City, the civil judgmentNo. XX of the First Intermediate People's Court of XX City, and the civil rulingNo. XX of the Higher People's Court of XX City, and retry according to law.
Specific facts and reasons:
My father, Ding X, was the deputy editor-in-chief and secretary of the Disciplinary Committee of XX Daily before he retired in 20XX.
I met the defendant through a marriage agency on X, X, and registered for marriage.
In 20XX, my father started hospitalization for gastric cancer and died on 20XX, x, x, month.
During my father's hospitalization, the respondent refused to accompany him in the hospital in X, but took advantage of our day-and-night escort in the hospital to illegally transfer millions of yuan of movable property under my parents' name to himself and abscond, without even showing up for the memorial service.
Then, I sued for dividing the property left by my parents. As a result, the X District Court of X City (20XX)X MinchuziNo. Civil Judgment. 20XX made mistakes in the use of evidence, which led to the loss of the plaintiff's inheritance right.
In the case that the complaint is fruitless and the application for retrial is made, a complaint is filed according to law, and the Supreme Court is requested to accept it according to law, so as to safeguard the complainant's legitimate inheritance right.
The reasons for the complaint are as follows:
Reason 1 for retrial: the basic facts identified in the original judgment or ruling lack evidence to prove.
The original judgment was based on my father's so-called proxy will, proof of sight and judicial handwriting identification provided by the plaintiff.
However, these three judgments have no probative force, as follows:
1. A testator has only one testator, but no witnesses, which does not conform to the provisions of the inheritance law that a testator should have more than two witnesses present.
Because the identity of the decedent has not been verified, the fact that he is getting farther and farther is doubtful, and the suspicion of finding an acquaintance in a law firm and making a false will with the corpse body double is not true.
2. "Witness" is not only an invalid witness without the signature of the parties concerned, but also a will of 20XX x x x x does not exist at all.
There is no relevance and authenticity with the date of the will identified in this case.
There is suspicion of pulling witnesses to make up the number.
In response to the above two doubts, there are oral and written court speeches? I'd like to ask the lawyers, the witnesses, the two lawyers who have XX's will. The question is:? Does the party who witnessed the will fit my father's physical characteristics? However, the court did not grant this request.
Reason 2 for retrial: the original judgment or ruling was indeed wrong in applying the law.
Mistake 1 of applicable law: After hearing that the cost of inheritance and transfer of real estate is greater than that of gift and transfer, my father signed two real estate gift contracts with us before his death, as evidenced by the inquiry record of XX Notary Office in XX District.
Before he died, he left us a written will according to law.
According to Article 70 of the Supreme People's Court's Provisions on Evidence in Civil Litigation, if one party presents the following evidence and the other party raises objections, but there is no evidence to the contrary, the people's court shall confirm its probative force: the original documentary evidence or the copies, photos, duplicates and excerpts verified with the original documentary evidence, and the court of first instance shall confirm the above documentary evidence provided by us.
However, the court of first instance wrote in the judgment for various reasons, and even thought that not calling witnesses to testify in court meant that there were no witnesses? As for the will written by' XX on behalf of the defendant on 20XX, witness XX didn't testify in court? The reason has not been confirmed.
Error 2 of applicable law:? My client XXX and the civil ruling of X District Court of X City (20XX)X Minchuzi No.20XX can prove that my sister XX is the defendant, but the original judgment described my sister XX as "XX" for other purposes. Plaintiff? Yes
Reason 3 for retrial: if the party concerned is unable to collect the evidence needed for the trial of the case by himself due to objective reasons and applies to the people's court for investigation and collection in writing, the people's court refuses to investigate and collect it.
Due to the objective reason that the bank does not allow any natural person to inquire about other private deposits, we submitted a written application for evidence preservation to the court, but the court failed to investigate according to law, resulting in our inability to pay the counterclaim fee according to the counterclaim amount.
As a result, the original judgment only divided the inheritance of the decedent, and the whereabouts of millions of movable property accumulated by my parents through hard work are still unknown.
To sum up, the first, second and higher people's courts found that the facts were indeed wrong. Without finding out the fact that the decedent made a will and the amount of movable property, only the decedent's property was divided, which led to the complainant's unemployment and extremely difficult life. By a psychopath? Living the risk of petitioning around.
We appeal according to law, and hope that your hospital will support the complainant's appeal according to law on the basis of finding out all the facts of this case.
I am here to convey
the Supreme People's Court
Complainant: Ding XX
date month year