An indictment is a written pleading filed by a private prosecutor in a criminal private prosecution case or a plaintiff in a civil or administrative case to sue the defendant in the People's Court.
Basic content
The complaint shall include the following content:
(1) Basic information of the parties concerned. Citizens must indicate their name, gender, age, ethnicity, Work unit and position, address and contact information. For legal persons, the full name of the legal person, domicile, name of the legal representative, name and position of the entrusted agent, name of the principal, position of the unit, and residence address. For lawyers, the name of the law firm. A law firm is sufficient;
(2) Specific and clear litigation claims;
(3) Facts and reasons for prosecution;
(4) Evidence and evidence Source;
(5) Signature, seal and date of signature of the party concerned.
Basic Overview
An indictment is also called a "complaint." Refers to a lawsuit filed by a citizen or legal person in the People's Court because his or her legitimate rights and interests have been infringed upon. According to the nature and purpose of the lawsuit, the indictment can be divided into civil indictment, administrative indictment and criminal indictment.
Plaintiff: ______
Defendant: ______
Litigation claim: ______________
Facts and reasons: _______________
Evidence and sources of evidence, names and addresses of witnesses:_______________
Hereby
_______ People’s Court
Charge:
Year-Month- Date
Attachment: Copy of this complaint_____
Note: This form of complaint can also be applied to citizens filing economic lawsuits
Note
Notes
The following points should be noted in the complaint: (1) If the party is a citizen (1) If the party is a citizen, the name, gender, age, ethnicity, place of origin, occupation, and work unit of the party should be stated , address (registration place or usual place of residence), contact number, and postal code. If the party is a legal person or other organization, the name, address, and name, position, unit phone number, and postal code of the legal representative or principal person in charge shall be stated. (2) Litigation claims and the facts and reasons on which they are based. (3) Evidence and evidence source, witness’s name, work unit and residential address. (4) It must be printed or written in blue-black ink or carbon ink, and copies must be submitted according to the number of defendants. If it is a legal person or other organization, the official seal must be stamped at the end of the text.
The parties concerned have the responsibility to provide evidence for their claims. Evidence materials must be submitted in original copies or objects. If the evidence materials are written on copy paper, ordinary blue ink or ballpoint pen, a copy should be attached when providing the original.
When parties submit documentary evidence to the court, they should fill in the evidence list in duplicate and list in detail the name and page number of the evidence submitted. The evidence will be checked by the person in charge of the court, and the person in charge will sign and seal the evidence list. Finally, one copy is given to the party concerned and the other is filed for future reference. In addition, copies should be provided equal to the number of defendants.
As far as a good divorce complaint is concerned, it should have the following contents: First, the names, gender, age, ethnicity, occupation, place of origin, work unit and address of the original and defendant should be stated. If there is an attorney ad litem, the name, occupation, address, workplace, scope of agency, and relationship with the plaintiff should also be stated. 2. Mainly state the marital status, reasons for divorce and litigation claims. (1) The marital status should indicate when the marriage was made and where it was registered; how they met, whether it was free love or introduction, or arranged or purchased marriage, whether it was a first marriage or a remarriage; whether there are children after marriage, their ages, etc.; and now Whether you are separated and how long you have been separated. (2) The reasons for divorce should be stated: What is the foundation of the marriage, whether it is good, bad, or average; how is the relationship after marriage; whether there are frequent quarrels, the main reasons for the quarrels, and the current attitude of the defendant after the quarrel; whether both parties have consulted the work unit or neighborhood committee Wait for grassroots organizations to mediate, and what is the effect of the mediation? Whether you have sued the court before, and what is the outcome of the court. If the divorce case is caused by a third party, evidence, names and addresses of witnesses must be produced when filing a lawsuit. In short, this part of the request requires you to provide your own sufficient reasons for divorce.
(3) In the request part, you should state your attitude towards divorce, how to raise your children after divorce, the burden of alimony, family affairs, how to deal with property, etc. 3. State the name of the people's court where the lawsuit was filed, the plaintiff's signature or seal, and the time of filing the lawsuit. After the complaint is written, it is required to be made in duplicate and sent to the court.