The title of the manual should be "civil complaint", and it can also be "civil complaint", "civil complaint" and "complaint", but the word "complaint" cannot be used.
2. Plaintiff information and defendant information
Prosecution should let the court know who is suing whom, that is, list the identity information of the original and defendant. Then we need to determine who is the plaintiff and who is the defendant. The plaintiff needs to have a direct interest in the case, and the defendant only needs to have a clear defendant. For example, to claim alimony, the child must be the plaintiff, and the party directly raising the child should participate in the lawsuit as its legal representative; How to determine that the original defendant and the defendant need specific case analysis, I won't go into details.
The identity information of the plaintiff (natural person) stipulated in the Civil Procedure Law includes name, gender, age, nationality, occupation, work unit, residence and contact information. In practice, we usually list the ID number, because the ID number is the only feature to identify citizens. The information of the defendant (natural person) includes name, gender, work unit, residence, etc. In practice, we should list as much information as possible. It is best to know the defendant's ID number in case the court refuses to file a case. If you really don't know that much information, at least make sure the defendant's real name, address and contact information. Only with these three items can the lawsuit proceed smoothly.
3. Claims
According to the provisions of the Civil Procedure Law, the litigation request must belong to the scope of civil litigation accepted by the people's court. The plaintiff can sue and ask the court to decide what others do or not to do, or to confirm certain legal facts. For example, the prosecution of administrative organs for payment of project funds belongs to the scope of civil litigation, and the prosecution of administrative organs for inaction does not belong to the scope of civil litigation. For another example, A hurt B, and B sued the court and ordered A to cure B, which is unrealistic. When, how and where to treat B, the court can't decide, even if it does, it is not compulsory, but B can sue and ask the court to order A to compensate B for the losses caused by the injury, such as medical expenses. In other words, the plaintiff's claim should be specific, clear and realistic, which belongs to the scope of civil litigation.
4. Facts and reasons
This part is a brief statement of why the court should support your claim. For example, if you sue the defendant for repayment, you need to briefly explain when, where, by what means, how much money you lent to the defendant, whether it was repaid, and how much, and briefly explain what evidence you have. I suggest not to make a long speech, and I don't need to describe the ins and outs of things in detail, otherwise it is easy to slip up. All the contents of a general civil complaint can be printed on A4 paper, with font No.3, occupying one page. If the dispute involves a large number of defendants and the case is complicated, try not to exceed two pages.
5. Accept the court
According to the Civil Procedure Law, bringing a civil lawsuit must be under the jurisdiction of the sued people's court. That is to say, according to the law, the dispute brought by the plaintiff should or can be handled by the court. This is divided into hierarchical jurisdiction and territorial jurisdiction. On hierarchical jurisdiction, it can be understood that simple, common and small disputes are under the jurisdiction of grass-roots courts, while complex, uncommon and large disputes are under the jurisdiction of intermediate or higher people's courts. Regarding territorial jurisdiction, that is, where the court should handle disputes in Zhengzhou, it is generally not to go to Kaifeng for prosecution. Some cases are special and subject to exclusive jurisdiction. For example, disputes arising from house leasing shall be under the jurisdiction of the people's court where the house is located. If you choose the wrong court, you will make a trip in vain and waste your time.
6. Signature and date of pledgee
Legal basis:
(1) The name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, the name and domicile of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person; (2) Information such as the name, gender, work unit and domicile of the defendant, and information such as the name and domicile of the legal person or other organization; (3) the request and the facts and reasons on which it is based; (4) Evidence and its sources, names and residences of witnesses.