Title:
1, indicate the name of the document, and indicate the civil complaint directly above the home page.
2. Basic information of the party concerned: If the party concerned is a citizen, the name, gender, age, nationality, place of origin, work unit and address shall be stated. The parties shall designate the plaintiff, the defendant and the third party in turn. If there are several plaintiffs, defendants and third parties, they shall be arranged in order of their position and role in the case. If a party entrusts an agent ad litem, the name of the party, the name of the law firm or occupation shall be stated after the client.
When making the first part of the indictment, we should pay attention to the following points:
1. In principle, the basic information of the defendant should be the same as the items listed in the basic information of the plaintiff. However, due to the specific circumstances of the case, the plaintiff may not always know the defendant clearly, so he is allowed to write what he knows.
2. Address and determination of address. The address of a citizen generally refers to the address where the household registration is located. If the domicile is different from the habitual residence, you can write the address of the habitual residence. The address of a legal person or other organization refers to its domicile, that is, the address where its main business place or main office is located.
Text:
The text includes the litigation request, the facts and reasons on which it is based, and relevant evidential materials.
1. Litigation request: Litigation request is a specific right that the parties to a civil dispute claim from the other party through the people's court. In the indictment, it shows the specific matters that the plaintiff requests the court to hear. Litigation claims should be clear, legal and specific, and should be put forward cautiously and carefully according to facts and laws, and should not be vague and general, and even more, unreasonable or illegal demands should be put forward regardless of facts and laws.
2. Facts and reasons: This is the core part of the civil complaint and an important basis for requesting the people's court to judge the rights disputes and disputes between the parties. First of all, in view of the litigation request, comprehensively, objectively and in detail clarify the disputed facts of both parties or the facts of the defendant's infringement. Mainly write clearly the legal relationship between the parties, the occurrence and development of disputes between the parties, the main focus of disputes between the parties and the specific content of civil rights disputes, the objective situation and substantive differences of opinion directly related to the case. Then according to the facts, analyze the nature of the dispute between the two sides and the responsibility that the defendant should bear; Explain the reasons according to the relevant laws and regulations, and distinguish between right and wrong responsibilities, so as to demonstrate the reasonableness, rationality and legality of their claims.
When clarifying the facts and reasons, we should pay attention to:
(1) The statement of facts and reasons should be consistent with the litigation requirements, not contradictory, and should not be separated from the litigation requirements to tell the facts aimlessly;
(2) The narrative of the facts should be specific, clear, definite and appropriate, and the key circumstances related to the dispute should be clearly explained, so that the court can quickly understand the focus of the dispute between the two sides and clarify the focus of investigation and trial;
(3) When explaining the reasons, we should take the facts as the basis and the law as the criterion. Explain the factual reasons, and prove the rationality and legality of their claims according to the legal provisions, and strongly support their claims from facts and laws, and do not make things up or argue irrationally;
(4) If the case is simple, the facts and reasons can be written together, and the facts can be described while explaining the reasons.
3. Evidence: indicate the name, number of pieces or clues of evidence provided to the people's court to prove the case, and indicate the source of the evidence. If there is a witness, the name and address of the witness shall be stated.
Tail:
1, name of people's court.
2. Signature of the plaintiff. If it is a legal person or other organization, it should be stamped with the official seal. If the complaint is to entrust a lawyer to publish the book, the name of the lawyer who publishes the book and the name of the law firm where he works shall be stated under the date of prosecution.
3. Attachment: Attach a copy of this indictment, with the number of copies submitted according to the number of defendants (including the third party). If the evidence is submitted with the indictment, the name and quantity of the evidence shall be stated.
4. Date of prosecution.
A civil complaint is a litigation document in which a civil plaintiff, in order to safeguard his own civil rights and interests, thinks that his legitimate rights and interests have been infringed or has a dispute with others, brings a lawsuit to the people's court according to facts and laws and requests a judgment according to law. Civil cases mainly include the following three categories: first, cases of marriage and family disputes; Second, cases of property rights disputes; The third is intellectual property disputes.
Model essay on civil indictment
Civil indictment?
Plaintiff: XX, male, XX years old, from XX province, ID number: Tel:
Defendant: Legal Representative of XX Factory:
Address: Industrial Zone Tel:
The plaintiff refuses to accept the arbitration award of Shenzhen Baoan District Labor Dispute Arbitration Commission (Shen Bao Lao Xi Zhong Xiang Ting [case] Zi (2065438+0 ×××)No. ××, and brings a lawsuit to your hospital. ?
The requested project?
1. Dissolve the labor relationship between both parties; ?
2. One-time disability allowance: 7 months ×XX yuan/month =XX yuan.
3. One-time Medicaid: 1 month ×XX yuan/month =XX yuan.
4. One-time employment subsidy: 4 months ×XX yuan/month =XX yuan.
5. Nursing expenses: X days ×XX yuan/day =XX yuan.
6. Food allowance: X days ×X yuan/day =XX yuan?
7. Transportation fee: XX yuan
8. Appraisal fee: XX yuan
9. Double salary without a labor contract: X months ×XX yuan/month =XX yuan.
10, salary during paid shutdown: x months ×XX yuan/day =XX yuan.
* * * Yuan: XXX.
Facts and reasons
In 2065438+X, in 2008, the plaintiff joined the defendant's factory to engage in punching work, with an average salary of 4,900 months. The plaintiff and the defendant did not sign a written contract, and the defendant did not pay social insurance for the plaintiff. On October 20 18 10, the plaintiff injured his left index finger while operating a punching machine in the defendant's factory. After the accident, the plaintiff was sent to XX People's Hospital for treatment. After diagnosis, the left index finger and middle finger were damaged. After 60 days of treatment, the plaintiff was discharged from the hospital, and XX People's Hospital issued a medical certificate, suggesting that the plaintiff continue treatment for one month and rest for two months.
The work-related injury determination decision number XX was made by Shenzhen Human Resources and Social Security Bureau on October 20 18 10. 2065438+X, 08 was appraised as Grade 10 by Shenzhen Labor Ability Appraisal Committee.
During this period, the defendant paid the plaintiff medical expenses of XX yuan, as well as one-time disability allowance, one-time medical allowance, employment allowance, wages during the period of shutdown with pay, nursing expenses, food subsidies, transportation expenses, double wages for unsigned labor contracts and other expenses. Xx yuan, the defendant has changed not to pay. After the original defendant and the defendant failed to negotiate on the issue of work-related injuries, the defendant applied to the Labor Dispute Arbitration Committee of Baoan District, Shenzhen for arbitration in accordance with the law on October 20 18. On October, 20 18, Shenzhen Baoan District Labor Dispute Arbitration Commission made an arbitration decision (Bao 'an Xiangting [Case] Zi (20 1X)No. ××), dismissing the plaintiff's appeal on the grounds that the defendant had applied to the Administration for Industry and Commerce for cancellation on October, 20 18.
The above facts are proved by outpatient cases, XX work-related injury certificate, XX labor ability appraisal conclusion, arbitration decision and other evidence.
To sum up, the plaintiff was disabled at the defendant's place for work reasons, and the facts were clear and the evidence was sufficient. The defendant should fully compensate the plaintiff for the economic losses, but so far the defendant has not assumed the responsibility. Therefore, in order to safeguard their own rights and interests, according to the provisions of Article 108 of the Civil Procedure Law, the plaintiff hereby appeals to your hospital, and please grant the application.
I am here to convey
Baoan District People's Court
Shaping people:
20 18 x month x day