Form of complaint
The complaint of labor dispute arbitration includes three parts: the first part, the text and the second part.
1. The header shall contain the following contents: ① Title: Complaint of Labor Dispute Arbitration. ② Both parties to the dispute: the complainant and the defendant. Individuals should indicate their name, gender, age, nationality or nationality, nature of employment, work unit, address and mailing address. The unit shall specify the name, the nature of the unit, the address, the name and position of the legal representative. If there is an entrusted agent, the name and work unit of the agent shall be stated.
2. The text should include: ① Request: refers to the purpose and requirements of the complaint. Requests should be specific and clear. (2) Facts and reasons: briefly explain the time and method of establishing labor relations between the two parties and the main contents of the labor contract; The formation process and focus of the dispute between the two sides; Main evidence (name, address, material evidence and documentary evidence sources of the witness shall be stated); The main legal basis for making a request.
3. The tail shall include: the name of the arbitration institution that submitted the complaint, the name (signature) of the complainant, and the application time (year, month and day). At the same time, specify the number of copies submitted (according to the number of appellants), the number of physical evidence and documents.
The petition requires an appeal, and the facts stated should be realistic and focused. The request should be concise and to the point, and the legal provisions quoted should be accurate.
Petition model essay labor dispute arbitration petition petition
Person: the specific information of the accused (including name, gender, position, age, work place, ID number, telephone number, native place, employment nature, etc. ).
Personnel: company name, legal representative, company nature, company address, postal code and other details. Request:-. -Facts and reasons (including evidence and sources, names and addresses of witnesses, etc.). ): - .
To the complainant of the Labor Dispute Arbitration Commission: _ _ _ (signature or seal)
Attachment: 1 _ _ _ _ _ _ _ copies;
2. Physical evidence _ _ _ _ _ _ _ _;
3. Documentary evidence _ _ _ _ _ _.
Question 2: What's the difference between a petition and an application for retrial? The key depends on where to submit. An application to the court for retrial can be called a complaint or an application for retrial. There is no essential difference.
Question 3: How to write an enterprise complaint? A complaint is a complaint that the parties to a case and their legal representatives, victims, family members or other citizens think that a legally effective civil or criminal judgment or ruling is indeed wrong in ascertaining the facts or applying the law, and they appeal to the people's court that originally tried the case or the people's procuratorate at the next higher level for review or retrial according to the trial supervision procedure.
(A) the basic writing of the petition
The petition can be divided into three parts: head, body and tail, plus an attachment.
1? The first part.
Including the title, the basic situation of the parties and the cause of action. The title indicates the nature and language name of the case, such as "civil complaint". Except for private prosecution cases, the parties are divided into the complainant and the respondent, and the public prosecution case is written only by the complainant, and its basic situation is the same as that of the appeal. The cause of action mainly states who lodged the complaint for what case, who refused to accept the criminal (civil or administrative) judgment or ruling of any court, when and in what name.
2? Words.
It includes two contents: the grounds for appeal and the appeal request. The main reason for the complaint is to put forward the facts, evidence and legal basis for correcting or denying the improper facts, evidence, sentencing, applicable laws and litigation procedures identified in the original judgment. The appeal request is a specific request to cancel, change the original referee or retrial.
3? Tail.
At the end of the article, write down the name of the delivery institution, with the signature or seal of the complainant at the lower right, and indicate the date of complaint.
4? Additional items.
Explain the number of copies of the first and second instance judgments and the number of copies of the indictment; The name, quantity and storage place of material evidence and documentary evidence; The name and address of the witness, etc.
(2) Problems needing attention
First, the reasons for complaints should be sufficient, specific and convincing. Especially for the presentation of new evidence, it can not be ignored.
Second, the appeal request should be clear and specific, consistent with the reasons for appeal.
Third, there is no time limit for the writing of petitions. As long as the judgment or ruling has become legally effective, you can file a complaint at any time.
Question 4: How to write a criminal complaint? It is necessary to fully demonstrate the legality and rationality of the appeal according to the facts of the case, legal provisions and judgments, otherwise the effect will be affected. Contact a lawyer to write it for you.
Question 5: How can I write a complaint letter if I owe money?
Plaintiff XXX (state your name, gender, date of birth, work unit or occupation, residence, telephone number and ID number, etc. ).
Defendant XXX (write as above, don't write if you don't know, but you must state your name, gender, age and address).
Litigation request:
1, and ordered the defendant to immediately pay the amount of money owed to the plaintiff of XX yuan only;
The defendant shall bear the expenses of this lawsuit.
Facts and reasons: (write down the specific facts of legal relationship, the time, place, reason and specific process of the dispute. Relevant evidence and sources, the nature, consequences and civil liability of the defendant's behavior, etc. ) such as:
The defendant purchased (the name, quantity and amount of the goods) from the plaintiff on XX, XX. Although the defendant promised to pay later, he never paid. After repeated reminders from the plaintiff, the defendant issued an IOU to the plaintiff on XX, XX. But the defendant still delayed payment for various reasons today.
To sum up, the defendant has not paid the money owed to the plaintiff so far, which has infringed on the legitimate rights and interests of the plaintiff. Therefore, according to the relevant laws and regulations, the defendant filed a lawsuit in the people's court, pleading for the judgment to support the plaintiff's claim.
This is:
XXX District People's Court of XXX City
Attachment: A debit note issued by the defendant to the plaintiff.
Prosecutor: XXX (signature or seal)
XXXX，XXXX，XX，XX
Question 6: How to write a civil complaint? Appeal refers to the behavior that litigants and their legal representatives, criminal victims and their families or other citizens refuse to accept the effective ruling and apply to the people's court or the people's procuratorate for retrial. In addition, applying for retrial is a law that the parties to a civil case apply for retrial within two years after the ruling becomes legally effective.
Format of civil complaint: the basic information of the complainant, the basic information of the respondent, the complaint request, and the facts and reasons shall be stated. The model essay is as follows:
Civil complaints:
Complainant: xxx Address: xxx Legal Representative: xxx Address: xxx Tel: xxx
Respondent: xxx Address: xxx Legal Representative: xxx Address: xxx Tel: xxx
The case of the dispute between the plaintiff and the defendant xxx has been tried by the people's court of xxx, and a civil judgment of xxxNo has been made. Xxx has done it. The complainant refuses to accept the final judgment of our court, and now appeals. His claims, facts and reasons are as follows:
Appeal request:
1、xxxx
2、xxxx
Facts and reasons:
1、xxxx
2、xxxx
3、xxxx
In a word, xxxx
I am here to convey
Xx people's court
Complainant: xxx
X year x month x day
Question 7: How to write a letter of complaint? To bring a civil lawsuit (as opposed to an administrative lawsuit or a criminal lawsuit) to the people's court, there must be a complaint. Let's briefly explain the writing methods and essentials of civil complaint.
Steps/methods
1
A complaint refers to a legal document in which a party (plaintiff) puts forward a certain litigation request to the people's court according to law in order to safeguard or realize his own rights and interests, and states relevant facts and reasons.
A civil complaint, also known as a civil complaint, refers to a legal document in which the parties (plaintiffs) in a civil case (as opposed to an administrative case or a criminal case) file a civil lawsuit request with the people's court in accordance with the law to safeguard or realize their own rights and interests, and state relevant facts and reasons.
2
The function and position of indictment in litigation.
The function of indictment in litigation is to "file a lawsuit" and "apply to the people's court to start the litigation procedure". The judicial behavior of the people's court is passive, and the plaintiff must initiate the proceedings by submitting a complaint.
The position of the complaint in the lawsuit is a "programmatic document", that is, the complaint should achieve such a goal: a person who is in contact with the case for the first time can basically understand the ins and outs of the case after reading the complaint.
three
The basic structure of the complaint.
Civil complaint is generally divided into five basic parts:
1, prefix Generally write "civil complaint" or "civil complaint". 2. List the litigants. Plaintiff and defendant are the basic litigation subjects. If there is a third person, the third person shall be listed.
If the object of litigation is a natural person, it shall be stated in the order of "name, sex, nationality, date of birth, occupation, address, ID number and contact information". Among them, name, gender, date of birth (I really don't know if I can write an approximate age), address and contact information are required.
The name, legal representative, address (domicile) and contact information of the sued unit, and it is best to attach a copy of the business license.
3. Litigation request. Litigation requests shall be separated by serial numbers, and each item shall be in accordance with "Request for legal order XXXXX; "Write in the format of ….
In addition, some courts now require that the complaint should also specify the cause of action. But the cause of action is not an essential part.
4. Facts and reasons. That is, first state the facts (such as infringement), and then explain the reasons for claiming compensation (the provisions of substantive law) and the reasons for bringing a lawsuit (the provisions of procedural law).
In practice, for the sake of simplicity, some simple cases can be written as "taking responsibility according to law" and "bringing a lawsuit to your hospital according to law" without giving detailed reasons.
5. At the end of the article. At the end of the article, the court, pledgee (plaintiff) and the time of prosecution should be clearly written. At least one of the complaints submitted to the people's court must be the original signature (seal, fingerprint) of the holder.
four
Basic format of complaint.
The complaint letter should be printed on A4 paper, and it is better not to be altered.
The title of the complaint should be in bold type 2.
The body of the complaint should be in Song Style No.4.
The "claims" and "facts and reasons" of the complaint should be bold in the third song style.
The signature part of the pledgee and the date of prosecution should be left blank and signed by the pledgee.
five
Misunderstandings in the writing of complaint.
1. The more detailed the complaint, the better. In fact, a good complaint is a simple complaint. As long as the complaint is concise and clear, it is enough to state the case clearly.
2. A complaint can write a lot and make a lot of claims. For professional lawyers, the reason why a case is a case is not that it contains several things, but that it belongs to the same legal relationship. As long as it is within the same legal relationship, several claims can be made. But it is not a legal relationship, and even in the "matter", it cannot be prosecuted as a case.
six
The writing points of the "facts and reasons" part of several common complaints.
1. file for divorce.
1, the basis of marriage (knowledge, love time, family situation, family support); 2, the time of marriage registration and registration authority; 3. If there are any children, please indicate their names, sex and date of birth; 4. Feelings after marriage; 5. Acquisition of important property.
Second, inheritance cases.
1, the situation of the decedent; 2. The situation of the heirs; 3. Legacy.
end
Matters needing attention
1, the indictment is the fundamental document to file a lawsuit and the necessary document in the lawsuit.
2. In practice, the trial task of many courts is very heavy, and judges often read the complaint directly and then make a preliminary judgment on the case according to the complaint.
Therefore, a good indictment can refresh the judge, establish a good first impression on the plaintiff and gain sympathy points.
3, the complaint is generally prepared according to the number of the other party "the number of the other party +2". Two of them ... >>
Question 8: How to write the indictment in criminal cases? I don't know what stage your criminal case has reached ~ you can appeal, and it won't have a bad influence ~ if you haven't been sentenced, I suggest you find a local lawyer. The sooner the lawyer gets involved, the better for you ~