Necessary conditions for bringing a lawsuit to the court
There must be a clear factual basis for the defendant and the claim;
However, a public prosecutor is an individual, a legal person or an unincorporated organization that has a direct interest in a case, or a person who protects the rights and interests of the state, the collective and the people according to law. Therefore, regardless of individual citizens, institutions, organizations, enterprises and institutions. They can file a lawsuit as plaintiffs in civil litigation.
Problems that should be paid attention to in prosecution
Obey the law. For example, the Marriage Law stipulates: "A woman may not file for divorce during pregnancy and within one year after delivery." If the man files for divorce during this period, it does not comply with the law and the prosecution is not established.
Generally, a lawsuit should be brought to the people's court where the defendant is located. If the defendant is a prisoner or a reeducation-through-labor person, it shall be submitted to the people's court of the plaintiff's domicile. If there are more than two defendants, they shall be submitted to the court where the first defendant is located according to the status of the defendants in this case.
When writing a complaint, we must seek truth from facts, truthfully reflect the facts and controversial contents to the court, and we must not exaggerate or fabricate them.
The main content of civil litigation consists of four parts.
prologue
The title is "civil complaint", and then write down the basic information of the plaintiff's agent ad litem and the defendant, including name, gender, age, nationality, native place, occupation, work unit and address. If the defendant is an enterprise, institution, organ or organization, it shall specify its name, location and the name and position of the principal responsible person.
Requested item
This part mainly states the specific problems of requesting the people's court to solve the civil rights disputes demanded by the plaintiff according to law. Such as asking for damages, debt repayment, contract performance, property rights return and divorce from the defendant, asking the defendant to pay alimony and alimony, and asking for inheritance. The requirements for writing this section are:
First, the purpose should be clear and specific. For example, to retain ownership, it is necessary to write clearly whether to confirm ownership, or to return the original property, original industry or compensate for losses.
Second, the request should be legal, reasonable, reasonable and practical. For example, if you ask your children to pay alimony, you should consider your own economic income and the other party's affordability and put forward a reasonable amount.
Facts and reasons
This part is the text of civil litigation and an important basis for requesting the people's court to make a judgment, which should be paid special attention to. Generally, write the facts first, and then decide the reasons.
The fact part mainly states the specific facts of the defendant's infringement or the specific contents of the dispute over the rights and interests of the parties, as well as the responsibilities that the defendant should bear. It is necessary to specify the time, place, reason, plot and factual course of the dispute (or dispute). In particular, the consequences and responsibilities of the defendant's infringement, as well as the focus and substantive differences between the two sides, should be clearly written. After the facts are clearly written, evidence (including witness, oral evidence, physical evidence and documentary evidence) that can prove the alleged facts, the name, occupation and address of the witness, and the physical evidence and documentary evidence for inspection shall be provided.
The reason part mainly states two points: first, according to the facts and evidence, state the nature, consequences and responsibilities of the defendant's infringement or illegal behavior, and clarify the reasons; The second is to specify the policy and legal basis for making the request. When this part is finished, the text is over.
The signature format can be: "Accordingly, please make a judgment according to law. This is to the xx People's Court. " Name, year, month and day of the specific person at the bottom right.
attachment
This section states the following items as required: 1 copy of this certificate; 2 documents; 3 documentary evidence.
Example of civil procedure 1
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Plaintiff: ×××××, gender, age, place of origin, work unit, occupation and address.
Defendant: ×××××, gender, age, place of origin, work unit, occupation and address.
1. Request: Request for divorce from the defendant.
2 facts and reasons (mainly including the following points).
Date of marriage, marriage basis (such as arranged or independent).
The reasons, time, right and wrong, responsibility and specific manifestations of marital relationship breakdown (evidence should be produced to analyze the reasons and specific surfaces of marital relationship breakdown).
State the current situation of husband-wife relationship in detail and provide evidence to prove that there is no possibility of reconciliation.
The status and upbringing of children; Property situation and how to distribute it; Income, savings and living expenses of both parties.
According to the above situation, you are required to divorce the defendant, so please make a judgment.
I am here to convey
Xxxx people's court
Tangible person: ××× (seal)
X year x month x day
Example 2 of Civil Procedure
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Plaintiff Zhang Xx, male, born on 19 on ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× Xxxx Road, XX District, XX City.
Authorized Agent: Chen Xx, male, born on,,.
Defendant: Zong Moumou, male, born on, and was born on.
Requested items:
Confirm that the relationship between plaintiff and defendant is legal and effective;
Because the defendant failed to fulfill the agreement, the sale could not be realized and the relationship between the buyer and the seller was terminated.
Facts and reasons: the plaintiff's four brothers and sisters * * * together with all four private bungalows and. Xxxx Road in XX District has now become a dangerous building. Unable to repair, the plaintiff and the defendant reached a house sale agreement one by one and sold the above houses to the defendant at a price of 50,000 yuan. * * * Agree that the owner entrusts the plaintiff to handle the house signing formalities. At that time, the plaintiff truthfully explained the housing situation to the defendant. The defendant was deeply satisfied after visiting the site and purchased the property for self-employment. That is, sign a house sales contract. The defendant paid 40,000 yuan in advance, and now the defendant suddenly changed his mind, unilaterally demanded that the plaintiff return the prepaid house payment, went to the plaintiff's house to disturb the normal life of the plaintiff's house, and unreasonably demanded that the plaintiff compensate the defendant for the taxi fare. The house purchase and sale agreement between the plaintiff and the defendant was reached voluntarily by both parties and was legal and valid. The defendant has paid the house payment in advance to start the agreement. According to the provisions of the Economic Contract Law, if the defendant wants to change the agreement, he should obtain the consent of the plaintiff. Now the defendant unilaterally wants to change the contract and stop performing the contract, which is illegal and infringes on the legitimate rights and interests of the plaintiff. In view of the fact that the defendant unilaterally changed the contract and failed to perform the contract without authorization, the contract was difficult to realize. In order to prevent the plaintiff's loss from becoming more serious due to the defendant's behavior, with the unanimous consent of * * * and the property owner, according to the relevant civil laws and regulations, we appeal to your hospital and will comply with the request according to law.
I am here to convey
XX District People's Court of XX City
Plaintiff: Zhang XXX.
XX, 2000