Applicant: XXX, male/female, born in XXX.
Legal Agent/Designated Agent: ××××, 65438+February 2009, 65438+February 20, 2009, 65438+February 20, 2009, 65438+February 20, 2009.
Agent ad litem: ×××, from September 2008 to September 30, 2009.
(The above shall indicate the names of the applicant and other litigants and other basic information. )
Request: (specify the parties, the cause of action and the specific contents of the claim).
Facts and reasons: (state the facts and reasons for the claim).
I'm here to convey
Xxxx people's court
Applicant (signature or seal)
Xxxx, xxxx.
[description]
1. This model is formulated according to Article 140 of the Civil Procedure Law of People's Republic of China (PRC), and is used by the parties when they apply to the people's court for litigation.
2. If the applicant is a legal person or other organization, state the name and domicile. The next line shall indicate the legal representative, principal responsible person and their names, positions and contact information.
I. Concept
In foreign-related civil litigation, the concept of litigation request has broad and narrow meanings. Broadly speaking, the litigation request is to ask the court to make a judgment (the parties hope that the court will confirm, pay and form these specific judgments accordingly). The narrow sense of claim only refers to the legal interests that the plaintiff claims from the defendant.
Two or three principles
First of all, from the new principle.
If the contents of the complaint and defense of the parties are inconsistent, the contents of the complaint and defense shall be summarized in accordance with the new principles. If the first hearing request is inconsistent with the second hearing request, the second hearing request shall prevail; If the indictment is inconsistent with the opening statement, the opening statement shall prevail.
Second, do not sum up opinions after the trial.
Third, the induction is novel and true.
Third, distinguish
Naturally, the object of litigation can be divided into broad sense and narrow sense. The object of litigation is not only the object of court judgment in civil litigation, but also the most basic and smallest unit of judgment object. The so-called most basic unit means that the object of litigation is a specific thing that the legal interests advocated by the parties can not be subdivided, and further subdivision can not constitute a complete claim. In a case, the parties can put forward a number of legal interests, which can be divided according to certain basis, and the basic unit when they cannot be divided is the litigation subject.