1, the original defendant is accurate. Accurate defendant subject means that the identity of the defendant is accurate. There are five subjects: government agencies, trade associations, enterprises and institutions, individual industrial and commercial households and natural persons. Among them, government agencies and trade associations generally do not make mistakes, mainly because enterprises and institutions, individual industrial and commercial households and natural persons sometimes confuse or even make mistakes. Let's distinguish the latter three.
(1) If the legitimate rights and interests of the plaintiff are infringed by government agencies, enterprises, institutions and trade associations, the defendant should be the enterprise or institution, not its responsible person or employee. Because the behavior of enterprises and institutions is carried out through the person in charge and the staff, it is necessary to judge whether the behavior of the person in charge or the staff is based on the identity of the unit. For example, if a teacher punishes a student in the teaching process, causing physical harm to the student, then this behavior is not based on his personal identity, but on his teacher identity. Therefore, if the parents of students claim relevant rights, the school should be the defendant, not the teacher.
(2) If the defendant is an individual industrial and commercial household, it shall be in accordance with the relevant provisions of the Civil Procedure Law. The defendant is the owner, and after the owner, he is indicated as the owner of individual industrial and commercial households: Cao Ting (owner of Zhuoyuan Education Consulting Service Department in Shapingba District), female, with the ID number of ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
2. The information of the original defendant is accurate. For the information of the natural defendant, the plaintiff needs to obtain it himself (the law does not require that the defendant's ID number must be provided), and the key to the information is to be able to identify the only defendant and contact the defendant. For the defendant who is not a natural person, you can inquire about the information of government agencies on the website of government agencies, and inquire about the information of enterprises, institutions and individual industrial and commercial households through the administrative department for industry and commerce (ordinary citizens can ask for it with their ID cards).
3. This proposition is clear and concrete. The specific requirements are that the litigation request for money payment needs to have a clear target, the confirmation request must have clear confirmation items, and the change request must have clear change items. There can be no selective or ambiguous claims.
4. Write the facts. Generally speaking, it is recommended to describe the facts in chronological order without modification. For the reason part, it is based on facts and combined with the law to explain its own reasons.
Facts and reasons for prosecution
The main thing is to state the facts clearly, so the law is not so strict. As long as it meets the most important formal characteristics of the complaint, the people's court can accept it as long as it thinks it belongs to its jurisdiction.
In fact, there is no strict format requirement for a civil complaint, unlike a judgment, because the person suing is not necessarily a legal professional, but some people who make a judgment must be from a legal background, so the format of the judgment is very strict, but it is not so strict for a civil complaint.
In fact, there is no particularly strict format, even for people who have no writing ability, they can sue orally, so as long as the facts are clear, the most important thing is the fact part, and the clockwork can be omitted from the complaint.
Second, the criminal private prosecution (format)
Private prosecutor: name, gender, date of birth, nationality, native place, occupation, work unit, position and address, etc.
Defendant: name, gender, etc. If the date of birth is unknown, please write down his age.
Cause of action: charges against the defendant.
Litigation request:
Specific claim.
Facts and reasons:
The time, place, object, motive, purpose, plot, means and consequences of the defendant's crime, and the reasons should be clear about the defendant's crime and legal basis.
Evidence and sources of evidence, names and addresses of witnesses:
The main evidence and its source, the name and address of the witness. If the facts have stated the evidence and witnesses, just point out the name of the evidence and the detailed address of the witness here.
I am here to convey
_ _ _ _ _ People's Court
Private prosecutor:
Book representative:
Date, year and month
Attachment: A copy of this complaint.