Plaintiff: _ _ _ _ _ _
Defendant: _ _ _ _ _ _
Cause of action: _ _ _ _ _ _
Claim: _ _ _ _ _ _ _ _ _ _ _
Facts and reasons: _ _ _ _ _ _ _ _ _ _ _
Evidence and source, name and address of witness: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
I am here to convey
_ _ _ _ _ People's Court
Prosecutor:
Date, year and month
Attachment: A copy of this complaint.
Note: This complaint form can also be applied to citizens' economic litigation.
Civil Mediation A civil mediation book refers to a legal document made by the people's court in the process of trying civil cases on the basis of voluntariness and legality, and on the basis of finding out the facts and distinguishing right from wrong, urging the parties to reach an agreement through mediation. It is an important study of legal writing and one of the important styles of applied writing.
(A) the meaning of civil mediation
When a people's court tries a civil case, on a voluntary and legal basis, it uses mediation to urge the parties to understand each other and reach an agreement, which is called a civil mediation book of the people's court.
Civil mediation is one of the important judicial practice texts commonly used by people's courts and has legal effect. It is not only a record of the negotiation results of the parties, but also a certificate recognized by the people's court and the basis for the parties to abide by. Therefore, a good conciliation statement is of great significance for solving contradictions among the people in time, promoting stability and unity, publicizing the socialist legal system, and preventing and reducing disputes. Civil conciliation statement is different from conciliation statement of first instance, second instance and retrial.
(two) the format of the civil mediation.
The civil conciliation statement includes the title, number, parties, cause of action, facts, reasons, agreement, signature, date, clerk, etc. The format is basically the same as the civil judgment. You can refer to it
(C) specific writing methods
The writing method of civil mediation is similar to that of civil judgment. The following is the writing method of the first-instance civil conciliation statement for your reference.
1, title and number. The title consists of the name of the court and the name of the document. The serial number consists of year, hospital name abbreviation, document abbreviation and document serial number.
2. The basic information such as the identity of the litigant participants (plaintiff and defendant) is written in the same way as the civil judgment of the ordinary procedure of first instance, which can be used for reference.
3. Causes of litigation. The civil conciliation statement of first instance shall directly state the cause of action. Such as "cause of action: divorce".
4. facts. The writing of facts in the conciliation statement should depend on the specific case: for example, the name, quantity and place of the subject matter should be stated first, and then the cause, process and current situation of the dispute, as well as the requests and reasons held by both parties should be stated.
In writing, it is generally used to write the disputed facts of both parties together with the facts identified by the court. It doesn't write the facts in detail like the judgment, but strives to be highly summarized and concise, and see the effort in simplicity.
5. the reason. The reason for mediation means that the people's court makes a fair and reasonable evaluation of the disputed issues of the parties on the basis of finding out the facts, so as to explain the truth, distinguish right from wrong and show their attitude.
If the case is simple and an agreement is reached smoothly, the reasons may not be written, or the reasons for mediation may be simple and written in a paragraph with facts. However, if the case is serious and complicated, and the parties ask the court to distinguish between right and wrong, as well as cases of economic disputes, a separate line should be set up, stating the reasons for mediation.
6. The content of the agreement. This refers to the consensus reached by the parties to resolve disputes under the principle of voluntariness and legality. There are two specific contents: one is to solve the substantive problems of the case, and the other is the burden of litigation costs.
7. Indicate the validity of the document. The next line to the left of the burden of litigation costs States: "This mediation book has the same legal effect as the judgment."
8. Signature of the members of the collegial panel or the sole judge; The time to reach an agreement, and affix the seal of the people's court; Signed by the clerk and stamped with the words "This copy is the same as the original check".
The difference between civil conciliation statement and civil judgment.
First of all, there are different ways to resolve disputes. The civil mediation document reflects the contents of mediation by the people's court according to law, and promotes the parties to reach an agreement voluntarily and legally; The civil judgment reflects the content of dispute settlement by the people's court in the form of judgment according to law. Second, the will is different. Under the legal premise, the civil mediation document mainly reflects the will of both parties, and it is the confirmation of the agreement reached by the two parties voluntarily by the people's court according to law; Civil judgment embodies the will of the people's court, that is, the will of the state. Thirdly, the time of legal effect is different. The civil conciliation statement shall have legal effect after being signed by both parties; However, the civil judgment of first instance only takes legal effect after the appeal period, and the parties do not appeal. It can be seen that there is a big difference between the two. In particular, it should be noted that court mediation is different from non-litigation mediation and has the nature of litigation and enforcement effect. Therefore, we should attach importance to the production of civil mediation books just as we attach importance to the production of civil judgments.
The civil ruling consists of three parts: head, body and tail.
(1) Header
1. Title
The title is divided into two lines, indicating the name of the court and the type of documents.
figure
The title is marked at the bottom right: "[Year] × Minute× Day. ×."
3. Overview of the identity of the parties
The writing method is the same as the first, second and retrial civil judgments, which can be used for reference.
(2) Text
It consists of four contents: cause of action, facts, reasons and ruling results.
According to the provisions of the style of court litigation documents, the first-instance ruling with different contents has different writing formats. The following are several commonly used writing formats of awards:
1. The civil ruling of not accepting the prosecution is written as:
"About * * * years * days * months * days * months * days * months * days * months * days * months * days * months * days * months * days * months * days * months * days * months * days * months * days * months.
After examination, our court considers that ... (state the reasons for inadmissibility because it does not meet the conditions for prosecution). According to the provisions of Article 1 12 of the Civil Procedure Law of People's Republic of China (PRC), the ruling is as follows:
The court will not accept the lawsuit against XXX. "
2. The civil ruling on jurisdiction objection is as follows:
"After accepting the case ... (specify the name and cause of action of the parties), the defendant raised an objection to the jurisdiction during the submission of the defense, arguing that ... (explain the contents and reasons of the objection).
Upon examination, our court holds that, in accordance with the provisions of Article 20 of the Civil Procedure Law of People's Republic of China (PRC), it is ruled that ... (stating the basis and reasons for the objection) is as follows:
The objection raised by the defendant ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× "
3. The civil ruling on litigation property preservation is written as follows:
"In the trial of the case ... (specify the names of the parties and the cause of action), this court sued ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
In our court's opinion, the application for prosecution of ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
4. Permission or disapproval to revoke a civil ruling is written as follows:
"In the trial of the case ... (name and cause of action of both parties) plaintiff ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
In our opinion, according to … (the legal provisions on which the ruling is based), the ruling … (the reasons for agreeing or disagreeing with the demolition) is as follows:
Allow the plaintiff to withdraw the demolition (or not allow the plaintiff to withdraw the lawsuit, and the case will continue to be tried. )"
5. The civil ruling on suspension or termination of litigation is as follows:
"In the trial of the case ... (name and cause of action of the parties), our court ruled that ... (factual basis for suspending or terminating the lawsuit) is as follows ... (legal provisions on which the ruling is based):
The case is suspended (or the case is terminated). "
(3) Tail
1. Explain relevant matters.
According to Article 99 of the Civil Procedure Law: "If a party refuses to accept the ruling of property preservation or prior execution, it may apply for reconsideration once. The execution of the ruling will not be stopped during the reconsideration period. " Therefore, for the above ruling, it should be stated at the end: "After this ruling is served, you can apply to our hospital for reconsideration once, and the execution of the ruling will not be stopped during the reconsideration."
According to Article 147 of the Civil Procedure Law: "If a party refuses to accept the judgment or ruling of first instance of a local people's court at all levels, he has the right to appeal to the people's court at the next higher level." Therefore, for the ruling of inadmissibility, jurisdiction objection and dismissal of prosecution, it should be noted at the end: "If you are not satisfied with this ruling, you can appeal to our court within 10 days from the date when the ruling is served, and appeal to the people's court of ××."
According to the provisions of the Civil Procedure Law, the ruling of not executing the arbitral award and the ruling of not executing the notarized creditor's rights document shall be written at the end of the above ruling: "This ruling is final."
There is no explanation in the ruling on whether to allow or not to withdraw the lawsuit, suspend or end the lawsuit, and correct the clerical errors of the judgment documents. Therefore, the burden of litigation costs can only be stated in the case of "withdrawal" or "termination".
2. Signature, date and seal
The signatures, dates and seals of court personnel and clerks are the same as those of civil judgments and can be used for reference.
[Edit this paragraph] 4. model essay
People's Court of XX District, XX City, XX Province
Civil adjudication
[2000] Hong Kong Jing Chu ZiNo.. ××
Plaintiff Liang, female, 52 years old, Han nationality, former contractor (general manager) of Xinyalou Hotel in XX, living in the dormitory of XX Architectural Design Institute.
Authorized Agent: wang hong, lawyer of XXX Xinpu Law Firm.
Authorized Agent: Wang Qifu, lawyer of XXX Xinpu Law Firm.
Defendant: the board of directors of Xinyalou Restaurant dated ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
Legal Representative: Luo Zuyao, board chairman.
The plaintiff Liang and the defendant Xinyalou Restaurant Board of Directors had a contract dispute on ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
Allow plaintiff Liang Fang to drop the lawsuit.
The case acceptance fee is 2200 yuan, other legal fees are 2200 yuan, and the plaintiff bears 4400 yuan.
Judge: ×××××
XX, 2000
Clerk: ××××
Protest is the people's procuratorate exercising judicial supervision. A legal document produced when a judgment or ruling made by a people's court is considered to be really wrong and needs to be corrected by a people's court for retrial and a protest is filed.
[Edit this paragraph] The legal provisions of protest
Article 18 1 of China's criminal procedure law stipulates: "When local people's procuratorates at all levels think that the judgment of the people's court at the same level is indeed wrong, they should lodge a protest with the people's court at the next higher level." The third paragraph of Article 205 of the Criminal Procedure Law also stipulates: "the Supreme People's Procuratorate has the right to lodge a protest with the people's court at the same level in accordance with the procedure of trial supervision if it finds that the legally effective judgment or ruling of the people's court at all levels and the people's procuratorate at a higher level is wrong."
[Edit this paragraph] Types of protests
When a people's procuratorate protests, it must protest. According to different types of litigation, it can be divided into criminal litigation protest, civil litigation protest and administrative litigation protest. Among them, the protest in criminal proceedings is divided into the protest in the second instance procedure and the protest in the trial supervision procedure, while the civil and administrative proceedings only have the protest in the trial supervision procedure. The protest in the procedure of second instance means that the local people's procuratorates at all levels think that the judgment or ruling of the people's court at the same level in the first instance is indeed wrong, and lodge a protest with the people's court at the next higher level within the statutory time limit; The protest of trial supervision procedure is a protest law made by the Supreme People's Procuratorate when it protests the legally effective judgments and rulings of people's courts at all levels and the legally effective judgments and rulings of people's procuratorates at higher levels.
Criminal judgment is a written decision of the people's court to conclude the trial of a criminal case according to the procedures stipulated in the Criminal Procedure Law, and to convict and sentence the defendant according to the facts and evidence ascertained, which is a common one in applied writing. According to the current laws of our country, criminal judgments can be divided into criminal judgments of first instance and criminal judgments of second instance.
If the defendant refuses to accept the criminal judgment of first instance, he may appeal within ten days from the second day after receiving the judgment; If the people's procuratorate finds that the judgment of first instance is indeed wrong, it shall also lodge a protest with the people's court at the next higher level according to law.
The criminal judgment of the second instance is final, but if the judgment of the second instance is really wrong, the defendant can appeal according to law, and the people's procuratorate can also lodge a protest according to law.