A criminal indictment consists of a head, a request, facts and reasons, a tail and an attachment. The title of the first part of the criminal indictment indicates "indictment" or "criminal indictment". In judicial practice, there is a new line on the "indictment", stating who is suing whom and what case: the basic situation of the parties. First list the name, gender, age, nationality, native place, occupation (or position), unit or address of the prosecutor. If the prosecutor has an agent. After listing the prosecutor, a new line lists his agent title, whether it is legal agent, designated agent or entrusted agent. After the title, list the name, gender, age, nationality, native place, occupation (or position), unit or address of the agent and the relationship with the principal.
When writing a civil complaint, we should pay attention to two key points There are only three possibilities for the verdict of any civil case: (1) the court supports all the plaintiff's claims; (2) The court supports part of the plaintiff's claims; (3) The court rejected all the plaintiff's claims. It can be seen that the end result of the trial of the case lies in whether to support the plaintiff's claim. When writing a complaint, we should distinguish the legal relationship between the plaintiff and the defendant. Only by clarifying the legal relationship can we accurately express our opinions.
The difference between civil and criminal:
1, crime is a violation of criminal law, and criminal responsibility is the inevitable consequence of crime. Civil legal relationship is the personal and property relationship between equal subjects, and civil liability does not constitute punishment consequences. Civil liability includes compensation for losses and apology.
Criminal crimes include crimes in many fields, such as endangering national security, endangering public security, infringing personal rights, infringing property rights, etc. Economic crime is a part of criminal crime. Economic crime refers to an act that should be punished in accordance with the criminal law in order to seek illegal interests, violate national laws and regulations, seriously infringe the national management system and undermine social and economic order in the field of commodity economy management.
2. What is civil?
Civil cases generally follow the principle of non-litigation, that is, the parties do not take the initiative to request the state judicial organs, and the state judicial organs generally do not intervene in disputes between the parties. In criminal cases, the national criminal judicial organs usually take the initiative to intervene. After the victim or the masses report the case, the public security and procuratorial organs will intervene in the investigation. Then the procuratorate prosecuted the defendant on behalf of the state, and the court represented legal sanctions.
3. What is a crime?
There are different views on the definition of criminal responsibility in China's theoretical circles. Negative evaluation theory has great influence, that is, criminal responsibility refers to the negative evaluation and condemnation made by the national judicial organs on their criminal acts and themselves according to the criminal law.
Specifically, criminals have the obligation to be tried and punished by judicial organs. China's criminal law stipulates that intentional crime should bear criminal responsibility; Negligent crime, only those who are prescribed by law bear criminal responsibility.
The legal consequences that the actor must bear when committing an act prohibited by the criminal law. Criminal responsibility means that you will be punished. This is the fundamental difference between criminal responsibility and civil responsibility, administrative responsibility and moral responsibility.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 101 If the victim suffers material losses due to the criminal act of the defendant, he has the right to bring an incidental civil action in the course of criminal proceedings. If the victim dies or loses his capacity for civil conduct, his legal representative and close relatives have the right to file an incidental civil action.
Article 103 When trying incidental civil cases, the people's courts may conduct mediation, or make a judgment or ruling according to the material losses.
Article 176 Conditions and Procedures for Initiating Public Prosecution If the People's Procuratorate believes that the criminal facts of the criminal suspect have been ascertained and the evidence is true and sufficient, and criminal responsibility should be investigated according to law, it shall make a decision to initiate public prosecution in a people's court in accordance with the provisions on judicial jurisdiction and transfer the case files and evidence to the people's court.