Legal analysis:
The indictment is a written statement that the People’s Procuratorate directly accepts after the public security agency’s investigation has been completed and the case has been transferred for review and prosecution. After review, it is deemed that the criminal facts have been ascertained and the evidence is reliable and sufficient. , if the defendant should be held criminally responsible according to law, it is a document that files a public prosecution in the People's Court on behalf of the state.
The preparation of an indictment is the basis for the People's Procuratorate to exercise the state's power of prosecution, punish crimes, and protect the people. Once served, it has legal effect, marking that the indictment case has entered the trial process. Its writing body and format There are special regulations. The title should be divided into two lines: the name of the procuratorate and the type of document. There is a number on the lower right side of the title, which is very different from the format of an indictment! The difference in words means the nature of the case is also very different. Therefore, when writing the title of the complaint, you must not be careless and misunderstand the nature of the case.
Citizens, legal persons or other organizations shall submit a written indictment when filing a lawsuit in the People's Court.
The indictment is a legal document used by the People's Procuratorate to prosecute the defendant in the People's Court on behalf of the country in accordance with legal procedures. Because the prosecution is filed as a public prosecutor, it is also called an indictment. An indictment is a printed document. Except for the first part, there are three main parts.
The contents of the indictment and the public indictment are basically the same and should include the following:
(1) Basic information of the parties concerned. Citizens should indicate their name, gender, age, ethnicity, and occupation. Unit and position, address and contact information. Legal persons should indicate the full name of the legal person, domicile, name and position of the legal representative, name of the authorized agent, unit position, and address. Lawyers should only indicate the law firm;
(2) Specific and clear request;
(3) Facts and reasons for prosecution;
(4) Evidence and evidence sources;
( 5) Signature, seal and date of signature of the parties concerned.
Legal basis: Article 108 of the Civil Procedure Law clearly stipulates the conditions for prosecution:
(1) The plaintiff is a citizen, legal person or person who has a direct interest in the case. Other organizations;
(2) Has a clear defendant;
(3) Has specific litigation claims, facts and reasons;
(4) Belongs to the people The scope and jurisdiction of the civil litigation cases accepted by the People's Court.
According to the above-mentioned legal provisions and the "Court Document Style (Trial)", the format of the civil complaint is not controversial, and the content mainly consists of three parts:
1. The first part mainly writes civil The basic information of both parties to the case must be clear, and the object of the request must be clear;
2. The second part, the main body includes the litigation claims, facts and reasons, evidence and sources of evidence;
3 , the third part is a civil litigation case, and the People's Court has jurisdiction.
Third, the tail is mainly to indicate the full name of the People’s Court, the name of the prosecutor, the time of prosecution and attachments. However, in actual writing, there are some noteworthy issues that are always ignored by writers, and even some common sense mistakes are made.