When hearing a civil case, the people's court shall notify the parties and other litigation participants three days before the hearing. If the hearing is held in public, the names of the parties, the cause of the case, the time and place of the hearing shall be announced.
A complaint is a written statement against the defendant submitted to the People's Court by the private prosecutor in a criminal private prosecution case or the plaintiff in a civil or administrative case. Citizens, legal persons or other organizations shall submit a complaint to the People's Court.
A complaint is also called a "complaint." It refers to a document in which a citizen or legal person files a lawsuit in the People's Court due to infringement of their legitimate rights and interests. According to the nature and purpose of the lawsuit, indictments can be divided into three categories: civil indictments, administrative indictments and criminal private prosecution indictments.
The complaint should include the following contents:
(1) Basic information of the party concerned. Citizens should indicate their name, gender, age, ethnicity, work unit, position, address, and contact information; The legal person shall indicate the full name, domicile, name and position of the legal representative, and the name and position of the authorized agent, and the lawyer shall indicate the law firm where he or she works;
(2) Have specific and clear claims;
(3) Facts and reasons for prosecution;
(4) Evidence and sources of evidence;
(5) Signature, seal and date of signature of the parties .
The complaint shall state the following matters:
(1) If the parties concerned are citizens, the names, genders, ages, nationalities, places of origin, work units and positions of both parties shall be stated. , address (residence or usual place of residence), telephone number. If the party is a legal person or other organization, the name and address, the name, position, telephone number and postal code of the legal representative or principal person in charge shall be stated.
(2) Request and the facts and reasons on which it is based.
(3) Evidence and its source, witness’s name, work unit, and address.
(4) It must be printed or written with blue-black ink or carbon ink, and one copy must be made according to the number of defendants. If it is a legal person or other organization, the tail must be stamped with an official seal.
Legal basis:
Civil Procedure Law of the People's Republic of China
Article 121
Charge
Charge The following matters shall be stated:
(1) The plaintiff’s name, gender, age, ethnicity, occupation, work unit, residence and contact information, the name and residence of the legal person or other organization, the legal representative or principal The name, position and contact information of the person in charge;
(2) The name, gender, work unit, residence and other information of the defendant, and the name, residence and other information of the legal person or other organization.
; (3) Request and the facts and reasons on which it is based; (4) Evidence and its sources, names and addresses of witnesses.
Article 136
Notice and announcement of court opening
When hearing a civil case, the people's court shall notify the parties and other litigation participants three days before the court opens. If the hearing is held in public, the names of the parties, the cause of the case, the time and place of the hearing shall be announced.