The model civil complaint provided below will clearly show the format of the complaint for readers' reference. Here is a brief introduction to the basic format of civil complaint. The civil complaint mainly consists of three parts.
1. Basic identity information of plaintiff and defendant.
Need to know the names, gender, age, nationality and address of both parties.
2. Litigation request.
The claim is the core content of the civil complaint, because the core of the court hearing is the plaintiff's claim, and the case cannot be filed because the claim is improperly written.
3. Facts and reasons.
Write clearly the basic facts and legal basis for the court to support the litigation request.
Second, the main points of writing a civil complaint
When writing a civil complaint, we should pay attention to two key points
1. The statement should be accurate and clear.
As mentioned above, the core of the court hearing the case is the plaintiff's claim. 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. Taking the loan as an example, the plaintiff's litigation request is usually: asking the defendant to repay the loan principal of 654.38+ 10,000 yuan and interest (the interest is 654.38+10,000 yuan as the principal, and the annual interest rate is 654.38+05.4%, and the interest is temporarily 654.38+from the date of 654.38+0 in 2020 to the actual repayment date. )
Simple and common cases, when you don't know how to write a lawsuit request, you can refer to other people's model essays on the Internet. For more complicated cases or cases that cannot be sorted out by yourself, it is suggested to consult a lawyer or ask a lawyer of a law firm to write a complaint on his behalf.
2. Facts and reasons should be the focus.
In a case, some facts are favorable to the plaintiff and some facts are unfavorable to the plaintiff. When the plaintiff describes the facts of the case in the complaint, if he can't accurately grasp how to write it, then he suggests writing only the facts that are beneficial to him and ignoring the facts that are unfavorable to him, waiting for the defendant to supplement it to the court.
The reason is that the law stipulates that the defendant does not need to prove the facts against him in the complaint.
Third, the model of civil indictment.
The following are two samples of civil complaints, one is a private loan dispute complaint, and the other is a divorce dispute complaint.
If the plaintiff cannot accurately grasp how to write the complaint, in order to avoid losing the case because of the complaint after prosecution, it is suggested to consult Zhenghe lawyer or ask Zhenghe law firm lawyer to write the complaint on his behalf. The following model essay is for your reference only. In order to protect the privacy of the parties, the identity information in the following complaints is a pseudonym.
Civil appeal
Plaintiff: Zhang Lele, female,1born in May 1982, Han nationality, living in Xingfu Village, Shexian County, Handan City, Hebei Province. Id number: 430426198205191549.
Defendant Zhao, female, 1986, born on September 25th, Han nationality, lives at No.96 Shundao Road, Haidian District, Beijing. Id number:1101081986092505612.
Cause of action: private lending dispute
Litigation request:
1. Request the defendant Zhao Mingmin to repay the loan principal of RMB 36,500 and interest to the plaintiff (the interest is RMB 36,500, with the annual interest rate of 15.4%, and the interest is tentatively set at 468 from the date of11in 2020 to the actual repayment date. )
2. The legal costs of this case shall be borne by the defendant Zhao Mingmin.
Facts and reasons:
The plaintiff and the defendant are friends. On July, 2020 1 1, the defendant contacted the plaintiff, claiming that he was in financial difficulties and wanted to borrow 3600 yuan from the plaintiff. The plaintiff transferred RMB 3,600 to the defendant through WeChat. On July 24, 2020, the defendant borrowed another 2,000 yuan from the plaintiff, and the plaintiff transferred 2,000 yuan to the defendant through WeChat. On the same day, the defendant asked the plaintiff to pay 206 yuan for the house, and promised to return it to the plaintiff together with the previous loan. On September 22nd, 2020, the defendant borrowed RMB 3,500 from the plaintiff, and the plaintiff transferred RMB 3,500 to the account named Zhang Bing by Alipay. On June 5438+1October 65438+April, 2020, the defendant borrowed 5,000 yuan from the plaintiff on the grounds of helping a friend and child to have surgery, and the plaintiff transferred 5,000 yuan to the collection account designated by the defendant through Alipay twice. On June 65438+1October 65438+June 2020, the defendant borrowed 5,000 yuan from the plaintiff on the grounds of helping his friend and children to have surgery, and the plaintiff transferred 5,000 yuan to the collection account designated by the defendant through Alipay. On October 29th, 2020/kloc-0, 65438, the defendant borrowed RMB 15000 from the plaintiff, claiming that the money could be returned to the plaintiff the next day. The plaintiff believed it and transferred 15000 yuan to the defendant through WeChat. On the same day, the defendant issued an iou to the plaintiff, which stated the loan principal of 36,500 yuan, and the defendant promised to repay 3 1500 yuan on October 30th, 2020, and the rest of the loan was repaid on June 30th, 2020. If the loan is not repaid on time, the penalty shall be paid according to the daily standard of 800 yuan.
Since then, the defendant failed to repay the plaintiff as agreed, and the plaintiff repeatedly asked the defendant to repay, but the defendant evaded it for various reasons. In order to protect the plaintiff's legitimate rights and interests, he sued according to law and requested a judgment.
I am here to convey
Shenzhen Nanshan District People's Court
Shaping people:
65438+February 2, 20201
Civil appeal
Plaintiff: Niu Deping, male,1born on August 29th, 988, Han nationality, living in Group 5, Dadaoqiao Village, Xiping Town, Santai County, Sichuan Province. Citizen ID number: 410722198808296679.
Defendant: Chen Zhenzhen, female, born on February 24th, Han nationality, lives in a village in Shuangliu Street, Xinzhou District, Wuhan 1 1 group. Citizen ID number: 420122199112248364.
Litigation request:
First, the plaintiff and the defendant divorced;
2. It was decided that the daughters Niu Jia and Niu Hui were raised by the plaintiff, and the defendant did not need to pay alimony.
Facts and reasons:
The plaintiff and the defendant got married on October 4th, 20 16/kloc-0. On July 30th, 20 16, the eldest daughter Niu Jia was born; 20 17 12 12 The second daughter Niu Hui was born. After marriage, the life of both parties has been relatively stable. The plaintiff worked and the defendant took care of her two daughters at home.
At the beginning of 20 18, the defendant suddenly left his two daughters and ran away from home. The plaintiff doesn't know what happened and can't contact the defendant. A week later, the defendant suddenly went home without telling the plaintiff why he left home.
Later, the defendant suddenly left home with her eldest daughter Niu Jia, and left a letter on June 22nd, 20 18, telling the plaintiff not to worry and not to go to see her, and said that she would contact the plaintiff after the situation was stable.
After leaving, the plaintiff immediately called the police and contacted the defendant's family, who did not know the whereabouts of the defendant. Since then, the plaintiff has been contacting the defendant by telephone. In the process of contact, the plaintiff gradually realized that the defendant's resignation may be related to XXX. In order to see the defendant and persuade him to go home, the plaintiff went to Luoding, Guangdong, Yunfu and Cenxi, Guangxi, but never met the defendant.
On August 4, 2009, with the help of anti-XXX, the plaintiff finally met the defendant Chen Zhenzhen and his eldest daughter Niu Jia. No matter how the plaintiff persuaded him, the defendant never wanted to go home with the plaintiff, nor did he agree with the plaintiff to take away her eldest daughter Niu Jia, who was seriously malnourished. After this meeting, the plaintiff could no longer contact the defendant.
The defendant has been out of prison for nearly two years. In order to save his family, the plaintiff searched everywhere and tried to persuade him. However, the defendant ignored his family, refused to listen to the plaintiff's advice and persisted in his wrong practice. Even the defendant let all his family members fall into it with him. This put the plaintiff under great pressure and pain. The plaintiff believes that the defendant is deeply involved and irreparable. Failing to fulfill the basic family obligations and repeatedly persuading them not to change, resulting in the inability of both parties to live together. Moreover, the two sides have been separated for nearly two years and their feelings have completely broken down. Therefore, he appealed to the court and asked the court to decide the divorce according to law. Based on the reality of the defendant and considering the factors that are beneficial to the growth of children, the plaintiff believes that both daughters should be raised by the plaintiff. The plaintiff did not ask the defendant to pay child support.
I am here to convey
Wuhan Xinzhou District People's Court
Shaping people:
202 1 1 1.