The core content of the economic dispute complaint is the litigation claims advocated by the parties, that is, what legal basis the parties rely on and what claims they advocate.
Economic disputes refer to disputes over economic rights and obligations between legal persons, between legal persons and individual citizens, or between individual citizens. There are two major categories of economic disputes:
The first is economic contract disputes, such as sales contract disputes, loan contract disputes, contract contract disputes, construction project contract disputes, technology contract disputes, etc.;
The second is economic infringement disputes, such as intellectual property (such as patent rights, trademark rights) infringement disputes, ownership infringement disputes, business rights infringement disputes, etc. In a market economy, a contract is a legal and universal form for establishing transaction relationships between equal market entities, jointly implementing transaction behaviors, and pursuing and realizing economic goals. Therefore, contract disputes are the main part of economic disputes.
An economic dispute complaint, also known as an economic complaint, is a written complaint in which the plaintiff in an economic dispute case believes that his rights and interests have been infringed and states the facts of the dispute, explains the reasons for the lawsuit, and makes legal claims to the court.
A complaint for economic disputes generally consists of the following seven parts:
1. Title. It should be marked as "Complaint for Economic Dispute" or "Charge of Complaint".
2. Shape head. That is to say, the basic information of the parties, including the plaintiff and the defendant, must be stated, or the full name, nature, location of the unit, the name, position, bank account and account number of the legal representative; if there is a litigation agent, this should be stated. The agent’s name and unit, agency authority and other circumstances.
3. Cause of action or matter. That is, a summary of what is being sued is stated.
4. Litigation request. That is, it summarizes the specific matters that the people's court is requested to rule on according to law, or the ultimate goal to be achieved by the lawsuit. This part is the core part of the complaint, and it is related to whether the People's Court accepts the case.
5. Facts and reasons. This part mainly includes the facts, evidence, reasons and legal basis.
6. Ending. The closing content is required to be written in the letter format: "Sincerely" "××××People's Court"; the prosecutor's signature or seal; the year, month and day should be written.
7. Additional items. Write an attachment in the lower left corner of the last page of the complaint. Including: the number of copies of the original document, the number of physical evidence, the number of documentary evidence, etc.
Legal basis:
"Civil Procedure Law of the People's Republic of China"
Article 122 A prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;
(2) There is a clear defendant;
(3) There are specific litigation claims, facts and reasons;
(4) It falls within the scope of the People's Court to accept civil litigation and the jurisdiction of the People's Court subject to the lawsuit.
Article 123: A complaint shall be submitted to the People's Court, and copies shall be filed according to the number of defendants.
If it is really difficult to write a complaint, you can file a complaint orally, and the people's court will record it in the transcript and inform the other party.
Article 124 The complaint shall state the following matters:
(1) Plaintiff’s name, gender, age, ethnicity, occupation, workplace, residence, and contact method, the name and domicile of the legal person or other organization and the name, position, and contact information of the legal representative or principal responsible person;
(2) The name, gender, work unit, domicile and other information of the defendant, the legal person Or the name, address and other information of other organizations;
(3) Litigation claims and the facts and reasons on which they are based;
(4) Evidence and sources of evidence, names and addresses of witnesses.