Sample of proof of wage income
This is to certify that _ _ _ _ is an employee of our company, with the ID number of _ _ _ _, and has worked in our company for _ _ _ _ years, with the post of _ _ _ _, and the annual income is RMB _ _ _.
Hereby certify that
Name of unit (seal): _ _ _ _ _ _
Date: _ _ _ _ _ _
Litigation process
First, the first step of litigation-prosecution
Prosecution, in the words of ordinary people, is a complaint. Below we will tell you something about the prosecution.
The prosecution of the parties may not necessarily lead to the initiation of the proceedings. If the legal conditions for prosecution are not met, the court will rule that it will not be accepted. So what is a qualified prosecution?
(A) prosecution to find the right person
Finding the right person has two meanings. On the one hand, to complain, you must first become a qualified plaintiff; On the other hand, the other party must be a qualified defendant. What conditions do the plaintiff and defendant in the case need to meet?
First of all, the plaintiff must be a citizen, legal person or other organization that has a direct interest in the case. For example, your father's private house has been rented by others for a long time, and you need a house urgently if you want to get married, so you sue the court in your own name and ask the other party to vacate the house. The court will not accept it because you are not the owner of the property and do not meet the conditions of both parties. As a party, you should meet the following characteristics:
1. Litigation in the name of individuals. Those who participate in litigation in the name of others are agents ad litem, not parties.
2. If you have a direct interest in this case, that is, you participate in litigation for your own civil rights and interests, the civil rights and interests protected by the court belong to your own management and control.
Secondly, the complaint must have a clear defendant. "Defining the defendant" means: First, the basic information of the defendant should be clear, such as the name, gender, age, nationality, work unit and address of the citizen, and the name, domicile, legal representative or person in charge of the legal person or other organization should be clear and specific. Second, the object of action should actually exist, and the deceased citizen or the revoked legal entity cannot be used as the party.
(2) The prosecution found the right door.
If you want to sue, you want to ask the court for a "statement." First, you have to run the court. All cases that belong to the court's production management according to law must be accepted and tried by the court. It is not enough to think about it. All civil cases that are not under the jurisdiction of the people's courts cannot exercise judicial power, and they can't manage them if they want to. There are many kinds of civil disputes. Litigation is not the only way to solve civil disputes. In addition, there are people's mediation and arbitration. According to the provisions of China's Civil Procedure Law, the people's courts accept civil actions brought by citizens, legal persons, other organizations and their personal relations.
There are mainly the following categories:
1. Disputes over property relations and personal relations. Such as property ownership, creditor's rights, copyright, personality rights, identity rights and other cases.
2. Cases of disputes over marriage and family relations. Such as divorce and maintenance cases.
3. Disputes arising from business relations. Such as bills, shareholders' equity cases, etc.
4. Cases of economic relations disputes. Such as various contract cases.
5. Labor dispute cases arising from labor relations. Such as dismissal and dismissal cases.
6. Other circumstances stipulated by law, such as voter qualification cases and cases of declaring missing.
Your affairs should be handled by the court, but which court should you sue? This involves the jurisdiction of the court. Jurisdiction refers to determining the division of labor and authority between courts at all levels and courts at the same level to accept civil cases of first instance within the court system. You can find the right place in a lawsuit, and you can find the right door in a court with jurisdiction.
The jurisdiction of the court mainly includes the following aspects:
The first is hierarchical jurisdiction, which refers to the division of labor and jurisdiction of the higher and lower courts in accepting civil cases of first instance. According to the law, grass-roots courts have jurisdiction over civil cases of first instance. However, there are exceptions, such as divorce proceedings or economic contract disputes, which are tried by grass-roots courts and intermediate courts, which are also stipulated by law.
Cases of first instance directly accepted by the Intermediate People's Court are:
Major foreign-related cases, that is, foreign-related cases in which the subject matter of the dispute is large, or the case is complicated, or the parties live abroad with a large number of people. Cases with significant influence within the jurisdiction, civil cases with disputed subject matter of more than 5 million yuan, intellectual property cases and cases determined by the Supreme Court to be tried by intermediate courts.
The second is territorial jurisdiction. If hierarchical jurisdiction is to divide the jurisdiction of the lower and higher courts, then the region is to divide the scope of accepting cases of first instance by the courts at the same level. China implements the principle of "plaintiff is defendant" in general regional jurisdiction. That is, which court is under the jurisdiction of the defendant's domicile, which court will accept it. The Civil Procedure Law stipulates that a lawsuit brought against a citizen shall be under the jurisdiction of the people's court where the defendant is domiciled; If the defendant's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of habitual residence.
In addition, there is special territorial jurisdiction or exclusive jurisdiction. See Articles 24 to 33 of the Civil Procedure Law for details. This is based on the jurisdiction of the location of the litigation object and the location of the legal facts.
(3) The procuratorial organ should be able to write a complaint.
A lawsuit must first have a complaint. The contents of the indictment mainly include: the natural situation of the parties, the litigation request and the facts and reasons on which it is based, the evidence and its source, and the name and residence of the witness. Please refer to the litigation documents section for the specific format. Here, we tell you some places that need special attention:
1, the natural situation of the parties should be accurate and specific. Natural information includes: natural person's name, gender, age, nationality, nationality, employer and domicile; legal person's name and domicile, legal representative's name and position. Among them, the names of natural persons and legal persons are consistent with their identity cards and business licenses, and the domicile of the parties concerned should be accurate, detailed and accurate to the house number.
2. List the cause of action in the complaint. In layman's terms, the cause of action is what lawsuit is being played. For example: you are fighting a divorce lawsuit, and the cause of action is divorce; Because you are fighting a debt collection lawsuit, the cause of action is to write an iou.
3. In the litigation request part, it is necessary to specify what problems you want the court to solve, such as asking for divorce, fulfilling the contract, demanding compensation, etc. There are several requirements that should be listed one by one. For example, in the prosecution of reputation disputes, the claim is: 1. Asking the defendant to stop infringing the plaintiff's reputation right; 2. Ask the defendant to compensate the plaintiff for the loss of reputation rights of 65,438 yuan+0,000 yuan; 3. Ask the defendant to apologize to the plaintiff in the publicly issued newspapers and periodicals to eliminate the influence and restore the plaintiff's reputation.
4. In the fact part, it is necessary to write clearly the reason, process and status quo of the dispute between the two sides. The reason part should be based on facts, distinguish right from wrong, clarify responsibilities, and cite relevant laws and regulations to prove it.
5. Indicate the name of the court. In which court to sue, you should write "to the court of ××".
6. At the end of the complaint, write down the time. The natural person shall be signed by himself, and the legal person shall be signed by the legal representative and stamped with the official seal of the legal person unit.
Second, you have to pay the legal fees.
The lawsuit needs to pay the necessary litigation fees. If you are really unable to pay, your legitimate rights and interests are in urgent need of legal protection, and you can apply to the court for reduction or exemption of litigation costs. Next, we will introduce you to some questions about litigation costs.
Litigation costs
The case acceptance fee can be divided into property case acceptance fee and non-property case acceptance fee.
(1) Property case acceptance fee If it is a civil lawsuit caused by property disputes such as debts and contract disputes, legal fees shall be paid according to a certain proportion of the disputed property amount. The law has strict regulations and corresponding calculation formulas for the payment of legal fees. Here, I would like to introduce you to the collection method of attorney fees.
The case acceptance fee shall be paid according to the following standards:
(1) Property cases shall be paid in installments according to the amount or price claimed in the lawsuit;
1. If it does not exceed 1 ten thousand yuan, each piece shall be paid to 50 yuan;
2. The part exceeding 6,543,800 yuan to 6,543,800 yuan shall be paid according to;
3. The part exceeding 6,543,800 yuan to 200,000 yuan shall be paid by 2%;
4 more than 200 thousand yuan to 500 thousand yuan, pay by time;
5. The part exceeding 500,000 yuan to 6,543.8+0,000 yuan shall be paid according to 654.38+0%;
6 more than 6.5438 million yuan to 2 million yuan, pay by time;
7 more than 2 million yuan to 5 million yuan, pay by time;
8. The part exceeding 5 million yuan to 6,543,800,000 yuan shall be paid in installments;
9 more than 6.5438 million yuan to 20 million yuan, pay by time;
10. For the part exceeding 20 million yuan, press.
(2) Non-property cases shall be paid according to the following standards:
1. Divorce cases range from 50 yuan to 300 yuan. Involving the division of property, the total amount of property does not exceed 200 thousand yuan, no need to pay separately; More than 200 thousand yuan according to the part.
2. 500 yuan shall pay 100 yuan for each case that infringes on the right to name, name, portrait, reputation and honor. Involving damages and the amount of compensation does not exceed 50 thousand yuan, no additional compensation; The part exceeding 50,000 yuan to 6,543,800 yuan shall be paid according to 654.38+ 0%; More than 654.38+ten thousand yuan.
3. Pay 50 yuan to 100 yuan for each non-property case of the other party.
(3) In intellectual property civil cases, if there is no dispute about the amount or price, each piece shall be paid from 500 yuan to 1 1,000 yuan; The disputed amount or price shall be paid according to the standard of property cases.
(4) Payment for each labor dispute case 10 yuan.
(5) Administrative cases shall be paid according to the following standards:
1. Trademark, patent and maritime administrative cases each 100 yuan;
2. Every 50 yuan in other administrative cases.
(6) If the parties raise objections to the jurisdiction of the case, and the objections are not established, they shall pay 50 yuan to 100 yuan for each piece.
If you are in trouble when you file a lawsuit to get a salary certificate, you should consult a lawyer online and provide good advice.