A civil complaint refers to a written litigation request for a fair judgment filed by a citizen, a legal person or any other organization to the people's court according to law when he thinks that his civil rights and interests have been infringed or there is a dispute with others.
China's civil procedure law stipulates that prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court. The civil indictment is the basis for the people's court to accept civil litigation cases.
The contents of the civil complaint include:
1. Header
(1) title. Write "civil complaint" in the middle.
(2) Basic information of the parties. (The first line is indented), indicating the names, gender, date of birth, nationality, occupation, work unit, position and address of the plaintiff and defendant respectively. If there are more than two plaintiffs in the same case, it shall be clearly stated. If there are more than two co-defendants, they shall be explained in the order of responsibility. If the plaintiff or defendant is a person with no capacity for conduct, the name, gender, occupation, work unit and address of the legal representative and their relationship with the plaintiff or defendant shall be stated after the project. If the defendant is a legal person or other organization, it shall indicate its name and domicile, and the name and position of its legal representative (or principal responsible person). If there is a third person, the name, gender, date of birth, nationality, native place, occupation, work unit and address of the third person shall be stated. If the third party is a legal person or other organization, the name and domicile of the legal person or other organization and the name and position of the legal representative (or principal responsible person) shall be stated. If the plaintiff entrusts a lawyer to represent the lawsuit, it shall indicate the name of the agent and the name of the law firm where the agent is located after the matter or the matter of its legal representative.
(3) cause of action. (The first line is indented by two cells)
(4) claim. (The first line is indented) stating the issues related to civil rights disputes that the plaintiff requests the people's court to solve according to law, that is, the object of litigation. According to the different requirements of confirmation action, change action and payment action, write it in detail.
2. Text
(1) The fact part. (The first line is indented) The facts of the civil legal relationship between the plaintiff and the defendant, as well as the time, place, cause, course, plot and consequences of the dispute over civil rights and interests between the two parties shall be clearly stated. Generally speaking, we should not only truthfully state the case, but also focus on the consequences of the defendant's infringement in chronological order.
(2) The reason. According to the case and relevant laws, regulations and policies, clarify the plaintiff's views on the nature of the case, the defendant's responsibility and how to solve the dispute.
(3) evidence. (indent the first line) indicate the name, document, number or clue of the evidence provided to the people's court to prove the case, and indicate the source of the evidence. If there is a witness, the name and address of the witness shall be stated.
3. Tail
(1) Name of the people's court. "Hereby" is blank, and "_ _ _ _ _ _ People's Court" is another line on the upper left.
(2) Signature of the plaintiff. If it is a legal person, it should be stamped with the official seal. (Yes) If you only entrust a lawyer to file a complaint for the plaintiff, you can write the name of the lawyer and the name of the law firm where the lawyer is located at the end of the complaint. (right)
(3) the time of prosecution. (right)
4. Attachment (the first line is indented by two cells)
(1) The number of copies of this complaint is submitted according to the number of defendants (including the third party).
(2) Other relevant evidential materials.
Article 119th of the Civil Procedure Law stipulates that public prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
Article 120 A complaint shall be submitted to the people's court, and copies shall be submitted according to the number of defendants.
If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.
Article 121 A complaint shall contain the following items:
(1) The name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, 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) Information such as the name, gender, work unit and domicile of the defendant, and information such as the name and domicile of the legal person or other organization;
(3) the request and the facts and reasons on which it is based;
(4) Evidence and its sources, names and residences of witnesses.