How to write a complaint

Plaintiff: XX, male, Han nationality, born on XX, XX, address: XX Group, XX Village, XX Township, XX County, XXX Province, and ID number: XXXX. Tel: XXXX.

Defendant 1 (driver): XX, male, Han nationality, born on XX, XX, address: XX Group, XX Village, XX Township, XX County, XXX Province, ID number:. Tel: XXXX.

(Defendant (Owner): XX, male, Han nationality, born on XX, XX, address: XX Group, XX Village, XX Township, XX County, XXX Province, ID number:. Tel: XXXX)

Defendant 2 (driver/owner company): XX Co., Ltd., address:No. XX, XX Township, XX County, XXX Province.

Legal Representative: XX, Position: Legal Representative, Tel: XXXX.

Defendant 3 (insurance company): XX Branch of XX Property Insurance Co., Ltd., address:No. XX, XX Township, XX County, XXX Province.

Legal Representative: XX, Position: Legal Representative, Tel: XXXX.

(If the original defendant has an entrusted agent, it shall specify the identity of the entrusted agent and the law firm to which it belongs. )

Litigation request:

1. The defendant was ordered to pay the plaintiff's medical expenses, hospital food subsidies, nutrition expenses and accommodation expenses of * * * RMB XXXX (other losses such as disability compensation, living expenses of dependents, disability appraisal fees, etc. shall be subject to the disability appraisal conclusion).

2. It was ordered to compensate the plaintiff for property losses such as vehicle maintenance fee of XXX yuan and towing fee of XXX yuan.

2. The defendant was ordered to bear the litigation costs of this case.

Facts and reasons:

On XX, XXXXX, the plaintiff drove the XXX car home from work and collided with the opposite XXX car on XX Road, causing serious damage to the plaintiff's car and the plaintiff's disability was level 7. Defendant XX is the owner/company of the accident vehicle, and Defendant III is the insurance company of the accident vehicle. The accident was confirmed by the traffic police, and the defendant was mainly responsible for the accident. Therefore, the court is requested to order the three defendants to compensate the plaintiff for various expenses. The medical expenses are RMB, the hospitalization food subsidy is RMB, the nutrition expenses are RMB, the accommodation expenses are RMB, the disability compensation is RMB, the living expenses of the dependents are RMB, and the disability appraisal fee is RMB, totaling RMB XXXX.

I am here to convey

XXX people's court

Shaping people:

XXXX，XXXX，XX，XX

Extended data:

(1) civil appeal

Appellant xx County xx Rural Credit Cooperative. Address: xx Village, xx Town, xx County.

Legal representative Ma xx, director.

The appellee xx county xx town xxx villagers' committee.

The legal representative is Dai xx, secretary of the village party branch and director of the village committee.

Appellee Niu xx, male, born on September 28th, 195x, Han nationality, farmer, lives in xxx village, XX town, XX county.

Appellee Wang xx, male, 196x65438, born on February 22nd, Han nationality, farmer, lives in xxx village, XX town, XX county.

Appellee Dai xx, male, 196x born on March 6th, Han nationality, farmer, lives in xxx village, XX town, XX county.

Appellee Liu xx, male, born on August 22nd, 194x, Han nationality, farmer, living in xxx village, XX town, XX county.

Appellee x, male,195x1February 8, Han nationality, farmer, living in xxx village, XX town, XX county.

Appellee Wen X, male, 195x 65438, born on February 5th, Han nationality, farmer, living in xxx village, XX town, XX county.

Appellee Ma xx, male, 194x 65438, born on February 30th, Han nationality, farmer, living in xxx village, XX town, XX county.

Appeal request:

1. Minchuzi (2004)x Civil Judgment. 105 was revoked according to law;

2. Revise the sentence according to law or send it back to xx County People's Court for retrial;

All litigation costs in this case shall be borne by the two appellants.

Facts and reasons:

The appellant refuses to accept the civil judgment of xx County People's Court (2004)x MinNo. 165, and now appeals. The specific facts and reasons of the appeal are as follows:

First, the court of first instance found the facts wrong.

Seven appellants, including Niu Song, argued that they were only witnesses, not guarantors, but the fact that seven of them had the signature of the guarantor's office on the loan contract was enough to identify seven as guarantors in this case. Without the support of evidence and the disapproval of the credit cooperatives, it is not in line with the civil evidence rules to make the determination of repaying loans with loans only based on the statements of seven people.

The court of first instance cited the clause that creditors and debtors colluded to defraud the guarantor. The fact of this case is that Ding's seven appellants belong to the current and current village cadres respectively. If credit cooperatives want to collude with the village Committee, they must go through seven appellants, including village cadres, namely Ding. Even if this case belongs to loan repayment and seven people personally participate in signing the contract, it is impossible to know the so-called borrowing purpose, and there is no so-called credit union fraud!

Second, the judgment of the first instance is wrong and contradicts the judgment result.

The court of first instance decided that the loan contract signed by both parties was an invalid civil act of "covering up illegal purposes in a legal form" through the so-called loan repayment!

From the judicial interpretation, the Supreme Court, the Provincial High Court and many other court cases, from the Higher People's Court of the Supreme People's Court and Henan Province to the Intermediate People's Court of xxx City, it is not considered illegal to repay the loan by loan. I don't know where the xx County People's Court came to the conclusion that "the illegal purpose is covered up in a legal form"!

When the court of first instance found the contract invalid, the verdict was as puzzling as when the contract was valid.

Three, the court of first instance judgment applicable law error

Because the court of first instance found that the facts were wrong, the reasons for the judgment were wrong, which contradicted the judgment result, the legal error naturally applied!

To sum up, the judgment of the court of first instance found that the facts were wrong, the reasons for the judgment were wrong and contradicted with the judgment results, and the applicable law was wrong, which should be revoked according to law!

I am here to convey

Xxx intermediate people's court

Appellant xx County xx Rural Credit Cooperative

Press release issued on 25th October, 2004

(2) Criminal incidental civil indictment

The incidental civil plaintiff XXX, female, Han nationality, born on XX, XX, is the wife of the victim XXX.

The incidental civil plaintiff XXX, female, Han nationality, born on XX, XX, with the same address, is the daughter of the victim XXX.

The incidental civil plaintiff XXX, female, Han nationality, born on XX, XX, with the same address, is the daughter of the victim XXX.

The incidental civil defendant XXX, male, Han nationality, adult, XXX, is now in custody.

Claims

1. The criminal defendant XXX was found guilty of intentional homicide according to law and given a heavier punishment.

2. According to the law, the incidental civil defendant was ordered to compensate the incidental civil plaintiff and the victim XXX for personal injury compensation of RMB 92,939.

Facts and reasons

On the evening of February 27th, 2009, around 0: 00/9: 00, at the home of the victim XXX, the victim XXX was hacked to death by the defendant XXX because of a dispute with the incidental civil defendant XXX (see the indictment against XXX by the procuratorate for details). Based on the above facts, the plaintiff in the incidental civil case thinks that:

1. Defendant XXX constitutes the crime of intentional homicide and should be severely punished according to law.

1, the defendant XXX constitutes the crime of intentional homicide.

Defendant XXX, as an adult with normal civil capacity, should have known that cutting the victim's head with a knife would lead to death, but he still committed this criminal act, obviously hoping that the victim would die. To take a step back, even if the defendant XXX had no direct intention to kill, he still committed this crime, or at least the consequences of the victim's death occurred, when he should have known that cutting the victim's head with a knife might lead to death.

Article 14 of the Criminal Law of People's Republic of China (PRC) stipulates: "It is a deliberate crime to know that one's actions will have harmful consequences to society and hope or let such consequences happen." Therefore, the defendant XXX's criminal behavior, whether it is the result of hoping or letting the victim die, has constituted the crime of intentional homicide.

2. Defendant XXX should be severely punished.

According to Article 232 of the Criminal Law of People's Republic of China (PRC), "Whoever intentionally kills someone shall be sentenced to death, life imprisonment or fixed-term imprisonment of more than 10 years". The first choice of sentencing principle of intentional homicide is death penalty, which should be sentenced to death; According to the fact that this crime caused death, the fact and means of refusing to pay compensation were particularly cruel, which caused great public outrage. Not sentencing to death is inconsistent with law, emotion and reason!

2. The defendant in the incidental civil case shall compensate the plaintiff in the incidental civil case for 92,939 yuan.

According to the provisions of Article 17, paragraph 3, Article 27, Article 28 and Article 29 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, compensation should be paid for the funeral expenses and death compensation of the incidental civil plaintiff, as well as other reasonable expenses such as funeral expenses, accommodation expenses and lost time for the relatives of the victims; According to the data published in Calculation Standard for Road Traffic Accident Damage Compensation Items in XX Province (2008-2009), the specific amount that the defendant should compensate the plaintiff is as follows:

(1) Funeral expenses: according to the average monthly salary of employees in the place where the Court of Appeal is located in the previous year, the monthly salary is 1642.58*6=9855 yuan;

(2) Death compensation: according to the per capita net income standard of rural residents where the Court of Appeal is located in the previous year, it is calculated to be 3,904.2 yuan * 20 = 78,084 yuan in 20 years;

(3) Other losses: including transportation, accommodation and lost time * * * 5,000 yuan.

Above total: 92,939 yuan.

Because the defendant refused to compensate the victim's close relatives, he showed a wild attitude after committing the crime and requested the people's court to make a ruling according to law in order to safeguard the legitimate rights and interests and legal dignity of the parties.

I am here to convey

XX intermediate people's court

(4) Criminal private prosecution

Private prosecutor: name, gender, date of birth, nationality, education level, work unit, occupation and address.

(If the plaintiff is a unit, the name of the unit, the name and position of the legal representative and the address of the unit shall be stated. )

Defendant: name, gender, date of birth, nationality, education level, work unit, occupation and address.

(If the defendant is a unit, the name of the unit, the name of the legal representative, position and address of the unit shall be stated. )

Cause of action:

Request: (state the purpose of bringing a lawsuit to the court)

1.

2.

Facts and reasons: (explain the facts and legal basis of the prosecution or request, including evidence and

Name and contact address of the witness)

I am here to convey

_ _ _ _ People's Court

Private prosecutor: (signature or seal)

Entrusted agent:

_ _ _ _ _ _ _ _ _ _ _

Attached:

1. Copies of the indictment (the number of copies shall be determined according to the number of defendants);

2. A copy of the evidence;

Third, other materials.

note:

(1) The complaint was written with a pen or brush.

(2) Name, gender, date of birth, nationality, native place, occupation or work unit, position and address shall be indicated in the column of "Party". If you really don't know the date of birth of the defendant, you can indicate your age.

(3) In the column of "Cause of Action and Request", the accusation and specific request shall be clearly stated.

(4) If the "facts and reasons" section is insufficient, a middle page can be added.

(5) The number of copies of the indictment shall be submitted according to the number of defendants.

References:

Model complaint _ Baidu Encyclopedia