How to write a civil complaint

A civil complaint shall be filled in according to the following contents:

Complainant and respondent: name, gender, date of birth, nationality, education level, work unit, occupation and address. If the complainant or respondent is a unit, it shall specify the name of the unit, the name, position and address of the legal representative. The complainant refused to accept XXXNo judgment. The case of XXXX (stating the cause of action, that is, the nature of the dispute) is now appealed. The appeal request and reasons are as follows: the request.

The complaint consists of three parts: head, body and tail.

1. The following contents should be written in the title: ① Title: Complaints. ② Both parties to the dispute: the plaintiff and the defendant. Individuals should indicate their name, gender, age, nationality or nationality, nature of employment, work unit, address and mailing address. The unit shall specify the name, the nature of the unit, the address, the name and position of the legal representative. If there is an entrusted agent, the name and work unit of the agent shall be stated.

2. The text should include: ① Request: refers to the purpose and requirements of the complaint. Requests should be specific and clear. (2) Facts and reasons: the formation process and focus of the dispute between the two parties should be briefly explained; Main evidence (the name, address, material evidence and documentary evidence of the witness shall be stated); The main legal basis for making a request.

3. The tail should include: the name of the institution that submitted the complaint, the name (signature) of the complainant and the application time (year, month and day). At the same time, specify the number of copies submitted (according to the number of appellants), the number of physical evidence and documents.

Complaint refers to the behavior of citizens, enterprises and institutions. Think that the result of handling a problem is incorrect, and explain the reasons to the relevant state organs and ask for re-handling.

There are two kinds of appeals: one is litigation appeal, which refers to the behavior of the parties, the victims and their families or other citizens who know the situation of the case, thinking that the legally effective judgment or ruling of the people's court is wrong, and asking the people's court or the people's procuratorate to handle and correct it according to law. Second, non-litigation appeal refers to the behavior that citizens, enterprises, institutions and other units refuse to accept the handling, punishment or disciplinary action of the administrative department because of their legitimate rights and interests, and demand that the department or its higher authorities handle and correct it again.

legal ground

Article 8 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that parties in civil litigation have equal litigation rights. When trying civil cases, the people's courts shall guarantee and facilitate the parties to exercise their litigation rights, and all parties are equal in the application of laws.

Article 11 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that citizens of all ethnic groups have the right to use their own spoken and written languages in civil proceedings.

Article 51 of the Civil Procedure Law of People's Republic of China (PRC), citizens, legal persons and other organizations may be parties to civil litigation. A legal person shall file a lawsuit by its legal representative. Other organizations are sued by their principal responsible persons.