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Anonymous users2024-02-07Complainant vs. Respondent. The body should include: Request:
Refers to the purpose and requirements of the appeal. Facts and reasons: the formation process of the dispute between the parties and the focus of the dispute.
Primary evidence: The main legal basis for the request. The tail should include:
The name of the arbitration institution to which the statement of claim is submitted, the name or title (signature and seal) of the complainant, and the time of application. At the same time, indicate the number of copies submitted (according to the number of respondents), and the number of physical and documentary documents.
Legal basis: "People's Procuratorate Rules of Criminal Procedure" Article 387: Where the victim or person not being prosecuted submits an appeal against the decision not to prosecute, he or she shall submit a written appeal stating the reasons for the appeal. Those who do not have the ability to write may also file an appeal orally.
The people's procuratorate shall make a record based on the appeal submitted orally.
Article 66 of the Civil Procedure Law of the People's Republic of China: When a people's court receives evidence submitted by a party, it shall issue a receipt, indicating the name of the evidence, the number of pages, the number of copies, the original or photocopy, and the time of receipt, and so forth, and the person handling it shall sign or affix a seal.
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Anonymous users2024-02-06Legal analysis: In accordance with relevant laws and regulations, if a legally effective judgment or ruling infringes upon the lawful rights and interests of the parties, the parties and their legal representatives and close relatives may draft a complaint and submit a complaint to the people's court or people's procuratorate. The written complaint shall clearly state the complainant's natural condition, the facts and reasons for the appeal, and the complainant's litigation demands.
Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 252: Parties and their legally-designated persons and close relatives may submit appeals to the people's courts or people's procuratorates against judgments or rulings that have already taken legal effect, but enforcement of the judgment or ruling cannot be stopped.
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Anonymous users2024-02-05Legal analysis: The first part of the statement of claim should clearly state the parties to the dispute, i.e., the complainant and the respondent. In the body section should include:
The matter of the request, that is, the purpose to be achieved by the appeal and the need for it. The request should be specific and clear. and facts and reasons, this section should briefly describe the formation process of the dispute between the parties and the focus of the dispute.
The main evidence should be listed, and the names and addresses of the witnesses, physical evidence, and documentary evidence should be stated. and the main legal basis on which the matter of the request is based.
Legal basis: Criminal Procedure Law of the People's Republic of China
Article 203:Parties, their legally-designated persons, and close relatives may submit appeals to the people's courts or people's procuratorates against judgments or rulings that have already taken legal effect, but enforcement of the judgment or ruling cannot be stopped.
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