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Format and sample complaint for economic disputes.
Economic Dispute Complaint Format.
First. The first part mainly consists of two structural contents, namely the title and the basic information of the parties.
Title. The title of the complaint for economic disputes is the specific name of such litigation documents, which should generally be determined according to the specific content of the economic dispute case. For example, if the content involves an economic contract dispute, the title should be indicated"Complaint for Economic Contract Disputes"。
But in the practice of writing, it is more than that"Economic Dispute Complaint"or"Economic Complaint"as the title, and some with that"Indictment"Directly in place of the title.
Basic information of the parties. The parties mainly include the plaintiff and the defendant. In this structural item, the name, gender, age, ethnicity, place of origin, occupation, place of work, address, etc. of the above-mentioned parties should be clearly stated.
If the above-mentioned parties are legal persons or other organizations, the full name of the unit, the location, and the name and position of the legal representative shall be indicated. If there is a client, the name, position and unit of the person should also be indicated. In some cases, in addition to the plaintiff and the defendant, third parties may also be involved in the complaint.
If this is the case, the complaint should also include a profile of the identity of the third party; If the third party is a legal person or other organization, the full name and location of the unit, as well as the name and position of the legal representative, should also be clearly stated.
Body. The body of the complaint for economic disputes mainly includes two structural contents: the matter of the claim (or the litigation claim), the facts and the reasons. Some complaints are slightly different, and the body of the complaint is composed of three structural contents: cause of action, facts and reasons, and the matter of the request, and the matter of the request is placed after the facts and reasons.
Since the former is more commonly used, only the structure of the former's text is introduced here.
Requests. or a claim. It is a specific request made by the plaintiff to the court to resolve the dispute over economic rights and interests or tort compensation in accordance with the law in order to protect its legitimate rights and interests, that is, the specific matters that the plaintiff requests the court to resolve.
Since economic disputes arise from a variety of reasons, the claims of different petitions vary from case to case. Some of them are suing for modification of the contract, some are suing for the return of property rights, some are suing for repayment of arrears, some are suing for liquidated damages, some are suing for compensation for other losses, and so on. Some requests may have more than one item, and if there are more than two, they should be listed separately.
Facts and reasons. This is the body and core part of the complaint for economic disputes. This part must be adhered to"Based on the facts, the law is the criterion"principles, put the facts, and be reasonable.
Therefore, its main content should include both facts and reasons. In terms of facts, it is important to clearly explain the economic interests between the parties, the reasons for the economic disputes, the process and the focus of the disputes, so that people can understand the ins and outs of the case and the crux of the case, and lay a foundation for explaining the reasons. After stating the facts, the reasoning begins.
When reasoning, it is necessary to analyze the relevant facts and evidence to prove the basis of the prosecution.
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The complaint for economic cases is mainly composed of six contents:
1) Cause of action. 2) Plaintiff: full name of the unit, detailed domicile, zip code, **. Legal representative: name, position. Client: name, gender, age, position, contact address, **.
3) Defendant: (same as plaintiff).
4) Specific litigation claims.
5) Detailed facts and reasons for the claim. Including time, place, circumstances (whether the parties have signed a written contract), the focus of the dispute, the cause of action and the legal basis.
6) Tail. Including signature, seal, date of prosecution and attachments, etc. The number of copies of the evidence attached to the pleadings shall be the same as the number of copies of the pleadings, except for the submission to the court.
Legal basis: Article 470 of the Civil Code? The content of the contract is agreed upon by the parties and generally includes the following clauses:
1) The name or address of the parties;
b) the subject matter; iii) quantity;
iv) Quality; 5) Price or remuneration;
6) the period, place and method of performance;
7) Liability for breach of contract;
8) Solve the problem and learn how to decide the dispute.
The parties may conclude a contract with reference to the model texts of various types of contracts.
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