How to write the facts of infringement of rights and interests

Legal analysis: It is necessary to clearly express the facts, reasons, objectives and requirements of the complaint case and the basic information of both parties

1. The complainant's name, gender, age, address, etc. should be clearly stated;

2. Write down the request, that is, the specific requirements and purpose of the complainant;

3. Facts and reasons, consumers should indicate when, where, and for what reason what problems occurred. In order to understand the whole process as soon as possible and adjust the processing unit;

4. Evidence and Conclusion. Evidence, i.e., physical objects and witness testimony in the case of complaints.

Legal basis: Article 179 of the Civil Code of the People's Republic of China (1) Cessation of infringement;

2) removal of obstructions;

c) eliminate the danger; Talk about potatoes.

4) the return of property;

5) restitution;

6) Repair, rework, and replacement;

7. Those who contain sales) continue to perform;

8) Compensation for losses;

9) Payment of liquidated damages;

10) Eliminate the impact and restore reputation;

11) Apologize. Where the law provides for punitive damages, follow those provisions.

When the lawful rights and interests are infringed, the infringer may be required to stop the infringement, and a lawsuit may also be filed in the people's court.

When a citizen's legitimate rights and interests are illegally infringed upon, he must first have the courage to struggle against those who infringe upon his or her legitimate rights and interests, which is not only a citizen's own right, but also a citizen's obligation. They should be good at waging struggle against illegal infringers who infringe upon their legitimate rights and interests, and safeguard their own legitimate rights and interests. It is necessary to adopt legal means and channels to stop infringement and protect the legitimate rights and interests of citizens, and not to use illegal means to solve the problem of illegal infringement, that is, to rely on the strength of law enforcement organs to protect their legitimate and lawful rights and interests.

Civil liability includes stopping the infringement, eliminating the impact, apologizing, and compensating for losses. Among them, stopping the infringement, eliminating the impact, and making a formal apology are non-property liability methods, and compensation for losses is property liability methods.

Legitimate rights and interests refer to privileges that are protected by national laws and can obtain expected returns, such as intangible assets. Rights and interests that comply with the law. In China, the legitimate interests of citizens include political rights, democratic rights, personal rights, economic rights, and educational rights as stipulated in the Constitution and laws.

Legal basis

Civil Code of the People's Republic of China

Article 179:The main methods for bearing civil liability are:

1) Cease the infringement;

2) removal of obstructions;

c) eliminate the danger;

4) the return of property;

5) restitution;

6) Repair, rework, and replacement;

vii) continued performance;

8) Compensation for losses;

9) Payment of liquidated damages;

10) Eliminate the impact and restore reputation;

11) Apologize.

Where the law provides for punitive damages, follow those provisions. The methods of bearing civil liability in this article may be applied separately or in combination. Article 178:Where two or more persons bear joint and several liability in accordance with law, the rights holder has the right to request that some or all of the persons jointly and severally liable bear responsibility.

The share of liability of the jointly and severally liable persons shall be determined according to the size of their respective liabilities; Where it is difficult to determine the size of the responsibility, the responsibility is to be borne equally. The jointly and severally liable persons who are actually liable in excess of their own share of liability shall have the right to recover compensation from other jointly and severally liable persons.

Joint and several liability shall be prescribed by law or agreed upon by the parties.

Legal analysisWhere the lawful rights and interests are infringed, the situation is urgent and it is not possible to obtain protection from the state organs in a timely manner, and failure to take immediate measures will cause irreparable harm to their lawful rights and interests, the victim may take reasonable measures such as withholding the infringer's property to the extent necessary to protect his or her lawful rights and interests; However, a request should be made immediately to the relevant State authorities for disposition. The basic rights of Chinese citizens mainly include the following aspects: (1) equality before the law; (2) political rights and freedoms, including the right to vote and to stand for election, freedom of speech, press, assembly, association, procession and demonstration; (3) freedom of religious belief; (4) Personal and personality rights, including inviolability of personal freedom, inviolability of personal dignity, inviolability of residence, freedom of correspondence and protection of communication secrets by law, etc.

When our legitimate rights and interests are infringed, we can ask the infringer to stop the infringement, and we can also file a lawsuit with the people's court.

Legal analysisArticle 1177 of the Civil Code of the People's Republic of China: Where lawful rights and interests are infringed, the circumstances are urgent and it is not possible to obtain protection from state organs in a timely manner, and failure to take immediate measures will cause irreparable harm to their lawful rights and interests, the victim may take reasonable measures such as withholding the infringer's property to the extent necessary to protect his or her lawful rights and interests; However, a request should be made immediately to the relevant State authorities for disposition. Where the measures taken by the victim improperly cause harm to others, they shall bear tort liability.