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The guy above is very well written.
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Summary. Legal basis: Article 164 of the Civil Procedure Law of the People's Republic of China: The right to appeal. Where a party is dissatisfied with the first-instance judgment of a local people's court, it has the right to appeal to the people's court at the level above within 15 days of the date on which the judgment is served.
Where a party is dissatisfied with a local people's court's first-instance ruling, it has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served. Article 165:Appeal petitions. An appeal shall be filed with an appellate brief.
The content of the appeal petition shall include the names of the parties, the names of the legal persons and their legally-designated representatives, or the names of other organizations and their principal responsible persons; The name of the original people's court, the number of the case and the cause of action, the request for appeal, and the reasons for the appeal.
Need help writing a civil complaint.
Hello, I am glad to answer for you, the civil complaint can be written as follows: (1) state the basic information of the plaintiff and the defendant (2) state the facts and reasons of the lawsuit (3) write the court at the end of the reputation, write the date and sign and seal (4) attach a copy of the complaint and a list of evidence to the pleading.
OK. What the**.
Tell me the details.
It's 199.
Legal basis: Article 164 of the Civil Procedure Law of the People's Republic of China: The right to appeal. Where a party is dissatisfied with the first-instance judgment of a local people's court, it has the right to appeal to the people's court at the level above within 15 days of the delivery of the judgment. When a person in a virtual hall is dissatisfied with the first-instance ruling of a local people's court, he has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served.
Article 165:Appeal petitions. An appeal shall be filed with an appellate brief. The content of the appeal petition shall include the names of the parties, the names of the legal persons and their legally-designated representatives, or the names of other organizations and their principal responsible persons; The name of the original people's court, the number of the case and the cause of action, the request for appeal, and the reasons for the appeal.
You can upgrade this, and this ** is also borne by the other party after the lawsuit.
Good. Okay.
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Civil Complaint.
Plaintiff: Name, gender, date of birth, ethnicity, place of origin, address, contact**.
Defendant: Name, gender, date of birth, ethnicity, place of origin, address, contact**.
2. The litigation costs of this case shall be borne by the defendant in full.
Facts & Reasons:
Briefly and clearly describe the facts, and finally write words such as "In order to protect the legitimate rights and interests of the plaintiff, your court hereby makes a judgment as requested".
Sincerely, the People's Court of **City** District.
Applicant: (Signature and seal).
*year**month**day.
How to write a civil complaint:
1) Title. Write "Civil Complaint" or "Civil Complaint" in the middle of a separate line.
2) Basic information such as the identity of the litigation participants. If the plaintiff is a citizen, indicate name, gender, age, ethnicity, place of origin, occupation, place of work, and address. If the plaintiff is a minor under the age of 18, the name of the legal person and the relationship with the plaintiff must be indicated.
If the plaintiff is an organ, organization, enterprise, or public institution, the plaintiff shall write the name and address of the unit. Write the name and position of the legal representative on the next line, and the legal representative should be the main person in charge of the unit. Whether the plaintiff is a citizen or a legal person, if there is a client, the name, position and relationship between the client and the plaintiff should be clearly stated in the next item of the plaintiff.
The matters and writing of the defendant's column are the same as those of the plaintiff's column.
3) Litigation claims. This part mainly states the specific issues related to the civil rights and interests dispute requested by the plaintiff in accordance with the law. Such as claims for damages, debt settlement, performance of contracts, return of property rights, etc.
Claims should be written clearly, concretely, and concisely.
4) Facts and Reasons. This part is the main body and core part of the civil complaint, and is an important basis for requesting the people's court to adjudicate disputes and disputes between the parties. Generally, the facts are written first, and then the reasons are written.
The facts mainly state the specific facts of the defendant's infringement or the specific content of the dispute between the parties, as well as the responsibilities that the defendant should bear. Including the time, place, cause, circumstances and factual course of the dispute, it should be specifically stated, among which, the consequences and responsibilities caused by the defendant's infringement act should be clearly stated, as well as the focus of the dispute and substantive differences between the parties. After the facts are clearly written, provide sufficient human, physical, documentary and other evidence sufficient to prove that the plaintiff's lawsuit is justified.
The reason part is to state the nature of the defendant's infringement or illegal act, the consequences caused by it, and the responsibility to be borne based on the facts and evidence; The policy and legal basis for the request should also be indicated, but care must be taken to invoke the law accurately and appropriately.
5) The name of the people's court to which the complaint was submitted.
6) The signature or seal of the person carrying the complaint, and indicate the date, month and date of submission of the complaint.
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Model Civil Complaint.
Plaintiff: Name, gender, age, ethnicity, occupation or place of work and position, address, **).
Client: Name, gender, age, ethnicity, occupation or work unit and position, address, **).
Defendant: Indicate name, gender, age, ethnicity, place of origin, occupation or place of work and position, address, contact **).
Cause of action: (specify what kind of dispute it is).
Claim: (specify the specific content of the request).
Facts and Reasons:
Clearly state the specific process, reasons and relevant legal basis for the occurrence of the dispute, such as the time and place of the dispute).
Sincerely, the People's Court.
Pleading: Handwritten signature).
*year**month**day.
Attached: A copy of this complaint. (one for the court and one for the defendant).
Evidentiary materials. (If there are witnesses, the names and addresses of the witnesses shall be clearly stated).
Note: 1. This complaint is applicable to litigation between natural persons.
2. The plaintiff shall present all the evidence that can be proved to the court. The names and addresses of the witnesses, the documentary and physical evidence** and who keeps them, and provide copies to the court for the court's investigation.
Zongheng Legal Network Guizhu lawyer.
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Hello: I've written it down for you, but you can copy and print it:
Civil Complaint.
Plaintiff: Zhang Hai, male, born on January 28, 1960, Han nationality, worker, address: No. 23, Jingguang Road, Erqi District, Zhengzhou City.
Plaintiff: Zhang Hao, male, born on April 25, 1981, Han nationality, driver of a company, address, No. 23, Jingguang Road, Erqi District, Zhengzhou City.
Defendant: Wang Li, female, born on May 7, 1982, Han nationality, clerk of a company, address: 23 Courtyard, Jingguang Road, Erqi District, Zhengzhou City.
Litigation claim: division of solatium for moral damages.
Facts and reasons: Because Wang Juan, a close relative of the plaintiff and the defendant, died due to medical accidents, the hospital and the family of the deceased reached an agreement through consultation, and the hospital compensated the close relatives of the deceased Wang Juan for mental injury solatium and funeral expenses totaling 350,000 yuan, and the defendant Wang Li, one of the close relatives, received the two sums of money at that time, and after the defendant received the money, he had a conflict with the plaintiff and swallowed it privately, and did not give the plaintiff a little money. The court is asked to divide the remaining solatium for moral damages.
Sincerely, the People's Court of the 27th District of Zhengzhou City.
Attached: One copy of this complaint.
Prosecutor: Zhang Hai, Zhang Hao.
December 12, 2011.
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