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Article 108 (3) of the Civil Procedure Law stipulates that "there are specific claims" refers to the claims of substantive rights raised by the plaintiff, which must be specific and definable in terms of content and scope, otherwise it will be of no practical significance, and the people's court will not be able to hear and make a judgment on the case.
1.Pay attention to the conciseness of the language. The litigation claim should be written concisely and concisely, and it is required to express all the meanings that the parties want to express in the most general and concise language.
2.Pay attention to the clarity of the request. The request must be written clearly and concretely, and cannot be vague or abstract and general.
3.Pay attention to the reasonableness of the request. If the plaintiff submits some improper, unreasonable or even illegal claims to the defendant through the court, it will not only be useless to resolve the civil dispute, increase the difficulty of the court's trial work, and waste limited judicial resources, but also show that the plaintiff has no sincerity in resolving the dispute, and it is easy for the defendant to "break through" and not get the court's approval.
Therefore, the plaintiff's claim should be reasonable and juridical. It should be noted that a judge who is loyal to the facts and the law must adhere to the principle of "taking the facts as the basis and the law as the criterion" in the process of handling cases, and in addition, legal norms or policy documents generally have clear provisions on various compensation standards, so it is difficult for unreasonable, illegal, and unrealistic litigation claims to be supported by the courts.
4.Pay attention to the verifiability of the request. The provability of litigation claims means that the litigation claims raised by the plaintiff must be supported by evidence during the litigation process and can be substantiated by sufficient and reliable evidence.
Because if there is no evidence to support it, just as the building lacks a foundation and is extremely unsolid, the plaintiff's claim will become "water without a source" and "a tree without roots", and thus it will be in a situation of self-defeating, and there is no possibility of its establishment confirmed by the court's judgment at all.
5.Pay attention to the roundness of the request. The submission of litigation demands shall be carefully considered, so that they are thoughtful and have no omissions.
After the court accepts the case, the litigation claims cannot be increased or decreased from time to time, or change frequently. If the claim is indeed untrue or incomplete, and needs to be changed and improved to conform to the plaintiff's wishes, then it is best for him to correct it before the first time, and at the latest before the end of the court debate. In this regard, Article 156 of the Opinions of the Supreme People's Court on Several Issues Concerning the Application clearly stipulates:
After the case is accepted and before the court debate is concluded, the plaintiff adds the ...... of the claimWhere trials may be combined, the people's courts shall do so together. It can be seen that in accordance with the law, all requests should be made at one time as far as possible.
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The specific requirements and purpose of the lawsuit should be clearly stated, such as opinions on child support, property division and housing arrangements in divorce cases. Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China Article 119 A lawsuit must meet the following conditions:
1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
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When writing a civil lawsuit, you need to look at how much evidence you have, which is something to consider.
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Legal analysis: Civil litigation claims refer to the content and scope of the plaintiff's request to the court to protect their civil rights and interests, that is, the specific purpose of the plaintiff in the civil litigation through the litigation claim. The content of the civil litigation claim shall be specific and clear, and if it is a payment, the type and quantity shall be indicated; If it is an act of payment, it shall be clearly stated what act or not the act is to return to Handan.
Legal basis: "Civil Procedure Law of the People's Republic of China" Article 52: Where one or both parties are two or more persons, and the subject matter of the litigation is common, or the subject matter of the litigation is of the same type, and the people's court finds that it may be tried together with the consent of the parties, it is a joint litigation. Where one of the parties to a joint litigation has common rights and obligations over the subject matter of the litigation, the litigation conduct of one of them is recognized by the other joint litigants and becomes effective against the other veteran litigants; Where there are no joint rights and obligations with respect to the subject matter of the litigation, the litigation conduct of one of them is not effective against the other joint litigation disturbors.
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