Civil indictment is a basic legal document specially used in civil litigation, which has certain normative requirements in writing content and format. In actual writing, there are some outstanding problems and common-sense mistakes that are easily overlooked by writers.
(a) Whether the contents of the civil indictment conform to the law.
The format of a civil complaint shall be written in accordance with the provisions of the law and the Provisions on the Style of Court Documents (for Trial Implementation). The format of the civil indictment mainly consists of three parts:
(a) the first part, the title of the civil complaint, mainly states the basic situation of the parties to the civil case, and must have a clear request object;
(2) The text, including the claims, facts and reasons, evidence and sources of evidence. When writing a text, the appeal should be reasonable, and the most suitable request must be found according to the actual situation and legal provisions to protect the legitimate rights and interests of the parties to the greatest extent; Describe the implementation process accurately and concisely and explain the reasons. Don't exaggerate.
(3) At the end, the full name of the people's court, the name of the prosecutor, the time of prosecution and the attached contents shall be stated in turn.
(3) The plaintiff must be qualified.
According to Article 108 of the Civil Procedure Law, the plaintiff must have a direct interest in the case, not an indirect interest. If the plaintiff has no capacity for litigation, when writing a civil complaint, the basic situation of the legal representative and the relationship with the plaintiff must be listed after the plaintiff. The provisions of Article 12 1 of the Civil Procedure Law (revised 20 12) on the items to be recorded in a civil complaint:
(1) The name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, the name and domicile of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person;