Job Recruitment Website - Property management - The request for apology in the civil complaint of infringement dispute should be placed in the first article.
The request for apology in the civil complaint of infringement dispute should be placed in the first article.
Tort disputes are common civil disputes in China, with many types, which may be caused by infringement of property rights, personal rights, intellectual property rights, inheritance rights and even creditor's rights. I. Civil Complaint No.2022 for Infringement Disputes Plaintiff: Name: _ _ _ _ _ _ Address: _ _ _ _ _ _ Tel: _ _ _ _ _ _ _ Legal Representative: Name: _ _ _ _ _ _ _ _ Title: _ _ _ _ _ _ _ _ Authorized Agent:. _ _ _ Tel: _ _ _ _ _ Defendant: Name: _ _ _ _ _ _ Address: _ _ _ _ _ _ _ Tel: _ _ _ _ _ _ Legal Representative: Name: _ _ _ _ _ _ _ _ Title: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Words: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ other supporting documents. Note: ① The process, specific contents, causes of disputes, litigation claims and relevant laws and policies should be clearly written in the facts and reasons. (2) The plaintiff shall list all the evidence to the court. The name and domicile of the witness, the source and custodian of documentary evidence and physical evidence, and provide copies for court investigation. (3) This complaint applies to the fact that the defendant is a legal person or other organization. Second, the content of the civil complaint (1) title. Write "civil complaint" or "civil complaint" in the middle of the single line. (2) Basic information such as the identity of the participants in the proceedings. If the plaintiff is a citizen, state his name, gender, age, nationality, place of origin, occupation, work unit and address. If the plaintiff is a minor under the age of 18, the name of the legal representative and the relationship with the plaintiff shall be stated. If the plaintiff is an organ, organization, enterprise or institution, the name and address of the unit shall be stated. Write the name and position of the legal representative every other line, and the legal representative shall be the main person in charge of the unit. If the plaintiff is a citizen or a legal person and has an entrusted agent, the name and position of the entrusted agent and the relationship with the plaintiff shall be stated in the next item of the plaintiff. The items and writing in the column of defendant are the same as those in the column of plaintiff. (3) claim. This part mainly states the specific problems of requesting the people's court to solve the civil rights disputes demanded by the plaintiff according to law. Such as claiming losses, paying off debts, performing contracts, returning property rights, etc. The 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 it is an important basis for requesting the people's court to judge the rights disputes and disputes between the parties. Generally, write the facts first, and then write the reasons. The fact part mainly states the specific facts of the defendant's infringement or the specific contents of the dispute over the rights and interests of the parties, as well as the responsibilities that the defendant should bear. Including the time, place, reason, plot and course of the dispute, etc., should be clearly stated, among which the consequences and responsibilities caused by the defendant's infringement, as well as the focus and substantive differences between the two sides should be rewritten clearly. After the facts are clearly written, provide sufficient witness, material evidence, documentary evidence and other evidence sufficient to prove the plaintiff's prosecution. The reason part is to state the nature, consequences and responsibilities of the defendant's infringement or illegal behavior according to facts and evidence; At the same time, explain the policy and legal basis of the request, but we must pay attention to accurately and appropriately citing the law. (5) The name of the people's court where the complaint is filed. You can write like this: "for this reason, I hereby sue your hospital, please make a judgment according to law!" This is to the XXX people's court. " (6) The pledgee shall sign or seal, and indicate the date of complaint. (7) appendix. The number of copies of this complaint shall be stated in turn; The name and quantity of documentary evidence and physical evidence; Name and address of the witness. Year, month, day, third, the text of the civil complaint 1, claim. It is necessary to clearly ask the court to solve what problems and put forward clear and specific requirements. If divorce has many specific requirements, it can be stated separately. There are three specific requirements in a divorce case, which should be written as follows: ① the original and the defendant request a divorce; (2) ××× year × month × day × month × day × month × day × month × day × month × day × month × day × month × day × month × day × month × day × month × day × month × day × month × day × month × month × day × month × month × day × month × month × month × day × month × month × month × day × month × month × month × It is necessary to present facts, reason, and cite relevant laws and policies to provide sufficient basis for the legality of litigation requests. Placing the facts is to make clear the legal relationship between the two sides, the cause, process and present situation of the dispute, especially the focus of the dispute between the two sides. Reasoning is to analyze, distinguish right from wrong, clarify responsibilities, and quote relevant laws and regulations and policies. In divorce cases, it is generally necessary to specify when the two parties get married, what is the emotional foundation before marriage, the emotional changes after marriage, when and why the relationship began to deteriorate, and even developed to the point of rupture. Explain the reasons for requesting permission for divorce, and quote the relevant provisions of the Marriage Law; Put forward opinions on the handling of child support and property division after divorce, which is convenient for the court to hear according to law. 3. Evidence and sources, names and addresses of witnesses. The plaintiff who brings a civil lawsuit bears the burden of proof, and should be able to adduce all kinds of evidence to prove the facts of the case and support his claim, including documentary evidence, physical evidence, audio-visual materials, witness testimony, statements of the parties, expert conclusions, and transcripts of inspection. Original or photocopy of documentary evidence shall be attached. If it is an extract or copy, it should truthfully reflect the original intention, avoid taking it out of context, and indicate the source of the material; List physical evidence, indicating what kind of goods, where and by whom; When listing witnesses, you should specify the name and address of the witness and what problems he can prove. The name of the court of appeal shall be indicated at the end of the copy of the indictment, and the name and quantity of the evidence shall be indicated in the annex. Finally, the prosecutor will sign and stamp, indicating the date of prosecution. According to the law, we can know that if the infringement dispute cannot be solved through consultation, it can be solved through court proceedings, and a civil complaint must be submitted to the people's court. The complaint mainly includes the identity information, facts and reasons, and litigation requests of the parties.
Legal objectivity:
People's Republic of China (PRC) Civil Code
Article 179
The main ways to bear civil liability are:
(1) Stop the infringement;
(2) remove obstacles;
(3) eliminating danger;
(4) returning property;
(5) restitution;
(six) repair, rework and replacement;
(7) continue to perform;
(8) Compensation for losses;
(9) Paying liquidated damages;
(ten) to eliminate the influence and restore the reputation;
(eleven) apologize.
Where the law provides for punitive damages, such provisions shall prevail.
The ways of bearing civil liability as stipulated in this article can be applied separately or in combination.
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