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How to write the indictment for jointly suing property?
The requirements of civil litigation are:
(a) The headings should be stated in turn.
The name of the document is "civil complaint" and the basic information of the plaintiff and the defendant. The plaintiff shall state his name, gender, date of birth, nationality, occupation, work unit and address. The basic information of the defendant is the same as that of the plaintiff. If you don't know some items, you don't have to write them, but you must specify the name and address of the defendant. Because "having a clear defendant" is one of the statutory conditions for the people's court to accept a case. If the whereabouts of some defendants are unknown (such as the other party in a divorce case), it is necessary to explain the reasons and relevant circumstances.
The reference to "domicile, address and address" is also called domicile. A citizen's domicile refers to a citizen's domicile. The address of the citizen is required in the complaint, which generally refers to the address of the citizen's residence. However, if a citizen's domicile is inconsistent with his habitual residence, the address of his habitual residence may be written. In order to facilitate contact and improve the efficiency of handling cases, the communication numbers of the original and the defendant (such as office phone, home phone, mobile phone, pager, etc.) are provided. ) should be written in the complaint as far as possible.
(2) The text includes the following contents
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. If a divorce case has three specific requirements, it should be written as follows: requesting the original and the defendant to divorce; The legitimate child XXX is raised by the plaintiff, and the defendant pays the maintenance fee; Husband and wife * * * common property, bear the debts according to law.
2. Facts and reasons. 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 its 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 the 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.
Note: It is best to print the complaint; If you write, write clearly and use a pen.
Legal basis: People's Republic of China (PRC) Civil Procedure Law.
Article 3 The provisions of this Law shall apply to the people's courts in accepting civil lawsuits brought by citizens, legal persons, other organizations and among them because of property relations and personal relations.
Article 7 In trying civil cases, the people's courts must be based on facts and take the law as the criterion.
Article 8 Parties to a civil lawsuit have equal litigation rights. When trying civil cases, the people's courts shall guarantee and facilitate the parties to exercise their litigation rights, and all parties are equal in the application of laws.
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