1. The following should be stated in the title:
① Title: Complaint of Arbitration.
② Both parties to the dispute: the complainant and the defendant. Individuals should indicate their name, gender, age, nationality or nationality, nature of employment, work unit, address and mailing address. The unit shall specify the name, the nature of the unit, the address, the name and position of the legal representative. If there is an entrusted agent, the name and work unit of the agent shall be stated.
2, the text should include:
① Requested items: refers to the purpose and requirements to be achieved by the appeal. Requests should be specific and clear.
(2) Facts and reasons: briefly explain the time and method of establishing labor relations between the two parties and the main contents of the labor contract; The formation process and focus of the dispute between the two sides; Main evidence (name, address, material evidence and documentary evidence sources of the witness shall be stated); The main legal basis for making a request.
3, the tail should include:
The name of the arbitration institution, the name of the complainant and the application time for submitting the complaint. At the same time, specify the number of copies submitted (according to the number of appellants), the number of physical evidence and documents.
1. What is the scope of the complainant?
The scope of the complainant mainly includes:
(1) interested parties
The parties include victims, private prosecutors, criminal suspects, defendants, plaintiffs and defendants in incidental civil actions. Because they know the case best, they also know whether there is any mistake in the legally effective judgment or ruling. If they think that the original referee did make a mistake, they have the right to express their opinions through appeal, which is the most important aspect of the source of retrial materials.
(2) The legal representative of the party concerned
The legal representatives of the parties refer to the parents, adoptive parents, guardians and representatives of organs and organizations responsible for protection. They also have a better understanding of the defendant's criminal facts. If it is found that there is an error in a legally effective judgment or ruling, it may appeal to the people's court or the people's procuratorate.
(3) Close relatives of the parties concerned
Close relatives of the parties refer to their husbands, wives, fathers, mothers, sons, daughters, brothers and sisters. They generally have a better understanding of the defendant's criminal facts. If they find that the effective judgment or ruling is wrong, they can also file a complaint, which is an important source of materials for retrial.
Legal basis: Article 205 of the Civil Procedure Law of People's Republic of China (PRC).
If a party applies for a retrial, it shall submit it within six months after the judgment or ruling becomes legally effective; In case of any of the circumstances specified in Items 1, 3, 12 and 13 of Article 200 of this Law, it shall be filed within six months from the date when it knows or should know.