Legal Opinion

Write a complaint, bring your ID card, evidence, and the other party’s identity information to the court where the other party lives.

Legal Basis

"Civil Procedure Law of the People's Republic of China"

Article 119

Prosecution The following conditions must be met:

(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 falls within the scope of the people's court to accept civil litigation and the jurisdiction of the people's court subject to the lawsuit.

Article 120

A prosecution shall be submitted to the People's Court, and copies shall be submitted according to the number of defendants.

If it is really difficult to write a complaint, you can file a complaint orally, and the people's court will record it and inform the other party.

Article 121

The complaint shall state the following matters:

(1) Name, gender, age, ethnicity, and occupation of the plaintiff , work unit, residence, contact information, the name, residence of the legal person or other organization, and the name, position, and contact information of the legal representative or principal responsible person;

(2) The name, gender, and job of the defendant Unit, domicile and other information, legal person or other organization name, domicile and other information;

(3) Litigation claims and the facts and reasons based on them;

(4) Evidence and evidence Source, witness name and residence.

Process

1. When a party files a lawsuit, he or she must first submit an indictment and submit a corresponding number of copies according to the number of opposing parties. If the parties are citizens, the names, genders, ages, places of origin, and residential addresses of both parties should be stated; if the parties are units, the name, address, and name of the legal representative or person in charge of the unit should be stated. The main text of the indictment should state the requested matters and the facts and reasons for the prosecution, and the tail must be signed or stamped with an official seal.

2. According to the principle of "whoever makes the claim must provide evidence", the plaintiff should submit the following materials to the court:

1. Materials on the plaintiff's subject qualifications. Such as the originals and copies of resident ID cards, household registers, passports, return certificates for Hong Kong and Macao compatriots, marriage certificates and other evidence; corporate units as plaintiffs should submit copies of business licenses, business registration certificates and other materials.

2. Evidence to prove the plaintiff’s claim. Such as contracts, agreements, credit documents (IOUs, IOUs, etc.), receipts and delivery vouchers, correspondence, etc.

3. When the parties submit documentary evidence to the court, they should fill in two copies of the evidence list, detailing the name and page number of the evidence submitted. After the evidence is verified by the court handler, the handler will sign and seal the evidence list. One copy will be handed over to the parties and the other will be filed.

4. After the parties have completed the necessary procedures and submitted all relevant evidence materials, the case filing court will handle the case filing procedures within seven days for those who meet the conditions for filing the case; for those who do not meet the conditions for filing the case, it will rule not to file the case according to law. accepted.

5. The parties concerned shall prepay the case acceptance fee and other litigation expenses within seven days from the date of receipt of the acceptance notice. If they are really in difficulty, they may apply to this court for a reduction, deferment, or If the written application for exemption from payment is not submitted within the time limit or the written application for deferment, reduction or exemption is not approved and the application is still not submitted in advance, this court will rule as automatically withdrawing the case.

6. After the case filing procedures, the case will be scheduled for hearing by the court. The parties concerned should obey the various work arrangements of the court and go to the finance office to settle the litigation expenses after the case is concluded. Any excess will be refunded and any less will be compensated.

Litigation fees refer to Article 13 of the "Measures for the Payment of Litigation Fees" as follows

Case acceptance fees shall be paid in accordance with the following standards:

(1) Basis of property cases The amount or value of the litigation claim shall be paid cumulatively in segments according to the following proportions:

If it does not exceed 10,000 yuan, 50 yuan shall be paid for each case;

2. If it exceeds 10,000 yuan, it shall be paid to The portion exceeding RMB 100,000 shall be paid at 2.5%;

3. The portion exceeding RMB 100,000 to RMB 200,000 shall be paid at 2%;

4. The portion exceeding RMB 200,000 to RMB 200,000 shall be paid at 2%; The portion exceeding 500,000 yuan shall be paid at 1.5%;

5. The portion exceeding 500,000 yuan to 1 million yuan shall be paid at 1%;

6. The portion exceeding 1 million yuan to 1 million yuan shall be paid at 1%. The portion exceeding 2 million yuan shall be paid at 0.9%;

7. The portion exceeding 2 million yuan to 5 million yuan shall be paid at 0.8%;

8. The portion exceeding 5 million yuan to 5 million yuan shall be paid at 0.8%. The portion exceeding RMB 10 million shall be paid at the rate of 0.7%;

9. The portion exceeding RMB 10 million to RMB 20 million shall be paid at the rate of 0.6%;

10. The portion exceeding RMB 20 million Part of it is paid at 0.5%.

Extended information:

Format sample

Plaintiff: (Basic information: name, gender, age, ethnicity, occupation, workplace and address, contact number)

Defendant: (Basic situation: same as above)

Litigation request

Write down the purpose you want to achieve, including: request for divorce, child support, and alimony Responsibility, request for visitation rights when raising the other party, division of property, request for the method or amount of financial help from the other party when I am in difficulty, request for compensation for damages when the other party is involved in bigamy, cohabitation with others, commits domestic violence or abuse, or abandons family members The amount, etc., such as:

1. The plaintiff and the defendant were judged to be divorced;

2. The legitimate son/daughter XX was raised by the plaintiff, and the defendant paid monthly alimony of RMB 10,000.

3. The property of the husband and wife is equally divided according to law (specify the type of property of the husband and wife, which generally includes major properties such as houses, deposits, vehicles, home appliances, etc.);

Facts and reasons

Facts and reasons: State the specific time of marriage and the birth of the child, and state the basis for the lawsuit, including the reasons and basis for the divorce, who will raise the child, the reasons for alimony, and the method of visitation. Basis, property situation, reasons and basis for division.

For this reason, the plaintiff filed a lawsuit in accordance with the law and asked your court to rule according to the law.

Sincerely yours

People's Court of a certain district/county

Person making the petition:

Year, month and day

Baidu Encyclopedia-Methods for Payment of Litigation Fees

Baidu Encyclopedia-Prosecution