By standardizing the content of the indictment, the requirements of the plaintiff to prosecute will be further improved so that the judge and the parties involved can understand the basic situation of the case, reply in time with evidence, sum up the dispute and aid the litigation process to progress smoothly. The prosecution of standardized instructions provided below will help you to understand the relevant content so please read carefully.
18.1.Please Check if the Civil or Commercial Complaint State the Followings Matters.
18.1.1. Relevant information of the plaintiff and the defendant;
18.1.2. Relevant information that may involve service abroad;
18.1.3. Claims and all the facts and grounds on which they are based;
18.1.4. Relevant evidence, source of evidence and the witness;
18.1.5.The applicable legal requirements;
18.1.6. Willingness to mediate and settlement;
18.1.7.Statement of faithfulness.
According to the actual situation of the case, the concerned party will be required to add supplement to the above contents.
18.2. The Following Information Shall Be Clear in the Claim.
If the purpose of the proceedings is be clear, the subject matter or its value will be clear and the party concerned is required to provide the basis and the list of available evidence of the claim so that the other party can determine the disputes and provide specific replies.
18.3. Please Check If the Complaint in the Applicable Law Is in Accordance with the Following Requirements.
For complex cases, the complaint should contain the laws involved in the case, which include the relevant laws and regulations, judicial interpretations of the Supreme People's Court, guiding cases and bulletin cases of the Supreme People's Court and relevant Guidance and Reference of Civil Trial, published opinions and cases on Commercial Trial Guidance. Where the case involved extraterritorial law, the relevant extraterritorial laws shall be provided.
18.4. Please Pay Attention to the Unfavorable Consequences When the Complaint Is Obviously Inconsistent with the Requirements.
Where the facts and disputes are not clear, the court shall issue a Notice of Complaint in accordance with the law to the party concerned after registration and require the party concerned to submit a supplemental formal accusation in accordance with the specific requirements of the complaint. Any party concerned who fail to provide the supplemental indictment in time will be recorded into the case of credit litigation file. The judge, according to the circumstances, has the right to reprimand and punish through disciplinary fees and attorney’s fees.
In addition, when appealing to the people's court, the party concerned shall abide by the principle of honesty, shall not collude with the other party maliciously and attempt to mislead the people's court to make a wrong judgment through litigation and mediation, shall not damage the lawful rights and interests of the state, the collective, the public interest or the third party. To ensure that the legal relationship in the litigation and that the facts of the case is true, the court shall not file legal proceedings by fabricating legal relations or facts or by other means. Ensure that the parties concerned, litigation representative and the applicant have the ability of civil behavior and the lawsuit or application is the true intention of the parties. Ensure that the signature, stamp or seal on the indictment, application, authorization and all other legal instruments are signed by the party concerned, legal representatives or the applicant himself without forgery.
