Civil complaint sample

Date：2018-05-06 Categories：Law Regulation

Civil complaint

(for natural person prosecution)

plaintiff: ×××， ID number, × Nationality,… (indicate the work unit, position or occupation), residence. Contact information: mobile phone number, wechat, email, etc.

Legal representative / designated agent: ×××，……。

Entrusted agent ad litem: ×××，……。

defendant: ×××，……。

(the above shall indicate the names of the parties and other participants in the proceedings and other basic information)

Claim:

Facts and reasons:

Evidence and source of evidence, name and domicile of the witness.

Sincerely

×××× People’s court

Attachment: copy of this indictment × share

Prosecutor (signature)

×××× year ×× month ×× Day

Civil complaint

(for legal persons or other organizations to bring civil proceedings)

plaintiff: ×××， Enterprise code, domicile.

Legal representative / Principal: ×××，…… (specify the position).

Contact information:… Mobile phone number, wechat, email, etc.

Entrusted agent ad litem: ×××，……。

defendant: ×××，……。

(the above shall indicate the names of the parties and other participants in the proceedings and other basic information)

Claim:

Facts and reasons:

Evidence and source of evidence, witness’s name and domicile:

Sincerely

×××× People’s court

Attachment: copy of this indictment × share

Prosecutor (official seal and signature)

×××× year ×× month ×× Day

[description]

This format is for legal persons or other organizations to file civil lawsuits.
To bring a lawsuit, a bill of complaint shall be submitted to the people’s court, and copies shall be submitted according to the number of defendants.
If an agent ad litem has been entrusted at the time of prosecution, the basic information of the entrusted agent ad litem shall be stated.
if the defendant is a natural person, the name, ID number, work unit, domicile and other information shall be indicated; If the defendant is a legal person or other organization, the name, enterprise code, domicile and other information shall be indicated.
If the plaintiff directly lists a third party in the complaint, it shall be deemed that he has applied to the people’s court to add the third party to participate in the lawsuit. The people’s court shall notify the third party to participate in the litigation.
The indictment shall be stamped with the seal of the unit and signed by the legal representative or the main person in charge.

Civil complaint

(bring an action for revocation by a third party)

plaintiff: ×××， ID number, × Nationality,… (indicate the work unit, position or occupation), residence. Contact information:… Mobile phone number, wechat, email, etc.

Legal representative / designated agent: ×××，……。

Entrusted agent ad litem: ×××，……。

Defendant (plaintiff of the original trial): ×××，……。

Defendant (original defendant): ×××，……。

Third party: ×××，……。

(the above shall indicate the names of the parties and other participants in the proceedings and other basic information)

Claim:

If all requests for cancellation are made, the cancellation shall be indicated ×××× People’s court（ ××××）…… Civil judgment / civil ruling / civil mediation;

In case of partial request for cancellation, the cancellation shall be indicated ×××× People’s court（ ××××）…… Civil judgment / civil ruling / civil mediation No × Item;

Where a change is requested, the change shall be indicated ×××× People’s court（ ××××）…… Civil judgment / civil ruling / civil mediation No × Item is… (specify the specific content of the change).

2…. (specify other claims).

Facts and reasons:

… (state the facts and reasons for filing a third-party cancellation action).

Evidence and source of evidence, witness’s name and domicile:

Sincerely

×××× People’s court

Attachment: copy of this indictment × share

Prosecutor (signature or seal)

×××× year ×× month ×× Day

[description]

This form is for a third party who fails to participate in the litigation due to reasons that cannot be attributed to him, but has evidence to prove that part or all of the legally effective judgment, ruling and mediation statement are wrong and damage his civil rights and interests, and brings a lawsuit to the people’s court that made the effective judgment, ruling and mediation statement within six months from the date when he knows or should know that his civil rights and interests are damaged.
If the party is a legal person or other organization, specify the name, domicile and enterprise code. The legal representative, the main person in charge and their names, positions and contact information shall be indicated on the other line.
When a third party cancels an action, the third party shall be listed as the plaintiff, and the parties to the effective judgment, ruling and mediation statement shall be listed as the defendant, but the third party without independent claim who does not bear responsibility in the effective judgment, ruling and mediation statement shall be listed as the third party.
The claim shall specify the main text of the original effective judgment or ruling requesting cancellation or the result of dealing with the rights and obligations of the parties in the mediation agreement.
Failure to participate in the litigation due to reasons that cannot be attributed to him means that he is not listed as a party to an effective judgment, ruling or mediation statement, and has no fault or obvious fault. Including: (1) failing to participate without knowing the lawsuit; （2） Application for participation is not allowed; （3） Being aware of the lawsuit but unable to participate due to objective reasons; （4） Failing to participate in the litigation due to other reasons that cannot be attributed to him.
The evidential materials provided shall include: (1) failing to participate in the proceedings for reasons that cannot be attributed to him; （2） The legally effective judgment, ruling or mediation statement is wrong in whole or in part; （3） The content of a legally effective judgment, ruling or mediation statement is wrong and damages its civil rights and interests.
A legally effective judgment / ruling / mediation statement requesting the people’s court to revoke shall be attached to a third-party cancellation action.

Civil complaint

(a lawsuit filed by an outsider against execution)

Plaintiff (outsider): ×××， ID number, × Nationality,… (indicate the work unit, position or occupation), residence. Contact information:… Mobile phone number, wechat, email, etc.

Legal representative / designated agent: ×××，……。

Entrusted agent ad litem: ×××，……。

Defendant (applicant for enforcement): ×××，……。

Defendant / third party (executed): ×××，……。

(the above shall indicate the names of the parties and other participants in the proceedings and other basic information)

Claim:

Not to execute… (specify the subject matter of execution);
Where a request for confirmation of rights is made, it shall state:.

Facts and reasons:

×××× year ×× month ×× Day, ××× Raise a written objection to the subject matter of execution. ×××× People’s Court on ×××× year

×× month ×× Day make（ ××××）…… Ruling on execution objection of Zhiyi No.: rejected ××× Objection.

… (state the facts and reasons).

Evidence and source of evidence, witness’s name and domicile:

Sincerely

×××× People’s court

Attachment: copy of this indictment × share

Prosecutor (signature or seal)

×××× year ×× month ×× Day

[description]

This form is used by outsiders who are not satisfied with the ruling of execution objection to file a lawsuit of execution objection.
If the party is a legal person or other organization, specify the name, domicile and enterprise code. The legal representative, the main person in charge and their names, positions and contact information shall be indicated on the other line.
In addition to complying with the provisions of Article 119 of the civil procedure law, a lawsuit filed by an outsider against execution shall also meet the following conditions: (1) the application of an outsider against execution has been rejected by the people’s court; （2） There is a clear claim to exclude the execution of the subject matter of execution, and the claim has nothing to do with the original judgment and ruling; （3） It shall be filed within 15 days from the date of service of the ruling on objection to execution.
If an outsider brings a lawsuit against execution, the applicant for execution shall be the defendant.
The claim shall specify the subject matter of execution that cannot be executed, and may specify the claim for confirmation of rights.
If an action of objection to execution is filed, a written ruling rejecting the objection to execution shall be attached.

Civil complaint

(a lawsuit filed by the applicant for enforcement against enforcement)

Plaintiff (applicant for enforcement): ×××， ID number, × Nationality,… (indicate the work unit, position or occupation), residence. Contact information:… Mobile phone number, wechat, email, etc.

Legal representative / designated agent: ×××，……。

Entrusted agent ad litem: ×××，……。

Defendant (outsider): ×××，……。

Defendant / third party (executed): ×××，……。

(the above shall indicate the names of the parties and other participants in the proceedings and other basic information)

Claim:

Permission to execute… (specify the subject matter of execution).

Facts and reasons:

×××× year ×× month ×× Day, ×××× People’s court（ ××××）…… No. make a civil judgment / civil ruling / civil mediation statement in the case of… (specify the parties and the cause of action):… (specify the judgment result). ×××× year ×× month ×× Day, defendant (outsider) ××× Raise a written objection to the subject matter of execution. ×××× People’s Court on ×××× year ×× month ×× Day make（ ××××）…… Execution objection ruling of Zhiyi No.: suspension of（ ××××）…… Execution of No… (indicate the case number, document name and execution items).

…. (state the facts and reasons).

Evidence and source of evidence, witness’s name and domicile:

１． ×××× People’s court（ ××××）…… Civil judgment / civil ruling / civil mediation;

２． ×××× People’s court（ ××××）…… Execution ruling No;

Sincerely

×××× People’s court

Attachment: copy of this indictment × share

Prosecutor (signature or seal)

×××× year ×× month ×× Day

[description]

This form is used by the applicant for enforcement to file a lawsuit against enforcement objection if he is not satisfied with the ruling of enforcement objection.
If the party is a legal person or other organization, specify the name, domicile and enterprise code. The legal representative, the main person in charge and their names, positions and contact information shall be indicated on the other line.
In addition to complying with the provisions of Article 119 of the civil procedure law, the person applying for execution shall also meet the following conditions: (1) the people’s court shall rule to suspend the execution according to the application for execution objection by an outsider; （2） There is a clear claim for continued execution of the subject matter of execution, and the claim has nothing to do with the original judgment and ruling; （3） It shall be filed within 15 days from the date of service of the ruling on objection to execution.
If the applicant files a lawsuit against execution, the outsider shall be the defendant. If the person subjected to execution objects to the claim of the person applying for execution, the outsider and the person subjected to execution shall be the co defendants; If the person subjected to execution does not object to the claim of the applicant for execution, he may be listed as a third party.
The claim shall specify the subject matter of the execution of the dispute.

Prev： Notice of the Supreme People’s Court on the Handling by People’s Courts of Issues Concerning Foreign-related Arbitration and Foreign Arbitration
Next： Law of the People’s Republic of China on Application of Laws to Foreign-Related Civil Relations