Different casesLitigationRequiredSubmitMaterial Science
2010-11-25 23:22
(a) the basic requirements>?>
1
, Sue, should firstSubmitAccording to the indictment, andOther partyThe number of the partiesSubmitA copy of the corresponding number of copies.The party is a citizen, the parties should specify name, gender, age, nationality, address, contact telephone number; the parties is a unit, shall bear the unit name, address, contact phone number, name of the legal representative or principal.The text should clearly state the requested items and prosecution facts, reasons shall be signed or stamped, tail. 2
if necessary, entrust an agentLitigationThe principal, shall submit the signature or seal of the authorizedPower of attorneyTo grant authorizationPower of attorneyXu Jiming commissioned matters and authority.The entrusted people lawyers, lawyers shall provide certificate and a copy of the letter to the court law firm. 3The burden of proof,
requirements: (1The parties shall provide the following evidence to prosecute): AProof of civil legal relationship according to the occurrence, change, destroy evidence: if the contract, agreement, debt instruments (IOU, IOU etc.), shipping documents, correspondence, etc.; BDetermine the debt amount of evidence; CProve theLitigationThe qualification of evidence: proof of plaintiff qualification of materials such as identity card, account book, passport, Hong Kong and Macao HVPS, marriage certificate, proof of original and copy; business units as the plaintiff shouldSubmitA copy of the business license, the business registration certificate and other materials; institutions shouldSubmitEnterprise legal person code certificate; banks, non bank financial institutions as the plaintiff, must provide the financial license.Copy to prove that the defendant qualification of materials such as business license, ID card, passport and other evidence; the defendant is established in Shenzhen City Administration for Industry and commerce registration of enterprises, should beSubmitThe recent industrial and commercial registration, the name change, should also provide registration form; DTo support its claims of legal basis; EOther evidence shall be made by the parties burden. (2Foreign, Hong Kong and Macao parties)SubmitCourtLitigationMaterial ScienceNeedTypes of notarization, authentication and certification procedure is the main: AFor the parties thatLitigationQualification of national identity, eligibility documents.Including passports, identity cards, legal person qualification certificate of the legal representative (representative), photocopy of identity certificate (such as the plaintiff to provide); BEntrustLitigationThe agent,LitigationRepresentative instrument, generally refers to the authorizedPower of attorney; CThe collegial panel thatNeedFor certification procedures as the main factsLitigationEvidence, including the testimony of a witness, the parties outside the case, documentary evidence (such as contract, certificate of property ownership, debt instruments, such as relevant government organs abroad) registration document (such as a hospital birth certificate, marriage certificate, death certificate); DThe parties express opinions on the handling of cases.Including divorce advice, give up inheritance statement etc.. (3Divided into documentary evidence, material evidence) evidence, testimony of witness, audio-visual materials, the statements of the parties, the appraisal conclusion, the written record of the inspection.Documentary evidence and material evidence shall beSubmitThe original, the original,SubmitThe original, the original is difficult, canSubmitCopy (system), photos, copies, extracts of the original, but with the original check is.SubmitForeign documentary evidence or other relevant departments must attach a notary public Chinese versions of translation. (4In addition to the original) party prosecution, shall be the defendant or the number of applicants to provide evidence of corresponding number of copies, each attached list of evidence, for the evidence exchange in. (5The parties should be objective, comprehensive) to provide evidence, shall not be forged, destruction of evidence.
(two) the bankruptcy case requiredSubmitMaterial Science
1Enterprises as legal persons, filed for bankruptcy, it shall submit the following materials to the people's court: (1) written
requirements of the bankruptcy and debt repayment; (2The
enterprises) proof of subject qualification, is required to provide the new business registration; (3
) enterprise has the superior departments in charge,SubmitThe authorities agreed to file bankruptcy; no higher authority, provides the general meeting of shareholders and board decided to file bankruptcy resolution; (4The capital verification
enterprises) established cast capital report, there are additional investment, but also provides an additional part of all capital verification; (5
) enterprise staff and placement; (6) written loss making enterprises
statement audit, together with the audit department to the enterprise audit made after the company failed to repay debts; (7Accounting
) related to the bankruptcy filing date at the end of the balance sheet, statement of assets and liabilities; (8
) to the bankruptcy filing date schedule of the assets of state, assets include tangible list (list the property name, specifications, premises and value), intangible assets (patent, trademark and other intellectual property rights or other property rights in intellectual property rights) and business investment (including Sino foreign joint ventures, Sino foreign cooperative, joint venture, sole proprietorship; (9
) evaluation by the specialized enterprise existing asset appraisal institution to make value report, enterprise fixed assets to provide the corresponding proof, property (such as real estate card; (10The
) with enterprise accounts, including account opening approval of materials, accounts, funds; (11
corporate debtor) table, specify the name of the enterprise, residence (including postal code, telephone number and other necessary contents), the amount of debt, occurrence time and debt repayment; (12
) creditors of the table name, domicile, listed company creditor (including postal code, telephone number and other necessary contents), the amount of the claim, the happening time and debt repayment; (13
enterprises) for others and provide guarantee for the enterprise; (14The enterprise has happened)LitigationSituation. (15The people's court should consider)SubmitOther materials. 2Creditors, filed for bankruptcy, it shall submit the following materials to the court: (1The facts and
claims); (2Proof of subject qualification of the creditors); (3The latest industrial and commercial registration
); (4The nature of creditor's rights), amount, there is no property collateral (property guarantee shall provide evidence) etc.; (5) debt clear undisputed evidence, such as the court of judgment documents etc.; (6) the debtor is unable to repay debts evidence; (7The debtor's office), responsible for the telephone, the property clue. If you need an attorney isLitigationThe principal, shall submit the signature or seal of the authorizedPower of attorneyTo grant authorizationPower of attorneyXu Jiming commissioned matters and authority.The entrusted people lawyers, lawyers shall provide certificate and a copy of the letter to the court law firm.
(three) administration, state compensation casesSubmitMaterial Science
(1To prove the applicant), subject qualification; (2Such as the need to entrust an agent)LitigationThe principal, shall submit the signature or seal of the authorizedPower of attorneyTo grant authorizationPower of attorneyXu Jiming commissioned matters and authority.The entrusted people lawyers, lawyers shall provide certificate and a copy of the letter to the court law firm; (3Administrative cases)SubmitTreatment of administrative decision, the punishment decision, the administrative reconsideration organ for reconsideration of the decision on the reconsideration, administrative processing of evidence, evidence and proof of receipt of the written decision date; (4The application of grassroots courts in the city) as the organ liable for compensation if no compensation or the amount of compensation to the compensation commission has any objection, the court for a decision of compensation cases, should beSubmitThe grass-roots court compensation decisions and that received the decision date evidence or submit claims to the court evidence; (5) against the City Public Security Bureau, Security Bureau, procuratorate of the reconsideration decision or the reconsideration organ fails to make a decision, the Committee for the school for a decision of compensation cases, should beSubmitThe administrative compensation decision and that received the decision date evidence or submit claims to the administrative evidence.
(four) apply for revocation of an arbitral award should beSubmitMaterial Science
(1) the cancellation of the arbitration award application, apply for revocation of Shenzhen Arbitration Committee for arbitration, should refer to "Arbitration Law" stipulates that the fifty-eighth legal reasons; apply for revocation of Chinese International Arbitration Committee Shenzhen branch award, should refer to "people's Republic of China CivilLitigationMethod 260th provisions of the statutory reasons "; (2) the applicant qualification materials, the applicant recent business registration certificate; (3Such as the need to entrust an agent)LitigationThe principal, shall submit the signature or seal of the authorizedPower of attorneyTo grant authorizationPower of attorneyXu Jiming commissioned matters and authority.The entrusted people lawyers, lawyers shall provide certificate and a copy of the letter to the court law firm; (4The arbitration award is the original); (5) that received the award date of materials; (6) a copy of an arbitration agreement or the arbitration clause in the contract with.
(five) the enforcement application shouldSubmitMaterial Science
(1) the application for enforcement, should be made for the implementation of the basis, reason, items, and amount of execution (principal, interest,LitigationFees, security fees). (2Our judgment, mediation), ruled by the judge or clerk signature that has come into force, the provincial court upheld to copy the receipt, the enforcement of arbitration award application shall beSubmitProof of the date of service of the material. (3) the person applying for enforcement of identity.The application of individual citizens shall produce their identity cards; legal application, shallSubmitCopy of business license and legal representative identity; other organizations shall applySubmitA copy of the business license and the person in charge of identity. (4) to apply for execution, shall beSubmitTo grant authorizationPower of attorney.A lawyer shouldSubmitHis lawyer's practice certificate and a copy of the letter of attorney in the court. (5Fill in the court) provide the approval form, cannot provide the property status of the right to apply for registration, carry out, do not enter the implementation procedure. (6The person applying for enforcement of foreign related), Hong Kong and Macao, must provide notarized, certified material (the resolution of the board of directors, legal person certificate of identity, authorizationPower of attorneyA copy of business registration, etc.). (7) the debtor in Shenzhen City Administration for Industry and commerce registration and establishment of enterprises,SubmitThe recent industrial and commercial registration.
(six) civil cases shouldSubmitEvidence material
1, marital disputes (1) marriage certificate or proof of the marriage registration office; (2) not married, proof of cohabitation time or wedding time; (3) remarried, proved that the divorce mediation book, judgment or the relevant departments; (4The One's whereabouts is a mystery.), proof of One's whereabouts is a mystery. time, situation; (5) one party or both parties consist of servicemen, provide a certificate issued by the political organs at or above the regiment; (6One reason the defective), suffering from sexually transmitted diseases, mental disease diagnosis evidence; (7) party as a result of crime was sentenced to prison, proof of original court, sentences and prison site; (8) basis in fact marriage relationship; (9) party has fault related evidence; (10The children's name, gender, age), living condition proof; (11The children, after the relevant proof) children; (12Certificate request) favorable conditions for child rearing or other conditions; (13) request for payment of alimony amount of evidence (both wages or labor income etc.); (14To prove the property name, quantity), value; (15The nature of property (property), married couples premarital agreement or proof); (16) that savings, treasury stock, property or related cues; (17) debt and properties (before marriage, after marriage, men and women a separate debts) that; (18Housing (private) construction time, area, cost; public houses by name, area, room number, the resident population, sources of distribution) proof; (19Other evidence). 2, inheritance disputes (1Public security organs, hospital) on inherited that deaths; the decedent's date of death registration data or declaration of death judgments; proof of kinship; (2) proof and heritage types, quantity and discount list is heir to the location of the main legacy; (3) proves to be the antecessor debt, debt situation; (4) the decedent will original, notarization notarial will, scrivener, sound recording or emergency oral wills, and attached to the two or more witnesses material; (5) adopted children, children born out of wedlock, forming tending relations following the children shall provide proof material adoption, birth certificate, the formation of nurturing relationship; (6) successor waives the right of inheritance of hand written waiver and the relevant evidence; (7Widowed daughter-in-law, son-in-law) inheritance laws, parents in heritage, proof about themselves as a major maintenance obligations; (8Outside) about the succession outside of the decedent who rely on the lack of ability to work nor a source of people or the heir to the deceased support more people to claim that the decedent heritage related; (9The hospital a successor has been proved) pregnant; (10Other evidence). 3, nurturing fee cases (1) that divorce mediation book, judgment or the marriage registration office; (2Proof of wages, income status); (3Proof of physical condition of children); (4Children's medical expenses bill); (5Children learning costs) Bill and related certificate; (6Other evidence). 4Child support case, change (1) that divorce judgment, mediation or the marriage registration office; (2To prove their childcare) favorable or unfavorable conditions; (3To prove their income situation); (4)10Over the age of minor children in my opinion; (5Other evidence). 5, support disputes (1) that supported the human body, economy, living conditions; (2Children to support) that was a maintenance man; (3Proof of their income) children, living conditions; (4Other evidence). 6, debt disputes (1The loan agreement or IOUs); (2) lending relationship have security, the collateral evidence; (3Both lenders and borrowers) delivery, receipt vouchers; (4That the debtor borrowing purposes); (5That the debtor shall pay interest); (6No interest) agreed, creditors require the debtor to pay overdue interest, or irregularly interest free loans being urged not also, creditors demanded payment of interest on after a reminder, maturity is not also or being urged not evidence; (7The One's whereabouts is a mystery.), relevant evidence about proving CDO authenticity and pay off the debt; (8Payment payment vouchers); (9Other evidence). 7Disputes, personal injury compensation cases (1) evidence dispute time, place, cause related evidence; other departments to deal with disputes; (2The implementation of infringement evidence); (3That person) infringement and damage effect (diagnosis, forensic identification, photos etc.); (4) compensation for medical expenses, lost income, nursing fees and travel expenses of evidence (receipts for medical expenses, the days off work and delays income evidence, medical department to special care and Nursing Fees Certificate, proof of travel tickets); (5) demand compensation for funeral expenses and living costs, on the proof of kinship, the victim's support, maintenance, maintenance of proof, funeral expenses vouchers; (6Without proof of fault or the defendant) also has the fault on the damage; (7Other evidence). 8Cases of disputes, property damages (1) time, place, cause disputes evidence; (2The implementation of infringement evidence); (3To prove the property damage) of (property name, quantity and invoice, the identification of damage field and real photos, relevant departments etc.); (4) proof property repair costs; (5) property damaged property controversial property right certificate; (6The defendant without proof of fault or the victim) on the occurrence of damage is also at fault; (7Other evidence). 9By keeping the animal, caused by damage compensation cases (1The keeper or manager) proof about animal; (2) that victims of violations and the damage of the (diagnosis, forensic identification, photos etc.); (3Due to the fault of the victim) that causes damage; (4) that due to fault of the third party damage; (5Other evidence). 10, substandard product caused by compensation disputes (1The original legacy) products, or photos; (2) that a manufacturer, Seller (product notes, credit card, warranty card); (3) prove the quality of identification of relevant departments; (4) that personal, property damage and damage consequence; (5Transport, storage) of the property of others, who finish the proof responsibility; (6Other evidence). 11Traffic accident, compensation disputes (1) public security traffic department responsibility book, mediation or review ruling; (2) prove that the victim damage and damage consequence (diagnosis, forensic identification, injury level, photos etc.); (3) compensation for medical expenses, lost income, nursing fees, accommodation and transportation expenses evidence (receipts for medical expenses, the days off work and delays the proof of income, the Medical Department granted special nursing certificate and care vouchers, documents, travel tickets and accommodation); (4) requirements are dependent for living expenses, to provide proof of kinship, dependents to prove the case (including the date of birth and other supporters to prove the case); (5Other evidence). 12Due to the dismissal, dismissal, dismissal of employees, the labor dispute cases (1Labor arbitration award); (2Proof of Labor Arbitration Commission) shall be the date of service of the prosecution of the arbitral award; (3) both sides signed labor contracts or other about employment relationship proving; (4The dates that) work; (5) of dismissal, removal, dismissal of employees, informed decision; (6According to the relevant rules and regulations) internal rules and regulations of punishment; (7) show that employees oftheir; (8) that wages, capital income of workers; (9Pay groom cost voucher labor units); (10Employees must service limit); (11Other evidence). 13Recovery of the labor remuneration, labor dispute case (1Labor arbitration award); (2Proof of Labor Arbitration Commission) shall be the date of service of the prosecution of the arbitral award; (3) both sides signed labor contracts or other about employment relationship proving; (4The dates that) work; (5The list of persons); (6) proof of workers labor days and pay the amount of; (7The specific amount of remuneration) in evidence; (8Other evidence). 14Due to the labor protection, labor insurance, labor dispute cases (1Labor arbitration award); (2Proof of Labor Arbitration Commission) shall be the date of service of the prosecution of the arbitral award; (3) the two sides signed a labor contract and other about employment relationship proving; (4The dates that) work; (5) enterprises to pay endowment insurance, housing provident fund evidence; (6) that wages, capital income of workers; (7) workers injury identification and medical bills; (8Other evidence). 15For the recognition of foreign divorce court decision, the case (1The certificate of nationality (hukou), passport); (2) foreign divorce court judgment (mediation) original and certified the Chinese versions; (3) judgement (mediation) issued by court decision (mediation) has come into the document, the document shall be approved by the foreign notary Notary department and Chinese embassies, consulates, and should provide a certified translation of Chinese; (4) judgement (mediation) of foreign court has legally summoned to appear on the document, the document shall be approved by the foreign notary Notary department and Chinese embassies, consulates, and should provide a certified translation of Chinese; (5) judgement (mediation) Notice of responding to the foreign court or court summons.
(seven) real estate casesSubmitMaterial Science
1The dispute, the housing property (1Housing property certificate); (2Housing source (the buyer), inheritance, property, the donee etc.) proof; (3There are real estate () formed joint construction, renovation, purchase, inheritance, gift, the proof); (4Real estate registration) (registration, change of registration, transfer of property rights etc.) evidence; (5) that housing use, management, earnings; (6) to pay real estate tax people's names and tax time, amount, paper etc.; (7Other evidence). 2, the sale of housing disputes (1Housing property certificate); (2Housing sales contract and the certificate); (3The relevant authorities) the sale of housing files; (4Proof of housing delivery conditions); (5Both the buyer and the seller delivered), charge 1629 receipts; (6To prove the identity of the buyer), buy a house and use the real national conditions; (7) the total housing there are other people abandon the priority to purchase the rights and agreed to sell housing evidence; (8) rental housing the lessee pre emptive evidence; (9Other evidence). 3Housing lease disputes (1Housing property certificate); (2) rental housing permit; (3Housing rental contracts); (4That time, the amount of rent) or iou; (5) that the renovation before the quality of housing and reasonable expenses for repairs to the housing expenditure vouchers; (6The original housing structural sketch); (7Sublease sublease agreement) and reap profits from evidence; (8Other evidence). 4Teng move, housing disputes (1Housing property certificate); (2Housing rental contracts); (3) is Teng move family population and whether there are other housing or relocation of evidence; (4) owner back after use to housing (for personal use or to continue renting) proof; (5Rental housing is the sale), whether in the same price so that the lessee preemptive evidence; (6) the owner is three months in advance to inform the tenant relocation evidence; (7Other evidence).