The criminal complaint in writing

The second chapter Criminal litigation pleadings

The first section The criminal private prosecution and defense instrument

A, criminal control
The criminal charge sheet
The criminal charge sheet is a criminal case victim to infringe upon their personal, property rights crimes or criminal suspects to the public security organs, people's Procuratorate or the people's court to sue the complaint. The criminal charge sheet or letter of complaint, also known as the indictment, can put forward by the victim to the public security organs, people's Procuratorate or the people's court. But in practice, taking into account the public security organs, people's Procuratorate and the people's court by the scope and responsibilities are different, the general should first put forward to the public security organs; only in the public security organs shall be considered the case on file for investigation by the accused is not placed on file for investigation, it should be presented to the people's Procuratorate (Law of criminal procedure eighty-seventh). The victim has made to the people's Procuratorate, can use the letter of complaint, can only put forward to the public security organ for request to the people's procuratorate.
The victim's complaint is to request the public security organ in criminal cases on file for investigation; the victim to the people's Procuratorate charges, is to ask the people's Procuratorate to supervise the public security organs; sue to the people's court, but will be charged as a way to transfer the public security organs. Eighty-fourth the provisions of the first paragraph of the criminal procedure law, any entity or individual finds facts of a crime or a criminal suspect, has the right and obligation to the public security organs, people's Procuratorate or the people's court or report. The provisions of paragraph second, the victim to infringe upon their personal, property rights of the facts of the crime or the criminal suspect, also have the right to a public security organ, a people's Procuratorate or the people's court report or accusation. The third section is defined, the public security organ, a people's Procuratorate or the people's court for the accused, should be accepted. Of course, not equal to accept to accept, also is not equal to the case.
The victim in a written complaint, the use of control. The implementation of the criminal procedure law provisions in the second paragraph fourth paragraph first, the law of criminal procedure 170th second provisions handled directly by the people's court "the victim has evidence to prove that the minor criminal cases", the victim to the public security organ shall accept the charges, the public security organ. Public security organs for criminal cases procedure stipulates that the 155th, the public security organ for citizens to sue, shall immediately accept, inquire, and making a record. Procuratorate for implementing the criminal procedure rules 102nd, 115th are provided for processing charges.
The victim's complaint, oral; the heads, do not need to submit a copy of. Legal and judicial documents have no special requirements for the control of the paper, ink and so on.
The criminal charge sheet format
The letter of complaint in court litigation documents style and style instruments Criminal Court are not specified. According to the aim and the public security organs accused by handling criminal procedure and criminal cases on file standards, according to the criminal complaint format, a criminal charge sheet format.

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The complainant
The accused man

The purpose of charges and charges

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The name and address, name and other evidence

           This    Induced

       Additional items:

The complainant
YearsMonthDay

The criminal charge sheet method
Proposed the criminal charge sheet, the purpose is to make the criminal cases on file access procedure, therefore, letter of complaint writing should be to require filing as keynote.
The accuser and the accused person's situation
The complainant shall state the situation. Unlike the report, the complainant is case victim, should not exist on the accused person's fear, so do not need to hide their true conditions. Of course, if the complainant for some special psychological or because of some objective pressure, temporarily do not want to disclose their condition, can also be understood, but not so to the organ for handling cases brought great trouble. The complainant may be a citizen, legal person or any other organization may also be. The accused man situation, should take the accuser know, try to write fine, in order to verify.
The purpose of charges and charges
The complainant accused should write that the accused person violates the criminal offence, to facilitate the authority to examine whether their own scope. Sue the general purpose can be write only requires investigation, shall be investigated for criminal responsibility of the accused. If the complainant has asked the accused man compensate the idea, in general should be in by the authorities decided after the file again. In the letter of complaint of compensation for damage, as reflecting a desire of course, but the timing, not to have the realistic possibility.
The facts and reasons
He proposed to control time point, control. When the criminal case, only just happened, the case has not yet entered on the stage, so, all accused fact writing does not require write case. If the accuser has had all the facts of the case, all the facts should be clearly written, if you do not have all the facts of the case, as long as can write enough to fit the facts on file standards of criminal cases can be. The complainant had evidence that fact may write; accuse people think is a fact but not yet grasp the evidence that can write, but should provide clues to the authorities for investigation. Eighty-third of the criminal procedural law stipulates that the public security organs and the people's Procuratorate to the criminal cases on file standards, namely, the fact that a crime or a criminal suspect; public security organs to handle criminal cases procedures stipulated in the provisions of article 162nd is more specific: "the public security organs after the case is accepted, after examination, that the facts of a crime and criminal responsibility, and their own under the jurisdiction of the receiving unit, by making" criminal case report ", by the public security organ at or above the county level shall be responsible for the approval of people, to be placed on file."
Letter of complaint for part of the writing is simple, just write the accused man suspected of violating criminal law, constitute a crime, and in accordance with the standards for the provisions of the criminal procedure law of criminal cases can be.
The name and address, name and other evidence
What evidence is there just write what evidence, cannot provide evidence should provide obtain evidence; not sure insider is willing to testify, it can be as an insider list.
The criminal charge sheet case
The charge sheet is provided by Chongqing Baijun law firm.

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Against Geleshan town Shapingba District Chongqing city rural collaboration foundation, Shapingba District Geleshan Street House No. 38.
Legal representative: Zhang Defen, director of.
Tel: 65343546 65311849
The accused man surnamed Tang, director of the north rural cooperative fund a certain district of Chongqing city will.
The accused man Zhang, a district of Chongqing City, the source of fuel limited liability company manager.

The cause of action and the accusation purposes

The accused man suspected of fraud, request the public security organ in the case on file for investigation.

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       In July 21, 1998, accusing Geleshan town Shapingba District Chongqing city rural collaboration foundation (hereinafter referred to as the town of Geleshan Foundation) entered into a contract for loan of money and Zhang Guoshun, from the town of Geleshan foundation to Zhang Guoshun to provide loans of RMB 1300000 yuan, and the accused Zhang (son of Zhang Guoshun) in certain district of Chongqing City, its holdings Jiangbei Town Rural Cooperative Fund (hereinafter referred to as the Jiangbei Foundation) the denomination of 1300000 yuan shares single pledged as collateral. In a loan contract, the town of Geleshan fund authenticity to Jiangbei fund will verify Zhang holding single, Jiangbei foundation to Geleshan town foundation issued certificates of deposit (%) loan certificate. So, the town of Geleshan fund in accordance with the contract loan from Zhang Guoshun.
       After the expiration of the contract, Zhang Guoshun fails to repay the loan and interest payment contract. In the collection of borrowing process, Geleshan town funds will find Zhang is the pledge of a false capital was the use of. The Jiangbei Foundation Director surnamed Tang in knowing where the does not have Zhang 1300000 yuan of money paid for shares of the case to the town of Geleshan foundation issued a deposit (%) loan certificate, which directly led to the Geleshan town foundation huge loan loss.
       Zhang using false capital monoculture pledge, Tang Moumou issue false certificates of deposit (%) loan certificate, two people conspiracy to defraud the loan of 1300000 yuan to the town of Geleshan foundation, a huge amount of fraud. Therefore, according to the provisions of article fifty-ninth of criminal procedure law, to sue you, request to Zhang and Tang Moumou fraud investigation, shall be punished according to law.

The name and address, name and other evidence

Loan contract 1 1 Geleshan Zhen foundation signed with Zhang Guoshun;
2 Jiangbei foundation to Geleshan town foundation issued certificates of deposit (%) loan certificate in 1 copies.

This Induced
Chongqing City Public Security Bureau Shapingba District Branch

                           Accuser: Chongqing town of Geleshan city Shapingba District Rural Cooperative Foundation
                                                                    Legal representative: Zhang Defen
                                                                            1999 JulyDay

       Two, the criminal complaint
The criminal complaint
       The criminal private prosecution, the victim and his legal representatives or close relatives to pursue the criminal responsibility of the accused, legal documents using the lawsuit directly to the people's court. The criminal complaint for the case of private prosecution.
       Criminal cases of private prosecution refers to the criminal victims and their legal representatives or near relatives to pursue criminal responsibility of the accused, directly bring a lawsuit to the people's court cases.
       170th of the criminal procedural law stipulates, private prosecution cases include 3 categories:
       (1) to be handled the cases. It is only the victims or their legal representatives put forward accuse, the people's courts to accept cases. This kind of case is stipulated in the criminal law, there are 4 kinds: insult, libel (insult, libel, serious harm to social order and national interest except, article 246th of the criminal law first); violence of interference in the freedom of marriage case (section first criminal law; (257th) abuse case in the first paragraph 260th of the penal code); embezzlement case (article 270th of the criminal law first, 2). In addition, according to the provisions of article ninety-eighth of the criminal law, for the above tell just processing cases, if the victim because of coercion, intimidation and cannot tell, people's Procuratorate or a close relative of the victim may also tell.
       (2) the victim has evidence to prove that they are minor criminal cases. Such cases have two common characteristics, one is the victim to have evidence that the defendant committed a crime on their own, the two is the criminal acts of the defendant may be sentenced to lighter, can only be criminal detention, control, or a single penalty to 3 years in prison. According to the implementation of the criminal procedure law provisions the provisions of article fourth paragraph first and the criminal procedure law article 170th paragraph second, this kind of case 8: the case of intentional injury (injury, article 234Th of the criminal law; first) bigamy case (article 258th of the criminal law); case of abandonment (article 261st of the criminal law of nuisance free case); communication (article 252nd); housebreaking case (article 245th); production, sales of fake and shoddy goods (except in cases, serious harm to social order and national interests from 140th to 150); intellectual property rights infringement cases (except, serious harm to social order and national interests of the criminal law 213rd to 220); belongs to the criminal law fourth chapter (encroaches upon the citizen personal rights, democratic rights case), the fifth chapter (property crimes) provisions, the defendant may be sentenced to 3 years in prison for other minor criminal cases following the penalty.
       (3) the victim has evidence to prove that the infringement of their personal, property rights of the defendant's conduct should be investigated for criminal responsibility according to the law, and the public security organ or the people's Procuratorate shall not be investigated for criminal responsibility in the defendant's case. This kind of case is transformed by the cases of public prosecution to private prosecution, criminal procedure law, such provision, the objective is to solve the difficult problem of the victim.
       Cases of private prosecution by the prosecutor filed. The prosecutor is directly in their own name to the people's court shall be investigated for criminal liability for the accused man. The prosecutor general is the victim (Law of criminal procedure 170th); the victim's death or incapacity, his legal representatives, close relatives can be used as a private prosecution (Criminal Procedure Law Article eighty-eighth); the victim can't tell because of coercion, intimidation and other reasons, a close relative of the victim may serve as the private prosecution (article ninety-eighth of the criminal law.); limit the capacity of people as well as old age, illness, blind, deaf, dumb and other reasons not to tell, his legal representative, close relative to tell, legal representative, close relative is to tell people (187th interpretation of paragraph first court enforcement of the criminal procedure law).
       The private prosecutor bring a private prosecution, should be all together against the people together as a defendant charged. The implementation of the criminal procedure law of certain provisions of the provisions of article 193rd, the prosecutor knowing that there are other common offender, but only on the part of the infringer bring a private prosecution, the people's court shall accept the case, and as the prosecutor to give up on other people tell right infringement. After the announcement of the private prosecutor and judgment of the other joint infringement of people on the same facts bring a private prosecution, the people's court shall not accept. Common victim in only some people tell, the people's court shall notify the other victims to participate in the proceedings. Notify party after receiving the notice said not to participate in litigation or non appearance, is deemed to be abandoned to tell right. The first instance verdict, notify the same fact and bring a private prosecution, the people's court shall not accept the.
       The private prosecutor bring a private prosecution, shall be submitted to the people's Court of criminal private prosecution (189th interpretation of paragraph first of the court of criminal procedure law). The private prosecutor writing private prosecutor is difficult, can tell, by the personnel of a people's court to tell transcripts, read to the prosecutor, the prosecutor confirm without any error, he shall sign or affix his seal (189th interpretation of paragraph second of the court of criminal procedure law).
       Complaint should be written with a pen or brush, or print. To the people's court, should submit the original and copy of complaint. In 1 originals, copies of the defendant submitted by number.
       (two) the criminal complaint form
       The criminal complaint format adopted shall enter into force as of style instruments Criminal Court in July 1, 1581999.

The criminal complaint

       The private prosecutor

       Defendant

The cause of action and the litigation request

The facts and reasons

The name and address, name, source of other evidence

This Induced
The people's court
Remarks: this a copy of the statement of complaintCopy

     The private prosecutor
                                                                  YearsMonthDay
       Note:
The petition for prosecution for criminal cases of private prosecution, written with a pen or brush.
"Private", "the defendant" column, shall contain the name, sex, date of birthJapan, national, birthplace, culture degree, occupation or work units and positions, address etc.. The defendant's date of birth is unknown, but the age.
"The cause of action and the litigation request" column, should be made of the accused and the specific claim.
"Part of the facts and reasons of the" space is not enough, can increase the page.
Complaint number of copies shall be submitted according to the number of defendants.

       (three) the criminal private prosecution like writing
       1 first
       The first to write the contents of 3, are: document name "criminal complaint"; the private prosecutor, state your name, gender, date of birth (court of criminal procedure law interpretation 190th years first first provisions "age", below the defendant's case as well.) , ethnic, birthplace, educational level, occupation, working unit, address etc.. The prosecutor for his legal representatives or close relatives, but also indicate the reasons and the relationship and the victim can not personally tell (187th interpretation of paragraph second of the court of criminal procedure law). The defendant's name, gender, date of birth, nationality, was born, culture degree, occupation, work units and positions, address, which, for the defendant's date of birth is unknown, but the age.
       The prosecutor or the accused more than 1 people, from primary to secondary order list.
       2 text
       (1) the cause of action and the litigation request. According to the specific provisions of criminal law crime, stating the accused the defendant committed the crime, as well as to the people's court litigation request, but usually can not put forward specific kinds of punishment and the term of requirements.
       (2) the facts and reasons. Can be divided into two paragraphs written facts and reasons.
       The specific crime defendants in the first paragraph write private prosecutor accused of crimes, should be implemented in accordance with the order that cause, course and result, and pay attention to write crime time, location, the basic elements of criminal means, the plot, harmful consequences in fact. In view of the criminal private prosecution cases generally have both disputes prior, the defendant's criminal after, in the fact, can also be in accordance with the disputes in order to write.
       Write in part, in addition to the basic elements to write the facts, but also pay attention to the written proof of the crime, criminal law is cited articles related characteristics of the crime constitutes a crime, will not write facts to a running account. The common fact of private prosecution of private prosecution like writing content for some tips.
       Insult v.. Object insult crime is the personality and the right of reputation. Personality refers to a person as a subject of rights, obligations of the qualification, is the society to people's moral quality evaluation; reputation refers to people's reputation in the community. Write insulting case of complaint, should pay attention to: first, can only write the defendant has implemented by violence or other methods, openly insulting others. This insult insult that violence, forced to vilify others, such as naked victims clothes, use the dung or filling the victim; insulted, such as ridicule, abuse, insult; text, such as posters, white, comic form vilify others. Secondly, to write insulting fact is only for the particular person, the accused person boundless, abuse, no particular object street, the defendant shall not be content to present judgment of reproach, not the crime of insulting the fact. Third, insult the defendant must be disclosed, which must be third or even all the surface, or use can make most people not specific to hear, see, the victim's presence does not affect the insult, but if the defendant is only the face of the insult, but no any third party, nor by any third party is aware of, it does not constitute a crime of insult, not as an insult case facts. Fourth, article 246th of the criminal law, only "serious", it constitutes the crime of insulting, therefore, write insulting case fact, must write the defendant abominable crime means, especially serious consequences, such as the victim serious stimulation, physical and mental have been seriously destroyed or seriously affect the normal life, study, work, cause the victim's mental disorders, such as Dutch act. The fact that insult only write a general without serious circumstances of the crime, can not achieve the purpose of private prosecution.
       The libel case. Libel is fabricated and spread some fictional facts, to belittle others personality, damage the reputation of others, if the circumstances are serious behavior. The libel case fact, should pay attention to: first, the defendant concoctive dispersed to belittle the personality, damage the reputation of the victim. "Fake", is out of thin air, creating false facts; "spread", is to fabricate false facts reveal to the public, have social impact. Scattered in various ways, such as scattered in the meeting, through the radio spread, posting posters, white spread, the newspaper published an article spread etc.. Fabricating and spreading are two necessary conditions to constitute a crime, are indispensable. If the defendant spread is true but not false facts, causing the victim to personality damage, not as a libel case of facts, should be considered as an insult to write (by exposing the privacy infringement of right of reputation). Secondly, the defendant fabricated and spread false facts must be targeted to specific people (the victim), not for a specific person, or the third or the public made, from defendant spread false facts, not know the specific victims, will not be damage to the victim artificial adult case, defendant such fabrication, spreading false fact behavior does not constitute defamation, so it cannot be used as a libel complaint in writing. But, if the accused fabricated false facts, spread is not identify by name the person, but to infer by slander object is the specific person, still can form libel, can be written in the complaint.
Third, formation conditions and assault, constitutes libel and plot requirements, namely the criminal law 246th stipulation "serious", such as fake, false fact nature spread seriously, particularly despicable motive, means particularly bad, or causing serious consequences. Serious results can be public to the defendant fabrication, spread false facts for gospel truth, with special respect to the victim, leading to social evaluation of victim and reduce the mental damage, can be the victim's family to the defendant, spread false false facts to believe that, resulting in the victim's family and even rupture, also can be the victim of unit for the defendant, spread false false facts for gospel truth, causes the victim cannot continue to work normally, even losing their jobs, etc..
       The violence of interference in the freedom of marriage. The violence of interference in the freedom of marriage, refers to the use of violence to interfere in other people get married, divorced or remarried free behavior. The violence of interference in the freedom of marriage in modern society is not uncommon, often with parental violence interfere in children's freedom of marriage, children of violence has interference widowed parents marriage freedom, marital violence to interfere in each other's freedom of divorce, have divorced violence to interfere with original spouse marriage freedom, sometimes manifested as brothers and sisters, nation, paramour, base cadres of the interference with the freedom of marriage. In view of the importance of the marriage life, violence of interference in the freedom of marriage of the victim's damage is particularly serious, because the violence of interference in the freedom of marriage often occur in a relatively close relationship between internal or family crowd, in many cases the victim to obtain social sympathy, or can get social sympathy but difficult to get social help victims through litigation, access to justice the relief has become an important choice. Attention should be paid to write complaint: first, in the case of interference in the freedom of marriage complaint violence must include two aspects, one is the use of violence, two are accused of using violence to the victim and interference in the freedom of marriage. Violence, usually the defendant, cuff and kick, shameless, bundled with robbery, seizure and other methods of physical force and attack victims. If the interference only using insults, threats to sever the relationship or economic supply, without the use of violence, you should not write complaint. If the interference are acts of violence, and verbal abuse and threats, it should focus on writing violence intervention, verbal abuse and threats to the initial behavior of incidental mention or as violent interference behavior briefly write. Within the family, especially between parents and children plot not serious or not serious consequences of violence acts of interference in the freedom of marriage, in judicial practice is generally not be punished for the crime, so the violence of interference with the freedom of marriage behavior is to criminal prosecution to solve; to prosecute, such violence of interference with the freedom of marriage behavior not as a key or key facts to write. The freedom of marriage, including the freedom of marriage, divorce and remarry freely free. The victim's request to terminate the illegal cohabitation and cause other violent interference, the widowed ready to remarry and begets violence interference, the defendant use violence to force the victim and the others marriage, adultery use violence to force each other to keep in an adulterous relationship, are acts of interference in the freedom of marriage violence. Second, the violence of interference in the freedom of marriage, in article 257th of the criminal law has no provisions must have a plot to constitute a crime, but it does not mean that the defendant as long as the implementation of the acts of interference should be punished for the crime of violence. So, the prosecutor can explain the important plot and serious consequences in the complaint, such as frequency, the frequency, the duration of the use of violence, violence, hurt the consequences (including minor injuries and injuries), and violence intervention led to the victim or victims of Dutch act or attempt to Dutch act and psychosis. The private prosecution, success will be helpful.
       Abuse case. Abuse refers to the family members living together, to physical and mental torture, persecution from the physical, spiritual act. Constitute the crime of abuse, also asked the abuse behavior is regular, if the case is serious. The crime of abuse of criminal private prosecution, in fact part must write specific abuse behavior and abuse plot. Write a complaint of fact to note: first, to make clear the relationship between the victim and the defendant. The defendant and victim abuse case must be members living together in one family, both sides has a certain kinship, common life usually refers to live together, family members living have not room, still should be regarded as family members living together. This should clearly explain the fact that part at the beginning. At the same time, should also pay attention to, if the abuse and maltreatment of people just live together, and no relationship between, not to abuse case tell, such as illegal cohabitation between, between the paramour, nanny and employer and nanny and the care of children, master and apprentice between abuse, not to abuse case told. Second, we must write specific abuse behavior. Abuse behavior has two kinds, one kind is physical abuse, are usually beaten, cold and hunger, confinement, binding, a disease not to heal, forced labor; the other is mental cruelty, mainly for the insult, cursing, satire, insult personality, restriction of personal freedom, not to participate in social activities, etc.. It should be the main facts accused of abuse to write clear, and that abuse of time and location, means, process, the consequences of such fact. But be careful, not discipline methods inappropriate family disputes the fact, parents and brothers as abuse behavior to write. Third, only the facts and can not meet the requirement of abuse circumstances, can not achieve the purpose of lawsuit. In the complaint should write clearly the circumstances of the crime. Article 260th of the criminal law provisions in the first paragraph constitutes a crime of abuse must be "serious", so in the complaint in writing clearly the basic facts, should also pay attention to write clear adverse circumstances. "Vile" includes two contents: one is to write a consistent and frequent abuse behavior, namely the complaint written in the defendant's abuse fact should not just an occasional two times, the implementation of each abuse behavior also apart not too long, also is to write the crime characteristic duration long, the implementation of many times. This is one of the components of crime of abuse. The second is cruelty, abuse behavior means base motives or causes serious consequences. If the abuse behavior in general circumstances, no serious consequences, you should not write the complaint.
       Bigamy case. Bigamy refers to a spouse and marriage with others, or knowingly marries a person who has a spouse's behavior. Bigamy harm is our monogamous socialist marriage system and one party or both parties real marriage. Complaint in writing the main attention should be paid to write clear defendant bigamy fact. Bigamy defendants include two types: one is to resort to deceit means illegal for marriage registration, or without a spouse know that others have spouse and marriage registration. Two is the formation of illegal marriage as a matter of fact, though not for marriage registration, but open to couples living together formed a de facto marriage. In recent years, along with the society more and more wealthy men, "kept woman" phenomenon in the country (especially the southern part of China) has existed. Today's "package kept woman" and concubinage this feudal habits are different in form, but its essence is similar, is a violation of the socialist marriage system in China, has increasingly aroused widespread concern and dissatisfaction, at the beginning of 2000 11 submitted to the NPC Standing Committee to discuss the marriage law amendment the bill has been paid a great attention to this kind of phenomenon. Amendment reflects the negative evaluation of this ugly social phenomenon, therefore, for the proposed in bigamy criminal private prosecution case, should be "kept woman" acts as the accused facts. Amendment to the marriage law has not yet become law, can be written in the complaint "package kept woman.". Marriage experts believe, above cohabitation 6 months or the other baby even if bigamy, the complaint may bring such facts as the facts written complaint. In addition, if the defendant and the prosecutor's spouse is married or living "knowingly marries a person who has a spouse", writing a complaint should also pay attention to the fact that the defendant for "others" have a spouse is knowingly, intentionally subjective. If the defendant is due to be with the spouses of married or cohabiting, their behavior does not constitute bigamy prosecution in accordance with the law, it shall not be as the defendant, nor should focuses on the behavior of the person.
       Destroy the military marriage case. The crime of destruction of military marriage, is known to be active duty military spouses and cohabiting or married behavior. Article 259th of the criminal law the crime of destruction of military marriage, aims to protect the military marriage protection, happy and secure military family life. To destroy the military marriage crime criminal private prosecution, private prosecution shaped in part should pay attention to two, indicating the defendant destruction of military marriage is: the first, who is the spouse of an active serviceman and get married, to specify the defendant by deceptive means to the marriage registration office believe both sides without a spouse, and grant the registration of marriage the facts of the crime; second, known to be active duty military spouses and cohabiting, to specify the defendant did not perform the marriage registration procedures, but in the name of husband and wife open living together, to form a de facto marriage fact. "Cohabitation" refers to in a certain period of time to open or secret together cohabitation behavior. Usually require both sides in the name of husband and wife together cohabitation shall have a reasonable time, should not only occasionally adultery, should indicate this complaint. In addition, according to the Supreme People's court development (1985)
No. 16 document, on the long-term and active duty military spouse adultery to military marriage and family relations and caused serious damage to the consequences of behavior, also applies to the punishment. This is made to article 259th of the criminal law interpretation of the criminal law 259th stipulation, than the more stringent. According to the judicial interpretation, as long as is the spouse of an active serviceman long-term adultery (without requiring public cohabitation in the name of husband and wife), which can be punished for crimes of disrupting the military marriage. Therefore, you can only write the defendant and active duty military spouse long-term adultery facts in the complaint, it can meet the request of litigation that conditions. At the same time, should also pay attention to, if the marriage of active servicemen destroyed because the spouse of an active serviceman and hide the military marriage fact, marriage and the spouse of an active serviceman who is deceived and get married, or did not know each other's active military spouses and cohabiting or long-term adultery, cannot be regarded as damage military marriage behavior; if the wife of an active serviceman active other sexual relations (an adulterous relationship occasionally), cannot be the destruction of military marriage crime fact to write; if it is two servicemen bigamy, cohabitation or long-term occurrence of an adulterous relationship, and both spouses are not active, it should not be used this crime.
       The case of intentional injury (injury). Intentional injury refers to illegal to intentionally damage the health of others behavior. In the case of deliberate injury minor injury cases of private prosecution cases, in addition to a general requirements according to the fact of writing write causes and after, the focus should be stated in the. Intentional injury (injury) should be based on the identification of the body injured standards of article ninety-fifth of criminal law and the Justice Department, the Supreme People's court, the Supreme People's Procuratorate, the Ministry of public security promulgated April 20, 1990 "(for Trial Implementation)" shall prevail, and in part of the appraisal conclusion evidence medical proof or forensic evidence.
       Part of the facts and reasons of the second paragraph is the reason. The reason should be writing on the basis of the facts, the purpose is to prove the legality of claims. Complaint because of the accusatory instrument, reason need not detailed argument, only need to claim that the defendant's acts constitute a crime that the accused's general. This proves that generally take the syllogism structure, namely the first part of the defendant in the criminal acts as a general, refine the need to constitute a crime crime, legal basis and then refer to the specific provisions of the criminal law stipulated the crime as the conviction, the defendant's acts constitute the charges conclusion. Usually, the reason part only needs to refer to the specific provisions of the criminal law number, specific content but also can lead to the specific provisions for the constitution of crime analysis, only applicable in judicial interpretation or other legal documents on the specific provisions of the criminal law or the law of content for further explanation, it will need to refer to the judicial interpretation or other judicial section numbers or the content of the file, as the legal basis for the demonstration of the defendant's criminal.
       (3) the name and address, name and other evidence
       According to the provisions of article first of criminal law 171st, the private prosecution to the people's court, the people's court shall according to the following circumstances respectively: criminal facts are clear, there is sufficient evidence of the case, should the trial a case of private prosecution; criminal evidence is lacking, if the private prosecutor no supplementary evidence, should persuade him to withdraw his prosecution the court rejected, or. Explain the provisions of article 191st court for execution of the criminal procedure law, the people's court received 15 to decide whether to file the complaint second decision. The 192nd set, to have been placed on file, the case of private prosecution review of criminal evidence is lacking, if the private prosecutor no supplementary evidence, should persuade the private prosecutor to prosecute or reject it; the private prosecutor persuaded to withdraw the prosecution or rejected prosecution, and put forward to prove the defendant guilty evidence of new, to bring a private prosecution, the people's court shall accept. But the court execution of the criminal procedure law to explain the 186th paragraph first fourth items are clearly defined, bring a private prosecution should be to prove the defendant's criminal evidence. The 188th interpretation is not in line with the provisions of 186th as to persuade private prosecution to withdraw the prosecution or the court rejected the prosecution on the basis of. Therefore, so to speak, from the private prosecution like format requirements, seems to be in the complaint as long as write "the name and address, name and other evidence" can be, but the criminal procedure law and the courts to enforce criminal procedure law interpretation, it is not enough, should also write to the people's court to review compliance with registration requirements and does not persuade the private prosecutor to prosecute or the court rejected the prosecution evidence. Therefore, in the criminal complaint in writing, unless there is evidence of writing is just not available, otherwise should be concrete evidence to write. At the same time, also should see, the criminal litigation system is in transition, the traditional inquisitorial trial mode is gradually transformed into the type of trial, the prosecution and the defense held by the evidence to put forward in the trial, the people's court to review the case or case presents additional evidence for the private prosecutor, and not to the private prosecutor suggested as sufficient evidence the necessary conditions, so, evidence of partial complaint in need not write carefully. The way to list the list of evidence and slightly description is appropriate.
       According to the complaint format requirements, list the evidence can be divided into two parts, namely, witnesses and other evidence. "Witness" to write your name and address, "other evidence" to write the name and source. According to the above analysis, listed in the above evidence, should also be specific facts according to the actual situation of the witness and other evidence of the case of slightly description.
       According to the regulations of the court the implementation of the criminal procedure law interpretation of article fifty-second, the content of the evidence should point to the following 8 aspects: the defendant's identity; whether the alleged crimes exist; alleged behavior whether the implementation of the defendant; the defendant is innocent, behavior motivation, objective behavior; the time, place, means, consequences and other circumstances; the relationship between the defendant's liability and other co people; if the defendant's acts constitute a crime, there is no legal or discretionary heavier, lighter, mitigated punishment or exempted from punishment plot; other conviction and sentencing facts. According to the provisions of the second paragraph of the interpretation of 187th, if the victim is not the reason for the first paragraph of the interpretation of 187th told, by his legal representative, close relative to tell, prove, to tell people shall provide reasons and prove that the victim and the victim can not personally tell the relationship of so, the proof materials should also as evidence of the case on the evidence part are listed and explained. The evidence materials submitted directly to the people's court, should also list the list of evidence.
       3 tail
       The tail of the writing is relatively simple, only need to specify the name, the people's Court of appeal, the prosecutor shall affix their signatures or seals (have to tell people, to tell people should also be signed, stamped), marked with the date. Among them, a number of copies of written complaint should copy and submit evidence list.
       (four) cases of criminal private prosecution
       The criminal complaint from Southwest University of Political Science and Law "legal document writing teaching reference of the two legal instruments of new" Wen Shuli, Wei Feng, ed.. The criminal complaint by the author of this book to rewrite.

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The private prosecutor Zhang Xiaojuan, female, born 1 February 1973, Han nationality, Hunan Changsha people, 2501 factory workers in Chongqing City, Changan Chongqing Road, No. 2100.
Defendant: Shi Bencheng, male, 27 years old, Han nationality, Beijing people, 2501 factory workers in Chongqing City, Chongqing city Shi Xiaolu 100-95.

The cause of action and the litigation request

The accused guilty of libel, shall be investigated for criminal responsibility in accordance with the requirements of.

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The private prosecutor and defendant are three workers in the workshop of 2501 factory, usually there is some relation in the work, the relationship between general. In 1997 February, the defendant to woo private prosecution, private prosecution declined by. The defendant after two consecutive write and many times by the very natural behaviour wooed the private prosecutor. In order to get rid of the entanglement of defendant, private prosecutor for the defendant to talk, and tell the people: "I have a boyfriend, please do not self assertion." Who knows the defendant will bear a grudge, revenge. October 2, 1997, the defendant from the workshop director Zhao Laifu heard the prosecutor and the * * factory trade union cadres Qin x is easy to fall in love, the morning of October 6th, will be a private prosecutor personality white paste insult eye-catching in factory canteen at the entrance, lunch many crowd, caused a sensation in the whole plant. The defendant fabricated facts in white, out of thin air to the slander of private prosecution, the prosecutor said no morals, inconstant, ruthlessly cut off the relationship with the defendant, private prosecutor and also a rumor that Qin * * to establish a relationship is to cheat money, just know Qin x x days in x x Park. The relationship between the sexes, was caught by the police, be fined. This is totally unfounded fabrications.
The afternoon of June 6th, factory security personnel after investigation, quickly mastered the evidence, that white is the defendant to write post. So, the guard was severely criticized for the defendant, the defendant offered in the workshop conference to apologize to the prosecutor to apologize. That day afternoon 5 when after work, workshop director to convene the general assembly to the defendant, the defendant on a platform, attitude suddenly outrageous nonsense ", in: White says is true, absolutely reliable!" And come back to the private prosecutor shout abuse: "a whore! A whore!" The private prosecutor publicly insults, slander again, the arrogance of the arrogant, really intolerable!
The above facts, the defendant in retaliation by posting, white and workshop in the form of private prosecution 'man-made rumor, wanton insult, libel, corrupt prosecutor's reputation, to belittle the private prosecutor personality, their behavior has violated the "PRC Criminal Law" the 246th regulation, form libel. The prosecutor said, refusing to defendant courtship is exercising the rights of citizens, the justified, be without rebuke, the defendant so vindictive, take despicable means to vent personal spite, deliberately to discredit, signifying its dirty soul; the defendant on the surface to be examined at the meeting, apologize to self v. people apologize, actually borrow meeting machine, once again, in a public occasion under the private prosecutor for libel, its behavior is very bad. The defendant's conduct an insult to the private prosecutor personality, corrupt prosecutor's reputation, to the private prosecutor great stimulation in spirit, the bad influence caused irreparable in unaware of the truth of the masses. The private prosecutor special proceedings, please be the defendant of criminal responsibility according to law.

The name and address, name and other evidence

The defendant posted white 1 copies;
Factory security department investigation materials in 10 copies.

This Induced
Chongqing city Shapingba District People's court

Attached: 1 copies of the pleadings

The private prosecutor Zhang Xiaojuan
October 30, 1997

Three, the criminal supplementary civil complaint
Usage of incidental civil to criminal prosecution
The criminal supplementary civil complaint is refers to the criminal cases of private prosecution of the victim and his legal representatives or near relatives in criminal responsibility of the defendant at the same time, including the defendant, the harm to file an incidental civil action by the use of complaint.
In order to suit the convenience, the private prosecutor usually mentioned in the criminal prosecution and civil suit collateral, the use of incidental civil to criminal prosecution. But the court execution 189th interpretation of the provisions of the criminal procedure law, the prosecutor shall submit to the people's Court of criminal private prosecution; incidental civil litigation, it shall also submit the incidental civil to criminal prosecution. This rule can be understood as the victim in the criminal prosecution. At the same time or later, and then submit the incidental civil to criminal prosecution. Usage, format and method of writing the criminal complaint has been described previously.
In this way, the criminal supplementary civil complaint has two types: one is a criminal incidental civil complaint, which contains the criminal prosecution, also contains incidental civil action; two is the criminal supplementary civil complaint contains only an incidental civil action and the criminal prosecution, part of the content in a single a criminal complaint presented. The latter case and in the case of public prosecution to file an incidental civil action similarity (procuratorate criminal litigation document format, the prosecution work documents 11 - criminal incidental civil complaint).
An incidental civil action filed a person with the complaint (referred to as "the plaintiff", accused of something called civil defendant (hereinafter referred to as the "defendant"). Proceedings incidental civil action can be the object of criminal private prosecution of the defendant, juvenile defendants in criminal prosecution of the guardian, the common crime belongs to the private prosecution case has been concluded before the death of the inheritance, and other private prosecution case does not constitute a crime against the damage caused by the behavior of their own but bear civil liability of the person.
In the investigation, prosecution, pre-trial review stage, have the right to file an incidental civil action to the people's Procuratorate of the public security organ, claim for compensation, the people's Procuratorate, the public security organs have been documented, the criminal case against then incidental civil action, the people's court in the incidental civil lawsuit by mediation by a people's Procuratorate public security organs;,, both parties reach an agreement and has to pay, the victims insist to the people's court to file an incidental civil action, the people's court may accept (ninetieth interpretation of court for execution of the criminal procedure law).
To file an incidental civil action shall submit the supplementary civil action - general. Written complaint is difficult, can be an oral complaint. The judges shall on the plaintiff's request and asked in detail about the oral proceedings, and making a record, read to the plaintiff; the plaintiff confirm without any error, he shall sign or affix his seal (ninety-first interpretation of court for execution of the criminal procedure law).
Proposed the criminal incidental civil prosecution, should submit 1 copies of the original complaint, and at the same time with the same number of copies of the defendant. The criminal supplementary civil complaint should use a pen or brush writing, can also print.
Format the criminal supplementary civil prosecution
Court document style and style instruments Criminal Court are not separate criminal incidental civil complaint form. According to the characteristics of supplementary civil action in criminal proceedings, reference civil complaint format and criminal complaint form, draw up the criminal supplementary civil complaint format is as follows.

The criminal incidental civil lawsuit shape since

The private prosecutor and incidental to the complaint

The defendant and the defendant civil incidental

Incidental civil defendant

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The name and address, name and other evidence

                      This  Induced
                         The people's court
      Additional items:

The private prosecutor and incidental to the complaint
Years Month Day

Writing incidental civil to criminal private prosecution
       Two kinds of criminal incidental civil complaint because of its use of the different methods, writing methods are also different. The following are explained.
       1 contains criminal and civil two parts of criminal incidental civil complaint written
       Seventy-eighth of the criminal procedural law stipulates, incidental civil action shall be heard together with the criminal case, only in order to prevent the excessive delay in the trial of criminal cases, can in the trial of criminal cases, the same judicial organizations continue to hear the incidental civil action. Therefore, the criminal supplementary civil complaint will be criminal private prosecution and civil suit collateral Become, is consistent with the actual trial and the trial of economic principles. Taking into account the incidental civil action is caused by the defendant's criminal acts material losses (section first of seventy-seventh criminal procedure law, the general principles of the civil law) and the provisions of the 120th spiritual loss, criminal litigation and civil procedure has a close relationship with. Incidental civil litigation because of the criminal offence and produce, in addition to defendant in individual cases may not be a criminal defendant, the defendant is accused of civil incidental. The criminal and civil suit collateral includes two parts of criminal incidental civil complaint writing should pay attention to the following points:
      (1) the parties also has two kinds of litigation subject, the prosecutor and the plaintiff of the supplementary civil action, the defendant and the defendant, not criminal prosecution is only incidental civil lawsuit litigant emerges as an incidental civil defendant's identity. Writing and criminal complaint parties of project specific wording of the same.
      (2) the cause of action and the litigation request. We should write the criminal and civil two. The criminal part write private prosecutor accused the civil part, usually written damages or compensation for mental damage. The claim should be divided into two parts, the first to write requirements for which the defendant of criminal responsibility, civil compensation part was written with specific people to achieve through the plaintiff in civil procedure (court of criminal procedure law interpretation of eighty-eighth fourth, 190th first third), compensation project shall determine the specific amount and the in accordance with the provisions of the general principles of the civil law article 119th. It should be noted that, at present, our country law only the general principles of the civil law provisions of article 120th of the compensation for spiritual damages, applicable to several personal rights infringement. But in the judicial practice has the right to life, health right infringement case of compensation for moral damage, the theory also has more and more people claim, right of life, right of health damage, also applicable provisions of the general principles of the civil law article 120th. Therefore, in the criminal supplementary civil proceedings, also can consider to put the spirit damage compensate request.
      (3) the facts and reasons. As with the criminal private prosecution, the criminal supplementary civil prosecution facts and reasons like parts should be divided into two parts to write.
       In part. The fact should be divided into two levels to write. First write the defendant's criminal facts (referring to the criminal complaint written), and write for the criminal acts of the defendant to the plaintiff in civil incidental people causing the damage and economic loss. Resulting in personal and spiritual damage cases, if you have already made the criminal identification of science and technology, should be the identification of the conclusions, specify the damage and economic loss; if not criminal identification of science and technology, should be quoted in detail the medical records and medical diagnosis, to illustrate the consequences of damage and economic loss.
       The reasoning part. The reason is divided into two levels to write. Analysis of the defendant's criminal behavior, the act has constituted a crime, and refer to the specific provisions of the criminal law as a legal basis (may refer to the criminal complaint written), and then the incidental civil litigation request to prove the legal basis, to the general principles of the civil law article 119th, according to the nature of the case, and then cited consumer rights and interests protection law, road traffic accident treatment measures and other laws, and regulations.
       (4) the name and the source of the name and address, other evidence. Explain the provisions of article ninety-fourth court for execution of the criminal procedure law, civil litigation of the parties to submit their ideas, have the responsibility to provide evidence. The 190th interpretation of paragraph first of fifth also provides complaint should be written evidence. The specific wording and requirements and the same criminal private prosecution.
        Writing incidental civil complaint 2 contains only incidental civil action and does not contain the criminal part of the contents of the criminal
       This complaint is actually the private prosecution to criminal and civil standard One divides into two., leaving the incidental civil partial results. The part of the existing criminal complaint handling, the criminal supplementary civil complaint can no more criminal involved problem. But, since the part of incidental civil lawsuit and criminal part there is a source type connection, in the criminal supplementary civil complaint has not written a criminal offence.
       The correct approach is, the parties call were changed to "criminal incidental civil plaintiff" or "incidental civil plaintiff", "incidental civil to criminal defendants" or "incidental civil defendant". The direct write "damages" or "mental damage compensation"; litigation request write only the specific amount of compensation for the defendant.
       The fact should first outlines the crime the defendant, material damage and detailed description of the defendant's criminal acts caused to the plaintiff or the spirit damage results. The reason part should be written carefully, because the criminal and civil part of this paper, not in a suit, special attention should be paid to the causal relationship between criminal offence proof material damage or mental damages and the defendant's criminal incidental civil complaint.
       Evidence of the writing and the requirements and the private prosecution shape similarity.
Examples of incidental civil to criminal prosecution
       This example contains only incidental civil action part does not contain criminal private prosecution part. Chongqing Baijun law firm.

The criminal incidental civil lawsuit shape since

The criminal supplementary civil plaintiff person (hereinafter referred to as "the plaintiff") Fang Maoping, male, 43 years old, Han, the original individual transport operators, live in Jiangbei District Chongqing city workers Yuzui Town Road No. 17.
The defendant criminal incidental civil (hereinafter referred to as the "defendant") Jiang Ruilun, male, born 29 June 1962, the Han nationality, culture of junior high school, farming, Jiangbei District Po Xiang Chongqing Cun Wu Bao 1.

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The defendant to the plaintiff compensation for medical expenses, disability allowance 74154.40 yuan.

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The morning of September 13, 1997, the plaintiff drove from the fish mouth to Wubao, agricultural vehicles on the way Yang Guang driving many deliberately blocking the front way, the plaintiff repeatedly whistle signal out of the way, Yang Guangjun ignore. The two sides was a dispute. Yang Guang invited the defendant Jiang Ruilun, common assault plaintiff, among them, Jiang Ruilun with the pole had accused in the head, causing the plaintiff extradural hemorrhage, temporal bone fracture. The Chongqing Institute of forensic identification, damage degree for injuries. Chongqing forensic inspection identified disability rating of 6. The plaintiff rescue of be in hospital 16 days rest, after 3 months, take medical treatment costs 111 74.40 yuan, travel 500 yuan. The criminal acts of the defendant by the Chongqing Jiangbei District People's Procuratorate to Chongqing Jiangbei District People's court.
The plaintiff, defendant Jiang Ruilun deliberately hurt the plaintiff, should bear the criminal responsibility, should compensate the plaintiff 11174.40 Yuan medical expenses, travel 500 yuan, nursing fees 1 220 yuan, 1060 yuan fee of nutrition, delay costs 10600 yuan (including stop operating loss fee), disability allowance 49000 yuan, identification costs 600 yuan, a total of 74 154.40 yuan. (the reason should cite the legal basis prove liability and compensation on the basis of the defendant should bear -- editor's note) the people's court according to law for special decision.

The name and address, name and other evidence

1 medical bills 35;
2 travel documents in 21 copies;
Identification of bill 2;
The witness list (submitted in Jiangbei District People's Procuratorate).

This Induced
Chongqing Jiangbei District People's court
Attached to: (1) or in the other 1 copies, 1 copies to the procuratorate;
(2) the compensation cost calculation methods and results list 1.

The criminal supplementary civil plaintiff personFang Maoping
October 28, 1999

Four, criminal counterclaim
Criminal counterclaim
Criminal counterclaim shall be handled only and the victim has evidence to prove that they are minor criminal defendants or their legal representatives in the litigation process, accused the prosecution guilty of using the associated with the crime indictment. 173rd of the criminal procedural law stipulates a case of private prosecution, the defendant in the litigation process, may file a counterclaim to the private prosecutor. The provisions apply to private prosecution of counterclaim. 206th interpretation of the court of criminal procedure law specifies the counterclaim must comply with the conditions, namely: (1) the counterclaim object must be in the case of private prosecution; (2) the counterclaim content must be related to the case; (3) the counterclaim cases must be consistent with the interpretation of Article 1 (one), (two) the provisions of item. The provisions apply to private prosecution of the counterclaim shall be heard, together with the cases of private prosecution. The private prosecutor withdrawal, does not affect the counterclaim cases continue the trial.
Criminal counterclaim, may make the private prosecutor and criminal penalties, criminal penalties but cannot offset the counterclaim may be. But if the counterclaim can get the facts and legal support, in private prosecution may be successful, will help the parties to withdraw or compromise.
Proposed the criminal counterclaim in the course of the proceedings in the litigation, the original and copy of the people's court, the number of copies with the same number of counterclaim.
Criminal counterclaim format
Criminal counterclaim in court without the provisions of the criminal litigation document style, according to the characteristics of criminal counterclaim cases and refer to the criminal private prosecution like quasi criminal counterclaim format.

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The counterclaim people (the defendant person)
Counterclaim people (the prosecutor v.)

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The evidence and its source, the name and address

                  This      Induced
   The people's court
       Additional items:

                                                                         The counterclaim people
                                                               YearsMonthDay

Criminal counterclaim in writing
       Both the partial criminal counterclaim can refer to the criminal private prosecution like writing writing. Note that the text writing.
       1 counter request
       Counterclaim counterclaim counterclaim is the goal to be achieved. As already mentioned, the defendant counterclaim is a private prosecution as victims accused private prosecution person has had contact with the crime, litigation activities require the people's court shall be investigated for criminal responsibility in a private prosecutor. The lawsuit defendant counterclaim is not intended to offset the appeal, a new lawsuit crime but is associated with the action of the prosecutor's action, but because of this new procedure associated with this procedure, the law regulations in conjunction with the appeal trial. Therefore, the counterclaim request and the appeal of the appeal should be relative, sometimes also can be said to be the opposite, such as injury cases, the criminal responsibility of the prosecutor to sue for the defendant to assault, criminal counterclaim who wanted the private prosecutor bear injury crime.
       2 facts and reasons
       The fact that part of the writing is the key to pay attention to embody the characteristics of the counterclaim, counterclaim facts and the facts associated with "v.". The so-called "contact", is the institution of counterclaim and the procedure based on the same facts, or associated in the nature of the facts. As the private prosecutor prosecution is the fact that the defendant was damage to the counterclaim, counterclaim facts can be at the same time, same place, private prosecutor were also hurt the counterclaim; private prosecution is the fact that the defendant by the insult calumniatory some illegal ways, counterclaim people this fact can be counter for the same reason, the prosecutor was insulting slander of counterclaim; the private prosecutor sued the defendant for the freedom of marriage by violent means of interference, the counterclaim counterclaim can be private prosecutor so hurt on the counterclaim people.
       The fact that part of the narrative, should pay attention to and the v. factual contact, writing methods and writing methods and complaint with basic similar, namely the narration method describes both the causes of disputes, process and result, emphasis harmful behavior in the prominent private prosecution after the illegal invasion, cause unlawful infringement behavior and results the private prosecutor of the consequences.
       Part of the reason can be divided into two parts: one is the analysis of the counterclaim human behavior, illegal proof of its behavior, and leads to legal evidence that their behavior has violated the criminal law, constitute a crime; two is to be the private prosecution of counterclaim, prove its self action was improper, the conditions do not have the a case of private prosecution, and prove the counterclaim human behavior does not constitute a crime, the criminal responsibility should not bear the private prosecutor accused, or (in the counterclaim human behavior also constitutes a crime under) to justify their own behavior, rational factors describing its behavior. The reason of analysis are required to put forward the legal basis.
       3 the evidence and its source, the name and address
       This part of the contents and the same complaint with the law, as long as the evidence counterclaim people master directory.
Criminal counterclaim case
       (omitted)

The second section The case of public prosecution Civil Pleadings

   One, with the civil complaint
With the civil complaint
       Seventy-seventh the provisions of the criminal procedure law, the victim has suffered material losses as a result of the defendant's criminal act, in criminal proceedings, shall have the right to file an incidental civil action. Incidental civil litigation to mention? The court of criminal procedure law explanation is that, the people's court shall have the obligation to inform the people's Court: criminal case, it shall inform the suffered material losses of victims (citizens, legal persons and other organizations have died), a close relative of the victim, incapacity or restricted for his legal representatives, have the right to file an incidental civil action (explain the eighty-fourth paragraph first court for execution of the criminal procedure law). This is the principle of legal provisions to protect the victim's property rights and make.
       The relevant filed lawsuits problem, should pay attention to the following points:
       (1) the prosecution must comply with the conditions of prosecution. The incidental civil action of the 4 conditions, namely: the plaintiff is entitled to file an incidental civil action litigants; the defendants have clear (to all or part of the criminal defendant as defendants in incidental civil action), specific requirements have requested compensation and based on facts; the victim's loss, which is caused by the criminal acts of the defendant belongs to the people's court; the range of supplementary civil action and be subject to the jurisdiction of the people's Court (eighty-ninth interpretation of court for execution of the criminal procedure law).
       (2) to file an incidental civil action, must be caused by the defendant's criminal act the material loss not be compensated. According to the provisions of article sixtieth of the criminal law, the judicial authority in the property confiscated criminals, the criminals negative due debt, need to use the confiscated property to repay, the request of the creditors, shall be repaid. That is to say, if the defendant has the personal property, the right to file an incidental civil action before the people to file an incidental civil action, the defendant has to own property for the crime to the victim's material losses enough compensation, shall have the right to file an incidental civil action can't people for the same reason the incidental civil litigation. The compensation for the defendants, including the relatives of the accused as part of the compensation. Only when the victim according to the provisions of article sixtieth of the criminal law of compensation can not make up for the loss, it may file an incidental civil action under section (eighty-sixth interpretation of court for execution of the criminal procedure law).
       (3) have the right to file lawsuits of lawsuit time limit. According to the regulations of the court the implementation of the criminal procedure law interpretation of article ninetieth, incidental civil action shall be filed in, after the criminal cases of first instance declared mentioned before. Have the right to file an incidental civil action in the first instance by the people before the announcement did not mention, you will never be able to file an incidental civil action. This is done to file an incidental civil lawsuit time limit. If before the first declaration has the right to file an incidental civil action did not file an incidental civil action after the victim, and want to claim compensation case to the defendant, how should do? The court of criminal procedure law interpretation ninetieth proviso that stipulates a rescued method, which has the right to file an incidental civil action can take effect in the first trial after further litigation, not subject to the lawsuit time limit.
       (4) in criminal litigation, often in the investigation, prosecution, pre-trial review stage, have the right to file an incidental civil action to the people's Procuratorate of the public security organ, claim for compensation. Therefore, to explain the ninety-first courts to enforce the provisions of the criminal procedure law of the processing method, namely: the people's Procuratorate, the public security organs have been documented claims, criminal prosecution, the people's court shall, according to the incidental civil cases accepted by the people's inspection; public security organs, procuratorate of mediation, the parties to reach an agreement and has paid, the victim and adhere to the court to file an incidental civil action, the people's court may also accept. But you should know that, generally speaking, the rule is made based on the procedural rights of parties, does not mean that the incidental civil action will be supported by the people's court, so, if no other enough to show that the victim should file an incidental civil action for the victim, then best not to prosecute.
       In addition, in the case of public prosecution, if is state property, collective property suffer a loss, the loss of unit fails to a lawsuit, the people's Procuratorate, may file an incidental civil action (eighty-fifth interpretation of court for execution of the criminal procedure law). In 1996, the Supreme People's Procuratorate is provided for use in this case a claim form in the procuratorate criminal litigation document format door of technical secondary school, the name for the prosecution of criminal incidental civil.
       In addition to the victims in investigation, examination, examination prosecution stage has put in a claim for compensation is a people's Procuratorate and the public security organs, the record, file an incidental civil action shall submit the supplementary civil lawsuit in general. Written complaint is difficult, can be an oral complaint. The judges shall on the plaintiff's request and asked in detail about the oral proceedings, and making a record, read to the plaintiff; the plaintiff confirmation, shall be signed or sealed.
Incidental civil complaint form
       1 with the civil complaint form
       The incidental civil complaint format recovery shall come into force as of style instruments Criminal Court in July 1, 1591999.

AttachedBeltThe peopleThingsPlayV.Like

Plaintiff of the supplementary civil action
Defendant

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The name and address, name, source of other evidence

This Induced
The people's court
Remarks: this a copy of the statement of complaintCopy

Plaintiff of the supplementary civil action
YearsMonthDay
Note:
The petition for the plaintiff of the supplementary civil action, with a pen or brush writing.
"The plaintiff of the supplementary civil action" and "incidental" defendants in civil field, shall state the name, gender, date of birth, nationality, was born, culture degree, occupation or work units and positions, address etc.. The defendant's date of birth is unknown, but the age.
"Claim" column, should include the request of litigation matters of specific.
"Part of the facts and reasons of the" space is not enough, can increase the page.
A copy of the indictment copies shall be submitted according to the number of defendants.

2 criminal incidental civil complaint form
This format is collected from the review of the procuratorate criminal litigation document format of prosecution work documents 11.

The criminal incidental civil actions

Plaintiff: * * * People's Procuratorate (the Institute)
Location: (the address)
Representative: (name) Duties: (the school inspector)
Defendant. (if a natural person, stating the name, gender, date of birth or age, nationality, native place, occupation or work units and positions, address. If a unit, legal person, what unit name, legal representative, address)
The claim......
The facts and reasons......
Evidence......
(including name, source of evidence, witness name, address)

This Induced
* * * the people's court
Remarks: this a copy of the statement of complaint Copy

                                  The prosecution (the Institute)
                                      Years  Month  Day
Note: This article is in accordance with the provisions of article second of criminal law seventy-seventh, the people's Procuratorate to the people's court in criminal incidental civil use. Making copies: General 6, every increase a defendant and attorney increased 2, the relevant units 1  Service scope: the people's court in 2 copies, 1 copies each of the defendant, the defender, the relevant units 1  Volume: the volume of 1 copies, 1 copies of the involution  Department: the prosecution office (section)

Incidental civil complaint in writing
       With the civil complaint because although the user is different in two formats, but the two form a usage and purpose basically the same. The same point is: (1) are applicable to the case of public prosecution; (2) in the criminal act of using supplementary civil indictment before a people's Procuratorate indictment charges the defendants; (3) the purpose is to make due to the defendant's criminal acts of material damage. Therefore, the writing method of incidental civil complaint two format is identical.
       Incidental civil complaint header and tail can according to the format requested that all items. Need to pay attention to is the content of the three on litigation request, the facts and reasons and evidence.
       (1) the parties
      With the determination of civil plaintiff in incidental civil lawsuit according to the basis is easier to determine, there are 4 types: the victim, which is caused by the defendant's criminal acts suffered material losses, including citizens, legal persons or other organizations; if the victim dies, the successor and the other shall enjoy the right to claim compensation.; incompetence or limited capacity his legal representatives; the people's procuratorate. Plaintiff of the supplementary civil action projects according to the format required to write.
       With determining the defendants to note is that, although the incidental civil action belongs to the criminal litigation, but bears the liability is not limited to the criminal defendant, namely common crime in many cases, there may be some people because of not being prosecuted but cannot become a criminal defendant, this does not means that the civil responsibility also destroy. The following parties liable liability can be listed as the defendant: the criminal defendant; the criminal defendants behavior legally liable for compensation, such as in criminal defendants to minors under the age of 18 or mental patient's case, the guardian can be classified as a defendant; the other shall be outside the criminal defendant liable for the common people, the other person is not in prosecution in criminal proceedings. Defendant project according to the format required to write.
       (2) the claim
       Thirty-sixth of the criminal law of first is the incidental civil lawsuit request entity legal basis. This stipulation: "where the victim has suffered economic losses as a result of a criminal act, the criminal in addition to give criminal sanction according to law, be sentenced to compensation for economic loss according to the situation." The possibility to obtain judicial relief in the victim, the law also gave special attention. Article thirty-sixth of the criminal law provisions in the second paragraph: "the criminals bear civil liability for compensation, and was sentenced to a fine, and its assets are not sufficient to pay off, or be sentenced to confiscation of property, should bear the liability for civil compensation to the victim." Seventy-seventh law of criminal procedure are incidental civil lawsuit request the procedure legal basis. According to the law, plaintiffs of the supplementary civil action requests the defendant compensation loss has explicit scope, namely the crime and the victim has suffered economic losses (Criminal Law), or loss of material (the interpretation rules of criminal procedure law and the court execution of criminal procedure law set), not including the spirit damage. The economic losses have occurred, should include economic loss, including future inevitable economic loss, the direct economic loss, but the possible future economic loss or the expected loss of economic interests is not one of them. For example, personal injury compensation, claim should include medical treatment fees, expenses, transportation costs, delay costs, care, disability assistance fees, medical fees, continued victim should bear alimony, custody fees. In judicial practice, nutritional costs is considered a reasonable fee, but the fee is not easy to determine, is usually incorporated into the spirit of the solatium or directly to the spirit of the solatium name. But the spirit of the solatium has the nature of compensation for mental damage is obvious, and the scope of compensation in criminal law and criminal procedure law are not exact basis. As a widely known and obtain considerable social recognition of the compensation project, included in the incidental civil lawsuit plaintiff civil procedure proposed is understandable. In addition, the claim for writing requirements and civil prosecution claim writing requirements are consistent. The defendant when more than one person, claim should require defendant shall bear joint and several liability.
       (3) the facts and reasons
       Writing structure and civil complaint facts and reason on the part of the same facts and reasons, incidental civil complaint parts in the structure is divided into two parts, first write the facts of the case, after writing the reasons for requesting the litigation evidence.
       In part writing has its particularity. In the supplementary civil action in criminal proceedings, the criminal responsibility of the accused held by the people's Procuratorate, plaintiffs of the supplementary civil action only incidental civil tort part defendants of claims, including the people's Procuratorate as the plaintiff of the supplementary civil action to file an incidental civil action and so. Normally, in this case, the fact of incidental civil complaint would only need to write civil tort acts of the defendant, tort and tort occurred results, without the need to write the criminal acts of the defendant. But the incidental civil action has its particularity, although the defendant's criminal facts in the people's Procuratorate indictment charges the facts presented as criminal facts, but still can not appear in the incidental civil lawsuit, because the criminal facts of a crime is the premise of incidental civil litigation, the link between the two in the law is very close this is like; although the main content of civil tort results of criminal defendant is not a people's Procuratorate criminal charges, but can be used as a discretionary sentencing written complaint. At the same time, the need to pay attention to is, in criminal and civil cases, criminal acts of the defendant, in fact it is incidental civil infringement defendants, but the personal injury tort criminal offence plot or caused to the victim and the defendant and the behavior to the victim's material loss, a decisive role of different properties to the case. Therefore, criminal crime fact part of incidental civil complaint still should the defendant, the defendant criminal behavior in writing (in fact it is the implementation of civil tort) start, process and results. The fact that the writing, because the indictment charges earlier, can write according to the indictment charges the facts, and to focus on the consequences of the writing, and no matter what kind of consequences, finally comes down to the economic loss. If the defendant that the plaintiff's criminal facts and the people's Procuratorate indictment that the facts of a crime are not consistent, incidental civil indictment the fact of writing requires a concrete analysis of concrete conditions. If the defendant accused that the plaintiff's criminal facts and the people's Procuratorate indictment that crime fact no entry in the basic content, but the details are different, then the plaintiff in incidental civil complaint in writing that it is best not to reflect this difference, because that this difference was not what help for the plaintiff's the request, but to the plaintiff of the supplementary civil action brought the burden of the new. If the defendant the plaintiff of the supplementary civil action as the facts of the crime and the people's Procuratorate indictment that crimes have fundamental differences, such as the effect of discrepancies in qualitative, sentencing and the civil liability of the case, the plaintiff of the supplementary civil action on one hand should be different understanding on the case to the people's Procuratorate reflect, request the people's Procuratorate to investigate or provide enough to make the plaintiff of the supplementary civil action evidence of a change, will recognize the facts of the case as the facts written incidental civil prosecution, and provide proof of this fact is indeed sufficient evidence. The people's Procuratorate criminal incidental civil lawsuit can be used as an exception of incidental civil prosecution not proposed by the parties in writing, that part of the method is simple, can be all but slightly briefly the fact the indictment of all moved into the criminal supplementary civil lawsuit, and the material damage caused by crime acts of the defendant to the victim of the document as in some key contents as the extension of the consequences of the defendant guilty of crime fact of nature. This is mainly because the people's Procuratorate prosecution, there is no difference in the facts of the case.
       The reason of writing with the civil complaint has something in common with the civil complaint, also should be the nature of civil tort defendant by analysis that, due to the criminal defendant to the plaintiff of the supplementary civil action caused economic losses are summed up, still be proved the liability of the defendant in the law. Note that the following aspects: first, the reason should be part of the causal relationship between criminal liability of defendants collateral damage results and the defendant to prove, this is basis for the defendant shall bear the responsibility for compensation; second, plaintiffs of the supplementary civil action the need for incidental civil lawsuit requests the defendant shall bear the responsibility for compensation to be proved; third, if more than one person tort civil, not detailed division of each tortfeasor shall assume the liability of size, but should require the joint tortfeasors shall bear joint and several liability. In the legal basis, should not only refer to section first (thirty-sixth of the criminal law basis of substantive law), seventy-seventh criminal procedure law article first, paragraph 2 (procedure law), and the general principles of the civil law provisions (substantive basis).
       (4) the evidence
       Supplementary civil action in essence, belongs to the civil litigation, civil litigation of burden of proof for the general principles, namely "who advocate who burden" principle. Therefore, in writing the reasons part, incidental civil prosecution should be written on the evidence part, method shall be used to catalogue, which requires only evidence name and source of evidence, witness name and address, without the need for specific content written evidence, does not need to carry on the analysis of evidence, and, as the plaintiffs of the supplementary civil action is not the purpose of criminal responsibility of the defendant, the claim is only part of the civil compensation, so you only need to enumerate the civil damages evidence to prove it. The criminal facts of a crime are not needed to be proved in the incidental civil lawsuit.
       (four) examples of incidental civil complaint
       (omitted)

   Two, Incidental Civil Pleadings
Incidental civil pleading
       Incidental civil pleading usage is not stipulated in criminal procedure law, the court execution of the criminal procedure law interpretation is also no mention of incidental civil pleading problem. The nature of incidental civil action is civil action, the provisions of the Civil Procedure Law shall apply. The civil procedure law provisions of article 113rd of the right of reply the defendant. Right to defense is the basic civil litigation rights, not because of cases of civil or criminal cases and change, not because the defendant is called "the defendant" or "incidental" the civil and change. The defendant has the right to civil plaintiff (citizen, legal person or other organization in the supplementary civil action in criminal proceedings is called "the plaintiff of the supplementary civil action", referred to as "the plaintiff") after the proceedings of defense, to the court itself on facts and evidence of the case, application of law, responsibility, processing methods. Advice. The provisions of the civil procedure law article 113rd is completely applicable to the criminal supplementary civil action. Therefore, incidental civil litigation defendants have the right to receive people's Court of incidental civil complaint made within 15 days after the reply; if the defendant within the statutory time limit does not submit a statement of defence, should be deemed a waiver of their litigation rights, the people's court does not affect the trial of cases. Defendant presents the reply within the statutory time limit, the people's court shall within 5 days will reply to send copies of plaintiff of the supplementary civil action in the date of the receipt.
     As with civil defense, although the law does not require the Respondent must be incidental civil written pleadings, but due to the written legal documents than verbal specific more practical action, defendant or it should be possible to write the written pleadings. If the defendant cannot write civil, can hire a lawyer scrivener, or by the agent ad litem draft, both parties sign.
Incidental civil pleading format
       There is no separate listing of incidental civil pleading or criminal incidental civil pleading format in style instruments Criminal Court and procuratorate criminal litigation document format. Referring now to civil pleading, incidental civil lawsuit and criminal incidental civil complaint format and content, formulate format incidental civil pleadings are as follows (including applied to the people's Procuratorate criminal incidental civil complaint reply reply format).

Incidental Civil Pleadings

       Incidental civil defense
       Because of    A case, put forward to rejoin:


                  This      Induced
   The people's court
Attached: the pleadings copy Copy

The respondent
YearsMonthDay

Incidental civil pleading way
       From the incidental civil pleading format can be seen, incidental civil pleading writing is the main defence of writing, the writing methods and civil pleading similar, just need to reflect the special nature of incidental civil action. On the defense needs to solve the problem, is the response with the plaintiff civil compensation lawsuit; on defense for the object, is a response to plaintiff of the supplementary civil action evidence, the facts, reasons and request. As mentioned before, the crime behavior of plaintiff of the supplementary civil action in the indictment the fact including the defendant (also a tort) and consequences (including civil tort consequences). According to the usual way, pleading should according to the indictment to excuse, to refute or make a new statement, but the incidental civil litigation pleading writing goal is just to solve the problem of civil compensation, and should not be involved in crime, therefore, pleading in general should not be executed. The facts of the crime of the respondent, and should be the main on the civil tort and the tort results answer.
       When the respondent, the respondent reasons should focus on the following problems:
       (1) determination and classification of the civil liability for tort. If the defendant is only one, and the implementation of criminal crime criminal part relates to the only defendant one, cognizance of tort liability is relatively simple, there is no partition problem; if the criminal procedure involves the criminal defendant more than one person, or the defendant more than one person, that the civil liability of each defendant civil liability and divided each defendant should bear the size should be the main content of pleadings. Generally speaking, the civil liability is prosecuted as a criminal act of people more than non prosecution of violations of civil liability is greater than an accessory; as civil liability of defendants were prosecuted by the principal, the civil liability of accessory is greater than the coerced offender.
       (2) the scope of the civil compensation. The scope of civil compensation is another focus of incidental civil action. The people always want the compensation scope enlarged as much as possible, the defendant wants compensation scope is reduced as much as possible, both sides on this issue there are contradictions. The respondent, try to find a legal basis, compensation will be narrowed down to a minimum value allowed by law, is a important issues like the. This requires the compensation scope of the plaintiff's detailed analysis, to eliminate illegal, unreasonable project, protect the legitimate interests of the respondent.
       (3) compensation ability. The respondent has the ability to make a full compensation for the plaintiff case, the respondent should not be too care about the amount of compensation. In fact, if the respondent in the compensation problem as far as possible to meet the requirements, the people's Court of criminal litigation process will be more favorable to the defendant. However, if the respondent has no compensation ability, should be made by the corresponding civil liability bear civil liability commitment, seek truth from facts that limited compensation ability. If the plaintiff of the supplementary civil action brought in before, the defendant had done their best to make restitution in accordance with the relevant provisions of the criminal law on the victim, but still can not compensate for the victim's loss, the respondent may have the greatest ability to compensate for the rest of the exemptions from the requirements of the respondent liability. Although from a legal perspective, the defence of the respondent may not be recognized by the court, but can be required to execute the program in the decision later in the suspension of execution or the termination of the implementation of foreshadowing.
       Defence elaborated after, the respondent can publish on the plaintiff litigation request attitude: admit, say, does not recognize or admit but the prosecution dismissed the request.
Examples of Incidental Civil Pleadings
       (omitted)

Criminal appeal and defense instrument

       A criminal complaint
       (a) criminal indictment
       The criminal complaint is, a defendant in a criminal case of private prosecution and their legal representatives, or a local people's Court of first instance judgment, ruling, or the defense of the accused person and nearly new genus, in the agreed by the defendant, to the legal documents on the level of the people's Court of appeal by the use of.
       The first paragraph of article 180th of criminal procedural law of the defendant, private prosecutor and defender of their legal representative and the defendant and the close relatives of the right of appeal. The third paragraph of this article and emphasizes, the defendant shall not be deprived of the right of appeal, with any excuses.
       Local people's courts at all levels in the announcement of the first instance, ruling on the appeal of the obligation to inform. According to the 232nd interpretation of court for execution of the criminal procedure law, local people's courts at all levels in the announcement of the first judgment, ruling, should clearly inform the defendant, private prosecutor and his legal representative, if not a judgment or ruling, have the right within the legal time limit in written or oral form to appeal to a higher people's court the defense of the accused person; and near relatives, within the statutory time limit agreed by the defendant, but also can appeal. The statutory time limit appeals in the criminal law article 183rd provisions, namely the appeal against a decision for a period of 10 days, appeal against decisions for a period of 5 days from receiving the written judgment, order, the second day run. 235th interpretation of the court of criminal procedure law has provisions. In judicial practice, the judge in the pronouncement of a judgment, ruling, usually to ask the parties to appeal, the parties responded not specific meaning, namely if the parties when the answer is "yes", then can also be changed to "no"; when the answer "no", after also has the right to appeal, as long as not exceeding the prescribed time limit. Explain the 232nd paragraph second court for execution of the criminal procedure law, the defendant, private prosecutor and their law agent whether to appeal, appeal to them before the expiration of the last intention prevail.
       The appellant appeals, the general should be original and copy of the appeal, the appellant appeal only for writing is difficult, can oral appeal, the people's Court of first instance according to the reason and the request of making a record, by the appellant to read or read out to them, the appeal shall affix his signature or seal. From the perspective of judicial practice, the appellant appeal, appeal to submit its more favorable.
The criminal complaint form
       Criminal appeal format adopted shall enter into force as of style instruments Criminal Court in July 1, 1601999.

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Appellant

Appellant In one case YearsMonthDate received The people's court YearsMonthDay ( ) No. Number of criminal Now, due to dissatisfaction with the Appeal.

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This Induced
The people's court
Remarks: This is a copy of the statement of complaint Copy

Appellant
YearsMonthDay
Note:
The appeal for the criminal defendant, private prosecutor, the party in an incidental civil action and the legal representative of a criminal judgment of first instance, ruling appeal, with a pen or brush writing.
"The appellant" column, should specify the name, gender, date of birth, nationality, was born, culture degree, occupation or work units and positions, address etc..
"Appeal" part of the space is not enough, can increase the page.

The criminal complaint written
       Criminal complaint and last part, in the format has been clearly defined, say no more. The criminal complaint in writing is the main part of writing.
       The 1 case and appeal reason
       This format is used in style of writing, in accordance with the format requirements of the project and write.
       2 appeal
       The appeal is the appellant by appeal to achieve the purpose of. Should write more specific, not too general. The appeal should be demonstrated in part of the grounds of appeal the following can.
       The 3 grounds of appeal
       The reason is the most important part of the criminal complaint. In addition to the trial the defendant was sentenced to death, and the defendant is commit the most heinous crimes, crimes can not be an appeal, but is the extension of time, can not insist on the reason for writing, the specific content should be criminal complaint reason, can explain the first instance judgment error to some extent. Usually, the criminal appeal reason should be from the following several aspects to write:
       (1) the facts. Look at the facts are true or not, whether there is evidence. If there is no evidence that against the appellant facts, or to have evidence to prove that the appellant in the interest of not identified, leading to the facts wrong, can be used as the grounds of appeal. Note that, if in fact the existence of the problem belongs to the side, do not belong to the trunk, which in fact finding problems even really exist, is not enough to affect the qualitative case and sentencing, so, such problems should not be used as grounds on v..
       (2) evidence. Pay attention to two points, one is to look at the fact that whether the use of evidence, the evidence legality of the source, can constitute evidence between the chains; the two is to see whether or not properly determine the burden of proof of the parties. At present, the people's court is the trial way reform, considering the grounds of appeal from the evidence, can be combined with the reform of trial court to talk about, as long as the people's court has no legal basis in evidence, cross examination, authentication, or no sequence according to legal process, and therefore admissible evidence is not conducive to the appellant of, can be used as the grounds of appeal.
       (3) the application of law. There are errors in law application, usually because the facts are wrong, but may also be erroneous law application simple, namely the facts, evidence is correct, but in the qualitative, quantitative analysis on the behaviors of the parties when the error occurs, resulting in the wrong application of law. On the legal application of the new changes, should pay attention to the provisions of the criminal law, the judicial interpretation should also pay attention to the Supreme People's court, the Supreme People's Procuratorate of the criminal law. Simply citing law provisions without more in-depth analysis, to produce convincing.
       (4) proceedings. The heavy entity light procedure, is China's judicial practices. Generally speaking, the judicial organs for illegal procedure, and not very much, even now stressing the procedural justice, procedural violations so as not to cause serious consequences, actual does not affect the legal rights of parties, the judiciary will not pay attention to. Therefore, to appeal to the procedural issues, unless it is illegal procedure violated legal rights of the parties, generally do not need to put forward as the grounds of appeal. Sometimes, even the Judiciary Act with no legal basis, appealed, and there is no practical significance. For example, the court of first instance in the trial of cases submitted to the court of the second instance will be instructed, the court of second instance verdict according to the instruction and. This approach can't find any according to law, the change is the second instance as the final is a final trial, deprived of the right of appeal, but at present this as grounds of appeal put forward, there is no practical significance, because in the court of first instance cases make indication is to accept the court of second instance the appellant appeals, sometimes even trial judge is directed to the court of first instance shall submit the case of people. So, unless the evidence is conclusive illegal procedure, serious consequences and influence the outcome of the case, the grounds of appeal does not need to consider the problem of program.
       On the grounds of appeal in writing, to pay special attention to the reason, namely the grounds of appeal should be according to the existing problems in the original judgment paper.
       The problem considering the litigation of differ in thousands of ways, the appellant purpose and psychological activity also each are not identical, only writing method of the grounds of appeal as a general method of writing about, not lump together.
The criminal appeal case
       The cases selected from "contemporary legal writing", edited by Zhao Longxiang, Shaanxi Normal University press, 1998 September first edition.

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The appellant hu * *, male, 32 years old, Han, * * * County, school culture, before catching Department * * * County Rural Agricultural Technology Extension Station, live in * * * * * * * * County Township village. Now detained in the X county detention center.
By selling fake and inferior products a case against the appellant, county people's court in 1996 * * month * date (1996) × punishment at the beginning of the word no. XX criminal judgment. Now appeal.

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Request the court of second instance shall revoke * County People's Court (1996) × punishment at the beginning of the word no. XX criminal judgment, that the appellant hu * *.

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The facts are wrong.
The original judgment "anti 79" hybrid rice without any evidence, is inconsistent with the facts.
1 judgment to * * Kasetsart University Professor Ding Lu, personal opinion that "anti 79" hybrid rice, without any words, documents, and have no legal effect. The appellant verdict since that "anti 79" hybrid rice, it must have related text, documents. This * * Kasetsart University, Professor Ding Lu in x x x x x x months admitted that "anti 79" is the conventional rice, instead of hybrid rice.
       2 judgment to * * Kasetsart University, Professor Ding Lu is "breeding human anti and 79" and has a patent, it is "anti 79" hybrid rice. The appellant's counsel by the patent administrative organ out of the invention of the patent application prospectus. On the instructions, the Department Chinese rice research has confirmed that the patent and "anti 79" independent. Moreover, * * Kasetsart University, Professor Ding Lu also acknowledged the patent and "anti 79" independent. Since the patent of "anti 79" independent, so the judgment that "anti 79" hybrid rice for more could not be established.
       3 Chinese Rice Research Institute of Kasetsart University "varieties of * * * petition" is analyzed and identified, think "anti 79" is not a three line hybrid rice, but the use of intermediate resistant Taichung native 1 and DV85 (high resistance to bacterial blight) was bred excellent indica conventional rice, l..
       Practice has proved that the "4 anti 79" is the traditional rice (omitted).
       To sum up, "anti 79" is a conventional rice, continuous cropping. Therefore, the judgment that the appellant to conventional rice as "anti 79" excellent hybrid rice, sales to * County The Seed Company sales and shoddy products constitute a crime is wrong, do not accord with the facts.
       (two) the judgment of the first instance found appeal guilty of selling fake or substandard products, the evidence is not established.
       1 with regard to the case of the appraisal conclusion. First of all, the identification procedure is not legitimate, no qualification identification. (1) the judgments in the so-called identification does not accord with the judicial identification procedures; (2) * * Kasetsart University Lu, Ding is a "breeding human anti and 79", has admitted that "anti 79" is that of conventional rice, interested, Lu Ding with the case, and therefore can not be used as identification (; 3) it was identified with "anti 79" invention patent status, it has been confirmed that the patent and "anti 79" independent, therefore, the substantive content qualification identification and appraisal conclusion has the question. Secondly, identified are involved in 1018 and 1046 the provenance is unclear, field planting were unilaterally by X county The Seed Company, have no legal effect. Thirdly, the appraisal conclusion Lu, Professor Ding just field planting situation explained, involved in the specification and the "anti 79" no relationship. So the sentence identification called the book, can not be used as the basis for a final decision.
       2 on the plot test record.
       (1) the plot test records from * County The Seed Company unilateral, source unknown;
       (2) trials did not specifically test record.
       According to the improved transportation system, seed business there is a dispute between the parties, should be common sampling verification, and so the results shall prevail. Therefore, X county The Seed Company unilateral conduct field trials, do not comply with the relevant provisions of policy and law, the experimental conclusion has no legal effect. Since both the purchase and sale of seeds, seed allocation according to the provisions made sealed samples, so after a dispute, should be the main basis to both seal samples as identification, test, trial. But after a dispute, the appellant from 1995 September to present multiple sealed sample inspection, but * County judicial authority has not done, but that sealed sample do inspection, does not affect the case. The appellant to seal the samples for identification is the main basis for identifying the authenticity of the seed. Now X county court do not seal up the sample identification, finds that the appellant the sale of fake and shoddy products, the lack of necessary scientific basis.
       (3) on the business license, purchase and sales contract, only that the legitimate purchase relationship exists between the appellant and the X county The Seed Company, not proven sales and shoddy products problem.
       In summary, the appellant and the X county The Seed Company purchase seed process legitimate, complete formalities, is a normal economic contract relationship, does not exist in conventional rice as "anti 79" hybrid rice, * County People's court to appeal the guilty evidence can not be established, the appellant's behavior does not constitute the sale of fake and shoddy products sin.
       (three) the judicial activities of X county people's Court of serious violations.
       * County People's court in this case is the case returned after the court, procuratorate for supplementary investigation. When the procuratorate for supplementary investigation is completed after transferred to the court, the court in the absence of the trial case directly made a verdict. The people believe that this behavior X county court seriously violated the right of action, the judgment shall be invalid decision.
       Therefore, the appeal to you, ask you to hospital of ascertaining the facts, correct mistakes, declared the appellant innocence, in order to safeguard the legitimate rights and interests of the people, to ensure the correct implementation of law.

           This      Induced
* * District intermediate people's court

The appellant: hu * *
1996 April * *
Attached: 1 copies of the appeal.

       Two, the criminal supplementary civil petition
Usage of criminal incidental civil petition
       The criminal supplementary civil petition is the defendant, the criminal supplementary civil action in cases of private prosecution and their legal representatives, or a local people's Court of first instance judgment, ruling, or the defense of the accused person and close relatives, in the agreed by the defendant, to use legal document level people's court appeal the.
       Specifically, what criminal attached civil appeals for criminal incidental civil lawsuits and criminal incidental civil lawsuit. 180th the provisions of the second paragraph of the criminal procedure law, the party in an incidental civil action and their legal representatives may be of a local people's court, the first instance judgment, ruling in the part of incidental civil lawsuit, filed an appeal. The supplementary civil action in criminal prosecution, the defendant can also proposed the criminal incidental civil part of the appeal. The parties appeal, should use the criminal supplementary civil petition.
       From the criminal indictment usage can be seen, with the defendant criminal prosecution in civil proceedings if not only the criminal judgement, the appeal should use criminal complaint; if it is on the part of incidental civil lawsuit, the criminal part and incidental civil part judgment are not satisfied with, the criminal supplementary civil petition; criminal private prosecution with the private prosecutor and the defendant in civil proceedings for criminal appeal, the use of criminal suit, the criminal, criminal and civil part of the appeal, the use of criminal civil incidental appeal. If the parties to the incidental civil action part of the decision to appeal, the instrument can also be called "incidental civil lawsuit".
       The appeal should be in the second day of receiving the written judgment has received a ruling within 10 days, 5 days through the people's Court of appeals of criminal incidental civil, submitted to the people's Court of appeal, the people's court shall within 3 days will appeal together with the case file transfer, evidence of a higher people's court, at the same time, a copy of the appeal petition to the people's Procuratorate at the same level and to the other party. The criminal supplementary civil people appeal directly to the people's Court of second instance shall submit the petition, the people's Court of second instance shall within 3 days of the petition of appeal to the people's court to the people's Procuratorate at the same level and to the other party (Law of criminal procedure 184th). Therefore, to gain time, criminal civil incidental appeal should be submitted to the people's Court of appeal.
       Also to note, "program in the Standing Committee of the National People's Congress on the severe punishment of criminals who seriously endanger public security" in the decision, on some serious harm public security and was sentenced to death and the appeal period made special provisions. The trial of criminal cases according to provisions prescribed procedures, in accordance with the provisions of the Standing Committee of the NPC, murder, rape, robbery, explosion and other serious harm public security, criminal sentenced to death penalty appeals for a period of 3. But in the case of joint crime, if only part of the defendant belongs to the case, the case all the defendants (including the defendant has been sentenced to death penalty appeal) for a period of 10 days.
Format the criminal supplementary civil petition
       The court has no criminal litigation document style in the specific provisions of criminal incidental civil appeal format. Now consider the criminal supplementary civil appeals, referring to the criminal appeal format to criminal civil incidental appeal following format, for reference. If the title only writing "incidental civil petition", the parties should be changed correspondingly "incidental civil appeal", "incidental civil respondent".

The criminal incidental civil appeal

       The criminal supplementary civil (the appellant   Of people)
       Appellee (criminal incidental civil trial    Of people)
       The trial People

Appellant In one case YearsMonthDate received The people's court YearsMonthDay ( ) No. Number of criminal incidental civil Now, due to dissatisfaction with the , appeal.

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This Induced
The people's court
Remarks: This is a copy of the statement of complaint Copy

Appellant
YearsMonthDay

Writing the criminal supplementary civil petition
       The criminal supplementary civil petition of writing, the same with the criminal appeal place, there are different and the criminal appeal.
       The 1 parties
       Criminal civil incidental appeal listed the criminal appeal to more than. If it is the case of civil suit collateral to criminal prosecution, the defendants of incidental civil action and judge of appeal, the parties listed in part except the appellant (i.e. the defendant of the original instance), should also list the incidental civil plaintiff who is in a case of private prosecution; if the criminal supplementary civil action case, the prosecutor or the accused with a civil suit against the criminal and judge of appeal, the parties listed in part except the appellant (i.e. the private prosecutor or the accused), should also list the appellee. There are cases in which the prosecutor or the accused, but also can be classified as "the private prosecutor (or the defendant)".
       The 2 appeal to reason
      Writing is similar with the criminal appeal, this section presents the cause can be the main reason for the appeal against the judgment and the.
       3 appeal
       The appeal according to the appellant request. Can only write to the civil part of the request, also can have the criminal part of the request, also has the incidental civil part of the request. The appeal, usually writing requirements changed, or revocation.
       The 4 grounds of appeal
       The grounds of appeal to write according to the appeal. From the analysis of document structure and the instrument function, the appeal is the conclusion part of documents, also is the point of view, on the grounds of appeal is the viewpoints and conclusions of evidence, and put forward the argument in the grounds of appeal part. The grounds of appeal writing purpose is to prove that the appeal, in turn, have appeal, must appeal accordingly, regardless of appeal is about the criminal part or incidental civil part. If the appeal involves only incidental civil part, it means that the criminal part of the judgment of the first instance court no objection, appeal to reason also is not required to the criminal part of the referees were analyzed, and only in the premise that the criminal part of judgment, analysis the legitimacy, rationality of incidental civil part of the referee, to prove that the appeal. If the appellant has proposed the criminal appeal, also put forward the civil appeal, the appeal for part of the writing must be from the criminal and attached to explain the reasons from two aspects of the civil. In the latter case, the criminal part of the grounds of appeal is the main reason, incidental appeal civil part is attached. Can not prove that the criminal part of the error, usually can not prove that incidental civil part of the error. In the writing order, also want to reflect this relationship, the first part of the proof in criminal appeal appeal should be, that part of the reason the civil incidental appeal to the judge; criminal facts, evidence, law and the results were analyzed, and the negative one mistake, and then based on the original judgment with the facts of the civil part of the (damage), the use of evidence, the legal application and the results were analyzed, and the negative one wrong part, finally proved the appeal. The specific wording can refer to criminal complaint written.
Examples of criminal incidental civil petition
       The criminal civil incidental appeal system Chongqing Baijun law firm lawyers Wei Feng suozhuan.

The criminal incidental civil appeal

The appellant Yang on 1 January 1983, male, Han, Anyue County, Sichuan Province, Chongqing XX automobile limited liability company middle school student, live in a village a certain area and the city.
Legal representative Yang, male, 44 years old, line the appellant of Yang's father.
The appellant case of intentional injuries, Chongqing XX District People's court in August 11, 1998 to (1998) an early penalty criminal No. 127th incidental civil judgment: a verdict, the defendant Yang committed the crime of intentional injury, relieve and sentenced to 2 years; two, compensation for the plaintiff of the supplementary civil action field medical fees the economic loss of 27500 yuan. The appellant dissatisfied with this decision, now appeal.

On theV.PleaseO

A, requested the court of the second instance for appellant to probation penalty;
The effectiveness of the two, requested the court of the second instance confirmation and agreement of the parties.

On theV.ScienceBy

In September 28, 1997, the appellant in the rest of this case the defendant's invitation and stirred up, in the city of Chongqing in Yubei District middle school students in certain schools and Tian Mou stab. At that time, the 14 year old, see other people in the field, not others persuaded, stepped forward to help "busy", causing serious consequences, it is young and ignorant. In this regard, the appellant too late to regret. After the accident, the appellant sincere repentance, actively made do everything in one's power aftermath, made a sincere apology to the victim, the victim and the full understanding of legal agent. At trial, the victim's litigation agent said "said maximum understanding to the defendant" (see the plaintiff agent word); in the settlement agreement the appellant and the plaintiff, the defendant "expressed appreciation to solve the problem of sincerity, expressed understanding for the defendant". On the basis of understanding, the appellant (the defendant) and the victim (plaintiff in the trial of first instance) on June 1, 1998 on the question of civil compensation reached a settlement agreement: "the defendant is a one-time compensation for the plaintiff RMB 2. 10000 yuan. If the plaintiff cannot the civil compensation case and other civil litigation mediation, regardless of the court verdict, the parties hereto agree with the amount of compensation in accordance with the provisions of this agreement the actual performance." (see the "agreement") after the signing of the agreement, the contract will be submitted to the court for compensation.
In summary, a trial of court decisions, there are two problems:
First, the appellant can sincere confession, in our system the laid-off family, economic conditions are extremely difficult circumstances, dongjiexicou, positive on compensation to the victim, and obtained the full understanding of the victims, and the accident at the age of 14, in full compliance with the statutory conditions of probation. Although the court of first instance in the judgment has been considered the above factors, given the appellant mitigated punishment, but the decision to ignore the specific circumstances, the appellant sentenced to probation conditions consistent with the facts. Hope that the court of second instance can take full account of this situation, the appellant probation sentence.
Second, according to the "Regulations of PRC Civil Procedure Law" in article fifty-first, "the parties may become reconciled". In this case, the appellant and the victim has the problem of civil compensation reached a settlement agreement, to solve the problem about the civil compensation between the parties. From a legal perspective, the parties reached a settlement agreement, means between the parties to civil disputes have been resolved, but the court also should not matter to a judgment. The court of first instance verdict of no agreement between the parties and the compensation to the mentioned problems prior judgment, there is no justification for.
In summary, the judgment of the first instance is improper, request the people's Court of second instance shall be amended according to the law.

This Induced
The Chongqing first intermediate people's court
Attached: 1 copies of the pleadings

                                                                     The appellant: Yang
                                                             Legal representative: Yang  A
                                                                  August 22, 1998

Three, criminal civil incidental appeal pleadings
Usage of criminal incidental civil appeal of pleadings
       In civil cases of incidental appeal the parties after the respondent was the problem, in the criminal procedure law and procedures of criminal cases are not regulated. According to the characteristics of criminal procedure, the defendant in a case of public prosecution appealed against the criminal judgment, there is no defence of the problem; the defendant in a case of private prosecution appealed against the criminal judgment, nor shall a question in the law; for the part of incidental civil lawsuit the appeal, the appellee need not to need, should not be the answer, in the provisions of criminal procedure law and criminal trial has not provided. But consider the fact that incidental civil action belongs to the civil procedure, the appellate defense issues should be applicable provisions of the Civil Procedure Law (civil law 150th), the appellant has civil appeal, the appellee shall have the right to petition the people's court in a copy of the receipt of service 15 days put forward to rejoin shape. After the people's court pleadings the appellant should be received within 5 days, send a copy to the appellant. Of course, the appellee can not produce a reply, but does not submit a reply will make it lose a legal appeal to the people and the people's court to state their opinions opportunities, and not the court pleadings will not affect people's Court on the case.
       The defense criminal civil incidental appeal is usually only for incidental civil part puts forward the premise, but because of the criminal procedure, the use of instruments can be called "the criminal civil incidental appeal Pleadings"; also because of its reply content is usually defined in the incidental civil lawsuit, so called "incidental civil appeal Pleadings" is reasonable. However, with the "appeal" two words, just to show trial, document format and the actual use of this book, can also be directly referred to as "incidental civil pleadings".
Format the criminal supplementary civil appeal of pleadings
       Style instruments criminal court is not listed in the criminal civil incidental appeal answer format. Taking into account the use of the book in addition to the first instance criminal incidental civil pleading and incidental civil pleading with the trial level of different things, there is no essential difference between, can use the criminal incidental civil pleading or incidental civil pleading format.
Criminal civil incidental appeal written pleadings
       Because the criminal supplementary civil appeals the respondent is usually limited in only for incidental civil part, so the criminal civil incidental appeal of pleadings of writing, it is incidental to the appellant's civil appeal and part of the respondent's views and opinions. The respondent and puts forward views should first understand is, the respondent did not appeal against the judgment, this means that no matter whether the respondent in the original judgment, the judgment should support. Therefore, the request of pleadings must write two aspects, namely, dismissed the appeal and upheld the original verdict; accordingly, defence should include counter appeal opinions and reasons, support the original judgment in two aspects. It should be noted here that, sometimes, the respondent did not appeal, but the referee is not satisfied, the written pleadings, inevitably reveals to the referee's disaffection to. This is not appropriate, sometimes even to the appellant appellate role, at least will also become the appellant appeals rational evidence. If the respondent to the original judgment dissatisfaction really, and it is difficult to suppress discontent, should consider the appeal; if dissatisfaction is not sufficient to enable the respondent to overthrow the original judgment, the reply is not too much of the original judgment critique. On the contrary, the respondent or sometimes forced to restrain their dissatisfaction, praise and support for the original judgment, as a kind of support to the people's Court of second instance dismissed the appeal. However, some people think that, there is a "appeal not infliction" different and criminal litigation, the civil litigation appeal results may mitigate its responsibility, has increased its liability may. Therefore, the respondent in the reply can also in the processing results support the original judgment against the appellant's at the same time, emphasizing the referees for their protection is not enough, and asked to change in the second trial, the trial results to own more favourable.
       Defence writing should appeal to analysis of incidental civil judgment part put forward different views, opinions and reasons to prove the error, correct analysis of incidental civil judgment part of the referee, and as much as possible, as thin as possible to provide evidence.
       (four) examples of criminal incidental civil appeal of pleadings
       The civil incidental appeal answer provided by Chongqing Baijun law firm.

Incidental civil appeal the defence

       The respondent Fang Maoping (criminal victim, civil trial the plaintiff), male, born in November 7, 1955, Han nationality, born in Jiangbei District fish mouth town, culture of junior high school, the fish mouth town supply and marketing agency workers, live fish mouth town Gongnong Road No. 17.
       Because of the appellant Jiang Ruilun refuses to accept the Jiangbei District People's Court (1999) No. 436th River Xingchu criminal incidental civil judgment, appeal case, reply as follows:
       A, a court finds that the facts are clear, evidence really fully.
       In September 13, 1997 6, the respondent Yang Guang unreasonable barrier for the respondent vehicles, a dispute with yang. The appellant Jiang Ruilun by Yang Guang invitation, and Yang Guang beat the respondent. Among them, Jiang Ruilun with a wooden pole head cut in reply, the respondent was lying on the ground, heavy medical Fuer hospital CT examination: ear epidural hematoma. Chongqing Institute of forensic identification of damage degree for injuries. Chongqing forensic inspection identified disability rating of six. These facts have had certain, Wang Mou, Li Mou, Xu x, Hao x, Yang's testimony, forensic injury identification, heavy medical Fuer hospital medical records, disability identification and evidence, is sufficient to recognize. Court finds that the facts are clear, evidence really fully.
       Two, the appellant justifiable excuse cannot be established. The appellant by others offer involvement in the beating of the respondent, the respondent is intentional injury, and the specific implementation hurt the respondent behavior, there is no infringement of the respondent; break out in the respondent appellee and Yang Guang played, confused and disoriented, grabbing a thing (at that time not to axe), also did not recognize who is who, by the appellant a pole head cut down on the spot. The respondent before the injury did not hurt the appeal of human behavior, there is no being violated. Therefore, the implementation of the intentional injury rather than the act of self-defence.
       Three criminal acts, the appellant to reply, causing serious damage, calculation of the force, the respondent's understanding and comprehensive analysis ability, memory is not as good as before. Chongqing forensic inspection identified that: the respondent left with mental disorder after traumatic brain injury, mild cognitive impairment, disability degree of six. The appellant's behavior to the respondent made more than 7 yuan in economic losses, the court of First Instance judgement only the appellant compensation 46 365 yuan, the amount of compensation is too little, of the respondent to stop loss not included in the scope of compensation, nor fair.
       In summary, the respondent believes that: the appellant deliberately hurt the respondent, the respondent to injuries, disability grade of six, the consequence is serious, serious, causing tremendous economic loss to the respondent, the court of First Instance sentenced only appellant sentenced to 4 years and 6 months, compensation 46 365 yuan, the partial light, sentenced the amount of compensation is too small, please increase the amount of compensation for the people's Court of second instance the appellant, the respondent 70000 yuan in economic losses are borne by the appellant.

                       This      Induced
The Chongqing first intermediate people's court

                                                                      Respondent: Fang Maoping
                                                                    December 13, 1999

Criminal appeal documents

       A criminal complaint
The criminal complaint
       Criminal appeal, there are rules for the implementation of the provisions of criminal law in the criminal procedure law, the court execution of the criminal procedure law interpretation, in the situation is relatively complex. Specifically, the following circumstances:
       1 in the criminal appeal trial supervision procedure
       The procedure for trial supervision in the criminal appeal is a criminal lawsuit procedure for trial supervision. 203rd the provisions of criminal procedure law, the party or his legal representative, close relative, ruled against a legally effective judgment, may appeal to the people's court, or the people's Procuratorate, but can not stop the execution of the ruling, decision.
       The procedure for trial supervision in the criminal appeal, can be presented to the people's court or the people's procuratorate.
To the people's Court of criminal appeal
       The party or his legal representative, close relative appeal, there are constraints on court activity. Explain the provisions of article 274th court for execution of the criminal procedure law, the people's courts at all levels of the party or his legal representative, close relative to a legally effective judgment, ruling appeals, should carefully review. As long as the complaint in accordance with the law, people's court shall re trial. 204th of the criminal procedural law stipulates the 4 conditions: there is new evidence to prove that the original decision, ruled that the fact that is wrong; according to the contradiction between the main evidence to conviction and sentencing evidence does not do, or not fully prove the facts of the case; the original judgment, the Cai Dingshi law is wrong; the judges in trying the case, take bribes, play favouritism and commit irregularities, perverted the law behavior. But if the complaint does not meet the 203rd criminal law provisions, the people's court by letter, visit treatment (275th interpretation of court for execution of the criminal procedure law). This article is mainly to appeal to be controlled from the complainant, as long as the plaintiff is not the party or his legal representative, close relative, i.e. not applicable provisions of the 203rd criminal procedure law.
       Criminal appeal if rejected, the complainant may also appeal to a higher people's court. Review by the people's court at a higher level that the plaintiff does not comply with the provisions of the 204th criminal procedure law, rejected. The people's court two stage treated and appeal, there must be a sufficient reason for the new, or the people's court may no longer accept.
       Proposed the criminal appeal should use criminal complaint. The complainant should generally be the complaint submitted to a legally effective judgment, ruling of the people's court. Appeal directly to the people's court at a higher level, without having made a legally effective judgment, ruling the review by the people's court, the higher people's court can make the review by the people's court, and inform the complainant; if the complainant that difficult, complex, important, or to have been made by a legally effective judgment, validity ruling the review by the people's court processing disaffected, can also appeal directly to the people's court at a higher level. The people's court at a higher level if that case is indeed difficult, complex, major, or have been made by a legally effective judgment, ruling People's court for examination and treatment, can be directly affected by the people's court at a lower level, review, may also request to deal with censorship level people's courts (276th interpretation of court for execution of the criminal procedure law).
       The people's court shall, after receiving the appeal, to do the work:
       Registration. Each higher people's court after receiving the appeal, should be registered (277th interpretation of court for execution of the criminal procedure law).
       To inform. The higher people's court shall be handled by the people's court at a lower level of appeal, must promptly to the people's court at a lower level, and notify the complainant in direct contact with the Court (ibid.).
       Filing. The people's court to review the complaint shall be put on. The higher people's Court of appeal directly to a people's court at the review and processing of complaints, complaints shall stand volume (278th interpretation of court for execution of the criminal procedure law).
       Assigned to. Appeal to the people's Court of second instance for refusing to accept the hospital of the people's Court of First Instance judgement of the maintenance, can be handed over to the people's Court of first instance review. The people's Court of first instance shall write a review, the review report, put forward the suggestion for examination and approval, the people's Court of second instance.
       (2) presented to the people's Procuratorate of complaints
       The complainant to appeal to the people's Procuratorate, in addition to the provisions in the law of criminal procedure 203rd, in the implementation of the rules of the criminal procedure law of 354 also has a regulation, only the provisions of relatively simple, it is only the provisions of the people's Procuratorate shall accept the complaint, in accordance with the law review, and will review the results to inform the complainant.
       The appeal to set up, can become a case protested by the people's Procuratorate source.
       Complainant complaint to the people's Procuratorate, also should use the complaint.
       2 the review prosecution procedure in the criminal appeal
       In the procedure of criminal appeal review and prosecution, refers to the parties to the decision not to initiate a prosecution against complaints. The complainant has the victim in a case and is not to be prosecuted. The appeal is to request the people's Procuratorate prosecution is not to be prosecuted, is not to be prosecuted appeal is to the relative non prosecution decision is absolutely not to prosecute, the people's Procuratorate declared is not to be prosecuted.
       The law, a people's Procuratorate have decided not to prosecute the case, shall make the decision not to prosecute to the victim. If the victim may, after receipt of the written decision within 7 days from level people's Procuratorate appeal, request prosecution. The people's Procuratorate shall notify the victim will review. If the people's Procuratorate upholds the decision not to initiate a prosecution, the victim may bring a lawsuit to a people's court. The victim may also without complaint, directly to the people's court. The people's court has accepted the case, the people's Procuratorate shall submit the materials related to the case to the people's Court (Criminal Procedure Law Article 145th). This provision is of great significance to protect the legal rights of the victim. Implementation of the criminal procedure law of rule 263rd, 264 also stipulates that the victim in the receipt of the decision not to initiate a prosecution, within 7 days after the appeal, the people's Procuratorate at a higher level for examination and prosecution department; the victim in the receipt of the decision not to prosecute the 7 days after the complaint, make a non prosecution decision by a people's Procuratorate of complaints partial acceptance.
       The people's Procuratorate in accordance with paragraph second of the criminal procedure law of 142nd made the decision not to prosecute, is not to be prosecuted refuses to accept, after receiving the decision to appeal within 7 days after the people's procuratorate. The people's Procuratorate shall make a decision of reexamination, notice is not to prosecute the person at the same time, the public security organs (Law of criminal procedure 146th). Implementation of the criminal procedure law also states in article 267th, is not to be prosecuted in the receipt of the decision not to initiate a prosecution of the book presents 7 days appeal, make the decision not to initiate a prosecution by the people's Procuratorate for examination and prosecution department; more than 7 complaints, complaints shall be handled by the Department of the people's Procuratorate decision.
       The victim, is not to be prosecuted sorry v. refuses to accept the decision, the submission of the complaint, it shall, stating the grounds for the appeal. The victim, is not to be prosecuted without writing ability, can also be oral complaint, the people's Procuratorate shall, according to their oral complaints make transcripts (implementation of the criminal procedural law 268th).
        3 other legal supervision in the criminal appeal
       In criminal proceedings, the people's procuratorates bear the full function of the procuratorial supervision, investigation, the public security organ of the authority of procuratorial and people's courts activities can implement supervision authority. In addition to the two cases above, supervision and other circumstances can be classified such. One aspect of supervision in the case came from the criminal appeal, although in the criminal procedure law and related legal interpretation does not directly described it as the criminal appeal, but many parties is done in the name of.
The criminal complaint book format
       Although the criminal appeal can be presented to the people's Procuratorate and the people's court, but now only in the court of criminal litigation documents specified in the complaint book style format. Other criminal appeal can refer to the use of document format.
This complaint format recovery shall come into force as of style instruments Criminal Court in July 1, 1611999.

The criminal complaint

The complainant
The complainant Yes The people's court YearsMonthDay ( ) No. No. , appeal.

Requests

The facts and reasons

                            This      Induced
    The people's court
Attached: the  Copy

The complainant
YearsMonthDay
Note:
The appeals for criminal cases, the party or his legal representative, close relatives of the appeal, written with a pen or brush.
"Claimant" column, should specify the complainant's name, gender, date of birth, nationality, was born, culture degree, occupation or work units and positions, address; if a legal person or any other organization shall indicate the name, address, legal representative or representative, the name and position.
"Part of the facts and reasons of the" space is not enough, can increase the page.
"Claimant" byline, if a legal person or any other organization, shall state the name, signed by the legal representative or representative, affixed with the official seal.

The criminal complaint written
       Put forward to different authorities to different complaint, writing method is not exactly the same.
       1 to the people's court to effective judgment, ruling made complaint by writing
       (1) the reason
       In the basic situation that the complainant, write a transition section, the complaint. You should clearly indicate the people's court verdict, ruling name, judgement, decision time, decision, ruled that the text content, the appellant appealed or protested by the people's Procuratorate, the people's court shall make a final judgment, name, judgement, decision time, decision, ruled that the text content, show the complainant to effective judgment, ruling opinion. Can be further specified the plaintiff refuses to accept the judgment, in which part or all of the ruling, basic reason not (view).
       (2) a petition
       Write the complainant to be achieved through appeal to. If the complaint has been part of the reason that the complainant to effective judgment, ruling on appeal, can conveniently specify the requirement of appeal. The complainant that innocent, appeal to write to rescind the original judgment, the appeal declared innocent; the complainant believes that effective judgment, ruling part should be revoked or changed, revoked or amended part stated requirements.
       (3) the facts and reasons
       To the people's court verdicts, ruled that the appeal is to request the people's Court on the case review, the retrial, in order to achieve the purpose of rescind the original judgment, sentence. Therefore, the complaint facts and grounds is actually presented by the complainant to rescind the original judgment and to reason. From the general structure of writing instruments, the complaint in the format "facts and reason" is the grounds for the appeal, but the grounds for the appeal can be explained from the fact.
       The criminal procedure law and the courts to enforce criminal procedure law interpretation was not content and writing on the criminal complaint requirements put forward specific requirements, but from the provisions of the 204th criminal procedure law, we can see the complaint must be from the following 4 aspects: the grounds for the appeal have new evidence that the original decision, ruled that the fact that there is error; according to the contradiction between the main evidence to conviction and sentencing evidence does not do, or not fully prove the facts of the case; the original decision, ruled that the law applicable to an error; the judges in the trial of the case, take bribes, play favouritism and commit irregularities, perverting the law behavior. Specifically, is the:
       To prove the original decision, ruled that the fact that there are errors. This is the grounds for the appeal from the facts. But that the original decision, ruled that the fact that there are errors, not only appeal people think of "truth", the original judgment, ruling denying the facts, but must present new evidence, the evidence shows that the original decision, ruled that the fact that there are errors. Also please note, here are told the original decision, ruled that the fact that there are errors, refers to the original decision, ruled that the conviction and sentencing facts are wrong, a day instead of conviction and sentencing independent inaccurate or false. More specifically, if the original judgment, ruling that the facts in the plot of conviction and sentencing of the crime that is wrong, according to new evidence presented, the cognizance of evidence is wrong; if the original judgment, ruling in fact finding error can not play the role of conviction, and not be affected the sentencing, appeal people to appeal to reason, there is no practical significance.
       To prove the original judgment, ruling according to the facts of the lack of evidence. Insufficient evidence is a general statement, specifically, can be divided into evidence is not real, insufficient evidence, evidence of mutual contradiction. The evidence is not real, refers to the sources of evidence of illegal evidence, it doesn't matter content and the facts of the case, the evidence after processing, provides people with the case evidence authenticity, interested enough to hamper the evidence; evidence is not sufficient, refers to the use of evidence although true, but not the formation of chains that is, can not rule out other possibilities exist, the existing evidence can prove the facts is not the only evidence; mutual contradiction, refers to the main evidence can not be echoed, in the content of evidence, evidence, proof object results on issues such as mutual contradiction, not enough to derive the original decision, ruled that the facts. The lack of evidence for the reason, need the original judgment, ruling itself can provide possibility analysis of evidence. Now, it is difficult to do. Because now the judgment, ruling mostly lack of lists of evidence, not to speak of analyzing the evidence, the court evidence, cross examination and so on.
       The trial court ruled that the law is wrong. Generally speaking, if the original judgment, ruled that there was a mistake in ascertaining the facts, evidence, law also is wrong. This requires taking facts as the basis, analysis of the nature of act of the parties, as well as the impact of the plot of the measurement of penalty, we should correct suitable legal basis. But also in this case, the judgment of the first instance, ruling that the facts are correct, but the qualitative, quantitative case errors exist, the mere existence of erroneous law application problems. Now need to do is to writing in the original judgment, ruling that the facts as the basis, analysis of the nature of behavior, try out the character behavior, points out the difference between the original judgment, ruling laws and behavior characteristics suitable place, the right of legal basis should be used.
       The trial judge personnel effective judgment, ruling illegal behavior. Illegality refers to corruption and bribery, play favouritism and commit irregularities, perverting the law. As long as the evidence the judge personnel effective judgment, ruling the wrongdoing, for effective appeal to lay a solid foundation; the complaint again on this foundation will be the effective judgment, ruling in ascertaining the facts, evidence, law exists side error, then the success rate of complaints it will greatly improve the. If the plaintiff can prove the adjudicating personnel effective judgment, ruling the corrupt behavior, but can not prove effective judgment, ruled that the existence of what kind of errors, although not appeal was not accepted, but to change the decision, ruled that the objective is There's no telling.
       2 to the people's Procuratorate of the people's court verdicts, ruled that the complaint of writing
       Will the complainant complaint basis, submitted to the people's Procuratorate of the people's court verdicts, ruled that the complaint and to the people's Court of the people's court verdicts, an appeal, are the same; the purpose is the same, is to change the effective judgment, ruling. Two different ways just to change the effective judgment and ruling, not the same. Present a petition to a people's court, the people's court is hope through the case review, found that the original judgment, ruling error, the retrial, change the effective judgment, ruling; appeal to the people's Procuratorate, is hoping to agree a petition to the people's Procuratorate people's opinions, through the trial supervision procedures to the people's court to lodge a protest to the changes take effect the judgment, ruling.
       Therefore, submitted to the people's Procuratorate of complaints, writing content and writing method for part are the same and to the people's Court of appeal, just in the part of conclusion to the people's Procuratorate cases, trial supervision requirements.
       3 other types of complaints
       Other types of complaints, because of its uncertainty, writing content and method is not fixed. In general, is to prove that the object is not a legitimate complaint behavior, leading to the complainant treatment unfair or handling errors, thus requiring corrective.
Examples of criminal complaint
1 of the people's court verdicts appeals
The criminal complaint by Chongqing Baijun law firm lawyers Wei Feng wrote.

The criminal complaint

The plaintiff Yang Quanmin, male, was born in March 22, 1954, Han nationality, Chongqing Hechuan people, primary school culture, the former Department of Hechuan municipal middle school workers, the unemployed, live in the city of Hechuan Nan Jin Jie office on two layers of Xiang Shi Zi No. 62.
The people's Court of Hechuan city in March 16, 1993 to (1993) the legal punishment at the beginning of the word no. seventeenth criminal judgments, judgments complainant crime abetting theft, was sentenced to 7 years. After the verdict, for various reasons, the plaintiff lost a chance to appeal. The complainant to this decision, the appeal according to law.

It requests

Rescind the original judgment, the appeal declared innocent.

The facts and reasons

       1 the determination, "there are contradictions defendant Yang Quanmin and the staff of You Xingfu, so in 1992 nine, in October, two times the defendant Yang Jiali theft tour Fu home goods, has (to) reach out to." The one thing to prove that the plaintiff's motive. But in fact the complainant does not exist such a motive for the crime. The evidence is: the owner to swim, August 21, 1994's testimony: "I and Yang Quanmin in Hechuan City long town middle school years working together has never had any conflicts, has been working with a good relationship." The people's Court of Hechuan city in 1993 (1993) legal punishment "Eleventh words notice has been denied the fact. In 1999, the Chongqing first intermediate people's Court (1999) Yu a penalty Shen prison No. 106 notice has also denied the fact. Motive does not exist, how can that the plaintiff constitute a crime? How can the "facts are clear, the evidence, is sufficient to recognize"?
       2 verdict finds the facts of the crime, the complainant "in 1992 nine, in October, two times the defendant Yang Jiali theft tour Fu family property...... According to Yang Quanmin the time, place and method of......". This situation has nothing to do with the. The reality is, 1992 9, October, Yang Li had had something to appeal to people, but the complainant did not abetting the theft of a property interest. The evidence is: Yang Li September 21, 1998 issued by the testimony (oral, written records, Liu Huarong denied the plaintiff) by instigating the fact. His testimony is: "one time, I went to Yang Quanmin's house to play, accidentally, we talked about the people in the chat (a worker: Dragon World Fu) rich, when Yang Quanmin did not call me to steal, and later, after a period of time, I went to steal. I have to steal time Yang Quanmin did not know." The complainant ex-wife was there, she also presented the testimony of the situation at that time, the complainant and Yang Li just chat about travel, happy things, but didn't tell Yang Jiali to steal (witness words).
       3 the plaintiff in the case of the trial did not admit instigation Yang Li theft, in the investigation record is recorded with the complainant told the world Fu Home Yang Li's words, but it is in the public security personnel to say, not in accordance with the requirements of their said don't pass, will play. These words were said to have, not really. So the appeal in the trial were overthrown, how can not serve as the basis for deciding? Now a witness and testimony Yang Li is the true claimant.
       The complainant is wrongly convicted, had been in prison for 7 years, it is a fact that cannot be changed. The complainant now appeal, not for economic purposes, but to wash off all the accusations of being wronged set. The complainant will not require superior judicial authorities pursue the relevant personnel do wrong fault liability, guarantee not to make state compensation requirements to the judicial organ.
   I hope the judiciary to deeply find informant survey, not just look at the record review.

         This  Induced

Attached:
       (1) the people's Court of Hechuan city (1993) legal punishment at the beginning of the word no. seventeenth criminal judgments copies 1 copies;
        (2) proof material  Copy.

                              Plaintiff: Yang Quanmin
                                 2000 NovemberDay

2 of the public security organ wrongly imprisoned proposed complaint
The complaint by Chongqing Baijun law firm Wei Feng lawyers write.

ShenV.The book

The plaintiff Chen Jingyu, male, 36 years old, Han, Shapingba District, Chongqing City, Qin Jia Gang Zhen Xin Xing Cun Ma Jia Yan cooperatives farmers, in July 16, 1997 was held in Chongqing city Shapingba District Public Security bureau.

It requests

Immediately to the complainant acquitted.

The facts and reasons

In July 15, 1997, Yu Liang Yadong couple and I because the two sides between the child happened disputes in our club rental housing in Anhui. In the dispute, Liang Yadong knife wounded me. Then the town police station mediation, Liang Yadong pay 300 yuan, but Liang Yadong not stem. This treatment has not yet ended. Unexpectedly, in the evening, Liang Yadong, his wife Cai Hui and his nephew "Sambo" (I do not know the specific name), gathered more than ten people, armed with knives, bricks and other weapons, in the middle of the night 12 pm, kicked my door, rushed into my two floor, first kicked the first bedroom (my children in this room, and my sister-in-law children live), then into the next to my sister-in-law couples living room the first down, my sister-in-law, then seven or eight people rushed into the room to beat her husband Fu Peiyun. Fu Peiyun was a brick crushing forehead, temples and other places, north, chest and abdomen and so many are injured. Two people of husband and wife shouted for help. To live in the same floor brother-in-law heard the shouts that go out to see, just to the top of the stairs, is that people with a knife cut into seriously. That night I live on the third floor, heard the screams, picked up a knife, rushed down from the third floor, the corner, we saw a lot of people rushed into my sister-in-law house, two cut a piece of "help" sound, and took the knife to rush in. I quickly ran to the door, asked what was the matter, that is someone to call me, I will use the hands of the knife and stabbed a few, just listen to someone shouted "retreat", the group of people that have to run down the stairs. I saw Fu Peiyun in the corner, sweating blood, his wife Luo Weidong fell under the bed. Then, I will go to catch the murderer and his family, and report to the police station. Later that night, Liang Yadong hired killer to kill me, and the killer brought to my home, it is barking up the wrong tree, into the two floor Fu Peiyun home, and in the hospital (Southwest Hospital) that, a murderer by knife stabbed (estimated to be I stabbed), died.
I think, my behavior is completely legitimate defense a citizen in order to protect the family's life safety and to exercise behavior, even if someone stabbed to death, is justifiable defence, not the crime problem. The current "criminal law" the seventeenth paragraph first: "in order to make the public interest, the person himself or herself or others or other rights from being infringed, the justifiable defense behavior by, do not bear criminal responsibility." Third twentieth new "criminal law" more clearly stipulates: "the ongoing assault, murder, robbery, rape, kidnapping and other serious violent crimes endangering personal safety, to take defensive actions, against illegal caused casualties, not of excessive defense, and he shall not bear criminal responsibility." I was in the gunman rushed into the home, armed assault, take defensive actions family was more than 10 people after the case, behavior is fully justified, self-defense, not bear criminal responsibility. But July 15th morning, we as the victim report, police station as the murderer is caught (my sister of husband and wife also was arrested, detained three days after the release), and later by the public security authorities for investigation, close to the detention center, has been nearly two months. More surprisingly, clear the gang behavior is a crime, but not the public security organs will who captured and held. So confuse right and wrong, is not divided, it is big wronged! Urge the public security organ at a higher level to find out the truth, make me free, and to trace the real murderer, to safeguard the dignity of the law.

This Induced
Chongqing Public Security Bureau

Plaintiff: Chen Jingyu
September 10, 1997

The sixth sectionOther criminal litigation pleadings

   One, to withdraw the prosecution request
To withdraw the prosecution request
       To withdraw the prosecution request is sometimes referred to as the Criminal Private Prosecution Withdrawal Form, is the legal document for the people's court to withdraw the prosecution of private prosecution from the.
       172nd of the criminal procedural law stipulates, private prosecutor declared in the people's court, may withdraw his prosecution. The reason to withdraw the prosecution of varies from case to case, such as the private prosecutor and the defendant have reached a settlement, the private prosecutor consciously private prosecution devoid of facts or unable to provide evidence. According to the provisions of the criminal procedure law article 171st paragraph first second, private prosecution cases of criminal evidence is lacking, if the private prosecutor no supplementary evidence, the people's court may persuade him to withdraw his prosecution. However, according to the provisions of the implementation of the criminal procedure law court interpretation of article 195th, the prosecutor to provide relevant evidence because of objective reasons can not be obtained and, may apply to the people's court to obtain evidence. If the people's court cannot obtain evidence, the prosecutor should withdraw his prosecution.
       According to the regulations of the court the implementation of the criminal procedure law interpretation of article 188th, one of the following 7 conditions, the people's court shall persuade the private prosecutor to prosecute, or reject it, the prosecutor should also take the initiative to withdraw the prosecution: does not conform to the interpretation of provisions of the 186th conditions (i.e., the people's Court of criminal cases of private prosecution conditions); the evidence is not sufficient; criminal prosecution deadline has passed; the defendant dies; the defendant One's whereabouts is a mystery.; except for lack of evidence the withdrawal of the suit, the private prosecution after withdrawal, the same fact tell; by the people's court mediation, the private prosecution estoppel, the same fact again tell the.
       In addition to the private prosecutor initiative to withdraw the prosecution, criminal proceedings in another situation may deal with it as a case. Explain the 202nd paragraph first of the second paragraph of the 171st criminal procedure law and the court execution of the criminal litigation law provisions, the private prosecution by the two summoned according to law, refuses to appear in court without proper reason, or without court permission to withdraw from the people's court may, according to the prosecutor withdrawal treatment.
      The prosecutor is more than two people, some of them the withdrawal of the suit, does not affect the case to continue the trial (202nd interpretation of paragraph second of the court of criminal procedure law). Private prosecution case the defendant files a counterclaim, the private prosecution after withdrawal, does not affect the counterclaim cases (continue the trial court of criminal procedure law to explain the 206th paragraph second).
      The plaintiff applies for withdrawal of the case, must be voluntary; the withdrawal request, need through the people's court review. Explain the 198th provisions the court execution of the criminal procedure law, the private prosecutor demanded the withdrawal of the suit, the people's court examination that is voluntary, permission shall be given; after review that the private prosecution system is forced, intimidation, not voluntary, should not be allowed to.
       If the parties do not write to withdraw the prosecution request, the people's court may let it fill in a withdrawal of private prosecution request form. The form of the function and the same to withdraw the prosecution request.
To withdraw the prosecution request format
       According to court documents style 294, to withdraw the prosecution request format as follows:

To withdraw the prosecution request

Applicant
The other party

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The facts and reasons

This Induced
The people's court
Attached:

Applicant
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The application of the method to withdraw the prosecution
To withdraw the prosecution request method is relatively simple. The parties can apply part of complaint or counterclaim to write the content. Requests are usually only one, namely "request the people's court granting withdrawal".
"Some of the facts and reasons" is the main content of this book. The fact that the withdrawal of the part can be briefly described, write what time the private prosecution reason bring a private prosecution, bring a private prosecution, how the private prosecutor and the defendant reached a settlement. If the prosecutor cannot provide evidence of the accused the necessary evidence, or by a petition to the people's court to obtain evidence is still unable to obtain evidence, can also write truthfully. The reason only leads to the 172nd part of the criminal procedure law as the legal basis.
Examples of application to withdraw the prosecution
(omitted)

The bail application
The bail application
Bail is the public security organs, people's Procuratorate and the people's court to prevent criminal suspects, defendants escape detection, prosecution and trial and ordered to provide a guarantor or pay margin, ensure becking call a mandatory method. Criminal suspects, defendants in the investigation stage, the public security organs of the people's Procuratorate of the investigation and prosecution stage as well as the people's court in the trial stage, can apply for bail.
The suspect, the defendant to apply for bail, should be made in written form (the public security organs to handle criminal cases Procedure Provisions of article sixty-fifth, the court execution of the criminal procedure law interpretation, sixty-eighth) that need to use the bail application.
Application for bail must meet certain conditions. Fifty-first of the criminal procedural law stipulates conditions is 2: (1) may be sentenced to public surveillance, detention or independent additional penal apply; (2) may be sentenced penalty above, take bail, residential surveillance without danger to the society. Those who meet the above conditions of criminal suspects and the accused can apply for bail. But considering the possibility of the application is approved, the applicant should also pay attention to maintaining the pending approval standard. Public security organs for criminal cases procedure prescribed in article sixty-third to bail situation has 7 kinds: (1) may be sentenced to control, criminal detention or independent additional penal apply; (2) may be sentenced penalty above, take bail, not cause danger to the society; (3) should be arrested crime the suspect who is suffering from a serious disease, or are pregnant, breast-feeding their babies of less than one year old women; (4) on the detention of criminal suspects, the evidence does not meet the conditions for arrest; (5) after the arrest, prosecution not to approve arrest, need to review, review; (6) the criminal suspect in custody the case, can not be completed within the statutory time limit, the need to continue the investigation; (7) to the prosecution, prosecutors decided not to prosecute, need to review, review. Procuratorate implementation of the criminal procedure law rules prescribed in article twenty-ninth approved bail conditions is 7, the provisions of the preceding Article 5 and the public security organs of the former 5 are basically the same, sixth, 7 respectively is: review of the suspect who is detained in custody, not legal investigation prosecution deadline closed, need to continue the investigation or prosecution.; hold a valid passport and valid entry and exit documents, may exit to escape detection, but does not need to arrest. Explain the sixty-third provisions of the criminal procedure law court execution conditions are relatively simple, a total of 3, and the public security organs shall before 3 the same. Correspondingly, the criminal suspect shall apply for obtaining a guarantor pending trial: a recidivist, crime, criminal suspects to escape detection, self injury, crime of endangering national security, violent crime, and other serious crime suspects. The implementation of the criminal procedure law's thirtieth rules are summarized for provisions, seriously endangering public security criminal suspects, and other criminal nature of the bad, if the circumstances are serious the criminal suspect shall not release on bail.
Have the right to apply for bail people have arrested suspects, defendants and their legal representative, close relative (Law of criminal procedure fifty-second), the criminal suspect's lawyer (Law of criminal procedure ninety-sixth).
The bail application format
Bail applications are not specified in the format of legal documents of public security organs, people's Procuratorate, the people's court in, according to court documents style 294 - party application format to bail application form as follows, for reference.
In judicial practice, the public security organs, people's Procuratorate, the people's court may allow for population head apply, to be agreed, then fill in the printed a table format for books.

The bail application

Applicant
The respondent

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      This  Induced

Attached:

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The bail application writing
Generally speaking, the bail application writing is relatively simple, as long as the applicant with simple bail conditions, requirements of bail can be. If the application is provided by the public security organs, people's Procuratorate, the people's court tables, then only need to fill out the form requirements of the project can be. Writing or complete, need to pay attention to the following items writing.
Applicant
       The applicant may in the name of the suspect, the defendant's writing, also can be in the name of the suspect, the defendant's legal representative, close relatives of the writing, the lawyer for the crime suspect, the accused bail, can also take the lawyer to write the name, only two case to note two points: first, to write the applicant and the respondent two columns, and indicate the applicant and the respondent. Second, need to criminal suspects and defendants, signature, agreed. The basic conditions of the applicant and the respondent shall write complete.
Application
       Direct write requirements agreed to bail or request for bail to the applicant.
The reason of the application
       According to the different stage of the proceedings the criminal suspect or the defendant is in control, public security organs for provisions, the criminal case procedure procuratorate implementation rules, criminal procedure law court of the implementation of the criminal procedure law in the interpretation of the approved bail conditions, indicating the crime suspect or defendant too shall have the above-mentioned document conditions, and references to the corresponding legal basis.
       In a bail application, can not write guarantee conditions; if the application for authority is required to fill in the application form, the need according to the application requirements of authorities, fill in the basic information about the surety, or the amount of the deposit.
       4 if there is evidence of material, can be listed in the attached items.
Examples of application of the guarantor pending trial
(omitted)

Three, guarantee
Letter of guarantee
The applicant to the public security organs, people's Procuratorate, the people's court bail application put forward by the authorities, if agreed to bail, will order the criminal suspect, the defendant to pay deposits or provide a guarantor (Law of criminal procedure fifty-third). The guarantor must sign the pledge to guarantee.
Sponsors must meet the following conditions: (1) is not involved in this case. If there is no accomplice, was for criminal suspects, defendants to conceal evidence and help them escape person; (2) the ability to perform warranty obligations. The guarantor must have the responsibility, the citizens under the age of 18, of sound mind, and can make the crime suspect, the defendant has control, restraint, have the ability to guarantee the criminal suspect, defendant will not escape the investigation, prosecution and trial, and come; (3) political rights, personal freedom not restricted; (4) have a fixed residence and income. The guarantor has a fixed residence, facilitate the approval authority to contact, to guarantee on guarantee for effective supervision; to require the guarantor to fixed income, in order to ensure that the guarantor shall guarantee responsibility to make the decision on a fine can be effectively implemented.
The suretyship liability of the surety is: (1) supervision is the guarantee to comply with the provisions of fifty-sixth criminal law, namely the supervision is the guarantee to fulfill legal obligations, without the approval of the organ executing shall not leave the living city, county, in communications by the time the case, shall not in any form of interference of witness, not to destroy, falsifying evidence or collusion; (2) found that the guarantor may occur or has occurred in violation of the fifty-sixth law of Criminal Procedure Provisions of the act, shall promptly report to the executing organ.
Ensure that the book format
Ensure that people use guarantee are without written, only need to the public security organs, people's Procuratorate and the people's court printed and fill in the necessary content and signature can be good format. The three organs of the same format. To the public security organ guarantee format as an example.

Paul Card The book

       I now live                       Unit and occupation   , and criminal suspects Is Relationship.
               I am willing to   Public Security Bureau as well as the guarantee:
       Supervision of criminal suspects Abide by the "criminal procedural law" the regulation of the people's Republic of China of article fifty-sixth in the release on bail, such as the discovery of the criminal suspect may occur or has occurred in violation of "law of criminal procedure" in the people's Republic of China stipulates that the fifty-sixth act, I seek to halt and report to the public security organ, if violated, willing to accept the law sanctions.

This Induced
The Public Security Bureau

Guarantor
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