Act 2024 No. 46.
The High People's Courts, Judicial Departments (Bureaus), Lawyers Associations of all provinces, autonomous regions, and municipalities directly under the Central Government, the Military Courts of the People's Liberation Army, the Production and Construction Corps Branch of the High People's Court of the Xinjiang Uygur Autonomous Region, the Judicial Bureau of the Xinjiang Production and Construction Corps, and the Lawyers Association
In order to adapt to the high-quality development of China's economy and society, and to meet the people's higher needs for litigation convenience and improving the quality and efficiency of justice, the Supreme People's Court, in consultation with the Ministry of Justice and the All China Lawyers Association, has researched and formulated the "Model Text of Civil Complaint and Reply (Trial)" for 11 types of common and frequent civil cases such as financial loans, private loans, and labor disputes.
The model textIt will be implemented on a trial basis from March 4, 2024 for a trial period of one year。During the trial process, please pay attention to the following questions:
The preparation of pleadings and replies is the first threshold for parties to participate in litigation procedures, and is also a front-end requirement for achieving high-quality court hearings, which is directly related to the protection and realization of the people's litigation rights and the quality and efficiency of the people's courts in resolving disputes. The model text of the complaint and reply issued this time adheres to the problem-oriented approach and targets the common and frequent types of civil disputesProvide standardized and comprehensive litigation guidance for parties to file lawsuits and defenses, facilitate the public's focus on litigation demands, disputed issues, and factual reasons, provide targeted litigation materials, respond to the public's higher demand for the quality and efficiency of judicial trials, and accelerate the modernization of judicial trial work。All levels of people's courts, judicial-administrative organs, and lawyers associations should raise their political positions, fully understand the value orientation and important role of efforts to standardize complaints and responses, do a good job of application and publicity efforts, and achieve the goal of "fairness and efficiency" by providing the people with high-quality and efficient litigation services, and continuously increase the public's sense of access to and satisfaction with justice.
The model text released this time adopts the method of first-class and elementalizationThe intention is to make it clear to the people and easy to use。All levels of people's courts, judicial-administrative organs, and lawyers associations should beGuide and guide the parties in the use of model texts。All levels of people's court and people's courtroom should provide channels for model texts in conspicuous official locations, and provide blank document styles and example reference texts in litigation service halls, so that parties can easily access them on the spot. For parties who have not retained a litigant and who file a lawsuit at the case filing window, the people's courts shall, on the basis of the needs of the parties, patiently inquire, guide, and assist the parties in filling in the relevant content in accordance with the model text. Where parties persist in submitting other forms of pleadings or responses, the parties' choice should be fully respected, and the format or content must not be used as an excuse to refuse to file the case or compel repeated revisions, unreasonably increasing the parties' litigation burden
During the trial implementation, attention should be paid to sorting out and accumulating problems and opinions and suggestions discovered, and promptly reporting to the Supreme People's Court, the Ministry of Justice, and the All China Lawyers Association, so as to lay a solid foundation for the next step of formal implementation.
Model text of the reply to the civil complaint
Table of Contents
1.Complaint 6 for Private Lending Disputes
2.Reply to Private Lending Dispute 10
3.Example of a complaint in a private lending dispute 13
4.Example of Reply to Private Lending Dispute 17
5.Petition for Divorce Dispute 20
6.Reply to Divorce Dispute 23
7.Example of a complaint for divorce dispute 25
8.Example of Reply to Divorce Dispute 28
9.Complaint for Disputes over Sales Contract 30
10.Reply to Dispute over Sales Contract 35
11.Example of a complaint for a dispute over a sales contract 38
12.Example of Reply to a Dispute over a Sales Contract 43
13.Complaint for Disputes over Financial Loan Contracts 47
14.Reply to a Financial Loan Contract Dispute 51
15.Example of a complaint in a dispute over a financial loan contract 54
16.Example of Reply to a Financial Loan Contract Dispute 58
17.Complaint for Property Service Contract Dispute 61
18.Reply to Property Service Contract Dispute 65
19.Example of a complaint for a property service contract dispute 68
20.Example of pleadings to a property service contract dispute 72
21.Bank Credit Card Dispute Complaint 75
22.Bank Credit Card Dispute Reply 79
23.Example of a bank credit card dispute complaint 82
24.Example of a bank credit card dispute reply 86
25.Motor Vehicle Traffic Accident Liability Dispute Complaint 89
26.Reply to Liability Dispute over Motor Vehicle Traffic Accident 92
27.Example of a complaint for a motor vehicle traffic accident liability dispute 94
28.Example of Reply to a Dispute over Liability for a Motor Vehicle Traffic Accident 97
29.Labor Dispute Complaint 99
30.Labor Dispute Reply 102
31.Example of Labor Dispute Complaint 104
32.Example of a Labor Dispute Reply 107
33.Complaint for Financial Lease Contract Dispute 109
34.Reply to Financial Lease Contract Dispute 114
35.Example of a complaint for a dispute over a financial lease contract 117
36.Example of Reply to a Financial Lease Contract Dispute 122
37.Complaint for Disputes over Guarantee Insurance Contracts 125
38.Reply to Guarantee Insurance Contract Dispute 129
39.Example of a complaint for a dispute over a guarantee insurance contract 132
40.Example of Reply to a Guarantee Insurance Contract Dispute 136
41.**Complaint for Liability for Misrepresentation Dispute 139
42.**Reply to Liability for Misrepresentation Dispute 143
43.**Misrepresentation Liability Dispute Complaint Example 146
44.**Example of Reply to Liability for Misrepresentation Dispute 150