I. When the plaintiff files a lawsuit with the court, a complaint should be submitted with copies corresponding to the number of defendants. The complaint shall be neat and free from alterations. It shall be personally signed by the plaintiff. If the plaintiff is a legal person or other organization, the complaint shall bear its official seal.
The complaint shall include the following details:
1. Plaintiff's name, gender, age, ethnicity, occupation, workplace, domicile, and contact details. If the plaintiff is a legal person or other organization, the complaint shall specify its name, domicile, and the name, position, and contact details of its legal representative or principal person in charge.
2. Defendant's name, gender, workplace, domicile, and contact details. If the defendant is a legal person or other organization, the complaint shall specify its name, domicile, and the name of its legal representative or principal person in charge.
3. The claims made by the plaintiff, as well as the facts and legal grounds on which the claims are based.
4. The evidence and sources of evidence. If there are witnesses, the names and addresses of the witnesses shall be provided.
If the relevant dispute is covered by a complaint form distributed by the Supreme People's Court, the Ministry of Justice and the All-China Lawyers' Association, the complaint can be prepared by filling in the form.
Electronic forms can be downloaded via:
- The "People's Court Online Service (National Edition) "WeChat mini-program: All Features > Tools > Model complaint and defense pleadings for certain cases.
Electronic forms also can be downloaded by scanning the QR code:
- The "AnHuTong Platform" on WeChat: Litigation Services > Apply For > More> Model complaint and defense pleadings for certain cases.
II. When submitting the complaint, the plaintiff shall also provide identity materials for both parties:
1. If the plaintiff is a legal person or other organization, a valid copy of the business license, proof of identity of the legal representative or principal person in charge, and their identification card shall be submitted. If the plaintiff is a natural person, a copy of their identification card or other valid identity documents shall be provided.
2. If the defendant is a legal person or other organization, the plaintiff shall provide the defendant's enterprise registration information, which can be obtained through the National Enterprise Credit Information Publicity System or other relevant sources. If the defendant is a natural person, the plaintiff shall provide clear and specific information, such as the defendant's name and domicile, which is sufficient to distinguish the defendant from others.
III. At the time of submitting the complaint, the plaintiff shall also submit evidentiary materials to prove eligibility for filing a lawsuit (the number of copies of the evidence should match the number of complaint copies), along with a list of evidence. Evidentiary materials to prove eligibility for a complaint refers to evidence that can prove the parties have a legal interest and the dispute falls within the court's jurisdiction.
IV. At the time of submitting the complaint, the plaintiff shall complete an address confirmation form for service of process. The address confirmation form for service of process shall state the recipient's address for receiving legal documents, contact telephone number, and whether the plaintiff agrees to receive documents electronically.
V. At the time of submitting the complaint, the plaintiff shall complete a confirmation of the receipt of return of litigation costs in a prevailing case and provide the bank account to be used for receiving the return of litigation costs in a prevailing case.
VI. If the plaintiff appoints a litigation agent to participate in the litigation, they shall submit a power of attorney and relevant materials:
A party or its legal representative may appoint one or two persons as litigation agents. The following individuals may be appointed as litigation agents:
(1) Lawyers and grassroots legal service providers;
(2) The plaintiff's close relatives or staff members;
(3) Citizens recommended by the plaintiff's community, workplace, or relevant social organizations.
If the agent is a lawyer, the power of attorney, a letter from the law firm, and the lawyer's certificate shall be submitted. If the agent is a close relative of the plaintiff, the power of attorney, the agent's identification materials, and proof of the family relationship shall be submitted. If the agent is a staff member of the plaintiff, the power of attorney, the agent's identification materials, and proof of the employment or personnel relationship shall be submitted.
VII. Special Considerations for Foreign-Related Cases
If the plaintiff is a foreigner, stateless person, foreign enterprise, or foreign organization, and needs to appoint an attorney for litigation, they shall retain a lawyer licensed in the People's Republic of China (PRC).
If a foreigner, stateless person, foreign enterprise, or foreign organization without domicile in China appoints a PRC lawyer or other person as their litigation agent, the power of attorney sent from outside China shall be notarized by a notary public in the country where the appointing party resides, then be authenticated by the Chinese embassy or consulate in that country or comply with any relevant treaty between China and that country regarding authentication procedures to be effective. If the appointing party resides in a country without diplomatic relations with China, the power of attorney may be notarized by a local notary public, authenticated by the embassy or consulate of a third country that has diplomatic relations with both China and the appointing party's country, and then further authenticated by the Chinese embassy or consulate in that third country. If the appointing party's country is a contracting state to the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Hague Apostille Convention) and China has not made reservations regarding that country, the power of attorney only requires notarization and an Apostille issued by the competent authority in that country.
If the plaintiff is a foreign enterprise or organization, identity documentation such as commercial registration documents and litigation representative certification documents shall also undergo the aforementioned certification procedures. If such documents constitute foreign public documents under Hague Apostille Convention, and the plaintiff's country is a contracting state to which China has not made reservations, an Apostille shall be affixed instead.
VIII. Special Considerations for Cases Involving Hong Kong, Macao, and Taiwan
Residents of the Hong Kong Special Administrative Region (Hong Kong) and the Macao Special Administrative Region (Macao), when submitting a power of attorney for litigation representation from these regions, shall have the power of attorney verified by relevant authorities, organizations, or commissioned notaries in Hong Kong or Macao that are recognized by the Mainland of China. The notary's verification shall also be further endorsed with a transfer stamp by "China Legal Service (Hong Kong) Limited" or "China Legal Service (Macao) Limited" on the original notarial document in order to be valid for use in the court.
Residents of Taiwan, when submitting a power of attorney for litigation representation from Taiwan, the power of attorney shall be notarized by notarial authorities in Taiwan, forwarded through the Taiwan Strait Exchange Foundation, and verified by the Shanghai Notary Association before it can be used in the court.
If the plaintiff is an enterprise or organization of Hong Kong, Macao or Taiwan, the plaintiff's identification documents, including commercial registration documents and documents certifying the agent of the litigation, shall also be certified in accordance with the above manner.
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