1. Many people think that going to court is a bad thing and call it "offending officials", so they are unwilling to go to court or even afraid of going to court. For a society ruled by law, this concept is obviously out of date. Litigation is a troublesome thing, but in the post-private relief era, litigation is the most important and effective way to safeguard the legitimate rights and interests of citizens.

2. Litigation is the right given to every citizen by law. In a society ruled by law, when freedom and rights are violated, every citizen should not hesitate to take up legal weapons to defend his freedom and rights. Therefore, every citizen should change his mind, not be afraid to go to court, and exercise his right to go to court when necessary.

The second is the problems that should be paid attention to in the preparation stage, including collecting evidence, hiring lawyers, and preparing for the trial.

1. In the preparatory stage of litigation, the most important thing is to collect and preserve relevant evidence. The purpose of litigation is evidence. According to the principle of "whoever advocates gives evidence", the parties should provide evidence to prove their claims. If there is no evidence or no evidence, they should bear the legal consequences that are unfavorable to them.

2. In reality, it is not uncommon for the parties to lose the case because there is no way to prove their fault. Based on the importance of evidence, we should try our best to obtain it even if we don't have it at hand. For example, in the absence of an iou or loan contract, the creditor can obtain evidence by reconfirming the creditor's rights in writing with the debtor.

Third, when you decide to go to court, you'd better seek the help of a lawyer or related professionals.

1. If you can't hire a lawyer due to financial difficulties, you can apply for legal aid from a legal aid institution under legal circumstances. When seeking legal help, the author suggests that it is best to entrust a lawyer from a law firm.

2. On the one hand, lawyers can provide professional legal services, so as to maximize the interests of the parties. On the other hand, the Lawyers Law stipulates that if a lawyer practices illegally or causes losses to the client due to his fault, the client has the right to ask the law firm where he works to bear the liability for compensation, but the citizen agency does not have such protection.

3. In the preparatory stage, if a lawyer is hired, the follow-up work is mainly to cooperate with the lawyer in litigation. But if you don't hire a lawyer, you need to prepare relevant materials and court debates. The preparatory work should focus on "claims" and "facts and reasons".

4, "claim" is the claim, that is, what kind of responsibility is required of the other party. "Facts and reasons" refers to the court's statement of the course and reasons of the case to support its own claims. In order to play a better role in the trial, it is best to form written materials for the preparatory work.

Fourth, the problems that should be paid attention to during the trial are mainly court order and speech skills.

1. Court orders shall be observed during the trial. Under the ex officio litigation mode, the judge dominates the whole trial process, and the judge will guide the parties to complete all stages of the trial. What the parties have to do is to cooperate with the judge to find out the facts of the case.

2. The parties shall strictly abide by the court order and obey the guidance of the judge. Without the consent of the judge, you can't speak at will, and you can't suddenly interrupt the other party when he is speaking, because speaking at will disturbs the court order and leads to the trial being unable to proceed smoothly.

Besides, pay special attention when it's your turn to speak. Some parties, no matter what questions the judge asked, pointed at each other endlessly and made "generous statements" as soon as they started, which not only failed to achieve any effect, but also made a big taboo in the trial. The time of each trial is about two to three hours, so it is very difficult for a judge to find out the facts of the case in such a short time, which is very difficult for a complicated case.

Therefore, the speech should be targeted and the questions should have answers. In addition, pay attention to the speed of speech when you speak. If you speak too fast, it is difficult for the clerk to record. Experienced lawyers will cooperate with the speed of typing by the clerk, and some lawyers will submit the electronic version of the complaint or defense to the clerk before the court session, which will not only ensure that their opinions are accurately recorded in the court transcript, but also save the court time.

Extended data

Materials to be prepared for litigation and prosecution:

1, complain. The indictment submitted here includes the original indictment and corresponding copies of the number of defendants involved. In addition to submitting a complaint to the people's court, the plaintiff should also submit a copy of the complaint according to the number of defendants and third parties, so that the people's court can serve it on the defendant after deciding to accept it.

2. The copy of the complaint is called the original complaint submitted to the people's court, and the text with the same content as the complaint is called the copy. Copies can be copied, printed or duplicated.

3. Materials to prove the subject qualification of the parties. In addition to bringing a lawsuit, the parties also need to submit relevant materials to the people's court to prove that the parties are qualified to bring a lawsuit.

4. If the party is a natural person, it shall also submit the ID card or a copy of the household registration book and other materials to prove its identity; If it was a legal person or other organization at that time, it shall submit a copy of the industrial and commercial business license or the main registration materials such as the industrial and commercial registration materials in the last three months or the registration certificate of an enterprise as a legal person; If the plaintiff is a legal person or other organization, the identity certificate of the legal representative or the certificate of the principal responsible person shall also be submitted.

5. If a lawsuit is filed on behalf of the plaintiff, the power of attorney of the plaintiff shall also be submitted. The power of attorney shall be sealed or signed by the client, and the power of attorney shall specify the entrusted matters, authority, time limit and contact telephone number; If a citizen acts as an agent, submit a copy of his/her ID card; if a lawyer acts as an agent, submit an official letter from the law firm and a copy of the lawyer's practice certificate.

6. In addition, it shall also submit evidence materials to prove the basic legal relationship, the facts of the case and the claims of its own parties, such as loan contracts, loan agreements, IOUs, IOUs, repayment commitments and other materials that can prove the real existence of the loan relationship in private lending cases. Submit the original evidence materials 1 copy to the court, keep 1 copy for yourself, and submit copies according to the number of defendants.

7. List of evidence. The plaintiff shall list the evidence in order, including the name of the evidence, the content of the evidence, the number of pages and whether it is the original.

8. There are some matters needing attention: First, all materials should be written or printed on a4 paper with black pen or signature pen, and the prosecution needs the signature of the plaintiff, and copying is invalid. The prosecutor is a unit and needs to be stamped.

9. Second, if a party applies for deferring, reducing or exempting the payment of litigation fees, it shall submit a written application and legal proof materials to the court.

10. Third, if it is necessary to preserve evidence, preserve property or apply to the court for obtaining evidence, the plaintiff shall submit relevant applications.

Baidu Encyclopedia: People's Republic of China (PRC) Civil Procedure Law

Baidu Encyclopedia: General Principles of Civil Law in China