1. First of all, we must change our ideas when going to court.
Many people think that going to court is a bad thing and call it "offending officials", so they are unwilling to go to court and 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 For a society ruled by law, this concept is obviously out of date.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. Litigation is the right given to every citizen by law. In a society ruled by law, every citizen should not hesitate to take up legal weapons to defend his freedom and rights when his freedom and rights are violated. Therefore, every citizen should change his mind, not be afraid to go to court, and exercise his right to go to court when necessary.
2. Secondly, we should pay attention to the problems in the preparation stage, including collecting evidence, hiring lawyers, and preparing for the trial.
In the stage of litigation preparation, 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. In reality, it is not uncommon for the parties to lose the case because they cannot prove their mistakes. 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.
When you decide to go to court, you'd better seek the help of a lawyer or related professionals.
If you are unable to 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. On the one hand, lawyers can provide professional legal services 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.
4. 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". "Claim" is the litigation request, 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.
5. The problems that should be paid attention to during the trial are mainly court order and speaking skills.
During the trial, the court order should be observed. 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. The parties shall strictly abide by the court order and the guidance of the judge. Without the consent of the judge, you are not allowed to speak at will, and you are not allowed to suddenly interrupt the other party when he is speaking, because speaking at will disrupts the order of the court and leads to the trial being unable to proceed smoothly.
In addition, 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, speeches should be targeted and 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.
Legal basis:
Article 119 of the Civil Procedure Law of People's Republic of China (PRC) must meet the following conditions: (1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case; (2) Having a clear defendant; (3) Having specific requests, facts and reasons; (4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.