【Disclaimer】The article is edited and produced by the lawyer team, which is only for reading, communication, and forwarding, and plagiarism is allowed.
The correct way of litigation refers to the most beneficial way of litigation for the parties.
Taking civil litigation as an example, we will give an overview of the correct "posture" at each stage of the litigation process:
1. Evidence collection
The adjudication principle of "based on facts" in civil litigation can also be understood as the basis for the evidence that has been identified. "If the foundation is not firm, the mountains will be shaken", and having favorable evidence is the premise of winning the lawsuit [come on].
Note here:
1. There is no agreement without a contract, especially in commercial affairs, and all kinds of behaviors must have a contractual basis. Standardizing the contract information of the system can often have the effect of doing more with less. Verbal can also establish a contractual relationship [than heart]
2. Retain samples of physical evidence, and there should be corresponding handover records for physical evidence.
3. The original data of video and audio recordings should be retained, and they should not be edited or modified by themselves.
4. The parties' statements on the facts of the case "cannot be dragged out of the public door in a word", and it is best to ask lawyers and other professionals to organize them into written materials and submit them to the court.
5. Written materials have a head and end, whether it is an IOU, an IOU, or a receipt...... There must be a letterhead, a sign, and a date.
6. For personal affairs, notarization is not a legal procedure, although the notarized materials in the litigation can be directly used as evidence, but this is more to facilitate the judge's identification of evidence, and there are also a lot of notarization fees, unless it is difficult to obtain evidence afterwards, "the individual is not tired of notarization".
2. First instance
Filing a case is king, not a superstitious relationship case. The first instance is very important because this is the place where the traces of the appeal begin, "ask where the canal is as clear as it is, for there is a source of living water".
1. Appropriate appeals, the more appeals the better, but the more appropriate the better.
2. Clear evidence, the evidence should be summarized and classified, and the evidence catalog should be made, on the one hand, the logical relationship between the evidence can be clearly presented, and on the other hand, it is easy to extract to avoid omission.
3. Actively and calmly participate in the trial, and it is especially important to pay attention to the fact that according to the other party's statement, increase and change your own demands in a moderate and timely manner, which can get twice the result with half the effort [come on]
3. Second instance
If you are not satisfied with the results of the first-instance ruling, judgment, or mediation, you must appeal and follow the procedure, and it is very difficult to overturn the case if you miss the procedure. Time limit for appeal: 10 days for decision, 15 days for judgment. Counting from the date of the issuance of the judgment document, it is safer to submit the appeal petition at 2/3 of the time point of the appeal period, and it can be submitted to the clerk of the first instance, and then the research office of the court of first instance will transfer it to the court of second instance as a whole.
As long as you follow the procedure clearly, "don't be superstitious about relationship cases"!
IV. Retrial
1. If you are dissatisfied with the result of the judgment, judgment or mediation that took effect in the first instance (in cases where there is no appeal or mediation that takes effect immediately) or in a case that you are not satisfied with the judgment or judgment of the second instance, you may apply to the court at the next higher level that made the effective judgment, judgment or mediation result for a retrial.
Remember: no matter what kind of retrial application, the application for retrial shall be submitted within 6 months from the date of the effective ruling, judgment, or mediation document. Many unjust, unsolved, and petitioning cases are caused by missing the time limit.
5. Apply for procuratorial supervision
These include:
1. Apply to the procuratorate to file a civil counter-appeal
2. Apply to the procuratorate to submit a civil procuratorial suggestion
In the following circumstances, an application for civil supervision may be made to the procuratorate at the same level as the first-instance trial (without appeal) or the procuratorate at the same level as the second-instance trial:
(1) Dissatisfied with the results of the first-instance ruling, judgment or mediation (no appeal).
(2) Dissatisfaction with the results of the second-instance adjudication, judgment or mediation.
(3) Dissatisfaction with the outcome of the adjudication or judgment after the retrial of the case.
（4）驳回再审的裁定不服。
The time limit for the application here is: the date of payment of the effective award, judgment and mediation of legal documents shall be extended by two years.
6. Apply for civil supervision review
If they are not satisfied with the result of the application for civil supervision, they may apply to the procuratorate at the next higher level of the procuratorate applying for item 5 for a review of civil supervision.
After the procuratorate revokes the previous decision not to support civil supervision, it raises a protest or gives a procuratorial suggestion.
The time limit here is to extend the deadline for payment by one year according to the decision not to support the application for supervision.
VII. Appeals
First of all, you can appeal if you are not satisfied with the outcome of any lawsuit.
Second, if an application for appeal is filed with the court at the next higher level of the court that was heard last, and if the appeal is not satisfied, the appeal may be filed with the court at the next higher level.
Third, if they are not satisfied with the outcome of the Supreme People's Court's appeal, they may continue to appeal to the Supreme People's Court.
Fourth, there is no limit to the number of appeals and the statute of limitations, and what limits you is time and economic costs.
8. Other draws attention
1. In accordance with the principle of "procedure before justice", the above-mentioned litigation procedures should be carried out in sequence, and must not be out of order, out of order, or in the same order.
2. If one of the proceedings is missed, the next one is immediately followed.
3. Procedures other than litigation procedures, such as appraisal procedures, can apply for re-appraisal if there are different opinions.
4. Rights protection actions cannot be carried out in illegal ways and methods, and it is important not to give people a handle and fall into a trap.
5. Consult professionals in a timely manner, and do not be self-righteous.
6. Do not be afraid or confused, emotionally stable, face calmly, persistence is victory [struggle].
If necessary, you can contact us by private message
#Article Launch Challenge##Mutual Aid Interactive Winner Group##Winter Life Check-in Season#