Everyone is allowed to defend himself, which is allowed by our law, but it is a situation to hire a lawyer in this era, and there is a reason.
First, lawyers are professionals after all. After all, they know more about the law than we do. Unless they are lawyers, let them be more competent in defense. Second, now everyone demands legal justice. If there is no lawyer (this is generally for criminal cases), it is suspected that the judiciary is not open and unfair. There is a saying: "Have the right to remain silent, and have the right to ask a lawyer to testify."
Third, as mentioned above, this is already a situation, and courts generally invite lawyers. Of course, civil cases are not that serious. What we are pursuing now is a harmonious society, so now civil cases emphasize mediation more.
What are the conditions for civil litigation?
(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.
When a party brings a lawsuit to the court, it must not only meet the above conditions, but also submit a complaint or a complaint in accordance with the provisions of Article 109 of the Civil Procedure Law. The prosecution shall submit a complaint to the people's court, and submit copies according to the number of defendants.
If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.
Matters to be recorded in the complaint
The complaint shall contain the following items:
(a) the name, sex, age, nationality, occupation, work unit and domicile of the party concerned, the name and domicile of the legal person or other organization, and the name and position of the legal representative or principal responsible person;
(2) the request and the facts and reasons on which it is based;
(3) Evidence and its sources, names and residences of witnesses.
Court acceptance
Deal with them separately:
(a) in accordance with the provisions of the administrative procedure law, which belongs to the scope of administrative litigation, inform the plaintiff to bring an administrative lawsuit;
(2) In accordance with the law, both parties voluntarily reach a written arbitration agreement on contract disputes and apply to an arbitration institution for arbitration. If they cannot bring a suit in a people's court, they shall inform the plaintiff to apply to an arbitration institution for arbitration;
(3) Informing the plaintiff to apply to the relevant authorities for settlement of disputes that should be handled by other organs according to law;
(4) Informing the plaintiff to bring a suit in a people's court that has jurisdiction over a case that is not under the jurisdiction of this court;
(5) If a party files a lawsuit in a case in which a judgment or ruling has become legally effective, it shall inform the plaintiff to handle it according to the complaint, unless the people's court decides to allow the withdrawal of the lawsuit;
(six) cases that cannot be prosecuted within a certain period of time according to law shall not be accepted;
(seven) cases in which divorce or mediation is not allowed, and cases in which the adoption relationship is maintained through judgment or mediation, if there are no new circumstances or new reasons, will not be accepted if the plaintiff brings a lawsuit within six months.
Time limit for court acceptance
According to the provisions of Article 112 of the Civil Procedure Law, if a people's court receives a complaint or an oral prosecution and finds that it meets the conditions for prosecution after examination, it shall file a case within seven days and notify the parties concerned; If it is considered that it does not meet the conditions for prosecution, it shall be ruled inadmissible within seven days; If the plaintiff refuses to accept the ruling, he can appeal.
Our country's law does not stipulate that we must hire a lawyer to bring a lawsuit. Even if the parties have not hired a lawyer, they can bring a lawsuit to the court. Only whether they will accept it or not depends on whether they actually meet the prescribed conditions for filing a case. And hiring a lawyer is only to better protect their own interests and help the parties to deal with related matters in the course of litigation.
Legal basis:
code of civil law
Article 52 A party has the right to entrust an agent to apply for withdrawal, collect and provide evidence, debate, request mediation, file an appeal and apply for enforcement.
The parties may consult the relevant materials of this case and copy the relevant materials and legal documents of this case. The scope and methods of consulting and copying relevant materials in this case shall be stipulated by the Supreme People's Court.
The parties must exercise their litigation rights in accordance with the law, abide by the litigation order, and perform legally effective judgments, rulings and conciliation statements.
Article 57 If the subject matter of litigation is of the same kind and there are a large number of parties, the people's court may issue an announcement explaining the case and the claim, and notify the obligee to register with the people's court within a certain period of time.
The obligee registered in the people's court may elect a representative to conduct litigation; If there is no elected representative, the people's court may appoint a representative with the right holder who participates in the registration.
The litigation behavior of a representative is valid for the party he represents, but the representative must obtain the consent of the principal if he changes, gives up or acknowledges the litigation request of the other party and makes a settlement.
The judgment and ruling made by the people's court shall be effective for all the right holders who participate in the registration. If the obligee who has not participated in the registration brings a lawsuit during the limitation period, the judgment or ruling shall apply.
Article 61 A party or legal representative may entrust one or two persons as agents ad litem.
The following persons may be entrusted as agents ad litem:
(1) Lawyers and grassroots legal service workers;
(2) Close relatives or staff members of the parties concerned;
(three) citizens recommended by the community, units and relevant social groups where the parties are located.