Should actively respond to the lawsuit. To be sued by others to the court, in order to better respond to the lawsuit, we should mainly prepare from the following three aspects:
(1) entrusted defender, whether the defendant or the victim, can entrust an agent according to law. The defendant's agent is called a defender; The victim's agent is called an agent ad litem. A criminal suspect, defendant and victim may entrust one or two persons as defense and litigation agents in addition to exercising the right of defense and statement. According to law, lawyers, people's organizations or units recommended by criminal suspects and defendants, as well as guardians, relatives or friends of criminal suspects and defendants, may be invited to act as defenders or agents ad litem to defend themselves and help to state their opinions.
(2) prepare for the defense. Even if a defender is appointed, the defendant can still defend himself. Not only that, the main defensive force still depends on oneself, and don't pin all your hopes on the defender. The defender is just a helper and knows his own situation best. This is the same as doing other things. You should do your own thing and welcome the help of others, but you should not give up your efforts and be fully prepared for your defense. In order to better exercise the right of reply, we must first understand the proceedings, especially the steps of the court session. In court, we have to go through several stages, such as investigating facts, arguing with each other and making a final statement. At these stages, the defendant has the right to speak, so we should seize the opportunity and say everything we need to say, instead of waiting until the lawsuit is over to understand. In the stage of preparing the defense, the following aspects should generally be considered: First, consider whether the private prosecutor can withdraw the private prosecution through reconciliation. According to the law, the people's court can mediate minor criminal cases that have been informed and the victim has evidence to prove on the basis of finding out the facts and distinguishing right from wrong. Before sentencing, the private prosecutor may reconcile with the defendant or withdraw the prosecution. If the defendant does commit illegal and criminal acts, he can obtain the understanding of the private prosecutor through self-examination, public apology, commitment and compensation for economic losses. It is a good solution if the private prosecutor can voluntarily withdraw his private prosecution through the mediation of the court. Second, we should consider whether we can file a counterclaim. If the private prosecutor framed or slandered himself out of malice, it is also not allowed. If it constitutes a crime, the defendant can file a counterclaim against the private prosecutor, that is, let the private prosecutor be a defendant once. Of course, counterclaim must meet the conditions of counterclaim: that is, the object of counterclaim must be directed at the private prosecutor, and the behavior of the private prosecutor does constitute a crime; The content of counterclaim must be related to this case; Counterclaim cases must conform to the scope of private prosecution cases.
Third, the defense should be carried out according to law, which means that the defense opinions put forward should have legal basis. The so-called defense is nothing more than stating that you are innocent and guilty, so as to get a lighter, mitigated or even exempted criminal punishment from the court. In order to reply according to law, it is necessary to fully understand the statutory circumstances and discretionary circumstances of the court's lighter, mitigated or even exempted criminal punishment. The so-called statutory circumstances are the circumstances that can be given a lighter punishment clearly stipulated in the criminal law. When defending, the defendant should think about his criminal behavior, and under what circumstances he can be given a lighter punishment, and fully explain this plot.
Legal basis:
According to Article 64 of the Civil Procedure Law of People's Republic of China (PRC), the parties have the responsibility to provide evidence for their claims. The people's court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or evidence that the people's court considers necessary for hearing a case. The people's court shall comprehensively and objectively examine and verify the evidence in accordance with legal procedures.
Derivative problem:
What if the borrower is sued?
Should actively respond to the lawsuit. Be sued by others to the court, in order to better respond to the lawsuit.
If someone is sued, he should actively respond. If you don't respond to the lawsuit, you will give up your right of reply.
Private lending cases should actively respond to the lawsuit. You can entrust a lawyer to reply and take corresponding measures according to the specific circumstances of the case to strive for your best interests.