1. Is there no lawyer to go to court?
It is okay to go to court without a lawyer, and anyone 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. Third, as I said above, this is already a situation, and courts usually invite lawyers. Of course, civil cases are not so serious, and now we are pursuing a harmonious society, so now civil cases emphasize mediation more.
Second, matters needing attention in litigation
(1) Can you say goodbye to others?
If you want to complain, it is the plaintiff. The so-called plaintiff is to bring a lawsuit to the people's court in your own name in order to safeguard your legitimate rights and interests, so the person who caused the lawsuit is the plaintiff. Can you bid farewell to others, that is, do you have the plaintiff qualification or have a direct interest in the dispute? A civil action must be brought by the plaintiff. If the parties do not file a lawsuit, the court will ignore it and will not take the initiative to intervene, that is, the people will not sue the officials. The acceptance of civil litigation is based on the plaintiff's will and prosecution, and the plaintiff must have a direct interest in the case if he wants to file a lawsuit. If the plaintiff files a lawsuit and has no direct interest in the case, he is not qualified as a plaintiff. Here, the plaintiff is required to:
1. The lawsuit must be conducted in its own name. Those who participate in litigation in the name of others are agents ad litem, not parties.
It must have a direct interest in the case, that is, it must participate in the lawsuit for its own rights and interests. If it is for the benefit of others, it does not belong to the plaintiff.
(2) who to sue. Who is the object of litigation and who is the defendant. There must be a "clear defendant" to complain. A clear defendant means that the defendant does exist. Enterprises, institutions or other organizations should have accurate names, and individuals should have names. At the same time, we must also know the basic information of these enterprises, institutions, other organizations or individuals, such as the name, gender, age, nationality, work unit and address of citizens. Enterprises and institutions must have a name, domicile, legal representative or person in charge.
(3) What is the reason to say goodbye to others? In other words, it is necessary to find out what the cause of action is, or what the lawsuit is, because different causes of action apply different laws.
(4) complaining about what to achieve. In other words, the court is required to solve any problem through appeal.
(5) Based on what reason.
What I want to talk about here is the evidence for bringing a lawsuit. To say that others have infringed, it is necessary to explain what rights they have, what rights they have infringed, what actions they have infringed in what way, what consequences they have caused, and what is the causal relationship between infringement and infringement results.
(6) Tell to find the right door.
This is to solve the problem of where to sue. First of all, you have to complain, and then the people's court must be responsible for your complaint. There are many kinds of civil disputes. Litigation is not the only way to solve civil disputes. In addition to litigation, there are people's mediation and arbitration. All cases under the jurisdiction of the people's courts according to the law must be tried by the people's courts, and there is nothing the people's courts can do.
What needs to be clear is that you can go to court without a lawyer. If you have the ability to go to court, of course, you don't need a lawyer, but a lawyer is a professional. If you are not sure, it is better to hire a lawyer to defend yourself to the greatest extent and avoid the losses caused by the wrong application of the law.