Can't a lawyer go to court?
Yes, you can.
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 I said above, this is already a situation, and courts usually 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.
How to get to the court
First, how to prosecute, the prosecution is a complaint in the words of ordinary people, and to complain, we must first understand the following issues:
1, can you say goodbye to someone?
2. Who should I sue?
3. What's the reason to say goodbye?
4. What do you want to achieve by complaining?
5. Why are you complaining?
6. Where to sue?
(1) The plaintiff is a person who can say goodbye and complain. The so-called plaintiff refers to a person who brings a lawsuit to the people's court in his own name to protect his legitimate rights and interests, thus causing a lawsuit. 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 should be noted here that even if the child is underage, parents cannot file a lawsuit in their own name, but must file a lawsuit in the name of the child. At this time, parents are only guardians of children, not direct stakeholders. The real stakeholders are children, and their parents are only their legal agents or guardians. Usually, some people don't pay attention to distinguish this point. Parents often file lawsuits in their own names for the benefit of their children. The consequences will be the following two situations, namely 1 dropping the lawsuit on its own. 2 was rejected by the court.
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. Of course, if the deceased citizen or the cancelled enterprise or institution does have economic contacts with the plaintiff, and it is necessary for the rights and obligations of the deceased citizen or the rights and obligations of the cancelled enterprise or institution, otherwise it is impossible to bring a lawsuit against him. Of course, the defendant referred to here may or may not be the defendant, but at least one of them must be the defendant, otherwise the plaintiff will bear the legal responsibility for making mistakes.
(3) What is the reason to say goodbye to others? That is to say, it is necessary to find out what the cause of action is, or what the lawsuit is, because the laws applicable to different causes of action are different. For example, if you buy a commodity, some will file a lawsuit on the grounds of the sales contract, and some will file a lawsuit on the grounds of infringing on the rights and interests of consumers. If a lawsuit is brought on the grounds of the sales contract, the civil law (202 1. 1) can only be applied to investigate the other party's liability for breach of contract; When bringing a lawsuit on the grounds of infringement, the Consumer Protection Law can be applied, and sometimes even the other party can be asked to double indemnity. Sometimes the same case can be prosecuted from different angles. If the same patient is cut off by the hospital for no reason, the patient may file a medical accident compensation dispute, a personal tort dispute or a medical service contract dispute. These are all allowed by law. According to China's current laws, there are mainly the following types of civil disputes:
(4) What is the purpose of the complaint? This includes litigation. What's the claim? In other words, what problems require the court to solve by filing a complaint, such as asking for the dissolution of the marriage, asking for the performance of the contract and asking for compensation. Sometimes in a case, there will be many claims, such as reputation disputes. The claim is as follows: 1. Ask the defendant to stop infringing the plaintiff's reputation right; 2. Request the defendant to compensate the plaintiff for the loss of reputation and spirit of RMB 1000 yuan; 3. Ask the defendant to apologize to the plaintiff in the publicly issued newspapers and periodicals. These claims should be clear and specific, because the people's court only hears civil actions within the scope of the parties' claims, and the people's court may not hear them beyond the scope of the claims. So when you complain, if there are several claims, you should write a few, and don't miss the claims.
(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. Before filing a complaint, we must collect enough evidence to support the claim, otherwise, we should examine whether the claim is based on facts and whether it is supported by evidence. According to the provisions of China's civil procedure law, whoever advocates gives evidence. As a plaintiff, since a lawsuit is to be filed, the person who wants to bid farewell must bear the burden of proof, otherwise there will be a result of saying nothing, and the people's court will dismiss the lawsuit on the grounds of insufficient evidence. We will explain the evidence in detail below.
What needs to be pointed out here is that 1 litigation is not in anger, which must be made clear from the beginning of the prosecution, otherwise it is impulsive. In litigation, especially in civil litigation, we should also pay attention to efficiency. If you can't get any benefits for yourself through litigation, or the benefits are not great, there is no need to file a lawsuit. Otherwise, it is a waste of people and money, our manpower, material resources and energy, and the judicial resources of the country. At the same time, it will also cause unnecessary mental burden to the other party and affect social stability. Of course, bringing a public interest fact lawsuit is another matter.
(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. Any case that is not under the jurisdiction of the people's court can't be managed even if the court wants to. Therefore, the prosecution should first be within the jurisdiction of the people's court, and the prosecution should be under the jurisdiction of the court. Secondly, if you want to complain, then the complaint must be within the jurisdiction of the people's court. What is to be solved here is which court should accept it, which involves the jurisdiction of the court. Jurisdiction refers to the division of labor and the determination of authority between courts at all levels and courts at the same level to manage civil cases of first instance in the court system.
After understanding the above problems, we must also do the following:
1. The indictment shall be submitted to the people's court for prosecution, and a copy of the indictment shall be submitted according to the number of defendants. The complaint of prosecution can make the cause and reason of prosecution clear and affirmative, which is convenient for the people's court to examine and accept and organize the trial. The plaintiff is required to submit a copy of the complaint according to the number of defendants, which is convenient for the defendants to reply, protects their legitimate rights and interests, and helps the trial to proceed smoothly. If the defendant receives a copy of the complaint and automatically performs his obligations, he may also be exempted from unnecessary litigation.
2, the prosecution must pay the necessary litigation costs. Unlike the criminal litigation costs borne by the state, the civil litigation costs are borne by the parties in principle. Specifically, it is borne by the losing party. This is because civil litigation is mainly for the interests of the parties and should be borne by the parties. Secondly, unnecessary disputes can be limited. If the losing party is not required to bear the litigation costs free of charge, all the costs will be borne by the state, which will easily lead to the tendency of some people not to go to court easily or easily. The court will spend a lot of time and manpower on unnecessary disputes, so all countries in the world stipulate that the costs of civil litigation should be borne by the parties themselves. However, this kind of payment only belongs to the nature of advance payment. After the lawsuit is over, who will bear the legal fees will be clearly stated in the legal documents that come into effect in the court. If you really can't afford to pay the legal fees, and your legitimate rights and interests are in urgent need of legal protection, you can apply to the court for reducing the legal fees. If the court fails to pay the legal fees on time, nor does it apply for reduction, exemption or deferment of the legal fees, the people's court will dismiss the lawsuit and the lawsuit will not continue.
If you have the ability to go to court, it is certainly possible not to hire a lawyer. But we have to believe that lawyers are professionals. If we are not sure, we suggest hiring a lawyer. I hope to have a more comprehensive and in-depth understanding of the problem through the above contents.