Why try not to go to court? In the real society, many people will commit illegal and criminal acts. If their rights and interests are infringed, they should apply to the court for filing a case in time and use legal weapons to safeguard their legitimate rights and interests. Let's find out why we try not to go to court.
Why don't you try to go to court first 1, the litigation process can't afford it.
A series of court procedures are quite complicated. As the plaintiff, the first step is to prepare all kinds of materials, including the indictment, copies of all kinds of identity materials and copies of evidence ... The second step is that before the trial, the judge will inform both parties to submit evidence and make a written defense. The third step is to hold a court session, not to mention the first, second and third trials. ...
Second, it is not cost-effective.
After an employee resigned, he found that the company still owed him one month's salary. After many negotiations with the company, the company ignored him and wanted to consult a lawyer to defend his rights. The lawyer told him: you can only apply to the labor dispute arbitration Committee for arbitration first, and you can't go to court directly; It is necessary to provide the arbitration commission with evidence of a labor contract or a factual labor relationship to prove the monthly salary.
The employee said: these are all ok. What if you can help me with the lawsuit? The lawyer said: We stipulate that the minimum charge is 5,000 yuan regardless of the size of the case. The employee said, forget it. Your lawyer's fee is not enough for me to get my salary back in a month.
Third, the psychological factors of the parties.
In the eyes of many people, the court is a very awe-inspiring place. In the eyes of most people, there is always such a concept: "Don't wash your dirty linen in public, and tear it up when you go to court." If any family is involved in the court, the neighbors will definitely talk about it, which is unacceptable to many people. For another example, if a friend borrows money and doesn't pay it back, once he is sued in court, I'm afraid it will really be a war.
Fourth, the issue of cost.
In fact, the cost of different cases is different, not to mention that cases are generally not perfectly solved in the first instance, and there are a series of expenses for the second instance and retrial. Let's simply calculate an account:
1. Cases without property disputes: for ordinary civil, economic and administrative cases that do not involve property, the fee is between 6,000-100000 yuan through negotiation according to the nature, complexity and time required for work; If foreign-related civil, economic and administrative cases do not involve property, the agency fee shall not be less than 20,000 yuan;
2. Lawyer's witness: According to the nature of legal documents, the required time and other factors, the fee is negotiated between 2000- 10000 yuan/piece.
3. Attorney's notarization: the lawyer's notarization affairs are different, and the negotiation fee is between 1500-3000 yuan/piece;
4. Lawyer's letter and legal opinion: issue a lawyer's letter or legal opinion for the client, and negotiate fees according to the difficulty of related affairs, the purpose of use, the time required for work, etc. , and each set is between1.500-20,000 yuan.
5. Lawyers' investigation: The fees shall be negotiated according to the investigation items. To sum up, all the expenses in the world, big and small, plus your own time cost, lost time, travel expenses and so on. In fact, it is unreasonable to fight a lawsuit of tens of thousands of dollars.
Fifth, it turns out that it is not terrible to go to court, but it is terrible to spend money to lose the lawsuit! Be careful when you want to go to court, and be more careful when you hire a professional lawyer!
Why not go to court as much as possible? 2 The money that may be spent on a lawsuit mainly includes:
1. Legal fees. When a party brings a lawsuit to a people's court, it needs to pay the case acceptance fee and other litigation fees (such as the application execution and pre-litigation preservation fee, the transportation, accommodation, living allowance and lost time for witnesses, appraisers, translators and accountants, etc.). ). The annex is the standard quick calculation table of legal fees payment:
Second, the lawyer's fee. Law is a highly professional technical work, and ordinary people do not have the corresponding knowledge reserves to complete litigation independently. According to the type, complexity and amount of the case, the cost of hiring a lawyer or other litigation agent ranges from several hundred yuan to several million yuan.
Third, the direct costs of the parties. Transportation, accommodation, catering, communication, etc. Costs for the parties and agents ad litem to collect evidence and appear in court in other places.
Fourth, the indirect costs of the parties. Economic losses caused by the court's adoption of property preservation measures to seal up, detain, freeze or guarantee disputed or related property, resulting in abnormal production, operation or use.
5. Fine. Because it may hinder litigation activities, the court ruled to pay a fine. According to the actual situation, my suggestion is that you can consider a lawsuit of 500-65438+ 10,000 yuan, and you can fight a lawsuit of 65438+10,000 yuan.
The second is the time cost. The trial period of first instance for civil litigation that is tried by ordinary procedures is six months, which may be extended by the president's approval. If it needs to be extended, it shall be reported to the higher court for approval; The trial period of second instance is 3 months. If extension is needed, it should be reported to the dean for approval.
In addition, the announcement period, comment period and time for handling jurisdictional objections during the trial period are not included in the trial period. The above process can not be completed by lying at home and calling the court or lawyer. During this period, you have to keep running to the court, see lawyers, see defendants, see the executive board and so on. Therefore, winning the case in the first instance is only the beginning. Maybe after the second trial, the parties are ready to apply for retrial or the third party's right to cancel.
Once again, labor costs. To fight a lawsuit, ordinary people will think of using all social relations and contacts. Will these human feelings be repaid in the future (I always think that human feelings are the most expensive debt)? In addition, do you think that if you sue your relatives and friends, can you reconcile in this life? You sued the company. Can you stay?
Finally, I want to talk about the physical and mental wear and tear that litigation brings to ourselves. We ordinary people are caught in a lawsuit. We must have eaten badly and slept badly. Many people can be several years older after finishing a lawsuit.
To sum up, it is a wise choice for ordinary people not to go to court.
Why not go to court as much as possible? 3. What is the procedure and specific process of litigation?
(A), the first step in litigation-prosecution
Prosecution, in the words of ordinary people, is a complaint. Below we will tell you something about the prosecution.
The prosecution of the parties may not necessarily lead to the initiation of the proceedings. If the legal conditions for prosecution are not met, the court will rule that it will not be accepted. So what is a qualified prosecution?
(1) The prosecution should find the right person.
Finding the right person has two meanings. On the one hand, to complain, you must first become a qualified plaintiff; On the other hand, the other party must be a qualified defendant. What conditions do the plaintiff and defendant in the case need to meet?
First of all, the plaintiff must be a citizen, legal person or other organization that has a direct interest in the case. For example, your father's private house has been rented by others for a long time, and you need a house urgently if you want to get married, so you sue the court in your own name and ask the other party to vacate the house. The court will not accept it because you are not the owner of the property and do not meet the conditions of both parties. As a party, you should meet the following characteristics:
1. Litigation in its own name. Those who participate in litigation in the name of others are agents ad litem, not parties.
2. If you have a direct interest in this case, that is, you participate in litigation for your own civil rights and interests, the civil rights and interests protected by the court belong to your own management and control.
Secondly, the complaint must have a clear defendant. "Defining the defendant" means: First, the basic information of the defendant should be clear, such as the name, gender, age, nationality, work unit and address of the citizen, and the name, domicile, legal representative or person in charge of the legal person or other organization should be clear and specific. Second, the object of action should actually exist, and the deceased citizen or the revoked legal entity cannot be used as the party.
(2) the prosecution should find the right door.
If you want to sue, you want to ask the court for a "statement." First, you have to run the court. All cases that belong to the court's production management according to law must be accepted and tried by the court. It is not enough to think about it. All civil cases that are not under the jurisdiction of the people's courts cannot exercise judicial power, and they can't manage them if they want to.
There are many kinds of civil disputes. Litigation is not the only way to solve civil disputes. In addition, there are people's mediation and arbitration. According to the provisions of China's Civil Procedure Law, the people's courts accept civil actions brought by citizens, legal persons, other organizations and their personal relations.
There are mainly the following categories:
1. Disputes over property relations and personal relations. Such as property ownership, creditor's rights, copyright, personality rights, identity rights and other cases.
2. Cases of disputes over marriage and family relations. Such as divorce and maintenance cases.
3. Disputes arising from business relations. Such as bills, shareholders' equity cases, etc.
4. Cases of economic relations disputes. Such as various contract cases.
5. Labor dispute cases arising from labor relations. Such as dismissal and dismissal cases.
6. Other circumstances stipulated by law, such as voter qualification cases and cases of declaring missing.
(3) The procuratorial organ should be able to write a complaint.
A lawsuit must first have a complaint. The contents of the indictment mainly include: the natural situation of the parties, the litigation request and the facts and reasons on which it is based, the evidence and its source, and the name and residence of the witness. Please refer to the litigation documents section for the specific format. Here, we tell you some places that need special attention:
1, the natural situation of the parties should be accurate and specific. Natural information includes: natural person's name, gender, age, nationality, nationality, employer and domicile; legal person's name and domicile, legal representative's name and position. Among them, the names of natural persons and legal persons are consistent with their identity cards and business licenses, and the domicile of the parties concerned should be accurate, detailed and accurate to the house number.
2. List the cause of action in the complaint. In layman's terms, the cause of action is what lawsuit is being played. For example: you are fighting a divorce lawsuit, and the cause of action is divorce; Because you are fighting a debt collection lawsuit, the cause of action is to write an iou.
3. In the litigation request part, it is necessary to specify what problems you want the court to solve, such as asking for divorce, fulfilling the contract, demanding compensation, etc. If you have several requirements, you should list them one by one.
4. In the fact part, the reason, process and present situation of the dispute between the two sides should be clearly written. The reason part should be based on facts, distinguish right from wrong, clarify responsibilities, and cite relevant laws and regulations to prove it.
5. Indicate the name of the court. In which court to sue, you should write "to the court of ××".
6. At the end of the complaint, write down the time. The natural person shall be signed by himself, and the legal person shall be signed by the legal representative and stamped with the official seal of the legal person unit.
(2) Filing
After writing the complaint, it needs to be submitted to the court for the record. When filing a case, you must first choose the court with jurisdiction, and then submit the complaint, evidence and other related materials. After receiving the notice of court acceptance, wait for the court summons to inform the court to open the session.
(3) Opening a court session
The trial procedure mainly includes court investigation and court debate. Proof and cross-examination in the court investigation stage are highly professional litigation actions. The debate stage is the time to fully explain the factual reasons and legal basis for supporting your own claims. Its purpose is to convince the judge and the other party to admit their views. Wait for the court's decision after the debate.
(4) judgment
If a party refuses to accept the judgment after the hearing, he must appeal within 15 days, that is, during the second trial. Otherwise, the judgment of first instance will take effect, and the disputes between the two parties will be executed according to the judgment.
(v) Implementation
After the judgment comes into effect, if one party refuses to perform its obligations voluntarily within the time limit determined by the judgment, the other party shall apply to the court for compulsory execution in time. If the court refuses to perform the judgment, it may take measures of detention and fine, and if the circumstances are serious, it may be investigated for criminal responsibility.