Extended data:
All marriage and family cases must be mediated first.
The case failed in court mediation, which means that the two sides failed to reach a mediation agreement. Then the court will hold a hearing in the next step, and the trial should go through the procedure seriously. First, the plaintiff filed a lawsuit first, and the defendant replied; The second is court investigation, proof and cross-examination; Third, the court debate; Fourth, the final statement. The procedure of opening a court session in civil cases is roughly like this, and some simple cases will be simplified.
However, no matter how simple the case is, it is also related to the rights and interests of both parties, so we must prepare carefully. At the hearing, if you are the plaintiff, you should first sort out your opinions and see if there are any parts that need to be supplemented or revised. Secondly, we should bring good evidence, sort out the list of evidence, and sort out the original and copy of evidence in the order of the list of evidence. Both the judge and the opposing party want to see the original. At the same time, it is necessary to predict the evidence that the other party may have against himself and the cards that may be played, and think in advance how you will cross-examine and refute once the other party shows these; Third, personal arguments should be prepared, and if lawyers represent them, proxy words should be prepared.
Litigation is really a technical job. As a lawyer, I devote myself to every case, big or small. First of all, I am fully prepared to form a litigation plan, collect evidence, make a list of evidence, and write an agency opinion. And then fully communicate the case with the parties, think from the worst situation, work hard in the best aspect, and strive for the best result. When a case wins, I am simply happier than the client.
The execution of objections must meet three conditions:
1. The subject who has the right to raise execution objection must be the outsider, not the party. In the process of execution, the applicant and the respondent may also have different opinions on court execution, but this is not an execution objection. If the person applying for execution and the person against whom the application is made think that the basis of execution is indeed wrong, they may report it to the person subjected to execution and solve it through the procedure of trial supervision.
2. The person claiming the right to the subject matter of execution must be an outsider. If the outsider only puts forward his own opinions or suggestions on the execution of the court, this is not an execution objection.
3. The execution objection must be raised before the end of the execution procedure. If the execution procedure ends and the outsider raises an objection again, it is a new dispute and should be resolved through a new litigation procedure, not as an execution objection.
There are two ways to appeal against the final judgment:
First, directly appeal to the higher people's court and ask the court to start the retrial procedure; However, it is necessary to provide evidence that can prove that the original judgment is indeed wrong;
The second is to file a complaint with the appeal office of the people's procuratorate at the same level and apply for the procuratorial organ to start the trial supervision procedure to protest; Also need to provide corresponding evidence;
Because the people's procuratorate has not stipulated the time limit for reviewing criminal appeal cases, some parties have appealed to the procuratorate many years after the judgment of the court or the decision of the procuratorate. Because the original evidence has changed, although many cases have consumed a lot of manpower, material resources and financial resources, they are still difficult to find out, resulting in a huge waste of judicial resources. So does stipulating the limitation of criminal appeal mean depriving the parties of the right to appeal? No, for the following reasons:
1. stipulates that the limitation of appeal is not to limit the parties' right of appeal, but to make the parties' right of appeal clear and concrete, which is more conducive to the procuratorial organs and other judicial organs to review and investigate the appeal cases, so as to correct the real misjudged cases and safeguard the correct judgments and decisions.
2. Setting the time limit for appeal can make the parties exercise their right of appeal more timely and effectively. If the parties fail to exercise their rights within the prescribed appeal period, it means that the parties have given up this right. Of course, if the parties are unable to exercise the right to appeal due to reasons other than will, it can be regarded as the interruption of the limitation of appeal, and the limitation of appeal will continue to be counted after the reasons other than will are eliminated.
3. Stipulating the appeal time limit can make the procuratorial organ examine the criminal appeal case more effectively and find out the facts of the case more thoroughly. With the passage of time, people's memory will be indifferent, some people will die, the scene will change its original state, audio-visual materials will lose its original effect, and so on, which will bring many difficulties to the examination of criminal appeal cases, and the longer the time, the more the objectivity of evidence will be lost and the more difficult it will be.
A criminal case refers to a case in which a criminal suspect or defendant is accused of violating social relations protected by criminal law and is investigated, tried and given criminal sanctions (such as fines, fixed-term imprisonment, death penalty, deprivation of political rights, etc.) by the state. ) in order to investigate the criminal responsibility of criminal suspects or defendants. Basic features:
(a) the external performance is a form of direct infringement;
(2) Most cases have obvious crime scenes;
(3) The causal connection of the case is complicated and diverse;
(4) The formation of the case is staged and sudden.
Civil cases generally follow the principle of non-litigation, that is, the parties do not take the initiative to raise it with the state judicial organs, and the state judicial organs generally do not intervene in disputes between the parties. In criminal cases, the national criminal judicial organs usually take the initiative to intervene. After the victim or the masses report the case, the public security and procuratorial organs will intervene in the investigation. Then the people's procuratorate prosecuted the defendant on behalf of the state, and the court, as a judge of the law, conducted a fair trial to achieve the criminal law purpose of punishing criminals and protecting the people.