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Views on the prevention of litigation risks

Release time: August 23, 2019

司法 实践中,平等主体的当事人之间因各种行为引发民事法律关系纠纷,民事诉讼风险确实存在,当事人因客观情况在诉讼中处于不利地位的情况也时有发生, 个人 认为可以 从以下六个方面加以预防 In judicial practice, civil legal relations disputes between parties of equal subjects caused by various actions, the risk of civil lawsuits does exist, and the parties are disadvantaged in the lawsuit from time to time due to objective circumstances. I personally think that it can be done from Prevention .

Prosecute in due course. The statute of limitations of the litigation seems to some parties, and they are often unconcerned, and the idea of “reasonably traveling all over the world” is deeply entrenched in their minds. 利益受损一方丧失胜诉权 However, the legal provisions are not the case. It makes specific and strict provisions on the substantive right of limitation, and once the limitation of litigation is exceeded, the party with the interests lost loses the right to win . ,最长诉讼时效不超过 二十年, 根据 具体案情 而定 The limitation period of civil lawsuits is generally three years , and the maximum limitation period of civil lawsuits is not more than 20 years, depending on the specific circumstances of the case .

Appropriate action. The lawsuit should be based on facts and evidence, and bring a "moisture" litigation request. Without legal support, it must also bear the additional litigation costs due to "moisture". Therefore, the plaintiff's claim must comply with facts and legal requirements. Similarly, the defendant's counterclaim should be realistic.

Prove it correctly. 没有 按照法庭要求及时提供的情况。 Often in the lawsuit, the evidence of some of the parties' opponents was not provided in time as required by the court. In this regard, the judicial interpretation of the Supreme People's Court has clearly stipulated that, in general, the evidence re-enumerated beyond the period of proof specified by the court will no longer be accepted by the court. Therefore, the parties must pay great attention to the time limit for the people's court to provide evidence before the trial.

Respond promptly. In the actual trial, the absent defendant was absent in many cases. The law makes clear the absence of the plaintiff and the defendant. The defendant may be judged in absentia if he has not been summoned to the court without special circumstances. 告有何证据和诉讼请求,法官只审查原告一方提供的证据,往往 原告 利,被告承担没有质证带来的风险,甚至造成一些 “错案”发生。 Especially if the defendant does not appear in court, because he does not know what evidence the defendant has and the litigation request, the judge only reviews the evidence provided by the plaintiff , which is often in the interest of the plaintiff . The defendant bears the risks brought by the lack of cross-examination, and even causes some “mistakes” occur.

Entrust others for legal help. Due to the limitation of legal knowledge, a considerable part of the parties do not know much about civil proceedings and have weak litigation capacity. The best way is to hire an agent who is familiar with legal knowledge, such as lawyers, legal workers, relatives and friends .

Appropriate application of mediation. 当事人自身利益的 保障 In civil litigation, mediation is an indispensable procedure of the people's court and it is also a guarantee of the parties' own interests . When a party in a civil lawsuit may be defeated, actively requesting the judge to mediate mediation without losing dignity and reducing their own economic losses.

子长县人民检察院 王平 编辑:胡安辉 (Author: Sub-County People's Procuratorate Wang Ping long Editor: Hu Anhui)

 



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