China's legal system provides a second trial of Final Appeal. The so-called second-instance system of Final Appeal, no matter what the case is up to the two people's court will come to the end of the treatment, the lawsuit can not continue to suppress. Local people's courts at any level have not yet tried a case before trial, the trial process is called the first instance.
The Court of First Instance of the first trial or convicted of, not immediate legal effect of the judgement or ruling (not allowed to appeal the ruling, except). Parties against first instance decision, ruled that the higher people's courts can appeal the higher court requesting a new trial to correct the people's court judgement or convicted of first instance in the wrong. People's Procuratorate, made his indictment for the case that the first instance by the People's Court made a wrong judgement or ruling, the higher people's courts can also be prosecuted for a retrial, correct its mistakes. The people's court of first instance on the court, according to the parties or the public prosecution appeal or appeal, the trial has been the case re-tried, re-judgement, the trial process is called Dier Shen. Dier Shen law is intended to help Dier Shen, the first instance found and corrected the error, there would still be subject to Dier Shen rulings and verdicts against, but Dier Shen made by the people's court judgement or ruling, the final decisions and rulings , Here, on the handling of the case concluded, the parties can not appeal to the higher court, requesting a retrial. If the parties to Dier Shen made by the court's decision, ruled against, the only complaints can not be appealed. Dier Shen appeal does not affect the judgement or ruling the force of law. Is to be noted that after a maximum of two cases the court will come to the end of the treatment, is not to say that each case must go through two court before the end of the treatment. Parties to the people's court of first instance judgement, ruled that whether or not satisfied with the appeal period not to appeal, criminal cases in the People's Procuratorate have not filed appeals, the deadline for industry, judgement, ruling on a legal effect, so as not Dier Shen recurrence of the problem. In addition, in some cases the parties in court has ordered the mediation agreement, if the parties accept the mediation of the people's courts, mediation of the immediate effect and will not happen again Dier Shen problems
25 Jul 2008
Action lawsuit in the debt dispute cases which should provide evidence
To fight the debt dispute lawsuit, filed in the people's court proceedings, it must provide the following evidence:
First, the plaintiff (creditors) should provide include:
1. And the defendant can prove that exists between the claims of evidentiary material. Such as contracts, Jietiao, receipts, Qiantiao;
2. Fulfil their obligations and have accused overdue obligations to the evidence. If money in Ho Ho on the way through to the defendant and the defendant is not due to return, and to provide the best claims, the debtor is no proof of relationship;
3. If the guarantor or references, we must provide a guarantor or references to the name, sex, age, work units, home address, if the security units, to provide the name, address, the legal representative, etc.;
4. On the defendant's reasons for not fulfilling obligations of the evidence.
Second, the main defendant has provided sufficient proof of debt discharge or change has occurred, the abolition of the evidence. If the offer is a forgery, cheating nature of the material, will have to bear legal responsibility.
First, the plaintiff (creditors) should provide include:
1. And the defendant can prove that exists between the claims of evidentiary material. Such as contracts, Jietiao, receipts, Qiantiao;
2. Fulfil their obligations and have accused overdue obligations to the evidence. If money in Ho Ho on the way through to the defendant and the defendant is not due to return, and to provide the best claims, the debtor is no proof of relationship;
3. If the guarantor or references, we must provide a guarantor or references to the name, sex, age, work units, home address, if the security units, to provide the name, address, the legal representative, etc.;
4. On the defendant's reasons for not fulfilling obligations of the evidence.
Second, the main defendant has provided sufficient proof of debt discharge or change has occurred, the abolition of the evidence. If the offer is a forgery, cheating nature of the material, will have to bear legal responsibility.
What should pay attention to civil issues
(1) the court hearing cases, the principle of non been ignored. For civil disputes, the parties to the court not to prosecute, the court did not take the initiative to file for trial. Accordingly, if the parties think that they were against the legitimate rights and interests, should take the initiative to the courts, asked the court dealt with according to law.
(2) to the jurisdiction of the court case to prosecute.
The question of the jurisdiction of the case, the law has clear provisions. To which the parties not to prosecute on the court to which the court charged the court can not want to close the case on which to which the case.
(3) the prosecution to submit their pleadings. Written pleadings, the general norms of the court proceedings to use paper, use a brush or pen, the use of black or black-ink writing. Format to meet the requirements, the level should make it clear, the focus should be prominent, and handwriting to Gongzheng. The figures in the pleadings, in addition to the case, percentage terms, and other professionals, have to use Chinese characters, should not use Arabic numerals. Pleadings on the left side, it is necessary to have a binding line.
(4) want to win a lawsuit, which is the fundamental facts and the law. To make clear to the court on how to work hard facts. To the court to give evidence and the evidence leads. Through the prosecution or defence, the court investigation, the court debate and other activities, all of the words should speak out. We must pay attention to studying the law, saying the idea on. Only adhere to the facts and information on the law, can be successful.
(5) throughout the trial proceedings is the central link, every step should not be negligent. In particular, check evidence in court stage, is conducive to each other but not with the facts of perjury, the importance of timely expose and refute, and should provide new evidence to be denied. Notice evidence is the basis for the court decision, the evidence of negligence on the issue, will make their own in a passive situation. Of course, on this issue to seek truth from facts, not unreasonably argue one-third. If no conclusive evidence to their case, should also be recognized. Because after all is really true, because they will not refute it will become true.
(6) attention should be paid to the role of the settlement. If for any reason, the court mediation missed the opportunity to be commissioned by the friends and relatives, agents or other people from the coordination to fight for reconciliation. Reconciliation with the way closed, are beneficial to both sides.
(2) to the jurisdiction of the court case to prosecute.
The question of the jurisdiction of the case, the law has clear provisions. To which the parties not to prosecute on the court to which the court charged the court can not want to close the case on which to which the case.
(3) the prosecution to submit their pleadings. Written pleadings, the general norms of the court proceedings to use paper, use a brush or pen, the use of black or black-ink writing. Format to meet the requirements, the level should make it clear, the focus should be prominent, and handwriting to Gongzheng. The figures in the pleadings, in addition to the case, percentage terms, and other professionals, have to use Chinese characters, should not use Arabic numerals. Pleadings on the left side, it is necessary to have a binding line.
(4) want to win a lawsuit, which is the fundamental facts and the law. To make clear to the court on how to work hard facts. To the court to give evidence and the evidence leads. Through the prosecution or defence, the court investigation, the court debate and other activities, all of the words should speak out. We must pay attention to studying the law, saying the idea on. Only adhere to the facts and information on the law, can be successful.
(5) throughout the trial proceedings is the central link, every step should not be negligent. In particular, check evidence in court stage, is conducive to each other but not with the facts of perjury, the importance of timely expose and refute, and should provide new evidence to be denied. Notice evidence is the basis for the court decision, the evidence of negligence on the issue, will make their own in a passive situation. Of course, on this issue to seek truth from facts, not unreasonably argue one-third. If no conclusive evidence to their case, should also be recognized. Because after all is really true, because they will not refute it will become true.
(6) attention should be paid to the role of the settlement. If for any reason, the court mediation missed the opportunity to be commissioned by the friends and relatives, agents or other people from the coordination to fight for reconciliation. Reconciliation with the way closed, are beneficial to both sides.
Lawyers can do for you what
(A) First of all, lawyers have the following rights:
1, lawyers, personal liberty and restrictions against illegal deprivation of the inviolability of human dignity, reputation will not be harmed.
2, lawyers from the proceedings, may collect inspection and the case materials can be restriction of personal freedom and the criminal suspects and defendants met and communication; agents attended the court to participate in legal proceedings, the provisions of procedural law and enjoy other rights.
3, lawyers contractor cases, the relevant units or individuals to investigate the situation.
(B) lawyers have a professional legal knowledge, can be entrusted with the following services:
Acting civil ◆
1, the first-instance cases the plaintiff's agent
2, the first case the defendant's agent
3, in a civil case in the trial supervision procedures Acting
4, in the implementation process of Acting
Acting Criminal ◆
1, for criminal suspects to provide legal aid
2, as counsel to review the indictment stage.
3, defenders of the indictment of first instance cases
4, the second-instance cases defender indictment
5, the indictment cases the victims agents
6, as an agent of Private Prosecution case
7, as an agent of the accused Private Prosecution case
8, as civil parties with an agent
9, as an agent of criminal appeal cases
◆ Acting Administrative Litigation
1, in the first trial of agent
2, in the second trial of agent
3, the agent in the complaint
◆ for non-litigation legal services
1, the Legal Adviser
2, agents arbitration
3, the Acting Administrative Reconsideration
4, asked to answer legal
5, Daishu
◆ for financial and securities law matters
1, foreign debt registration
2, the stock issuing and listing
◆ intellectual property rights for Legal Affairs
1, copyright business
2, franchised business
3, trademarks, business
4, the agent of unfair competition cases
◆ the sale of real estate for Legal Affairs
1, to participate in negotiations
2, contractors, developers credit investigation
3, the contract review
4, charge d'affaires pre-sale registration of the contract
◆ other companies and individuals legal affairs within the scope permitted by law all legal affairs
1, lawyers, personal liberty and restrictions against illegal deprivation of the inviolability of human dignity, reputation will not be harmed.
2, lawyers from the proceedings, may collect inspection and the case materials can be restriction of personal freedom and the criminal suspects and defendants met and communication; agents attended the court to participate in legal proceedings, the provisions of procedural law and enjoy other rights.
3, lawyers contractor cases, the relevant units or individuals to investigate the situation.
(B) lawyers have a professional legal knowledge, can be entrusted with the following services:
Acting civil ◆
1, the first-instance cases the plaintiff's agent
2, the first case the defendant's agent
3, in a civil case in the trial supervision procedures Acting
4, in the implementation process of Acting
Acting Criminal ◆
1, for criminal suspects to provide legal aid
2, as counsel to review the indictment stage.
3, defenders of the indictment of first instance cases
4, the second-instance cases defender indictment
5, the indictment cases the victims agents
6, as an agent of Private Prosecution case
7, as an agent of the accused Private Prosecution case
8, as civil parties with an agent
9, as an agent of criminal appeal cases
◆ Acting Administrative Litigation
1, in the first trial of agent
2, in the second trial of agent
3, the agent in the complaint
◆ for non-litigation legal services
1, the Legal Adviser
2, agents arbitration
3, the Acting Administrative Reconsideration
4, asked to answer legal
5, Daishu
◆ for financial and securities law matters
1, foreign debt registration
2, the stock issuing and listing
◆ intellectual property rights for Legal Affairs
1, copyright business
2, franchised business
3, trademarks, business
4, the agent of unfair competition cases
◆ the sale of real estate for Legal Affairs
1, to participate in negotiations
2, contractors, developers credit investigation
3, the contract review
4, charge d'affaires pre-sale registration of the contract
◆ other companies and individuals legal affairs within the scope permitted by law all legal affairs
Civil flow chart
The first trial
Prosecution
The court has the jurisdiction to file court petitions submitted
On file for review
On file with the conditions, the parties seven days notice pay legal costs to be paid after the file
Do not meet the conditions on file
Ruled inadmissible
Decided to reject the prosecution
Against
10 days to appeal to a higher-level people's courts.
After the admissibility
Court five days a copy of an indictment will be served on the other party, the other party 15 days to reply
Notify the parties to exchange evidence
According to the parties may apply to property preservation convicted, and immediately begin the implementation of
Scheduled trial
Notify the parties in advance on the 3rd session of time, place, contractors
An open trial of the case early on the 3rd to notice
Trial
Announced the court to verify identity of the parties, announced that members of the Full Court to inform the rights and obligations of the parties, asked whether to apply for evading
Court investigation: party to present the facts of the case
The burden of proof Testimony: inform the rights and obligations of witnesses, witness testimony, not present in court to read out the testimony of witnesses, to produce documentary evidence, exhibits and audio-visual materials; parties to express their views on the evidence
Court debate: the parties on the disputed factual and legal issues, rebuttal and demonstration
Court mediation: in the courts, under the auspices of the parties agreement to resolve disputes
The settlement agreement reached
Production of the mediation, the parties after the date of receipt
The parties to mediation or the contents of the application for enforcement
To the court told the Court for retrial
The settlement agreement is not reached
Full Court ruled collegiate (sentencing)
Consent judgement
Automatic parties fulfil the obligations established by a magistrate or instruments to the hospital I told the Chamber for the implementation of
Do not agree with referee
Convicted of: the date of service of 10 days to appeal to a higher-level people's courts
Decision: the date of service of 15 days to appeal to a higher-level people's courts
Appeal
Contractors to submit to the court on the pleadings, and provisions to pay the appeal fee, five days served on the court to the other party a copy of the complaint, the other party 15 days to reply
Second-instance trial
Upheld the original verdict
Revision
Play a retrial
After the sentencing
Automatic parties fulfil the obligations established by a magistrate or instruments to the hospital I told the Chamber for the implementation of
If dissatisfied, raised to a higher-level People's Court for retrial
The second trial
File
The parties refused to accept the Court of First Instance judgement or ruling, the legal time limit to the Court of First Instance or higher-level People's Court of Appeal
Second-instance court to review the Court of First Instance handed over materials and files an appeal, with conditions, be on file
The exchange of evidence
Appeal ruling: also told the Court of Review directly with the determination
Appeal's judgement
Court (the basic facts of the case clearly, can not trial, but must conduct talks with the parties)
Notify the parties in advance on the 3rd session of time, place, contractors
An open trial of the case early on the 3rd Notice
Transferred to the courtroom trial
Announced the court to verify identity of the parties, announced that members of the Full Court to inform the rights and obligations of the parties, asked whether to apply for evading
Court investigation: party to present the facts of the case
The burden of proof Testimony: inform the rights and obligations of witnesses, witness testimony, not present in court to read out the testimony of witnesses, to produce documentary evidence, exhibits and audio-visual materials; parties to express their views on the evidence
Court debate: the parties on the disputed factual and legal issues, rebuttal and demonstration
Court mediation: in the courts, under the auspices of the parties agreement to resolve disputes
Collegial to the full court ruling
Upheld the original verdict
Revision
Fahuizhongshen
Sentencing
Automatic parties fulfil the obligations established by a magistrate or instruments to the Court of First Instance for the implementation of
To the second-instance court told the appeals court to submit written materials
For retrial
The settlement agreement reached
Production of the mediation, the parties after the date of receipt
Prosecution
The court has the jurisdiction to file court petitions submitted
On file for review
On file with the conditions, the parties seven days notice pay legal costs to be paid after the file
Do not meet the conditions on file
Ruled inadmissible
Decided to reject the prosecution
Against
10 days to appeal to a higher-level people's courts.
After the admissibility
Court five days a copy of an indictment will be served on the other party, the other party 15 days to reply
Notify the parties to exchange evidence
According to the parties may apply to property preservation convicted, and immediately begin the implementation of
Scheduled trial
Notify the parties in advance on the 3rd session of time, place, contractors
An open trial of the case early on the 3rd to notice
Trial
Announced the court to verify identity of the parties, announced that members of the Full Court to inform the rights and obligations of the parties, asked whether to apply for evading
Court investigation: party to present the facts of the case
The burden of proof Testimony: inform the rights and obligations of witnesses, witness testimony, not present in court to read out the testimony of witnesses, to produce documentary evidence, exhibits and audio-visual materials; parties to express their views on the evidence
Court debate: the parties on the disputed factual and legal issues, rebuttal and demonstration
Court mediation: in the courts, under the auspices of the parties agreement to resolve disputes
The settlement agreement reached
Production of the mediation, the parties after the date of receipt
The parties to mediation or the contents of the application for enforcement
To the court told the Court for retrial
The settlement agreement is not reached
Full Court ruled collegiate (sentencing)
Consent judgement
Automatic parties fulfil the obligations established by a magistrate or instruments to the hospital I told the Chamber for the implementation of
Do not agree with referee
Convicted of: the date of service of 10 days to appeal to a higher-level people's courts
Decision: the date of service of 15 days to appeal to a higher-level people's courts
Appeal
Contractors to submit to the court on the pleadings, and provisions to pay the appeal fee, five days served on the court to the other party a copy of the complaint, the other party 15 days to reply
Second-instance trial
Upheld the original verdict
Revision
Play a retrial
After the sentencing
Automatic parties fulfil the obligations established by a magistrate or instruments to the hospital I told the Chamber for the implementation of
If dissatisfied, raised to a higher-level People's Court for retrial
The second trial
File
The parties refused to accept the Court of First Instance judgement or ruling, the legal time limit to the Court of First Instance or higher-level People's Court of Appeal
Second-instance court to review the Court of First Instance handed over materials and files an appeal, with conditions, be on file
The exchange of evidence
Appeal ruling: also told the Court of Review directly with the determination
Appeal's judgement
Court (the basic facts of the case clearly, can not trial, but must conduct talks with the parties)
Notify the parties in advance on the 3rd session of time, place, contractors
An open trial of the case early on the 3rd Notice
Transferred to the courtroom trial
Announced the court to verify identity of the parties, announced that members of the Full Court to inform the rights and obligations of the parties, asked whether to apply for evading
Court investigation: party to present the facts of the case
The burden of proof Testimony: inform the rights and obligations of witnesses, witness testimony, not present in court to read out the testimony of witnesses, to produce documentary evidence, exhibits and audio-visual materials; parties to express their views on the evidence
Court debate: the parties on the disputed factual and legal issues, rebuttal and demonstration
Court mediation: in the courts, under the auspices of the parties agreement to resolve disputes
Collegial to the full court ruling
Upheld the original verdict
Revision
Fahuizhongshen
Sentencing
Automatic parties fulfil the obligations established by a magistrate or instruments to the Court of First Instance for the implementation of
To the second-instance court told the appeals court to submit written materials
For retrial
The settlement agreement reached
Production of the mediation, the parties after the date of receipt
The civil trial period
According to "People's Supreme Court on the case for strict implementation of certain provisions of the system", the general application of the first instance trial proceedings in civil cases, the period of six months with special circumstances need to be extended, approved by the President of the Court, may be extended 6 months, it will be extended,the people's court approval, can be further extended by three months.
Applicable summary trial of civil cases, a period of three months.
Application of the special procedures of trial of civil cases, the period of 30 days; need to extend the special circumstances, approved by the President of the Court, can be extended on the 30th, but hearing the case must be eligible voters in the recently concluded elections.
Ship Collision first instance trial, the case of the general average period of one year with special circumstances need to be extended, as the President of the Court approval can be extended by six months.
Hearing on the civil judgement of the appeal cases, trial period of three months with special circumstances need to be extended, as the President of the Court approval can be extended by three months.
The civil trial ruled on the appeal case, the trial period of 30 days.
The fines, civil detention for reconsideration against the decision, the deadline for hearing on the 5th.
Foreign-related civil trial, the trial Shegang, Macao, Taiwan, the period of civil cases from the trial period restrictions.
Retrial convicted of civil cases, according to the retrial apply different procedures, were the implementation of first instance or Dier Shen trial period requirement.
Excluding civil cases during the period following the trial period: Notice to identify the period; hearing the parties raised objections to the jurisdiction and the jurisdiction of the Court disputes between the period; Investigations by the relevant professional bodies audit, evaluation, during the liquidation of assets; suspension of proceedings , Suspension or tried to resume the implementation of the proceedings, trial or resume the implementation of the period, the parties reach a settlement or to provide the implementation of security, enforcement of court decisions during the stay of execution; higher-level People's Court suspended the implementation of the notice period; implementation of the auction, the sale was closed down , The seizure of property during the period.
Applicable summary trial of civil cases, a period of three months.
Application of the special procedures of trial of civil cases, the period of 30 days; need to extend the special circumstances, approved by the President of the Court, can be extended on the 30th, but hearing the case must be eligible voters in the recently concluded elections.
Ship Collision first instance trial, the case of the general average period of one year with special circumstances need to be extended, as the President of the Court approval can be extended by six months.
Hearing on the civil judgement of the appeal cases, trial period of three months with special circumstances need to be extended, as the President of the Court approval can be extended by three months.
The civil trial ruled on the appeal case, the trial period of 30 days.
The fines, civil detention for reconsideration against the decision, the deadline for hearing on the 5th.
Foreign-related civil trial, the trial Shegang, Macao, Taiwan, the period of civil cases from the trial period restrictions.
Retrial convicted of civil cases, according to the retrial apply different procedures, were the implementation of first instance or Dier Shen trial period requirement.
Excluding civil cases during the period following the trial period: Notice to identify the period; hearing the parties raised objections to the jurisdiction and the jurisdiction of the Court disputes between the period; Investigations by the relevant professional bodies audit, evaluation, during the liquidation of assets; suspension of proceedings , Suspension or tried to resume the implementation of the proceedings, trial or resume the implementation of the period, the parties reach a settlement or to provide the implementation of security, enforcement of court decisions during the stay of execution; higher-level People's Court suspended the implementation of the notice period; implementation of the auction, the sale was closed down , The seizure of property during the period.
Purchase contract signed lawyers teach you how 12 strokes
[1] tricks
Change information service delivery
Developers change any of the information requested, a written notice to home buyers, that is, the Post's EMS service forms.
Change can guarantee that the information notice to the buyers, also facilitates the retention of evidence.
[2] tricks
Office of the contract over loans
To clear in the contract agreement, if Banbuxialai loans, we must unconditionally rescission, to return the deposit and paid Fangkuan to avoid buyers funds apply or damaged.
[3] tricks
Property specific date for certification to the
In the contract expressly agreed to permit the property rights to do down the date, must be specific to this day. At the same time, property rights agreement can not be on schedule for certification of non-responsibility.
[4] tricks
Parking fees distinction between the management fees
If the purchase of the property with parking spaces, then pay the cost, just to pay property management fees equivalent to the nature of the management fee, it should be clear in the contract.
[5] tricks
Quality solutions ahead of schedule set
After the issue appeared on the quality of the solutions to express agreement. Can also agreed housing and ancillary equipment durability.
[6] tricks
Zhang pool of the floor plan.
Under normal circumstances, the towers of the pool was 18 to 26 percent, the pool Banlou was 14-16 percent. Jiaofang area when the error ± 3% above can check-out.
The buyers signed a contract, will allow developers to pool area and the Inner area were clearly written, and ask developers in the contract of an entire floor of the pool floor plan or project. At the same time agreed by the same construction area and a building area of Inner error, and the pool area and the Inner construction area are changing the approach.
[7] tricks
Original in the company is an excuse
Sales, often to an "original company" as an excuse, declined to buyers asked to see five of the original permit requirements. In fact, a copy of the certificate of adoption, the Internet can find out its authenticity.
In addition, in the purchase contract with "assure the sale of 'five cards' authenticity, the authenticity led to check-out, double the return of the sale were paid Fangkuan" button.
[8] tricks
Housing location map can not be less
In the contract, to floor, clearly marked, and that the entire floor of the House plan and the buyers purchased by the studio's location in the building indicated that these plans will be attached to the contract back and asked developers seal.
[9] tricks
The seller must first formal contract signing
The seller to adhere to the signing, the buyer after the signing, and do not have a blank in the contract (that is, the space is zoned to use horizontal line). Contracts on both sides by stamping Qifeng Zhang, a page chapter, individual buyers have the signature page.
[10] tricks
Agreed to the date of electricity
Jiaofang, water, electricity, gas, and so should achieve normal conditions of use, but Jiaofang used by the electric power is often temporary, should be agreed in the contract for the temporary use of electricity consumption to date.
[11] tricks
Fine decoration eliminate "high-grade"
The fine decoration of the event, the contract must be used in the decoration materials, brands, standards, construction technology, color, price, and so clearly written, which can not be "luxury" and "import" and "upscale" and other such vague wording.
[12] tricks
To the argument of force majeure
In accordance with the "General Principles of Civil Law", force majeure is not predictable, inevitable not overcome the objective circumstances, such as earthquake, fire, war, and so on.
Here, special attention should be given "force majeure" is how the agreement.
If a "non-seller of reasons, the authorities delayed issuing the document of approval; anomalies encountered in the construction of inclement weather, the major technical issues can not be solved in time the" safe harbor provisions of people buying houses should not be accepted.
[6] Misunderstanding
Misunderstanding 1: sign a formal contract before signing offers
Offers will not be executed, to remind potential buyers must sign Shen offers. Optimistic about the proposed buyers, direct purchase contracts signed with the developers.
Mistakes 2: The contract will use the new model contracts
March 15, the city launched the new version of model contracts for purchase. This model is recommended template, the template is not compulsory. At present, as long as the developer of the contract after filing the relevant departments, we can use.
Misunderstanding 3: Housing and buy the same model of inter -
Many did not build in the event of the model, its actual size generally have a number of large, and most of the model are not installed Heating, looks more spacious. In fact, the model of the future and existing homes are often not fully consistent.
Mistakes 4: Mortgage Housing not get the deed
Many owners of mortgage purchases that did not pay off the loan before the property is not get permits. In fact, pay the first payment, monthly loan and the owners of a one-time payment Fangkuan with the owners of the property rights of the card should be the same time, owners of mortgage purchases of mortgages for housing only to procedures, banks and developers have the right to Seizure of property owners permit.
Mistakes 5: The distinction between the concept of high-level agreed in the contract
Inner construction area and the pool area and is bought by the housing construction area;-storey room does not mean that the clear height. Refers to the floor of the high roof to the centerline of the centerline distance, clear height is the distance from ground to roof, and the high level it is difficult to measure, clear height is very easy to measure, agreed in the contract the buyer clear height favorable .
Mistakes 6: maintenance fund, contract taxes have developers pay
Many buyers in Shoufang, the developers have been asked to pay a maintenance fund, heating costs, contract taxes and other charges after the key, in fact, these fees are collected from developers, home buyers can These costs do not choose to be handed over to developers. Maintenance fund can be handed over to the property, heating costs can pay heating units, contract taxes to pay tax departments. No developer can not use these fees are paid as an excuse not to the keys.
Change information service delivery
Developers change any of the information requested, a written notice to home buyers, that is, the Post's EMS service forms.
Change can guarantee that the information notice to the buyers, also facilitates the retention of evidence.
[2] tricks
Office of the contract over loans
To clear in the contract agreement, if Banbuxialai loans, we must unconditionally rescission, to return the deposit and paid Fangkuan to avoid buyers funds apply or damaged.
[3] tricks
Property specific date for certification to the
In the contract expressly agreed to permit the property rights to do down the date, must be specific to this day. At the same time, property rights agreement can not be on schedule for certification of non-responsibility.
[4] tricks
Parking fees distinction between the management fees
If the purchase of the property with parking spaces, then pay the cost, just to pay property management fees equivalent to the nature of the management fee, it should be clear in the contract.
[5] tricks
Quality solutions ahead of schedule set
After the issue appeared on the quality of the solutions to express agreement. Can also agreed housing and ancillary equipment durability.
[6] tricks
Zhang pool of the floor plan.
Under normal circumstances, the towers of the pool was 18 to 26 percent, the pool Banlou was 14-16 percent. Jiaofang area when the error ± 3% above can check-out.
The buyers signed a contract, will allow developers to pool area and the Inner area were clearly written, and ask developers in the contract of an entire floor of the pool floor plan or project. At the same time agreed by the same construction area and a building area of Inner error, and the pool area and the Inner construction area are changing the approach.
[7] tricks
Original in the company is an excuse
Sales, often to an "original company" as an excuse, declined to buyers asked to see five of the original permit requirements. In fact, a copy of the certificate of adoption, the Internet can find out its authenticity.
In addition, in the purchase contract with "assure the sale of 'five cards' authenticity, the authenticity led to check-out, double the return of the sale were paid Fangkuan" button.
[8] tricks
Housing location map can not be less
In the contract, to floor, clearly marked, and that the entire floor of the House plan and the buyers purchased by the studio's location in the building indicated that these plans will be attached to the contract back and asked developers seal.
[9] tricks
The seller must first formal contract signing
The seller to adhere to the signing, the buyer after the signing, and do not have a blank in the contract (that is, the space is zoned to use horizontal line). Contracts on both sides by stamping Qifeng Zhang, a page chapter, individual buyers have the signature page.
[10] tricks
Agreed to the date of electricity
Jiaofang, water, electricity, gas, and so should achieve normal conditions of use, but Jiaofang used by the electric power is often temporary, should be agreed in the contract for the temporary use of electricity consumption to date.
[11] tricks
Fine decoration eliminate "high-grade"
The fine decoration of the event, the contract must be used in the decoration materials, brands, standards, construction technology, color, price, and so clearly written, which can not be "luxury" and "import" and "upscale" and other such vague wording.
[12] tricks
To the argument of force majeure
In accordance with the "General Principles of Civil Law", force majeure is not predictable, inevitable not overcome the objective circumstances, such as earthquake, fire, war, and so on.
Here, special attention should be given "force majeure" is how the agreement.
If a "non-seller of reasons, the authorities delayed issuing the document of approval; anomalies encountered in the construction of inclement weather, the major technical issues can not be solved in time the" safe harbor provisions of people buying houses should not be accepted.
[6] Misunderstanding
Misunderstanding 1: sign a formal contract before signing offers
Offers will not be executed, to remind potential buyers must sign Shen offers. Optimistic about the proposed buyers, direct purchase contracts signed with the developers.
Mistakes 2: The contract will use the new model contracts
March 15, the city launched the new version of model contracts for purchase. This model is recommended template, the template is not compulsory. At present, as long as the developer of the contract after filing the relevant departments, we can use.
Misunderstanding 3: Housing and buy the same model of inter -
Many did not build in the event of the model, its actual size generally have a number of large, and most of the model are not installed Heating, looks more spacious. In fact, the model of the future and existing homes are often not fully consistent.
Mistakes 4: Mortgage Housing not get the deed
Many owners of mortgage purchases that did not pay off the loan before the property is not get permits. In fact, pay the first payment, monthly loan and the owners of a one-time payment Fangkuan with the owners of the property rights of the card should be the same time, owners of mortgage purchases of mortgages for housing only to procedures, banks and developers have the right to Seizure of property owners permit.
Mistakes 5: The distinction between the concept of high-level agreed in the contract
Inner construction area and the pool area and is bought by the housing construction area;-storey room does not mean that the clear height. Refers to the floor of the high roof to the centerline of the centerline distance, clear height is the distance from ground to roof, and the high level it is difficult to measure, clear height is very easy to measure, agreed in the contract the buyer clear height favorable .
Mistakes 6: maintenance fund, contract taxes have developers pay
Many buyers in Shoufang, the developers have been asked to pay a maintenance fund, heating costs, contract taxes and other charges after the key, in fact, these fees are collected from developers, home buyers can These costs do not choose to be handed over to developers. Maintenance fund can be handed over to the property, heating costs can pay heating units, contract taxes to pay tax departments. No developer can not use these fees are paid as an excuse not to the keys.
A medical lawsuit proceedings have skills
[1] lawyers Zhizhao
Hire a lawyer medical background
Medical lawsuit is difficult to fight, and strong professional First, Second, the time-consuming, energy consumption, but also in everyone's minds, with the most wins, the loser less.
In fact, from a professional point of view, a considerable proportion of the medical reason for the unsuccessful lawsuit with a great reason for this is that not found by assigning tasks.
Objectively speaking, hospitals face is that every day patients, and patients and hospitals to deal only occasionally, a patient disputes are a minority, the majority of people are first met, here there is an experience issue, so as to Choose a medical background of the lawyers involved in litigation.
[2] lawyers Zhizhao
Accurately identify entry points Zhuataifangxiao
Many involved in the litigation, with all this experience, especially those by the "Expo Group book", since that will certainly grasp the medical knowledge of the families of patients. In court, he may be with the hospital on a specific issue win, but the judgement could end up with a far cry from his own imagination, found no reason for this is that by assigning tasks, only in their own very important that The local struggle with each other, in fact, that issue from the entire treatment process, perhaps only a small section sticks Duanmo problems, or simply will not achieve key role in the issue.
Said, the treatment is a long process, from the out-patient, must be hospitalized, surgery, recovery after a very long process, involving many intermediate links. Therefore, select the right starting point is crucial.
[3] lawyers Zhizhao
To different people take different strategies
There is also a very important litigation skills, is the face of different people to adopt a different attitude and strategy.
Faced with the judge, not a medical professional academic issues and the judges debate. To be truthful statement of fact, may include some of their own feelings, but the terms must pay attention to the face of identification experts, not to approach the issue of medical services struggled with the simple fact that only made it clear that you, it is best to avoid using a Emotional expressions of hospitals and doctors to comment.
Hire a lawyer medical background
Medical lawsuit is difficult to fight, and strong professional First, Second, the time-consuming, energy consumption, but also in everyone's minds, with the most wins, the loser less.
In fact, from a professional point of view, a considerable proportion of the medical reason for the unsuccessful lawsuit with a great reason for this is that not found by assigning tasks.
Objectively speaking, hospitals face is that every day patients, and patients and hospitals to deal only occasionally, a patient disputes are a minority, the majority of people are first met, here there is an experience issue, so as to Choose a medical background of the lawyers involved in litigation.
[2] lawyers Zhizhao
Accurately identify entry points Zhuataifangxiao
Many involved in the litigation, with all this experience, especially those by the "Expo Group book", since that will certainly grasp the medical knowledge of the families of patients. In court, he may be with the hospital on a specific issue win, but the judgement could end up with a far cry from his own imagination, found no reason for this is that by assigning tasks, only in their own very important that The local struggle with each other, in fact, that issue from the entire treatment process, perhaps only a small section sticks Duanmo problems, or simply will not achieve key role in the issue.
Said, the treatment is a long process, from the out-patient, must be hospitalized, surgery, recovery after a very long process, involving many intermediate links. Therefore, select the right starting point is crucial.
[3] lawyers Zhizhao
To different people take different strategies
There is also a very important litigation skills, is the face of different people to adopt a different attitude and strategy.
Faced with the judge, not a medical professional academic issues and the judges debate. To be truthful statement of fact, may include some of their own feelings, but the terms must pay attention to the face of identification experts, not to approach the issue of medical services struggled with the simple fact that only made it clear that you, it is best to avoid using a Emotional expressions of hospitals and doctors to comment.
What kind of lawyers hired appropriate
1, to hire professional lawyers
Under normal circumstances, should the different circumstances of the case, the relevant expertise to employ a lawyer. Laws, including Civil and Commercial Law, criminal law, administrative law, economic law, international trade law…… fields, lawyers it is impossible to a broad array of legal provisions are very familiar with different lawyers in different areas of strengths. In some specialized fields, such as labor, securities, intellectual property and major construction projects in areas such as public bidding, the case is more complicated procedures, practicing lawyers also must go through specialized training and appraisal business, or even to obtain the corresponding accreditation. Therefore, in the face of different areas, different cases, we encourage you to the right, or have expertise in this area of the lawyers, you can maximize the safeguarding of the legitimate interests.
2, to hire some experienced lawyers
People generally have a blind faith in authority, the pursuit of "brand" the psychological, so the lawyer requested the Chinese side will take the older the better idea. In fact, this idea is not entirely correct, first of all, solicitors, lawyers because the old entangled with the Treasury, most of the professionals can not be for you a service and secondly, the lawyer, a veteran lawyer fees relative to the more expensive. So as a general simple case, the solicitor general can be good. There was no need to spend several times the price to a high profile or experience is very rich lawyers. But for more complicated cases, to employ a multi-year work experience in relatively good lawyer that can deal with all sorts of sudden changes, from your hands without adequate measures.
3, do not hire "a" lawyer
Under the current social status, some lawyers will be divided into two types, namely, "a lawsuit," lawyer and "fight" the lawyers, some lawyers with expertise to win the respect of the parties; some level of general counsel, but good at Drilling, also mixed very popular. Because people's concepts, knowledge of factors such as differences in hiring lawyers in the case, they also Gequsuoxu. Some of the employment relationship between the parties specialized lawyers. This is clearly a phenomenon of corruption. Although sometimes can play a role, after all, the cost to take risks, Nongbu Hao-two people lost. LO and employ professional and experienced lawyers, can help the parties sort out the merits of ideas, correctly judging the case to the development trend of moderate grasp the outcome of the case, to do their maximum safeguard the legitimate rights and interests of clients.
4, to try to employ full-time lawyers
First you must know how to full-time lawyer and part-time lawyers difference. Full-time lawyers are specialized in law firms engaged in the practice; part-time lawyers is not divorced from our own work and the people engaged in vocational lawyers. Judiciary Law provides that only institutions, law research units engaged in teaching, research and other work of the staff can only do part-time lawyers. Perhaps part-time lawyers is very cost-effective for your ideals, but part-time lawyers because their own job requirements, may not take long time for you, in your case, the delay can not be dealt with urgently needed on the trouble. Therefore, the choice of full-time or part-time lawyers lawyers agents should be done carefully considered.
5, the actual ability to hire good lawyers
Qualifications and work experience that are not measured levels of factors, but lawyers as a demanding profession, practitioners of the overall quality of the request were also generally higher, not limited to academic qualifications and work experience is more important to handle cases Capacity. In accordance with the "lawyer", the qualifications of lawyers from the college to have Dr., Dr. lawyers may not be a good case to win, master's degree, college-level education lawyers on the losing may not be a good case, you must make it clear qualifications does not mean that the capacity , Could only serve as a reference. And work experience seems to be a noteworthy problem, very often lawyers are not directly from the institutions of law graduates, but Dr. Zeng Zuoguo division, workers, cadres, technicians and other "Banluchujia", and in dealing with them His past work-related legal matters will Shunshou than other lawyers, but in the vast legal knowledge and legal knowledge this is obviously not the deep graduate of the Faculty of Law of lawyers.
Under normal circumstances, should the different circumstances of the case, the relevant expertise to employ a lawyer. Laws, including Civil and Commercial Law, criminal law, administrative law, economic law, international trade law…… fields, lawyers it is impossible to a broad array of legal provisions are very familiar with different lawyers in different areas of strengths. In some specialized fields, such as labor, securities, intellectual property and major construction projects in areas such as public bidding, the case is more complicated procedures, practicing lawyers also must go through specialized training and appraisal business, or even to obtain the corresponding accreditation. Therefore, in the face of different areas, different cases, we encourage you to the right, or have expertise in this area of the lawyers, you can maximize the safeguarding of the legitimate interests.
2, to hire some experienced lawyers
People generally have a blind faith in authority, the pursuit of "brand" the psychological, so the lawyer requested the Chinese side will take the older the better idea. In fact, this idea is not entirely correct, first of all, solicitors, lawyers because the old entangled with the Treasury, most of the professionals can not be for you a service and secondly, the lawyer, a veteran lawyer fees relative to the more expensive. So as a general simple case, the solicitor general can be good. There was no need to spend several times the price to a high profile or experience is very rich lawyers. But for more complicated cases, to employ a multi-year work experience in relatively good lawyer that can deal with all sorts of sudden changes, from your hands without adequate measures.
3, do not hire "a" lawyer
Under the current social status, some lawyers will be divided into two types, namely, "a lawsuit," lawyer and "fight" the lawyers, some lawyers with expertise to win the respect of the parties; some level of general counsel, but good at Drilling, also mixed very popular. Because people's concepts, knowledge of factors such as differences in hiring lawyers in the case, they also Gequsuoxu. Some of the employment relationship between the parties specialized lawyers. This is clearly a phenomenon of corruption. Although sometimes can play a role, after all, the cost to take risks, Nongbu Hao-two people lost. LO and employ professional and experienced lawyers, can help the parties sort out the merits of ideas, correctly judging the case to the development trend of moderate grasp the outcome of the case, to do their maximum safeguard the legitimate rights and interests of clients.
4, to try to employ full-time lawyers
First you must know how to full-time lawyer and part-time lawyers difference. Full-time lawyers are specialized in law firms engaged in the practice; part-time lawyers is not divorced from our own work and the people engaged in vocational lawyers. Judiciary Law provides that only institutions, law research units engaged in teaching, research and other work of the staff can only do part-time lawyers. Perhaps part-time lawyers is very cost-effective for your ideals, but part-time lawyers because their own job requirements, may not take long time for you, in your case, the delay can not be dealt with urgently needed on the trouble. Therefore, the choice of full-time or part-time lawyers lawyers agents should be done carefully considered.
5, the actual ability to hire good lawyers
Qualifications and work experience that are not measured levels of factors, but lawyers as a demanding profession, practitioners of the overall quality of the request were also generally higher, not limited to academic qualifications and work experience is more important to handle cases Capacity. In accordance with the "lawyer", the qualifications of lawyers from the college to have Dr., Dr. lawyers may not be a good case to win, master's degree, college-level education lawyers on the losing may not be a good case, you must make it clear qualifications does not mean that the capacity , Could only serve as a reference. And work experience seems to be a noteworthy problem, very often lawyers are not directly from the institutions of law graduates, but Dr. Zeng Zuoguo division, workers, cadres, technicians and other "Banluchujia", and in dealing with them His past work-related legal matters will Shunshou than other lawyers, but in the vast legal knowledge and legal knowledge this is obviously not the deep graduate of the Faculty of Law of lawyers.
Bar clients complaints procedures
First, clients for lawyers to practise in law firms or in the process of the law, contrary to professional ethics and discipline and behaviour, can the lawyers to practice, can also go to the seat of the Bureau of Justice or the Bar Association to file a complaint.
Second, the law firm client complaints or lawyers, should prepare a written complaint letter, and include the relevant evidence materials (such as the principal-agent contract, charges credentials, etc.) to a copy of the seat of the judicial management of lawyers, the Bar Association (around Bureau of Justice, the Bar Association's address, telephone see appendix) or by letter, including a complaint.
Third, the complaint letter should include the following elements:
1, the complainant names, contact information;
2, the complainant names, contact information;
3, the complainant and the content of the matter;
4, complaints such as the request.
4, around the Bureau of Justice, the Bar Association for lawyers or law firms complaints of cases, should be carefully reviewed; meet the requirements for the timely investigation of complaints should be handled, and handled as much as possible in one to two months after the complaints were informed of the complaints dealt with ; Which do not meet the requirements of complaints or to report material, should the circumstances, the complainant requested additional information, or inform the parties, and other means of resolving disputes.
5, the parties to the lawyer's complaint should be in line with objective facts, fabricating facts, rumors, slander, false accusations should bear the corresponding legal responsibility.
Second, the law firm client complaints or lawyers, should prepare a written complaint letter, and include the relevant evidence materials (such as the principal-agent contract, charges credentials, etc.) to a copy of the seat of the judicial management of lawyers, the Bar Association (around Bureau of Justice, the Bar Association's address, telephone see appendix) or by letter, including a complaint.
Third, the complaint letter should include the following elements:
1, the complainant names, contact information;
2, the complainant names, contact information;
3, the complainant and the content of the matter;
4, complaints such as the request.
4, around the Bureau of Justice, the Bar Association for lawyers or law firms complaints of cases, should be carefully reviewed; meet the requirements for the timely investigation of complaints should be handled, and handled as much as possible in one to two months after the complaints were informed of the complaints dealt with ; Which do not meet the requirements of complaints or to report material, should the circumstances, the complainant requested additional information, or inform the parties, and other means of resolving disputes.
5, the parties to the lawyer's complaint should be in line with objective facts, fabricating facts, rumors, slander, false accusations should bear the corresponding legal responsibility.
Some of the burden of proof required lawsuit common sense
What is the evidence »
The evidence is that the people's court hearing cases, cases can prove that the real situation, objective fact is that the people's courts in accordance with the facts of the case.
Evidence, including documentary evidence, exhibits, audio-visual materials, the testimony of witnesses, the parties statements, identification of conclusions and (g) The examination transcripts. In the civil, economic litigation, the parties have the burden of proof, only to really, fully in favour of their evidence in order to win the case. Therefore, the parties must establish a strong sense of the evidence.
The parties of their claim which should provide evidence »
According to the law, the parties put forward their own ideas on the need to provide evidence to prove the following:
(1) he fact that the law should be whether there is a legal fact, when or what happened and the reasons for such areas proceed;
(2) the parties stand on the procedures of the fact that the "civil law" provisions of the law can cause civil relations, change and the eradication of the facts;
(3) legal relationship between the parties and the civil rights of the fact that the dispute;
(4) to act as a final decision based on the facts;
(5) in connection with the case of other facts.
Economic civil litigation who advocate who will be the burden of proof? »
In general, who advocate who is the burden of proof, but the inversion of the burden of proof in the case, the negative burden of proof from the defendant. That is, in the following infringement proceedings, the plaintiff's infringement on the facts, the defendant denied by the accused bear the burden of proof:
(1) of the product manufacturing process, inventions and patents arising from the patent infringement litigation;
(2) of high-risk operations to cause damage to the infringement proceedings;
(3) due to damages caused by environmental pollution litigation;
(4) buildings or other facilities, and the shelving of the building, Xuangua Wu collapsed, falling, falling to cause damage to the infringement proceedings;
(5) keeping animals cause damage to the infringement proceedings;
(6) the provisions of relevant laws by the defendant the burden of proof case.
The people's courts have the responsibility of investigating and collecting evidence? »
Some evidence submitted by the parties more difficult, so the law by the courts responsible for investigating the collection. These include:
(1) the parties and their agents because of objective reasons for the proceedings can not be collected and has made accessible evidence and the evidence for clues;
(2) (g) The examination by the court or the commission identified;
(3) the impact of the parties to identify the main facts of the case of conflicting evidence, the court finds that its effectiveness can not be Testimony;
(4) the court considers necessary to investigate the collection of other evidence. Over the evidence collected by the court to investigate the failure, still bears the burden of proof of the parties can not bear the burden of proof of the consequences.
Whether all the facts of the case to give evidence to prove »
The fact that the parties do not have the burden of proof:
(1) A party to the other party to present the facts of the case and put the claim, made it clear that recognition;
(2) the well-known facts and the law of nature and theorem;
(3) required by law or the known facts, can be presumed to another fact;
(4) has the force of law in the People's Court magistrate determined by the facts;
(5) has proven effective notarized by the fact that the instruments.
What kind of evidence more effective »
When a number of material evidence, there is proof of the strength of the problem. Judge the effectiveness of a number of strong or weak evidence should take note of the following circumstances:
(1) of exhibits, historical files, identification of conclusions, (g) The examination transcripts or have been legalized, the registration of the certificates, proof of their generally higher than other documentary evidence, audio-visual materials and the testimony of witnesses;
(2) provided by the witnesses and their relations have relatives or other close relations beneficial to the testimony of one of the parties, other than that of the testimony of witnesses;
(3) the original evidence that came in higher than evidence;
(4) there is evidence that the party holding the evidence to justify refusing to provide, if the other party that the contents of the evidence is not conducive to holders of evidence, the presumption advocated the establishment;
(5) party to the evidence, they recognized or not refute, can confirm that their force;
(6) party to the evidence, they cite no evidence to refute the corresponding can be integrated in all cases the evidence be found.
The burden of proof should pay attention to what »
Parties in the burden of proof, submitted documentary evidence, physical evidence is the original or the best supplies. And supplies to the original or a difficult, and can submit copies of photos, a copy of excerpts from a copy of this, and so on, but with the originals, and supplies the content, form and other characteristics match. The statement made by the parties, submitted by the audio-visual materials, as well as the testimony of witnesses must be true and reliable, not to resort to deception, false evidence, or to bear legal responsibility.
The evidence is that the people's court hearing cases, cases can prove that the real situation, objective fact is that the people's courts in accordance with the facts of the case.
Evidence, including documentary evidence, exhibits, audio-visual materials, the testimony of witnesses, the parties statements, identification of conclusions and (g) The examination transcripts. In the civil, economic litigation, the parties have the burden of proof, only to really, fully in favour of their evidence in order to win the case. Therefore, the parties must establish a strong sense of the evidence.
The parties of their claim which should provide evidence »
According to the law, the parties put forward their own ideas on the need to provide evidence to prove the following:
(1) he fact that the law should be whether there is a legal fact, when or what happened and the reasons for such areas proceed;
(2) the parties stand on the procedures of the fact that the "civil law" provisions of the law can cause civil relations, change and the eradication of the facts;
(3) legal relationship between the parties and the civil rights of the fact that the dispute;
(4) to act as a final decision based on the facts;
(5) in connection with the case of other facts.
Economic civil litigation who advocate who will be the burden of proof? »
In general, who advocate who is the burden of proof, but the inversion of the burden of proof in the case, the negative burden of proof from the defendant. That is, in the following infringement proceedings, the plaintiff's infringement on the facts, the defendant denied by the accused bear the burden of proof:
(1) of the product manufacturing process, inventions and patents arising from the patent infringement litigation;
(2) of high-risk operations to cause damage to the infringement proceedings;
(3) due to damages caused by environmental pollution litigation;
(4) buildings or other facilities, and the shelving of the building, Xuangua Wu collapsed, falling, falling to cause damage to the infringement proceedings;
(5) keeping animals cause damage to the infringement proceedings;
(6) the provisions of relevant laws by the defendant the burden of proof case.
The people's courts have the responsibility of investigating and collecting evidence? »
Some evidence submitted by the parties more difficult, so the law by the courts responsible for investigating the collection. These include:
(1) the parties and their agents because of objective reasons for the proceedings can not be collected and has made accessible evidence and the evidence for clues;
(2) (g) The examination by the court or the commission identified;
(3) the impact of the parties to identify the main facts of the case of conflicting evidence, the court finds that its effectiveness can not be Testimony;
(4) the court considers necessary to investigate the collection of other evidence. Over the evidence collected by the court to investigate the failure, still bears the burden of proof of the parties can not bear the burden of proof of the consequences.
Whether all the facts of the case to give evidence to prove »
The fact that the parties do not have the burden of proof:
(1) A party to the other party to present the facts of the case and put the claim, made it clear that recognition;
(2) the well-known facts and the law of nature and theorem;
(3) required by law or the known facts, can be presumed to another fact;
(4) has the force of law in the People's Court magistrate determined by the facts;
(5) has proven effective notarized by the fact that the instruments.
What kind of evidence more effective »
When a number of material evidence, there is proof of the strength of the problem. Judge the effectiveness of a number of strong or weak evidence should take note of the following circumstances:
(1) of exhibits, historical files, identification of conclusions, (g) The examination transcripts or have been legalized, the registration of the certificates, proof of their generally higher than other documentary evidence, audio-visual materials and the testimony of witnesses;
(2) provided by the witnesses and their relations have relatives or other close relations beneficial to the testimony of one of the parties, other than that of the testimony of witnesses;
(3) the original evidence that came in higher than evidence;
(4) there is evidence that the party holding the evidence to justify refusing to provide, if the other party that the contents of the evidence is not conducive to holders of evidence, the presumption advocated the establishment;
(5) party to the evidence, they recognized or not refute, can confirm that their force;
(6) party to the evidence, they cite no evidence to refute the corresponding can be integrated in all cases the evidence be found.
The burden of proof should pay attention to what »
Parties in the burden of proof, submitted documentary evidence, physical evidence is the original or the best supplies. And supplies to the original or a difficult, and can submit copies of photos, a copy of excerpts from a copy of this, and so on, but with the originals, and supplies the content, form and other characteristics match. The statement made by the parties, submitted by the audio-visual materials, as well as the testimony of witnesses must be true and reliable, not to resort to deception, false evidence, or to bear legal responsibility.
What are the lawyers of rights and obligations
Practising lawyers in the activities of the main enjoy the following rights:
Practising lawyers in accordance with the law protected by the law;
Lawyers to participate in legal proceedings, in accordance with the provisions of the law proceedings, can collect, access and case-related materials, with the restriction of personal freedom and communication with the people, attended the court, to participate in legal proceedings and litigation law enjoy other rights;
As an agent or lawyer litigation counsel, and the debate or defend the rights should be protected in accordance with the law;
Legal Services lawyers contractors, the relevant units or individuals consent to the investigation of their cases;
Practising lawyers in the activities of personal rights from infringement;
Counsel civil party agents, or authorized by the enjoyment of the parties within the scope of all the rights;
Lawyers to have access to the various litigation cases the contractors a copy of the rights instruments.
Practising lawyers in the activities at the same time must perform the following duties:
Conservative practising lawyers should be aware of the activities of state secrets and business secrets of the parties shall not disclose the privacy of the parties;
Counsel shall not in the same case, as an agent for the parties;
Counsel shall not accept the commission privately, secretly charged to the client, the client received the property;
Lawyers to provide legal services should not be used to facilitate the making of a dispute when the rights and interests, or accept the other party's property;
Lawyers are not allowed to violate provisions of the meeting of judges, prosecutors, the arbitrator;
Lawyers are not allowed to judges, prosecutors, arbitrators and other relevant staff guests gifts or bribes, or instigate, induced by the parties of bribery;
Counsel shall not give false evidence or conceal the facts threat, inducement of others to provide false evidence and conceal the facts and prejudice to the other party lawfully obtained evidence;
Counsel shall not disturb the court, the tribunal order, interfere with litigation, arbitration within the normal range of activities;
Lawyer shall not counsel or to defame other improper means to pay fees on an Lan business;
Served as judge, prosecutor of the lawyers, from the People's Court, People's departure after two years, the proceedings shall not be an agent or counsel.
Practising lawyers in accordance with the law protected by the law;
Lawyers to participate in legal proceedings, in accordance with the provisions of the law proceedings, can collect, access and case-related materials, with the restriction of personal freedom and communication with the people, attended the court, to participate in legal proceedings and litigation law enjoy other rights;
As an agent or lawyer litigation counsel, and the debate or defend the rights should be protected in accordance with the law;
Legal Services lawyers contractors, the relevant units or individuals consent to the investigation of their cases;
Practising lawyers in the activities of personal rights from infringement;
Counsel civil party agents, or authorized by the enjoyment of the parties within the scope of all the rights;
Lawyers to have access to the various litigation cases the contractors a copy of the rights instruments.
Practising lawyers in the activities at the same time must perform the following duties:
Conservative practising lawyers should be aware of the activities of state secrets and business secrets of the parties shall not disclose the privacy of the parties;
Counsel shall not in the same case, as an agent for the parties;
Counsel shall not accept the commission privately, secretly charged to the client, the client received the property;
Lawyers to provide legal services should not be used to facilitate the making of a dispute when the rights and interests, or accept the other party's property;
Lawyers are not allowed to violate provisions of the meeting of judges, prosecutors, the arbitrator;
Lawyers are not allowed to judges, prosecutors, arbitrators and other relevant staff guests gifts or bribes, or instigate, induced by the parties of bribery;
Counsel shall not give false evidence or conceal the facts threat, inducement of others to provide false evidence and conceal the facts and prejudice to the other party lawfully obtained evidence;
Counsel shall not disturb the court, the tribunal order, interfere with litigation, arbitration within the normal range of activities;
Lawyer shall not counsel or to defame other improper means to pay fees on an Lan business;
Served as judge, prosecutor of the lawyers, from the People's Court, People's departure after two years, the proceedings shall not be an agent or counsel.
Buy a car to prevent disputes from lawyers 8 strokes
1 tricks
Be sure to find a problem "professional"
The funds also have strong professional and technical automotive manufacturers and dealers, consumers in the purchase, repair, insurance and claims, clearly is in a weak position, the asymmetry of information to consumers in resolving disputes It is difficult to occupy the initiative.
In such circumstances, seek professional help to protect the legitimate rights and interests of consumers with important role.
Here professionals is not limited to professional lawyers, including automobile factory technical staff, sales staff, maintenance staff, insurance salesman. Where they can learn from the expertise of many, which deal with disputes that may arise in future will play a role.
2 tricks
Stock car to buy
Automobile consumption of large amounts of consumption, the existing laws, regulations, principles of comparison, the follow-up relief measures without a full-time, choose a good quality of products it is particularly important, very important part of the purchase. When the election, an experienced people to help pick car is necessary.
Is in need of special tips, stock car's best not to buy.
When the election, all the features of the car as far as possible to test, even if it is not commonly used functions.
3 tricks
Brochure to contract
Many vendors are now providing free test drive services. In a test drive before the drive to carefully read the contract, the contract unilaterally in the exemption clause to pay particular attention to.
If the contract is a test drive in a test drive in the process of traffic accidents is at your own risk, a car accident who is at your own risk, and other terms, such a test drive best not to sign the contract.
4 tricks
Had to read all the documents
The sales contract, lorry and other documents to read. To minimize the use of improper quality problems caused by a dispute arising in the car prior to read the manual.
On the purchase of a car insurance is inevitable. Many of the terms of insurance contracts, insurance, we must understand the terms of the contract, do not understand, do not confirm the terms or the terms of doubt, we would like to clear the Advisory insurance salesman, insurance salesman of insurance provisions of the obligation to conduct a detailed Explained.
5 tricks
Potentially dangerous through-train service
Distributors to provide the through-train service is not a free lunch, the signing of the contract, the powers and responsibilities for both sides to express agreement, the dealers are generally include one-stop service on behalf of insurance, such as license plates on behalf of.
At this time, to get from the car to complete all the formalities this time the problems which may arise are taken into account. For example, vehicles without licence for the loss of circumstances, such as a traffic accident, the relevant insurance and payment must be clearly agreed.
6 tricks
Insurance designated from time to sign
Hire-purchase option, in loans, banks often will be designated one car on a certain types of insurance companies.
If this is the case, the proposed car buyers who choose not to cooperate with the bank. Such designated insurance companies, specified the types of practices are illegal.
7 tricks
Do not ignore evidence of curing
In automobile consumption in the dispute, consumers face difficult burden of proof is an indisputable fact. Car can be said to be a special commodity in the production, sale, use all possible links, such as product quality issues.
Under normal circumstances, to a problem, we first think of is to repair station testing, maintenance, but maintenance is precisely the course of the loss is evidence of the process. Therefore, there must be evidence of consciousness, this sense of not only mean pay attention to gathering evidence, but also to the maximum extent possible the preservation of evidence, curing evidence.
In this it is necessary tips that the previous vehicle maintenance documentation to complete reservations, including the various lists and maintenance records. Once a problem in future, these can be used as evidence. If entering stage of the proceedings, the court trial, but also to be good at the other side of the evidence on their side to find good evidence.
8 tricks
Litigation cause of action to the point
If the litigation is inevitable, in an appeal before the right to determine the psychological bottom line, to determine the appropriate amount claimed. For example, set 80 percent claim to the bottom line, do not let the proceedings become v. tired.
With the burden of proof more difficult, weigh tort, contract disputes, disputes the quality of the three cause of action in one of the most grasp. On this basis, the discretion is carefully retreat, or for repair.
In the course of the proceedings in the same attention should be paid to obtain evidence, to the point, do not easily punishment of their rights. We must be good at seizing the opponent's mistakes or commitment, so that litigation in a direction conducive to their development.
The law on the fair and we understand the reality of life in the painting equivalent to the fair insufficiency, consumers, after all, are not professionals, so when disputes arise, familiar with the proposal for automobile consumption areas of professional lawyers to help deal with.
Be sure to find a problem "professional"
The funds also have strong professional and technical automotive manufacturers and dealers, consumers in the purchase, repair, insurance and claims, clearly is in a weak position, the asymmetry of information to consumers in resolving disputes It is difficult to occupy the initiative.
In such circumstances, seek professional help to protect the legitimate rights and interests of consumers with important role.
Here professionals is not limited to professional lawyers, including automobile factory technical staff, sales staff, maintenance staff, insurance salesman. Where they can learn from the expertise of many, which deal with disputes that may arise in future will play a role.
2 tricks
Stock car to buy
Automobile consumption of large amounts of consumption, the existing laws, regulations, principles of comparison, the follow-up relief measures without a full-time, choose a good quality of products it is particularly important, very important part of the purchase. When the election, an experienced people to help pick car is necessary.
Is in need of special tips, stock car's best not to buy.
When the election, all the features of the car as far as possible to test, even if it is not commonly used functions.
3 tricks
Brochure to contract
Many vendors are now providing free test drive services. In a test drive before the drive to carefully read the contract, the contract unilaterally in the exemption clause to pay particular attention to.
If the contract is a test drive in a test drive in the process of traffic accidents is at your own risk, a car accident who is at your own risk, and other terms, such a test drive best not to sign the contract.
4 tricks
Had to read all the documents
The sales contract, lorry and other documents to read. To minimize the use of improper quality problems caused by a dispute arising in the car prior to read the manual.
On the purchase of a car insurance is inevitable. Many of the terms of insurance contracts, insurance, we must understand the terms of the contract, do not understand, do not confirm the terms or the terms of doubt, we would like to clear the Advisory insurance salesman, insurance salesman of insurance provisions of the obligation to conduct a detailed Explained.
5 tricks
Potentially dangerous through-train service
Distributors to provide the through-train service is not a free lunch, the signing of the contract, the powers and responsibilities for both sides to express agreement, the dealers are generally include one-stop service on behalf of insurance, such as license plates on behalf of.
At this time, to get from the car to complete all the formalities this time the problems which may arise are taken into account. For example, vehicles without licence for the loss of circumstances, such as a traffic accident, the relevant insurance and payment must be clearly agreed.
6 tricks
Insurance designated from time to sign
Hire-purchase option, in loans, banks often will be designated one car on a certain types of insurance companies.
If this is the case, the proposed car buyers who choose not to cooperate with the bank. Such designated insurance companies, specified the types of practices are illegal.
7 tricks
Do not ignore evidence of curing
In automobile consumption in the dispute, consumers face difficult burden of proof is an indisputable fact. Car can be said to be a special commodity in the production, sale, use all possible links, such as product quality issues.
Under normal circumstances, to a problem, we first think of is to repair station testing, maintenance, but maintenance is precisely the course of the loss is evidence of the process. Therefore, there must be evidence of consciousness, this sense of not only mean pay attention to gathering evidence, but also to the maximum extent possible the preservation of evidence, curing evidence.
In this it is necessary tips that the previous vehicle maintenance documentation to complete reservations, including the various lists and maintenance records. Once a problem in future, these can be used as evidence. If entering stage of the proceedings, the court trial, but also to be good at the other side of the evidence on their side to find good evidence.
8 tricks
Litigation cause of action to the point
If the litigation is inevitable, in an appeal before the right to determine the psychological bottom line, to determine the appropriate amount claimed. For example, set 80 percent claim to the bottom line, do not let the proceedings become v. tired.
With the burden of proof more difficult, weigh tort, contract disputes, disputes the quality of the three cause of action in one of the most grasp. On this basis, the discretion is carefully retreat, or for repair.
In the course of the proceedings in the same attention should be paid to obtain evidence, to the point, do not easily punishment of their rights. We must be good at seizing the opponent's mistakes or commitment, so that litigation in a direction conducive to their development.
The law on the fair and we understand the reality of life in the painting equivalent to the fair insufficiency, consumers, after all, are not professionals, so when disputes arise, familiar with the proposal for automobile consumption areas of professional lawyers to help deal with.
Four principles should buy a car dispute
ID cards are not easily lend quality problems Shenxuan retreat to the proceedings to accurately identify the direction of the burden of proof is not inverted
Principle 1
ID cards can not be easily lend
Reflected the situation
Last year, I will be loaned to the same quarters of the ID card lead car was a catalyst for a written agreement, which is provide me with identity cards, the car of my household, but the actual use of the car and is boss.
March this year, the boss will be leased to Qimou car. After the expiration of one month, even cars with Qimou people are missing.
I lead and made a report to the police station, police said a lease agreement should be civil disputes, not on file. As cars have disappeared, the eldest child Yiqizhixia not a loan.
Bar tips
ID card lending in this issue, we must re-Shen and Shen.
Analysis of lawyers
As boss and Qimou between the lease agreement, which Qimou a vehicle that is achieved through legal channels. Thus, while one-month lease period has expired, Qimou also, cars disappear, but only thus can not simply that the act is Qimou theft.
The case in real life very typical, their identity card "by" for others to risks, while the purchase of a car. In addition to car buyers who do not repay the banks will find time to come, the future, if this appears to traffic accidents, car owners also face the risk of compensation.
There is another extreme is the case, if a person will lend their ID card number of people to different parts of cars, if the purchaser does not have a repayment on time, the ID card lending is likely to be people suspected Involved in fraudulent activities, and will face the risk of being prosecuted for criminal liability.
Bar Zhizhao
At this stage, to avoid greater losses in the future, the priority is Xianzhao vehicles through various channels, including finding Qimou. Only to find the car, will it be possible to stop-loss.
Qimou in the car and can not find the circumstances, you can claim their rights, which called for the return of lead vehicles and additional Qimou for a third person. In the meantime, if the eldest child to the bank to stop payment, the monthly repayment you can, and then lead to the recovery of the money.
Principle 2
Automotive consumer disputes the burden of proof is not inverted
Reflected the situation
I bought the car a few months later, engine problems. Later, I stand for the maintenance of the engines, when I went to change the procedures for the Che Kwun when found, the new engine for this fight, no, and no certification. In the absence of the engine, my car is not on the road, this is clearly fraud.
After the litigation process, the engine manufacturers to provide a certificate of competency, but I think that this certificate and now I can not prove that the car that without Taiwan, the quality of the engine is qualified, because they do not have one-to-one relationship.
Bar Zhizhao
At present, China's principle of the proceedings of the burden of proof is "who advocate who is the burden of proof", the automotive consumer disputes involving the quality of proof is not "inversion of the burden of proof" of the range. Therefore, you have raised the quality of engine problems, to bear the burden of proof.
In this case, attention should be paid to select the right direction for the proceedings to avoid the mistakes leading to the direction of the proceedings was rejected by the court. Not recommended to the grounds of fraud prosecution. V. specific infringement or breach of contract by the choice of this depends on more specific circumstances.
Analysis of lawyers
The general view that as long as manufacturers produce the certificate is true, it should be the engine that is qualified and can not be passed after the card is produced by the inference is not up to standard products, or products have quality problems.
Principle 3
Proceedings to select the right direction
Reflected the situation
In 2001 I bought a car shortly before police in the identification number of beams, they found a place, surrounded by steel Qiaoqi marks. In fact, the beams, is now playing in a steel, used in the original glue on the beams, and, under two completely different number.
Two beams of a car, registration certificate did not do down does not say that I can not drive on the road. Che Kwun requested by the manufacturers prove that I used, and describes the "one car on the 2nd" reasons. Manufacturers can be said that a long time, the reasons for this situation has been no investigation. I propose to manufacturers for a new car.
I think that the car number can be seen as the beams of the vehicle certification logo, a manufacturer of identification theft, obviously constitute fraud. Therefore, I request that the relevant provisions of the Consumers Act, according to my car when the price of double compensation, and compensation for my years of insurance costs.
Bar Zhizhao
At present, in the field of automobile consumption disputes the law applicable to the general consumer protection law, product quality and contract law, to solve the real problem is to depend on contract law. In other words, most disputes are resolved through civil litigation.
V. choose from infringement case for properly. I suggest you can ask the manufacturers to replace you a new car, and to post a part of compensation. At the same time, you can seek compensation over the past few years on the cost of insurance, Yang Lufei, travel tax and other car-related costs.
Analysis of lawyers
In addition to the fraud that objective element, there are subjective factors, namely the existence of subjective intentional. Manufacturers can not find out the reasons that can not be subjective in that there is deliberate fraud.
If there is evidence that this was done out of good will consider, for instance, miscalculated the beams that, to go through a series of re-fight deal with the process, but it may reduce the intensity of the beams in turn affect the safety performance of vehicles, And to take this kind of "remedial measures" can not only reduce production costs, but also guarantee the safety performance of vehicles.
Therefore, manufacturers can identify the original practices constitute fraud, can not simply be inferred from our present to determine.
Principle 4
Citing problems with quality requirements is very difficult to retire
Readers complained
October 2003, I bought a car. March 2004 found that there is a problem with vehicles, engines have abnormal sound. 4 S repair shop found that the breakup is to check the engine. According to investigation, 4 S engine shops that have quality problems, so they gave me one for the engine.
This did not expect the new Taiwan for the engine or a problem, for a six-valve mandril, the valve abnormal sound or have not been solved. At this time I have proposed to retreat, dealers said that the vehicle can not retreat, only maintenance.
I prosecuted to the court and called for the valve engine to identify abnormal sound. Unexpectedly, for the identification of several agencies, they said that due to technical conditions of the restrictions, could not be identified.
Analysis of lawyers
Identification of bodies for identification of the cause can not be carried out to identify the results or not, you have to bear the burden of proof can not be negative consequences.
Bar tips
To advocate retreat vehicle quality problems, the difficulty of achieving considerable, grasp the timing of the proceedings very important.
Bar Zhizhao
To the consumer, the burden of proof difficult, difficult to identify, is difficult to claim disputes in the auto consumption of the three major difficulties.
At this stage, China is still not a neutral, third-party independent accreditation body, identification of bodies and more than a dozen car manufacturers have a inextricably linked, so identification of Nanbu Nan understanding.
In this case, the replacement engine and the replacement of the new engine for repairs after the lawsuit seeking to retreat from the tactical sense, has missed the opportunity.
The disintegration of the engine, replacement, maintenance, objectively speaking, the engines have quality problems with the evidence of a series of the process has been lost. At this time, no further problems with the quality requirements of retirement vehicles, almost zero possibility.
Therefore, this case demands the best time to retire the election should be the first found in the car engine problems, 4 S engine shop also admitted that there are quality problems, and you make the decision to replace the engine, but has not yet suitable replacement.
Principle 1
ID cards can not be easily lend
Reflected the situation
Last year, I will be loaned to the same quarters of the ID card lead car was a catalyst for a written agreement, which is provide me with identity cards, the car of my household, but the actual use of the car and is boss.
March this year, the boss will be leased to Qimou car. After the expiration of one month, even cars with Qimou people are missing.
I lead and made a report to the police station, police said a lease agreement should be civil disputes, not on file. As cars have disappeared, the eldest child Yiqizhixia not a loan.
Bar tips
ID card lending in this issue, we must re-Shen and Shen.
Analysis of lawyers
As boss and Qimou between the lease agreement, which Qimou a vehicle that is achieved through legal channels. Thus, while one-month lease period has expired, Qimou also, cars disappear, but only thus can not simply that the act is Qimou theft.
The case in real life very typical, their identity card "by" for others to risks, while the purchase of a car. In addition to car buyers who do not repay the banks will find time to come, the future, if this appears to traffic accidents, car owners also face the risk of compensation.
There is another extreme is the case, if a person will lend their ID card number of people to different parts of cars, if the purchaser does not have a repayment on time, the ID card lending is likely to be people suspected Involved in fraudulent activities, and will face the risk of being prosecuted for criminal liability.
Bar Zhizhao
At this stage, to avoid greater losses in the future, the priority is Xianzhao vehicles through various channels, including finding Qimou. Only to find the car, will it be possible to stop-loss.
Qimou in the car and can not find the circumstances, you can claim their rights, which called for the return of lead vehicles and additional Qimou for a third person. In the meantime, if the eldest child to the bank to stop payment, the monthly repayment you can, and then lead to the recovery of the money.
Principle 2
Automotive consumer disputes the burden of proof is not inverted
Reflected the situation
I bought the car a few months later, engine problems. Later, I stand for the maintenance of the engines, when I went to change the procedures for the Che Kwun when found, the new engine for this fight, no, and no certification. In the absence of the engine, my car is not on the road, this is clearly fraud.
After the litigation process, the engine manufacturers to provide a certificate of competency, but I think that this certificate and now I can not prove that the car that without Taiwan, the quality of the engine is qualified, because they do not have one-to-one relationship.
Bar Zhizhao
At present, China's principle of the proceedings of the burden of proof is "who advocate who is the burden of proof", the automotive consumer disputes involving the quality of proof is not "inversion of the burden of proof" of the range. Therefore, you have raised the quality of engine problems, to bear the burden of proof.
In this case, attention should be paid to select the right direction for the proceedings to avoid the mistakes leading to the direction of the proceedings was rejected by the court. Not recommended to the grounds of fraud prosecution. V. specific infringement or breach of contract by the choice of this depends on more specific circumstances.
Analysis of lawyers
The general view that as long as manufacturers produce the certificate is true, it should be the engine that is qualified and can not be passed after the card is produced by the inference is not up to standard products, or products have quality problems.
Principle 3
Proceedings to select the right direction
Reflected the situation
In 2001 I bought a car shortly before police in the identification number of beams, they found a place, surrounded by steel Qiaoqi marks. In fact, the beams, is now playing in a steel, used in the original glue on the beams, and, under two completely different number.
Two beams of a car, registration certificate did not do down does not say that I can not drive on the road. Che Kwun requested by the manufacturers prove that I used, and describes the "one car on the 2nd" reasons. Manufacturers can be said that a long time, the reasons for this situation has been no investigation. I propose to manufacturers for a new car.
I think that the car number can be seen as the beams of the vehicle certification logo, a manufacturer of identification theft, obviously constitute fraud. Therefore, I request that the relevant provisions of the Consumers Act, according to my car when the price of double compensation, and compensation for my years of insurance costs.
Bar Zhizhao
At present, in the field of automobile consumption disputes the law applicable to the general consumer protection law, product quality and contract law, to solve the real problem is to depend on contract law. In other words, most disputes are resolved through civil litigation.
V. choose from infringement case for properly. I suggest you can ask the manufacturers to replace you a new car, and to post a part of compensation. At the same time, you can seek compensation over the past few years on the cost of insurance, Yang Lufei, travel tax and other car-related costs.
Analysis of lawyers
In addition to the fraud that objective element, there are subjective factors, namely the existence of subjective intentional. Manufacturers can not find out the reasons that can not be subjective in that there is deliberate fraud.
If there is evidence that this was done out of good will consider, for instance, miscalculated the beams that, to go through a series of re-fight deal with the process, but it may reduce the intensity of the beams in turn affect the safety performance of vehicles, And to take this kind of "remedial measures" can not only reduce production costs, but also guarantee the safety performance of vehicles.
Therefore, manufacturers can identify the original practices constitute fraud, can not simply be inferred from our present to determine.
Principle 4
Citing problems with quality requirements is very difficult to retire
Readers complained
October 2003, I bought a car. March 2004 found that there is a problem with vehicles, engines have abnormal sound. 4 S repair shop found that the breakup is to check the engine. According to investigation, 4 S engine shops that have quality problems, so they gave me one for the engine.
This did not expect the new Taiwan for the engine or a problem, for a six-valve mandril, the valve abnormal sound or have not been solved. At this time I have proposed to retreat, dealers said that the vehicle can not retreat, only maintenance.
I prosecuted to the court and called for the valve engine to identify abnormal sound. Unexpectedly, for the identification of several agencies, they said that due to technical conditions of the restrictions, could not be identified.
Analysis of lawyers
Identification of bodies for identification of the cause can not be carried out to identify the results or not, you have to bear the burden of proof can not be negative consequences.
Bar tips
To advocate retreat vehicle quality problems, the difficulty of achieving considerable, grasp the timing of the proceedings very important.
Bar Zhizhao
To the consumer, the burden of proof difficult, difficult to identify, is difficult to claim disputes in the auto consumption of the three major difficulties.
At this stage, China is still not a neutral, third-party independent accreditation body, identification of bodies and more than a dozen car manufacturers have a inextricably linked, so identification of Nanbu Nan understanding.
In this case, the replacement engine and the replacement of the new engine for repairs after the lawsuit seeking to retreat from the tactical sense, has missed the opportunity.
The disintegration of the engine, replacement, maintenance, objectively speaking, the engines have quality problems with the evidence of a series of the process has been lost. At this time, no further problems with the quality requirements of retirement vehicles, almost zero possibility.
Therefore, this case demands the best time to retire the election should be the first found in the car engine problems, 4 S engine shop also admitted that there are quality problems, and you make the decision to replace the engine, but has not yet suitable replacement.
Counsel: Do the rich man's cradle
Lawyers difference between income disparity between the high level of education "returnees", the ultra-income entry-level trainee solicitor 10 million on revenue just over 1,000 yuan
Beijing lawyers have exceeded 10,000 - the survey found
With the progress of the times and economic prosperity, the functions of lawyers have already gone beyond the Gangpian in wearing wig, wearing lawyers gowns, Koutu Abas, the tongue of Health Lotus's image. They originally on the high income, but also a rise in geometric progression.
Beijing Municipal Justice Bureau data released last week show that at present Beijing lawyers had exceeded 10,000. In 2004, these lawyers breakthrough in the industry 5 billion revenue. Conservative industry estimates, 10,000 lawyers in at least 200 of the personal assets of the rich man has reached the level of 10 million. This means that every 50 lawyers in Beijing must be born a millionaire. Crude Suanxia Lai, Beijing lawyer average annual income of up to 500,000 yuan.
A language column
Is the rapid socio-economic development, the implementation of specific links to personal income growth is often discovered inadvertently rich neighbour on the up. Now the occupation of their income satisfied or dissatisfied with the number of people who are not covered or its long-coveted Another area feel curious, more or Xinyoubugan.
"Earnings Survey" as a new section on the economy, is to satisfy the reader's curiosity and thirst for knowledge, from reporters to Tanwen "income" this sensitive topic, readers turned to the tip of the iceberg.
Unintentional see a lively, want to see months of the Road. Kanba both satisfy your curiosity, or give you confidence in the industry doubled Jiang extended a free hand in soil, or you hate Maosaidunkai Chuixiong pick up the pieces, we will not run counter to the original intention of this column. »» »Editor's Note
Revenue tens of millions of the most lawsuits do not make money
Beijing Huatai Law Firm lawyer Li (pseudonym), yesterday told reporters that the current non-litigation legal profession has become the largest "Jubao Pen", domestic and foreign enterprises in business mergers and acquisitions, corporate reorganization of assets, legal advisers and foreign multinational companies perennial Legal services, and other non-litigation lawyer who is most in demand business.
40-year-old Li is before you, struggling hard to find the source for some small criminal and civil cases to defend忙活Yinianbanzai will earn a few thousand dollars of money. End of the last century, he has made and the quality of securities lawyers, then do the financial and securities business, revenue increased by a straight line. Now, he can average monthly income over 10,000 yuan. Last year, subject to several billion over the reorganization of assets case, the end of the year total income is more than 1 million yuan.
Li disclosed that some young, highly educated "returnees" lawyer income will be higher, capable of annual income can reach 1,000 million. Liuyang, these young people because of the background, are generally aimed at the international financial organization loans, project loans, leasing and foreign exchange business, overseas listing of all the international operation of the business. Most of these operations the subject of several billions of dollars, in accordance with 1-5 percent of the business commission, a business on a Nengzheng 1,000 million. Finally, participation in head-down, each person has pay.
Real estate lawyer easily into the middle class
Wang Xiaotian, 36-year-old, a Beijing real estate is very powerful law firm headed "Xiaosheng," 300,000 yuan in revenue, is like a middle-class Paitou. At present, he has two sets of real estate acquisition in Beijing, Wang a Jetta sedan. Wear designer clothes have been fixed, buy vegetables from less than ordinary markets, supermarkets, eating with cling film wrap, expensive green vegetables.
Wang Xiaotian said that over the past few years, the Beijing construction of a large number of commercial housing, luxury apartments, to the legal profession has brought unlimited business opportunities: consumers buy a house found the problem to find lawyers to real estate loans, need to do the same lawyers accused the court; buyers Mortgage loans to a lawyer; purchases after the transfer of ownership transfer to a lawyer. In short, almost every element of our need for the involvement of lawyers.
Wang Xiaotian, for example, if a lawyer and a very good relationship between banks, was appointed to handle the event of a mortgage, then this event to find this all bank loans, must be through a lawyer to handle this. If one month sold a total of 10 sets of 1 million yuan of the building, then in accordance with the total Fangkuan 4 ‰ extract legal fees, the lawyers will be 40,000 yuan. Deducted from the firm turned over 50 percent to 60 percent, last month for its 16,000 to 20,000 yuan.
According to statistics, the income of lawyers Ersanshiwan yuan in Beijing have been more common, there are currently some nearly 2,000 people, accounting for 20% of the total lawyers.
Jing Wu Liuqian yuan per month for gold floating population is not easy
Shanxi Kebei law firm of Wu Xu (a pseudonym) lawyers and his colleagues have come to Beijing more than two years, they also live in flats provided by an old unit building.
In Shanxi Province, Wu Xu still relatively famous local young lawyers, the monthly income also belong to the local level on. He can go to Beijing to see a huge difference, at the beginning because人生地不熟, there is no source of the case, in addition to each unit provided by the wage of 2,000 yuan, Wu Xu has no other income.
After more than a year of efforts, Wu Xu has already begun in Beijing, Li Zhu footing, and make 30 of this year he has become the legal adviser to several companies all year round. He said that according to the company each year about 50,000 in consultancy fees, he and the other two partners per person per month will probably get Wuliu Qian yuan.
Wu Xu such as bleaching in Beijing a lot of foreign lawyers. According to the Beijing Municipal Bureau of Justice Statistics show that Beijing has 892 lawyers institutions, provinces and municipalities outside Beijing-based law firm with 55 branches.
A survey found that, at present, most of the "Beijing lawyers drift" income is not too good, the average monthly salary of 2,000 yuan to 5,000 yuan, and Beijing local lawyers compared to belong to the lower level. But in the end, some lawyers also had to home.
On revenue 1,000 yuan trainee solicitor bottom boil five years
Lawyers from the high into the low-income, received a "pyramid" shape and "pyramid" is at the bottom of most of those had just graduated from university, or has just passed the bar exam novice. They too "soft", is bound to become lawyers income "pyramid" the bottom layer.
23, a small sugar called (a pseudonym) of girls in the forum, a lawyer on his own experience over the past two years of practice.
Small sugar in December 2002 organized a practising certificate, and then go to a law firm to do trainee solicitor. 2003, 2001, small sugar done a total of more than 20 cases are with the people, together with advisory revenue, income and help the court Gaofei income, annual income of 6,000 yuan. 2004, including legal aid cases, small sugar done a total of 30 cases, the actual income of 12,000 yuan, the book is also available in 1 million yuan on the risk of agency fees, the parties have been in arrears. The beginning of the year, small sugar own Lan independent of the three cases do, began to have more than 1,000 yuan a month in revenue.
"Five years is a threshold." Survey, many lawyers have told reporters that since then, the cause will be increasingly stable.
Because of this, although very low income trainee solicitor, but mostly not shaken the confidence in the professional lawyers. They held that as individual customers and expertise will continue to accumulate, but will also be an inevitable long-term revenue increases. "To be blunt, is that the older the more valuable."
Different parts of the Law Society income statement
China. Shanghai
The average annual operating income in 210,000 yuan, lawyers, the average annual salary in the 70,000 yuan, the highest annual salary of more than 1 million yuan, the minimum annual salary of 30,000 yuan.
China. Hong Kong
Average annual income in the 21,800 Hong Kong dollar, the highest annual salary of more than 10 million Hong Kong dollar. The maximum annual salary of university graduates 57,500 Hong Kong dollar, the minimum annual salary of 60,000 Hong Kong dollars (City University of Hong Kong has just completed a survey).
United States
The average annual income of more than 80,000 U.S. dollars, the joint stock firm and the average annual income of up to 202,000 U.S. dollars, the defence lawyer for the highest hourly rate of 650 U.S. dollars. Top 50 before lawyers for the average annual income of 5 million U.S. dollars.
United Kingdom
Average annual income in about 40,000 pounds, the highest annual income of lawyers in more than 1 million pounds (according to the British Office for National Statistics and the University of British Wowei Ke bodies such as the latest survey)
Beijing lawyers have exceeded 10,000 - the survey found
With the progress of the times and economic prosperity, the functions of lawyers have already gone beyond the Gangpian in wearing wig, wearing lawyers gowns, Koutu Abas, the tongue of Health Lotus's image. They originally on the high income, but also a rise in geometric progression.
Beijing Municipal Justice Bureau data released last week show that at present Beijing lawyers had exceeded 10,000. In 2004, these lawyers breakthrough in the industry 5 billion revenue. Conservative industry estimates, 10,000 lawyers in at least 200 of the personal assets of the rich man has reached the level of 10 million. This means that every 50 lawyers in Beijing must be born a millionaire. Crude Suanxia Lai, Beijing lawyer average annual income of up to 500,000 yuan.
A language column
Is the rapid socio-economic development, the implementation of specific links to personal income growth is often discovered inadvertently rich neighbour on the up. Now the occupation of their income satisfied or dissatisfied with the number of people who are not covered or its long-coveted Another area feel curious, more or Xinyoubugan.
"Earnings Survey" as a new section on the economy, is to satisfy the reader's curiosity and thirst for knowledge, from reporters to Tanwen "income" this sensitive topic, readers turned to the tip of the iceberg.
Unintentional see a lively, want to see months of the Road. Kanba both satisfy your curiosity, or give you confidence in the industry doubled Jiang extended a free hand in soil, or you hate Maosaidunkai Chuixiong pick up the pieces, we will not run counter to the original intention of this column. »» »Editor's Note
Revenue tens of millions of the most lawsuits do not make money
Beijing Huatai Law Firm lawyer Li (pseudonym), yesterday told reporters that the current non-litigation legal profession has become the largest "Jubao Pen", domestic and foreign enterprises in business mergers and acquisitions, corporate reorganization of assets, legal advisers and foreign multinational companies perennial Legal services, and other non-litigation lawyer who is most in demand business.
40-year-old Li is before you, struggling hard to find the source for some small criminal and civil cases to defend忙活Yinianbanzai will earn a few thousand dollars of money. End of the last century, he has made and the quality of securities lawyers, then do the financial and securities business, revenue increased by a straight line. Now, he can average monthly income over 10,000 yuan. Last year, subject to several billion over the reorganization of assets case, the end of the year total income is more than 1 million yuan.
Li disclosed that some young, highly educated "returnees" lawyer income will be higher, capable of annual income can reach 1,000 million. Liuyang, these young people because of the background, are generally aimed at the international financial organization loans, project loans, leasing and foreign exchange business, overseas listing of all the international operation of the business. Most of these operations the subject of several billions of dollars, in accordance with 1-5 percent of the business commission, a business on a Nengzheng 1,000 million. Finally, participation in head-down, each person has pay.
Real estate lawyer easily into the middle class
Wang Xiaotian, 36-year-old, a Beijing real estate is very powerful law firm headed "Xiaosheng," 300,000 yuan in revenue, is like a middle-class Paitou. At present, he has two sets of real estate acquisition in Beijing, Wang a Jetta sedan. Wear designer clothes have been fixed, buy vegetables from less than ordinary markets, supermarkets, eating with cling film wrap, expensive green vegetables.
Wang Xiaotian said that over the past few years, the Beijing construction of a large number of commercial housing, luxury apartments, to the legal profession has brought unlimited business opportunities: consumers buy a house found the problem to find lawyers to real estate loans, need to do the same lawyers accused the court; buyers Mortgage loans to a lawyer; purchases after the transfer of ownership transfer to a lawyer. In short, almost every element of our need for the involvement of lawyers.
Wang Xiaotian, for example, if a lawyer and a very good relationship between banks, was appointed to handle the event of a mortgage, then this event to find this all bank loans, must be through a lawyer to handle this. If one month sold a total of 10 sets of 1 million yuan of the building, then in accordance with the total Fangkuan 4 ‰ extract legal fees, the lawyers will be 40,000 yuan. Deducted from the firm turned over 50 percent to 60 percent, last month for its 16,000 to 20,000 yuan.
According to statistics, the income of lawyers Ersanshiwan yuan in Beijing have been more common, there are currently some nearly 2,000 people, accounting for 20% of the total lawyers.
Jing Wu Liuqian yuan per month for gold floating population is not easy
Shanxi Kebei law firm of Wu Xu (a pseudonym) lawyers and his colleagues have come to Beijing more than two years, they also live in flats provided by an old unit building.
In Shanxi Province, Wu Xu still relatively famous local young lawyers, the monthly income also belong to the local level on. He can go to Beijing to see a huge difference, at the beginning because人生地不熟, there is no source of the case, in addition to each unit provided by the wage of 2,000 yuan, Wu Xu has no other income.
After more than a year of efforts, Wu Xu has already begun in Beijing, Li Zhu footing, and make 30 of this year he has become the legal adviser to several companies all year round. He said that according to the company each year about 50,000 in consultancy fees, he and the other two partners per person per month will probably get Wuliu Qian yuan.
Wu Xu such as bleaching in Beijing a lot of foreign lawyers. According to the Beijing Municipal Bureau of Justice Statistics show that Beijing has 892 lawyers institutions, provinces and municipalities outside Beijing-based law firm with 55 branches.
A survey found that, at present, most of the "Beijing lawyers drift" income is not too good, the average monthly salary of 2,000 yuan to 5,000 yuan, and Beijing local lawyers compared to belong to the lower level. But in the end, some lawyers also had to home.
On revenue 1,000 yuan trainee solicitor bottom boil five years
Lawyers from the high into the low-income, received a "pyramid" shape and "pyramid" is at the bottom of most of those had just graduated from university, or has just passed the bar exam novice. They too "soft", is bound to become lawyers income "pyramid" the bottom layer.
23, a small sugar called (a pseudonym) of girls in the forum, a lawyer on his own experience over the past two years of practice.
Small sugar in December 2002 organized a practising certificate, and then go to a law firm to do trainee solicitor. 2003, 2001, small sugar done a total of more than 20 cases are with the people, together with advisory revenue, income and help the court Gaofei income, annual income of 6,000 yuan. 2004, including legal aid cases, small sugar done a total of 30 cases, the actual income of 12,000 yuan, the book is also available in 1 million yuan on the risk of agency fees, the parties have been in arrears. The beginning of the year, small sugar own Lan independent of the three cases do, began to have more than 1,000 yuan a month in revenue.
"Five years is a threshold." Survey, many lawyers have told reporters that since then, the cause will be increasingly stable.
Because of this, although very low income trainee solicitor, but mostly not shaken the confidence in the professional lawyers. They held that as individual customers and expertise will continue to accumulate, but will also be an inevitable long-term revenue increases. "To be blunt, is that the older the more valuable."
Different parts of the Law Society income statement
China. Shanghai
The average annual operating income in 210,000 yuan, lawyers, the average annual salary in the 70,000 yuan, the highest annual salary of more than 1 million yuan, the minimum annual salary of 30,000 yuan.
China. Hong Kong
Average annual income in the 21,800 Hong Kong dollar, the highest annual salary of more than 10 million Hong Kong dollar. The maximum annual salary of university graduates 57,500 Hong Kong dollar, the minimum annual salary of 60,000 Hong Kong dollars (City University of Hong Kong has just completed a survey).
United States
The average annual income of more than 80,000 U.S. dollars, the joint stock firm and the average annual income of up to 202,000 U.S. dollars, the defence lawyer for the highest hourly rate of 650 U.S. dollars. Top 50 before lawyers for the average annual income of 5 million U.S. dollars.
United Kingdom
Average annual income in about 40,000 pounds, the highest annual income of lawyers in more than 1 million pounds (according to the British Office for National Statistics and the University of British Wowei Ke bodies such as the latest survey)
Witnesses business lawyers in the end what
According to reports, including lawyers witnessed major business transactions and signed witness and the witness to the two most mortgage process.
Step 1: authenticity signed as witness testimony:
Lawyers review the sale of the main qualifications and the power of real estate; review the buyer (mortgages) of the main qualifications: check the buyer's identity, marriage has proved that the first inspection of payment receipts.
Witness the signing of authenticity
The seller and the buyer signed the contract for the sale, mortgage contracts acts of witness; lawyers to sell and the buyer signed the "Shanghai real estate contract for the sale," "individual housing (secondary room) mortgage loan contracts" and other acts witness testimony Borrowers spouse or other people to subscribe to a total of borrowing and repayment proved that the common commitment; loan applicants to personally witness the signing of acts, from the sale of one of the first payment receipts to be confirmed to the sale and the buyer signed the "zoned Confirmation of the mandate "to witness the act.
Step 2: transactions, mortgages witness phase of the process
Buyers and sellers to real estate trading center for trading register and the buyer (loan applicants) for mortgage registration procedures to be witnessed: signed by the parties, including trading center of the format, borrowing the applicant to pay contract taxes, buyers and sellers to register Submitted all the materials, Shouzhi, "Write a receipt," "Deed tax certificate".
Step 1: authenticity signed as witness testimony:
Lawyers review the sale of the main qualifications and the power of real estate; review the buyer (mortgages) of the main qualifications: check the buyer's identity, marriage has proved that the first inspection of payment receipts.
Witness the signing of authenticity
The seller and the buyer signed the contract for the sale, mortgage contracts acts of witness; lawyers to sell and the buyer signed the "Shanghai real estate contract for the sale," "individual housing (secondary room) mortgage loan contracts" and other acts witness testimony Borrowers spouse or other people to subscribe to a total of borrowing and repayment proved that the common commitment; loan applicants to personally witness the signing of acts, from the sale of one of the first payment receipts to be confirmed to the sale and the buyer signed the "zoned Confirmation of the mandate "to witness the act.
Step 2: transactions, mortgages witness phase of the process
Buyers and sellers to real estate trading center for trading register and the buyer (loan applicants) for mortgage registration procedures to be witnessed: signed by the parties, including trading center of the format, borrowing the applicant to pay contract taxes, buyers and sellers to register Submitted all the materials, Shouzhi, "Write a receipt," "Deed tax certificate".
Hire a lawyer should perform the procedure
When you encounter difficulties in the legal problem, you can request help to the lawyers. In China, legal services organizations as law firms, it is the community of Chinese lawyers to provide legal services.
When asked when you come, there will be lawyers to receive you, you can put to him your difficult problems, the Law Society under the law to answer truthfully. When you feel you need a lawyer to help solve the problem, you should fill out the following documents:
1. Authorized instructions. The power of attorney is to prove that you as a lawyer commissioned by the Representative Is Appointed Acting you must complete a written certificate of civil activities.
2. Agent contract. The contract clearly set out by you and your Representative Is Appointed lawyers between the rights and obligations.
When you fill out these documents and provisions to pay a fee, you hired a lawyer
When asked when you come, there will be lawyers to receive you, you can put to him your difficult problems, the Law Society under the law to answer truthfully. When you feel you need a lawyer to help solve the problem, you should fill out the following documents:
1. Authorized instructions. The power of attorney is to prove that you as a lawyer commissioned by the Representative Is Appointed Acting you must complete a written certificate of civil activities.
2. Agent contract. The contract clearly set out by you and your Representative Is Appointed lawyers between the rights and obligations.
When you fill out these documents and provisions to pay a fee, you hired a lawyer
You can get legal aid?
The object of legal aid
1, proved fully justified for the protection of their legitimate rights and interests in need of help.
2, is a result of economic difficulties, no capacity or no capacity to pay full cost of legal services (citizens from economic hardship standard reference to the local government departments around the implementation of the provisions).
Blind, deaf, dumb and young people are accused or suspected criminals, not commissioned by the defence counsel, should receive legal aid. May be sentenced to death by a criminal defendant no defence counsel, should receive legal aid. Chinese and foreign nationality of the accused in criminal cases has not commissioned by the defenders, the People's Court designated counsel will be entitled to legal aid.
1, proved fully justified for the protection of their legitimate rights and interests in need of help.
2, is a result of economic difficulties, no capacity or no capacity to pay full cost of legal services (citizens from economic hardship standard reference to the local government departments around the implementation of the provisions).
Blind, deaf, dumb and young people are accused or suspected criminals, not commissioned by the defence counsel, should receive legal aid. May be sentenced to death by a criminal defendant no defence counsel, should receive legal aid. Chinese and foreign nationality of the accused in criminal cases has not commissioned by the defenders, the People's Court designated counsel will be entitled to legal aid.
Signed 10 contracts that urged
How the election for his own house »
First quarter from the start with the overall planning of the whole project has a comprehensive consideration.
In general, to occupy most of the flats district greening the best position, because green is not only pleasant landscape, its isolation of noise, dust and creating a good micro-climate, such as humidity, temperature and very effective. In Beijing, more than quarter of blowing cold northwest wind, warm southeast wind blowing and more. Experts suggest that if you choose to have the balcony to the northwest building, a vast landscape southeast of the best, because Beijing winter and spring dry, sand flow will be weakened, and the cool breeze in summer Xixi, Biemen not have the feeling, Will enable the region to form a good small-circulation, improve living comfort. Occupy an area above the balcony, the most "golden" should also be located in the apartment on the south east corner, the direction is followed by Zheng-nan, to be followed by the southwest and northeast China, Zhengdong, Zheng Xi, the Northwest, Zhengbei.
How inspected the construction site »
According to some "over" the experience, you make a purchase decision, if it is Qifang, you must occasionally visit to the scene. In view of the internal housing, you have to the housing construction area, use the area as the size, quality of housing construction, renovation standards, decoration quality, housing ancillary facilities is complete, room noise effect, ceilings, walls, floors, Whether the doors and windows were damaged, and the internal design is reasonable, and other aspects of careful study.
In addition, in view of the external housing, the Housing Authority to pay attention to the location, direction, appearance modeling, stairs, elevators, corridors, and so on.
How pay deposit »
In selecting a house, agreed upon price, you must now offers to sign and deliver a certain amount of the deposit, in general deposit 2,000 yuan to 20,000 yuan ranging between. Deposit count the number of appropriate, do not have a certain standard, depending on each item may be, but the two sides also agreed to be specific.
If you are still hesitant «Well, you and developers must offers a clear under what circumstances, you have the right to request termination of the agreement, to recover the deposit. In addition, the agreement should also include the main elements are: (1) retail property (2) housing prices, apartment, area, price, lump sum, etc. (3) payment method: a one-time, in phases, the mortgage, (4) subscription Conditions: Attention should be included, deposit, formally signed the Treaty of time, place of payment, account, signing locations, and so on.
How to sign purchase contracts »
The signing of the contract, you should listen to the views of professional lawyers, we recommend that you hire a professional lawyer, to help you one by one signed the contract text, and one by one and the developers signed supplementary provisions. If you do not have to hire a lawyer, then you sign a contract, on their own and their families must be careful to watch out carefully.
You make sure you and the developers signed a contract by the text of the Beijing Municipal Land and Resources and the Housing Authority published the text of the contract, and must identify the person signing on behalf of developers is not their legal representative, if not, Is whether the holders of its "authorized instructions," and developers should be required in the contract, with official seals.
When you signed the contract must be carefully read the text, confirmed all of the content, if many of you are concerned about the content of the contract did not reflect, we must enter into a supplemental agreement with the developers or special agreement.
In a contract for the sale of commercial housing, at least 10 the following should be clear:
(1) based on land use, housing is located here, housing delivery, (2) the total price, payment method, time of payment, (3) construction area, Inner space, sharing space and sharing sites were marked with (4) Commercial Housing The sales (or sale of existing home sales), (5) the nature of commodity housing property rights, property rights registration deadline for an agreement and the related responsibility (6) design changes in the agreement; (7) on commodity housing decoration, equipment standards, Housing quality of commitment and responsibility (8) property management and after-sale warranty, maintenance responsibility (9) contractual agreement with the measured area of difference in treatment; (10) breach of contract responsibility.
First quarter from the start with the overall planning of the whole project has a comprehensive consideration.
In general, to occupy most of the flats district greening the best position, because green is not only pleasant landscape, its isolation of noise, dust and creating a good micro-climate, such as humidity, temperature and very effective. In Beijing, more than quarter of blowing cold northwest wind, warm southeast wind blowing and more. Experts suggest that if you choose to have the balcony to the northwest building, a vast landscape southeast of the best, because Beijing winter and spring dry, sand flow will be weakened, and the cool breeze in summer Xixi, Biemen not have the feeling, Will enable the region to form a good small-circulation, improve living comfort. Occupy an area above the balcony, the most "golden" should also be located in the apartment on the south east corner, the direction is followed by Zheng-nan, to be followed by the southwest and northeast China, Zhengdong, Zheng Xi, the Northwest, Zhengbei.
How inspected the construction site »
According to some "over" the experience, you make a purchase decision, if it is Qifang, you must occasionally visit to the scene. In view of the internal housing, you have to the housing construction area, use the area as the size, quality of housing construction, renovation standards, decoration quality, housing ancillary facilities is complete, room noise effect, ceilings, walls, floors, Whether the doors and windows were damaged, and the internal design is reasonable, and other aspects of careful study.
In addition, in view of the external housing, the Housing Authority to pay attention to the location, direction, appearance modeling, stairs, elevators, corridors, and so on.
How pay deposit »
In selecting a house, agreed upon price, you must now offers to sign and deliver a certain amount of the deposit, in general deposit 2,000 yuan to 20,000 yuan ranging between. Deposit count the number of appropriate, do not have a certain standard, depending on each item may be, but the two sides also agreed to be specific.
If you are still hesitant «Well, you and developers must offers a clear under what circumstances, you have the right to request termination of the agreement, to recover the deposit. In addition, the agreement should also include the main elements are: (1) retail property (2) housing prices, apartment, area, price, lump sum, etc. (3) payment method: a one-time, in phases, the mortgage, (4) subscription Conditions: Attention should be included, deposit, formally signed the Treaty of time, place of payment, account, signing locations, and so on.
How to sign purchase contracts »
The signing of the contract, you should listen to the views of professional lawyers, we recommend that you hire a professional lawyer, to help you one by one signed the contract text, and one by one and the developers signed supplementary provisions. If you do not have to hire a lawyer, then you sign a contract, on their own and their families must be careful to watch out carefully.
You make sure you and the developers signed a contract by the text of the Beijing Municipal Land and Resources and the Housing Authority published the text of the contract, and must identify the person signing on behalf of developers is not their legal representative, if not, Is whether the holders of its "authorized instructions," and developers should be required in the contract, with official seals.
When you signed the contract must be carefully read the text, confirmed all of the content, if many of you are concerned about the content of the contract did not reflect, we must enter into a supplemental agreement with the developers or special agreement.
In a contract for the sale of commercial housing, at least 10 the following should be clear:
(1) based on land use, housing is located here, housing delivery, (2) the total price, payment method, time of payment, (3) construction area, Inner space, sharing space and sharing sites were marked with (4) Commercial Housing The sales (or sale of existing home sales), (5) the nature of commodity housing property rights, property rights registration deadline for an agreement and the related responsibility (6) design changes in the agreement; (7) on commodity housing decoration, equipment standards, Housing quality of commitment and responsibility (8) property management and after-sale warranty, maintenance responsibility (9) contractual agreement with the measured area of difference in treatment; (10) breach of contract responsibility.
A lawsuit, you will ask the lawyers?
The event of a lawsuit, which should not be a lawyer » Integrated Bar of how to determine the level of » How to assess whether the lawyers dutifully » These parties, really need to understand ---- Nongge a lawsuit, you will ask the lawyers?
Lawyers can do for you what
For ordinary people, whether lawyers can help you do it » China's Lawyers Law, the Law Society mainly engaged in the business: to accept citizens, legal persons and other organizations hired as legal adviser; accept civil cases, administrative cases commissioned by the parties, as an agent, participate in legal proceedings; accept criminal cases of criminal suspects who hire , To provide legal advice, the Acting appeals, accusations, for release on bail; acceptance of the suspect, accused the commission or the people's courts designated to serve as counsel; accept Private Prosecution Private Prosecution case, the prosecution case near relatives of the victims or the commission, As an agent, participate in legal proceedings; agents various types of cases the complaints; accepted by the parties, to participate in mediation, arbitration; accept non-litigation legal services commissioned by the parties, the provision of legal services, legal advice to answer, write documents and related legal proceedings Affairs of other instruments. In addition, today, lawyers scope of business has changed from mere legal representation, to serve the community at all levels of life, such as the separation can be entrusted with the agent out of production, to review the drafting of legal instruments, charge d'affaires corporate registration, and change agent to make economic contracts, participation Project negotiations, and so on.
Please be lawyers?
The event of lawsuits, many people feel that the lawyer is not necessary. In fact, this is a one-sided understanding. Lawyers as a professional legal service workers, entrusted, at least three aspects to you to help.
First of all, you need the time, lawyers will use their wealth of expertise, we can clearly and accurately tell you what your rights and interests have been compromised, what protective measures should be taken, there may be an inevitable or the result of the fault is what you Of nature, should be taken to what kind of remedial measures; how to formulate a comprehensive action plan, and so on.
Secondly, the procedure needs to commence proceedings, if the parties to clearly understand all the procedures are again in practice, often adversely affected aircraft. With the assistance of a lawyer, you will greatly improve efficiency, the things necessary to make proper arrangements in advance, and to ensure that documents are available, standardized procedures, through their participation in these efforts, can effectively reduce litigation costs, reduce tired of First Instance.
Third, the law stipulates that citizens in the proceedings enjoy equal rights and obligations. But in practice, the other party usually only ask you to fulfil their obligations, and lawyers better understand your rights, he will at all times for the sake of their own parties, when you were against the interests of time, lawyers will help you seek fast, convenient, the provincial Time-saving relief legal channels.
How to avoid risks to a lawyer
Today, many people in to a lawyer, often by acquaintances, friends, some due to incomplete, in the case have emerged in unnecessary troubles. Therefore, the parties hire lawyers to be noted there may be risks.
Hire a lawyer to be timely. To do so, lawyers can on the merits need for timely collection and fixed favorable evidence on the parties, can quickly take effective measures to deal with, safeguard the legitimate rights and interests of the parties. Some parties in the legal aspects of the problems encountered when there are fortunately mostly psychological, Daidao deterioration of the situation, then hire a lawyer, at this time because evidence is often difficult to obtain or already has been damaged, or has spent more than litigation, or has entered a Specific proceedings, lawyers also powerless.
Choice of law firms and lawyers. Attention to see if there is any by the provincial-level judicial administrative organs issued by the law firm practice permit a certain understanding of what lawyers in the case of long-term experience and good professional ethics and practice quality lawyers are full-time, part-time, three specially invited, To view the client lawyers cards have not been registered annual inspection, preferably retained a copy, the lawyer for a wrongful act to the judicial and administrative departments to report; whether their "naming" or others, should be subject to Law firm commissioned by the negotiations and procedures for.
The commission signed an agreement regulating perfect. Lawyers and the parties to enter into "agency agreement" (or contract) and "authorized instructions." Under normal circumstances, agents have the right to the agent of the general and special agents authorized agent two. Acting general agent is only a general right of action, such as the prosecution, responding to the right, the right to evade the application, to provide evidence to the debate on the right, especially with the authorized agent is closely related entities the right to the right of action agents, such as recognition, waiver, change The claim was an agent for reconciliation and counter-claims filed by an agent or agents, such as an appeal. Therefore, the parties in completing the "commissioned by the power of attorney", in line with the cases of the actual situation and pay attention to Xieqing agent authority. The award of the special agents have authorized the matter should be indicated, each of the specific content of special authorization to prevent the violation of an agent of the true will of the parties, resulting in unnecessary losses.
Timely payment of legal fees. Lawyers entrusted the costs typically include agents fees, case expenses and operating expenses. The agency fees should be paid for in phases, the last one as far as possible on matters entrusted to pay for at the end, to encourage lawyers to work. The case costs and operating expenses can be reimbursed, the amount not expected, the contractor can be paid. The cost to the agency's law firm financial officers delivery, and asked the reception desk.
Vigilance "Three Guarantees" lawyers. Some lawyers to present the source and Lan violation of professional ethics and practice discipline, the irresponsible parties pledged to "Three Guarantees" (including wins, Bao Fang, packets of innocence). Lawsuit itself is a higher risk activities, there is no absolute victory. The parties should guard against such a "Paixiong Fu" lawyers, because "a lawsuit is evidence," the lawsuit "efforts" should be placed on investigation and evidence collection. If necessary, the parties signed with the lawyers risk agent contract.
Issued a written legal submission requirements. The lawyers for advice or agents of the work, the parties may request a written legal opinion issued by the relevant agency work or report, and not just limited to oral statement. The lawyers are not satisfied with the quality of services, commissioned by the agreement not to work or because of damage caused by errors, the parties to the local Bureau of Justice or the Bar Association of complaints to its commitment to compensation liability.
Have to hire a lawyer skills
Hire professional lawyers. Laws, including Civil and Commercial Law, criminal law, administrative law, economic law, and various other aspects, it is impossible to lawyers so many are familiar with the legal requirements, different lawyers in different areas of strengths. Therefore, in the face of different areas, different nature of the case, I suggest you the right remedy, or have expertise in this area of the lawyers, you maximize the safeguarding of the legitimate interests.
Employ a certain experienced lawyers. People generally have a blind faith in authority, the pursuit of "brand" the psychological, so please lawyers will take "the older the better" idea. In fact, this understanding is not entirely correct. Therefore, the general case of simple, ordinary lawyers will be able to run, but for more complicated cases, to employ a multi-year work experience in a relatively good number of lawyers.
Strong overall quality of hire lawyers. Practice has proved that academic qualifications and work experience is important, but the level of case-handling capacity and more critical cases. In reality, many lawyers are not directly from the institutions of law graduates, but doctors have been engaged in teaching, mechanics, and so different occupations, and in dealing with their own previous work-related legal matters will be handy. Therefore, the expertise of strong, integrated high-quality lawyers should be your first choice.
Lawyers can do for you what
For ordinary people, whether lawyers can help you do it » China's Lawyers Law, the Law Society mainly engaged in the business: to accept citizens, legal persons and other organizations hired as legal adviser; accept civil cases, administrative cases commissioned by the parties, as an agent, participate in legal proceedings; accept criminal cases of criminal suspects who hire , To provide legal advice, the Acting appeals, accusations, for release on bail; acceptance of the suspect, accused the commission or the people's courts designated to serve as counsel; accept Private Prosecution Private Prosecution case, the prosecution case near relatives of the victims or the commission, As an agent, participate in legal proceedings; agents various types of cases the complaints; accepted by the parties, to participate in mediation, arbitration; accept non-litigation legal services commissioned by the parties, the provision of legal services, legal advice to answer, write documents and related legal proceedings Affairs of other instruments. In addition, today, lawyers scope of business has changed from mere legal representation, to serve the community at all levels of life, such as the separation can be entrusted with the agent out of production, to review the drafting of legal instruments, charge d'affaires corporate registration, and change agent to make economic contracts, participation Project negotiations, and so on.
Please be lawyers?
The event of lawsuits, many people feel that the lawyer is not necessary. In fact, this is a one-sided understanding. Lawyers as a professional legal service workers, entrusted, at least three aspects to you to help.
First of all, you need the time, lawyers will use their wealth of expertise, we can clearly and accurately tell you what your rights and interests have been compromised, what protective measures should be taken, there may be an inevitable or the result of the fault is what you Of nature, should be taken to what kind of remedial measures; how to formulate a comprehensive action plan, and so on.
Secondly, the procedure needs to commence proceedings, if the parties to clearly understand all the procedures are again in practice, often adversely affected aircraft. With the assistance of a lawyer, you will greatly improve efficiency, the things necessary to make proper arrangements in advance, and to ensure that documents are available, standardized procedures, through their participation in these efforts, can effectively reduce litigation costs, reduce tired of First Instance.
Third, the law stipulates that citizens in the proceedings enjoy equal rights and obligations. But in practice, the other party usually only ask you to fulfil their obligations, and lawyers better understand your rights, he will at all times for the sake of their own parties, when you were against the interests of time, lawyers will help you seek fast, convenient, the provincial Time-saving relief legal channels.
How to avoid risks to a lawyer
Today, many people in to a lawyer, often by acquaintances, friends, some due to incomplete, in the case have emerged in unnecessary troubles. Therefore, the parties hire lawyers to be noted there may be risks.
Hire a lawyer to be timely. To do so, lawyers can on the merits need for timely collection and fixed favorable evidence on the parties, can quickly take effective measures to deal with, safeguard the legitimate rights and interests of the parties. Some parties in the legal aspects of the problems encountered when there are fortunately mostly psychological, Daidao deterioration of the situation, then hire a lawyer, at this time because evidence is often difficult to obtain or already has been damaged, or has spent more than litigation, or has entered a Specific proceedings, lawyers also powerless.
Choice of law firms and lawyers. Attention to see if there is any by the provincial-level judicial administrative organs issued by the law firm practice permit a certain understanding of what lawyers in the case of long-term experience and good professional ethics and practice quality lawyers are full-time, part-time, three specially invited, To view the client lawyers cards have not been registered annual inspection, preferably retained a copy, the lawyer for a wrongful act to the judicial and administrative departments to report; whether their "naming" or others, should be subject to Law firm commissioned by the negotiations and procedures for.
The commission signed an agreement regulating perfect. Lawyers and the parties to enter into "agency agreement" (or contract) and "authorized instructions." Under normal circumstances, agents have the right to the agent of the general and special agents authorized agent two. Acting general agent is only a general right of action, such as the prosecution, responding to the right, the right to evade the application, to provide evidence to the debate on the right, especially with the authorized agent is closely related entities the right to the right of action agents, such as recognition, waiver, change The claim was an agent for reconciliation and counter-claims filed by an agent or agents, such as an appeal. Therefore, the parties in completing the "commissioned by the power of attorney", in line with the cases of the actual situation and pay attention to Xieqing agent authority. The award of the special agents have authorized the matter should be indicated, each of the specific content of special authorization to prevent the violation of an agent of the true will of the parties, resulting in unnecessary losses.
Timely payment of legal fees. Lawyers entrusted the costs typically include agents fees, case expenses and operating expenses. The agency fees should be paid for in phases, the last one as far as possible on matters entrusted to pay for at the end, to encourage lawyers to work. The case costs and operating expenses can be reimbursed, the amount not expected, the contractor can be paid. The cost to the agency's law firm financial officers delivery, and asked the reception desk.
Vigilance "Three Guarantees" lawyers. Some lawyers to present the source and Lan violation of professional ethics and practice discipline, the irresponsible parties pledged to "Three Guarantees" (including wins, Bao Fang, packets of innocence). Lawsuit itself is a higher risk activities, there is no absolute victory. The parties should guard against such a "Paixiong Fu" lawyers, because "a lawsuit is evidence," the lawsuit "efforts" should be placed on investigation and evidence collection. If necessary, the parties signed with the lawyers risk agent contract.
Issued a written legal submission requirements. The lawyers for advice or agents of the work, the parties may request a written legal opinion issued by the relevant agency work or report, and not just limited to oral statement. The lawyers are not satisfied with the quality of services, commissioned by the agreement not to work or because of damage caused by errors, the parties to the local Bureau of Justice or the Bar Association of complaints to its commitment to compensation liability.
Have to hire a lawyer skills
Hire professional lawyers. Laws, including Civil and Commercial Law, criminal law, administrative law, economic law, and various other aspects, it is impossible to lawyers so many are familiar with the legal requirements, different lawyers in different areas of strengths. Therefore, in the face of different areas, different nature of the case, I suggest you the right remedy, or have expertise in this area of the lawyers, you maximize the safeguarding of the legitimate interests.
Employ a certain experienced lawyers. People generally have a blind faith in authority, the pursuit of "brand" the psychological, so please lawyers will take "the older the better" idea. In fact, this understanding is not entirely correct. Therefore, the general case of simple, ordinary lawyers will be able to run, but for more complicated cases, to employ a multi-year work experience in a relatively good number of lawyers.
Strong overall quality of hire lawyers. Practice has proved that academic qualifications and work experience is important, but the level of case-handling capacity and more critical cases. In reality, many lawyers are not directly from the institutions of law graduates, but doctors have been engaged in teaching, mechanics, and so different occupations, and in dealing with their own previous work-related legal matters will be handy. Therefore, the expertise of strong, integrated high-quality lawyers should be your first choice.
6 to a lawyer should avoid misunderstanding
Lawsuits, the lawyers how the election? » This issue's "people lawyers" on the re-interviewed Hezhong lawyer Xu Changqing. Xu lawyers said, the parties elected six lawyers should avoid misunderstanding.
[Brief] lawyers
Huang Zhou Jia Jia-Xiamen, Fujian law firm lawyers. Legal Adviser of this year.
Xu Changqing Xiamen University Law School Master of Laws, the incumbent re-Hezhong law firm lawyers.
Misunderstanding [a] the higher the better educated lawyer
Xu Changqing: the parties will be educated as there is no improper considerations. However, if one-sided into consideration the misunderstanding, because the highly educated lawyer may not have abundant practical experience.
The parties can not be the same election lawyers, "the only title of" or "Only older theory," not arbitrary to say that the longer a business practice and experience will be strong, because the law in the issuance of revised, repealed, the business five years or less young Lawyers and sometimes even practitioners than 20 lawyers also good at using the latest requirements.
[2] Mistakes lawyers fees Yuediyuehao
Xu Changqing: Some clients like a lawyer "comparative shopping" and then eventually lower the charges by lawyers, this is not necessarily a smart move. Because the solicitor's fees are too low, significantly below the required standards, but malicious competition, will certainly lower the quality of services.
[3] errors of judgement in favour of lawyers asked confidence
Xu Changqing: party favorite question was "in favour of" the number of « Answered by the lawyers in favour of the higher rate, the more that the lawyers are confident, otherwise a lack of confidence that the Law Society. In fact, litigation activities is not mathematical calculations, and the need to rely on evidence to prove that have taken place in the facts and clarify the law and applicable law. Therefore, the lawyers have not seen each other in the evidence, talk about rates in favour of little significance. Claimed 100 per cent in favour of the lawyers, to practise their own violations of discipline, and extremely irresponsible promises.
[4] Mistakes can replace their own lawyers
Xu Changqing: Some of the parties to the various consulting firms the same issue, gradually feel that lawyers Buguoruci. In fact, the Advisory Counsel, the answer can only be a preliminary judgement, only focus on the most direct, the parties therefore of the opinion that "the case is very simple," lawyer "is only moving dynamic Zuipi Zi," feel that they can be competent, the results may be small Lost big.
Misunderstanding [5] "The court will help me to find out the facts"
Xu Changqing: Some of the parties that the court heard no evidence, the court must be thoroughly investigated. In fact, the existing litigation system, the courts of the basic facts of the investigation depends on the evidence submitted by the parties, according to the authenticity of evidence, the relevance of legitimacy to establish the facts. Parties to ignore the evidence, or pinning hopes on the blue sky survey to help judge the evidence is not realistic.
[6] errors against a lawyer not level
Xu Changqing: litigation and the risk of this is not isolated. If the parties themselves in the areas of proof on the existence of objective difficulties, lawyers in the unfavorable situation for the next try, then even if lost can not be attributed to lawyers.
[Brief] lawyers
Huang Zhou Jia Jia-Xiamen, Fujian law firm lawyers. Legal Adviser of this year.
Xu Changqing Xiamen University Law School Master of Laws, the incumbent re-Hezhong law firm lawyers.
Misunderstanding [a] the higher the better educated lawyer
Xu Changqing: the parties will be educated as there is no improper considerations. However, if one-sided into consideration the misunderstanding, because the highly educated lawyer may not have abundant practical experience.
The parties can not be the same election lawyers, "the only title of" or "Only older theory," not arbitrary to say that the longer a business practice and experience will be strong, because the law in the issuance of revised, repealed, the business five years or less young Lawyers and sometimes even practitioners than 20 lawyers also good at using the latest requirements.
[2] Mistakes lawyers fees Yuediyuehao
Xu Changqing: Some clients like a lawyer "comparative shopping" and then eventually lower the charges by lawyers, this is not necessarily a smart move. Because the solicitor's fees are too low, significantly below the required standards, but malicious competition, will certainly lower the quality of services.
[3] errors of judgement in favour of lawyers asked confidence
Xu Changqing: party favorite question was "in favour of" the number of « Answered by the lawyers in favour of the higher rate, the more that the lawyers are confident, otherwise a lack of confidence that the Law Society. In fact, litigation activities is not mathematical calculations, and the need to rely on evidence to prove that have taken place in the facts and clarify the law and applicable law. Therefore, the lawyers have not seen each other in the evidence, talk about rates in favour of little significance. Claimed 100 per cent in favour of the lawyers, to practise their own violations of discipline, and extremely irresponsible promises.
[4] Mistakes can replace their own lawyers
Xu Changqing: Some of the parties to the various consulting firms the same issue, gradually feel that lawyers Buguoruci. In fact, the Advisory Counsel, the answer can only be a preliminary judgement, only focus on the most direct, the parties therefore of the opinion that "the case is very simple," lawyer "is only moving dynamic Zuipi Zi," feel that they can be competent, the results may be small Lost big.
Misunderstanding [5] "The court will help me to find out the facts"
Xu Changqing: Some of the parties that the court heard no evidence, the court must be thoroughly investigated. In fact, the existing litigation system, the courts of the basic facts of the investigation depends on the evidence submitted by the parties, according to the authenticity of evidence, the relevance of legitimacy to establish the facts. Parties to ignore the evidence, or pinning hopes on the blue sky survey to help judge the evidence is not realistic.
[6] errors against a lawyer not level
Xu Changqing: litigation and the risk of this is not isolated. If the parties themselves in the areas of proof on the existence of objective difficulties, lawyers in the unfavorable situation for the next try, then even if lost can not be attributed to lawyers.
How a lawsuit to a lawyer
It is not difficult now to a lawyer, may request a good lawyer is not easy.
Lawyers on the outcome of a lawsuit played a very important role. How a lawsuit to a lawyer » With this issue, this reporter visited the Qinghai Haibo Law Firm.
To a lawyer should be well prepared before
With the increased awareness of the law, the ordinary people before a lawsuit is always the advice of a lawyer, or to a lawyer to help his lawsuit. So, what should be done before the lawyers prepared to do »
Haibo, director of perfunctory City law firm, said: "Please do not litigation counsel on the case to the impact of very large, suggested to a lawyer before the first collection or organizing their own cases to prosecute or respond to the evidence, or in a lawsuit before a lawyer Advice, through the guidance of lawyers to gather evidence of their own, and do a good job of responding to the prosecution or psychologically prepared. China's resumption of the lawyer system, now general counsel in improving the quality of our lawyers are highly educated, solicitor, Continue to improve in quality. "
The advantages of lawyers
Some people think that a lawsuit to lawyers, and lawyers then where is the advantage » Perfunctory City, said: "The main advantage of lawyers is that they have a more solid theoretical knowledge and practical experience, mastering the more sophisticated cases, broader ideas, more practical, can accurately grasp the direction of development of the case, to provide clients Better quality of legal services, work more efficiently; Also, lawyers are still to some extent the other party to the psychological pressure, and get the psychological high ground of litigation. "
The lawyer charges more expensive the better?
Qing-Hai Li counsel that, if we are to a lawyer, first of all should be clear, lawyers are not charging more expensive the better. He believes that a lawyer should first consider whether the lawyers work, practical work seriously, the case analysis and judgement is unique, brilliant and charge fees are reasonable; addition, the lawyers should also consider whether the prime of life, there is sufficient time and energy to concern You have entrusted the matter. A qualified lawyer, first of all to high professional standards, have a good quality.
Under what circumstances can a lawyer
Some people encountered some very simple cases, in order to reduce litigation costs, not necessarily to a lawyer. So, under what circumstances should a lawyer, under what circumstances a lawyer can not be »
Perfunctory City said: We, too, that some of the cases do not necessarily have to a lawyer, not a lawsuit to the parties to a lawyer depends largely on their own. If you did not grasp the case, I do not know how to sort out their own ideas, I do not know how to improve their own ideas, do not know how more effective use of the law, then I suggest that the parties or to a lawyer and vice versa, if you have the knowledge and Experience that could easily take part in its proceedings, then they can choose not to a lawyer. In addition, the criminal case whether a lawyer participating in litigation, the result is absolutely not the same. Some lawyers involved in the case of judgement must do no harm, the lawyer is a product of democracy, the rule of law is the product of lawyers. Therefore, the lawyers was whether the community to respect, is whether the country marked the issue of democracy and the rule of law.
Criminal cases to a lawyer in the end have to be » For example, such as a natural situation for the defendant's "18", "18-year-old" age or is it Xusui » Lawyers to consider this issue, the problem may be related to sentencing judges. For instance, "14-year-old", the state law, only over 14 years old, the age of 16 minors, committed particularly serious crimes, should be held criminally responsible. Therefore, conditional parties, whether in criminal cases or civil cases, the lawyer is no harm, which will enhance efficiency. Counsel for the parties is the need for the lawsuit, if the economy is very difficult, the state will also have legal assistance. Law Office will take into account the client's economic capacity, relief some of the costs.
There is also a situation that is, if you do not have the time and energy to take account of the case, or do not want to court, and the other party does not want to meet in court, could also consider fully commissioned lawyers to deal with.
How to face the cases against lawyers
Playing down a lawsuit, there is always a loser wins, if the lawsuit failed, lawyers how to face this »
Qing-Hai Li said: "Of course, lawyers contractors have won the outcome of the case are losers, lawyers can not guarantee that all contractors in favour of all the cases, I think, a good lawyer who, if they lose the case, should first identify the reasons for the establishment of losing , To be good at summing up the case against the crux of the problem and, through analysis and judgement, confident in the case of an appeal to the parties, if indeed lost Yougenyouju no way to restore lost the situation, it should be good communication between the parties and, to the Xiao Li, the party lost the oral Xinfu, the contractor lawyers should also be timely sum up experience, in order to make the future work. "
No money to a lawyer who can?
The need for a lawyer, but has no money of the people who need the time the lawyers how to do is not only to give up the right to a lawyer.
Perfunctory City said: "The lawyers have to survive, the Law Society is to Zhengqianyanghuo own. Do not have the money people can ask lawyers, but to the different situations. If the parties for the time being unable to pay legal fees, according to the circumstances of the case and Law Firm of a services agreement, or a risk of agency agreements, to get the assistance of a lawyer if you are in need of legal assistance to the target, then under relevant provisions of national and "Qinghai Legal Aid Ordinance" for the provisions of course, the "Regulations" on the scope of legal aid and assistance in the form of objects and enjoy a more clearly defined, only with all aspects of the conditions in order to enjoy legal assistance. "
Relations will go on to become good lawyers
Some lawyers said their "relations," the lawsuit a "good", some people doubt this: Please love running good relations between the lawyers, the parties must benefit? »
Qing-Hai Li said that with the increased awareness of the law, people now understand a simple truth: a lawsuit is the evidence. Therefore, the case of winning or losing depends primarily on the evidence. As China's law enforcement to further improve the environment and purification, who cast aside the case of objective facts and evidence of effective, running blindly emphasized the lawyers will not become a good lawyer, because as a lawyer, not Zhencaishixue to handle the case, not with Their professional skills to win the victory of the proceedings, those who engage in Waimenxiedao, with speculation Zuanying with laws and regulations to acts prohibited by the contractor cases, the lawyers will harm the parties, will harm its own. Litigation is a legal fact, evidence of fighting, and some lawyers go to Zhao Shuren, the lawyer is not good lawyer. Some of the parties to the relationship between love running the lawyers, productive results.
If you want to try a lawsuit to a lawyer, at least consulting the Law Society, an outstanding lawyer is critical, look at the main lawyers on the merits of how not to speak, please lying and love running between the lawyers.
False lawyers do not take the long-term
Lawyers in court, said it is true? » He will not be subject to the interests of some false? »
Qing-Hai Li, the lawyer said that every word is true. He will, in reality can tell the parties how to answer questions, how to respond, but can not be forged evidence that lie, the lawyers did not take long-term. To become qualified lawyers, must seek truth from facts, the parties to provide legal services to protect his legal rights, rather than safeguarding the interests of the parties illegal. Such acts are extremely dangerous and sometimes to the breach of the law. Shashi can not do this, lawyers to use his experience and knowledge with legal means to safeguard the legitimate rights and interests of the parties.
Bar the most important thing is learning
In addition to lawyers handling cases, the most important thing is to learn.
Qing-Hai Li said, I think good lawyers should learn every day, lawyers like the doctor, often the face of new diseases and new drugs, must often enrich the learning.
Lawyers on the outcome of a lawsuit played a very important role. How a lawsuit to a lawyer » With this issue, this reporter visited the Qinghai Haibo Law Firm.
To a lawyer should be well prepared before
With the increased awareness of the law, the ordinary people before a lawsuit is always the advice of a lawyer, or to a lawyer to help his lawsuit. So, what should be done before the lawyers prepared to do »
Haibo, director of perfunctory City law firm, said: "Please do not litigation counsel on the case to the impact of very large, suggested to a lawyer before the first collection or organizing their own cases to prosecute or respond to the evidence, or in a lawsuit before a lawyer Advice, through the guidance of lawyers to gather evidence of their own, and do a good job of responding to the prosecution or psychologically prepared. China's resumption of the lawyer system, now general counsel in improving the quality of our lawyers are highly educated, solicitor, Continue to improve in quality. "
The advantages of lawyers
Some people think that a lawsuit to lawyers, and lawyers then where is the advantage » Perfunctory City, said: "The main advantage of lawyers is that they have a more solid theoretical knowledge and practical experience, mastering the more sophisticated cases, broader ideas, more practical, can accurately grasp the direction of development of the case, to provide clients Better quality of legal services, work more efficiently; Also, lawyers are still to some extent the other party to the psychological pressure, and get the psychological high ground of litigation. "
The lawyer charges more expensive the better?
Qing-Hai Li counsel that, if we are to a lawyer, first of all should be clear, lawyers are not charging more expensive the better. He believes that a lawyer should first consider whether the lawyers work, practical work seriously, the case analysis and judgement is unique, brilliant and charge fees are reasonable; addition, the lawyers should also consider whether the prime of life, there is sufficient time and energy to concern You have entrusted the matter. A qualified lawyer, first of all to high professional standards, have a good quality.
Under what circumstances can a lawyer
Some people encountered some very simple cases, in order to reduce litigation costs, not necessarily to a lawyer. So, under what circumstances should a lawyer, under what circumstances a lawyer can not be »
Perfunctory City said: We, too, that some of the cases do not necessarily have to a lawyer, not a lawsuit to the parties to a lawyer depends largely on their own. If you did not grasp the case, I do not know how to sort out their own ideas, I do not know how to improve their own ideas, do not know how more effective use of the law, then I suggest that the parties or to a lawyer and vice versa, if you have the knowledge and Experience that could easily take part in its proceedings, then they can choose not to a lawyer. In addition, the criminal case whether a lawyer participating in litigation, the result is absolutely not the same. Some lawyers involved in the case of judgement must do no harm, the lawyer is a product of democracy, the rule of law is the product of lawyers. Therefore, the lawyers was whether the community to respect, is whether the country marked the issue of democracy and the rule of law.
Criminal cases to a lawyer in the end have to be » For example, such as a natural situation for the defendant's "18", "18-year-old" age or is it Xusui » Lawyers to consider this issue, the problem may be related to sentencing judges. For instance, "14-year-old", the state law, only over 14 years old, the age of 16 minors, committed particularly serious crimes, should be held criminally responsible. Therefore, conditional parties, whether in criminal cases or civil cases, the lawyer is no harm, which will enhance efficiency. Counsel for the parties is the need for the lawsuit, if the economy is very difficult, the state will also have legal assistance. Law Office will take into account the client's economic capacity, relief some of the costs.
There is also a situation that is, if you do not have the time and energy to take account of the case, or do not want to court, and the other party does not want to meet in court, could also consider fully commissioned lawyers to deal with.
How to face the cases against lawyers
Playing down a lawsuit, there is always a loser wins, if the lawsuit failed, lawyers how to face this »
Qing-Hai Li said: "Of course, lawyers contractors have won the outcome of the case are losers, lawyers can not guarantee that all contractors in favour of all the cases, I think, a good lawyer who, if they lose the case, should first identify the reasons for the establishment of losing , To be good at summing up the case against the crux of the problem and, through analysis and judgement, confident in the case of an appeal to the parties, if indeed lost Yougenyouju no way to restore lost the situation, it should be good communication between the parties and, to the Xiao Li, the party lost the oral Xinfu, the contractor lawyers should also be timely sum up experience, in order to make the future work. "
No money to a lawyer who can?
The need for a lawyer, but has no money of the people who need the time the lawyers how to do is not only to give up the right to a lawyer.
Perfunctory City said: "The lawyers have to survive, the Law Society is to Zhengqianyanghuo own. Do not have the money people can ask lawyers, but to the different situations. If the parties for the time being unable to pay legal fees, according to the circumstances of the case and Law Firm of a services agreement, or a risk of agency agreements, to get the assistance of a lawyer if you are in need of legal assistance to the target, then under relevant provisions of national and "Qinghai Legal Aid Ordinance" for the provisions of course, the "Regulations" on the scope of legal aid and assistance in the form of objects and enjoy a more clearly defined, only with all aspects of the conditions in order to enjoy legal assistance. "
Relations will go on to become good lawyers
Some lawyers said their "relations," the lawsuit a "good", some people doubt this: Please love running good relations between the lawyers, the parties must benefit? »
Qing-Hai Li said that with the increased awareness of the law, people now understand a simple truth: a lawsuit is the evidence. Therefore, the case of winning or losing depends primarily on the evidence. As China's law enforcement to further improve the environment and purification, who cast aside the case of objective facts and evidence of effective, running blindly emphasized the lawyers will not become a good lawyer, because as a lawyer, not Zhencaishixue to handle the case, not with Their professional skills to win the victory of the proceedings, those who engage in Waimenxiedao, with speculation Zuanying with laws and regulations to acts prohibited by the contractor cases, the lawyers will harm the parties, will harm its own. Litigation is a legal fact, evidence of fighting, and some lawyers go to Zhao Shuren, the lawyer is not good lawyer. Some of the parties to the relationship between love running the lawyers, productive results.
If you want to try a lawsuit to a lawyer, at least consulting the Law Society, an outstanding lawyer is critical, look at the main lawyers on the merits of how not to speak, please lying and love running between the lawyers.
False lawyers do not take the long-term
Lawyers in court, said it is true? » He will not be subject to the interests of some false? »
Qing-Hai Li, the lawyer said that every word is true. He will, in reality can tell the parties how to answer questions, how to respond, but can not be forged evidence that lie, the lawyers did not take long-term. To become qualified lawyers, must seek truth from facts, the parties to provide legal services to protect his legal rights, rather than safeguarding the interests of the parties illegal. Such acts are extremely dangerous and sometimes to the breach of the law. Shashi can not do this, lawyers to use his experience and knowledge with legal means to safeguard the legitimate rights and interests of the parties.
Bar the most important thing is learning
In addition to lawyers handling cases, the most important thing is to learn.
Qing-Hai Li said, I think good lawyers should learn every day, lawyers like the doctor, often the face of new diseases and new drugs, must often enrich the learning.
Law firms and their employees how to pay personal income tax
1) personal lawyer to set up a wholly-owned investment partnership and the nature of the law firm's annual operating income, as the investor's personal lawyers operating income, in accordance with the production of individual industrial and commercial households, the calculation of operating income to pay personal income tax. In the calculation of its operating income, investment counsel my wages, salaries may not be deducted.
(2) partnership law firms should be in full year operating income as a base, according to fund this or the prior agreement of all partners should be calculated the distribution of income, calculated to pay personal income tax.
(3) law firm paid to employees (including lawyers and administrative support staff, but does not include law firms to investors) the proceeds, according to wages, salaries paid from the calculation of personal income tax.
(4) as a law firm lawyers and employees of law firms in accordance with the regulations on the proportion of the share, law firm lawyers do not burden of cases in costs (such as transportation, information, communications and hire staff, and other costs), Lawyers into the month of revenue, according to provinces, autonomous regions and municipalities where the Inland Revenue Department identified the lawyers month does not exceed 30 per cent of the share of income, the deduction for expenses incurred by the case, with the balance of the wage law firms to merge, according to Wages, salaries paid from the calculation of personal income tax.
(5) part-time lawyers from the law firm in wages, salaries nature of the proceeds, law firm in Daikou paying their personal income tax, no personal income tax law minus the cost of the standard deduction to income in full (made into The net income for the case of expenditures for the balance) directly determining the applicable tax rates, personal income tax withholding calculations.
(6) lawyers from the legal affairs service of the Legal Adviser of the parties to obtain fees or other emoluments, according to labor remuneration from the calculation of personal income tax payers.
(2) partnership law firms should be in full year operating income as a base, according to fund this or the prior agreement of all partners should be calculated the distribution of income, calculated to pay personal income tax.
(3) law firm paid to employees (including lawyers and administrative support staff, but does not include law firms to investors) the proceeds, according to wages, salaries paid from the calculation of personal income tax.
(4) as a law firm lawyers and employees of law firms in accordance with the regulations on the proportion of the share, law firm lawyers do not burden of cases in costs (such as transportation, information, communications and hire staff, and other costs), Lawyers into the month of revenue, according to provinces, autonomous regions and municipalities where the Inland Revenue Department identified the lawyers month does not exceed 30 per cent of the share of income, the deduction for expenses incurred by the case, with the balance of the wage law firms to merge, according to Wages, salaries paid from the calculation of personal income tax.
(5) part-time lawyers from the law firm in wages, salaries nature of the proceeds, law firm in Daikou paying their personal income tax, no personal income tax law minus the cost of the standard deduction to income in full (made into The net income for the case of expenditures for the balance) directly determining the applicable tax rates, personal income tax withholding calculations.
(6) lawyers from the legal affairs service of the Legal Adviser of the parties to obtain fees or other emoluments, according to labor remuneration from the calculation of personal income tax payers.
From the salaries of part-time lawyers how to pay taxes
Part-time lawyers from the law firm in wages, salaries nature of the proceeds, law firm in Daikou paying their personal income tax, no longer set off against the personal income tax law provides for the cost of the standard deduction to a full income (for a share of income Net expenditures of cases in the balance) directly determining the applicable tax rates, personal income tax withholding calculations. The part-time lawyers should be on seven days to declare to tax authorities in charge of two or two above the wages, salaries that the combined payment of personal income tax. Part-time lawyers refer to as solicitor and counsel practising certificate, not from our own work in the lawyers professional staff.
Example: Chen is a university lecturer in the Faculty of Law, has made the Bar and lawyers practising certificate, a law firm was appointed part-time lawyers. October 2006, the school paid 2,400 yuan; wages from the law firm made 6,000 yuan (after deducting expenditures of cases). While redeeming its personal income tax is calculated as follows:
1. The school to pay wages at the individual income tax withholdings = (24001600) × 10%% 25 = 800 × 10%% 25 = 55
2. Firm personal income tax withholdings = 6000 × 20%% 375 = 825
3. Chen month to declare personal income tax should be back = (24
The back taxes should be self-declared Chen the monthly tax returns in fixed locations and choose one to declare the tax authorities.
Example: Chen is a university lecturer in the Faculty of Law, has made the Bar and lawyers practising certificate, a law firm was appointed part-time lawyers. October 2006, the school paid 2,400 yuan; wages from the law firm made 6,000 yuan (after deducting expenditures of cases). While redeeming its personal income tax is calculated as follows:
1. The school to pay wages at the individual income tax withholdings = (24001600) × 10%% 25 = 800 × 10%% 25 = 55
2. Firm personal income tax withholdings = 6000 × 20%% 375 = 825
3. Chen month to declare personal income tax should be back = (24
The back taxes should be self-declared Chen the monthly tax returns in fixed locations and choose one to declare the tax authorities.
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