The burden of the cost of litigation to determine

Cases handled by the charges against the burden on the parties. The two sides have a responsibility shared by both sides. Against the common litigants, the people's court shall in accordance with their respective litigation on the subject of interest, should decide their own burden of the amount. For them for their own interests of the proceedings of the expenses incurred by the burden of the client. Other litigation costs from the people's court under specific circumstances, a decision the parties shall pay the amount.

Dier Shen People's Court of First Instance of the People's Court made a judgement of the revision, in addition to Dier Shen parties should determine the burden of legal costs, should also make corresponding changes to the people's court of first instance the cost of litigation burden of the decision. Dier Shen People's Court rejected the appeal of the case, the appeal of cases handled by the appellant burden for both sides to appeal, the two parties share.

The people's court mediation to reach an agreement the case, the burden of the cost of litigation, by consultation between the two sides resolved the negotiations not by the people's court decision. Dier Shen People's Court of Appeal case, the conciliation agreement, the first instance and Dier Shen all the burden of the cost of litigation, by consultation between the two sides resolved the fragmentation consultations, Dier Shen from the people's court decision.

Divorce cases the burden of the cost of litigation, by the people's court decision.

Withdrawn the cases, the cases handled by the fee burden on the plaintiff, halved charge; other litigation costs are based on actual expenditures charged. Rejected the prosecution's case, the case accepted for prosecution by the parties to the burden.

For the implementation of fees and implementation of the actual costs incurred by the applicant burden. Measures of protection for litigation costs for maritime and maritime cases for the arrest of the ship, for retention of goods, fuels the application fee, the losing party from the burden. Limitation of liability for the owner of an application fee by the applicant burden.

Because of the improper actions of the parties the expenses incurred by the burden of the client.

Seeking alimony, maintenance fees, Fu Yufei, pensions and remuneration for labor cases, the plaintiff is not the case admissible Precrosslinked charges when the case was concluded by the losing party burden.

Parties to pay the cost of litigation is difficult, the people's court for Huanjiao, reduce pay or pay. Whether or not ease, reduce, avoid, by the people's courts to review decisions.

The following cases handled cases exempt from fees: (1) in accordance with the provisions of the Civil Procedure Law of the cases before the special procedures, (2) trial supervision procedures in accordance with the arraignment, the retrial of the case.

The parties shall not be alone on the cost of litigation on the people's court appeal against the decision.

Commissioned to consult lawyers before the six issues

1, I choose the cases that I deal with the most advantageous method » The applicants the arbitral »is litigation» or reconciliation with each other
2, my case, the key question is what »
3, I may have a case where several results »
4, if successful, I can be what benefits » What is the loss » If unsuccessful, I need to bear any legal responsibility »
5, this case about how long the time-consuming »
6, I this case the total cost is expected to be about how much »
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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. Litigation lawyers to participate in activities, you can 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. Lawyer 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. Agents of the proceedings
2. Supervisory procedures in civil cases tried in Acting
3. In the implementation process of Acting

Acting Criminal ◆

1. For criminal suspects to provide legal aid
2. Review of the indictment stage of the defenders
3. Defenders of the indictment of first instance cases
4. Indictable cases of second instance as defenders
5. Prosecution case as an agent of victims
6. As an agent of Private Prosecution case
7. Private Prosecution case as an agent of the defendant
8. Incidental civil action as an agent of the parties
9. As an agent of criminal appeal cases


◆ Acting Administrative Litigation

1. In the first trial of agent
2. In the second instance in Acting
3. Appeals in Acting


◆ for non-litigation legal services
1. As enterprises and institutions, government agencies, civil society groups and the legal adviser to the project or legal advisers.
2. Agents arbitration
3. Acting Administrative Reconsideration
4. Asked to answer legal
5. Daishu
6. Witness


◆ for financial and securities law matters

1. Registered foreign debt
2. Issuing and listing stocks


◆ intellectual property rights for Legal Affairs

1. Copyright business
2. Franchised business
3. Trademark business
4. Unfair competition cases of agents


◆ the sale of real estate for Legal Affairs

1. Participation in the negotiations
2. Contractors, developers credit investigation
3. Contract review
4. Pre-sale contracts registered agent


◆ other companies and individuals legal affairs within the scope permitted by law all legal affairs

Guidelines for the implementation of case

First, the application for enforcement, people's courts should submit the following documents and documents:

1, the effective legal instruments Original.

2, for the implementation of the. For the implementation of the book should be written for the implementation of the reasons for the implementation of the subject, and the application by the executor of the property Beizhihangren understanding of the situation.

3, the implementation of cases table. The list of legal instruments by the entry into force of a field covered by the trial judge signature of the Court of the Court of chapter. (The first-instance judgement, the first trial by the trial judge signed or sealed after the second trial, the judge signed or sealed by the second instance).

4, for holders of identification. For the individual citizen, should submit a photocopy of identity cards; corporate applications should be submitted to legal copies of business licenses and legal representative of proof of identity; other organizations, the application should be submitted copies of business licenses and were primarily responsible for proof of identity.

5, heirs or the right to apply for the implementation of the bear, should be submitted to the succession or inheritance rights documents.

6, should be submitted by other documents or documents.

Second, for the enforcement of arbitral awards organizations, people's courts should also be submitted to an arbitration clause in the contract or arbitration agreement and the parties to sign for the delivery of copies of certificates.

Third, the application for enforcement can Representative Is Appointed took the application for enforcement. Representative Is Appointed and should be submitted to the People's Court signed by the client or seal the mandate of the original power of attorney, commissioned by the state and agents of the authority. Representative Is Appointed took to give up, change civil rights, or to defer the implementation of reconciliation, or took charge of the implementation of payment, the client should have special authorization.

Jurisdiction of the case

In civil proceedings in the economy, to prosecute the plaintiff, identified in the lawsuit are the people's courts handled the case, on that court to face prosecution, which is the Code of Civil Procedure, the "jurisdiction" issues.

Level of jurisdiction and the jurisdiction is divided into geographical jurisdiction

Level is governed by the level at which the Court's jurisdiction, is by geographical jurisdiction where the jurisdiction of the Court.

Level of jurisdiction:

Grass-roots people's courts: (district and county people's court) jurisdiction of the general case, that is, no special legal provisions of the first-instance cases. Intermediate People's Court jurisdiction:

(A) major foreign-related cases;

(B) in this area have a significant impact on the case;

(C) of the Supreme People's Court established by the Intermediate People's Court jurisdiction of the case.

Higher People's Court jurisdiction:

In this area have a significant impact on civil cases of first instance.

Geographical jurisdiction

1, general civil cases (such as divorce, debt, etc.) by the defendant to shelter the people's courts jurisdiction; shelter to the accused and not the regular place of residence, place of residence from the regular people's courts jurisdiction. (Shelter, that citizens have registered permanent location; regular place of residence, referring to citizens to leave home for more than a year of living.)

2, the plaintiff's home jurisdiction of a court case in the following categories:

(A) of the People's Republic of China is not living in the area instituted the identity of the proceedings;

(B) declared missing or unaccounted for those who filed the identity of the proceedings;

(C) of the re-education through labour was instituted proceedings;

(D) the imprisonment of people filed lawsuits.

3, due to contract disputes arising from the case, the defendant or his home to perform the contract to the people's court jurisdiction.
(Contract of the parties in a written contract agreement in the choice of accommodation to the defendant, contract performance, contract and home to the plaintiff, the seat of the people's courts subject matter jurisdiction, but should not violate this law on the level of jurisdiction and exclusive jurisdiction of the provisions)

4, infringement cases, from violations to the defendant or shelter to the people's court jurisdiction.

5, exclusive jurisdiction
Because of disputes brought by real estate litigation, real estate from the seat of the people's court jurisdiction. ② inheritance disputes because of the lawsuit filed by the heirs to his home at the time of death or major heritage sites People's Court jurisdiction.

Whether or not to prosecute the plaintiff must write an indictment

The plaintiff charged in two ways, written and oral form. Writing that the plaintiff is the people's court to prosecute an indictment of the way. Oral form is the plaintiff in the way I appeal to the people's courts to prosecute. Written form can only prosecute such legal acts reflect the cautious, but also in the content of more comprehensive and detailed statement of the parties claim. Therefore, the way should be prosecuted to the People's Court handed a written complaint that is the way the principle.

However, in order to fully protect the right of appeal, the parties, the plaintiff written complaint is difficult, can also allow the parties to use oral the way the prosecution. Use of oral proceedings, the court staff should be credited to the transcripts, and Guci the other party. The oral transcripts of oral signatures or seal, and indictments have the same effect.

What the people's courts handled civil cases

China's Civil Procedural Law No. 3: People's Court accepted among citizens, legal persons and other organizations, as well as between each other because of their property and personal relations between the civil proceedings instituted.

According to the Civil Procedure Law and judicial interpretation of the relevant provisions of China's judicial practice, the People's Court accepted
The civil cases include the following cases:

Because of property relations in the case, mainly due to the sale, transport, leasing, lending, custody and other related cases arising;

Personal relations because of the case, including the name, image rights, the right to damage reputations, such as copyright cases;

Marriage and family relations as a result of the case, such as divorce, custody, adoption, and other cases;

As a result of labor relations in some cases, such as labor disputes.

China's grass-roots people's courts throughout the first instance in which jurisdiction in civil cases

China's grass-roots people's courts, including: County People's Court and the City People's Court; Autonomous County People's Court; City Area People's Court. At the same time the Civil Procedure Law provides that: first instance of grassroots people's courts jurisdiction in civil cases, but except as otherwise provided in this Act. In fact also is that the vast majority
Most are grassroots people's courts jurisdiction in civil cases. The so-called "except as otherwise provided in this Act", refers to the Civil Procedure Law stipulates that by the Intermediate People's Court, Higher People's Court and Supreme People's Court jurisdiction in civil cases was not the first instance of grassroots people's courts jurisdiction, in addition, the remaining All first instance by the grassroots people's courts jurisdiction in civil cases.

What are the Intermediate People's Court jurisdiction in civil cases

China's Intermediate People's Court include: the provinces, autonomous regions, according to the Intermediate People's Court set up in municipalities with the establishment of the Intermediate People's Court; provinces, autonomous regions cities of the Intermediate People's Court; Autonomous Prefecture Intermediate People's Court.

China's civil law the provisions of Article 19:
The first instance-level people's courts jurisdiction in civil cases:
(A) major foreign-related cases;
(B) in this area have a significant impact on the case;
(C) of the Supreme People's Court established by the Intermediate People's Court jurisdiction of the case.

Citizens should be the people's court which sued

Civil Procedure Law Article 22 stipulates: the citizens filed a civil suit by the defendant to shelter the people's courts jurisdiction; shelter to the accused and not the regular place of residence, place of residence from the regular people's courts jurisdiction.

This is the home of the defendants said, is that citizens have registered permanent seat. Regular place of residence is home to citizens to leave the prosecution to have a continuous residence in the area above. However, the local civil hospital for medical treatment exception.

The error of going out to hire a lawyer

As the legal concept of in-depth, citizens in the event of disputes, has been quite common to hire a lawyer. However, because some people's awareness of the law is not strong, to hire a lawyer to provide legal services in the process, often went into some errors.

Mistakes one: not with the law firm signed agency contracts. Some parties mistakenly believed that as long as the lawyer to hire a lawyer I can be reached by agreement, it was not necessary with the law firm commissioned by the signing of the contract. However, China's "lawyer", the parties hire lawyers, law firms must first be passed, the law firm signed with the principal-agent contract, clearly Acting matters, the Acting authority, agent for such matters, and accept the law firm assigned counsel for the His agent or the defence. If not a legal contract, in case of disputes agent authority, or the acts of their solicitors of the legitimate rights and interests of the parties, gave cause inconvenience to the settlement of the issue.

Mistakes two: the lawyer's authority authorized agent unclear. Authorized in the contract, agent permission to write clear, specific, not general is not written in clear, "plenipotentiaries", "legal representation", or "agent", "rights agent." The special agents, to each state. If the proxy authority unclear, a lawyer may be ultra vires agents, thereby endangering the agent's right of action.

During the civil proceedings in what is meant by

Civil litigation in the period, refers to the court, parties and other participants in the proceedings or the completion of the implementation of their respective legal action to be followed in the period. During the proceedings, means that the court, and other parties involved in the litigation proceedings on the activities of the time to demand certain legal action if they can not be completed within a certain period of time, they will not corresponding legal effect. This time from the maintenance of the activities of the seriousness of the proceedings and legal authority.

People's Court decided to file for the time how long

People's Court received an oral complaint or prosecution, after examination, that meet the conditions for prosecution, should be on file within seven days and notify the parties, that do not meet the conditions for prosecution, within seven days should be ruled inadmissible; ruled against the plaintiff on the , Can be appealed.

If during the Civil Procedure Law held up how to do

During the delay is that the parties involved in litigation or other person in the court during or within a specified period of the proceedings should be carried out certain activities not carried out or not completed.

During the different reasons for delay, the consequences are also different. If the subjective reasons, regardless of intent or negligence, its direct consequence is that the parties lost a lawsuit for the right activities, or to bear because of delays during which the other legal consequences.

If the objective is the reason for delay during which, in accordance with the provisions of the Civil Procedure Law of China extended the application deadline, or the people's court shall, on its decision to defer the deadline or re-designated time period from day. Extended period is the period make up the delay, delay for a few days, to extend a few days. After the delay period can be extended in the legal consequences, we must have the following conditions:

1, an irresistible subject matter for the parties or other legitimate reasons for the delay.

2, need to eliminate obstacles in the 10 days after the application deadline extended.

The court decided not to file, how do the plaintiff

People's Court received an oral complaint or prosecution, after examination, that meet the conditions for prosecution, should be on file within seven days and notify the parties, that do not meet the conditions for prosecution, within seven days should be ruled inadmissible; ruled against the plaintiff on the , Can be appealed.

The parties not be able to investigate how to do the collection of evidence

In judicial practice, the parties and their agents sometimes litigation for some reason may not be able to investigate the collection of evidence. If one of the following conditions, the parties and their agents can apply for the people's court proceedings investigating and collecting evidence;
(A) for investigating and collecting evidence relating to the State
Department store and the people's court shall, on its accessible files;
(B) involving state secrets, commercial secrets, personal privacy;
(C) the parties and their agents the proceedings due to objective reasons can not do on its own collection of other materials.

Evidence may be lost or difficult to achieve after the parties what steps should be taken

The evidence may be difficult to achieve after the loss or the circumstances, people can participate in the proceedings to the people's court for the preservation of evidence, the people's courts can also take the initiative to take protective measures. And the parties no later than the expiration of the period before the burden of proof on the 7th to apply.

People's Court agreed to the preservation of evidence, based on specific circumstances, to take attachment, arrest, take photographs, sound recordings, films, copy, identification, (g) The examination, production notes, and other methods to preserve evidence.

The parties are produced in court what new evidence

"Civil Law" section 125 provides that the parties can ask the court new evidence.

But what is the new evidence did not clearly defined. Therefore, the "People's Supreme Court on a number of civil provisions of the evidence" on the scope of new evidence has made limited. Under the provisions of the new evidence refers to the following circumstances:
(A) procedure in the first instance of the new evidence, including: the parties in the first instance the burden of proof after the expiration of newly discovered evidence of the parties is due to objective reasons can not provide proof period, the people's court permission to extend the period within which still unable to provide the Evidence;
(B) in the second trial procedures, including new evidence: After the first trial court found new evidence of the parties in the first instance the burden of proof before the expiry of the people's court for investigation and evidence collection has not been permitted, the second-instance court that the review should be permitted and, if the parties apply for admission The evidence.

The agents have litigation, the parties can not appear in court

Representative Is Appointed the extent authorized by the parties, agents parties to exercise right of action, take action obligations, took the legal action. Therefore, the parties are agents of the litigation, general civil cases the parties can not appear in court.

However, the exception of divorce cases. Because the mediation of divorce cases are dealt with the statutory procedures, divorce or not, depends on whether the two sides complete emotional breakdown, and good and there may be, these are not decisions and actions agents can express. Because of some article 62 of the Civil Procedure Law stipulates: "The divorce case is the agent of the proceedings, except I can not express the will of the outside, should appear in court; does not appear in court because of special circumstances, the people's court must submit written comments."

What are the facts, without the burden of proof that the parties

The fact that the parties without the burden of proof:
(A) well-known fact;
(B) the laws of nature and theorem;
(C) under the law or the known facts and the law of daily life experience, can be presumed to another fact;
(D) the people's courts have the force of law in the court to confirm the facts;
(5) for the commencement of the arbitration ruling body confirmed by the facts;
(6) have proved effective notarized by the fact that the instruments.

What are the fact that the parties need to prove that the burden of proof

In civil proceedings, the court must apply the law to make the final decision, and in the application of the law before, we must identify the relevant facts of the case. Court to identify the fact that the parties need is proof that fact.

The parties need to prove the fact that generally include the following:


First, the parties advocating the rights and interests of legal entities related to the facts.

Second, the parties that the procedure legal facts. If the Court's jurisdiction on the issue, the parties apply for evading the truth, and so on.

Third, it is customary, local laws and regulations and foreign law. When the habit of local laws and regulations and foreign law for the court do not know, will also become a party to prove that fact.

Fourth, the special experience rules. As we all know the experience of the rules without having to prove, but use of specialized experience and as a general rule people do not know, would be proved.

Three major reasons citizens need proof of private lawyers

First, the legitimate interests of individual citizens at all times by the various legal disputes and the risk of criminal violations.

In people's real life, both male and female, old, small, poor or rich, expensive,





Cheap inevitably have to face because of the life and on marriage, inheritance, transportation, medical care, tort, personal injury, labor, partnership, contracts and other aspects of the legal risks and disputes, legal risks and these disputes have always Interference in our normal life and work, we spent a lot of time and effort, let us physically and mentally exhausted, and even let us lose the confidence and courage of life;

Second, the legitimate interests of individual citizens from the end to the effective protection of the law.

Modern society is a society ruled by law, individual citizens should abide by the law, while the protection of the law, the Constitution expressly provides: "the citizen's legitimate private property shall not be encroached upon" and the law of the individual citizens of all sectors of society, in The daily life of citizens playing an increasingly crucial role.

Third, the outstanding legal adviser to the law or before the beginning of a risk, effectively identify, avoid and resolve, and properly resolve legal disputes, as you save a lot of time and energy to maximize the maintenance of your legitimate rights and interests, to Be Enjoy a better life.


Private citizens as the work of the Legal Adviser

① on private legal issues, such as: marriage, family, adoption, inheritance, gift, trade, partnership, distribution and division of property, such as the provision of legal advice;

② used in English and the drafting, review, translation and various private life, marriage, family, adoption, inheritance, gift, trade, partnership, distribution and division of property and other related contracts and legal instruments,

③ on behalf of private transactions, disputes negotiations, the drafting of outline of the negotiations;

④ private agents to participate in the mediation of disputes, arbitration or litigation;

⑤ for private debt collection, issued Lvshi Han;

⑥ for individual citizens to provide legal services;

⑦ lawyers for all types of business and charge d'affaires to witness the legal notarization procedures;

⑧ other private legal adviser of legal services.

The scope of services of lawyers

Civil (citizens)

1, the legal adviser of private citizens: citizens for the personal marriage, the family, inheritance, the sale and rental housing, mortgages, loans, tort, and other partners to provide legal advice to legal advice, drafting, reviewing, signing contracts and agreements; took the handle disputes .







2, marriage, inheritance, Analysis of the separation of production;

3, transport, medical blunders, such as personal injury damages;

4, real estate transactions, leasing, mortgage, buy real estate lawyer to accompany;

5, insurance claims;

6, portrait, reputation, honor infringement;

7, [copyright intellectual property (copyright), trademarks, patents: legal services: charge d'affaires of patent applications, registration of trademarks, software and copyright registration; agent technology secrets, trademarks, patents and copyright transfer and license the provision of the relevant aspects of intellectual property rights Legal advice, consultants and investigation agents of intellectual property litigation or arbitration cases.

8, foreign-related civil (private international law): foreign marriage, inheritance, adoption, infringement of legal services;

9, Acting litigation, arbitration, conciliation, mediation, negotiation, drafting, review contracts, agreements, wills and other legal documents;

10, to witness for lawyers, notaries business agent;

11, issued Lvshi Han;

12, and other personal legal services to citizens.



Commercial (companies)

1, as the company's business or project-specific legal adviser: ① used in English and the drafting, review, translation of various commercial contracts and legal instruments, industrial and commercial businesses on the legal issues involved to provide advice and legal submissions; ② to participate in major business negotiations, Assist in drafting an outline negotiations; ③ agents to participate in the contract dispute mediation, arbitration or litigation activities; ④ assist in the campaign laws and regulations, to use legal means to strengthen the contract, labor, personnel, finance, trade secrets and other business management; ⑤ handling labour disputes; ⑥ For the establishment and reorganization, transfer, acquisition and merger or bankruptcy liquidation provision of legal services; ⑦ issued Lvshi Han, for all types of agents and lawyers to witness the legal notarization procedures; ⑧ other legal adviser of legal services.

2, Acting litigation, arbitration, implementation, reconciliation, mediation, negotiation;

3, the company set up, reorganization, financing, transfer, acquisition and merger, and define property rights, property rights trading, asset replacement, including the bankruptcy liquidation, and so provide a legal framework, legal risk analysis, preparation of legal documents such as legal services;

4, to participate in contract negotiations, the study's main contract eligibility, credit and property surveys; took the drafting, review, modify, a contract to provide legal advice to accept the contract dispute by the parties, agents arbitration or litigation, debt collection (receivable Accounts), issued Lvshi Han;

5, [copyright intellectual property (copyright), trademarks, patents: legal services: charge d'affaires of patent applications, registration of trademarks, software and copyright registration; agent technology secrets, trademarks, patents and copyright transfer and license the provision of the relevant aspects of intellectual property rights Legal advice, consultants and investigation agents of intellectual property litigation or arbitration cases.

6, to provide real estate development, land development and transfer, construction, engineering for (the) package, housing mortgage, sell, lease, sell, property management and other aspects of the intermediary, to witness, agents and other legal services, provision of transport, energy , Water conservancy, urban infrastructure construction projects, such as the project, bidding, design, construction, inspection and other aspects of legal affairs agency; for government procurement, construction, engineering, technology transactions, access to international financial organizations and foreign government loans, international bidding , And other businesses bidding to provide legal services.

7, finance, banking, securities law business for stocks, bonds, funds distribution, transfer and the Futures Exchange and other securities business to provide legal services, provision of banking assets, liabilities, and the intermediate business of legal services, including certificates of deposit processing, bills, loans, Settlement, factoring, credit bank business law; drafting, review of syndicated loans, project loans, mortgages, trust, leasing and other financial documents relating to business or to take part in negotiations for the joint-stock company restructuring and stock in and outside legal opinion issued by listed .

8, charge d'affaires of patent applications, registration of trademarks, software and copyright registration; agent technology secrets, trademarks, patents and copyright transfer and license the provision of the relevant intellectual property rights of legal advice, consultants and investigation agents of intellectual property litigation or arbitration cases.

9, foreign Shangshifalv business: for foreign (including Hong Kong, Macao and Taiwan) investment, international trade, foreign-related contracts, financing, intellectual property and other foreign-related legal matters.

10, other companies legal services.



Criminal

1, the investigation stage to accept criminal suspects and their families entrusted with the suspect, to provide legal advice, the Acting appeals, accusations, the suspects were in custody, to apply for release on bail;

2, to review the indictment stage to accept criminal suspects and their families entrusted to serve as defenders of criminal suspects, inspection, Zhai Chao, copying case-related materials, met with the suspect, the investigation and collection of case material, the defence put forward the views received Victims and their legal representatives or close relatives, with the parties to civil litigation or legal representatives, close relatives of the commission proceedings as an agent, inspection, Zhai Chao, copying case-related materials, investigation and collection of case material, comments by Deputy ;

3, the trial stage of the defendant's counsel, to review the jurisdiction, inspection, Zhai Chao, copying case-related materials, met with the accused, the court defended by the defence, filed the appeal; Private Prosecution of the victims and the criminal proceedings agents, inspection , Zhai Chao, copy the case of material, investigate and collect evidence for identification, to participate in the trial, the burden of proof Testimony, debates, published agent, filed an appeal.

4, other criminal legal services.



Chief

1, took instituted administrative proceedings, the executive compensation, administrative reconsideration, administrative hearings;

2, on the legality of specific administrative acts issued a legal opinion.

3, the other legal services.

Lawyers teach you break pre-paid fraud

Not long ago, "membership card" and "concessions," "VIP" and "consumer card" Shengjiyishi great "squandering gradually to charming eyes" trend.





Despite such advances in the consumption of certain extent so that consumers get the convenience, but also a considerable portion of breach of integrity businessmen take this opportunity to weave a "beautiful trap," Card makes non-compliance after the unilateral change Agreement, the money left vol damage the interests of consumers, such as Napster ended March with 410,000 in the matter. Jilin Huaming big-firm lawyers for the implementation of the main current of any "early consumption" of the legal dispute, the analysis.

Merchant arbitrarily change the agreement »» contract invalid

Case 1: Last year, "11", Changchun, members of the public in a beauty salon, Ms. Wu spent 300 yuan of money to do a concessionary card, was also comes with her two value of 40 yuan trial coupons. As trial vouchers do not include the use of the period, causing her to go to beauty salons to use the coupons when he was informed of the trial coupon has expired. In fact, beauty coupons in the back, businesses have been marked by his remark: "OUR entitled at any time necessary to modify, alter, delete or increase membership and details of the terms of the statute without the consent of members agreed."

Bar Zhizhao: consumers and businesses between the formation of consumer services is essentially a contractual relationship, beauty salons on consumer contracts are unilateral changes unilaterally amend the contract, according to the "PRC Contract Law", set up in accordance with the law of contracts , The parties are legally binding, should be agreed by the parties to fulfil their obligations, are not allowed to change or rescission. At the same time, its unilateral right to set their own, and to circumvent its due obligations, a violation of the legitimate rights and interests of consumers, is a "format clause."

Contributions, Juankuan left »» rental to bear the responsibility

Case 2: pay a membership fee of 2,000 yuan, also a useless, no shadow of the business. Yesterday, Mr Wong, to reflect this, years ago in a bath he organized a 2,000 yuan in the cards. With more busy, he has not been spending too, a few days ago with a friend to Bath when found that the shop was deserted.

Bar Zhizhao: According to China's "eliminate" the relevant provisions in the rental counter consumer goods or services purchased, their legitimate rights and interests be damaged, to sell or service for compensation. Counters after the expiry of lease, or to the rental counter to seek compensation. Merchant way to advance consumer fraud consumers, thereby achieve the objective of accumulated wealth, and the larger amount, for a fraud, according to the law to bear criminal responsibility. Consumers can report to the public security departments.

Merchant services during the change »» succession to bear the responsibility

Case 3: Last year, Ms. Chen Changchun people in a beauty chain organized in a card, but use less than half of the card, beauty chains on a replacement. Miss Yu Shichen find the beauty chain's headquarters, but the matter has not been resolved.

Bar Zhizhao: China's legal services for consumers in the process of change experienced operator of the main operators have also made clear provisions. According to "Consumer Protection Law" stipulates: "The consumer buying, use of goods or services, their legitimate rights and interests are damaged, due to the separation of enterprises, combined, can withstand changes to its rights and obligations of the enterprises seek compensation." Accordingly, consumers can operate in accordance with the law prior to the rights and obligations of the inheritance, that is, changes the operators seek compensation.

Housing arrears Ze transaction counsel to you Zhizhao

It is understood that the mortgage loan to buy commercial housing has become the primary way to buy commercial houses, so now the City has not repaid a large number of mortgage loans in the secondary market transactions. The purchase of such housing in general, by first home buyers to pay developers not less than 20 percent of the total Fangkuan Fangkuan, and the lending banks also signed a mortgage contract, to purchase loans from banks to pay the remaining The Fangkuan, and the buyers will use the purchased housing as collateral, arranging to repay bank loans.






According to the World of Yunnan law firm of Li Zhijie, Yang Wenquan lawyers, through the purchase of housing by the way, although buyers have made the ownership of housing, as home ownership, but at this time due to set up a housing mortgage, in the absence of Fully repay bank mortgage loans, home ownership is subject to certain restrictions, according to China's "security law" and "personal loan management methods", to the transfer of housing mortgages, the banks agreed to go through, without a bank agrees not to Transfer. Li lawyer said that if the mortgage loans during the housing owners to the transfer of the banking house purchase mortgage loans, either through banks usually agree, or the eradication of mortgage loans are repaid the mortgage bank. Concrete can take the following three ways.

One way to pay the seller Fangkuan

Housing buyers and sellers can be discussed by the Housing owners that the seller, ahead of the banks repaid all principal and interest loans, housing mortgages from mortgage registration cancel the registration. At this point, the banks no longer have the right to housing mortgages, housing is not able any restrictions on ownership, home ownership can in accordance with their own free will of the sale of housing, the Housing Authority can buyers and sellers of housing in general completed the sale of housing transactions.

Risk Analysis: such transfers, to buy a house, who is more security, home ownership without a mortgage banking restrictions, and the banks will not be in dispute, but the seller a certain risk, such as the seller after the bank loans repaid ahead of schedule , The buyer does not purchase the break room, which will bring funds to the seller and the loss of pressure, and if the seller's inability to advance repaid all principal and interest of bank loans, which transfer method can not be achieved.

The method of payment to the buyer Fangkuan

Housing consultations buyers and sellers, will be paid by the buyer to the home ownership part of the purchase of home ownership for the early payment of principal and interest of bank mortgage loans, the mortgage bank to achieve the eradication of the right to make home ownership unrestricted, free Transfer. This means the transfer of direct use of the seller, the buyer's purchase, no longer need to raise funds for the bank to repay the principal and interest mortgage loans, the seller is more favorable.

Risk Analysis: For the buyer of such transfer mode There is a certain risk transactions, in use for the purchase of housing ownership of the banks were repaid principal and interest mortgage loans, home ownership is no longer restricted be free to transfer. At this point, if the seller neglect credibility, once again the transfer of others. The buyer can not obtain housing ownership, to recover the purchase of pay, but also for some twists and turns. In such a mode of transfer, the buyer in order to guard against the risk of such transactions, should the two sides can choose a trusted third party: If a reputable intermediary companies, law firms or other security agencies, overall control of every aspect of elimination Since the two sides distrust or lack of integrity of the seller and may lead to the transaction risk.

Three ways to deal with the transfer of mortgage procedures

By the Housing trading of mutual bank to the mortgage application process, the seller, the buyer and the banks between the three parties reached a mortgage contract transfer agreement, the ownership of the original housing the bank mortgage loan repayment and interest payments and other rights and obligations together Transfer to buy a house, through changes to mortgage registration, will be secured from the seller to buy a house for the change. In fact the bank agreed to the transfer of housing mortgage loans purchased the purpose.

Risk Analysis: The approach has the advantage of the buyers and sellers are relatively safe, but also for not afford to purchase a one-time payment of the buyer can also receive bank loans. Drawback is that because of the banking, housing the buyer and seller constituents, so for a relatively complex procedures, a long time, but also whether the buyer has encountered a bank loan conditions, such as the buyer's age, ability to repay the loan principal and interest, etc. Restrictions.

Beware shareholders switched away trade secrets

Trade secret holders can bring economic benefits, China's anti-unfair competition law to protect trade secrets have special requirements. Dalian, a Science and Technology Development Co., Ltd of several products, as long development, testing and development completed in the domestic market are in a unique position to protect the secret technology products, the company has adopted a series of security measures. And the company's shareholders in a switch, not only took away the company's confidential, and independent production companies and products identical to the original company. Recently, Xi Gangqu court finds that the company violated trade secrets, the first-instance judgement 160,000 yuan compensation.

Contractual secrecy provisions

Dalian Science and Technology Development Company of a legal representative of Mr. Wang from 1995 onwards, the founder of aerodynamic engineering enterprises, 2002 is the establishment of science and technology development company, the company developed products for sale is a electromagnetic products, and its products in the domestic market In a unique position, which is a product Mr. Wang spent about a year's time, the cooperation of outside plant after several tests to complete the development. As products are original, the company on products, customer files and drawings have taken security measures, and the staff of the labor contract must be expressly agreed in the conservative business secrets, if leakage is at your own risk.

Shareholders switch away secrets

Mr. Qin Mr. Wang is the host of a technology development company shareholders, is responsible for product sales, for operational reasons, Mr. Qin understanding and contact the company's product plans and technology and business customers. The end of 2003, Mr. Qin and responsible for the production, the work of two common financial service. Mr. Qin immediately to the City Council for Trade and Industry to form a new company, and the new company's products and technology development company confidentiality of the same products, the new company's original technology development company trade secrets in their own companies use. Mr. Qin also used the original business sales channels and telephone contact with customers, products on the market soon.

Commercial secrets protected by law

To protect the company's business secrets, science and technology development companies will be Mr. Qin and established companies to court. Recently, the Court of First Instance judgement Xigang Qu Mr. Qin and the establishment of the company to stop infringement, compensation for technology development company 160,000 yuan of economic losses, and in the newspapers or professional journals apologize. A representative of the plaintiff law firms in Liaoning new century lawyer Yan Wu said that China's Anti-Unfair Competition Law provides that no real trade secrets to the public knows the right people can bring economic benefits, relevance and the right to take confidential Measures of technical information and economic information, like the Coca-Cola formula, the products on the market in a unique position to decide on the technical achievements of the public do not understand the nature of the business secrets of all this is also the economic benefits , Illegal access to trade secrets, disclosure, the use of illegally obtained trade secrets, and so is a tort.

Damage to the interests of consumers at the legal issues

Damage to the interests of consumers, operators bear the civil liability:

1. Repairs, Chongzuo, the replacement. 2. Returns. Return There are two: First, the operator of the scheduled delivery of goods or crops do not meet quality standards and the other is provided in the prices of goods, in areas such as use of deceptive propaganda. 3. Fill the number of commodities. 4. Refund the purchase price and service charge. 5. Compensation for the loss. (1) operators to provide goods or services, consumers and property damage, if not remedy the above-mentioned approach, consumers may require operators to use damages the way to solve them. (2) the operator of consumers against the violation of human dignity or personal freedom of consumers, should stop abuse, rehabilitation, remove, an apology and compensation for the loss.






How to make use of limitation of action:

1. Product Quality Law Article 45 stipulates: "The result of defective products seek compensation for damage caused during the period of limitations for 2002, since the parties knew or should have known that their interests be the beginning of damage." Here because there are shortcomings in the products Including damage to both cases, personal injury and property loss. This provision and the requirements of China's General Principles of Civil Law is not consistent. 136 of the General Principles of Civil Law, due to physical injury seek compensation for the limitation of action for one year. It should be in accordance with the provisions of the law which only this » Shall, in accordance with "2002" regulations. Because the General Principles of Civil Law Article 141 also stipulates that if other laws on limitation of action otherwise provided, in accordance with other regulations. 2. The general quality of products has caused damage to the non-infringement disputes, requests for compensation for damage limitation of action. It should be in accordance with the General Principles of Civil Law 136 of the "sale of substandard quality of goods is not a statement," "lawsuit limitation period of one year," the regulations.
How to determine the defendant:

1. Consumers in the purchase, the use of commodities, their legitimate rights and interests of the damage to the seller for the defendant. 2. Or other consumer goods for the victims of physical defects, damage to property, to the seller or producer for the defendant. 3. In the consumer services legitimate rights and interests of the damage to the service for the defendant if the damage is because the use of services caused by defective products, consumers can also to product sales, producer for the defendant. 4. If the original sellers, producers or services to corporate separation, the merger, consumers can take to change after its rights and obligations of the enterprises as the defendant. 5. If lease, transfer, including the use of other people's business license operators of the damage to the legitimate rights and interests of consumers, consumers will be able to operate or business license holders as a defendant. 6. Consumers because the operators publication of false advertising caused damage to the legitimate rights and interests, as can be operators of the defendant; advertising operators can not provide the real names, addresses, consumers may be your publisher as a defendant.

How the collection and provision of evidence:

Consumers should pay attention to storage of goods or services purchased before and after the following evidence. 1. Ad description. 2. Instruments. 3. Certification. 4, Manual. 5. Production date. 6. Warranty cards. 7. Warranty period proved. 8. Businessmen commitment. 9. Alerts marked. In addition, the parties should also provide the following evidence: documentary evidence, exhibits, audio-visual materials, the testimony of witnesses, the parties statements, identification of conclusions.

How to handle the retired elderly people in Beijing seeking refuge with their children to non-agricultural accounts

For the elderly retirees in Beijing seeking refuge with their children to non-agricultural accounts, should be relying on people to account for the seat of the police station.







Home conditions: cadres men over 60 years of age, women over 55 years of age; male workers over 55 years of age, women over 50 years of age, has been retired for procedures, with no children around the city and other urban areas have no children.

Jiaoyan to the police station the following evidence: home applications to join the people (from) retirement certificates, the residents residence booklet, a photocopy of identity cards; units or personnel departments Chadang prove that the Office of the streets; residents who were seeking refuge with accounts Book, identity card, a photocopy of proof housing; other documentation necessary for proof.

ATMs to counterfeit money how to do

Banks said that counterfeit money from cash machines out the probability of minimal, if found counterfeit money, should stand before the video surveillance, give currency hands to indicate their wish.







Xiao Chen recently from a bank's automatic teller machines to retrieve 300 yuan, but to buy things when salespersons to be counterfeit banknotes grounds declined. When Xiao Chen took just take the money to banks to discuss that, the bank's staff has refused to Ren Zhang.

"After the re-encountered such a situation, how do I» "Xiaochen am very confused.

Bank statement

A bank staff, from community banks to the flow of money to go through artificial Dianyan and machinery Dianyan double examinations can be charged. In cash stuffed into automated teller machines, to reuse Dianchao Ji examined, and every day there will be two more staff to check machines.

At the same time, most of the financial system is upgraded automatic teller machines, the identification of counterfeit money has reached hundreds of parameters. The new machines, also with Yanchao equipment, machinery if found banknotes which may be false, it will automatically be converted from state to be admitted to a specific space. Every day the staff will be re-examination of these notes out. Therefore, we teller machines out on the probability of counterfeiting is minimal.

Under what circumstances the bank will agree with counterfeit money from cash machines in the admission, then compensation » The staff told reporters that if the automated teller machines, took out the counterfeit money, depositors should stand before the video surveillance, give currency hands to indicate their wish, and then immediately to a nearby bank for identification.

If the incident a few days later, it claims to depositors to take the counterfeit money, the banks difficult to confirm the authenticity of the facts, it certainly is not compensable.

Bar Zhidianmijin

Shen Teng lawyers told reporters that if the depositor from automatic teller machines to retrieve the counterfeit money, a teller Pingtiao alone is not sufficient as a "counterfeit money is removed from teller machines," the evidence. The video surveillance is the most powerful evidence. "If the counterfeit money out the first time, witnesses can help confirm this, it can also be used as the bank an important basis for the claim, but the parties and witnesses must not interested."

"If the depositors need to test a large number of banknotes, this method is less safe." Shen lawyers in this proposal to the banks, should further promote the "single-style" closed withdrawals space, to ensure security.

What are the costs of buying houses

Loan interest

Loan borrowers in the same period a month to the monthly average amount of outstanding principal and interest of bank loans and interest, the loan interest can use the following formula to calculate: = month should also interest on the remaining principal on loans, interest rates *.







Real estate insurance

Individual housing loans of relevant documents, when the borrowers to apply for individual housing mortgage loans, required the purchase of property insurance. Since the purchase of property insurance and public housing by the lending bank insurance agent insurance procedures. According to sources the risk of real estate, real estate, insurance Mainly include the following aspects:

Real estate property insurance: the insured can be groups, legal persons, natural persons, and residents of the mainly residential insurance products since the purchase of public housing and insurance.
Residential insurance is a commodity for the purchase of domestic goods to the people in the purchase of residential damage from the accident encountered timely compensation insurance. Because of natural disasters caused by the loss of property insurance. By the insured property is the only housing and ancillary equipment and interior decoration materials, and other property. The two sides agreed in accordance with the provisions of insurance premiums.

Real estate liability insurance: here stressed that the main housing for all, the lessor and lessee of liability insurance, commonly known as real estate public liability insurance. It is mainly to cover the use of housing in the course of the liability.

Personal property insurance: mainly refers to the insured housing caused by the accident and the death or permanent disability, the insurance paid by the insurance amount of insurance.

Housing Loan Mortgage Insurance: It belongs to a real estate financing insurance, is to protect the safety of loans from borrowers related to a property insurance policy holders.

Taxes and fees

Real estate this special commodity in the sales price, there are a number of cost to bear, including:

Deed Tax: transaction price of 1.5 percent;

Maintenance of public funds: 2%;

Stamp Duty: transaction price of 0.03%;

Housing trading fees: transaction price of 0.25%;

Housing Survey registration fee: 100 yuan / pieces;

Premises of all permits nominal fee: 4 yuan / pieces;

Premises of all card printing: five yuan / pieces;

A total of licence nominal fee: 2 yuan / pieces;

If the commission counsel, agent fees for the purchase of the 0.5 percent «1%;

If commissioned by the justice, notary fees for the purchase of the 0.5 percent «1%;

Lawyers to provide legal aid fees?

"Legal Aid Ordinance" Article 28 stipulates: "The lawyers handling legal aid cases charging property, from the administration of justice department warning, ordered to make corrections in serious cases, for more than a month for three months following cessation of the practice of punishment."







But this does not mean that lawyers will not receive financial compensation. "Legal Aid Ordinance" Article 24 stipulates that "the Legal Aid agencies received after the closing material, it should be assigned to the case for legal aid lawyers to pay legal aid cases subsidies, subsidies standard province, autonomous region, and municipal people's governments judicial and administrative departments At the same level in the financial sector, according to the local level of economic development, legal aid agencies involved in various types of legal aid cases, the average cost factors such as approved and may need to adjust. "In accordance with the provisions of the Law Society can not charge to Shou Yuanren, However, legal aid organizations can enjoy the subsidy.

How to hire a lawyer purchase

Purchase process, due to a lack of consumer real estate-related legal knowledge, buyers often can not effectively protect their legitimate rights and interests.

With the sale of real estate disputes have increased, more and more people realize that a lawyer involved in the process of the importance of buying houses.

So, how to purchase Service agent to hire a lawyer? » As buyers, the following areas are available:

Choice of professional real estate law firms and lawyers. Purchase services agency to hire a lawyer, not only by the requirement to hire lawyers familiar with real estate and legal knowledge needed to the current real estate market have deeper understanding, in order for buyers in the provision of legal services at the same time, but also for Parties to provide valuable investment in the purchase of investment analysis.

Early intervention lawyers as early as buyers benefit. Many buyers want to hire a lawyer for their purchase activities to provide the legal guarantee, but it is unclear when a good lawyer. Some buyers in the signing of a subscription or purchase contracts to hire a lawyer only when disputes are often time-consuming effort. From the protection of legitimate rights and interests of the buyers point of view, lawyers involved in the earlier, the interests of home buyers more secure. Therefore, buyers are buying houses in the intention to hire a lawyer immediately after the agent for the purchase of properly.

Signed agency contracts. Counsel is based on the purchase Service clients and lawyers or law firms consensus formed by principal-agent relationships. Clients and law firms consultations between the principal-agent contract is to provide counsel for specific clients of Legal Affairs of the contract, which defines a law firm with clients in the Legal Service agents in the course of the relationship between rights and obligations.

Clients should be issued by authorized instructions. By the unilateral issued by the client to the lawyer the right to the authority granted power of attorney agent, is clear specific legal counsel for the Acting purview of the right of legal instruments, it is the principal mandate of the logo, is a direct representation of the mark.

Purchase and the law firm of individual agency contracts signed and issued by authorized power of attorney, solicitor to the extent authorized by specific issues for the purchase.

How to hire a lawyer purchase

Purchase process, due to a lack of consumer real estate-related legal knowledge, buyers often can not effectively protect their legitimate rights and interests.

With the sale of real estate disputes have increased, more and more people realize that a lawyer involved in the process of the importance of buying houses.

So, how to purchase Service agent to hire a lawyer? » As buyers, the following areas are available:

Choice of professional real estate law firms and lawyers. Purchase services agency to hire a lawyer, not only by the requirement to hire lawyers familiar with real estate and legal knowledge needed to the current real estate market have deeper understanding, in order for buyers in the provision of legal services at the same time, but also for Parties to provide valuable investment in the purchase of investment analysis.

Early intervention lawyers as early as buyers benefit. Many buyers want to hire a lawyer for their purchase activities to provide the legal guarantee, but it is unclear when a good lawyer. Some buyers in the signing of a subscription or purchase contracts to hire a lawyer only when disputes are often time-consuming effort. From the protection of legitimate rights and interests of the buyers point of view, lawyers involved in the earlier, the interests of home buyers more secure. Therefore, buyers are buying houses in the intention to hire a lawyer immediately after the agent for the purchase of properly.

Signed agency contracts. Counsel is based on the purchase Service clients and lawyers or law firms consensus formed by principal-agent relationships. Clients and law firms consultations between the principal-agent contract is to provide counsel for specific clients of Legal Affairs of the contract, which defines a law firm with clients in the Legal Service agents in the course of the relationship between rights and obligations.

Clients should be issued by authorized instructions. By the unilateral issued by the client to the lawyer the right to the authority granted power of attorney agent, is clear specific legal counsel for the Acting purview of the right of legal instruments, it is the principal mandate of the logo, is a direct representation of the mark.

Purchase and the law firm of individual agency contracts signed and issued by authorized power of attorney, solicitor to the extent authorized by specific issues for the purchase.

Mistakes to hire a lawyer

Mistakes one:

Lawyers in the image of people is pretty good, most of the James in the film, Hong Kong, Taiwan and American Bar as well as domestic some well-known lawyer charisma of light. Bar and hearts to those who understand that the days of lawyers is not easy.

China's lawyers on the whole industry is still at relatively junior levels, "go it alone households", "size-fits" is still most of the characteristics of lawyers, cases have to do what the lawyers also Zhanzhao a considerable proportion. But good news is that in Beijing, Shanghai and other places, some of the larger law firms have formed groups, and there are a number of areas in a very professional lawyer. Counsel to the size of the industry, and professional development to follow the market trend of economic development.

Mistakes two:

What is a lawyer » I am afraid most people's understanding rather ambiguous, that the titles on business cards or Yinzhao lawyers claiming to be lawyers are lawyers; certain units at the company in the recruitment of staff as full-time lawyers, in fact, these are misconceptions. According to the provisions of China's Lawyers Law, the Law Society is a lawyer practising certificate, and provide legal services professionals. That is, only a lawyer practising certificates (commonly known as the Law Society licence) is the real lawyers. At present the community posing as lawyers handling cases on behalf of the "black lawyers" substantial public, not only Luanshou costs, the quality of handling cases is quite low, seriously disrupting the legal services market. People should bear in mind to hire a lawyer to identify the authenticity, so as to avoid hoodwinked.

Mistakes three:

People often have such a concept, believing that the only "lawsuit" is necessary when entangled with a lawyer. In fact, in peacetime encountered a legal problem to the lawyer. Inexpensive consulting fees, it can avoid unnecessary waste of time and money, it is a wise move. Also, is not only large companies or small companies, employing a perennial legal adviser is very necessary. In recent years, many domestic cities have a private legal adviser, is expected in a few years, the ownership of private lawyers and private doctors will become ordinary people's choice.

How to recruit suitable lawyers:

Very easy to recruit lawyers, but to recruit a suitable lawyer is not a simple matter. People hire lawyers usually have two ways: First, friends, relatives and ask them familiar with the circle of lawyers is also available through newspapers, telephone and Internet Yellow Pages to find lawyers, and other media. Choose the right lawyer is an important principle asked more and more understanding, some similar to this purchase appropriate housing, the people will not be taken lightly and not find a real estate company on the matter. You can be friends, relatives and learn more about his lawyer recommended by the situation is even more important when you first contact with lawyers, the case should be asked about his views, ideas and the case has had the experience of similar cases, comprehensive judgement The lawyer's expertise, service attitude. If conditions permit, it may find a few more lawyers turn to choose the most suitable one do you think the lawyers. Of course, should also consider your own economic strength and importance of the case, because of high qualifications, experienced lawyers lawyer fees charged by some relatively high, and a very controversial subject matter (such as 10,000 yuan) the case for a The contractor is the lawyer is not necessary.

How to deal with the relationship between the lawyers:

And you hire lawyers to maintain a harmonious and positive relationship between the success or failure of the case is very important. As a lawyer, he has a duty to meet regularly by phone or in the form of cases to inform you of the progress of the parties should actively cooperate with the work of lawyers, such as lawyers take the initiative to provide clues to the evidence, lawyers for timely, you clearly understand the case Expectations and ideas, and so on. Is to be noted that certain parties like lawyers do in accordance with his instructions, and the lawyer's thinking is often inconsistent with the parties, which is between lawyers and their clients a prominent contradictions. The parties should understand that lawyers have professional experience in handling cases, lawyers should respect the idea, unless he really think that lawyers would result in some cases should not fail, at this time may consider lifting the employment contract, another lawyer, but "Lin Zhen-for-" Should . In addition, the parties of the outcome of the case should not have too great expectations, because then outstanding lawyer and can not "guarantee a lawsuit." When the results are not satisfied with the handling of the case, should be a good mentality to face, not to Qiannu of lawyers in the Buzu Qu is not conducive to the case ultimately resolved smoothly.

And to hire a lawyer on several issues:

Parties in the face of economic disputes civil litigation as an agent to hire a lawyer, often confusion credentials authorized agents and general agents distinction. Acting general mandate is only an agent to appear in court to collect evidence, such as litigation rights debate, and that is entirely Acting Special Agent in the authorized agent in addition to the general right of action authorized agent, also took the exercise of reconciliation, the parties involved in the appeal, and so on Entities interests of the litigation rights. Distinguish the difference between the two for the proper authorization, safeguard their own rights and interests is very necessary. In addition, in accordance with the relevant legal provisions, in the process of the case, such as parties to hire lawyers are not satisfied with, they can hire a unilateral lifting of the contract. As a result of fault lawyers, law firms should be returned to all lawyers in advance of the service charge for non-lawyers fault, the service charge collected by the lawyers will not be returned.

Who labor arbitration ruling

Labor disputes parties to the labor dispute will be voluntary labor dispute arbitration committee, by the labor dispute on the facts and responsibilities of the parties to make a binding mediation or arbitration.

Arbitration Committee shall consist of:
1, labor administrative departments of the representative;
2, representatives of trade unions;
3, designated by the Government's economic management departments.

Arbitration Committee members must be singular, director of the labor administrative departments in charge of persons; labor administrative departments of labor dispute arbitration committee for the institutions dealing with the office responsible for handling day-to-day affairs of the arbitration committee; Arbitration Commission implemented the minority is subordinate to the majority Principle.

Lawsuits FAQ

1, the need for action lawsuits expertise »
Need to complete.
Because now the proceedings, paid great attention to the proceedings. Ordinary citizens in general to reflect the performance of the new or the proceedings that are not suited.

2, a lawsuit is in need of professional knowledge through learning and consulting complete the provisional master »
Almost impossible to complete master. May have only part.

3, which the court needs the expertise »
The specific protection of the rights of law, legal theory and legal principles, rules of the proceedings.
If this case involved the law on non-retroactivity of the basic principles. "Marriage Law Explanation 2" this year on April 1 implementation of this before the admissibility of the case did not apply.

4, the need for a lawsuit Advisory »

5, the Advisory need to carry out what kind of person »
Lawyers, jurists, and so on.

6, at any time should the Advisory »
In no intention to prosecute or to determine whether a lawsuit when they should be consulted.

7, through the Advisory whether the lawsuit will be able to conduct their own, then dismissed from the counsel of the »
According to specific conditions, listen to answer the lawyer's advisory opinion:
For a simple case, proof of sufficient evidence, not the controversial case, do not need lawyers commissioned by the agency;
The complexity of the case, the complex set of legal relationships, identify the parties complicated, there are differences between the applicable law, evidence and it still needs further evidence demonstrated, they have obvious confrontation or dispute the case, it should be commissioned by the counsel. Counsel is necessary to win one of the conditions.

8, to answer the Advisory lawyers assume responsibility? »
There are no legal provisions in this regard. Even if a wrong answer, nor to the final successful or not assume responsibility.

9, What is the use of the Advisory »
The initial understood what kind of follow the path of litigation and the need for basic knowledge of the lawsuit.

10, the answer depends on the answers to the Advisory those factors »

(1) advice;
(2) to provide advisory information: including the facts and evidence;
(3) to answer the legal knowledge;
(4) to answer those experiences;
(5) to answer the experience;
(6) answer to the professional, and so good at.

11, the same advice, different answers to whether there will be a different answer »
There will be complete.

12, the Advisory bad, or defect? »
There, and there are many.
Common defects include:

(1) who will give you different answers to different answers, so that the advisory judgement are not completely confused;
(2) clear and precise answers, there are likely to have ignored advice to the idea of legal representation;
(3) answer often can not fully grasp all aspects of the case, the answer is incomplete;
(4) it is impossible to predict accurately answer to the other party, the judge of the key issues of concern, and it is impossible to give an answer to fit in all circumstances;
(5) to answer the knowledge, experience, the focus of attention decide the validity and accuracy of the answer.

13, the first prosecution of any harm to the Advisory »
At present the civil rules of evidence: a statement the parties, including the pleadings in the statement, Chen Shuzhe for the contents of the adverse party, its binding, the general can not change; one of the parties has acknowledged the fact that the other party no longer Provide evidence. Therefore, the lawsuit is to decide victory or defeat of a key.
As the current proceedings professional than ever greatly enhanced, non-professional conduct of the proceedings of the adverse situation, is often more clever lawyers can not ensure that irreparable. Litigation before looking for professionals, for the timing have all or most of the loss.

14, commissioned by the counsel on whether the parties no longer need to be involved in the «
Is not. According to legal representation is a progress in the proceedings (including the parties to provide evidence of the situation, etc.) decided to litigation strategy and practice the strategy process, is a division of labour process. The participation of the parties to submit to the purpose of the proceedings.

15, the Advisory need to pay? »
The general law firm is charging. Because the lawyer's business costs and wages are paid from the service. Counsel for the public not to answer charges. Charges may also decide whether or not to answer the answer to the input level.

16, a lawsuit was the best option? »
According to the specific circumstances of the case decision. Before the proceedings are often a lot of solution to the problem. Litigation itself at risk. Reduce the risk of an effective, basic ways: professional consulting, professional agents.

17, the common risk of litigation in which »
(1) ignored the result of court proceedings against;
(2) underestimate the burden of proof procedures led to the claimants;
(3) claim against improper and led to the loss of rights;
(4) ability to lead the debtor to the creditor's interests are not real protection;
(5) evidence (including identification of conclusions) changes in the situation leading to the claimants;
(6) distribution of the burden of proof led the unsuccessful.

What time to a lawyer

Any time can be a lawyer, but to prevent disputes, improve efficiency point of view, the sooner the better lawyers time.

Most people are aware of the lawsuit in court when necessary to a lawyer, but in the civil, economic activities, means to resolve the issue through litigation, even if the final has been properly handled, often with the parties will bring many direct and indirect Loss. What is more, there are some issues in advance if the parties can not effectively safeguard their rights, if there is a dispute, the court may have no avail. At present, most lawyers are busy for the settlement of disputes and burn, and the nature of the work of lawyers on the case to prevent the occurrence of disputes, it should be their primary task. Therefore, in civil, economic activity could be foreseen before the dispute, and asked lawyers to prevent, rather than things such as the time before trouble like Bukekaijiao to clean up the mess to a lawyer should be barristers time to identify the most important principles, such as Before the signing of the contract should Xin take legal advice.

Once the dispute has occurred, the lawyer is also the time the sooner the better. To resolve any disputes, were based on two important things, that is, the facts and the law. On the law, it is the professional lawyers, there are some problems, your understanding and the provisions of the law may not be the same, you need the assistance of a lawyer. The findings of fact need to have evidence, lawyers early and timely intervention disputes, often more clearly than most people should at any time, the method used to what evidence should also more clearly how to effectively protect the evidence and use evidence to prove Facts. This protect your rights, to obtain low-cost activities of non-litigation dispute resolution is very important.

Lawyer's status and identity of what is

Counsel is a lawyer certificate in accordance with the law, provide legal services for the community to protect the legitimate rights and interests of the parties, and safeguard social justice, checks and balances of governmental authority, promoting the rule of law mission to improve the legal professionals, is to make judicial activities to be carried out for the full mandate of the law One of the workers.

Some may think that as long as lawyers market economy in lawyer fees charged will affect the credibility of lawyers. In fact, this is a misunderstanding of the system for lawyers. Lawyers handling cases charging system is to maintain the normal operation of the lawyers the necessary conditions, this system does not affect the protection of civil rights lawyers, checks and balances function of the power play. Furthermore, the court dealing with civil and administrative cases to collect legal fees, we are not to the courts deal with cases of suspected loss of credibility. Public security, prosecution, courts are the state allocated funds to maintain operations, and the legal profession will depend on lawyers fees to maintain the functioning of the system, this is only mechanism of different ways, we can not negate the solicitor's fees to lawyers system to protect civil rights, checks and balances of power Originally attributes. Counsel is a national judicial mechanism in the part of the judicial operation mechanism different only in the division, with other judiciary, the implementation of the right shoulder the maintenance of law and safeguard fairness and justice responsibilities. Lawyers and prosecutors, judges are in a legal career.

Lawyers have "privileges"?

According to the law, lawyers, close relatives of the parties, social organizations, parties or local units recommended by the people and the people's court may permit other citizens in criminal cases as the defendant's counsel, victims or agent of the proceedings in civil, administrative cases As an agent of the parties.

As a social recognition of professional legal workers, lawyers in legal activities, particularly in criminal and administrative proceedings, there is still a "privilege", that is, in the performance of legal duties by the lawyers enjoy the rights and obligations under the And the other people there are still some legal provisions on the difference between:

First, legal services lawyers in the field of "privileges"

Public security, procuratorial, judicial unification of the three examinations, a lawyer for more stringent. Or legal institutions of higher learning with more than undergraduate education, or other undergraduate colleges and universities is more than academic qualifications but have legal expertise, but also must pass the national unified judicial examination. This "high" makes the threshold of becoming a lawyer familiar with the law, to provide legal services for the community, the State recognized professionals. Coupled with the strict management of lawyers, legal services lawyers in the field have "privileges" that the industry has, compliance Shouji, emphasize professional ethics, and other staff are unparalleled.

Second, in criminal cases "special" some rights

1, in the investigation stage, lawyers "special" to provide some legal advice, the Acting appeals, accusations and the right to apply for release on bail.
China's "Criminal Procedure" Article 96 stipulates: criminal suspects in the investigation of the first interrogation after the authorities or the taking of measures on the date, you can hire a lawyer to provide legal advice, the Acting appeals, accusations. Criminal suspects were arrested, hired by lawyers to apply for release on bail.

Entrusted with the investigation authorities have the right to counsel understanding of criminal suspects in connection with, could meet with the suspects in custody, the suspects to learn more about circumstances of the case. Therefore, only the right to have lawyers and other defenders were not.

2, in reviewing the indictment stage, lawyers "special" meeting with some markers and the right to the right

China's "Criminal Procedure" Article 36 stipulates: "The defence lawyers on the case since the People's Procuratorate indicted on the date of the review, inspection, Zhai Chao, copy of the proceedings in this case instruments, technical identification of materials, with the custody of criminal suspects and the meeting Communication. "Other defence permission by the People's Procuratorate, also available, Zhai Chao, copy the above material, with the detention of criminal suspects met and communication.

3, the Court stage, lawyers "special" meeting with some markers and the right to the right.

China's "Criminal Procedure" Article 36, paragraph 2, states: "People's Court accepted the defence counsel on the case, can access, Zhai Chao, copy of the alleged crime in this case the material facts, the defendant met with the detainees and Communications, other defenders, as the people's court permission can also check, Zhai Chao, copy the above material, with the custody of the accused met and communication. "Defence counsel is entitled to legal protection of the rights and met with the right markers, rather than the other defenders are lawyers Enjoy this right is subject to approval of the People's Procuratorate and the People's Court.

4, lawyers "special" have the right to investigate and collect evidence

China's "Criminal Procedure" Article 37 stipulates: "The defence counsel as a witness or other relevant units and individuals agreed to be the case with the collection of material, can also apply for the people's procuratorates, people's courts to collect, to retrieve evidence, or for People's Court informed the witnesses to testify in court. "Defence counsel by the People's Procuratorate or the people's court permission, and the victims or their close relatives, the witnesses agreed that victims can be made to collect them and the case materials. "Namely, the defence lawyers have the right to investigate and collect evidence, the lawyers rather than the other defenders of this right has not been a clear legal protection.

Third, in administrative proceedings, the lawyers "special" some markers and the right to investigate and collect evidence of

"Administrative Procedure Law" Section 30 provides: "Acting litigation lawyers, in accordance with the provisions of relevant material available in this case can be made to the relevant organizations and civil investigations, collect evidence. Involving state secrets and personal privacy of the material, it should be in accordance with the law of confidentiality. "" The People's Court permits, parties and other agents can access the proceedings of the trial in this case, but involving state secrets and personal privacy exception. "Namely, administrative litigation lawyer in the markers have the right and the right to investigate and collect evidence, relating to state secrets Privacy and confidentiality of material obligations; lawyers rather than the other agents can only access to the trial materials, not including those involving state secrets and personal privacy of the material.

Foreign lawyers What is the status of

Lawyer system is an important pillar of the rule of law, without a lawyer there is no rule of law.
Many countries and as special counsel to the professional bodies to deal with. "The Federal Republic of Germany of the Federal Bar" Article 1: lawyers in the administration of the status, is the independence of the judiciary; Canada trial attorney with the Lawyers Law were the primary requirement: "the judicial support staff lawyers", "Every allowed at the highest Court as a junior lawyer of the Bar Association members are Canada, self-governing in all court officials. " And common law countries of the lawyers also frequently the request of the judiciary, as a judicial duties and engaged in judicial work. In addition, lawyers often as the indictment on behalf of the state appear to support indictment.

Hire a lawyer to think twice

One thought: You know that you need to counsel under what circumstances? «Do have the necessary time

Hire a lawyer, from the perspective of the parties, the legal services of the investment, is a commercial act, first of all, you'd have to weigh what you thing of the need to a lawyer »

So, what is "necessary"? »

Some cases, the rights and wrongs of , even a layman also clear at a glance, can be called "Iron Banshangdingding" "Iron case" and the outcome of the case is irreversible, predictable, it is difficult to find alternative strategy, the remedy Dollars. Under such circumstances, ordinary people have its own umpire, lawyers seem redundant.

I have received an advisory: a party suspected of murder, kidnapping, three counts of rape and criminal facts are clear and irrefutable evidence, the situation was especially bad, their families are still running around, hope Dollars to a "counsel" to save him A life. It can be said that unless the lawyer is the Monkey King to the world, can reverse the Qiankun. Finally, the parties finally understand that the lawyers just do humanitarian work only.

However, some such cases, looks like a simple, in the eyes of the parties seems to be one plus one equals two things, as long as bookstores, to buy a few of the legal knowledge of the look, like painting by Piao, and their Also know how to operate the. In fact, these cases are often difficult to contain layman's grasp of the judicial proceedings and litigation skills, such as how to set out the main litigation, litigation how to request, how to collect evidence » How to choose » Not look at a few law books can be no self-division, if their "Linzhenmoqiang" and "drive the ducks battle", it is possible the seized sesame lost watermelons, even should win the lawsuit, Lane lose, you said this lawyer The fees should not Province »

In particular, a considerable number of cases, the evidence porous materials, many of doubt, a lot of question marks, between the two can be on the qualitative between, belonging to a "loose" may have room for maneuver "Doubtful Case", the handling of cases with unpredictable results , It is worth debate. Under such circumstances, a lawyer becomes a very necessary.

Is not have to wait until the "trouble", to a lawyer only "necessary"? »

Many people are "trouble" after the recall lawyer "Jiujia", they often think so: in "trouble" before a lawyer, to be less useful, or even can be said is a "display."

In fact, this is a very myopic point of view. "No one Yuanlv, there must be a nearly worry", you should put their vision Yuan Yidian, relax point. As the market economy and development of daily mature, increasingly infiltrated into the law of our life, lawyers in addition to the court, there is a broader stage and prospects for the services of a lawyer rather broad, "lawsuit" is only the lawyers "traditional program" In addition, but also to all walks of life, thousands upon thousands of families, daily life, such as: the civil dispute mediation, conciliation, involved in the project review and negotiations, to provide policy advice, drafting, revision, review of various legal documents, for Witnesses lawyers, credit investigation, real estate transfers, mortgages, apply for mortgage, lease, charge d'affaires notarized, in association with the capital verification and registration of companies for enterprise restructuring, reorganization and provide rigorous, professional legal services, can be summarized in three sentences, :

The successful icing on the cake for entrepreneurs precautionary measure, who lost to the timely help.

The first two words to describe them is the lawyer in "trouble" before the role. Wait until the "snow" after only think of "sending charcoal," After all, through to the bitter cold, "the icing on the cake" and "precautionary measure" at least not Chiku Tou, you can also help the cause of a hand, added a luster, it is In this sense, the icing on the cake "and" precautionary measure "better than" timely help ", can it be said that lawyers in the" trouble "before useless»

In reality, such a thing happen often: when Yizizhici Reshang contract lawsuit cost the economy an unfair money, to do business was "attempt against" falling into the law "trap", facing bankruptcy, one of the Accidentally fall into the criminal law, the bitterness of suffering behind bars…. Consider this:

One is the "trouble" before, a lawyer when your "protection of God", "Zhuge Liang", a blueprint for your design business, the guide to the maze, avoid investment risks, to resolve criminal crisis, with a minimum price for the largest economy Benefits; One is the "trouble", "seek help at the last moment", "Luan Touyi of urgency," wrongly accused of money not spent that effort had to pay and Crafts, fear, bitterness and even suffered flesh, flesh and blood from the pain, "Pocai ", May not be able to" Xiaozai. "

Compared to the two, which pays more »

Second thought: How should you choose lawyers » 1, Q 2, 3 comparison

Your decision to a lawyer, is facing a problem of how to select lawyers. Nowadays, although lawyers not more than rice shop, but accompanied by a growing number of lawyers, your choice of lawyers or great room, but how to choose the most suitable lawyer »

Choice of lawyers science just three points:

A look.

First of all, is "to see the food dish."

To see the ease of cases, the target size, which is a legal areas, a large or small the case is civil, criminal or administrative case. Please find a doctor like lawyers, the common cold do not have to find doctors, medical diseases not find a surgeon, incurable diseases can not find a general practitioner. Generally speaking, small cases it is not appropriate to "counsel", and should, it is not appropriate to Doubtful Case "mini counsel", there is no need to find real estate, intellectual property lawyers do Kyo, even if his reputation further large. This is because:

Profound scientific laws, a person's energy, time is limited, not 18 like everything weapons proficiency, a lawyer may be one or several areas of law "professionals", but can not be all-inclusive "generalist", unless He is the "size-fits" type of lawyer or his "Fenshen operation."

Relatively speaking, "counsel" the tangible costs, paid by the labor of "gold content" is relatively high, correspondingly higher fees for a simple case, the smaller the subject to find the small "Bar" "Slaughter of chickens with Niudao", the economic uneconomical. Instead, the operation should, Doubtful Case, the need for solid grounding of law, rich combat experience, the great debate skills, to cope with the ability to communicate, there should be the "Bar", master. Plans to save money, you will not find a "small lawyers" Hunong click, you might mistake the matter.

Secondly, through the "Chayanguanse", to review the strength of lawyers.

You should visit a law firm to see what his office, office decoration, how to display, what are the legal books, clothing lawyers how to dress, how Dairenjiewu. "First impressions" are often , "to see the small", reflecting the tastes and levels of the lawyers.

You should be briefed by lawyers, the lawyers look at the business expertise, what kind of case is his "specialty skills", his is not the case with his professional counterparts.

You should Yantanjuzhi lawyers to study the oral expression of his ability, logical thinking ability, resilience and ability to communicate.

You can also open to a lawyer of his computer to see if he wrote a legal instrument. Law is a lawyer lawyers instruments grounding, text, practical experience and litigation skills enrichment and carrier, the defence of their word, the word of agents, lawyers such as the level of the clear bottom of the river, sweeping, see a high or low. Is a mule or horse, a look Bianzhi.

You can also a lawyer from his archive material in the dossier he had closed out the "indictment" and "judgement" and tried to understand the results from the lawyers handling the case study on behalf of the lawyers handling cases experience and results.

Again, look at fees. At present, the solicitor's fees are generally taken in consultation fees, charges both held in the hands of lawyers, also is in your own hands. In short, with both sides of your situation I would like to, you can combine the ease of cases, the size of the workload to see a lawyer to "price" is reasonable, value for money, with its own economic sustainability of adaptation .

Second asked.

"Read" and sometimes as "Pioneer Press Baccalaureates told," dim impression, in addition to "see", you have to carefully "to ask."

No doubt the lawyer character in the first place, it is difficult to imagine a worse character, reputation of lawyers will not do well-known case, even occasionally into a single, may also be godsend to the "collision", not Aged Laojiu the mellow charm.

You should be through multiple channels, the lawyers ask for more or less understand the people. Do not force the reputation of lawyers have a 100 percent rate, meaning that each person should not expect that this good lawyers, because in China the rule of law, the lawyers also a serious misunderstanding, but a good lawyer will win the majority of the people Recognized.

You can also focus on the case, set a number of issues, the lawyers ask: how the legal case evaluation » What kind of countermeasures to be taken » Can predict the trend to the case or the outcome »

Many, "asked:" After you on the lawyers do not mind more on the "end"? »

Comparing the three.

Some people to a lawyer, superstition, "big", but the "name" is cited, eyes only focused on the "Bar", it seems that the Bar are all hand-eye Forum, Fengxionghuaji, Fenghuiluzhuan, enchanting capabilities, regardless of the "Bar" in which expertise, whether or not the case with your "professional counterparts."

Some people to a lawyer, short-sighted, but the "pro-" is given only in leadership, colleagues, friends and relatives "introduced" in the circle to identify, does not appear to be introduced to acquaintances of all, "the letter, however."

In fact, the lawsuit is common practice for lawyers, but for you, life will only be a single lawsuit stalls, you can not live in "lawsuit" Lancashire, unless you are a non-continuous people. It is in this sense, the lawyers are not allowed to "review" and "failure" and not allow a second choice. Therefore, lawyers should , balance, or else they might inadvertently one of the, Huizhiwanyi! Your vision is entirely possible to relax, first is a lawyer, you can found a lot of lawyers of personal data, which screened a few "candidates" to compare their law training, practice experience, operational expertise, the style of handling cases, Social impact and social experience, but also by phone and letter form the initial communication with them, "stoning ask for directions."

A strength of the gold is not afraid of Huolian lawyers, stood "than".

Secondly, is a solicitor's fees.

You can counsel the "Price", "comparative shopping."

Of course, "comparative shopping" is not old woman visited the market, only pick cheap, nor is it the young man to love Baikuo boutique shopping, the only Maigui. See lawyer fees, legal fees can not simply look at the amount, that "your" and "not expensive" conclusions. You should be the case the difficulty, complexity and lawyers may be going into the office expenses, paid by the mental labor of size, quality level of comparison, you can lawyers "He has" the charges and "case "Compared to Mozhun the lawyer's" market. "

You can also put the lawyer's fees and lawyer's fees He compared.

Of course, lawyers uneven quality, work style, ideas, very different costs, fees and charges "grades" also vary greatly, can be compared to the town hospital and a hospital doctor in Beijing, the disparity between the big medical expenses, because Medical equipment, environment, medicine are several different grades, as a well-known U.S. lawyer Clemens Kay said: "paid to the lawyer's fees should not be the basis of their statements in court, the length and quality should be based on the merits of its defence . "

In short, from various angles to compare, you will be able to achieve the "dumb eat dumplings? D? D few hearts."

1, Q 2, 3 comparison, on how to choose lawyers, you have not assured what the »



Think twice: how to measure the quality of lawyers » Please see your lawyer has been done for you » How do »

How to measure the quality of lawyers »

This issue in some people appear to be very simple: this is also not easy to them to see the results Bai, winning the lawsuit, with satisfactory results, there is this level of lawyers, otherwise, this lawyer is the Waterloo-hsiang waste.

This "success or failure of Lunying Xiong," "On the merits of the results" of certain standards of professional judgement, can indeed useful. Such as: score to measure the strength of athletes, with flowers and applause to the actors shown outstanding performances success, and He Daocai to give bad reviews under the actor, with numerous scientific research results to show the performance of scientists, used to joke Dao Weikou cook meals The incompetence…. However, this evaluation standards, lawyers on the use of inappropriate. This is because:

Justice is the status quo: the case of win or lose, good or bad depends on the outcome of various factors, such as the merits of the case itself, the quality of judicial officers and judicial organs within the delicate relationships, visible from all aspects of society, the impact of the invisible, In other words, the laws of the factors occupy a certain proportion. Of all the eating "legal rice" in the occupation, lawyers are not only holds the judicial power of civil society from legal professionals, lawyers have the advantage of his expertise in law, lawyers rely on the authority of the law is that Rely on their thorough understanding of the law and the rule of law in the pursuit of perseverance to influence the thinking of members of the judiciary, their hands about the power of final adjudication of the case is the hands of the judges, that is, how-» How do » Or judges the final say, You Bude lawyers. As the famous British lawyer Barents »Bramwell said:" A smart client, he would sensibly to his lawyer said: 'I want you for my defense, not to give me your judgement. I Know how judgement, it is to judge the matter '. "No wonder lawyers have such feelings of many: in court before the verdict, the hearts are Qishangbaxia. Some cases, a simple case, not for what God, we can come to successful conclusion, as doctors look at some minor ailments, not to test the equipment on the open know what drugs, what a boost before the court without lawyers prepared for trial when Only "routine", an understatement to say a few words on the result of the successful cases, you can say that this excellent counsel? » Some cases even more justified, lawyers say more, and then through the end of judges and lawyers or "two over the running of the car", the case against the unexpected, you can say that this lawyer did not level » Yanneng the only case to measure the results of the work of the merits of lawyers » A senior lawyer in the sector "retire" Tan Chen wrote in his autobiography by the contractor of the very low rate of successful cases, the majority of claimants to an end, however, this does not affect his generation to become well-known lawyers, because of his excellence Is that: one pair of highly responsible parties, the rule of law pursued the absolute sincerity of the heart, to his practice standards and ethical practice, reputation, impeccable, even if a lawsuit lose, common sense, he is also the subject of complaint or regret. Acting together, I have been the subject of nearly 5 million of real estate cases, the claimants, after two years, and I find my clients, I once again " ," Acting another case. Why not lose the lawsuit because of the loss of my confidence » In his mind because I left a memorable impression, in his own words, through this lawsuit, he learned that my professional standards and professionalism, as the case against, it is a matter the court.

Some of the parties to lawyers Paizhexiongfu promised to "get", to "release", "Bao Qing Pan" promises. Some lawyers for the parties to discuss the "favor" or give them to eat a "reassurance", is often not the case in uncertain circumstances on the ground floor conclusion easily, judgement, as if the court is his home open, or he has Zhuge Liang of the foresight that. As everyone knows, these "package counsel" may backfire, so that the parties want more, the greater disappointment.

Of course, this can not be said that the lawyers work to measure the merits and demerits of the process can not only see the results.

Is in favour of the maximum fees for lawyers and the most beautiful title, is not only the parties most want to see the results, lawyers also pursued. Lawyers and clients is consistent with the objectives, that is, do everything we can to win favour. It can be said that lawyers in and see the results of the parties won the hearts beat together, the overwhelming majority of well-known lawyers with their own efforts Qihao defend every piece of brick buildings, in their own life left on the curriculum vitae of numerous successful defence And dreams of glory.

Look at the pros and cons of lawyers working, successful or not is certainly one of the criteria, but more important is to see: the pursuit of successful lawyers in the process of doing for you » How do »