Judges suggest: court defense and court debate are more efficient

1. What are three steps for effective defense?

The defense was not only reflected in the defendant's response to the court, but also the defendant's entire speech during the trial. The importance of defense in the trial is beyond doubt. To some extent, the defendant's defense is an inevitable move for the advancement of trial procedures. Judges can determine the focus of controversy and discover the facts of the case.

Although the judge has the authority to investigate in accordance with power, it can be found that the facts are subject to the ability and skills of the parties to a certain extent. Without the participation of the defendant, the trial process is equivalent to the only spear in the battle and defense battle, and there is no shield. It may seriously affect the progress of civil lawsuits and the correctness of the referee.

How should the defendant reply? Some people will say that this is not very simple, it is to write a defense, just refute the plaintiff, but it is not.

How can I successfully refute the plaintiff? During the trial, the defendant only proposed the initiative only to the fact that the plaintiff's lawsuit requesting the lawsuit to the people's court and the facts and reasons based on the claims based on the facts and reasons based on the lawsuit request the facts and reasons based on the facts and reasons based on the lawsuit.

Article 54 of the Civil Procedure Law of the People's Republic of China stipulates that the plaintiff can give up or change the request of lawsuits. The defendant can admit or refute the claim and have the right to file a counterclaim.

Article 128 of the Civil Procedure Law of the People's Republic of China stipulates that the people's court shall send a copy of the prosecution to the defendant within 5 days from the date of the case. The people's court shall send a copy of the reply to the plaintiff within five days from the date of receipt of the defense. If the defendant does not propose a defense, it will not affect the people's court trial.

Article 49 of the "Supreme People's Court's Several Provisions on Civil Litigation Evidence" stipulates that the defendant shall submit a written response before the expiration of the defense period to clarify his opinions and reasons for the plaintiff's request and basis of the plaintiff.

According to the above provisions, the defense is both rights, and the defendant may acknowledge or refute the claim and has the right to filed a counterclaim; it is also an obligation. The defendant shall fulfill the obligation of the defense during the defense period. Of course, the defendant does not submit the defense or the right to exercise the defense, which does not necessarily cause adverse consequences, but if the judge cannot comprehensively and accurately identify the facts of the case, it is likely to make a referee that is not conducive to it.

Therefore, the defendant should respond positively on the facts and reasons based on the plaintiff's litigation request and the facts and reasons based on the request of the lawsuit. Although the Civil Procedure Law stipulates the content and form of the defense, there is no clear rule for the defendant's defense. Generally speaking, effective defense needs to follow three steps.

1. Identify the rights claimed by the plaintiff

The first step was to receive the complaint. As the defendant, the right to figure out the right to the plaintiff's basis and claim.

Clarify who the plaintiffs claim to, what kind of legal norms, what rights that claims, and the search for the foundation of the right to request the right to request the right to request the right to request the right to request the right to request the right to claim the right.

The plaintiff wants to be supported by the court's decision, and must submit a lawsuit within the legal effect scope of the right to request the right to request the right to request the right to request the constitutions of the request right.

For the defendant, you need to read the plaintiff's complaint carefully, find the legal relationship advocated by the plaintiff from the request and the reasons for litigation, so as to find the foundation of the plaintiff's right to request. You can go in three steps:

01 The basic type of physical rights based on the right to request the right to request the right to request rights is largely limited.

For example, a divorce dispute involving the termination of the marriage relationship is the scope of the marriage and family compilation of the "Civil Code"; the dispute over the compensation for personal damage in road traffic accidents can be found in the editor of the "Civil Code" infringement liability; Return disputes should be retrieved in the "Labor Law" and "Labor Contract Law".

02 Clearly define the specific types of request rights, and attribute the plaintiff's claims and reasons to the specific type of the right to request.

According to the basic rights generated by request rights, the right to request the right can be divided into five categories: real right to request the right to request, the right to protect the right to protect, the right to request for personal rights, the right of intellectual property rights, and the right to request the right of claims. For several small categories. Taking the right to claim claims as an example, of the five types of claims of claims, the right to damage compensation claims can be divided into at least eight categories based on the difference in the reasons. Specific type. Specifically as shown in the figure below:

03 According to the guidance of the specific type of request right, find the foundation for the right to request the right to request.

Taking the right to damage compensation requests based on contract, Article 577 of the Civil Code specifically specifically stipulates the right to claim the damage compensation request for not performing the contract; Article 157 of the Code specifically stipulates the right to claim the damage compensation after the contract is invalid and the cancellation; The right to claim the damage of improper and uneasy defense.

If the plaintiff states that the facts are clear, if the legal basis is clear, it can determine the basis of the request right; when the plaintiff only describes the basic facts and does not clearly propose the legal basis, the plaintiff's claim and reason should be attributed to the above steps, and then the request should be requested to the request. The foundation of the rights is determined; the plaintiff's description of the facts of the case contains unclear or ambiguous. After it is clear, it can be sorted out of the content related to the right to request, and then confirms the basis of the request rights with the above steps. For example, natural person A and B signed an annual interest rate of 24%and a 5 million yuan loan contract within one year. Later, the two parties signed a house trading contract, stipulating: "A sells the house to B, and the house model is the sum of the principal and interest of the borrowing of A. B has the right to directly obtain the ownership of the house. "B pays A borrowing, and A issues a receipt received all the housing funds. Hou A did not repurchase the house in accordance with the agreed, nor did he transfer the house to B. The current house price has risen to 10 million yuan, and B requires A to transfer the house to himself.

In the above -mentioned disputes, the basic types of borrowing contracts, housing trading contracts, and the right to request the right to request the right to request the rights involve claims and property rights. Now B uses the house sale contract as a basis for the house involved in the house. On the surface, it is necessary to fulfill the housing sales contract, but the essence of it, the A and B are the way to set up A to sell the house to B to guarantee that the A borrowed on the B on the B of B Performance of debt.

When defining the specific type of request rights, consider the subordinate attributes of the sales contract. The housing sales contract belongs to the loan contract. The Between A and B are actually borrowing contract relationships, not the relationship between the housing buying and selling contract. If A fails to perform the repayment obligations of B, B shall be prosecuted in accordance with the loan contract, and cannot be prosecuted in accordance with the house sale contract. Therefore, according to the guidelines of the specific type of request rights, the loan contract is the basis of the request rights of the case, not a house sale contract. If the plaintiff does not change the lawsuit request and insists on the prosecution of a house trading contract, the defendant may apply for the court to reject the prosecution.

2. Choose suitable defense

After identifying the rights claimed by the plaintiff, the defendant can choose a suitable defense after analysis. This is the second step and the key link of the defense. The defendant can make targeted defense in accordance with the plaintiff's claims, factual claims, and legal relationships.

01 Answers made based on procedural reasons

The court will review the plaintiff's prosecution in accordance with the provisions of the procedure law, and review the plaintiff's prosecution in accordance with the acceptance conditions. If the defendant found that the plaintiff's prosecution did not meet the acceptance conditions prescribed by the law, it could also make a defense on the grounds of this. The defendant's lawsuit requests that the plaintiff's lawsuit did not meet the acceptance conditions, did not belong to the court acceptance scope, the plaintiff's subject was unqualified, the interests of the lack of complaints, repeated prosecutions, and did not go through the pre -procedure and other reasons to request the court to reject the plaintiff's prosecution.

02 Answers made based on physical reasons

If the defendant wants to avoid civil liability through defense, he must propose a denial of the constituent and legal effect on the foundation of the right to request the right to claim the right to claim the right to defense in addition to the foundation of the request to fight against the plaintiff's request.

(1) If the defendant recognizes the plaintiff's factual statement, there is no reason to use different claims of request rights with the plaintiff.

(2) If the defendant denies the plaintiff's factual statement, it is denied. For example, the plaintiff claims that the contract has been established, and the defendant denies the statement, then the defendant needs to state what negotiation the two sides have performed and what the reason for not reaching an agreement; for example, in the road traffic accident disputes, the defendant denied the cause of the accident stated by the plaintiff, then It should be stated that according to its point of view, how did the accident happen?

(3) The defendant recognizes the factual statement of the plaintiff, but proposes the fact that the plaintiff's statement can be refuted. The specific manifestation in practice is "Yes ... but ...". This statement of the defendant constitutes a defense of the law of litigation law. The defense of the meaning of the lawsuit can be divided into three categories:

Obstacles of rights

The legal consequences of the plaintiff's statement cannot occur from the beginning, and the existence is hindered. For example, the parties are in a state of mental disorders at the time of establishing a contract, or the contract lacks a legal form, and the contract violates public order and customs. The end result is that the contract is invalid or the right to request the contract does not exist.

The facts of the elimination of rights

It involves the fact that the rights effectiveness of the rights existing from the time of the plaintiff at the time, such as the defense of repayment, offering, exemption, revocation, and termination of contracts.

The fact that the right is stopped

The defendant exercised the right to refuse to pay, and although the right to pay for the right to destroy the other party, he gave the defendant's right to refuse to pay. For example, timeliness defense, no defense of the contract.

For example, when A was driving home after drinking at night, when C violations were parked on the roadside vehicle, pedestrian B suddenly came out of the car. A avoiding was too late to hit B, and B cost 30,000 yuan for treatment. B requires A to compensate 30,000 yuan. A argued that B did hit by him. This was recognized by the plaintiff's statement, but the collision was caused by the failure to discover B in time by C violations, and C should also bear the liability for compensation, which is in line with "... but ... but ... but ... "The form of expression, this is the defense of the rights of rights claimed by B recognition B should be after the common infringement behavior of unintentional contact.

(4) The defendant's defense may be limited to applying for rejection of the plaintiff's lawsuit, and it can also file a counterclaim for the plaintiff.

3. Provide corresponding evidence

The third step is to prove the corresponding evidence to the facts proposed by the facts proposed. This is an important part of defense. Corresponding defense of lawsuit law needs to provide corresponding evidence. Provide evidence to prove the facts of the case. The facts of the case can be divided into four categories: the facts of rights, obstacles to the occurrence of rights, the right to temporarily prevent the exercise of rights from exercising rights, and the destruction of rights.

When the plaintiff puts forward evidence on the facts of its claims and sufficient to prove the facts to be evidenced, the defendant needs to propose the facts of the obstacles of the right, temporarily prevent the right to exercise rights to prevent the facts of the destroy of the right, and bear the fact that the facts of the destruction of the rights will be defended and bear the borne Corresponding liability for proof. If the facts that cannot be arbitrarily argued or have no evidence to prove or have insufficient proof, the defendant will bear the risk of losing.

For example, in the civil loan disputes together, the plaintiff issued a debit of the defendant's signature, which stated that the defendant borrowed 20,000 yuan from the plaintiff on September 25, 2015 and December 25, 2015. The borrowing principal is 40,000 yuan and pays interest. The defendant argued that on January 23, 2017, after contacting the plaintiff and asking for the bank card number, the borrowing was returned 20,000 yuan in cash deposits. Based on this, the loan between the two parties had been settled. The content of "2015.12.25 million yuan (20000)" in the debit was the plaintiff added afterwards. The defendant never borrowed 20,000 yuan from the plaintiff on December 25, 2015.

In this request borrowing to return the lawsuit, the plaintiff proposed the fact that the facts of "delivery money" and "agreed to return" the facts of the facts of the request. The plaintiff provided the debit to prove that the plaintiff claimed that the right to return the right to the request had the fact that the plaintiff claimed that the right to return the request. The defendant made two different defense on 40,000 yuan, borrowed 20,000 yuan, but 20,000 yuan has been returned, and the bank flows is provided. It does not exist from the beginning, this is the obstacle facts of rights. Given that the defendant does not provide false evidence of 20,000 yuan, the defendant can solve the problem of evidence by applying for appraisal. If the defendant's defense has not yet expired, it is the fact that the rights are prevented.

In short, on the basis of identifying the plaintiff's rights, the defendant can choose to make appropriate defense and provide corresponding evidence based on the constituent elements and legal effects of the request right.

In the process of litigation, we must avoid simply responding to defense, or simply refute each other's opinions. Instead, we should follow the three steps of identifying the rights claimed by the plaintiff, choosing a suitable defense, and providing corresponding evidence to experience the inherent logic value. Master the art of defense and further improve the effect of defense.

2. How to make court debate more concise and efficient?

The court debate is the process of comprehensively explaining the legal basis of their claims under the auspices of the judge. The court debate was not "spoken", but had mystery. Under the established procedures, the context of "Summary of the Court Survey -Refining the Focus on Disputes -Core for the Court of Court Debate", the facts, evidence and laws will be clearer, and the court debate will be more concise and efficient.

In practice, the court debate is often weakened. Some judges and parties focus on the investigation of the court, making the court debate into "form", which is a great misunderstanding in the trial. In fact, the court debate is the last ring of the parties' trial, which is of great significance to the final referee of the case. Through debate, the parties can fully focus on the focus of controversy and the facts and evidence confirmed by the court, express and maintain their claims and oppose the debate opinions claimed by the other party, and put forward the legal basis; The applicable laws are finally impartial judgment. It can be said that the court debate is an important basis for the final judgment. High -efficiency and orderly court debates are essential for judges and parties.

1. The prerequisite for the court debate efficiently: the court's investigation summary

The court's investigation and court debate were not completely independent, and there was inextricable connection during the period. The former was the basis of the latter. During the investigation stage of the court, the parties stated and proof and evidence in turn. The facts and evidence displayed in them may be lengthy and complicated, especially in difficult and complicated cases. Therefore, judges need to make a summary of the court investigation in a timely and effective manner, so that the trial process is coherent, orderly, and layered. The trial summary during the investigation phase of the court is an effective means to solve the above problems.

The summary of the investigation of the court is mainly to summarize and summarize the content of the trial, and fix non -controversial facts and evidence, thereby narrowing the scope of controversy, highlighting the focus of disputes, making the court debate more targeted, thereby improving the quality of court trials, and making the trial rhythm of the trial rhythm. More compact and efficient. As a result, unless the parties quoted the facts and evidence to prove their explanation of the focus of disputes, in court debate, generally speaking, the parties can no longer involve no controversial parts, but focus on focusing on the focus of disputes.

In practice, some judges are neglected to conduct a summary of the court investigation, or the mechanical development summary, such as simply repeating the opinions of the parties' debate, etc., which has led the court investigation to the form and failed to play a role. During the investigation stage of the court, a qualified trial summary should have the following content:

01 Determine litigation requests and cases

The parties stated through the court's investigation stage that the judge can clarify and fix the party's lawsuit to determine the case, and lay the foundation for the summary of the focus of the dispute.

02 Fixed facts and evidence without disputed

The judge can allocate and certify the responsibility of proof through the parties' proof and qualifications, and can fix the facts and evidence of no controversial facts and effectively reduce the scope of disputes.

03 The core opinions of the two parties on the two parties

Through the factual investigation section of inquiry and the quality of the quality, the core opinions of the two parties to the two parties were refined, so that the main views, the facts and legal and provisions of the "offensive and defensive" parties were at a glance, so as to lay the foundation for the focus of inductive disputes.

2. The core of the court debate efficiently: focus on the focus of disputes

Debate based on the focus of disputes, which is conducive to drawing the context of the trial and ensuring that the court's debate is more efficient and orderly.

On the one hand, the two parties can be targeted in the debate, avoid caught the core, repeat or repeat the facts of the case; on the other hand, judges can effectively grasp the trial process of the case and guide the parties to debate around the focus of disputes to further improve the efficiency of the trial of the case. As a result, accurate summary of the focus of disputes and guiding the parties to debate around the focus of disputes is the core of efficiently carrying out court debate.

01 Content of the focus of disputes

The focus of dispute includes the focus of disputes and the focus of the law. The former refers to the identification of the evidence involved in the case, whether the relevant legal facts exist and the true and false disputes, and the latter is the controversy generated by the parties to the laws and regulations of the case. The summary of the focus of disputes should be developed around the facts of disputes, key evidence and law. Specific include:

Whether the facts of the final case are established

Based on the investigation of the court, the judge found specific differences and determines the fact that to be proved. In the court debate, the parties should express their opinions on the facts of the evidence in accordance with the facts of the facts, evidence, and the proof of proof.

Whether key evidence is effective

Evidence is an important basis for determining the referee to determine legal facts. Whether the key evidence is effective, in the court debate, the parties can guide the parties to conduct debate around the "three sex" of evidence and the distribution of proof liability.

Whether the core point of view is supported by the law

Whether the legal facts that can be identified by the court's investigation and evidence certification can apply some legal norms to support their litigation claims, and determine the final direction of the case. Therefore, whether the legal norms are applicable to this case and the understanding and applicable disputes on the legal provisions itself are also the focus of court debate.

Special types of dispute focus

For example, some cases have insufficient evidence, the facts are blurred, and there are some specious situations. At this time, the purpose and value of legislation, the background of disputes, social cognition and rationality are also one of the focus of disputes.

It should be noted that any of the above situations can constitute the focus of controversy. Sometimes the case is difficult and the controversy is large. In the same case, there may be the focus of disputes in the above situations.

02 Refining ideas for the focus of controversy

The trial activity is a dynamic process. The refining of the disputed focus shall be randomly made according to the trial of different cases. Regarding the determination of the focus of disputes, there is no unified formula in practice. According to the author's perception of decades of trial experience, the most commonly used and effective basic idea is:

1. Do not deviate from the request of the request request of the plaintiff. The so -called basis of request rights, according to the point of view of Professor Wang Zejian in Taiwan, is "who has to whom, what kind of rights based on what kind of legal norms, and what rights." After the investigation of the court's investigation clear and fixed litigation requests, the inductive induction of the focus of the dispute shall be carried out around the plaintiff's lawsuit request. The focus of the case trial is to make a value judgment on whether the plaintiff's claim was supported. Therefore, no matter what the dispute between the two parties, the focus of the court's inductive dispute cannot deviate from the main line of the right to request the right to claim, and cannot be inverted.

For example, a case of infringement disputes, the plaintiff was bitten by a dog raised by a neighbor during the community, and then sued to the court to ask the defendant to compensate the corresponding medical expenses and misunderstandings. In addition to comprehensively defense the opinions of the two parties in this case, the refining of the focus of disputes must also analyze the legal provisions applicable to the basis of request rights.

First of all, this case is a case of breeding animals, which is a special infringement dispute. According to Article 1245 of the Civil Code, the principle of non -fault liability shall be applied. Therefore, whether the infringer in general infringement cases have faults in the constituent elements of the general infringement case, there is no need to consider whether the defendant's defense involves its own faults and other issues, and it does not need to be reviewed as the focus of disputes.

Secondly, the review of special infringement disputes caused by breeding animals is the focus of the damage and loss of damage to the infringer, and whether the plaintiff itself has fault.

Therefore, the induction of the focus of the dispute in this case should not deviate from the above review focus.

As a result, if the defendant raised the fact that the plaintiff was damaged and the amount of losses was objected, the focus of the dispute was whether the plaintiff's damage to the facts existed and the loss occurred objectively. Second, if the defendant has not objected to the damage and loss of the plaintiff, and only objection to the liability he should bear, there is only one focus on the controversy of the case. Whether there are intentional or major faults, such as actively tease puppies.

2. The key points of the core opinions of the "offensive and defensive" of the "offensive and defensive" of the two parties are expanded. As mentioned earlier, after the court's investigation, summary should be performed in time to refine the core opinions of the two parties to the two parties. Therefore, the focus of disputes should focus on the facts, key evidence and corresponding legal provisions of the dispute between the dispute between the two parties. The focus of the dispute is not as many, but in the essence, it may be a "point". This "point" may be an important fact or a key evidence. If the controversy of this "point" is resolved, the final result of the handling of this case may be possible. It's self -evident. For example, a trial of a civil loan dispute case, the plaintiff sued the defendant based on the transfer voucher and requested that the amount recorded in accordance with the transfer voucher was returned to the loan. If the defendant's defense of the transfer amount is not a loan, but the other exchanges between the two parties, then the focus of the dispute between the case should be expanded around the nature of the money, that is, does the two parties have legal relationship between private lending? The nature of the two sides should argue on whether the nature of the money is borrowed or other economic exchanges.

If the defendant has no objection to the legal relationship between the two parties, but only objection to the amount of the arrears, he believes that the amount of the arrears is not so much. He has returned some money through his account of himself or others. Then the focus of the controversy in this case should be focused on the specific amount of the defendant's repayment of the arrears, including whether the money paid by the outsiders to the plaintiff is the fact that the defendant returns the loan, that is, the fact that the third party is performed on the case.

3. Simple and clear and highlights the basic requirements of summarizing the focus of disputes. The purpose of inductive controversy is to guide the parties to express their opinions in a targeted debate. Therefore, the highlight of the focus is the most basic requirement, and taboo is speculative instead of making the parties at a loss. At the same time, the court debate is at the end of the trial activities. The two parties (even judges) who have been in a high degree of mental tension for a long time are quite exhausted during the court debate stage, and the ability to accept information will decline. The lengthy summary of words does not play a role in allowing the parties to accept and prepare to answer opinions, and to a certain extent, it is overwhelmed by the focus of prominent, giving people an unclear understanding of ideas. Therefore, "the shortest thing to say, the most important thing" can ensure that the parties have effectively argued around the focus of disputes to a certain extent, and efficiently play the role of court debate.

03 The judge should fully guide the parties to conduct debate around the focus of disputes

In the court debate, the judge should fully control the process of debate and guide the two parties to conduct debate around the focus of disputes. Specifically, before the debate, the judge prompts the parties to argue around the fixed dispute focus to exclude the interference of the trial of non -focus issues. Unless it is to confirm the focus of disputes, the fact that the facts of the investigation have been fixed or the problems of both parties have no disputes.

According to the trial needs, the court debate can be carried out in several rounds. The judge can decide whether to refine the focus of dispute again according to the first round of debate, or re -propose the focus of disputes to allow the two parties to continue to express the debate. It should be noted that in the subsequent rotation debate, judges can also guide the parties to make supplementary opinions on the unsatisfactory matters or some details and points in the front round debate.

It is worth emphasizing that the court debate and factual investigation are not completely separated. Through the court debate, if the judge found that some factual issues were missed or not in -depth during the court's investigation stage, they could restore the court investigation after both parties to the second part of the debate, and after the above -mentioned investigation was clear, the court debate was restored.

3. Misunderstanding of court debate

In judicial practice, there are some common errors in the court debate. Whether it is a judge or a party, you should pay attention to the following behavior:

01 The misunderstanding of Judge

1. The focus of inductive controversy is "going". Including the focus of the focus of the dispute, simple machinery or face. The former refers to whether the judge simply uses the parties' litigation request or appeal request to be supported as the focus of controversy, resulting in the focus of controversy to be reduced to "form"; the latter indicates that the judge did not rule out that the two parties have confirmed the same confirmation of the court investigation when the focus of the dispute was induced. Facts or evidence, which leads to the unsuccessful focus of the court debate and low trial efficiency.

2. The focus of the dispute is static. Some judges mistakenly believe that the focus of the dispute is fixed after the summary of the dispute, which is not actually the case. The focus of the dispute should be progressive or changed with the degree of identification of the case. With the advancement of court debate, some disputes and facts are gradually clear, and the focus of disputes only needs to focus on some details and points. At the same time, new issues may be found in the debate, and the court investigation or supplementing the new dispute is needed. In addition, the phenomenon that the judge's inductive dispute is not accurate also occasionally occur. By listening to the debate opinions of the parties, the judge can adjust the focus of the dispute in time and guide the court debate to a more accurate and efficient track.

For example, in the trial of the aforementioned civil lending dispute case, the defendant proposed the plaintiff's view of the plaintiff in the first round of debate opinions that the lawsuit had exceeded the timeliness of the lawsuit. After the end, the court investigation should be resumed in time to conduct investigations on whether there is a time interruption of lawsuits and suspension. After the facts of the facts, the court can host the second round of court debate and guide the two parties to express debate on whether the plaintiff's prosecution has exceeded the time limit of the lawsuit.

3. Interrupted the parties to speak when unsuccessful. In the court debate, some judges may be anxious to guide the parties to express their opinions around the focus of disputes, and therefore interrupted the party's speech in advance. It should be noted that judges should fully respect the parties' debate rights and have to interrupt the parties to speak reasonably. If the parties' speech is completely deviated from the focus of controversy or the publication is unrelated to the case, the judge can properly reminded and guide the party's speech to return to the focus of the dispute. 02 The misunderstanding of the parties

1. Insufficient preparation before court. As the court's investigation phase of the two parties proof and qualifications, the court finally determined that and the focus of controversy confirmed by the parties may be inconsistent with the focus of the parties in advance. However, in the court debate, the parties did not have a comprehensive understanding of the case of the case due to insufficient preparations in front of the court. As a result, they could not flexibly adjust the debate according to the court investigation. In this regard, it is recommended that the parties should grasp the defense opinions flexibly according to the change of the focus of the dispute to avoid simply reading the manuscript and the reduction of court debate. Of course, this also involves the ability of the parties to respond to the ability.

2. Larely objection to the omissions of the dispute. According to the provisions of the Civil Provenance Law, the judge should solicit the opinions of the parties on the focus of controversy. Not all judges can complete the focus of disputes in a complete and accurately, especially for some complicated and difficult cases. In practice, when many parties solicit opinions on the focus of the judge, they are negotiated with objections. Instead, they will discuss the issues outside the focus in court debates. , And it is not conducive to the improvement of trial efficiency.

3. Speaking is lengthy but not prominent. Some parties have the wrong understanding of "more more more than, the more reasonable", which leads to the lengthy speech in the debate and does not truly express its core point of view. In the case of the parties present, a few agents have an inappropriate "performance desire". In the wrong mentality of "the more the more the parties are, the more satisfied the parties, the more they are satisfied", they are played by themselves. It should be realized that the debate speaking is not "more" in "fine". The focus of the speech is clear and grasped the core to better explain to the court's point of view.

In general, a good court debate is the process of judging the fact that the judge passed the preliminary trial summarizing the facts of the case, narrowed the scope of disputes, and summarized the focus of disputes, and guided the two parties to discuss the discussion around the focus of the debate. Both judges and parties should grasp every detail, pay attention to the core of court investigation, the focus of controversy, and the core of the court debate, and promote the court debate along the main line. Multi -party cooperation can make the court's debate clear, improve the effectiveness of debate and the trial of court trials, and lay a solid foundation for the final fair referee. Source: Supreme People's Court of Justice Research Institute

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