How to determine the litigation status
Satisfied answer: Level 4: 20 10-06-29 1. The litigation status of both parties is completely equal. Equal litigation status means equal litigation rights and obligations. In civil litigation, litigants have different names, such as plaintiff, defendant and third party, but their litigation status in the process of litigation is equal, regardless of advantages and disadvantages. Both parties in civil litigation enjoy equal litigation rights and assume equal litigation obligations. The litigant rights of the parties are equal, which is manifested in two situations in civil litigation: First, both parties enjoy certain identical litigant rights, such as the right to entrust an agent, apply for withdrawal, provide evidence, request mediation, argue, file an appeal and apply for retrial. Second, both parties enjoy equal litigation rights, such as the plaintiff has the right to file a lawsuit and the defendant has the right to refute and counterclaim. Litigation rights and obligations are corresponding. Both parties enjoy equal litigation rights and undertake equal litigation obligations. For example, both parties should exercise their litigation rights, fulfill their litigation obligations and abide by the litigation order according to law. Of course, due to the different roles of the parties in litigation, in some cases, they bear different litigation obligations, and the consequences of not fulfilling their litigation obligations are also different. Therefore, whether from the perspective of litigation rights or litigation obligations, the equality of both parties does not mean that the litigation rights and obligations of both parties are exactly the same. 2. Both parties have equal access to the means to exercise their litigation rights, and the people's court shall equally guarantee both parties to exercise their litigation rights. The way of exercising litigation rights is the concrete form of realizing litigation rights. Without equal means to exercise litigation rights, then equal litigation rights are just an armchair strategist and cannot be realized. The specific forms of exercising litigation rights are oral or written. For example, in order to realize the right to apply for withdrawal, it is necessary to submit an oral or written application and explain the reasons; In order to exercise the right to debate, there must be enough opportunities to speak in court. If only one party has the means to exercise litigation rights in civil litigation, it is impossible to ensure that both parties exercise litigation rights equally. 3. All parties are equal in the application of law. All litigants, regardless of nationality, race, sex, occupation, social background, religious belief, education level, property status and residence period, are equal in the application of laws. All citizens, without exception, should abide by the law, enjoy the rights and fulfill the obligations stipulated by the law. The legal rights of the parties should be protected and the illegal acts of the parties should be punished, which is the inevitable requirement of the principle of equal litigation rights.