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Is it easy to litigate civil disputes?

Civil disputes are easy to litigate.

The court applies ordinary procedures to hear civil cases and must strictly follow legal procedures. According to the provisions of the Civil Procedure Law, a court hearing is divided into the following stages:

1. Trial preparation

Court trial preparation is the preparation of the court before the formal trial of the case. Preparatory work for the smooth conduct of the trial.

2. Court investigation

The main tasks of court investigation are: the judges comprehensively investigate the facts of the case in court, review and verify various evidences, and ensure the correct determination of the facts of the case and the application of the law. Lay the foundation.

In accordance with the Civil Procedure Law and the Supreme Court's "Several Provisions on Evidence in Civil Litigation," court investigation mainly includes two contents: First, the parties' statements; second, the presentation of evidence and cross-examination.

3. Court debate

Court debate is when the parties and their attorneys state their views and opinions under the auspices of the collegial panel based on the facts and evidence found during the court investigation stage. , litigation activities in which each other verbally defends itself. Court debate is the most vivid and concentrated embodiment of the principle of debate.

The parties and their litigation agents conduct oral arguments with each other based on the facts and evidence reviewed during the court investigation stage and around the focus of disputes in the case, and strive for the collegial panel to make a ruling in their favor.

At the same time, through debate, judges can grasp the key points of the case, which helps to clarify the facts of the case and distinguish right from wrong.

4. Case evaluation and pronouncement of judgment

This is the final stage of the trial. It is for the collegial panel to distinguish right from wrong and clarify responsibilities based on the facts and evidence that have been ascertained and in accordance with laws and policies. , the stage in which a judgment is made and the outcome of the judgment is announced, thereby resolving civil disputes between the parties.

General contract dispute trial methods:

1. Trial preparation

(1) Summon the parties and notify other litigation participants to appear in court to participate in the litigation.

(2) For cases that are heard in public, the people's court shall announce the names of the parties, the cause of the case, and the time and place of the hearing three days before the hearing.

(3) Find out whether the parties and other litigation participants are present in court, and declare court discipline.

2. Court investigation

(1) Statement of the parties: First, the plaintiff orally states its claim and the facts and reasons on which it is based, and then the defendant states the facts of the case and its of different opinions.

(2) Presentation of evidence and cross-examination. After the parties’ statements, the relevant evidence of the case must be displayed in court and cross-examined by the parties.

3. Court debate

Court debate is when the parties and their attorneys state their views and opinions under the auspices of the collegial panel based on the facts and evidence found during the court investigation stage. , litigation activities in which each other verbally defends itself.

4. Case evaluation and pronouncement of judgment

This is the final stage of the trial. It is for the collegial panel to distinguish right from wrong and clarify responsibilities based on the facts and evidence that have been ascertained and in accordance with laws and policies. , the stage in which a judgment is made and the outcome of the judgment is announced, thereby resolving civil disputes between the parties.

To sum up, private loan lawsuits are easy to fight if the facts are clear and the evidence is conclusive. The lender shall provide IOUs, receipts, IOUs and other evidence of creditor's rights and other evidence that can prove the existence of the legal relationship between the loan and the lender. Cases tried by the People's Court applying ordinary procedures shall be concluded within six months from the date of filing the case. If there are special circumstances that require an extension, it can be extended for six months with the approval of the president of this court; if an extension is still needed, it must be submitted to the superior people's court for approval.

Legal basis:

"Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases"

Article 2

When a lender files a private loan lawsuit in the People's Court, it must provide IOUs, receipts, IOUs and other evidence of creditor's rights and other evidence that can prove the existence of the legal relationship between the loan and the lender.

If the creditor's rights certificates such as IOUs, receipts, and IOUs held by the parties do not indicate the creditor, and the party holding the creditor's rights certificates files a private loan lawsuit, the People's Court shall accept it. The defendant raised a fact-based defense against the plaintiff's creditor qualifications. After review, the People's Court held that the plaintiff did not have creditor qualifications and ruled to dismiss the lawsuit.