MindMap Gallery Breakthroughs and reversals in the second trial and retrial
A summary of the litigation process and ideas on how to break through and reverse in the second trial and retrial, including the five major arts of litigation, business overview, breakthrough ideas, Evidence breakthrough, procedural breakthrough, etc.
Edited at 2024-02-12 20:10:51This article discusses the Easter eggs and homages in Zootopia 2 that you may have discovered. The main content includes: character and archetype Easter eggs, cinematic universe crossover Easter eggs, animal ecology and behavior references, symbol and metaphor Easter eggs, social satire and brand allusions, and emotional storylines and sequel foreshadowing.
[Zootopia Character Relationship Chart] The idealistic rabbit police officer Judy and the cynical fox conman Nick form a charmingly contrasting duo, rising from street hustlers to become Zootopia police officers!
This is a mind map about Deep Analysis of Character Relationships in Zootopia 2, Main content: 1、 Multi-layer network of relationships: interweaving of main lines, branch lines, and hidden interactions, 2、 Motivation for Character Behavior: Active Promoter and Hidden Intendant, 3、 Key points of interaction: logic of conflict, collaboration, and covert support, 4、 Fun Easter eggs: metaphorical details hidden in interactions.
This article discusses the Easter eggs and homages in Zootopia 2 that you may have discovered. The main content includes: character and archetype Easter eggs, cinematic universe crossover Easter eggs, animal ecology and behavior references, symbol and metaphor Easter eggs, social satire and brand allusions, and emotional storylines and sequel foreshadowing.
[Zootopia Character Relationship Chart] The idealistic rabbit police officer Judy and the cynical fox conman Nick form a charmingly contrasting duo, rising from street hustlers to become Zootopia police officers!
This is a mind map about Deep Analysis of Character Relationships in Zootopia 2, Main content: 1、 Multi-layer network of relationships: interweaving of main lines, branch lines, and hidden interactions, 2、 Motivation for Character Behavior: Active Promoter and Hidden Intendant, 3、 Key points of interaction: logic of conflict, collaboration, and covert support, 4、 Fun Easter eggs: metaphorical details hidden in interactions.
Breakthroughs and reversals in the second trial and retrial
5 Arts of Litigation
art of decision making
evidence art
clerical arts
Trial preparation
Trial Art
The Art of Persuading the Judge
Trial and aftermath
Business overview
Supervision and relief procedures
Program differences
Second instance procedure
Review the facts
review laws
Continue the review:
reviewism
Not restricted by one person, review them all again
ex post facto
No new ideas allowed
New evidence must be provided for previous claims
Attention for continued review
The combination of the first two can create new evidence, new claims,
China adopts follow-up review precautions
retrial procedure
Authoritarianism
The people's court retrials ex officio
Procuratorate launches retrial
The parties apply for retrial
quasi-litigation
Clarified the legal procedures for applying for reexamination
Clarify the court's review process for applications
Clarified the procedure for retrial to conclude the case by ruling
Clarified the period for ongoing trial and retrial review period
Legal terms
Civil complaint item 207-13
Civil Complaint 287-2
"Rules for Handling Civil Administrative Protest Cases"
"Provisions on the Standards for Filing Cases Directly Accepted by the People's Procuratorate for Investigation"
Statutory reasons for retrial
1||| New evidence overturns the original judgment and ruling
2||| The basic facts found in the original judgment lacked evidence.
3||| The original judgment ruled that the factual evidence was forged
4||| The original judgment found that the facts were mainly shocking without cross-examination.
5||| The main evidence for the trial case cannot be collected by oneself. I applied in writing to the court to investigate the mobile phone, but the court failed to investigate and collect it.
6||| The original judgment applied legal errors
7||| The trial organization is illegal and should be avoided in accordance with the law.
8||| A person without the capacity for litigation acts as a litigant without a legal representative or as a party that should participate in the litigation, but fails to participate in the litigation for reasons that cannot be attributed to him or his agent.
9||| Violating statutory provisions and depriving the parties of their right to debate
10||| Tried in absentia without subpoena
11||| The original judgment or ruling omits or exceeds the litigation claims
12||| Based on the original judgment, the legal document of the ruling is revoked or changed
13||| Judges have committed corruption, accepted bribes, engaged in malpractice for personal gain, or made wrongful decisions based on the law.
14||| The principle of voluntariness in mediation documents is illegal
15||| The content of the mediation agreement violates the law
Current status of second trial and retrial
Low conversion rate
Change of verdict in first instance
1.8% in 2020
1.68% in 2021
The second instance changed the verdict
202012.85% 4.96%
2021 12.30% 4.85%
17.5%
10% were appealed at first instance
Comprehensive second-instance correction and remand rate is 3~5%
Main trial errors
Error in fact finding
Evidence of Insufficient Capacity: Three Characteristics
authenticity
forgery
legality
Obtaining evidence illegally and through illegal means
relevance
Not directly related
Evidence procedure violation
Give evidence
cross-examination
Recognition procedure
lack of evidence
Except for the exemption of the formal order, the facts found by the court must be proved by evidence.
lack of evidence
Unable to collect evidence by oneself, the court does not cooperate with the collection in accordance with its authority
Error in applicable law
The nature of the law and the case are different
The determined civil liability violates the agreement between the parties or legal provisions
Apply invalid or ineffective legal provisions
Retrospective ability of illegal laws
Illegal legal usage rules
Using the law violates the original intention of the legislation
program error
The composition of the referee organization is illegal or the organization violates the law
Judges avoid questions
Corruption and bribery by judges, malpractice for personal gain, and perversion of law in judgments
Illegal laws have not yet been determined, which damages the person's litigation rights.
A person without litigation capacity is suing on his behalf without a legal representative
The person or agent who should participate in the litigation is unable to participate in the litigation due to reasons other than that of the person
Without summons, judgment is necessary
Procedural errors in the first and second instances applicable to retrials
Missing or exceeding the claims
Symbol of a wrongful trial
Whether it is within the judge’s discretion
The impact of a mistrial
The interests of the parties affected
Uniformity of legal application and uniformity of judgment standards
Judicial authority is damaged
1. Breakthrough ideas
broad sense
The competent court determines
The subject of litigation is determined
Litigation request confirmed
OK, the adjustment may be minor.
Collection, organization and submission of litigation evidence
Determination, organization and elaboration of causes of action
Litigation team division of labor and agency procedure arrangements
narrow sense
breaking point
Broken ideas
Comprehensive understanding of litigation documents and files
Re-evaluate litigation viewpoints, reasons, and claims
Relying on proof theory
Errors in fact-finding are mainly errors in the distribution of the burden of proof, transfer of the burden of proof, and whether the facts met the determination standards.
Proof based on proof theory and burden of proof
Relying on legal theory
Rely on legal theory to elaborate on new ideas and viewpoints to improve the ability to explain legal documents
subtopic
2. Breakthrough in evidence
Collect new evidence to break through
New evidence definition
Valuable evidence that was not recognized by the original trial was not handed over to the court, and communication with the attorney team was insufficient.
New ideas in the second trial, newly collected evidence can prove new facts and claims
New evidence supplements the original facts
Collection method
1. Reading materials: all files
2. Meeting and communication
3. View the scene
4. Send a letter
5. Third party forensics
6. Fix testimony and apply for witnesses to appear in court
7. web search
Internet search uncovers new evidence in case
8. Just preservation
9. Apply to the court for investigation and evidence collection
10. Documentary evidence ordered to be submitted by the other party
Use the other party’s evidence to break through
Comparison of the time, quantity, and objects of the other party’s evidence
Discover false evidence or justify yourself
The opposing party’s interrogation transcripts and court trial transcripts state opinions that are inconsistent with the judgment.
Breakthroughs in evidence compilation and interpretation
10 steps to organize and summarize evidence
Evidence selection
evidence organization
formal specification
Auxiliary instructions
Evidence number
Evidence page number
evidence list
Communicate with parties
evidence packing
Evidence labeling
Precautions
around the focus of controversy
The evidence of the second instance and the first instance are recombined to form an evidence list
The original trial evidence retains the original trial evidence number
Fully understand the production, cross-examination and certification of original evidence in the original trial
Analyze contradictions between judgments and evidence
3. Program breakthrough
effect
Promote remand or reexamination
Assisting the second instance in changing the verdict
breaking point
"Civil Complaints" Article 117 - Paragraph 1 - 4 Provisions
Missing important parties
"Civil Complaints" Article 207 - Items 7 to 13
major orthodox issues
Evidence collection procedure is illegal
5. Breakthrough in re-examination documents
Overview
Pay attention to written review
Xinyada--The document is concise and gets to the point.
logically correct
Clear levels
Prominent theme
Highlight referee errors and procedural errors
There is something to say
breadth depth
Correct format
rhetoric and typography
Combined with legal principles
Legislative changes, legal fairness and justice
Combined with industry characteristics
Combined with case characteristics
Characteristics of the subject, characteristics of cooperation, characteristics of target delivery, characteristics of contract agreement, characteristics of contract performance, characteristics of transaction environment, characteristics of case nature, characteristics of case impact
6. Breakthrough in the trial
Overview
Preparation is essential
mind Mapping
Trial outline
moot court
The second instance and retrial may involve interviews, inquiries, and hearings, but no court session.
Comprehensive review of materials
Court inquiries and arguments may be combined
Use the opportunity of questioning to highlight errors in the original trial
Use evidence and cross-examination to highlight errors in the original trial
Focusing on the focus of the dispute, supplement the original trial evidence
Evidence and cross-examination opinions should standardize and index the evidence to facilitate cross-examination.
Regarding important evidence: contracts, documents, and handover orders, express opinions together.
For doubts about the lack of cross-examination or insufficient cross-examination, a new cross-examination is required.
Use court arguments to highlight errors in the original trial
Be fully prepared and debate without writing
Strong pertinence, combined with summarizing the focus of disputes, and giving priority to breaking through the original trial errors
Persuasive, broad and deep
7. Team breakthrough
Team discussion
Requirements Analysis
evidence analysis
Brainstorming
risk analysis
The plan is rather cumbersome
Organize case arguments
Mainly for difficult cases
Organize industry experts to demonstrate, submit industry expert opinions, and propose industry standards
Conduct a legal search
legal search,
Case search
Paper search
Report with search summary
Operational visualization tools
Event list
Important events
timeline
flow chart
prove chronological order
lawsuit relationship
prove subject relationship
evidence list
Data statistics table
Prove data relationships, errors
8. Combining Dharma with Power and Techniques
Overview
If you handle the situation with the Dharma, it will be cured; if you handle the situation with the Dharma, the situation will be chaotic.
The great things that are mastered by humans are not law-based techniques.
subtopic
Based on law
Based on facts and the law as the criterion, prove the original trial error from the level of legal provisions
3 breakthroughs
Idea: Evidence = Determine the facts and apply the law
program error
Combination of Dharma and Power
Judicial powers and discretion
sole jurisdiction of the judge
supervise jurisdiction
social justice, fair environment
Spellbinding
Case thinking
Objective analysis and evaluation of the original judgment
Analysis of the facts found in the original trial
Assessment of applicable law in the original trial
Analysis and evaluation of legal requirements
Analysis of right of claim
litigation subject relationship
subject of litigation
Number of lawsuits
Jurisdictional relationship
Litigation Risk Analysis
Evaluation of breakthrough methods for litigation ideas
Overall case analysis and judgment
Evidence
Investigate and collect evidence
Evidence and cross-examination skills
Methods and techniques for collating and interpreting evidence
Methods and techniques for determining case facts based on evidence
Summary, overview and summary of case facts
Documentation
Xin Yada. Center, logic, simplicity
Court hearing
Trial preparation
Trial Statement
Trial investigation
court argument
court etiquette
Court image
Team aspect
Process management, tools in place
Team assistance and clear division of labor