Chairman Mao said that "after the political line is determined, cadres are the decisive factor", and the same is true for overturning unjust, false and wrong cases; after the strategic issue of overturning cases is determined, cadres are also the decisive factor; cadres here refer to who will do the specific work of overturning cases; to tell the truth, the main thing is the choice of lawyers, and lawyers should be cadres in the work of overturning cases; then, the selection of lawyers should be determined in the order of responsibility, professionalism, experience points, price, and other factors.
After determining the selection of cadres, it is time to start the work of formulating specific tactics for the plan, and the specific tactics should be formulated and implemented after discussing with the lawyers.
Including the choice of path, retrial application, protest application, accusation of bending the law for personal gain, reporting and complaining about various procedural violations, petition channels to reflect problems, media public opinion supervision, etc., how to use various legal means and channels? The general principle is to find the channel that is most likely to succeed and achieve the fastest results first, the previous means and channels to lay the foundation for the subsequent means and channels to ambush, and can not reverse the road to the end, such as without any real evidence, as soon as you accuse yourself of bending the law, it is easy to cut the road off, which also has to assess their own risks, especially illegal means, resolutely do not use, can not fail to do things, He also plunged himself into a new case.
The application for retrial or protest needs to meet the statutory grounds, the main reasons include the existence of new evidence sufficient to overturn the original judgment; The facts determined in the original judgment lack evidence to prove, the main evidence for determining the facts is forged, etc., Lawyer Chen, I will not list them all, the main thing is evidence, major problems in the two aspects of procedure, the crimes committed by the adjudicators and the application of the law are indeed wrong, this situation is relatively rare or not easy to prove. Therefore, if you want to file a protest or retrial, you must make a choice in more than a dozen statutory situations, mainly focusing on the issue of evidence and procedural issues, and see where to start? You absolutely can't spread it blindly, say everything, write everything, sue everything, there is no point, make people look like you are vexatious, and you can't do any of them? According to military principles, we must concentrate superior forces to fight a war of annihilation, if we can really come up with a new evidence, really grasp the evidence of a major procedural violation, are to promote the retrial of the protest, a very powerful weapon, of course, this specific method of warfare also needs to be communicated in detail between the parties and the lawyer, in accordance with the principle of the most likely success, the least resource investment, one by one in order.
Accusing the adjudicator of bending the law and quickly bending the law, or reporting and complaining about violations of rules and disciplines, is also a common method of overturning the case, once the case is filed, the success rate of overturning the case is very high, it should be noted here that the parties are often victims with a serious mentality, grass and trees are soldiers, when accusing, infinitely expand the strike surface, the people who can sue, can think of all the repeated, this is very undesirable, even if these people really have problems, can not adopt this tactic, must reduce the strike surface, to engage in a united front, Wooing the majority of the blows to a very small minority, so that you can get the most sympathetic support and assistance, can occupy the moral high ground, if you see who sues who sues too many people, it will definitely make people feel that the person in question is you, not someone else. There are many channels for complaints, and there are many channels for accusations, is it to find a higher-level unit, to find a procuratorate, to find a discipline inspection commission, to find a supervision commission, or to look for whom? Of course, it should also be analyzed according to specific cases, different channels have different focuses, jurisdictions, and communication methods.
Regarding media supervision, if it can really be on the hot search, arouse social attention, attract the attention of leaders, it is indeed a good way, but now the information society wants to be on the hot search, but to achieve the expected effect is not so simple, to pay a great price, to put it bluntly, it is to rely on resources to promote, is it worth what effect will it play? Is the nature of the case itself suitable for media oversight? In fact, it is a problem, there are many counterproductive examples, there are many examples of spending money without effect, and once it is supervised by the media, it is just a dead end, and it is basically difficult to have other alternative options.
On whether to accept compromise? Do you want to accept mediation? Do you want to sign so-called compromise agreements? This is also a delicate work, which needs to be evaluated in the dynamic process of case advancement, seize the most favorable opportunity, obtain the greatest legal interests, and some opportunities are fleeting
In short, the tactical issue is also very important, we must study it carefully, use tactics flexibly according to individual cases, we must not copy and copy, and we must not succeed because of the case of Lao Wang next door? We will do it according to his method, on the tactical problems of the unjust, false and wrong case plan, Lawyer Chen originally wanted to talk about an issue, but while talking I feel that there is a lot of content, too many goods in the stomach, one issue is definitely not finished, and then we will talk about a series, talk a little more detailed, break and knead it to tell you, I hope to give you some help, follow me has more wonderful content, if you have any ideas, Gao Jian doubts can leave a message in the comment area, discuss, exchange.
About author:Beijing Lawyer Chen, LL.M., senior partner lawyer, successive special forces commander, prosecutor, investigator, discipline inspection cadre, enterprise executive, rich experience, profound education, good at difficult and major cases, a variety of legal relationships intersecting complicated case handling, keep promises, worthy of trust.