October 16,bet365 app "Xin Shiming Legal Practice Lecture Hall" The eighth lecture was held in Huagangyuan, Qingdao campus。Liu Xuexin, chief partner of Shandong Xinshiming Law Firm, gave an academic report titled "Winning in Court: Structural Analysis and Procedure Development of bet365 live online casino Planning"。This lecture is hosted by bet365 app、Professor Zhou Changjun, Dean of Law School (Weihai), presided over,bet365 app Honored Professor Guo Mingrui,Hao Yuyan, Director of Shandong Xin Shiming (Qingdao) Law Firm, serves as the negotiator,College teachers and students、More than 80 people from Jimo District political and legal cadres and some legal practitioners attended the lecture。
The beginning of the lecture,Liu Xuexin starts from the difference between the thinking of judges and lawyers,He pointed out,The judge’s thinking is the thinking of fair judgment and due process,The thinking of a lawyer bet365 live casino and sports bettingis to accept the entrustment of the client and solve the problem for him,Therefore bet365 live online casino planning is of great significance to lawyers。Subsequently,He determined from the purpose of the lawsuit、bet365 live online casino request filed、Justiciability Argument、Formulation of bet365 live online casino plan、The five aspects of bet365 live online casino procedure design introduce in detail the structural analysis and procedure development of bet365 live online casino planning。
First,In terms of determining the purpose of bet365 live online casino and filing bet365 live online casino claims,Liu Xuexin may be liquidated due to company bet365 live online casino、Listed、Fighting for control、Criminal prosecution and other multiple bet365 live online casino purposes as an example,Point out that the purpose of the lawsuit is hidden、Composite characteristics。He thinks,The purpose of bet365 live online casino is related to the legitimacy of the bet365 live online casino and the agent’s bet365 live online casino risks,Influence the parties’ evaluation of the outcome of the case,Accurately identifying the parties’ bet365 live online casino purposes helps lawyers avoid practice risks、Build customer trust。Liu Xuexin believes that bet365 live online casino claims are different from the purpose of bet365 live online casino,The starting point of the bet365 live online casino claim is the purpose of the bet365 live online casino,Contains preliminary claim、Formal bet365 live online casino claim and modified bet365 live online casino claim,And until the court debate ends,All bet365 live online casino claims can be changed,Therefore the claim is subject to continuous revision、The process of continuous improvement。
Secondly,In terms of justiciability argument,Liu Xuexin broke it down into three steps。He pointed out,Justiciability ArgumentBet365 lotto review,That is, fully understand the facts bet365 live online casino case and collect relevant evidence。He proposed,The lawyer’s task is to guide the client to prepare a list of case facts、List of evidence materials and assist the parties to find out the facts,To complete the statement bet365 live online casino facts bet365 live online casino case;Then the objective facts will be processed、Refining、Carving,Convert case facts into legal facts,To confirm the three elements of legal facts,The fact that rights exist、Facts about damaged rights、Right relief facts。The second step is legal discovery,Exhaustive legal search,Finding legal basis。He pointed out,The task of a lawyer is to move from special to general、Check the distance between the facts bet365 live online casino case and select the basis for the claim,At this time, basic specifications for request rights are required、Comprehensive testing of auxiliary specifications and defense specifications。Liu Xuexin used the example bet365 live online casino plaintiff requesting the defendant to return the house that had expired to elaborate,He pointed out,The request for the return bet365 live online casino house can be obtained from the contents bet365 live online casino lease contract and from Article 733 bet365 live online casino Civil Code、Article 235、Article 122、Finding the basis for the right of claim in Articles 985 and 1165。At the same time,He also summarized the order of retrieval of similar cases: the first order is the guiding cases issued by the Supreme People’s Court;The second order is the typical cases issued by the Supreme People’s Court and the cases in which the judgments have taken effect;The third place is this province (autonomous region)、Reference cases issued by the Higher People's Court bet365 live online casino municipality directly under the Central Government and cases in which the judgments were effective;The fourth order is the cases in which the judgments bet365 live online casino People's Court at the next higher level and this court are effective。He emphasized,What needs to be noted is,Except for guiding cases,Priority should be given to searching cases or cases in the past three years,Generally, you can no longer search after similar cases have been retrieved in the previous ranking。Justiciability argumentThe third step is to use legal reasoning,Verification of preliminary determined bet365 live online casino claims。He believes that the task of lawyers is to use legal thinking,Establish the connection between legal facts and legal norms,Verify the validity of the bet365 live online casino claim through the claim rights specifications and defense specifications。
Last,In the formulation of bet365 live online casino plans and the design of bet365 live online casino procedures,Liu Xuexin thinks,The formulation of a bet365 live online casino plan requires exhausting all methods and paths to formulate different plans,Finally choose the option with the lowest bet365 live online casino cost;The design of bet365 live online casino procedures should be based on bet365 live online casino procedures,Comprehensive consideration of the use of various bet365 live online casino methods and timing。At the same time,He used the case he handled as an example,Introducing the key role of arbitration in the bet365 live online casino process,Emphasizes that to achieve the purpose of bet365 live online casino, we must consider the coordination of bet365 live online casino and bet365 live online casino、Cooperation with other relief channels。
Talk session,Guo Mingrui spoke highly of this lecture,He believes that this lecture provides law students with good theoretical and practical guidance。Hao Yuyan starts from the difference between legal theory and lawyer practice,Shared his experience and feelings about practicing law。
Zhou Changjun expresses his heartfelt thanks to Liu Xuexin as an outstanding alumnus for his support to the Law School and his efforts in cultivating outstanding legal talents in the Law School,I think this lecture has a summary of experience、There are theoretical refinements、There are typical examples,It has a strong reference for students to engage in the legal profession in the future。
Speaker’s introduction:Liu Xuexin,Chief Partner of Shandong Xinshiming Law Firm,First-class lawyer。Concurrently serves as a director of the All-China Lawyers Association、Deputy Director of the Law Firm Construction Steering Committee,Legal Advisor to the People’s Government of Shandong Province,bet365 app master's degree cooperative tutor and other positions。Being a lawyer for more than thirty years,Has rich professional experience,Representing in civil and commercial bet365 live online casino (arbitration) cases、Criminal defense、Enterprise restructuring, especially crisis enterprise rescue、Have made achievements in preventing and resolving various legal risks。
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