How to write the focus of the case analysis dispute? In life, I believe that many friends have written or understood the focus of the case, summed up the focus of the dispute, and reasoned and demonstrated the adoption of evidence one by one. Below, I sorted out how to write the focus of the case analysis dispute.

How to write the focus of the case analysis 1 the focus of the dispute is put forward.

Article 226 of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC) (2020) clearly stipulates that the focus of the dispute should be summarized during the trial: "The people's court shall,

Summarize the focus of disputes, and solicit opinions from the parties on the summarized focus of disputes. "So what is the focus of controversy? How to summarize the controversial focus of the case? This will be the top priority in the trial of the case.

The focus of the dispute is the starting point of people's dispute. At the beginning of the prosecution, there was a simple dispute between people. Once the dispute enters the litigation procedure, it will be transformed into a specific litigation request, which is the object of requesting the court's judgment under the existing legal framework.

After the case entered the proceedings, it seemed that the two sides were leading troops to fight, with the plaintiff as the attacking party and the defendant as the defending party. It is impossible for both sides to attack and defend at will, and all cases are tried by the court, which is not only unrealistic, but also a great waste of judicial resources.

At this time, it is necessary to clarify the dispute points between the two parties, that is, the court will determine the "subject matter" of the dispute by combining the litigation requests, defense opinions, basic facts and evidence of both parties, and solve the dispute of the case quickly through the trial of the dispute focus. Therefore, the focus of controversy is precisely the core of the problem.

Find the focus of the case from the matters that need to be completed when the judge decides the case.

To complete a trial, the judge must complete the following work, which is the only process for the judge. As a lawyer, you should also analyze the case, predict the focus of the case in advance, clarify and find the focus of the case, and make targeted pre-trial preparations for the focus of the dispute from the following processes:

1. Basic analysis of claim right;

In view of the plaintiff's claim, the court must make clear what the plaintiff's claim is, the specific legal basis, factual basis and so on.

2. Analysis of legal elements:

After defining the specific basis of the right of claim, the court needs to determine the constitutive requirements of legal norms according to the legal norms pointed by the right of claim;

3. Determine the facts of the case:

After determining the constitutive requirements of the case, according to the defense between the plaintiff and the defendant, the undisputed facts are determined; The facts disputed by both parties, if they are part of the constitutive requirements, have an important impact on the rights and obligations of both parties and may be the focus of the case dispute;

4, review the evidence involved, make a judgment and other related work:

All the starting points and starting points of the above work are the focus of disputes between the two sides. Without the focus of controversy, the lawsuit will not be established.

Without hearing the focus of the dispute, the litigation process is not targeted and can only be spread out like a pie. Through the understanding of the above work, the court will generally find the controversial focus of the case in this process. Therefore, as an attorney, we should also refer to the basic analysis methods and legal analysis methods of the above claims, and judge the focus of the case by combing the evidence of the case.

The composition of the focus of controversy

As a lawyer, if we can accurately analyze and predict the focus of disputes, on the one hand, we can well grasp the trial rhythm of judges in the trial process, on the other hand, we can make pre-trial preparations and evidence lists in advance for the focus of disputes.

You can better understand the risk of your own case, avoid litigation risk, prevent litigation sneak attack and surprise trial, and be targeted in the trial process. In the author's legal practice, the focus of disputes in the litigation process is as follows:

1, the dispute of litigation object:

According to the traditional litigation theory, that is, there is a dispute between the two parties, and the legal relationship needs to be decided by the court. Because there may be concurrence of legal relationships, the choice of different legal relationships and different litigants may be involved at the beginning of the prosecution, and their legal application, burden of proof, fact finding and even litigation claims will be very different.

2. Disputes over the application of case law The most common application of case law is the interpretation of contract content, legislative purpose, accurate application and interpretation of law, etc.

3. Disputes over the facts of the case The facts of the case are the most controversial, but not all the facts are the facts of the case. The so-called case/necessary fact must be a fact that has an important impact on the rights and obligations of both parties and has an interest in the outcome of the case.

In general, the focus of analyzing the facts of a case is to find the corresponding legal norms, clarify the legal elements of the right of claim, find the corresponding factual elements, and determine the focus of factual disputes between the two parties.

4. Dispute of case evidence The focus of case evidence dispute, such as the distribution of burden of proof, the legitimacy of evidence, the authentication and probative force of evidence, is the common focus of evidence dispute. Especially after the implementation of the new evidence regulations, lawyers should improve their ability of comprehensive analysis and application of evidence, so as to raise their own evidence ability to a higher level.

Case study 2 How to write the focus of controversy? First, don't summarize the focus of the dispute.

Throughout the trial, there was no summary of the controversial focus of the case. Some judges are not responsible for their work, and there is no necessary pre-trial preparation before the trial, and they don't know how to summarize it during the trial. Or feel that the case is complicated, but also afraid that the focus of the dispute is inaccurate, causing dissatisfaction among the parties, so we adopt the old method and simply do not summarize the focus of the dispute.

Second, the focus of the dispute is too simple.

Confuse the relationship between the litigation request and the focus of the dispute, and simply summarize the litigation request of the parties as the focus of the dispute. For example, when the parties have only one litigation request but there are multiple focus of the dispute at the same time, they do not grasp the content of the dispute between the two parties for detailed and accurate summary, and simply summarize the litigation request of the parties as the focus of the dispute; Or when a case has multiple controversial points, only a part of them will be summarized and the controversial points will be omitted.

Third, when the parties raise objections to focus induction, they fail to supplement or modify it well.

When the parties disagree with the focus of the dispute summarized by the court, some judges do not take it seriously, or when the reasons put forward by the parties are irrelevant to the case, they do not make necessary explanations.

How to write the focus of controversy in case analysis? First, improve the quality of pre-trial marking.

The judge's views on the focus of disputes between the parties are gradually formed, including pre-trial marking, pre-trial meetings, court investigation, document writing and so on. Therefore, the judge should carefully review the litigation materials in the pre-trial preparation stage and pass the marking;

It is very important to know the demands, main reasons, main facts and main contradictions of the parties. Don't wait until the trial investigation stage to summarize the focus of the dispute according to the opinions of the parties, which is very important to grasp the focus of the dispute.

Second, before the trial, we should make necessary preparations for the substantive legal norms of the parties' defense.

The judge should not only consult the substantive legal norms supporting the plaintiff's claim, but also consult the substantive legal norms on which the defendant's defense claim is based. This is actually a process of "finding the law" between the original and the defendant.

The third is to fix the plaintiff's claim in the court trial stage and clarify the defendant's defense claim.

Inducing the focus of disputes should be based on one principle, and the next trial idea can be seen from the determined focus of disputes, which is convenient for the next court investigation. The focus of the dispute is often on the basis of clarifying the defense opinions of the original defendant and through full confrontation between the two sides.

Therefore, in order to accurately define the focus of the dispute, it is necessary to clarify the inherent logical relationship between the facts and reasons of the original defendants' respective demands and propositions, and comprehensively analyze the original defense opinions.

The fourth is the accurate application of the law in the process of judging.

When drafting a judgment document, a judge should analyze the substantive legal norms supporting the plaintiff's claim and the defendant's defense, and find out the constituent elements of the legal provisions. There must be some legal relationship between the parties in civil cases, such as tort relationship, contract relationship, unjust enrichment relationship and so on. Combining the characteristics of various legal relationships, we can accurately grasp the rights and obligations of the parties.

On this basis, the substantive legal norms and related elements are accurately applied, and then the focus of the dispute is summarized according to the factual reasons of the plaintiff's prosecution and the defendant's defense. Only in this way can the focus of the dispute be truly comprehensive, accurate, objective and legal.