How do you determine whether you win or lose a lawsuit?

** The winner or loser of the post-litigation shall be determined by the judge in accordance with the relevant regulations.

The outcome of the trial cannot be told to the parties before the judgment is made, so under normal circumstances, no one will tell the verdict until it is delivered to the parties.

The judge receives a case to the middle of the trial is to go through a period of time, during this time the judge will sort out the case by looking at the case file information, according to the evidence provided by both parties and the situation to make a preliminary judgment on the case, in the first time the judge has basically formed his own acceptance of the case, just to figure out their own doubts and straighten out their own ideas, the court, the judge, as the leader of the trial, must remain neutral at the time, It is a necessary procedure for the judge to summarize the focus of the dispute, because the debate is based on the focus of the dispute in the court debate stage, and the judge's point of view will be clearer at this time.

Civil Procedure Law of the People's Republic of China

Article 164:Where parties are dissatisfied with the first-instance judgment of a local people's court, they have the right to appeal to the people's court at the level above within 15 days of the judgment being served.

Where a party is dissatisfied with a local people's court's first-instance ruling, it has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served. Article 152:The judgment shall clearly state the outcome of the judgment and the reasons for making the judgment. The judgment reads:

1) The cause of action, litigation claims, and facts and reasons for the dispute;

2) The facts and reasons ascertained in the judgment, and the applicable laws and reasons;

3) the burden of judgment results and litigation costs;

d) the period of appeal and the court of appeal.

The judgment is to be signed by the adjudicators and clerks, and the people's court's seal is to be affixed. Article 133:People's courts are to handle cases they accept in different circumstances:

1) Where the parties have no dispute and meet the requirements of the supervision procedures, they may be transferred to the supervision procedures;

2) If mediation can be made before, mediation shall be adopted to resolve the dispute in a timely manner;

3) Determine the application of the simplified procedures or ordinary procedures on the basis of the circumstances of the case;

4) Where it is necessary to conduct a trial, clarify the focus of the dispute by requiring the parties to exchange evidence.

If the prosecution fails, the consequences of this situation are not much, but the main thing is to include the litigation costs, which may need to be borne by yourself, and the consequences that need to be borne by different cases are definitely different. In a lawsuit, there is always the losing party. Therefore, if the lawsuit fails, although the plaintiff cannot get the claim made at the time of the lawsuit, he does not need to bear any legal responsibility.

The consequences of losing a lawsuit with the developer are: your own demands cannot be met, and you need to bear the costs of prosecution in accordance with the law. During the appeal period, the parties may file an appeal, and if they are not satisfied with the effective judgment or ruling in the second-instance final trial, they may appeal.

Losing the lawsuit has little personal impact. However, failure to perform obligations will face the court's allocation or key enforcement, which will have a certain impact on the bidding and so on. Civil legal relationship, even if you lose the lawsuit, it will have no impact on the future, and there will always be winners and losers in a lawsuit, and losing means that the court does not support your claim, and it has nothing to do with anything else.

In civil litigation, there is a possibility that a party may need to go to jail if there are circumstances prescribed by law.

Legal basis

Measures for Payment of Litigation Costs

Article 29: Litigation costs are to be borne by the losing party, except where the winning party voluntarily bears them. Where the case is partially won and the case is partially lost, the people's court is to decide the amount of litigation costs to be borne by each party on the basis of the specific circumstances of the case. Where the parties to the joint litigation lose the lawsuit, the people's court shall decide on the amount of litigation costs to be borne by each party on the basis of their interest in the subject matter of the litigation.

The shirt sells smartly. Article 30: Where the second-instance trial court changes a judgment or ruling made by the first-instance trial court, it shall accordingly change the first-instance trial court's decision on the burden of litigation costs.

Article 31: In cases where an agreement is reached through mediation by the people's courts, the burden of litigation costs is to be resolved through negotiation between the parties; Where negotiation fails, the people's court shall make a decision.

Legal Analysis: No criminal cases, no jail time. There is no question of imprisonment in civil lawsuits, and they should be handled in accordance with the principles of resolving civil disputes.

Legal basis: Article 3 of the Civil Procedure Law of the People's Republic of China: The provisions of this Law apply to people's courts accepting civil lawsuits brought by citizens, legal persons, and other organizations, as well as between them on the basis of property and personal relationships.

Judging the success or loss of one's lawsuit can be carried out from the three sides of evidence, lawyer, and judge: 60 percent of the evidence, 20 percent of the lawyer, and 20 percent of the judge, the simpler the case, the greater the proportion of evidence, the specific judgment is as follows:

1. Evidence: whether it is indeed sufficient, whether it can prove the viewpoint, whether there are originals, whether the chain of evidence has been formed, whether the other party has evidence of rebuttal, the legitimacy of the evidence, whether there are loopholes in the evidence, etc.;

2. Lawyer: Judge from the type of case you are good at, your legal skills and literacy, whether you are serious and responsible, public relations and interpersonal skills;

3. Judges: Judging from the type of case undertaken, professional level and practice experience, professionalism and moral standards, public relations and interpersonal skills, and understanding of the application of law.

Judging the success or loss of one's lawsuit can be carried out from three aspects: evidence, lawyer, and judge: 60% of the evidence, 20% of the lawyer, and 20% of the lawyer, the simpler the case, the larger the proportion of evidence, the specific judgment is as follows:

1. Evidence: whether it is indeed sufficient, whether it can prove the viewpoint, whether there are originals, whether the chain of evidence has been formed, whether the other party has evidence of rebuttal, the legitimacy of the evidence, whether there are loopholes in the evidence, etc.;

2. **Lawyer: judged from the type of case he is good at, his legal skills and literacy, whether he is serious and responsible, public relations and interpersonal skills;

3. Judges: Judging from the type of case undertaken, professional level and practice experience, professionalism and moral standards, public relations and interpersonal skills, and understanding of the application of law.

How to determine whether a lawsuit is won or lost

Judging the victory or loss of one's lawsuit can be carried out from three aspects: evidence, lawyers, and judges

The simpler the case, the greater the proportion of evidence.

1. Evidence: whether it is indeed sufficient, whether it can prove the point of view, whether there are originals, whether the evidence chain is completed, whether the other party has evidence of rebuttal, the legitimacy of the evidence, and whether there are loopholes in the evidence.

2. **Lawyer: good at case type, legal skills and literacy, whether it is serious and responsible, public relations and interpersonal skills.

3. Judges: the type of case undertaken, professional level and practice experience, professionalism and moral standards, public relations and interpersonal skills, and understanding of the application of law.

There are many factors that affect the outcome of the case (including whether the subject is qualified, whether the litigation claim is correct, whether the jurisdiction is correct, whether the statute of limitations is outdated, etc.), and all factors are intertwined and affected by each other, and the above is for the parties to make a simple analysis and judgment. For major, difficult, and complex cases, it is best to brainstorm and seek more lawyers for consultation.

In addition, the "Lawyers Law" clearly stipulates that no promise shall be made to win the case, if your ** lawyer promises to win the case, it is not only a violation of the professional ethics of the lawyer, but also irresponsible to the client.

After winning the lawsuit, if the other party fails to perform the court judgment within the performance period, it can apply to the court for enforcement.

Article 247 of the Civil Procedure Law stipulates that after the property is sealed or seized, the executor shall order the person subject to enforcement to perform the obligations specified in the legal document within a specified period. Where the person subject to enforcement fails to perform within the time limit, the people's court shall auction the property that has been sealed or seized; Where the auction is not appropriate or both parties agree not to conduct the auction, the people's court may entrust the relevant unit to sell it or sell it on its own.

The state prohibits the free sale of goods, handed over to the relevant units in accordance with the provisions of the state for purchase.

The above is the relevant legal knowledge brought to you. Before going to court, you should be able to find a lawyer to understand the chances of winning the lawsuit, of course, some people have been wronged when they are in the letter, even if they have little chance of winning the lawsuit, they can actively defend their rights. If you don't know what to do when it comes to deciding whether to win or lose a lawsuit, and you need to do it yourself, you can ask a lawyer if you want to know more.