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从前,囿于《民事诉讼法(试行)》的粗疏,律师代理民事申诉一直没有正常开展.如今,鉴于《民事诉讼法》的完善,律师代理民事申诉程序定会与日俱增.笔者不惴浅陋,试就律师代理民事申诉的若干问题谈谈自己的认识. 首先,当事人申诉必须符合法律规定的条件,人民法院才予以再审.律师在接受当事人委托时,应认真审查当事人申请是否符合五种情况之一.(1)有新的证据,足以推翻原判决、裁定的.新的证据是指在一审、二审中没有提出或者虽然提出但没有作为认定事实的根据,而且新的证据对于原裁判所认定的事实,
In the past, due to the outspreadness of the Code of Civil Procedure (Trial), solicitors’ representation of civil complaints has not been carried out normally. Nowadays, due to the improvement of the Code of Civil Procedures, the procedure of soliciting civil complaints by lawyers will certainly increase with each passing day. First, the parties must meet the conditions prescribed by law, the people’s court before being retrial.Representatives entrusted by the parties, the lawyer should carefully examine whether the party’s application meets one of the five conditions (1) There is new evidence enough to overthrow the original verdict and adjudication.The new evidence refers to the fact that neither the first instance nor the second instance has been raised, but has not been taken as the basis for ascertaining the facts, and that the new evidence is true of the facts found by the original verdict ,