One chapter general rules

Article 1 These Guidelines are formulated in accordance with the provisions of the Civil Procedure Law of the People's Republic of China and the Lawyers Law of the People's Republic of China in order to ensure that lawyers perform their duties according to law and regulate lawyers' practice in divorce cases。

Article 2 Lawyers acting in divorce cases within the territory of the People's Republic of China shall follow these Guidelines。

Lawyers representing divorce cases shall adhere to the principle of taking facts as the basis and law as the criterion, be diligent and responsible, abide by the professional ethics and practice discipline of lawyers, and maintain the correct implementation of the law。

Article 4 Lawyers acting in divorce cases shall, according to the entrustment of the parties, perform their duties as agents according to law within the scope of the entrustment and shall not harm the legitimate rights and interests of the clients。

Lawyers acting in divorce cases should keep the personal privacy and other secrets of the parties。

Article 6 Lawyers shall not accept the representation of both parties to a divorce at the same time, and shall not provide legal advice to the other party after providing legal advice to one party。

Lawyers acting in marriage cases should pay attention to the impact of psychological and emotional changes of both parties on the case, and pay attention to the appropriate psychological guidance to cooperate with the law to handle the case。

Article 8 Lawyers acting in marriage cases shall pay attention to the relationship between the agent and the client, maintain an appropriate distance from the client, and shall not have emotional entanglements with the client during the case handling。

Chapter 2 Lawyers provide divorce legal advice

A section on preparation before a customer visit

Before the parties visit, the lawyer shall inform the visiting route, parking location and other visiting information。

When the client makes an appointment, the lawyer or assistant should first understand the client's case, for inheritance, change of custody or cases involving divorce agreements, the lawyer should inform the client to bring a will, divorce agreement or corresponding legal documents。

Article 11 In case of reception in a law firm, the reception consultation shall be conducted in a clean and quiet conference room。The reception room should be placed clean and fragrant napkins, so that the parties can use them when they are excited。

Article 12 Receiving lawyers shall dress in a standard, generous and appropriate manner。

Article 13 When a lawyer receives an interview and consultation, the reception desk shall be arranged in advance to welcome the client。

After the parties enter the conference room, the lawyer can wait for a few minutes to talk, so that the client can adapt to the environment and understand the law firm。

Article 15 After entering the conference room, lawyers should introduce themselves first and may hand over business cards so that clients can contact them later。

Article 16 If consulting fees are charged, the lawyer shall inform the basis and standard of fees before the client visits。

Article 17 Before receiving consultation, the lawyer shall first confirm the consultation fee with the client。

Article 18 Marriage cases involve extreme personal privacy, and attention should be paid to the emotions of the parties when deciding whether to bring an assistant or an intern lawyer to receive them together。

Section 2 Contents that lawyers need to know about receiving consultation

Article 19 When a lawyer receives a consultation, he may first listen to the client's account of his marital history, the raising of children and the post-nuptial property。

Article 20 Lawyers listening to a client's statement may include the following aspects:

1. Divorce cases

1) Basic aspects of marriage。

2) Child support。

3) Husband and wife affection。

4) Property division。

5) Current attitudes and expectations about marriage。

2. Succession cases

1) The composition of the family members of the parties。

2) The situation of making a will。

3) The disposition of the estate after the commencement of inheritance。

3. Change of custody of children after divorce

1) The agreement or judgment on child custody in the original divorce agreement or judgment。

2) The current situation of children's life and education and their current attitude。

3) State of the available evidence。

Article 21 The basic aspects of marriage in a divorce case refer to the process by which the parties meet and fall in love and the time and place at which the marriage relationship is concluded。

Child rearing refers to the time of the party to give birth to the child, the process of raising the child, the current situation of the child, whether they know the emotional state of the parents, and the opinions of the children over the age of ten on the parents after the divorce。

The feelings of husband and wife refers to the process of changes in feelings of both parties after marriage and specific cases, the current marital life status of both parties, and whether they are separated。

Article 22 The composition of family members in succession cases generally includes the candidates for first and second order heirs, whether there are other right holders other than legal heirs, such as legatees, dependants of legacy maintenance agreements, fetuses with inheritance rights, and whether there are cases of succession and subrogation。

The will situation means that the lawyer should be clear about whether the form of the will is legal and valid, whether the decedent has made multiple wills before and after, whether there is a notary will, whether the witnesses are suitable for the will that requires the presence of witnesses, and whether the will is for the heir who has difficulties in life and no financial sources to reserve the necessary share。

The disposition of the estate after the commencement of inheritance refers to whether the inheritor has renounced inheritance and the situation of loss of inheritance。

Article 23 In the case of child custody change, understand the agreement or judgment of the original divorce agreement or judgment on child custody, and require lawyers to have a full understanding of the causes of the current situation of child custody。

The current situation of the child and the current attitude of the child means that the lawyer should be clear about what is the reason for one party to file a lawsuit for a change of custody, and whether there is indeed a situation that the other party will seriously harm the healthy growth of the child。

The existing evidence situation requires lawyers to figure out whether the current evidence is sufficient in combination with the reasons for the change of the parties, so as to give reasonable suggestions to the parties and formulate scientific litigation strategies。

Twenty-four property aspects, lawyers can be divided into the following 10 parts:

1. Real estate situation。

2. Deposit situation。

3. Stock situation。

4. Furniture and electrical appliances。

5, precious metals, articles。

6. Vehicle ownership。

7. Company and enterprise equity ownership。

8. Other common property ownership。

9. Pre-marital property ownership of both parties。

10. There is no property agreement between the two parties。

25 Lawyers to understand the real estate situation, you can understand from the following 10 aspects:

1, the time and place of the purchase, the state of the property purchased, that is, the existing house or the future house。

2, the nature of real estate, such as commercial housing, after-sales public housing, affordable housing and so on。

3. The contract price at the time of real estate purchase。

4. Source of purchase payment。

5, if there is a loan to buy a house, you can understand the down payment, the amount of the loan, the main lender, and the principal of the current loan balance。

6. Property owner information recorded in the property ownership certificate。

7. There is no other mortgage on the property。

8. The actual occupants of the house at present。

9. Account information in the property。

10. Other real estate related information。

26 Lawyers can understand the deposit situation from the following aspects:

1. Whether the two parties have deposits under their names and whether they know each other;

2, whether the other party's deposit, withdrawal slip or know the other party's bank, account, etc.;

3. Approximate amount of deposit。

Twenty-seven lawyers who know the stock situation can know:

1. Securities companies that open stock accounts under the names of both parties。

2. Stock fund account number and shareholder code。

3. Approximate market value in the current stock market。

4, whether to open an account in my own name。

28 In the reception consultation stage, the lawyer may not have to ask the furniture and electrical appliances, just understand the approximate market value of the furniture and electrical appliances, unless there are particularly valuable related properties。

Twenty-nine lawyers can understand the parties holding precious metals, funds, valuable antique calligraphy and painting and other movable property of greater value。

Thirty lawyers can know the car ownership of both parties, including the following information:

1. Car type;

2. License number;

3, purchase time, loan and repayment situation, purchase value;

4, the current vehicle registration owner and the actual user;

5. Current vehicle market value。

Article 31 When a lawyer learns about the stock rights of a company or enterprise, he may know:

1. Name of the company or enterprise。

2. Time, place of registration and registered capital of the company and enterprise。

3. Number of shareholders and shareholding ratio of the company and enterprise。

4. Whether there is any change in the share capital after the registration of the company or the enterprise。

5. The financial situation of the company and the enterprise, and the owner's equity in the accounting statements at the end of the previous year。

6. The attitude of the parties to the company and the enterprise。

7. Information about other companies and enterprises。

Article 32 If the parties have other common property, lawyers should make careful inquiries。

Article 33 After the parties have briefly stated the above, the lawyer may ask whether the parties have formally discussed the issue of divorce, and the parties' views on divorce, including their initial ideas and plans for child support and property division。

Three lawyers reply to consultation

Article 34 After listening to the client's introduction of the specific circumstances of his marriage, children and property, the lawyer shall give advice。

Article 35 In addition to the questions directly consulted by the parties, the parties may also be consulted from the following three aspects:

1. Based on the information informed by the parties, judge the legal consequences of the case for them。

2. From the perspective of actual operation, what may be the differences between the legal theoretical consequences and the results in actual operation, what may be the problems in actual operation, how to solve these problems, and what attitude and psychological preparation should be reported by the parties。

3. After the consultation, how do the parties achieve the purpose to solve the problem, what preparations do the parties need to make, what stages do the parties need to go through, what time and economic costs are required。

Article 36 A lawyer's reply to a client's consultation shall not merely be a reply to the client's consultation questions as a sign of completion。When receiving a client's consultation, a lawyer should analyze the purpose of the client's consultation, what problems to solve, and formulate solutions and specific plans for the client if necessary。

37 Lawyers reply to the divorce consultation, should inform the parties that "whether the feelings between husband and wife have really broken down" is the basic principle of whether the court adjudicated divorce。

Article 38 When receiving consultation, lawyers should be good at grasping and controlling the whole idea of consultation and controlling the consultation time, and lawyers should play a major role in the consultation。

Article 39 When receiving consultation, lawyers shall not easily give guarantees to the parties, or lose the trust of the parties through improper means。

Article 40 Lawyers shall not act too casually when receiving consultation。

Forty-one lawyers reception consultation, generally should be recorded, the production of lawyers reception consultation record Form in order to provide follow-up legal services for the client to maintain a clear understanding of the case, as well as law firm archives and client inquiries。

Article 42 After soliciting the consent of the parties, lawyers may leave the contact information of the parties in order to contact them again。

Article 43 When receiving consultation, lawyers should not answer telephone calls unrelated to consultation。If there is an emergency call or other matters to deal with, should seek the views of the parties and apologize。

Article 44 During the talks, the lawyer shall pay attention to maintaining a good atmosphere for the talks, and the lawyer shall pay attention to the control of noise outside the meeting。

Four sections of work after consultation

Article 45 If consulting fees, after the consultation, the lawyer shall inform the client of the consulting fees to be charged, and arrange financial personnel to collect and issue consulting invoices。

Article 46 After the reception, lawyers should pay attention to sorting out consultation records and keep the contact information of the parties。

Article 47 Consultation records shall be kept confidential and shall not be disclosed without the approval of the law firm and the consent of the parties concerned。

Article 48 A lawyer may analyze and sort out a case after consultation, and may make a Lawyer's Advice for Consultation and provide it to the parties for their reference。

Chapter three: Case acceptance, charging and closing

One section accepts the case

Article 49 The acceptance of a case means that a law firm accepts the entrustment of a natural person and appoints a lawyer to act as the agent of a party in a divorce case。

Article 50 When receiving a case, the client shall accept the entrustment in the name of the law firm, and the law firm shall appoint or at the request of the client 1-2 lawyers as agents AD litem。A lawyer may not accept a commission without permission。

Article 51 In accepting the entrustment of a divorce party, a lawyer shall meet the following conditions:

1. There is no evidence that the client does not have full capacity for civil conduct;

2, the client has produced the legal documents to conclude the marriage relationship, or there is a de facto marriage relationship。

Article 52 Under any of the following circumstances, the client that the lawyer should inform generally cannot initiate divorce proceedings in the court within a specific time:

1. Your spouse is pregnant。

2. Less than one year after the birth of the spouse。

3. The spouse has terminated the pregnancy for less than six months。

The lawyer shall inform the client at the same time, except if the wife files for divorce, or if the people's court deems it necessary to accept the husband's request for divorce。

Article 53 During the period during which the parties are prohibited by law from instituting divorce proceedings, lawyers may provide the parties with legal consulting services for divorce mediation。

Article 54 The following circumstances exist in a party's case, the lawyer may tell the party, in the case of ineffective mediation, in accordance with the provisions of Article 32 of the Marriage Law, the court shall decide to divorce:

(1) Bigamy or cohabitation of a spouse;

(2) Committing domestic violence or maltreating or abandoning family members;

3, gambling, drug abuse and other bad habits repeatedly taught;

4. Separated for two years due to lack of affection;

5. Other situations that lead to the breakdown of the relationship between husband and wife。

Lawyers may also inform the parties according to the specific circumstances, where one party is declared missing and the other party files for divorce, the court shall generally grant divorce。

Article 55 A law firm may not accept entrustment under any of the following circumstances:

1. Has accepted the entrustment of the other party in the same case;

2, in violation of the Rules for Avoiding Conflict of Interest in the Practice of lawyers, can not accept other circumstances。

Article 56 When accepting entrustment, a law firm shall examine the relevant materials that prove the subject of the parties, such as identity cards and marriage certificates。

Article 57 Lawyers acting in a divorce case may make a record of the case to the parties in order to determine the process of the parties' conclusion of marriage, the circumstances of the birth of children, the purchase and possession of common property, the parties' attitude towards divorce, etc。

Article 58 A lawyer acting in a divorce case may allow the client to fill in the "Party Basic Information Registration Form", which is used to understand the basic communications of both parties, legal documents delivery address, contact telephone, email, MSN and other basic information。

Article 59 The entrustment procedures for lawyers acting in divorce cases shall include the following:

1, the law firm and the client sign the agency contract, in triplicate, one copy to the client, one copy to the contractor's copy, and one copy to the stock exchange。

2, by the parties to sign the power of attorney, in triplicate, one copy to the court, one copy to the contractor archives, one copy to the client。

3. At the same time, the law firm issues an official letter and submits it to the court accepting the case。

Article 60 After receiving the case, if it is found that the client has appointed another agent, he shall exchange views with the agent。If the opinions are basically in agreement, they may be jointly represented;If they do not agree, they may explain the situation to the principal, and the principal may choose any agent, or two agents may accept the entrustment on different matters and accept different agency powers respectively。

Article 61 A law firm shall have the right to decide whether to accept entrustment。

Article 62 After accepting the entrustment, a law firm shall not refuse to be represented again without justifiable reasons。

Article 63 After the law firm has accepted the entrument, if the undertaking lawyer fails to perform the agency obligations or is unable to perform the agency obligations due to special circumstances, the law firm shall, after obtaining the consent of the client, adjust the undertaking lawyer in a timely manner, or negotiate the termination of the contract。

Article 64 Lawyers acting in divorce cases, under normal circumstances can only accept the general authorization of the client。

Article 65 In the event that the client is unable to attend court in person due to the fact that it is inconvenient for the client to return to China to answer the suit abroad, or that the client is about to leave the country in the course of the proceedings, or for other special reasons, the client may act as a special authorized agent for the lawyer and prepare a special power of attorney。

As for the specific handling method of special authorized agency, lawyers should also contact the case judge in a timely manner and handle the relevant procedures according to the requirements of the court where the case is located。

Article 66 Where a lawyer is a special authorized agent, the power of entrustment shall be specified in the power of attorney, including but not limited to acting on behalf of a prosecution, responding to a lawsuit, acknowledging, waiving, changing a lawsuit claim, conciliation, mediation, signing and receiving legal documents, appeal, etc。

Article 67 If a lawyer does not have the authority to appeal in the power of attorney, in the appeal filed against the ruling of the jurisdiction objection, and in the appeal filed against the judgment or ruling of the first instance, he shall promptly handle the agency authority of the appeal and then represent the appeal procedure。

Article 68 If the lawyer's representation period is limited to the first instance, it should be noted that the power of attorney needs to be signed separately in the second instance。

Article 69 In accepting divorce cases entrusted by overseas Chinese citizens or foreigners, lawyers shall do a good job in notarizing and certifying relevant legal documents such as power of attorney, divorce opinion, and identity materials of the client。

Seventy lawyers who accept the entrusts of overseas Chinese citizens to act as plaintiffs' agents in divorce proceedings shall submit the following legal documents to the court:

1. Copy of the client's ID card;

2. Copy of the client's passport and visa;

3. Special power of attorney signed by the client and certified by the Chinese Embassy in the host country;

4. Statement of complaint signed by the client and certified by the Chinese Embassy in the host country;

5. Marriage certificate。

If the court of the place where the case is accepted requires the identification card and passport certification of the client, the lawyer shall submit it after handling the procedure。

Article 71 When a lawyer is entrusted by an overseas Chinese citizen to act as the defendant's agent in divorce proceedings, the legal documents to be submitted to the court are as follows:

1. Copy of the client's ID card;

2. Copy of the client's passport and visa;

3. Special power of attorney signed by the client and certified by the Chinese Embassy in the host country;

4. Divorce opinion signed by the client and certified by the Chinese Embassy in the host country;

If the court of the place where the case is accepted requires the identification card and passport certification of the client, the lawyer shall submit it after handling the procedure。

Article 72 When a lawyer is entrusted by a foreign national to act as the plaintiff's agent in litigation, the legal documents to be submitted to the court are as follows:

1. Notarized and certified client's passport;

2. Notarized and certified special power of attorney signed by the client。If the power of attorney is in foreign language, the translation shall be obtained from the translation agency designated by the people's court in the place where the case is located;

3. Chinese version of civil complaint signed by the client, notarized and certified;

4. Marriage certificate。

Article 73 When a lawyer is entrusted by a foreign national to act as the defendant's agent in litigation, the legal documents to be submitted to the court are as follows:

1, notarized, certified client's passport or other identification;

3. Special power of attorney signed by the client, notarized and certified;

4, the client signed, notarized, certified divorce opinion;

Article 74 When a lawyer is entrusted by a Hong Kong person to act as a plaintiff's agent in litigation, the legal documents required to be submitted to the court are:

1. Notarized by Hong Kong lawyers with notary qualifications designated by the Ministry of Justice and stamped with China Legal Services (Hong Kong) company transfer seal of the client's identity documents;

2. A special power of attorney notarized by a Hong Kong lawyer with notary qualifications appointed by the Ministry of Justice and stamped with the transmission seal of China Legal Service (Hong Kong) Company;

3, notarized by the Ministry of Justice appointed with notary qualifications of Hong Kong lawyers, stamped with China Legal Services (Hong Kong) company transmission seal of the client's Chinese bill of complaint;

4. Marriage certificate。

Article 75 When a lawyer is entrusted by a Hong Kong person to act as the defendant's agent in litigation, the legal documents required to be submitted to the court are:

1. Notarized by Hong Kong lawyers with notary qualifications designated by the Ministry of Justice and stamped with China Legal Services (Hong Kong) company transfer seal of the client's identity documents;

2. A special power of attorney notarized by a Hong Kong lawyer with notary qualifications appointed by the Ministry of Justice and stamped with the transmission seal of China Legal Service (Hong Kong) Company;

3. Notarized by Hong Kong lawyers with notary qualifications appointed by the Ministry of Justice and stamped with China Legal Services (Hong Kong) company's transfer seal of the client's divorce opinion;

Article 76 When a lawyer is entrusted by a Macao person to act as the plaintiff's agent in litigation, the legal documents to be submitted to the court are as follows:

1. Identity documents of the client certified by China Legal Services (Macau) Company;

2. Special power of attorney certified by China Legal Services (Macau) Company;

3. The client's letter of complaint in Chinese certified by China Legal Services (Macau) Company;

4. Marriage certificate。

Article 77 When a lawyer is entrusted by a Macao person to act as the defendant's agent in litigation, the legal documents to be submitted to the court are as follows:

1. Identity documents of the client certified by China Legal Services (Macau) Company;

2. Special power of attorney certified by China Legal Services (Macau) Company;

3, the client's divorce opinion certified by China Legal Services (Macau) Company;

Article 78 When a lawyer is entrusted by a Taiwan person to act as a plaintiff's agent in litigation, the legal documents to be submitted to the court are as follows:

1. The identity certificate of the client who has been certified by the Notary Public Association of the place where the notarization and acceptance courts are located in Taiwan;

2. A special power of attorney certified by the Notary Public Association of the place where the notary and acceptance courts are located in Taiwan;

3. The client's complaint certified by the Notary Public Association where the court is located in Taiwan is notarized and accepted;

4. Marriage certificate。

Article 79 When a lawyer is entrusted by a Taiwan person to act as a defendant's agent in litigation, the legal documents to be submitted to the court are as follows:

1. The identity certificate of the client who has been certified by the Notary Public Association of the place where the notarization and acceptance courts are located in Taiwan;

2. A special power of attorney certified by the Notary Public Association of the place where the notary and acceptance courts are located in Taiwan;

3. The client's divorce opinion certified by the Notary Public Association where the court is located in Taiwan;

Article 80 If the marriage certificate is issued outside China, or issued in Hong Kong, Macao and Taiwan, the marriage certificate shall make the corresponding notarization, certification, certification and other procedures。

Article 81 A divorce opinion shall include the following matters:

1. The name, passport number and basic status of the client;

2. Basic information about the conclusion of the client's marriage;

3, the client's clear attitude on whether to agree to divorce;

4. The client's clear attitude towards the ownership of child custody;

5. The client's attitude towards whether to file a claim for compensation for mental damage;

6, the client autograph, and do the relevant notarization, certification procedures。

Article 82 If the divorce opinion is in a foreign language, before submitting it to the court, the lawyer shall do a good job in the translation agency appointed by the local court, and submit the original foreign documents and the original translation to the court。

Article 83 If a lawyer accepts the entrustment of a Hong Kong resident, the relevant legal documents shall be notarized by a qualified Hong Kong lawyer designated by the Ministry of Justice, and then forwarded by the China Legal Services (Hong Kong) Company after the seal is stamped, and sent to the mainland for use。

Article 84 When a lawyer is entrusted by a Macao resident, the relevant legal documents shall be submitted to China Legal Services (Macau) Company after the relevant certification procedures are completed。

Article 85 When a lawyer accepts the entrustment of a Taiwan resident, the relevant legal documents shall be handled in accordance with the Cross-Straits Notarial Certificate Use Verification Agreement。

Article 86 When a lawyer accepts the entrustment of a foreign national, the relevant legal documents shall first be notarized by the lawyer and notary of that country and by the diplomatic agency of that country, and then submitted to the Chinese consulate abroad for certification。

Article 87 After lawyers accept divorce cases, the case handling process can be divided into four stages:

A stage of case preparation;

Two stages of pre-litigation mediation;

Three-stage case litigation stage;

Four stages of the case。

Two-section charge

Article 88 Lawyers acting in divorce cases shall charge agency fees in accordance with relevant provisions, and risk agency fees are not applicable。

Article 89 After collecting agency fees, law firms shall issue invoices to clients in a timely manner。

Article 90 The lawyer may, depending on the specific circumstances, ask the client to advance the transportation expenses, travel expenses, legal costs, the relevant fees shall be collected to the client issued a written receipt, and timely report to the client the use of the situation (can be issued to the client case cost table), before closing the case to the client。

Case closed in Section 3

Article 91 In the process of handling divorce cases, lawyers should pay attention to the collection, sorting and proper storage of materials。At the end of the trial procedure, the closing report or summary of the case should be written, and the case files should be sorted out and filed in accordance with the Measures for the filing of Lawyers' Business Files of the Ministry of Justice。

Article 92 If, after accepting the entrustment, the client provides false evidence or engages in illegal activities by using the services provided by the lawyer, the lawyer may refuse to continue to represent the client. After the law firm has collected evidence and ascertained the facts, it shall inform the client, terminate the entrustment relationship, put it on record, and sort out the case file。

Article 93 In the process of case representation, if both parties agree to terminate the agency relationship, the lawyer shall file the termination of the agency contract together with other case file materials, and indicate the reason for the termination of the entrusting contract。

Article 94 Where the agency relationship is terminated through consultation, a lawyer may provide the client with relevant case handling materials。The lawyer shall make a list of the relevant materials submitted and receive them after being signed by the client。

Chapter four: Case preparation stage

Section 1 General provisions

Article 95 The term "case preparation stage" refers to the period of time required by the client to take and carry out the preparatory work for the client to lawfully achieve or try to achieve the purpose of the lawsuit on the basis of careful understanding of the case after accepting the entrustment of the party and signing the contract。

Article 96 The preparation phase of a case generally includes the following tasks:

1. Understand and be familiar with the case。

2. Collect the identity materials of the original and defendant subjects。

3. Collect relevant evidence。

4. Analyze the case and formulate agency strategies。

Section 2 Evidence collection

Article 97 After accepting the entrusting of a client, a lawyer shall do a good job in investigating and collecting evidence according to the characteristics of the marriage case。

Article 98 In divorce cases, evidence generally includes the following categories:

(1) Documentary evidence means a document recorded or expressed in words or symbols to prove the facts to be proved。For example, letters, documents, real estate certificates, repayment statements, wills, judgments, etc。

(2) Material evidence refers to an article that uses its shape, characteristics, quality, etc., to explain part or all of the facts to be proved。For example, gifts between parties, computers smashed during arguments between husband and wife, etc。

3. Audiovisual materials refer to materials relating to the facts of a case recorded by means of sound recording or video recording。For example, the conversation of the parties recorded with a tape recorder, the characters and their activities recorded with a video recorder, the data and information stored with an electronic computer, QQ chat records, MSN chat records, E-mail and so on。

(4) Witness testimony refers to a statement of the facts of a case made orally or in writing by a witness to the people's court。

(5) "Party statement" means a statement made to the people's court by a person directly interested in the case concerning the facts of the case and the circumstances proving those facts。It generally refers to the relevant contents of the complaint, the reply, and the court record。

(6) Appraisal conclusion means the conclusion reached by the specialized organ appointed by the people's court on the specialized issues arising in civil cases through technical appraisal。Such as medical appraisal, disability appraisal, housing price appraisal report。

7. Other materials that can prove the facts of the case。

Article 99 Lawyers shall investigate and collect evidence in a lawful, objective, comprehensive and timely manner, paying attention to the authenticity, legality and relevance of the evidence。

Article 100 Lawyers shall not imitate or alter evidence, threaten or induce others to provide false evidence, prevent the other party from lawfully obtaining evidence, or assist or induce a party to imitate evidence。

Article 101 When a lawyer investigates or collects evidentiary materials related to the case, the law firm shall issue a letter of introduction and produce a lawyer's practice certificate。Where the law provides otherwise, such provision shall prevail。When a lawyer takes evidence from a witness, it is advisable for more than two persons to conduct the investigation together。

Article 102 In collecting documentary evidence and material evidence, lawyers shall collect the originals and originals。If it is difficult to collect the original or the original, copies or photographs may be made, or copies or excerpts may be collected, provided that testimonies or descriptions shall be attached to the copies, photographs or excerpts, and the sources of audiovisual materials shall be clearly defined。

103. Lawyers shall keep confidential the evidence involving personal privacy. If it is necessary to present it in court, they shall inform the court in advance and present the evidence in a private manner and shall not present it in a public hearing。

Article 104 If a lawyer considers that the evidence needs to be authenticated, he shall promptly inform the client or submit a written application to the relevant authentication department on his behalf, and put forward his opinions in the cross-examination, and request the people's court to entrust the evidence or appraise the evidence according to law。

Article 105 If a lawyer is unable to investigate and collect evidence in a timely manner, he shall explain the situation to the people's court and apply for an extension of time to submit the evidence。

Article 106 Lawyers shall collect evidence from the following aspects:

1. Divorce cases

1) Evidence of the establishment of the marital relationship between the parties。

2) Evidence confirming the marital relationship status of both parties。

3) Relevant evidence of the ownership of custody of children。

4) Relevant evidence of the joint property of both parties and the method of division。

5) Whether the other party has evidence of fault。

2. Succession cases

1) Evidence that the relevant person is a qualified successor。

2) Evidence that the form and content of the will are completely legal and valid。

3) Evidence of whether there are conflicts between multiple wills and the order in which they are effective。

4) Evidence of the existence of reasonable debts of the decedent。

3. Change of custody of children after divorce

1) Evidence that the other party's raising the child is obviously detrimental to the healthy growth of the child。

2) Evidence that our client is beneficial to the healthy growth of the child。

Article 107 When a lawyer collects evidence related to the identity of the original and the defendant, it means that a lawyer shall collect:

1. Plaintiff's ID card, household registration, household registration, identification materials, passport, etc。

(2) Relevant certificates of the defendant's residence, such as the joint residence certificate, the neighborhood committee, the property company to confirm that the defendant forms a residence certificate, the defendant's household registration。

3. If the client or the other party is an overseas person, pay attention to the notarization and certification procedures of the client's passport and collect the identity materials related to the other party。

4. If the client or the other party is a person from Hong Kong, Macao or Taiwan, pay attention to collecting the relevant identity documents such as the Hong Kong identity card and Taiwan Compatriots Card of the party concerned。

5. Foreigners who are not in China should be reminded that their passports should be notarized and then sent to the country for use。

Article 108 Where a lawyer collects materials on the establishment of the husband-wife relationship between the parties, he means:

1. If there is a de facto marriage relationship between the two parties, collect witness testimony and other relevant evidence;

2, if the two parties are registered by the domestic Civil Affairs Bureau, collect the marriage certificate, or the marriage relationship certificate issued by the Civil Affairs Bureau;

3, if the two parties are registered in a foreign country to marry, need to collect the registration certificate and go through the relevant notarization and certification procedures。

4, if the two parties are registered in Hong Kong, Macao, Taiwan marriage, need to collect the relevant marriage certification materials and related notarization, transfer, certification and other procedures。

Article 109 By collecting evidence of the emotional status of the husband and wife, the solicitor shall be aware of the following facts:

1. Time of mutual understanding;

2, establish the relationship time;

3, engagement, marriage registration time;

4. Marital feelings and changes after marriage;

5. The main differences existing in the current divorce agreement;

(6) The reasons for the parties to believe that the relationship between husband and wife has indeed broken down;

7, the purpose of the client。

110 Before collecting evidence of the emotional state of the parties, lawyers shall inquire about the reasons and manifestations of the changes in the emotional state between the parties, as well as specific cases that can reflect the emotional state。

Article 111 A lawyer acting for the plaintiff may collect the following materials to confirm the marital relationship:

1. Witness testimony and investigation records of neighbors, friends and colleagues。

2, alarm records, injury inspection documents, hospital diagnosis certificate。Other evidence of domestic violence。

3. Divorce agreement, email, letter, text message。

(4) There is evidence that a spouse cohabitates with others, or that one party has extramarital marriage。

5, Gather other evidence that can prove that the couple's relationship is broken。

Article 112 "Domestic violence" means an act by which a perpetrator, by beating, tying up, mutilating or forcibly restricting personal freedom or by other means, causes certain physical, mental and other harmful consequences to his family members。Persistent and frequent domestic violence constitutes abuse。

Article 113 The situation where "a spouse cohabitates with another person" means that a spouse and a person of the opposite sex outside marriage live together continuously and stably, not in the name of husband and wife。

Article 114 By collecting evidence on the ownership of child support rights and the amount of maintenance payments, the solicitor shall be aware of the following facts:

1, the child's name, gender, birth time;

(2) The process of taking care of the child after birth, the situation of both parties and the parents' family taking care of the child;

3. The current living status of the child, the specific unit and address of the child enrolled in care;

4. Specific wishes of children over the age of 10;

5. Work units, addresses, income and educational background of both parties and their parents;

6, the ideological quality of both parties, whether there are bad hobbies, physical and mental health。

Article 115 "Children who cannot live independently" means adult children who are still in school receiving education with a high school diploma or less, or who have lost or not completely lost the ability to work and are unable to maintain a normal life for non-subjective reasons。

The tuition fees of children during university years are not subject to the statutory obligations of parents。

Article 116 "maintenance fees" shall include the children's living expenses, educational expenses, medical expenses and other expenses。

Article 117 When a lawyer collects evidence that a child's judgment is favorable to the woman's growth, he may consider the following factors:

1. Whether the child is still under two years old。

2, whether the woman has been sterilized。

3, whether the children have been following the woman's life。

4. Whether the woman's salary is relatively stable。

5. The woman's education background。

6. Evaluation of the woman's personality and ideological quality。

7, whether the man has bad habits, such as gambling, drinking and other bad habits。

8. Whether the man is at fault。

9. Wishes of children over the age of 10。

10. Other factors favorable to the growth of children with their mothers。

Article 118 When a lawyer collects evidence that a child's judgment on the husband is beneficial to his growth, he may consider the following factors:

1, whether the woman has a malignant infectious disease, or other major diseases。

2, whether the woman does not go home for a long time, not enough to support the obligation。

(3) Whether the man has been sterilized, or lost or affected fertility。

4, whether the man is older, the probability of having children again is less。

5, whether the woman has bad habits or other quality problems。

6, whether the woman has a fixed income。

7. Other factors favorable to the growth of children with their father。

Article 119 Lawyers may, in light of the different circumstances of the parties, investigate and collect evidence from the parents of the parties in order to prove the parents' attitude towards the ownership of the children of the parties and the help they can provide for their children。

120 If the party or the other party has other children, attention should be paid to the collection of relevant evidence and the impact on the client to obtain the ownership of the children。

Article 121 By collecting evidence regarding joint property, the lawyer must understand the scope of the joint property of the husband and wife, pre-marital property, joint claims and debts, and the current attitude of the parties to the division of joint property。

Article 122 If the parties have agreed in writing on the ownership of property acquired during the duration of the marriage relationship and pre-marital property, the lawyer shall help the parties to examine whether the agreement is invalid or revocable。

Article 123 Where the division of immovable property is involved, a lawyer shall obtain a property right certificate;If it is difficult to obtain the property right certificate, or the property right certificate has not been issued, the lawyer can obtain the property right registration information according to the relevant provisions of the place where the real estate is located。

Article 124 If the name of a third party other than a minor child is indicated on the real estate rights certificate, the parties should be informed that the court generally will not deal with the divorce case because the real estate involves the interests of outsiders。

Article 125 If the real estate right is secured by a bank loan, it shall investigate the down payment of the property and the repayment of the loan after marriage, and collect the recent loan repayment statement。

If the purchase involves pre-marital property or involves debt or other mortgages, the relevant evidence should also be collected by the lawyer。

126 involved in the real estate has a household account, lawyers should investigate the account affiliated person and the relationship with the client。

Article 127 If both parties may disagree on the market value of the property, the lawyer should try to understand and grasp the market value of the property involved。Lawyers can get the above information by searching the Internet or visiting the real estate agency。

Article 128 If the husband and wife's joint property is abroad, the lawyer can prepare the notarization, certification and translation of the relevant real estate rights certificate。

Article 129 A lawyer shall investigate and understand the joint deposits of both parties, that is, the basic information of bank deposits in the names of one or both parties, including the bank account opening name, account number, approximate deposit amount, and the address of the bank。

Article 130 The lawyer shall investigate and understand the stock information of both parties, that is, the shareholder code in the name of one or both parties, the specific bank of the fund account, the statement of the specific stock transaction, and the statement of the fund account。

Article 131 If it is not possible to obtain the specific information of the other party's stock transactions and capital accounts，The lawyer may entrust the court to investigate in the Central Securities Clearing (Shanghai, Shenzhen) company, or the lawyer may investigate the detailed information of the other party's stock transactions with the investigation order，At the same time, obtain the stock fund account of the other party，To further obtain the fund statement of the other party's stock。

Article 132 If both parties or one party do not open an account in their own name for stock speculation, lawyers may suggest that the parties collect evidence for speculation and bring a property ownership suit in a separate case。

Article 133 For furniture and household appliances, lawyers may suggest that the parties draw up a list of property, distinguishing between personal property before marriage and common property after marriage, so as to provide it at the court session。

Article 134 If both parties or one party holds precious metals, funds, valuable antique calligraphy and painting or other property of greater value, lawyers may draw up relevant forms to specify in detail。

Article 135 If the relevant movable property is vulnerable to loss, or a party is likely to transfer or conceal, the lawyer may suggest that the client take evidence preservation measures such as video cameras and witness testimony to fix the relevant evidence。

Article 136 If both parties own a vehicle，The lawyer should ask the client for a vehicle license or other evidence of shared vehicles，And investigate whether the vehicle has a loan, the main lender, the owner record, the loan balance principal, where the vehicle license plate, the present value of the vehicle and other information，The actual user of the current vehicle should also be asked。

Article 137 A lawyer shall inquire the client about the names of the companies and enterprises under the names of both parties, and according to the information provided by the parties, inquire the internal files of the companies and enterprises in the relevant industrial administration Bureau, type out the basic information, and shall master the following materials:

1. Applicants for the establishment of companies and enterprises;

2. Register of shareholders, shareholding ratio and registered capital of the company and enterprise at the time of establishment;

3. Changes in the registered capital of the company and the enterprise;

4, the company, enterprise annual inspection of accounting reports, and accounting statements, including balance sheet, profit distribution statement。

5. Changes in the company's equity。

6. Other information that should be known。

Article 138 After the lawyer has investigated and collected the above industrial and commercial materials, he may submit the Industrial and commercial Credit Report to the client to make a preliminary analysis and explanation of the investigation company's credit, shareholders' shareholding and the current situation of the company's owners' equity。

Article 139 When collecting the above industrial and commercial materials, lawyers shall pay attention to the collection of basic and non-basic account information of the company in order to conduct fund inquiries when necessary。

Article 140 If the client or the other party has other property information, the lawyer shall do his best to inquire and collect relevant evidence。

Article 141 If the client's property is abroad, the lawyer shall, on the basis of the best efforts to collect relevant evidence, pay attention to the international conflict norms of the treatment of the client's property abroad or the problems existing in the actual treatment of the court。

Article 142 A lawyer may provide the court with witnesses to testify in support of his point of view。A witness shall generally appear in court for cross-examination, and an application by a party for a witness to testify in court shall be submitted 10 days before the expiration of the time limit for providing evidence。

Article 143 Lawyers may collect evidence by making investigative notes。The investigation record shall state:

Time of investigation, place of investigation, person of investigation, person of investigation, reason of investigation, statement of person of investigation。

After the investigation, the person under investigation shall check the investigation record, and sign the words "read above, no error", and sign and indicate the date。

If the investigation record is multiple pages, the person under investigation shall sign and confirm each page。

Article 144 A party applying to a people's court for preservation of evidence in accordance with the provisions of Article 74 of the Civil Procedure Law shall apply no later than seven days before the expiration of the time limit for providing evidence。The lawyer shall arrange for the person under investigation to appear in court for cross-examination as necessary。

Article 145 When a lawyer submits a recording to the court, he or she shall pay attention to the submission of the source document of the recording or the original tape。For digital and electronic evidence, it should be burned into a CD, and the written materials of the recorded data should be sorted out。

Counsel should carefully verify the recording before presenting it to the court, and should cross-check the recording submitted and listen to it at least once by counsel himself。

Article 146 When lawyers submit photos to the court, they should pay attention to the electronic source documents or original film of the photos submitted, and develop or print them out, paste them in sequence with A4 paper, and indicate the name of the evidence, the time of shooting, and the content of verification。

Article 147 Lawyers submit evidence to the court，If the original is submitted，The court should be requested to issue a receipt;If the court has difficulties，Try to ask the parties themselves to submit;If the original can only be submitted to the court by counsel，Please record in the evidence catalog and other relevant materials the specific time when the original was handed in, the recipient, and the reason why the court could not issue the original receipt，And promptly inform the client，And make relevant records in time。

Article 148 At least four copies of evidence shall be prepared, one to be submitted by the court, one to the other party, one to be filed by the lawyer, and one to the client。

Lawyers shall classify and number the evidentiary materials submitted by them one by one, make a brief description of the source, object and content of the evidentiary materials, sign and seal them, and indicate the date of submission。

Article 149 When a lawyer applies for a people's court to investigate and collect evidence on his behalf, it shall not be later than seven days before the expiration of the time limit for providing evidence。

Article 150 If the people's court does not approve the application for investigation by a party or lawyer, the court shall serve a notice on the party or his agent AD litem。The lawyer may, within three days from the day after receipt of the notice, advise the client to apply for reconsideration in writing to the people's court accepting the application。The people's court shall make a reply within five days from the date of receiving the application for reconsideration。

Article 151 The original evidence should not be kept by lawyers。If it is necessary to keep, it is necessary to issue the "Receipt for the custody of the original Evidence" to the client, which is signed by the contractor for confirmation and properly kept。

Chapter five is the stage of pre-litigation mediation

Section 1 General provisions

Article 152 A lawyer representing a divorce case shall apply the principle of mediation throughout the process of handling the case。

Article 153 A lawyer acting in a divorce case shall advise the client to conduct mediation before the lawsuit in order to shorten the time for dispute resolution and reduce the litigation burden of both parties, except where the mediation before the lawsuit and the other party is obviously not conducive to the process of the case。

Article 154 A lawyer acting for a divorce case in pre-litigation mediation shall work out a mediation plan and a mediation progress plan with the client。

Article 155 A mediation plan means, in combination with the provisions of the law and the actual situation of the case, a way to facilitate the client and the other party to reach a mediation agreement on specific child support issues and property division plans。

Article 156 The mediation scheme may be adjusted as appropriate at any time as the case progresses and the lawyer becomes aware of the case。

Section 2 Mediation between lawyers

Article 157 If a lawyer files a divorce with another party on behalf of one party, he may consult with the other party on the divorce issue before the proceedings。

Article 158 A lawyer shall contact the other party for consultation on the premise that he is familiar with the case and is prepared for negotiation。

Article 159 Before formally contacting the other party, a lawyer shall reconfirm with the client and remind the client to prevent domestic violence, protect his personal documents, belongings and computer materials, and pay attention to the normal order of his children's life and study。

Article 160 When making preliminary contact with the other party, lawyers may conduct consultations by telephone, short message, E-mail or in person。

Article 161 When a lawyer makes initial contact with the other party, he may generally tell the following:

1. The informed client has entrusted a lawyer in writing to represent the divorce case;

2. Name, practice institution, address and contact information of the lawyer notified;

3. The advice and sincerity of the client to entrust the lawyer to mediate, and hope that the other party can discuss the divorce related matters with the lawyer。

Article 162 Lawyers may, after giving the other party reasonable time for consideration, determine with the other party the specific time and place for the interview。In determining whether to consult with the other party face to face, the opinion of the other party shall be respected。

Article 163 If the other party flatly refuses to consult with the lawyer on the divorce issue, the lawyer may advise the other party to consider it carefully before contacting the other party。If the other party still flatly refuses to negotiate when contacted again, the lawyer can consider according to the progress of the case, after consulting the party's opinion, plan to file a divorce lawsuit。

Article 164 If the other party directly asks about the terms of the agreement, before being fully prepared, the lawyer may not give a direct answer, but suggests that the other party consider a specific plan, leaving a buffer time before confirming the plan with the client, in order to balance the psychology of both parties and avoid direct conflict or hasty commitment。

Article 165 If the other party expresses its willingness to negotiate with lawyers, lawyers may make an appointment with the other party for an interview。Before the appointment, the lawyer should familiarize himself with the case and prepare for the interview。

Article 166 The appointment for an interview may be made in a quiet place such as a law firm, a coffee shop, or a teahouse。

Article 167 When a lawyer talks with the other party about the divorce agreement, he may advise the client whether to participate or not in the case。

Article 168 When the solicitor is a woman and the opposing party is a man, the solicitor may be accompanied by other lawyers or paralegals of the firm, and if the interview is scheduled in the evening, the time should not be too late。

Article 169 Counsel and the opposing party shall negotiate in a public place, and it is prohibited to go to the other party's residence or private residence for an interview agreement。

170 Lawyers and the other party to discuss divorce matters, should try to avoid the other party too much personnel to participate in order to prevent one party's emotions intensified and unexpected things happen。

In the case of multiple people involved in negotiated divorce, lawyers should pay attention to avoid intensifying conflicts and pay attention to controlling the negotiation atmosphere。

Article 171 When negotiating divorce matters with the other party, the lawyer shall pay attention to controlling the atmosphere at the scene, and shall take the initiative to mediate and relieve the tension of the other party。With the other party to treat each other as equals, moderate tone, honest attitude, moderate neutral position, should not blindly emphasize the interests of the client, cause the other party aversion, resulting in no sense of negotiation。

Article 172 After a negotiation and consultation between a lawyer and the other party, the lawyer shall promptly inform the client of the consultation。For some information that is not conducive to the handling of the case and is not conducive to further maintaining communication with the other party, the lawyer may not have to relay it to the client。

Article 173 If the two parties reach an agreement through negotiation, the lawyer shall promptly organize the two parties to go through the divorce registration procedures at the Civil Affairs Bureau, or to the court for divorce mediation。

A lawyer should be present during divorce proceedings。

Article 174 Lawyers and the other party in the divorce settlement agreement, should pay attention to time grasp and control, for the gap between the two parties is large, there is no possibility of a negotiated settlement, after obtaining the consent of the client, may file a lawsuit。

Six-chapter filing

Article 175 Before filing a case, a lawyer shall first check whether the following work has been completed:

1. Whether the property situation of both parties has been implemented。

2. Whether the collection of evidence for the ownership of children's custody has been completed。

3. Whether the evidence confirming the relationship status of the couple has been collected。

4. Whether fault identification and evidence collection have been completed。

5. Whether it is necessary to mention the property preservation work and whether the relevant information preparation work has been completed。

6. Whether the materials required for filing are fully prepared and whether the complaint has been personally signed by the client。

7. Whether the list of common property and the list of pre-marital property of the parties have been formulated。

8. Whether the divorce litigation strategy plan has been formulated。

9. Determine the filing time of the jurisdiction court, the materials needed to file the case, and whether the internal filing form of the court has been understood。

10. Litigation costs and preparation required for filing a case。

11. Whether other work that should be prepared has been completed。

Article 176 When a lawyer establishes a divorce case, the bill of complaint shall be signed by the client himself。

Article 177 If the entrusting person is a foreign, Hong Kong, Macao and Taiwan person and is in China, if the power of attorney has not been notarized, the entrusting person must be present when filing the case。

Article 178 If there are circumstances that may adversely affect the trial of the case when the defendant leaves the country, the lawyer may apply to the court to restrict the defendant from leaving the country when the case is filed。The lawyer should inquire about the time of each restriction and submit the application for extension in a timely manner。

Article 179 When a lawyer applies for the defendant to be restricted from leaving the country, he shall submit a written application, and state in the application the basic information of the applicant and the respondent, the factual reasons for applying for the restriction, submit the necessary relevant evidence, and pay the security deposit。

Article 180 When filing a case, lawyers may submit relevant evidentiary materials to the court, and may draw up a catalogue of evidence, indicating the name of the evidence and the contents of the confirmation。

Article 181 After filing the case, the lawyer shall hand over the original documents of litigation costs paid on behalf of the client for safekeeping, and keep a copy。If the original is needed for safekeeping, the original should be kept。

Article 183 After filing a case, unless the court immediately schedules the hearing and designates the list of trial personnel, a lawyer may, within three days of filing a case, inquire about the internal affairs of the relevant court, inquire about the judge accepting the case, and contact the judge to inquire about the hearing time to avoid conflict in court。

184 After filing a case, lawyers should pay attention to the case acceptance notice, evidence notice and other relevant legal documents set out in the notice of response, and the above legal documents should be forwarded to the client。

Article 185 When filing a case and proposing moral compensation to the other party, a lawyer shall distinguish between the following different circumstances:

(1) Where a party without fault who meets the provisions of Article 46 of the Marriage Law as a plaintiff files a claim for damages to the people's court based on the provisions of that article, it shall be filed at the same time as the divorce proceedings。

(2) In accordance with the provisions of Article 46 of the Marriage Law, if the defendant does not agree to divorce and does not file a claim for damages based on the provisions of this article, he may file a separate lawsuit within one year after the divorce。

(3) In a divorce lawsuit in which the innocent party is the defendant, if the defendant fails to make a claim for damages based on the provisions of Article 46 of the Marriage Law at the time of first instance and is made during the period of second instance, the people's court shall conduct mediation; if mediation fails, the party shall be informed to bring a separate lawsuit within one year after the divorce。

Seven chapters in Court

Section 1 Preparation for court

Article 186 Before a court hearing, a lawyer shall examine at least the following:

1, hearing time, place, composition of trial personnel and other information, lawyers upon receipt of the hearing notice, shall immediately notify the parties。

2, the day before the hearing, you can contact the parties again to remind them, and remind them to bring the original identification and evidence。

3, before the hearing, should tell the client about the hearing procedure, the client should pay attention to the problems, the court, the other party may ask questions。

4, should be prepared common property list, pre-marital personal property list and other forms。

5, again check whether the file materials are complete, whether there are omissions, and whether various documents are photocopied。

6. Whether the evidence is submitted within the time limit for presenting evidence and whether the witnesses have been properly arranged。

7, lawyers pay attention to carry the license。

8, if there are relatives and friends of the client, should prompt to bring identification, and inform the rules of attendance in advance, and remind the client and his relatives and friends to keep reasonable during the trial, to avoid disputes caused by the participation of relatives and friends of both sides in the trial。

Article 187 For the hearing of a case without a written notice of appearance, the lawyer may contact the court the day before the hearing to confirm the hearing time so as to prevent changes in the hearing situation。

Article 188 Lawyers attending court sessions shall estimate the road time according to the traffic conditions and prevent being late for court sessions。If the trial may be late for special reasons, the lawyer should contact the presiding judge in advance to try to get understanding。

Article 189 If a lawyer finds that the other party has any of the following circumstances, thus leading to divorce, he may suggest that the client request damages:

(1) bigamy;

(2) A spouse cohabitates with another person;

3. Committing domestic violence;

4. Abuse or abandonment of family members。

Article 190 "Compensation for damage" includes compensation for material damage and compensation for moral damage。Where compensation for mental damage is involved, the relevant provisions of the High People's Court's Interpretation on Several Issues Concerning the Determination of Liability for Mental Damage in Civil Torts shall apply。

One hundred and ninety-one divorce，If the client discovers that the other party is hiding, transferring, selling or destroying the joint property of the couple，Or falsifying debts in an attempt to seize the property of the other party，The lawyer may divide the couple's property，The client is advised to apply to the court to share less or no property with the party who hides, transfers, sells, destroys the joint property of the couple or forges debts。

The lawyer shall inform the client that if the client discovers the above acts only after divorce, he may file a lawsuit in the people's court to request another division of the joint property of the husband and wife。

Article 192 A lawyer shall inform his client that after divorce, parents shall still have the right and duty to bring up and educate their children。

Article 193 Lawyers shall inform the parties that, after divorce, if one party brings up a child, the other party shall bear part or all of the necessary living and educational expenses, and the amount and duration of such expenses shall be agreed upon by both parties。

Article 194 The father or mother who does not directly raise the children after divorce shall have the right to visit them, and the other party shall have the obligation to provide assistance。

Article 195 A lawyer shall inform his client that, at the time of divorce, the debts originally incurred by the husband and wife for their joint life shall be paid jointly。If the common property is insufficient to pay off, or the property belongs to each other, the two parties shall agree to pay off。

Article 196 If a lawyer finds that his client has difficulties in living after divorce, he may suggest that his client ask for financial help。

"One party's life is difficult" means that it is unable to maintain the local basic standard of living by relying on personal property and property acquired during divorce。

If one party has no place to live after divorce, it is classified as living in difficulties。

In the case of divorce, one party may use the housing in his personal property to help the poor in the form of the right to live in the house or the ownership of the house。

Article 197 If both parties agree in writing that the property acquired during the duration of the marriage relationship shall belong to each other, and the lawyer finds that the party has paid more obligations due to raising children, caring for the elderly, assisting the other party in work, etc., he may suggest the party to request compensation from the other party at the time of divorce。

Article 198 Written communications between lawyers and their clients, the opposing parties and their agents, and the court shall be kept in file, electronic communications data shall be downloaded and backed up, and unified printing and archiving shall be processed after the end of the case。

Section 2 The trial of first instance shall be held

Article 199 After lawyers arrive at the court, if they have not yet submitted the entrustment procedures, they shall timely submit the power of attorney, official letters and other legal documents, and submit evidence materials in accordance with the rules of evidence and the court's notice of evidence。

Article 200 Lawyers, as plaintiffs or appellants, shall sit on the left hand side of the bench facing the judge;The defendant or appellee shall be seated on the right hand side facing the judge's bench。

Article 201 When a lawyer holds a court hearing, he shall pay attention to mediation and easing the tension of the client。

Article 202 Before and during a court hearing, lawyers shall pay attention to preventing personal and emotional conflicts between the client and the other party, and to preventing the occurrence of mutual beating and scolding。If there is an incident of beating and scolding between the parties in the process of case management, the lawyer should not participate in it and do his own safety work。

Article 203 Lawyers shall hold court in full dress, use standard language, be modest in manner, not pick words for litigation, and not quarrel or attack each other with the other party or the other party's lawyer。

204 When a lawyer holds a hearing, he shall make a record of the hearing。

Article 205 Statements of the facts of a case, such as claims, defense opinions and factual reasons, may generally be made by the parties themselves。If acting on behalf of the principal, the judge's opinion must be obtained, except for special authorization of agency。

Article 206 When a lawyer speaks in court, his voice should be strong and loud。

207 Lawyers in the trial, according to the specific circumstances should prompt the client to control emotions, to avoid the client's feelings out of control。

If the parties lose control of their emotions, they should pay attention to the appropriate way to adjust, and if necessary, they can apply to the judge for an adjournment。

Article 208 Trial order shall be conducted according to the judge's guidance。When the lawyer states the case request and the factual reasons on behalf of the client, he shall read out the claims one by one, and the factual reasons may be read out or consistent with the complaint according to the specific circumstances。

Counsel may advise the client to add factual reasons beyond the pleadings as the case may be。

Article 209 Counsel acting for the defendant may instruct the client to read the reply, or obtain the consent of the judge for the next generation to read it。

Article 210 When a judge asks a client a question about the facts of a case in accordance with court proceedings, a lawyer should not answer on his behalf unless he has obtained the judge's consent。

Article 211 When providing evidence, a lawyer shall, in accordance with the judge's guidance, provide evidence to the court one by one, and state the name of the evidence and the contents of the proof。

Article 212 When cross-examining evidence, lawyers shall cross-examine evidence from the aspects of authenticity, legality and relevance to the case。

Article 213 When cross-examining evidence, lawyers should note that the following evidence cannot be used as a basis for determining the facts of a case alone:

(1) Testimony made by a minor that is not commensurate with his or her age and intellectual status;

(2) Testimony issued by a witness who has an interest in a party or its agent;

3. Audiovisual materials with doubts;

4. Photocopies or reproductions that cannot be checked with the original or original;

(5) The testimony of a witness who has not testified in court without good reason。

Article 214 The probative power of several pieces of evidence for the same fact may be judged by reference to the following principles:

(1) The evidential power of documents produced by state organs and social organizations according to their functions and powers is generally greater than other documents;

(2) Physical evidence, archives, appraisal conclusions, records of inspection or notarized and registered documentary evidence, its probative power is generally greater than other documentary evidence, audio-visual materials and witness testimony;

3. The proof power of original evidence is generally greater than that of transmitted evidence;

4. The probative power of direct evidence is generally greater than that of indirect evidence;

(5) Testimony provided by a witness in favor of a party who has relatives or other close relations with him is generally less powerful than that of other witnesses。

Article 215 When cross-examining the testimony of a witness, a lawyer may take into account factors such as the intelligence, moral character, knowledge, experience, legal awareness and skills of the witness。

Article 216 A lawyer shall present evidence on behalf of a client within the time limit specified by the court, except for the submission of new evidence。"New evidence" as prescribed in Article 125, paragraph 1, of the Civil Procedure Law means the following circumstances:

(1) The new evidence in the first instance procedure includes: the evidence newly discovered by the parties after the expiration of the period of proof in the first instance;Evidence that the parties are indeed unable to provide within the time limit for providing evidence due to objective reasons, but which, with the permission of the people's court, is still unable to provide within the extended time limit;

2. New evidence in the second instance procedure includes: newly discovered evidence after the first instance trial;If a party applies to the people's court for investigation and collection of evidence before the expiration of the time limit for providing evidence in the first instance and is not approved, the court of second instance, upon examination, deems that it should be approved and obtains evidence according to the application of the party。

Article 217 Where a party entrusts an agent to provide new evidence, it shall be submitted before or at the opening of the trial of first instance。

If a lawyer provides new evidence on behalf of a party in the proceedings of second instance, it shall be presented before or at the hearing of the second instance;If it is not necessary for a second instance to be held in court, the case shall be submitted within the time limit designated by the people's court。

Article 218 Lawyers should be aware that if a party has been granted a delay in giving evidence by the people's court, but for objective reasons fails to provide evidence within the permitted time limit, and the failure to hear the evidence may lead to obvious injustice in the judgment, the evidence provided by the party may be regarded as new evidence。

Article 219 When cross-examining evidence in court, lawyers shall question, explain and refute the authenticity, relevance and legality of the evidence, as well as the evidential power of the evidence。

Article 220 Before a lawyer asks a question to the other party, he shall carefully consider the necessity and consequences of the question, as well as its impact on the determination of the case。

Article 221 When a lawyer debates in court, he or she shall express his or her arguments on the focus of disputes in the trial。

Article 222 Before a lawyer expresses his opinions in the first round of arguments, he shall try his best to sort out the argument outline。

Article 223 A lawyer's argument opinions shall be concise and to the point, not long, and pay attention to the expressions of the trial personnel, and the argument opinions shall be logical and hierarchical。

Article 224 When a lawyer listens to the arguments expressed by the opposing party or the entrusted agent, he shall be careful and take notes。

Article 225 When a lawyer expresses a second round of arguments, he shall debate the arguments of the opposing party, and the arguments shall be logical and hierarchical。

Article 226 In litigation, lawyers should be aware that the recognition of the facts of the case involved in the compromise made by the parties for the purpose of reaching a conciliation agreement or settlement may not be used as evidence against them in subsequent proceedings。

Article 227: Lawyers should be aware that evidence obtained by infringing on the legitimate rights and interests of others or in violation of the prohibitive provisions of the law cannot be used as a basis for ascertaining the facts of a case。

Article 228 When a lawyer presents his closing statement, he shall be simple and to the point。

Article 229 In mediation organized by the court, lawyers shall listen to the views of the other side as much as possible, cooperate with the judge in mediation work, and pay attention to mastering mediation strategies and skills。

Two hundred and thirty lawyers must read the trial record word by word, and then sign the client and myself。When a lawyer finds a mistake in the trial record, he shall contact the clerk in time to correct it。

Article 231 Within three working days after the end of a court hearing, lawyers shall submit a written opinion of representation to the court, with a copy attached。The court will then be contacted to determine whether the proxy has been received。

Article 232 If the judgment of the court of first instance is received by the lawyer, it shall be notified to the client immediately after receiving it, and shall be paid to the client within 24 hours, and shall leave the mailing evidence, or let the parties sign for it, and the relevant documents shall be entered into the book。

Article 233 If the people's court's effective divorce judgment does not involve the right to visit, the lawyer may suggest that the party concerned bring a separate lawsuit on the issue of the right to visit。

Section 3 trial of second instance

Article 234 When lawyers represent cases of second instance, the specific business procedures shall, without conflict, be carried out in accordance with the case handling procedures of first instance as far as possible。

Article 235 A lawyer acting for a case of second instance shall, in addition to carefully consulting the information delivered by the client, contact the court of second instance, review the papers in a timely manner, and copy all relevant evidentiary materials and trial transcripts to understand the case。

Article 236 Lawyers acting in cases of second instance shall pay attention to whether or not new evidence is submitted, and pay attention to the time limit for submission of new evidence。

Article 237 Before the trial of the second instance, lawyers shall carefully read the factual part of the judgment of the first instance "ascertaining the case"。If there is any objection, it should be marked accordingly or otherwise indicated。

Article 238 After the hearing is over, lawyers shall submit their representation within three days。

Article 239 After the second instance judgment is first signed by the lawyer, the lawyer shall immediately transfer it to the client, and let the client sign the legal document transfer form and keep the express certificate。

Eight chapters after the trial

Article 240 After the end of the case, lawyers shall promptly liquidate funds with the parties and hand over the originals of relevant evidentiary materials。

Article 241 After the conclusion of a case, lawyers may, in light of the client's opinions and the specific circumstances of the case, decide whether to accept the entrusting of agency for extra-litigation consultation with the other party and go through the relevant entrusting procedures。

Article 242 After the end of the case, the lawyer should pay attention to retain the client's contact information, for the plaintiff client who has not been divorced by the court, the lawyer can remind the client to file a divorce lawsuit to the court again six months after the judgment takes effect

Chapter Nine legal aid case handling

Article 243 Lawyers shall undertake legal aid obligations in accordance with State regulations and provide legal services to the aided persons。A legal aid case assigned by a legal aid agency shall not be refused without valid reasons。Lawyers should receive unified arrangements from local legal aid agencies and regularly go to local legal aid agencies for voluntary consultation。

Article 244 Lawyers shall strictly observe professional ethics in handling legal aid cases。The lawful rights and interests of the parties concerned shall not be infringed upon。

Article 245 For the following persons, lawyers shall actively accept the assignment of legal aid institutions to provide them with free legal aid:

1. Persons with disabilities and intellectual disabilities who cannot meet the local low standard of living;

(2) Minors and elderly people who are considered to be in need of legal aid or judicial assistance after review by relevant institutions;

(3) Women who, after examination by relevant agencies, believe that they have financial difficulties and need legal assistance;

(4) Other persons who need to provide legal assistance in accordance with relevant laws。

Article 246 When providing legal aid, lawyers shall not directly or indirectly receive any property from the aided person。

247 For legal aid cases, lawyers should also actively go to the street where the parties are located, the neighborhood committee to understand the situation, find whether the husband and wife's feelings are broken and clues to the husband and wife's common property, not because the target is small, take it lightly, do not take the initiative to do their work。

Article 248 After handling legal aid cases, lawyers shall submit copies or photocopies of relevant legal documents and closing reports to legal aid agencies。

Article 249 For legal aid cases, lawyers may not take the initiative to require or in disguised form require parties to write letters of commendation or similar materials。