法律实务教程

**篇 法律职业认知 **章 法律职业概述 ····················································································2 第二章 法官·································································································5 **节 法官概述 ·····················································································5 一、法官的定义和任职条件 ··············································································5 二、法官的职责 ·····························································································6 第二节 法官职业道德 ···············································································8 一、法官职业道德的定义 ·················································································8 二、法官职业道德要素 ····················································································8 第三章 检察官 ····························································································19 **节 检察官概述 ················································································19 一、检察官的定义和任职条件 ·········································································19 二、检察官的职责 ························································································20 第二节 检察官职业道德 ··········································································21 一、检察官职业道德的定义 ············································································21 二、检察官职业道德要素 ···············································································22 第四章 律师 ································································································30 **节 律师概述 ···················································································30 一、律师的定义和任职条件 ············································································30 二、律师的职责 ···························································································31 第二节 律师职业道德 ·············································································31 一、律师职业道德的定义 ···············································································31 二、律师职业道德的基本内容 ·········································································32 法律实务教程 第二篇 民事诉讼实务 第五章民事诉讼基本原理和流程····································································40 **节庭审前准备 ················································································ 40 一、书记员需做的准备工作············································································ 40 二、书记员宣布法庭规则和法庭纪律 ································································ 41 三、法官入庭和报告庭审前准备情况 ································································ 41 四、核对确认诉讼参加人的身份 ······································································ 41 五、宣布开庭 ······························································································ 41 六、宣告案名、案由、审理程序和方式 ····························································· 41 七、介绍审判人员 ························································································ 42 八、告知诉讼权利义务，征询申请回避意见 ······················································· 42 第二节民事诉讼庭审程序 ······································································· 46 一、法庭调查 ······························································································ 47 二、法庭辩论 ······························································································ 51 三、当事人*后陈述····················································································· 52 四、法庭调解 ······························································································ 52 五、休庭、评议和宣判·················································································· 53 第三节民事诉讼中的证据 ······································································· 55 一、证据简介 ······························································································ 55 二、民事诉讼中的证明对象············································································ 58 三、举证责任 ······························································································ 62 四、证明程序 ······························································································ 63 第四节民事诉讼中的证据应用································································· 66 一、民事诉讼中对民事证据收集主体有无法律要求 ·············································· 66 二、对证据进行质证的顺序和内容 ··································································· 66 三、证据质证中如何认定证据的客观性 ····························································· 67 四、内容不合法的证据是否属于非法证据 ·························································· 67 五、证据效力和证明效力有何区别 ··································································· 68 六、复写件与复印件的效力是否一致 ································································ 68 七、申请鉴定是否必须在举证期限内提出 ·························································· 69 八、如何判断鉴定程序是否严重违法 ································································ 69 九、鉴定材料未经开庭质证，鉴定意见是否合法 ················································· 70 十、传真能否作为真实的举证 ········································································· 70 十一、手机短信的证明效力如何 ······································································ 71 十二、单一的视听资料能否采信 ······································································ 72 第五节法律实务中的证据应用································································· 72 一、证据合法性的案例分析············································································ 72 二、未成年子女证言的案例分析 ······································································ 74 三、举证责任的案例分析··············································································· 75 第六节法律文书 ···················································································77 一、法律文书写作的基本方法 ········································································· 77 二、典型民事法律文书的撰写及范文 ······························································· 79 第六章民事诉讼实务——婚姻家庭法与继承法实训 ···········································86 **节婚继经典案例分析 ·······································································86 一、案例介绍 ······························································································ 86 二、本案涉及的相关法律知识 ········································································· 87 三、案例分析思路及技巧··············································································· 88 四、本案的处理结果及思考············································································ 96 第二节婚继案例模拟开庭 ·······································································97 一、案例介绍 ······························································································ 97 二、学习任务 ······························································································ 98 三、模拟开庭 ······························································································ 98 四、评价及思考 ··························································································114 第三节婚继案例实训练习 ······································································115 一、实训目的 ·····························································································115 二、案情简介 ·····························································································115 三、实训要求 ·····························································································116 第七章民事诉讼法律实务——债权法实训·································································17 **节债权案例分析 ············································································117 一、案例分析引导 ·······················································································117 二、分析思路和技巧····················································································118 第二节债权法案例模拟开庭···································································127 一、案情简介 ·····························································································128 二、学习任务 ·····························································································128 三、模拟开庭 ·····························································································128 第三节债权案例实训练习 ······································································148 一、实训目的 ·····························································································148 二、案情简介 ·····························································································148 三、实训要求 ·····························································································149 法律实务教程 第三篇 民事非诉讼与商事仲裁程序 第八章律师非诉讼法律实务········································································ 152 **节律师非诉讼业务概述···································································152 一、律师非诉讼业务的含义··········································································· 152 二、律师非诉讼业务范畴·············································································· 152 第二节非诉讼业务法律文书···································································155 一、法律意见书的概念及功能 ········································································ 155 二、法律意见书的撰写要求··········································································· 156 第九章商事仲裁························································································ 160 **节商事仲裁概述 ············································································160 一、国内仲裁与国内仲裁代理 ········································································ 160 二、仲裁案件中律师的基本要求 ····································································· 160 三、律师在民商事仲裁案件中的职责和权限 ······················································ 161 第二节仲裁组织及仲裁程序···································································163 一、仲裁庭的组成 ······················································································· 163 二、仲裁案件开庭审理················································································· 164 三、仲裁庭合议与仲裁裁决的作出 ·································································· 164 第三节仲裁实务技巧 ············································································166 一、如何做好开庭前的准备··········································································· 166 二、怎样参加仲裁开庭················································································· 167 第四节仲裁案例分析 ············································································168 一、案情简介 ····························································································· 168 二、仲裁结果 ····························································································· 169 三、简评 ··································································································· 169 四、提示 ··································································································· 170 第五节劳动争议仲裁 ············································································173 第四篇 刑事诉讼实务 第十章刑事诉讼基本原理和流程·································································· 178 **节立案侦查 ··················································································178 一、公安机关立案侦查················································································· 178 二、检察机关立案侦查················································································· 181 三、人民检察院批准、决定逮捕 ····································································· 183 四、侦查阶段的律师辩护业务 ········································································185 第二节审查起诉 ··················································································188 一、移送案件的审查····················································································188 二、起诉 ···································································································191 三、不起诉 ································································································192 四、审查起诉阶段的律师辩护工作 ··································································193 第三节刑事审判 ··················································································195 一、审判程序 ·····························································································195 二、审判组织 ·····························································································196 三、审判期限 ·····························································································197 四、审判原则 ·····························································································197 五、公诉案件一审庭审·················································································199 六、刑事诉讼**审普通程序庭审基本流程 ······················································202 七、人民检察院出庭支持公诉 ········································································210 八、审判阶段的律师辩护··············································································215