The fifth "Yang wing cup" legal practice ability competition

On November 23, at the invitation of Hunan normal university's lawpractice team, nine members of the moot court of south Chinaagricultural university, led by Chen li and Liu Wanhong, went toChangsha, Hunan province, to participate in the fifth "lawpractice ability contest of Yang yan cup".

Groupphoto of all the team members and their instructors

The law practice ability contest was sponsored by the procedural lawresearch institute of Hunan province law society and co-organized bythe law practice team of Hunan normal university.

2018"Yang wing cup" competition law practice ability, by lawprocedure law institute of Hunan province and Hunan normal universitylaw school, law school of Hunan university, Changsha Hu Guanprocedural law culture research institute, Hunan normal universitywing law practice team, Hunan normal university, Yang wing lawpractice in collaboration with the team.

The"Yang wing cup" a total of 12 teams participating, thereare two teams from Guangdong province, south China normal university,south China agricultural university, and the other participatingschools team of Hunan university, Hunan normal university, centralsouth forestry university of science and technology, Hunanagricultural university, Changsha university of science andtechnology, business school of Hunan, Jiangxi university of financeand economics, Hubei university for nationalities, Chongqing liberalarts colleges and Henan university.

Last year, our school team participated in the competition as anobservation team. This year, our team participated in the competitionas an official team for the first time. It can be seen that the "goldcontent" of the cup competition is high, which can fully competewith other colleges and universities.

What deserves our attention is that the case of this competition isadapted from the real case of Changsha intermediate people's court.It is very challenging to select the competition group by drawinglots on the spot, and to test the flexible response and practicalability of the participants on the spot. The cases suitable forstudents to conduct moot court are selected, so that the participantscan objectively restore the facts and grasp the overall case.

Changshaintermediate people's court

Preliminarystage

Pre-raceopening ceremony:

XiaJixiang, the representative of Hunan university and Hunan normaluniversity, the leader of Hunan law society, and Huang Jie, thedirector of the organizing committee, delivered speeches in turn,expressing their recognition and high expectations for the "yanwiancup".

Thecompetition was divided into four trials, each trial by three teams,each team by four people.

Hostexcited opening!

Drawinggroups:

Thetrial group selected by our team is the plaintiff in court 2. In thesecond trial group, the judge is the team from Chongqing universityof arts and science, and the defendant is the team from Hunanbusiness school.

Withthe participation and guidance of the instructor, the participatingteams should prepare for the prosecution, filing and responding tothe lawsuit according to their roles.

Participantsbrowse the competition profile

Thepretrial procedure stage

Prosecution:prosecution by the plaintiff (8:00-12:00)

Uponreceipt of the case materials, the plaintiff's representative teamshall immediately prepare the complaint, list of evidence and otherprosecution materials, and examine and file the case.

Filing:the court examines filing (12:00-13:10)

Thecourt team examines the plaintiff's case and decides whether to filethe case.

Notice:notice of the court (13:10 -- 14:00)

Thecourt team shall serve the notice of acceptance, the notice ofresponse, etc. to the original defendant.

Respondent:respondent (14:00-16:30)

Thedefence team prepared a defence based on the information served andtransmitted it to the court.

Pretrialmeeting: pretrial meeting (17:00 -- 17:40)

Themain evidence exchange and determine the focus of the dispute, anddetermine the court session time.

Thefour contestants received the case and prepared to Sue

Thetime of the pre-trial procedure is short, which not only tests theparticipants' familiarity with the procedure, but also tests theirability of writing in a short time.

Afterreceiving the case materials, our team members conducted quick caseretrieval and legal retrieval, and submitted the complaint andevidence list in time.

Afterthe submission, the case was discussed in detail under the guidanceof the instructor, teacher Liu Wanhong and teacher Chen li.

Followingthis afternoon's pre-court session, our participants engaged in aheated debate with the defendant team and the judge team over theexchange of evidence and the determination of the focus of thedispute.

Thetrial period

OnNovember 25, the participating teams held the trial stage of theformal competition in Jingde building moot court of Hunan normaluniversity.

Jingdebuilding, Hunan normal university

Ourteam, as the second plaintiff group in the court, was scheduled tohold a court session at 10 am. The four participants came to thewaiting area of Jingde building early and arranged all the paperworkand the final pre-court work in a tight and orderly manner.

Trialbrief

Thiscase is a dispute over private lending. The legal representatives ofthe defendant Fuyuan company and Yinyun company are both wang jiang,who is required by the operation of Fuyuan company and guaranteed byYinyun company. From March 2013 to October 31, 2016, Yinyun companysuccessively borrowed money from the plaintiff, Qu bei, and his wife,Wang Mei.

Theprincipal and interest amount is 49.87 million yuan, and nine iousare issued, which promise to be paid off before November 10, 2016.

OnNovember 14, 2016, Fuyuan company still had not paid off the debt, QuBei filed a lawsuit to the people's court, demanding Fuyuan companyto repay the loan principal and interest, which amounted to 49.87million yuan, and then paid

The2% monthly interest shall be calculated from November 11, 2016 to thedate of actual repayment, and Yinyun shall be jointly and severallyliable for the payment made by Fuyuan in this case.

moment

Thetrial session, the original defendant both sides of the fierceconfrontation, the judge group has style, the three parties havetheir own performance, nervous and excited.

Inthis competition, although it is the first time for our school toparticipate in the moot court, I still play a stable role in thecompetition, showing my solid foundation in law and excellent abilityin court debate.

Afterthe competition, she took a group photo with miss Liu Wanhong andmiss Chen Li

Themoot court of south China agricultural university was awarded thesecond prize of this year's "yanwing-cup" based on thestable performance of the participating students and the outstandingguidance of Chen li and Liu Wanhong. Meanwhile, our team's instructorwon the "outstanding guidance ability" award of thisyanwing-cup.

Secondprize honor certificate of "rippling wing cup

Allthe members and the instructor took a group photo

This trip, there are endless joy and moved, moved by the teacher Chen Liand teacher Liu Wanhong's tireless teaching, moved by our team everynight in the DE xin hall in the fierce battle, delighted in the mockcourt each member of the progress and improvement. I am grateful tohave you, not live up to it. Moot court, in the future.