What should the opening statement say?

Legal analysis: 1. According to the different nature of the parties' statements, they can be divided into positive statements, negative statements and positive statements. Confirmatory statement refers to the statement that the parties take the initiative to put forward some facts as the basis to prove the existence of the legal relationship between the disputed entities. For example, the plaintiff told the court in detail that the defendant had borrowed several yuan from him on a certain day and place, but he has not paid it back yet, and asked the court to confirm the existence of the loan relationship and judge the defendant to return the loan and its interest. Here, the plaintiff's "notification" to the court is a confirmation statement. After trial by the court, it was found that the facts of the loan claimed by the plaintiff were true, and the defendant was sentenced to repay the plaintiff's loan and pay the corresponding interest according to law. It can be seen that affirmative statements have the characteristics of initiative, independence and self-interest. Regardless of whether the other party has relevant statements, one party can actively state the facts that are beneficial to itself to the court.

A negative statement refers to a statement in which the parties list the facts in the lawsuit, deny some facts in the dispute or think that the legal relationship on which the lawsuit is based does not exist at all. For example, in the above case, the defendant made a statement that he had repaid the loan to the plaintiff, but denied what the plaintiff said was "unpaid". Here, the defendant's statement is a negative statement. It can be seen that negative statements have the characteristics of passivity, dependence and self-interest, and they are responses to statements made by the other party that are not conducive to them, so as to deny each other and protect themselves. From the above analysis, it can be seen that although the attitudes of the parties in the affirmative statement and the negative statement are different, both of them are different reactions made by the parties for their own interests.

Different from the above two statements, confession statement refers to the statement that the parties explicitly admit the facts or requests put forward by the other party in the lawsuit. For example, in the above example, the defendant made a statement that he borrowed money from the plaintiff and has not paid it back yet. This is a statement of recognition. Self-admission statement is generally unfavorable to the speaker and is a special form of party statement. How to write the opening statement of civil litigation, for this kind of problem, first of all, is your own understanding of your own situation, on the other hand, you must follow the relevant laws and regulations, and then deal with them accordingly. The most important thing is to use the sentence correctly.

Legal basis: People's Republic of China (PRC) Civil Procedure Law.

Article 76 A party may apply to a people's court for an appraisal of the concreteness of the facts ascertained. If the parties apply for appraisal, the two parties shall determine the qualified appraisers through consultation; If negotiation fails, it shall be designated by the people's court. If the parties concerned do not apply for identification, and the people's court considers it necessary to identify specialized issues, it shall entrust a qualified appraiser for identification.

Article 77 An appraiser has the right to know the case materials needed for appraisal, and may ask the parties and witnesses when necessary. The appraiser shall put forward written appraisal opinions and sign or seal the appraisal book.

Article 78 If the parties have objections to the expert opinion or the people's court considers it necessary for the expert to appear in court, the expert shall testify in court. If the appraiser refuses to testify in court after being notified by the people's court, the appraisal opinion shall not be used as the basis for ascertaining the facts; The party who paid the appraisal fee may request the return of the appraisal fee.

Article 79 A party may apply to a people's court to notify a person with specialized knowledge to appear in court and give opinions on the expert opinions or professional problems of an expert witness.

Article 80 When inspecting physical evidence or the scene, the inspector must produce the certificate of the people's court, and invite local grass-roots organizations or the units to which the parties belong to send people to participate. The parties or adult family members of the parties shall be present, and the refusal to be present shall not affect the conduct of the inquest. According to the notice of the people's court, the relevant units and individuals have the obligation to protect the site and assist in the inspection. The inspectors shall make a record of the inspection and the inspection results, which shall be signed or sealed by the inspectors, the parties concerned and the invited participants.