专业团队

一、合同纠纷起诉流程是怎样的

1、案件的判决结果要看法律规定以及双方的证据。现在，尚未开庭，判决结果未出，不能判定法官的行为是否偏袒，您现在主要是对诉讼程序不了解，才会产生各种误会。

2、法官主动调取证据是法律法规允许的，有法律法规规定的情形的，法院可以主动调取证据或应一方申请调取证据，并不属于偏袒一方。您如果有法律法规规定的情形，也可以申请法官主动调取证据。

3、立案八个月未开庭确实是不正常的，可以向有关机关反映。但如果被告充分利用了法律规定的程序，拖延开庭的时间，立案八个月未开庭是可能存在的。如果是被告利用法律规定的程序，与法官无关。律师就经常利用法律规定的程序，拖延审判的期限，以取得对自己最有利的结果。

4、被告就同一案件起诉原告，是正常的，可能属于反诉，也可能是另行起诉。

《民事诉讼法》

第一百一十九条 起诉必须符合下列条件：

(一)原告是与本案有直接利害关系的公民、法人和其他组织;

(二)有明确的被告;

(三)有具体的诉讼请求和事实、理由;

(四)属于人民法院受理民事诉讼的范围和受诉人民法院管辖。

第一百二十条 起诉应当向人民法院递交起诉状，并按照被告人数提出副本。

书写起诉状确有困难的，可以口头起诉，由人民法院记入笔录，并告知对方当事人。

第一百二十一条 起诉状应当记明下列事项：

(一)原告的姓名、性别、年龄、民族、职业、工作单位、住所、联系方式，法人或者其他组织的名称、住所和法定代表人或者主要负责人的姓名、职务、联系方式;

(二)被告的姓名、性别、工作单位、住所等信息，法人或者其他组织的名称、住所等信息;

(三)诉讼请求和所根据的事实与理由;

(四)证据和证据来源，证人姓名和住所。

二、合同纠纷相关知识

（一）主观成因

合同是双方当事人协商一致的结果。既然双方当事人在自愿，平等的基础上订立了合同，那么、按合同履行义务应当是毫无疑问的。然而，合同签订后，一方当事人可能会因为种种原因而主观上不想履行或不想完全履行合同。例如，买卖合同中，买方与卖方签了购销钢材的合同之后，合同所确定的钢材价格上涨，卖方见如果仍按合同规定的价格交给买方，就会损失一大笔钱，于是，卖方就想提价，或毁约，或以支付违约金的方式不履行合同。买方则不同意，坚持按事先规定的价格购买，双方遂起纠纷。再如，技术实施许可合同中，技术转让方已经与另一方签订了独家许可合同。但见另外一方又欲高价受让此技术，转让方则又将此技术许可给另外一方使用。独家受许可方获知后、要求转让方赔偿损失.双方之纠纷因此而起。可见，主观点原因往往引起违约行为，再由违约行为导致纠纷的产生。纯粹主观上的原因是少见的，主观上原因背后往往存在着客观原因。

（二）客观成因

一项合同，从订立到履行完毕，除了即时清结的之外，往往经过一个较长的过程。在合同履行过程中，也会出现一些客观上的原因，导致合同无法按约履行，由此引起纠纷。这里所指的客观方面的成因，指由非合同当事人主观意志所导致的，不得已而为之的因合同履行过程中的变化而引起纠纷的原因。例如，在合同履行过程中发生了不可抗力，致使合同不能全部或部分履行。双方当事人对不可抗力的范围，遭受不可抗力的一方是否采取了措施防止损失扩大，不可抗力是否已导致合同不能履行等问题的看法上不一致，因此而起纠纷。再如，由于双方当事人在订立合同时未考虑周全，致使合同在履行过程中出现诸如履行地点不明确，质量规格不明确等情况，协商不能达成一致时就会引起纠纷。一项合同纠纷，有时由单纯的主观原因或客观原因而引起的，有时则既有主观原因，又有客观原因。

合同纠纷、归根到底是与双方当事人订立合同的意图相违背的，除非是一方当事人有意欺骗对方当事人.借纠纷而企图获利。合同在履行，甚至终止时发生纠纷是在所难免的。重要的是在发生纠纷之后如何能行之有效地去解决纠纷。

1、 What is the litigation process for contract disputes

1. The verdict of a case depends on legal provisions and evidence from both parties. Now, as the trial has not yet been held and the verdict has not been released, it is not possible to determine whether the judge's behavior is biased. You are mainly not familiar with the litigation procedure, which has led to various misunderstandings.

2. The active retrieval of evidence by judges is allowed by laws and regulations. If there are circumstances stipulated by laws and regulations, the court may take the initiative to retrieve evidence or request the retrieval of evidence from one party, which does not constitute favoritism towards the other party. If there are situations stipulated by laws and regulations, you can also apply to the judge to actively retrieve evidence.

3. It is indeed abnormal that the case has not been heard for eight months and can be reported to the relevant authorities. But if the defendant fully utilizes the legal procedures and delays the hearing, it is possible that the case has not been heard for eight months. If the defendant utilizes the legal procedures, it has nothing to do with the judge. Lawyers often use legal procedures to delay the trial period in order to achieve the most favorable outcome for themselves.

4. It is normal for the defendant to sue the plaintiff in the same case, which may be a counterclaim or a separate lawsuit.

Civil Procedure Law

Article 119: A lawsuit must meet the following conditions:

（1） The plaintiff is a citizen, legal person, and other organization directly interested in this case;

（2） There is a clear defendant;

（3） Having specific litigation claims, facts, and reasons;

（4） Belongs to the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court being sued.

Article 120: When filing a lawsuit, the plaintiff shall submit a complaint to the people's court and provide copies according to the number of defendants.

If it is indeed difficult to write a complaint, an oral complaint may be filed, and the people's court shall record it in writing and inform the other party.

Article 121: The complaint shall specify the following matters:

（1） The name, gender, age, ethnicity, occupation, workplace, address, and contact information of the plaintiff, as well as the name, address, and name, position, and contact information of the legal representative or main person in charge of the legal person or other organization;

（2） The defendant's name, gender, workplace, address, and other information, as well as the name and address of the legal representative or other organization;

（3） Litigation claims and the facts and reasons based on them;

（4） Evidence and sources of evidence, witness name and residence.

2、 Knowledge related to contract disputes

（1） Subjective causes

A contract is the result of mutual agreement between the two parties. Since both parties have entered into a contract on a voluntary and equal basis, there should be no doubt about fulfilling obligations according to the contract. However, after the contract is signed, one party may subjectively refuse to perform or fully perform the contract due to various reasons. For example, in a sales contract, after the buyer and seller sign a contract to purchase and sell steel, the price of the steel determined in the contract increases. If the seller still delivers to the buyer at the price specified in the contract, they will lose a large amount of money. Therefore, the seller wants to raise the price, break the contract, or fail to perform the contract by paying a penalty. The buyer disagreed and insisted on purchasing at the predetermined price, leading to a dispute between the two parties. For example, in the technology implementation license contract, the technology transferor has already signed an exclusive license contract with the other party. But when the other party wishes to acquire this technology at a high price, the transferor licenses the technology to the other party for use. After the exclusive licensee became aware, they requested the transferor to compensate for the losses. This led to a dispute between the two parties. It can be seen that subjective reasons often lead to breach of contract, which in turn leads to disputes. Pure subjective reasons are rare, and objective reasons often exist behind subjective reasons.

（2） Objective causes

A contract, from its formation to its completion, often goes through a long process, except for immediate settlement. During the process of contract performance, there may also be objective reasons that prevent the contract from being fulfilled as agreed, leading to disputes. The objective causes referred to here refer to the reasons for disputes caused by changes in the contract performance process, which are caused by the subjective will of non contracting parties and are unavoidable. For example, force majeure occurs during the performance of the contract, which prevents the full or partial performance of the contract. The two parties have different opinions on the scope of force majeure, whether the party affected by force majeure has taken measures to prevent losses from expanding, and whether force majeure has caused the inability to perform the contract, which has led to a dispute. For example, due to the lack of comprehensive consideration by both parties when entering into the contract, disputes may arise during the performance of the contract, such as unclear performance location and quality specifications. Failure to reach a consensus through negotiation can lead to disputes. A contract dispute, sometimes caused by simple subjective or objective reasons, sometimes with both subjective and objective reasons.

A contract dispute ultimately goes against the intention of both parties to enter into a contract, unless one party intentionally deceives the other party and attempts to profit from the dispute. It is inevitable that disputes arise during the performance or even termination of a contract. The important thing is how to effectively resolve disputes after they occur.