(1) Before the court session is announced, the clerk shall check whether the public prosecutor, the parties, witnesses and other participants in the proceedings are present, read out the court rules to the participants in the proceedings and observers, invite the presiding judge and judges to sit down, and report to the presiding judge that the preparations before the court session are ready.

(2) The presiding judge announces the court session and summons the parties to appear in court to find out the names, ages, nationalities, native places, places of birth, educational level, occupations and addresses of the parties. The date when the people's procuratorate received the copy of the indictment and the date when it received the incidental civil action, etc.

(3) The presiding judge announces the source of the case, the cause of action and whether the trial is held in public, and announces the reasons for not holding the trial in public.

(4) The presiding judge announces the names of the members of the collegial panel, the clerk, the public prosecutor, the defender, the agent ad litem, the expert witness and the translator, and informs the parties, legal representatives, the defender and the agent ad litem that the trial has been held? The litigation rights enjoyed by Zhong Cheng according to law include: the parties and their legal representatives have the right to apply for the withdrawal of members of the collegial panel, clerks, prosecutors, appraisers and translators.

The defendant has the right to defend himself and entrust others according to law? Defend; The parties and defenders may apply to the presiding judge for questioning witnesses and experts, or directly ask questions of witnesses and experts with the permission of the presiding judge. During the court hearing, the parties and defenders present evidence to prove the defendant's innocence, light crime or reduced or exempted from criminal responsibility, apply for notifying new witnesses to appear in court, obtain new material evidence and apply for re-appraisal or investigation. With the permission of the presiding judge, the parties, defenders and agents ad litem may? Express opinions on the facts of the case and relevant evidence and debate with each other; After the court debate, the defendant has the right to make a final statement.

(5) The presiding judge shall ask the parties and legal representatives whether to apply. Withdrawal: If the party concerned, the applicant for legal trial and the prosecutor who appeared in court to support the public prosecution withdraw, if the collegial panel considers that it meets the legal situation, it shall be handled in accordance with the relevant provisions of the Criminal Procedure Law on withdrawal; Think it is not in compliance with the statutory situation? The case should be dismissed in court and the trial should continue.

If the applicant applies for reconsideration in court, the collegial panel shall announce an adjournment and decide whether to continue the hearing after the reconsideration decision is made. The decision to approve or reject the application for withdrawal? The reconsideration decision shall be announced by the presiding judge and the reasons shall be explained. When necessary, it can also be announced by the president in court.

Extended data:

According to Article 127 of the Civil Procedure Law, the court debates are conducted in the following order:

1. The plaintiff and his agent ad litem spoke. When both the plaintiff and the agent ad litem appear in court, the plaintiff usually speaks first and the agent ad litem supplements. The main purpose of the speech is to demonstrate one's own views and refute the facts and reasons put forward by the defendant in the court investigation, rather than repeating the contents of the statement he made in the court investigation stage.

2. The defendant and his agent ad litem shall reply. The defense of the defendant and his agent ad litem is not a simple repetition of his statement and defense in the court investigation stage, but an opinion and defense against the plaintiff and his agent ad litem, which proves that the plaintiff's claim is illegal and the court should not support it.

3, the third person and his agent ad litem to speak or reply. The third party with independent claim thinks that both the plaintiff and the defendant have violated their legitimate rights and interests. Therefore, his speech or defense is to refute the facts, reasons and requests advocated by the plaintiff and the defendant, thus proving that his legitimate rights and interests should be protected. A third person who has no independent claim is a party with whom he has a legal relationship, and his relationship with this party is both antagonistic and unified.

It is unified when targeting the other party, and there is no independent third party to assist the other party in answering and refuting the facts and requests advocated by the other party. When it comes to the enjoyment of rights or the assumption of responsibilities in litigation, there is an antagonistic relationship between them. At this point, the third party without independent claim can answer and refute the facts, reasons and requests of the party with whom it has a legal relationship.

4. Debate with each other. The judge should guide the parties to debate around the focus of the dispute. The judge shall stop the parties and their agents ad litem from speaking irrelevant to the case or repeating facts that have not been recognized by the court. When necessary, the presiding judge may, according to the circumstances of the case, limit the time for the parties and their agents ad litem to express their opinions each time.

If the parties request to continue the debate after the end of one round of debate, they may hold the next round of debate, but they may not repeat the contents of the first round of debate. During the court debate, the judge shall not express his opinions on the nature and right and wrong of the case, and shall not argue with the parties.

During the court debate, if the parties and their agents ad litem present new facts and evidence, the collegial panel may decide to stop the debate, resume the court investigation, and continue the debate after finding out. If it is difficult to find out in court and has a significant impact on the judgment of the case, the trial may be postponed. After the court debate, the presiding judge shall consult the final opinions of all parties in the order of plaintiff, defendant and third party.

After the court debate, if the facts of the case are clear, the presiding judge shall ask the parties whether they are willing to mediate. If the parties are willing to mediate, they can mediate in court or after recess. If both parties reach an agreement through mediation, they shall sign and seal the mediation book. The people's court shall make a conciliation statement according to the conciliation agreement reached by both parties and serve it on both parties.

If the two parties perform the agreement immediately after reaching it, and do not require the preparation of a conciliation statement, it shall be recorded in the written record, which shall become legally effective after being signed or sealed by both parties, members of the collegial panel and the clerk. If mediation fails, the collegial panel shall make a judgment in time.

References:

Trial-Baidu Encyclopedia