Procedures for court hearings

The People's Court applies ordinary procedures to hear civil cases and must strictly follow legal procedures. According to the provisions of the Civil Procedure Law, a court hearing is divided into the following stages:

(1) Trial preparation

Court trial preparation is the preparation for the trial before the people's court formally hears the case on the basis of the case. Prepare various preparations to ensure the smooth progress of the case trial. According to the provisions of the Civil Procedure Law, court trial preparation includes:

1. Summon the parties and notify other litigation participants to appear in court to participate in the litigation. The people's court shall serve the summons on the parties and the notice of appearance on other litigation participants three days before the hearing. The summons and notice shall specify the cause of the case, the time and place of the hearing, to ensure that the parties and other litigation participants are prepared to participate in the court hearing. Be prepared.

2. For cases that are heard in public, the people's court shall announce the names of the parties, the cause of the case, and the time and place of the hearing three days before the hearing. The announcement can be posted on the bulletin board of the court, and for circuit hearings, it can be posted at the place where the case occurred or other relevant places. Its purpose is to strengthen the understanding and supervision of the trial activities of the people's courts by the news media and the public, and to ensure the fairness and efficiency of case trials.

3. Find out whether the parties and other litigation participants are present in court, and declare court discipline. Before a formal trial begins, the clerk shall check whether the plaintiff, defendant, third party, litigation agent, witness, appraiser, translator, etc. are present in court, and report to the presiding judge. At the same time, court discipline was announced and all litigation participants and observers were informed that they must abide by it.

4. During the trial, the presiding judge will check the parties. The order of the check is the plaintiff, the defendant, and the third party. The content of the check includes name, gender, age, ethnicity, place of origin, work unit, occupation and residence. If the parties are legal persons or other organizations, check the names and positions of their legal representatives and main administrative persons. For litigation agents, their qualifications and authority should be ascertained. After the verification is completed, the presiding judge shall announce the cause of the case, announce the list of judges and clerks, inform the parties of the relevant litigation rights and obligations, and ask the parties whether they have applied for recusal.

(2) Court investigation

The main task of court investigation is for the judges to comprehensively investigate the facts of the case in court, review and verify various evidences, and ensure the correct determination of the facts and application of the case. The law lays the foundation. In accordance with the Civil Procedure Law and the Supreme Court's "Several Provisions on Evidence in Civil Litigation", court investigation mainly includes two contents: first, the statements of the parties; second, the presentation of evidence and cross-examination.

1. Statement of the parties

First, the plaintiff orally states his claim and the facts and reasons on which it is based, and then the defendant states the facts of the case and his different opinions. If the defendant files a counterclaim, he shall state the claims of the counterclaim and the facts and reasons on which they are based. If there is a third party in litigation, the third party with an independent right of claim shall first state the claim and the facts and reasons on which it is based, and then the third party without an independent right of claim shall admit or deny the statements of the original and defendant. Reply comments. If the party has an agent ad litem, the agent ad litem may make a statement or reply, or the agent ad litem may supplement the statement or defense after the party has completed the statement or defense. The judges have the right to inquire about the facts of the case, summarize the focus of disputes in the case or the key points of the court's investigation, and solicit the opinions of the parties.

2. Presentation of evidence and cross-examination

After the parties’ statements, the relevant evidence of the case must be displayed in court and cross-examined by the parties. However, the evidence recognized by the parties and recorded in the file during the evidence exchange process can be used as the basis for determining the facts of the case after being explained by the judge during the trial, and does not need to be cross-examined in court.

Cross-examination is an important part of my country’s civil litigation evidence system and an important part of the trial stage of civil litigation. It refers to the activities in court hearings in which both parties, under the organization of the judges, question, explain and refute the authenticity, relevance and legality of the evidence, as well as the probative power of the evidence.

Article 66 of the "Civil Procedure Law" stipulates: "Evidence shall be presented in court and cross-examined by the parties." Article 47 of the Supreme Court's "Several Provisions on Evidence in Civil Procedures" stipulates: "Evidence shall be presented in court and cross-examined by the parties "Evidence without cross-examination cannot be used as a basis for determining the facts of the case." If the case has two or more independent litigation claims, the parties may present the evidence one by one for cross-examination. Evidence involving state secrets, business secrets, personal privacy, or other evidence that should be kept confidential as prescribed by law shall not be publicly cross-examined during court sessions. According to Article 51 of the "Several Provisions on Evidence in Civil Litigation" of the Supreme Court, the order of cross-examination by the parties is: the plaintiff presents evidence, the defendant and the third party cross-examine with the plaintiff; the defendant presents evidence, the plaintiff, the third party cross-examines with the defendant; The third party presents evidence, and the plaintiff, defendant and the third party conduct cross-examination.

According to the provisions of the Civil Procedure Law, various types of evidence are presented in the following order and cross-examined by the parties:

(1) Witness testimony. Witnesses shall appear in court to testify upon application by the parties concerned and permission from the People's Court. Before testifying, judges should confirm the identity of the witness, inform the witness of his rights and obligations, and require him to provide testimony objectively and truthfully. Witnesses who testify in court should objectively state the facts they personally perceive and accept questioning from the parties. If a witness is deaf-mute, he may testify through other means of expression. Witnesses who really have difficulties and are unable to appear in court may, with the permission of the People's Court, submit written testimony or audio-visual materials or testify through two-way audio-visual transmission technology. Witnesses shall not use speculation, inference or commentary language when testifying. Judges and parties may question witnesses. In order to ensure the authenticity and objectivity of the testimony provided by witnesses, witnesses are not allowed to observe the court proceedings; other witnesses are not allowed to be present when questioning witnesses. The People's Court may allow witnesses to cross-examine if it deems it necessary.

(2) Documentary evidence, physical evidence and audio-visual materials. The documentary evidence, physical evidence and audio-visual materials presented in court include evidence provided by the parties, as well as evidence collected by the people's court through investigation. The evidence collected by the people's court upon investigation based on the party's application shall be used as evidence provided by the party making the application. The presentation of documentary evidence and physical evidence must be done by the bailiff. When audio-visual materials are presented, the demonstration must be played in court. If necessary, the recording staff must appear in court to explain the recording process and circumstances. When cross-examining documentary evidence, physical evidence, and audio-visual materials, the parties have the right to demand the production of the original or the original of the evidence. However, if it is really difficult to produce the original or the original and the people's court permits the production of copies or reproductions, or the original or the original If it no longer exists, but there is evidence to prove that the copy or reproduction is consistent with the original or the original thing, the copy or reproduction may be produced.

(3) Identification conclusion. When the parties appear in court, the appraiser or judge will read out the appraisal conclusion in court and accept questions from the parties. If the appraiser is indeed unable to appear in court due to special reasons, the judge will read out the appraisal conclusion, and with the permission of the People's Court, the appraiser may respond in writing to the party's inquiry. With the permission of the court, the parties may ask questions to the appraiser who appears in court. If the party concerned is dissatisfied with the appraisal conclusion, he or she may apply for re-appraisal. Whether or not the appraisal is allowed will be decided by the court.

(4) Inspection records. The inspection record shall be read out in court by the inspector or judge. With the permission of the court, the parties may ask questions to the examiner. The parties concerned may apply for re-inspection, and the court shall decide whether to allow it.

If the evidence that has been cross-examined in court can be immediately identified, it should be identified immediately; if it cannot be identified immediately, it can be identified after an adjournment of the court session.

The parties can present "new evidence" in court. “New evidence” here refers to evidence newly discovered by the party after the expiration of the time limit for producing evidence in the first instance and evidence that the party was unable to provide within the time limit for producing evidence due to objective reasons and cannot be provided within the extended time limit with the permission of the People’s Court. New evidence submitted by the parties or conclusions obtained from re-appraisal or inspection with permission must be held in court again for cross-examination. If the court decides to hold another hearing, the presiding judge shall summarize the circumstances of the current hearing, point out the evidence that has been confirmed in the trial, and indicate the focus of the investigation at the next hearing.

During the second court hearing, only matters that have not been investigated will be investigated and tried, and evidence that has been investigated, cross-examined and identified will not be tried again.

Before the court investigation ends, the presiding judge shall summarize the facts found in the court investigation and the issues disputed by the parties, and ask the parties for their opinions.

(3) Court debate

Court debate is when the parties and their attorneys state their opinions and opinions under the auspices of the collegial panel based on the facts and evidence found during the court investigation stage. opinions, and litigation activities in which each other makes verbal arguments. Court debate is the most vivid and concentrated embodiment of the principle of debate. The parties and their litigation attorneys conduct oral arguments with each other based on the facts and evidence reviewed during the court investigation stage and around the focus of disputes in the case, and strive for the collegial panel to make a ruling in their favor. At the same time, through debate, judges can grasp the key points of the case, which helps to clarify the facts of the case and distinguish right from wrong.

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

1. The plaintiff and his litigation attorney speak. When both the plaintiff and the litigation attorney appear in court, the plaintiff will generally speak first, followed by the litigation attorney's supplement. The speech is mainly to demonstrate one's own views and claims, and to refute the facts and reasons raised by the defendant during the court investigation, rather than to repeat the content of the statements made during the court investigation stage.

2. Defendant and his litigation attorney. The defense of the defendant and his litigation attorney is not a simple repetition of his statements and defense during the court investigation stage, but an opinion and defense based on the statements made by the plaintiff and his litigation attorney to prove that the plaintiff's claim is illegal. It should not be upheld by the courts.

3. The third party and its litigation agent speak or respond. A third party with an independent right to claim believes that both the plaintiff and the defendant have violated its legitimate rights and interests. Therefore, its speech or defense is to refute the facts, reasons and requests claimed by the plaintiff and defendant, thereby proving that its legitimate rights and interests should be violated. Protect. A third party without an independent right of claim is a party with whom he has a legal relationship in this litigation, and his relationship with that party is both antagonistic and unified. When targeting the other party, they are unified, and a third party without independent claim rights assists the other party in answering and rebutting the facts and claims asserted by the other party. When it comes to the enjoyment of rights or the assumption of responsibilities in a participating lawsuit, the relationship between them is antagonistic. At this time, a third party without independent claim rights may raise facts, reasons and claims against the party with whom it has a legal relationship. Answer and argue. Liu Jiaxing and Cong Qingru edited: "Civil Procedural Law", People's Court Press, 2002 edition, page 96.

4. Debate with each other. Judges should guide the parties to debate around the focus of the dispute. If the statements of the parties and their agents ad litem are irrelevant to the case or repeat facts that have not been recognized by the court, the judges shall stop them. When necessary, the presiding judge may, based on the circumstances of the case, limit the time for the parties and their litigation representatives to express their opinions each time. If a party requests to continue the debate after one round of debate, the next round of debate may be conducted, but the content of the first round of debate shall not be repeated. During court debates, judges are not allowed to express opinions on the nature of the case, the rights and wrongs of responsibilities, and are not allowed to debate with the parties. During the court debate, if the parties and their attorneys bring forward new facts and evidence, the collegial panel may decide to stop the debate, resume court investigation, and then continue the debate after finding out the facts. If it is difficult to find out in court and there are doubts about the judgment of the case If the impact is significant, the trial may be postponed. After the court debate ends, the presiding judge will solicit the final opinions of all parties in the order of the plaintiff, defendant, and third party.

After the court debate is over, if the facts of the case are clear, the presiding judge should ask the parties whether they are willing to mediate. If the parties are willing to mediate, it can be done in court or after an adjournment. After mediation, if both parties reach an agreement, they shall sign and seal the mediation agreement. The people's court shall prepare a mediation letter based on the mediation agreement reached by both parties and serve it to the parties.

If the two parties reach an agreement and complete the performance immediately, and do not require the issuance of a mediation letter, it shall be recorded in the transcript, and it will be legally effective after the signatures or seals of both parties, members of the collegial panel, and the clerk. If mediation fails, the collegial panel shall make a timely ruling.

(4) Case evaluation and pronouncement of judgment

This is the final stage of the trial. It is the time when the collegial panel distinguishes right from wrong and makes clear decisions based on the facts and evidence that have been ascertained and in accordance with laws and policies. Responsibility, making a judgment and announcing the judgment result, thereby resolving the civil dispute between the parties.

1. Deliberation by the collegial panel

If mediation fails after the court debate, the collegial panel shall adjourn the hearing and enter the deliberation room for deliberation. During the deliberation, the collegial panel should determine the nature of the case, determine the facts of the case, distinguish right from wrong, correctly apply the law, and make the final decision on the case based on the court investigation and court debate. The collegial panel reviews cases, presided over by the presiding judge and conducted in secret. When the collegial panel has different opinions, the principle of the minority obeying the majority shall be implemented, but the minority opinions must be truthfully recorded in the transcript. The minutes of deliberation are prepared by the clerk, signed or stamped by the members of the collegial panel and the clerk, filed for future reference, and shall not be made public. After the deliberation is completed, a judgment shall be prepared and signed by the members of the collegial panel.

2. Declare the judgment

The contents of the judgment include: the facts found, the applicable law, the results and reasons of the judgment, the burden of litigation costs, the parties’ right to appeal, and the appeal period and the Court of Appeal.

There are two ways to pronounce a verdict: one is to pronounce the verdict in court. That is, after the collegial panel's deliberations, the presiding judge announces the continuation of the trial and reads out the verdict. After the verdict is announced, the verdict will be sent to the relevant personnel within 10 days. The other is regular sentencing. That is, if the judgment cannot be pronounced in court, another date will be set for the judgment. The judgment shall be issued immediately after the regular pronouncement.

Whether it is a case heard in public or in private, the verdict will be announced publicly. When a divorce judgment is announced, the parties should be informed that they are not allowed to get married again before the judgment takes effect.

3. Court transcripts

Court transcripts are the clerk’s records of court hearing activities. When making court transcripts, the entire process of the court trial should be recorded objectively, truly and comprehensively in the order of each stage of the trial, and should be signed by the members of the collegial panel and the clerk. The court transcript will be read out by the clerk, and the parties and other litigation participants may also be notified to read it in court or within 5 days. After the court transcript is read or read, if the parties and other litigation participants believe that the record is correct, they shall sign or seal the transcript; if they refuse to sign or seal, the circumstances shall be noted and attached to the file; if they believe that there are omissions or errors in the recording of their statements , if you apply for corrections, you are allowed to make corrections at the end of the transcript or on another page.

IV. Time limit for trial conclusion

Article 135 of the "Civil Procedure Law" stipulates the following provisions for the time limit for trial conclusion of ordinary procedures: "A case heard by the people's court applying ordinary procedures shall be filed after the case is filed. The trial will be concluded within 6 months from the date of the trial. If there are special circumstances that require an extension, it can be extended for 6 months with the approval of the president of this court; if it still needs to be extended, it must be submitted to the superior people's court for approval. "Because the Civil Procedure Law requires another extension. The time limit for submitting the application to the superior people's court for approval is not clear. Therefore, in theory, there is no maximum time limit for applying ordinary procedures to hear civil cases. The Supreme Court's "Several Provisions on Strict Implementation of the Time Limit System for Case Trial", which came into effect in September 2000, made up for this legislative flaw. According to the provisions of this judicial interpretation, the time limit for first-instance civil cases that are subject to ordinary procedures is 6 months; if there are special circumstances that require an extension, an application should be submitted to the President of this court 10 days before the expiration of the trial time limit, and the time limit shall be approved by this court. With the approval of the president, it can be extended for 6 months. If it needs to be extended, it should be submitted to the people's court at the next higher level for approval 10 days before the expiration of the trial period, which can be extended for another 3 months.

The trial period for civil cases is calculated from the day after the case is filed. The following periods are not included in the trial period: first, the period during which civil cases are announced and appraised; second, the period during which jurisdiction objections raised by parties are heard and jurisdictional disputes between courts are handled; third, the period during which litigation is suspended.

The date on which the People’s Court’s judgment, ruling or mediation letter is delivered to the last party shall be the date the case is concluded. If the judgment is served with lien, the case will be concluded on the day the judgment document is left at the domicile of the person to be served; if the judgment is served by announcement, the case will be concluded on the date the announcement is published; if the case is served by mail, the case will be concluded on the date of posting; If the unit forwards the case for service, the date signed by the party on the service receipt shall be the time for closing the case. If it is necessary to entrust the pronouncement and service of the judgment, the people's court that entrusts the pronouncement and service of the judgment shall deliver the judgment, ruling, and mediation letter to the entrusted people's court before the expiration of the trial period. The People's Court that entrusts the power of attorney shall serve it within 7 days after receiving the letter of entrustment.