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What are the steps in the trial stage and the order of court investigation?

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What are the steps in the trial stage and the order of court investigation?


        

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  • 2024-06-14 12:00:48

    1、 According to the relevant laws and regulations of the Civil Procedure Law of the People's Republic of China, the steps of the court session can be divided into five stages: (1) Before the court session is announced, the clerk should first check whether the public prosecutor, parties, witnesses and other litigation participants are present in court, read the court rules to the litigation participants and the audience, and invite the presiding judge and judges to sit, And report to the presiding judge that the preparatory work before the hearing has been completed. (2) The presiding judge shall announce the opening of the court session, summon the parties to appear in court, find out the name, age, nationality, native place, place of birth, educational level, occupation, address, etc. of the parties, and the date of receiving the copy of the People's Procuratorate's indictment and the date of receiving the incidental civil action. (3) The presiding judge shall announce the source of the case, the cause of action and whether or not to hear the case in public, and announce the reasons for not hearing the case in public. (4) The presiding judge announces the list of the members of the collegial panel, the court clerk, the public prosecutor, the defender, the agents ad litem, the expert witnesses and the interpreters, and informs the parties, legal representatives, the defenders and the agents ad litem of the litigation rights they enjoy according to law in the course of the court trial, including: the parties and legal representatives have the right to have access to the members of the collegial panel, the court clerk, the public prosecutor Appraisers and interpreters apply for withdrawal; The defendant has the right to defend himself or entrust others to defend according to law; The parties and defenders may apply to the presiding judge to question the witnesses and expert witnesses or to the presiding judge for permission to directly question them. The parties and defenders may, in the course of court proceedings, present evidence to prove the defendant's innocence, misdemeanor, or mitigation or exemption from criminal responsibility. With the permission of the presiding judge, the parties, defenders and agents ad litem may express their opinions on the facts of the case and relevant evidence, and debate with each other; The defendant has the right to make a final statement after the end of the court debate. (5) The presiding judge shall respectively ask the parties and their legal representatives whether they apply for withdrawal. If the parties, the legally applying judges and the procurators who appear in court to support the public prosecution withdraw, the collegial panel shall deal with them in accordance with the provisions of the Criminal Procedure Law on withdrawal if it considers that the legal situation is met; If it considers that the case is not in conformity with the statutory circumstances, it shall be rejected in court and the trial shall continue. If the person applying for withdrawal applies for reconsideration in court, the collegial panel shall announce an adjournment and decide whether to continue the court hearing after the reconsideration decision is made. The decision to approve or reject the withdrawal application and the reconsideration decision shall be announced by the presiding judge, with reasons. When necessary, the president may also make an announcement in court. 2、 The order of court investigation According to Article 138 of the Civil Procedure Law of the People's Republic of China, the court investigation shall be conducted in the following order: (1) the parties' statements; (2) The witness testifies in court; (3) Present documentary evidence, physical evidence and audio-visual materials; (4) Read out the signed conclusion; (5) Read out the records of the inquest. Then let's extend this issue to: relevant regulations: according to the Civil Procedure Law of the People's Republic of China, if one of the following circumstances occurs in Article 150, the lawsuit shall be suspended: (1) one party dies and needs to wait for the heir to indicate whether to participate in the lawsuit; (2) One of the parties has lost the capacity for litigation and has not yet determined its legal representative; (3) The legal person or other organization as a party terminates, and the successor of rights and obligations has not been determined; (4) One party is unable to participate in the litigation due to force majeure; (5) The current case must be based on the trial result of another case, but the other case has not been concluded; (6) Other circumstances where the litigation should be suspended. After the reasons for the suspension of the proceedings are eliminated, the proceedings shall be resumed. Article 151 Under any of the following circumstances, the litigation shall be terminated: (1) The plaintiff dies without a successor, or the successor waives his litigation rights; (2) The defendant died without inheritance and no person who should assume the obligation; (3) A party to a divorce case dies; (4) One of the parties in the case of claiming alimony, maintenance, upbringing and termination of the adoptive relationship dies.

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