Speaking of civil litigation, I believe everyone must be familiar with it. We often choose this way to solve civil disputes, and our laws also have certain requirements for the composition of the first-instance personnel in civil litigation. Moreover, at the time of trial, it is necessary to follow certain procedures. How much do you know about the relevant knowledge?
▲ First, the composition of the first-instance personnel in civil litigation
In civil litigation, the members of the collegial panel of first instance are composed of judges and jurors, while the trial of civil cases of second instance is composed of judges. Of course, as in the first instance, the number of members of the collegial panel must be odd.
▲ Second, the trial procedure of the case
The people's courts must strictly follow legal procedures when trying civil cases through ordinary procedures. According to the provisions of the Civil Procedure Law, the trial is divided into the following stages:
(1) trial preparation
Trial preparation is the preparatory work made by the people's court to ensure the smooth trial of the case before the formal substantive trial. According to the provisions of the Civil Procedure Law, the contents of pre-trial preparation include:
1. Summon the parties and notify other participants to attend the proceedings in court. The people's court shall serve the summons on the parties and the notice of appearance on other litigants three days before the court session. The summons and notice shall specify the cause of action, the time and place of the hearing, so as to ensure that the parties and other litigants are fully prepared.
2. For a case tried in public, the people's court shall announce the names of the parties, the cause of action, the time and place of the hearing 3 days before the hearing. The announcement can be posted on the bulletin board of the court, or at the place where the case is filed or other places related to the circuit trial.
3, find out whether the parties and other participants in the proceedings to appear in court, announced the court discipline. Before the formal hearing, the clerk shall find out whether the plaintiff, defendant, third party, agent ad litem, witness, expert witness and translator are present at the court. Appear in court and report to the presiding judge. At the same time, the court discipline was announced, and all participants and observers in the proceedings were informed that they must abide by the discipline.
4. During the trial, the presiding judge shall check the parties in the order of plaintiff, defendant and third party, including name, sex, age, nationality, place of origin, work unit, occupation and residence.
(2) court investigation
The main task of court investigation is that the judge comprehensively investigates the facts of the case in court, examines and verifies all kinds of evidence, and lays the foundation for correctly identifying the facts of the case and applying the law. According to the provisions of the Civil Procedure Law and the Supreme Court on evidence in civil proceedings, court investigation mainly includes two contents: one is the statement of the parties; The second is to produce evidence and cross-examination.
1. Statement of the parties
2. Show evidence and cross-examine.
After the parties have finished their statements, the relevant evidence of the case must be presented in court and accepted by the parties for cross-examination. However, the evidence recognized and recorded by the parties in the process of evidence exchange, after being explained by the judge in court, can be used as the basis for determining the facts of the case without cross-examination in court.
(1) witness testimony.
(2) Documentary evidence, material evidence and audio-visual materials.
(3) Appraisal conclusion.
(4) Inspection records.
If the evidence cross-examined in court can be identified immediately, it shall be identified immediately; If it cannot be determined immediately, it may be determined after an adjournment.
Before the end of the court investigation, the presiding judge shall summarize the facts ascertained by the court investigation and the disputed issues of the parties, and ask the opinions of the parties.
(3) Court debate
Court debate is a litigation activity in which the parties and their agents ad litem, under the auspices of the collegiate bench, clarify their views and opinions and debate with each other according to the facts and evidence ascertained in the court investigation stage. A court debate is a debate.
On the most vivid and concentrated embodiment of principles. In view of the facts and evidence examined in the court investigation stage, the parties and their agents ad litem have oral debates with each other around the focus of the case dispute, and strive for the collegial panel to make a judgment in favor of themselves.
Referee. At the same time, through the debate, the judge can grasp the key points of the case, which is helpful to find out the facts of the case and distinguish right from wrong.
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 the facts, reasons and arguments advocated by the plaintiff and the defendant.
Ask for a rebuttal to prove that your legitimate rights and interests should be protected. A third person who has no independent claim is a party who has a legal relationship with him in this lawsuit, and his relationship with this party is both right and wrong.
Standing is 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. Speaking of reference
Coupled with the enjoyment of rights or the commitment of responsibilities in litigation, there is an antagonistic relationship between the two. At this time, the third party without independent claim can reply and reply to the facts, reasons and requests of the parties who have legal relations with it.
Refute. Liu Jiaxing and Cong Qingru, Civil Procedure Law, People's Court Press, 2002, p. 96.
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.
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. After mediation, the two sides reached an agreement.
The conciliation statement shall be signed and sealed. The people's court shall make a conciliation statement according to the conciliation agreement reached by both parties and serve it on both parties. Both parties shall perform their obligations immediately after reaching an agreement, and if they do not require the preparation of a conciliation statement, they shall prepare a conciliation statement.
When recorded in the record, it has legal effect 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.
5. The case evaluation and judgment announced that this was the final stage of the trial.
It is a stage in which the collegial panel distinguishes right from wrong, clarifies responsibility, makes a judgment and announces the judgment result according to the ascertained facts and evidence and laws and policies, so as to solve the civil disputes between the parties.
(1) collegial panel review
(2) pronounce judgment
The contents of the judgment include: the facts ascertained, the applicable law, the results and reasons of the judgment, the burden of litigation costs, the right of appeal of the parties, the time limit for appeal and the court of appeal.
(4) court transcripts
The court record is the clerk's record of the trial activities.
(5) Closing time limit
Article 135 of the Civil Procedure Law stipulates the time limit for concluding ordinary procedures as follows: "A case tried by a people's court through ordinary procedures shall be concluded within six months from the date of filing the case.
To sum up, the composition of the first-instance personnel in civil litigation is different from that of the second-instance personnel. Members of the collegial panel are generally composed of judges and jurors. In addition, in the trial of civil cases, there is a certain process, which requires trial preparation, court investigation and other steps.