Whether to be present depends on the nature of the case, the identity of the parties and the legal provisions. In some cases, the parties may entrust an agent to appear in court or participate in the trial by video. However, in some important cases, such as criminal cases, the parties must attend the trial in person.
First, the nature of the case determines whether the parties need to be present.
For some civil disputes, such as contract disputes, property disputes, etc., the parties may entrust an agent to appear in court on their behalf or participate in the trial by video. However, in some cases involving personal rights, marriage and family and other important interests, such as divorce cases and custody disputes, the parties need to be present in person, so that the court can better understand the case and protect the legitimate rights and interests of the parties.
Second, does the influence of the identity of the parties need to exist?
For legal persons, organizations and other groups, parties may entrust agents to appear in court to participate in litigation. However, for natural person parties, especially cases involving personal rights and interests, the court usually requires the parties to be present in person to ensure that the true wishes and rights and interests of the parties are fully protected.
Third, the legal requirements for the parties to be present.
According to the Civil Procedure Law of People's Republic of China (PRC), the parties have the right to entrust agents to conduct litigation activities. However, in some cases, such as cases involving identity relations, the court may require the parties to appear in court in person. At the same time, in criminal cases, the defendant, as a party, must attend the trial in person so that the court can try him.
To sum up:
Whether the parties need to attend the hearing depends on the nature of the case, the identity of the parties and the legal provisions. In some civil dispute cases, the parties may entrust an agent to appear in court or participate in the trial by video. However, in cases involving personal rights and interests, marriage and family, criminal cases and other important interests, the parties concerned must attend the trial in person. Therefore, after receiving the notice of hearing, the parties concerned should carefully understand the nature of the case and relevant laws and regulations, and make a decision on whether to attend the hearing in person according to the actual situation.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 58 provides that:
The parties and legal representatives may entrust one or two persons as agents ad litem.
The following persons may be entrusted as agents ad litem:
(1) Lawyers and grassroots legal service workers;
(2) Close relatives or staff members of the parties concerned;
(three) citizens recommended by the community, units and relevant social groups where the parties are located.
Article 62 provides that:
If there is an agent ad litem in a divorce case, I should still appear in court unless I can't express my meaning; If it is really impossible to appear in court due to special circumstances, a written opinion must be submitted to the people's court.
Criminal Procedure Law of the People's Republic of China
Article 188 stipulates:
The people's court hears cases of first instance in public. However, cases involving state secrets or personal privacy shall not be heard in public; Cases involving commercial secrets may be heard in private upon the application of the parties.
For cases that are not heard in public, the reasons for not hearing in public shall be announced in court.