Trial is the core stage of court trial procedure. The trial procedure can be divided into three basic stages: pre-trial preparation, trial (that is, trial in court) and effective judgment execution. The result of the trial is a judgment (that is, a judgment or ruling), and the judgment made by the court becomes an effective judgment after meeting the effective conditions, and the effective judgment enters the execution procedure.
Trial in court is the stage when the collegial panel conducts substantive trial of the case. The main ways are public trial and closed trial. Among them, public trial is the principle, and closed trial is the exception or supplement. Take civil litigation as an example: According to Article 120 of the Civil Procedure Law, the people's court shall try civil cases in public unless it involves state secrets, personal privacy or otherwise provided by law. Divorce cases and cases involving commercial secrets may be heard in private upon the application of the parties. It can be seen that divorce cases are generally heard in public, but if the parties apply for a non-public hearing, they can not hear it in public, and the decision is in the people's court. The reason why the law stipulates that "if a party applies for a non-public hearing, it can be heard in private" is because divorce cases have their particularity. During the trial, there may be personal privacy and emotional content that you are unwilling to disclose. Therefore, if the parties apply for a closed hearing, the court will generally allow it. First of all, the clerk finds out whether the parties and other participants in the proceedings appear in court and announces the court discipline;
Secondly, the presiding judge announces the hearing, checks the parties, announces the cause of action, announces the list of judges and clerks, informs the parties of their litigation rights and obligations, and asks whether the parties apply for withdrawal;
Third, conduct a court investigation. The court investigation shall be conducted in the following order: (1) statements by the parties; (2) Inform witnesses of their rights and obligations, witness to testify in court, and read out the testimony of witnesses who did not appear in court. (three) to produce documentary evidence, material evidence, audio-visual materials and electronic data; (4) Reading out the appraisal opinions; (5) Reading the record of the inquest. At the same time, with the permission of the court, the parties may ask questions to witnesses, expert witnesses and inspectors.
Fourth, conduct court debates. The court debate is conducted in the following order: (1) the plaintiff and his agent ad litem speak; (two) the defendant and his agent ad litem reply; (three) the third person and his agent ad litem to speak or reply; (4) Debate with each other. After the court debate, the presiding judge shall consult the final opinions of all parties in the order of plaintiff, defendant and third party.
Fifth, comments and sentences. After the court debate or the defendant's final statement, the judge enters the appraisal room for deliberation and makes a judgment.