The Opinions on Strengthening the Public Trial in People's Courts (hereinafter referred to as the Opinions) clarifies that the basic principles of public trial in people's courts are openness in accordance with the law, openness in time and openness in an all-round way. "The people's courts must strictly implement the provisions of the Criminal Procedure Law, the Civil Procedure Law, the Administrative Procedure Law and relevant judicial interpretations on the scope of public hearing of cases. If the case should be heard in public, it must be heard in public."
Take the initiative to fulfill six notification obligations
In view of the outstanding problems that affect the parties to correctly exercise their litigation rights, the Opinions stipulate six aspects of the obligation of informing that the people's courts should perform.
These six notification obligations are:
-If the prosecution materials and procedures of the parties are incomplete, the parties shall be fully informed of the materials and procedures that should be submitted at one time as far as possible, and the people's court with conditions shall inform them in writing. Can fill in on the spot, the filing staff should guide the parties to fill in on the spot.
-For cases that decide to apply ordinary procedures, the parties concerned shall be informed of the applicable trial procedures and relevant litigation rights and obligations in the Notice of Case Acceptance and the Notice of Respondent. If a decision is made to change from the application of summary procedure to the application of ordinary procedure, the parties concerned shall be informed of the contents, facts and legal basis of the decision in a timely manner after the decision is made.
-If the parties and their agents ad litem request the people's court to investigate and collect evidence, they shall submit a written application. If the people's court decides to investigate and collect evidence, it shall promptly inform the applicant and other parties. If it decides not to investigate and collect evidence, it shall make a written notice explaining the reasons for not investigating and collecting evidence, and deliver it to the applicant in time.
-If the people's court decides to take property preservation measures or execute them first, it shall specify the facts and legal basis for taking property preservation measures or executing them first, as well as the types and amounts of guarantees provided by the applicant or the facts and legal basis for exempting the guarantees. If the people's court decides not to take property preservation measures or to implement them first, it shall make a ruling, and the relevant facts and legal basis shall be stated in the ruling.
-If the applicant for execution provides clues about the property of the person subjected to execution to the people's court, the people's court shall decide whether to investigate as soon as possible after receiving the relevant clues. If it decides not to investigate, it shall inform the application executor of the specific reasons. If the people's court investigates the property status of the person subjected to execution according to the clues provided by the application executor or ex officio, it shall inform the application executor of the investigation results in time after the investigation is completed. If the person subjected to execution declares the property to the people's court, the people's court shall promptly inform the applicant of the property declared by the person subjected to execution after receiving the declaration.
-The people's court shall announce the conditions and procedures for selecting intermediaries such as evaluation and auction, make public selection, and timely publish the list of selected intermediaries. The people's court shall disclose the process and results of evaluation, auction and sale to the parties and interested parties; If the auction or sale cannot be carried out in time, the reasons shall be explained to the parties and interested parties.