Who are there in court?

Question 1: Who are there in the court? This court is different from the civil court.

Criminal court: clerk/bailiff/prosecutor (public prosecutor)/victim (or victim's legal representative)/defendant/judge/lawyer.

If it is a criminal private prosecution case, there is no public prosecutor.

Civil court: clerk/plaintiff/defendant/judge/lawyer.

Witnesses and experts do not have to appear in court. The relevant certification materials or appraisal of the accident may be signed and sealed. (In China, witnesses and experts from European and North American countries are generally required to appear in court. )

Civil courts generally have no bailiffs.

Some cases cannot be tried (juvenile cases, involving personal privacy, state secrets, business secrets, etc.). ).

Now people's jurors have appeared in some places.

Question 2: Who are there in the imperial court? Some courts are divided into two areas: the trial area and the audit area. Only the collegial panel, the original defendant (prosecutor) and the bailiff are allowed to appear in the trial area. The public gallery allows citizens who hold public hearings to attend.

In the trial area of civil and administrative courts, there is generally a collegial panel composed of one presiding judge, several judges, several clerks and both the original and the defendant, and judicial police are on duty as appropriate. Public gallery: looking at some people without knowing the truth.

The trial area of a criminal court generally has a collegial panel composed of a presiding judge, several judges, several clerks, one or two prosecutors, several defenders and bailiffs. Public gallery: don't know the truth, watch the crowd.

Question 3: Who are the characters in the imperial court? Let's take the ordinary civil court as an example.

Judge, try this case.

Plaintiff, file a lawsuit.

Defendant, answer the lawsuit.

Clerk, take notes.

There are also witnesses, inspectors, translators, etc. These people are dispensable.

Question 4: Who is in court? (e.g. the presiding judge) The summary court for everyone is composed of 1 judge, 1-2 plaintiffs and their agents, 1-2 defendants and their agents, and a third person.

The collegial panel consists of 1 presiding judge, 2 judges or people's jurors, 1-2 plaintiffs' agents, 65,438 defendants and their agents, and a third party.

Before the court session, the clerk shall find out whether the parties and other participants in the proceedings appear in court and announce the court discipline.

At the hearing, the presiding judge shall check the parties, announce the cause of action, announce the list of judges and clerks, inform the parties of their litigation rights and obligations, and ask the parties whether to apply for withdrawal.

The court investigation is conducted in the following order:

(a) Statements of the parties;

(2) Inform witnesses of their rights and obligations, witness to testify, and read out the testimony of witnesses who did not appear in court;

(three) to produce documentary evidence, material evidence and audio-visual materials;

(4) Reading out the appraisal conclusion;

(5) Reading the record of the inquest.

The parties may present new evidence in court.

With the permission of the court, the parties may ask questions to witnesses, expert witnesses and inspectors.

If a party requests a new investigation, appraisal or inspection, the people's court shall decide whether to grant it or not.

If the plaintiff adds a claim, the defendant files a counterclaim, and a third party files a claim related to this case, the trial may be combined.

The court debate is conducted in the following order:

(a) the plaintiff and his agent ad litem to 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.

At the end of the court debate, the presiding judge shall consult the final opinions of all parties in the order of plaintiff, defendant and third party.

At the end of the court debate, a judgment shall be made according to law. Mediation can be conducted before the judgment, and mediation can also be conducted. If mediation fails, a judgment shall be made in time.

The clerk shall record all the activities of the court hearing in the record, which shall be signed by the judges and the clerk.

The court record shall be read out in court, or the parties and other participants in the proceedings may be notified to read it in court or within five days. If the parties and other participants in the proceedings think that their statements are omitted or wrong, they have the right to apply for correction. If no correction is made, the application shall be recorded.

The court record shall be signed or sealed by the parties and other participants in the proceedings. Refuse to sign and seal, record the situation and attach a volume.

Question 5: Who is the collegial panel of the court? The collegiate bench is an organizational form in which three or more judges and people's jurors try cases together.

The collegial panel of first instance is composed of judges or judges and jurors. As for which cases should be tried by the collegiate bench, there is no other provision in the law except that the civil procedure law stipulates that the trial of voter cases or major and difficult non-litigation cases must be composed of judges, and the people's courts can decide on their own according to the circumstances of the cases.

The collegial panel of the court of second instance can only be composed of judges. The characteristics of collegiate bench are: the composition of collegiate bench must be singular, with at least three people, and the principle that the minority is subordinate to the majority is implemented. Minority opinions can be reserved, but they must be recorded in the record. In a collegial panel composed of judges and jurors, jurors enjoy the same rights as judges. In accordance with the provisions of the Organic Law of the People's Court and the criminal, civil and administrative procedural laws, the people's courts try criminal, civil and economic disputes of first instance. Except for some simple cases, all other cases are tried by a collegiate panel composed of three judges or three judges and people's jurors. All administrative cases of first instance shall be tried by a collegial panel; Cases of second instance, retrial cases and death penalty review cases are all tried by the collegiate bench.

The members of the collegial panel are not fixed, but temporary, and a judge is appointed by the president or the court as the presiding judge. When the president or chief judge takes part in the trial of a case, he/she acts as the presiding judge himself/herself.

However, due to the undertaker system, the court is not independent, the quality of judges and many other reasons, the essence of collegiate system and collegiate system (appraisal system) exists in name only. In the case that the presiding judge is in charge and others accompany him without trial.

Question 6: There may be several defenders in the court. Article 58 of the Civil Procedure Law stipulates that the parties and their legal representatives may entrust one or two persons as agents ad litem.

Question 7: Who are there in the court? Participants in the proceedings?

Judges: presiding judges, judges and jurors.

office worker

Litigants: plaintiff, defendant, third party and their agents ad litem.

Others: witnesses, experts, etc.

The criminal court also has bailiffs and victims. The "original defendant" was renamed as the public prosecutor and the defendant, and the defendant's agent ad litem was generally called the defender. ...

Looks like it's all here.

Question 8: What does it mean to be a public official in court? According to the Rules of People's Republic of China (PRC) People's Court, there is no concept and title of "public official" in the court.

Legal link: In the Rules of People's Republic of China (PRC) People's Court, the person and his position are 1, and he is a participant in the proceedings;

2. Media reporters;

3. Witnesses, experts and victims;

4. Prosecutors, lawyers and defendants;

5. People entering the court

6. Observers;

7 minors without the approval of the people's court;

8. Those who refuse to accept security inspection;

9. Drunken, mentally ill or other people with abnormal mental state;

10, other persons who may endanger the security of the court or disturb the order of the court;

1 1, persons who appear in court to perform their duties;

12, investigator;

13, defendant or appellant in criminal detention;

14, clerk, judge, presiding judge or sole judge, judicial police;

15, foreigners, stateless persons, foreign media reporters;

Question 9: Who are there in the court? This court is different from the civil court.