The notice of hearing is exclusive to the people's court, and the law firm has no right to decide when to hold a hearing. That is, the judicial power can only be exercised by the people's court, so the law firm has no right to notify the court time, and only the court has the right to notify.
Article 6 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that the judicial power of civil cases shall be exercised by the people's courts. The people's courts try civil cases independently in accordance with the law and are not subject to interference by administrative organs, social organizations or individuals.
Extended data
From 1 month 1997 to 1 month 10, 2003, the People's Court of Nanguan District, Kaifeng City, Henan Province concluded 728 criminal cases, of which 42 13 people should testify in court. However, after the judge patiently worked and explained the interests and obligations of witnesses, only 46 people were reluctant to appear in court and volunteered to appear in court. Its proportion is only 1%. ?
According to the provisions of the Criminal Procedure Law, the testimony of witnesses must be cross-examined by the public prosecutor, the victim, the defendant and the defender in court, and the testimony of all witnesses can be used as the basis for finalizing the case.
It can be said that the appearance of witnesses in court is one of the key factors to realize the openness and fairness of criminal trials. For those cases where there is no other evidence to prove the truth of the case except the defendant's confession and witness testimony, it is particularly important for witnesses to appear in court. ?
However, in criminal trial practice, a large number of witnesses are unwilling to testify in court. Due to the extremely low attendance rate of witnesses, a large number of written testimony has not been cross-examined by witnesses. If the other party denies that the book is testimony, it will be quite difficult for the judge to determine its authenticity, which will affect the quality of the trial to some extent.
The witness's reluctance to appear in court can be summarized into five "reasons":
1, weak legal awareness. Some citizens don't know that testifying is a legal obligation, and some people think that even if they know, they will not be punished. After receiving the notice to appear in court, you can often hide and push. If you are forced to appear in court, you will often avoid talking about key issues with a high attitude. ?
2. I am afraid of making a fool of myself on the spot. Some witnesses are unwilling to testify in court because of their poor psychological quality and expressive ability, and they are very nervous about the trial. Some witnesses are afraid of being asked about their personal privacy and are unwilling to testify in court. ?
3. Fear of retaliation. This is probably the main reason why the witness does not appear in court. Some witnesses were threatened by relevant personnel before the trial and were afraid to testify in court out of fear. ?
4, because of the relationship, or afraid of being implicated. Some witnesses think that their testimony is not conducive to the defendant or the victim, and they are afraid of offending people and are unwilling to testify; Some witnesses owe money to the defendant and refuse to testify in order to repay them; Some witnesses have an interest in the case itself and are afraid that their testimony will inadvertently reveal the real situation and implicate themselves, so they try to avoid testifying in court. ?
I am too busy at work to delay the time in court.
Reference: People's Network? Why is the witness attendance rate only 1%? ? Baidu encyclopedia? notice of trial