What is the trial procedure for civil lawsuits attached to criminal cases? Chapter 1 Pre-trial Preparation Article 1 The clerk shall check whether the trial facilities are complete and whether the sig

What is the trial procedure for civil lawsuits attached to criminal cases? Chapter 1 Pre-trial Preparation Article 1 The clerk shall check whether the trial facilities are complete and whether the signs are complete and in place. Article 2 The clerk shall check whether the parties and their agents ad litem are present in court. 1. Whether the plaintiff (appellant) XXX and his authorized agent XXX are the same; 2. Whether the defendant (appellee) XXX and his authorized agent XXX are present in court; the third party (the third party in the original trial, the plaintiff and the defendant in the original trial) XXX. Is the authorized agent XXX present in court? Article 3 The clerk announces that the parties and their authorized attorneys are invited to enter the court and take their seats. Article 4 The Clerk announces: Please be quiet, court discipline is now announced. According to the "Rules of the People's Court of the People's Republic of China", the following persons are not allowed to attend: minors under 18 years of age; mentally ill persons and drunk persons; persons deprived of political rights; persons serving sentences outside prison and persons under residential surveillance or released on bail pending trial. persons; persons carrying weapons and murderous weapons; other persons who may disrupt the order of the court. The parties, other litigation participants and observers must abide by the following disciplines: auditors must remain quiet and must not applaud, make noise or engage in other behaviors that hinder trial activities; 2. Observers are not allowed to move or enter the trial area; 3. The parties and other litigation participants are not allowed to leave the court, and are not allowed to speak or ask questions without the consent of the presiding judge. They should stand up when speaking, be civilized and polite, and are not allowed to attack or insult others; 4. No one is allowed to record or take photos in the court without the permission of the court. or video recording; 5. Smoking and spitting are prohibited; 6. Turn off communication equipment such as pagers and mobile phones. The court will give verbal warnings and reprimands to those who violate court discipline. If they do not heed the advice, the presiding judge can confiscate audio, video and photographic equipment, order them to leave the court, or impose fines and detention with the approval of the president. Anyone who seriously disrupts the order of the court, such as disturbing the order of the court, shall be investigated for criminal responsibility in accordance with the law. Article 5 The clerk announces that the presiding judge and members of the collegial panel of this case are now invited to enter the court and all stand up. Article 6 The clerk shall report to the presiding judge the appearance of the parties and their agents ad litem. Chapter 2 Trial Article 7 The presiding judge announced the opening of the hearing: The Civil Trial Chamber of the People's Court will be open today (not public) in accordance with the provisions of Article 120 of the Civil Procedure Law of the People's Republic of China (for second-instance cases, Article 152, Paragraph 1) A court session is held to hear a dispute between the plaintiff (or appellant) and the defendant (or appellee). (If the hearing is not held in public, the reasons must be stated). Section 1 Verification of the parties and their litigation agents Article 8 Verification of the identity of the parties. Presiding Judge: Now verify the identities of the parties and litigation attorneys. The plaintiff (or appellant) states his or her name, gender, date of birth, place of origin, occupation and residence to the court (states the name, occupation and residence of the litigation agent; the name, occupation and residence of the legal representative). The authorized agent states his or her identity and authority to the court. The defendant (or appellee), the third party (or the third party in the original trial, the plaintiff in the original trial, the defendant in the original trial) and their authorized agent state their identities to the court. Article 9 The presiding judge asks the parties: (Plaintiff or Appellant) whether he has any objection to the identity of the other party appearing in court? Does the defendant (or appellee) have any objection to the other party's identity in court? Does a third party (or plaintiff, defendant or third party in the original trial) have any objection to the identity of the original or defendant (or appellant or appellee) appearing in court? After all parties expressed no objections, the presiding judge announced: Article 10 If the defendant (or appellant) or a third party (or the third party in the original trial, the plaintiff in the original trial, or the defendant in the original trial) refuses to appear in court without justifiable reasons, the trial shall be announced: The defendant (or appellant), the third party (or the third party in the original trial, the plaintiff in the original trial, and the defendant in the original trial. Section 2 announces the list of members and clerks of the collegial panel. Article 11 Chief Judge: In accordance with the "Civil Procedure Law of the People's Republic of China" It is stipulated that a collegial panel shall be formed in accordance with the law to hear the case. Judge (or acting judge) XXX shall serve as the presiding judge, judge (or acting judge) XXX shall participate in the collegial panel, and the clerk XXX shall serve as the recorder. Accountant (engineer, translator) XXX shall be accepted by our court. Entrusted to serve as the expert (inspector, translator) in this case. Section 3 informs the parties of their litigation rights and obligations. Article 12 The presiding judge: 1. The right to apply for recusal. According to the provisions of Articles 45 and 46 of the Civil Procedure Law, the parties believe that the members of the collegial panel, the clerk, the appraiser, the examiner, and the translator have an interest in the case, or have other relations with the parties in the case, which may affect the case. If the case is heard fairly, the person has the right to apply for recusal, but the specific reasons should be stated when applying for recusal. 2. The right to present new evidence. According to Articles 50 and 125 of the Civil Procedure Law, parties have the right to provide evidence to prove the facts and claims they state, and may provide new evidence with the permission of the presiding judge. 3. With the permission of the court, the parties may ask questions to witnesses, appraisers, and examiners, and may apply for re-investigation, inspection, or appraisal. 4. The right to argue and request court mediation. According to the provisions of Articles 50 and 127 of the Civil Procedure Law, the parties have the right to put forward their own opinions on the other party's litigation claims, explain their own views, discuss their own litigation claims, and debate how to determine the facts of the case and apply the law. Before the case is heard in court and before the verdict is announced, the parties may request the people's court to mediate in accordance with the law based on the principle of voluntariness. 5. The plaintiff has the right to give up, change or add the claim, and the defendant has the right to file a counterclaim; the appellant has the right to give up, change or add the claim, and the other party has the right to defend and rebut. The plaintiff's addition or modification of the claim, the defendant's counterclaim, and the appellant's addition or modification of the appeal request shall be submitted before the end of the court debate. 6. The right to state the final opinion. According to Article 127 of the Civil Procedure Law, after the court debate is over, the parties may state their final opinions on the handling of the case to the court. The parties must consciously perform the following litigation obligations in court: 1. Exercise their litigation rights correctly in accordance with the law; 2. Observe court discipline and litigation order, and obey the command of the presiding judge; 3. Have the responsibility to provide evidence for their claims; 4. Truthfully state the facts of the case , shall not distort facts, provide false evidence, or forge evidence. Otherwise, you should bear legal responsibility. Article 13 The presiding judge asks the parties: Has the plaintiff (or appellant) heard clearly the parties’ litigation rights and obligations in court? Do you want to apply for the withdrawal of the members of the collegial panel, the clerk, the appraiser (or the examiner, the translator)? Did the defendant (or appellee) clearly hear the litigation rights and obligations of the parties in court? Do you want to apply for the withdrawal of the members of the collegial panel, the clerk, the appraiser (or the examiner, the translator)? Did the third party (or the original plaintiff, defendant, or third party) clearly hear the parties’ litigation rights and obligations in court? Do you want to apply for the withdrawal of the members of the collegial panel, the clerk, and the appraiser (or the examiner or translator)? If a party applies for recusal, the presiding judge shall ask the party to state the reasons for recusal, and then announce that since the party XXX in this case has applied for recusal to member XXX of the collegial panel or the clerk (appraiser, examiner, translator) XXX, the court will now adjourn and continue. Continue until a decision is made whether to withdraw. After the verdict, the trial continues, and the presiding judge announces the verdict: 1. The presiding judge: (1) XXX applies for the recusal of XXX, the clerk of this case (appraiser, examiner, translator). After review, it is found that it does not comply with the provisions of Article 45 of the "Civil Procedure Law of the People's Republic of China", and XXX's application for recusal is not allowed; or (2) XXX applies for XXX's recusal, and after review, it is consistent with the "Civil Procedure Law of the People's Republic of China" Article 45 allows him to apply for recusal. If the case is changed to a clerk (or appraiser, examiner, or translator), the court date will be determined separately. 2. Presiding judge: (1) The recusal application of XXX, a member of the collegial panel in this case, has been reviewed by the president of this court (or the judicial committee of this court) (if the president is the presiding judge, whether to recuse himself or herself will be decided by the judicial committee). According to the provisions of Article 45 of the Civil Procedure Law of the People's Republic of China, XXX is not allowed to apply for recusal; (2) XXX's application for recusal of a member of the collegial panel shall be reviewed by the president of this court or the judicial committee and shall comply with the Civil Procedure Law of the People's Republic of China. 》Article 45, XXX’s application for recusal is allowed. Article 14 If a party is dissatisfied with the decision to reject the application for recusal and applies for reconsideration, the trial of the case will not be affected. The application for reconsideration shall be submitted within 3 days, and the applicant for reconsideration shall be notified. Section 4 Court Investigation Article 15 The presiding judge announced that a court investigation will now be conducted. Court investigation is to ascertain the facts of the case through the statements, evidence and cross-examination of the parties and their agents ad litem, focusing on the facts disputed by the parties and the facts that the collegial panel believes should be investigated. According to Article 64 of the Civil Procedure Law of the People's Republic of China, the parties concerned are responsible for providing evidence for their own litigation claims. They should also provide evidence or explain the reasons for refuting the other party's litigation claims. Article 16 Statement of the parties. 1. The plaintiff (or the appellant) should state the claim (appeal request) and the facts and reasons on which it is based to the court, and ask the entrusted agent if he has any additional opinions; (2) The defendant (or the appellee) has any objections to the plaintiff ( or the appellant) to make a statement (or defense) and have an independent litigation claim The third party states the litigation claims and reasons, and asks the entrusted agent if he has any additional opinions. Article 17 If a party requests to add or change a lawsuit (appeal request), the presiding judge shall ask the defendant (appellee); the plaintiff (appellant) submits ) filed its original lawsuit (appeal) request. According to the provisions of the Civil Procedure Law of the People's Republic of China, the plaintiff (appellant) may request that the litigation claim be heard as is, or may request that the hearing be held after the expiration of the 15-day defense period. Does the defendant (appellee) agree to be heard in court? Because the plaintiff (appellant) XXX adds (or changes) the lawsuit (appeal) and requires the defendant (appellee) XXX to respond within the defense period, and the defendant (appellee) XXX does not agree to the trial in court, the presiding judge shall announce an extension. Hear the case (or announce the next court date in court). In the second instance procedure, if the plaintiff in the original trial adds an independent claim and the defendant in the original trial files a counterclaim, the presiding judge shall announce that these claims will be mediated after the trial and will not be heard in court. Article 18 The presiding judge informs the parties of the procedures and requirements for producing evidence: Now that evidence is being produced and cross-examined in court, the parties must produce and cross-examine evidence in accordance with the following procedures and requirements. The parties' evidence must comply with the seven forms of evidence stipulated in Article 63 of the Civil Procedure Law of the People's Republic of China, namely documentary evidence, physical evidence, audio-visual materials, witness testimony, party statements, appraisal conclusions, and inspection records. 2. When presenting evidence, you must submit copies of your evidence to the court and the other party, and the secretary must also provide the originals for verification in court. Original physical evidence should be provided. If originals cannot be provided, the location where the originals are stored should be stated. When presenting and reading out evidence, the court shall explain the name, source and basic content of the evidence, the purpose of providing the evidence or group of evidence, and the issues to be proved. 4. When cross-examining the evidence provided by the other party, you need to confirm the authenticity of the evidence, express an opinion on whether the evidence was obtained legally, and clearly state whether the evidence can prove the other party's claim. To refute the other party's point of view, you should explain the reasons or provide relevant evidence. 5. If the evidence provided by the other party is not affirmed or denied, it will be deemed that there is no objection to the evidence. The defense of cross-examination opinions also requires clear expression of agreement or objection, otherwise it will be deemed to be no objection. 6. When cross-examining the evidence provided by one party, the other party may ask questions about relevant issues, but the questions must be approved by the presiding judge. Article 19 The chief judge summarizes the scope of proof. The presiding judge of the first-instance case shall inform the plaintiff to provide additional evidence based on the content of the litigation request. In a case of second instance, the presiding judge shall declare that the judgment of the original instance shall be upheld. There is no dispute between the two parties, the court shall not repeat the investigation, and the parties shall no longer adduce or cross-examine evidence. The presiding judge summarized the undisputed facts between the parties and asked the parties whether they had any objections. No objection was recorded. For disputed facts, the parties are required to provide evidence and cross-examine one by one. Article 20 The plaintiff (appellant) shall first submit evidence to the court regarding his claim, and the defendant (appellee) shall conduct cross-examination. The defendant (appellee) shall submit evidence to refute the plaintiff (appellant)'s litigation (appeal) request, and the plaintiff (appellant) shall cross-examine. The third party (or the plaintiff, defendant, or third party in the original trial) gives evidence and XXX cross-examines. After the parties have given evidence, if it is discovered that one or both parties have not provided evidence for some of their claims, the presiding judge shall inform the plaintiff (appellant) or defendant (appellee) of the claim XXX and submit relevant evidence to the court. For some litigation claims, if the parties are unable to present evidence in court, the presiding judge shall announce that the evidence related to XXX mentioned by the plaintiff (appellant) or defendant (appellee) shall be submitted to the court within Cross-examination. Failure to submit within the time limit will be deemed to be unable to provide evidence and will bear corresponding legal consequences. Article 21 Witnesses appear in court to testify. Witnesses appearing in court to testify must be submitted by the parties before the trial or before the end of the court debate. Witness XXX appears in court to testify; 2. Require the witness to present a valid identity document to the court, and ask the witness’s name, gender, date of birth, work unit, position, residence and relationship with the party concerned. (3) Announce rights and obligations to witnesses: According to Articles 70 and 102 of the Civil Procedure Law of the People's Republic of China, all units and individuals who know the circumstances of the case are obliged to appear in court to testify; witnesses should truthfully state the case to the court False statements are not allowed, otherwise you will bear corresponding legal liability; the right of witnesses to testify in accordance with the law is protected by law, and the law prohibits any retaliation against witnesses. Four witnesses told the court what they knew about the case. With the permission of the presiding judge, the parties shall ask questions to the witnesses separately. Liuhe court members asked the witnesses questions. Seven witnesses exited the courtroom. If a witness is indeed unable to appear in court due to difficulty, the party providing the witness shall read the witness's written testimony to the court, and the other party shall conduct cross-examination. Article 22 Appraisers (inspectors, translators) shall appear in court to testify. Summon experts (prosecutors, translators) to appear in court. 2. Require the appraiser (inspector, translator) to present a valid identity document, and inquire about the appraiser’s name, gender, date of birth, work unit, position, residence and relationship with the parties concerned. 3. The court shall read out the letter of entrustment of appraisal (inspection and translation). 4. The appraiser (inspector and translator) reads out the appraisal conclusion (inspection transcript and translated text) and makes an explanation. 5. With the permission of the presiding judge, the parties shall ask questions to the appraisers (inspectors and translators) respectively. Members of the Liuhe Court asked questions to the appraisers (inspectors, translators). 7. The appraiser (inspector, translator) withdraws from the court. Article 23: Read out or present the evidence collected by the collegial panel. 1. The court shall read out the book certificates, witness statements and investigation records; present physical evidence in court; and play audio-visual materials in court. Both parties issued cross-examination opinions on the evidence presented in court. Article 24 The presiding judge asks both parties whether they have any new evidence. Article 25 The presiding judge shall ask the members of the collegial panel whether there are any questions that need to be asked to the parties. It was announced that the collegial panel will investigate the parties concerned on issues related to this case. One party is asked to make a statement and the other party gives a positive or negative answer. Questions must be fair, objective, clear, and not biased. Article 26 The presiding judge announces the adjournment: The court is now adjourned. The collegial panel will review the evidence cross-examined during the trial and then continue the trial. (If the case is difficult and complex, or some evidence needs to be investigated and verified after the trial and cannot be authenticated in court, you can directly enter the court debate process. After the court debate is over, the collegial panel will hold a court session for authentication and judgment). Article 27 The trial shall be resumed and the court shall certify the case. The presiding judge shall separately confirm the evidence submitted by the parties through cross-examination and collegial panel investigation and verification based on the evidence submitted by the parties. The appraisal should confirm the authenticity, legality and relevance of the evidence. If it can be confirmed in court, it should be confirmed in court. If the collegial panel deems that it cannot be confirmed in court after deliberation, it shall, after further verification by the collegial panel, inform the parties to confirm it at the next court session. The review and identification of evidence should follow the following general rules: if a party only states its own claim and cannot produce other relevant evidence, its claim will not be supported unless recognized by the other party. If the evidence presented by one party is accepted or not refuted by the other party, its probative force can be confirmed. If the evidence presented by one party cannot be refuted by the other party, its probative force can be confirmed. 4. If both parties provide contrary evidence on the same fact, but neither party has sufficient reasons to deny the other party's evidence, the evidence submitted by both parties shall be reviewed separately and combined with other evidence to make a comprehensive determination. Physical evidence, historical files, appraisal conclusions, inspection records, or notarized and registered documentary evidence generally have higher probative power than other documentary evidence, audio-visual materials, and witness testimony. After the presiding judge and the members of the collegial panel left the court, the clerk announced: Please leave the court while the parties and their attorneys checked the court records. Article 44 According to Article 133 of the Civil Procedure Law of the People's Republic of China, if the parties and other litigation participants believe that there are omissions or errors in their statements, they have the right to apply for correction. If no correction is made, the application shall be recorded. Court transcripts shall be signed or sealed by the parties and other litigation participants. If you refuse to sign and seal, record the situation and attach the file. Article 45: These operating procedures apply to cases heard under ordinary procedures. Operating procedures applicable to cases tried under simplified procedures will be formulated separately.