The basic principle of court debate is "based on facts and taking law as the criterion". Both the prosecution and the defense should abide by the general rules of debate and argumentation, and also abide by many technical rules unique to the judicial field. Court debate is a debate in court or in front of quasi-judicial institutions, and it is a necessary procedure for the trial of cases. Its purpose is to prosecute prisoners in court, or to defend them, or to decide the applicable law in a specific case.
The trial process is a litigation process in which the collegial panel listens to opinions from all sides, verifies evidence, finds out the case and makes a correct judgment. In this process, investigation and debate cannot be completely separated. For example, in the court investigation stage, after the public prosecutor reads out the indictment, the defendant and the victim can make statements about the crimes alleged in the indictment, and at the same time, the public prosecutor, the victim, the plaintiff in the incidental civil action, the defender and the litigation agent can ask the defendant questions. After the witness provides testimony and the appraiser provides the appraisal conclusion, the public prosecutor, the parties, the defender and the agent ad litem may ask questions to the witness and the appraiser, and the public prosecutor, the parties, the defender and the agent ad litem may express their opinions on the documents such as the testimony record, the appraisal conclusion and the inspection record as evidence. As for the physical evidence presented in court, it is only possible to start a debate if the parties identify and express their opinions.
During the court debate, members of the collegial panel shall not express their opinions on the nature and right and wrong of the case, and shall not argue with any party. If the parties present new facts and evidence, the presiding judge may, at his discretion, announce the suspension of the debate and resume the court investigation. The presiding judge shall consult the parties according to the debate, and if there is no supplementary opinion, declare the debate over. The presiding judge asked all parties to state their final opinions in the order of plaintiff, defendant and third party.
Article 198 of the Criminal Procedure Law of People's Republic of China (PRC) During the court hearing, all facts and evidence related to conviction and sentencing shall be investigated and debated. With the permission of the presiding judge, the public prosecutor, the parties, defenders and agents ad litem may express their opinions on the evidence and the case, and may argue with each other. After the presiding judge announces the end of the debate, the defendant has the right to make a final statement.