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What facilities does the court have?
Article 1 In order to maintain the security and order of the court, ensure the normal conduct of court hearing activities, ensure that litigation participants exercise their litigation rights in accordance with the law, facilitate public observation, promote judicial impartiality, and demonstrate judicial authority, according to the "People's Republic of China Relevant legal provisions such as the Organic Law of the People's Courts of the People's Republic of China, the Criminal Procedure Law of the People's Republic of China, the Civil Procedure Law of the People's Republic of China, and the Administrative Procedure Law of the People's Republic of China are formulated. these rules.
Article 2 The court is a special place where the people's courts try various cases in accordance with the law on behalf of the state.
The national emblem should be hung above the front of the court.
Article 3 The courtroom is divided into trial activity area and auditorium area, and the two areas are separated by railings.
Courts hearing cases involving minors should set up areas and seats based on the physical and mental development characteristics of minors.
When there are news media observing or reporting on court hearings, a special media press box can be set up in the listening area.
Article 4 A criminal court may configure a synchronous video testimonial room for use by witnesses, appraisers, and victims who should be protected according to law or otherwise necessary for protection when testifying in court trials.
Article 5 The court shall set up barrier-free facilities for persons with disabilities; it shall be equipped with collegial panel rooms, lounges for prosecutors, lawyers and other litigation participants, defendant detention rooms and other ancillary places as needed.
Article 6 Persons entering the court shall present valid identity documents and undergo security inspection of their persons and belongings.
Prosecutors and lawyers who perform their duties with valid work certificates and notices to appear in court can enter the court through special channels. If security inspection is required, the People's Court will treat prosecutors and lawyers equally.
Article 7 Except for evidence that needs to be presented in court with the permission of the People’s Court, the following items are not allowed to be brought into the court:
(1) Firearms, ammunition, controlled knives and other items Destructive instruments;
(2) Inflammable and explosive substances, suspected explosives;
(3) Radioactive, toxic, corrosive, strong-odorous substances and infectious substances Disease pathogens;
(4) Liquids, colloidal and powdery items;
(5) Slogans, banners, leaflets;
(6) Other possibilities Items that endanger the security of the court or disrupt the order of the court.
Article 8 The People's Court shall disclose to the public the number, specific location, number of auditorium seats and other information of each court through its official website, electronic display screen, bulletin board, etc.
Citizens may observe public court hearings in Article 9.
When the number of spectator seats cannot meet the needs, the people's court may allocate spectator seats according to the order of application or through lottery, lottery, etc., but priority shall be given to close relatives of the parties or other persons with an interest in the case Listen in.
The following persons are not allowed to observe:
(1) Witnesses, experts and people with expertise who are preparing to appear in court to give opinions;
(2) People who have not obtained the permission of the people Minors approved by the court;
(3) People who refuse to accept security inspections;
(4) Drunk people, mentally ill people or other people with abnormal mental states;
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(5) Other persons who may endanger the security of the court or disrupt the order of the court.
No unit or individual may organize people to observe public court hearings where criminal records may be sealed according to law.
Unless otherwise provided by law, no one is allowed to observe court hearings that are closed to the public according to law.
Article 10 The People's Court shall videotape or audio-record the entire court hearing.
Article 11 If a court hearing is conducted publicly in accordance with the law and meets any of the following circumstances, the People's Court may conduct live or recorded broadcasts of pictures, texts, audios, and videos through television, the Internet, or other public media. :
(1) High public attention;
(2) Large social impact;
(3) The significance of publicity and education on the rule of law is strong.
Article 12 Personnel who appear in court to perform duties shall dress in accordance with professional dress regulations. However, formal attire is required if one of the following circumstances occurs:
(1) There is no professional dress code; (2) Investigators appear in court to testify;
( 3) The unit where he/she works is a party to the case.
Persons in court and spectators who are not performing their duties should dress in a civilized manner.
Article 13 When a criminal defendant or appellant appears in court for trial, he or she shall wear formal attire or casual attire, and shall not wear the identification clothing of the regulatory agency.
The People's Court shall not use restraints on defendants or appellant during court hearings, unless they are considered to be personally dangerous and may endanger the safety of the court.
Article 14 Before the start of court hearing activities, the clerk shall announce the court discipline specified in Article 17 of these rules.
Article 15 When judges enter the court and when the presiding judge or sole judge announces a judgment, ruling or decision, all judges shall stand up.
Article 16 The People's Court shall strictly follow the legal procedures for trial cases.
Judges should treat all litigants equally during court hearings.
Article 17 During court hearings, all personnel shall obey the instructions of the presiding judge or sole judge, respect judicial etiquette, abide by court discipline, and shall not commit the following acts:
( 1) Applause and making noise;
(2) Smoking and eating;
(3) Making or answering phone calls;
(4) Recording court hearing activities , video recording, taking photos or using mobile communication tools to disseminate court hearing activities;
(5) Other behaviors that endanger court security or disrupt court order. Prosecutors and litigation participants must obtain permission from the presiding judge or sole judge to speak or ask questions.
Observers are not allowed to enter the trial activity area, are not allowed to stand or move around at will, and are not allowed to speak or ask questions.
Media reporters who carry out the acts specified in Item 4 of Paragraph 1 with permission shall do so within the designated time and area and shall not affect or interfere with court hearing activities.
Article 18 When presiding over court proceedings, the presiding judge or sole judge shall use the gavel in accordance with regulations.
Article 19 The presiding judge or sole judge shall give a warning to those who violate court discipline; those who do not listen to the warning shall be reprimanded; if the reprimand is ineffective, they shall be ordered to leave the court; those who refuse shall be ordered to leave the court. If a person leaves the court, the judicial police will be ordered to forcibly take him out of the court.
If an actor violates the provisions of Article 17, Paragraph 1, Item 4 of these Rules, the people's court may temporarily seize the equipment and storage media used by the actor and delete the relevant content.
Article 20 If a perpetrator commits any of the following acts, endangering the safety of the court or disrupting the order of the court, he shall be fined or detained in accordance with relevant legal provisions; if a crime is constituted, he shall be held criminally responsible in accordance with the law:
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(1) Illegal carrying of firearms, ammunition, controlled knives or explosive, flammable, radioactive, poisonous, corrosive items and infectious disease pathogens into the court;
(2) Causing, Attacking the court;
(3) Insulting, slandering, threatening, and beating judicial staff or litigation participants;
(4) Destroying court facilities, snatching, and destroying litigation documents and evidence;
(5) Other behaviors that endanger the safety of the court or disrupt the order of the court.
Article 21 The judicial police shall maintain court order in accordance with the instructions of the presiding judge or sole judge.
When emergencies occur that endanger the personal safety of persons in the court or seriously disrupt court order, the judicial police may directly take necessary measures.
The compulsory measures taken by the People's Court against persons who violate court discipline in accordance with the law, such as seizing items, forcibly taking them out of the court, imposing fines, and detaining them, shall be implemented by the judicial police.
Article 22 If the People’s Procuratorate believes that a judge has violated these rules, it may make suggestions for handling the case to the People’s Court after the trial.
If litigation participants and observers believe that judges, clerks, and judicial police have violated these rules, they may report it to the People's Court after the court hearing.
Article 23 If a procurator violates these rules, the People's Court may report the situation to the People's Procuratorate and make suggestions for handling it.
Article 24 If a lawyer violates these rules, the people's court may report the situation to the judicial administrative agency and the lawyers association and make suggestions for handling it.
Article 25 These rules shall be applied by reference when the People's Court conducts case hearings, cross-examination in state compensation cases, online video remote trials, and circuit trials in places other than the court.
Article 26 Foreigners and stateless persons who observe court hearings and foreign media reporters reporting on court hearings must abide by these rules.
Article 27 These Rules will come into effect on May 1, 2016; if the judicial interpretations and normative documents previously issued by the Supreme People's Court are inconsistent with these Rules, these Rules shall prevail.
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