Family court trial process

Legal analysis: Article 2 of the Constitution of the People's Republic of China * * * All power of the People's Republic of China belongs to the people.

The organs where the people exercise state power are the National People's Congress and local people's congresses at various levels.

the people manage state affairs, economic and cultural undertakings and social affairs through various channels and forms in accordance with the law.

1. Opening the court

1. Before the formal hearing, the clerk shall find out whether the plaintiff, defendant, third party, agent ad litem, witness, expert witness, interpreter, etc. are present at the court and report to the presiding judge. At the same time, the court discipline was announced, informing all participants in the proceedings and observers that they must abide by it.

2. The presiding judge announced the trial.

3. check the identities of both parties (including the third party) and entrusted agents (lawyers).

4. The presiding judge asks the parties if they have any objection to the identity of the court appearance, and announces the list of members of the collegial panel and the clerk.

5. inform the parties of their litigation rights and obligations, and ask whether the parties apply for the withdrawal of the members of the collegial panel and the clerk.

II. Court investigation

1. Statement of the parties. The plaintiff shall state the claim and the facts and reasons on which it is based to the court, and then the defendant shall reply.

2. Give evidence. First, the plaintiff submits evidence to the court for his own claim, and the defendant conducts cross-examination. After the defendant's cross-examination, the defendant will submit evidence to refute the plaintiff's claim, and the plaintiff will conduct cross-examination.

3. Members of the collegial panel ask questions to the parties.

4. The presiding judge announced the end of the court investigation.

5. The presiding judge summarizes the focus of the dispute.

III. Court Debate

The purpose of court debate is to distinguish right from wrong and to distinguish between right and responsibility through the opinions expressed by the parties concerned on the basis of court investigation. The two parties shall put forward rebuttal opinions on defending their claims and opposing each other's claims around the disputed issues of the two parties in this case and the facts and evidence confirmed by the court.

1. The court debate is conducted in the following order: the plaintiff and his agent ad litem speak; The defendant and his agent ad litem speak; The third person and his agent ad litem speak.

2. debate with each other.

3. When the parties present new facts and evidence during the court debate, the presiding judge may, depending on the circumstances, suspend the debate and resume the court investigation.

4. The presiding judge shall consult the parties according to the debate, and declare the debate closed if there are no supplementary opinions.

5. The presiding judge requires all parties to state their final opinions in the order of plaintiff, defendant and third party.

iv. mediation in court

1. The presiding judge separately asks the parties whether they are willing to mediate under the auspices of the collegial panel. When all the parties agree to mediation, the parties shall propose mediation plans respectively.

2. If both parties reach an agreement through mediation, the collegial panel shall announce the mediation result and inform the parties that the mediation document will have legal effect after being signed by both parties.

3. If the parties are unwilling to mediate or cannot reach an agreement through mediation, the mediation shall be declared invalid. Adjournment is announced, and the collegial panel will pronounce the judgment after reviewing the case.

4. The parties sign the court record. Where there are errors in the clerk's record, it can be revised.

v. Sentencing

1. Generally, cases will not be pronounced in court. Only those cases that are relatively simple, with clear facts and clear applicable laws can be pronounced in court will be pronounced by judges. For cases that cannot be pronounced in court, the presiding judge announced the adjournment of the court and decided to pronounce the sentence on an alternative date.

2. The presiding judge reads out the judgment.

3. The presiding judge declared the court closed.

legal basis: article 2 of the constitution of the people's Republic of China. all power of the people's Republic of China belongs to the people.

The organs where the people exercise state power are the National People's Congress and local people's congresses at various levels.

the people manage state affairs, economic and cultural undertakings and social affairs through various channels and forms in accordance with the law.