Publication information of court rules of the People's Court of the People's Republic of China and the People's Court of the People's Republic of China

Decision of the Supreme People’s Court on Amending the Court Rules of the People’s Court of the People’s Republic of China

Decision of the Supreme People’s Court on Amending the Court Rules of the People’s Court of the People’s Republic of China The "Decision on Court Rules" was adopted by the 1673rd meeting of the Judicial Committee of the Supreme People's Court on December 21, 2015, and is hereby announced and will come into effect on May 1, 2016.

Supreme People's Court

April 13, 2016

Decision of the Supreme People's Court on Amending the Court Rules of the People's Court of the People's Republic of China < /p>

In order to maintain the safety of the court, standardize the order of court hearings, protect the litigation rights of litigation participants, facilitate public observation, promote judicial fairness, and demonstrate judicial authority, in accordance with the "Organic Law of the People's Courts of the People's Republic of China" and "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, the Administrative Procedure Law of the People's Republic of China and other relevant legal provisions, combined with the actual trial, it is hereby decided to impose a judgment on the "People's Republic of China Civil Procedure Law" **The Court Rules of the People's Court of the People's Republic of China are modified as follows:

1. Article 1 is modified to read: "In order to maintain the safety and order of the court, ensure the normal conduct of court hearings, and ensure that litigation participants exercise their rights in accordance with the law rights, facilitate the public to observe, promote judicial fairness, and demonstrate judicial authority. According to the "Organic Law of the People's Courts of the People's Republic of China", "Criminal Procedure Law of the People's Republic of China" and "Civil Procedure Law of the People's Republic of China" "Law", "Administrative Procedure Law of the People's Republic of China" and other relevant legal provisions, formulate these rules."

2. Delete Article 2 and adjust the relevant content to Article 17 and 2. Eleven.

3. Change Article 3 to Article 2, and amend it to read: “The court is a special place where the people’s courts try various cases on behalf of the country in accordance with the law.”

“The top of the front of the court should Hang the national emblem. ”

4. Change Article 4 to Article 12 and amend it to read: “Personnel who appear in court to perform their duties shall dress in accordance with professional dress regulations. However, formal attire must be worn 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 the unit belongs is a party to the case.

"Persons appearing in court and spectators who are not performing their duties should dress in a civilized manner. ”

5. Change Article 5 to Article 15 and amend it to read: “When judges enter the court and when the presiding judge or sole judge announces a judgment, ruling or decision, all persons shall stand up. ”

6. Change Article 6 to Article 16 and amend it to read: “People’s courts shall strictly follow the legal procedures for hearing cases.”

“Judges shall treat all litigants equally during court hearings.”

7. Merge Articles 7, 9, and 10 into Article 17 Article, revised to read: "All personnel shall obey the command of the presiding judge or sole judge during court hearing activities, respect judicial etiquette, abide by court discipline, and shall not engage in the following acts:

" (1) Applause, Noisy;

"(2) Smoking and eating;

"(3) Making or answering phone calls;

"(4) Recording and recording court hearing activities Video recording, taking photos or using mobile communication tools to disseminate court hearing activities;

“(5) Other behaviors that endanger the security of the court or disrupt the order of the court.

“Prosecutors and litigation participants must obtain permission from the presiding judge or sole judge to speak or ask questions.

“Audients are not allowed to enter the trial activity area, and are not allowed to stand or move around at will. , are not allowed to speak or ask questions.

“Media reporters who carry out the behaviors 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.”

8. Article 8 is changed to Article 9, and the first paragraph is modified to read: “Citizens may observe public court hearings.

”

The second paragraph is changed to the third paragraph, and is modified to read: “The following persons are not allowed to observe:

“(1) Witnesses, appraisers and persons with expertise who are preparing to appear in court to give opinions Person;

"(2) Minors who have not obtained approval from the People's Court;

"(3) Persons who refuse to accept security inspection;

"( 4) Drunk people, mentally ill people or other people with abnormal mental state;

“(5) Other people who may endanger the safety of the court or disrupt the order of the court.”

Add three paragraphs, respectively as the second paragraph, the fourth paragraph, and the fifth paragraph.

Paragraph 2: “When the number of auditor seats cannot meet the needs, the people’s court may allocate auditor 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 closely related to the case. Interested persons are allowed to observe.”

Paragraph 4: “No unit or individual may organize persons to observe public hearings where criminal records may be sealed according to law.”

Fifth. Paragraph: "Unless otherwise provided by law, no one is allowed to observe court hearings that are closed to the public according to law."

9. Change Article 11 to Article 19, and amend it to: "Presiding Judge Or the 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 remonstrance is ineffective, they shall be ordered to leave the court; those who refuse to leave the court shall be ordered to judicial police to forcibly take them out of the court. "

Add a paragraph as the second paragraph: "If the perpetrator 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 him. Delete relevant content."

10. Change Article 12 to Article 20 and amend it to read: "If the perpetrator commits one of the following acts, endangers the safety of the court or disrupts the order of the court, he shall be punished according to relevant laws. It stipulates that fines and detention shall be imposed; if a crime is constituted, criminal liability shall be investigated in accordance with the law:

“(1) Illegal carrying of firearms, ammunition, controlled knives or explosive, flammable, radioactive, toxic or corrosive materials Objects and infectious disease pathogens enter the court;

"(2) Causing and storming the court;

"(3) Insulting, slandering, threatening, and assaulting judicial staff or litigation participants;

“(4) Destroying court facilities, snatching or destroying litigation documents and evidence;

“(5) Other behaviors that endanger court safety or disrupt court order. ”

11. Change Article 13 to Article 21 and amend it to read: “The judicial police shall maintain court order in accordance with the instructions of the presiding judge or sole judge. "

Add two paragraphs as the second and third paragraph respectively.

The second paragraph: "When emergencies such as endangering the personal safety of persons in the court or seriously disrupting the order of the court occur, , the judicial police can directly take necessary disposal measures. ”

Paragraph 3: “The coercive measures taken by the People’s Court against persons who violate court discipline in accordance with the law, such as seizure of items, forcible removal from the court, fines, and detention, etc., shall be implemented by the judicial police. ”

12. Change Article 14 to Article 26 and amend it to read: “Foreigners and stateless persons who observe court hearings and foreign media reporters reporting on court hearings must abide by these rules. ”

13. Change Article 15 to Article 27, and amend it to read: “These rules shall come into effect on May 1, 2016; judicial interpretations and norms previously issued by the Supreme People’s Court If the relevant documents are inconsistent with these rules, these rules shall prevail. ”

14. Fifteen articles are added respectively as Article 3, Article 4, Article 5, Article 6, Article 7, Article 8, Article 10, Article 11, Articles 13, 14, 18, 22, 23, 24, and 25:

“Article 3 The court 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 according to the physical and mental development characteristics of minors.

“When there are news media observing or reporting on court hearings, a listening area can be set up Dedicated media press box.

“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.

“Procurators 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 lethal items Appliances;

"(2) Inflammable and explosive materials, suspected explosives;

"(3) Radioactive, toxic, corrosive, strong-odorous substances and infectious disease pathogens ;

"(4) Liquids, colloidal and powdery items;

"(5) Slogans, banners, leaflets;

"(6) Others Items that may 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.

” 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 broadcast or recording of images, text, audio, and video through television, the Internet, or other public media. Broadcast:

“ (1) High public attention;

“ (2) Large social impact;

“ (3) Significance of publicity and education on the rule of law Stronger.

“Article 13: When a criminal defendant or appellant appears in court for trial, he or she shall wear formal or casual attire without the identification uniform of the regulatory agency.

“The People’s Court shall not Use restraints on the defendant or appellant, except when it is considered that the person is in great personal danger 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 18 The presiding judge or the sole judge shall When presiding over court hearings, members of the court shall use the gavel in accordance with regulations.

“Article 22: If the People’s Procuratorate believes that a judge has violated these rules, it may make suggestions for handling to the People’s Court after the trial.

“Litigation participants and observers Those who believe that judges, clerks, and judicial police have violated these rules may report it to the People's Court after the court hearing.

“Article 23: If prosecutors violate these rules, the People’s Court may report the situation to the People’s Procuratorate and make suggestions for handling.

“Article 24: Lawyers violate 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: 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 courts, these rules shall apply with reference.”

According to this decision, the "Court Rules of the People's Court of the People's Republic of China" will be revised accordingly and the order of the provisions adjusted accordingly, and then re-announced.