How does the court hold a court session during the epidemic?

How does the court hold a court session during the epidemic?

During the epidemic prevention and control period, the court postponed the hearing in principle. If hearings and hearings must be held on time according to law, please actively cooperate with the court to conduct remote hearings through online hearings and video trials, so as to reduce the risk of epidemic infection caused by people gathering. If a party or his agent ad litem is unable to participate in litigation activities due to isolation, diagnosis and treatment in novel coronavirus, or participation in epidemic prevention and control, or affected by traffic closure in epidemic areas, please notify the court in time, and the court will deal with it according to relevant laws and regulations. At the same time, the parties and litigation agents can contact the judge through the people's court mediation platform, 12368 litigation service hotline and other online channels to understand the progress of the case; Judges should contact the parties and agents ad litem through telephone and internet, and please actively cooperate if possible.

On June 28th, 2020, 65438+20201October 28th, the Party Group of the Supreme People's Court held a meeting of the leading group for handling the epidemic situation in novel coronavirus, and pointed out that during the epidemic period, courts at all levels postponed court sessions and other activities in principle, and postponed cases were postponed according to law to minimize the travel and gathering of people.

"Cloud" trial case

The judge conducts face-to-face dialogue and communication with the parties through the video platform. Before the trial, the hospital disinfected the court. During the trial, the judge and the clerk wore masks all the time. During the whole "cloud" trial, the parties presented evidence through the online video platform, and the judge talked with them face to face in real time, verified the identity information of the parties, reviewed relevant evidence materials, and the clerk recorded the trial contents truthfully. The trial platform will automatically record and video, and the clerk will check and modify the transcript before sending it to both parties for review. After the parties confirm that the transcript is correct, they shall sign it electronically. Finally, the judge clicked to close the court and the trial ended.

Legal basis:

Article 194 of the Civil Law of People's Republic of China (PRC): In the last six months of the limitation period, if the right of claim cannot be exercised due to the following obstacles, the limitation period shall be during the period of suspension:

(1) force majeure;

(2) A person without or with limited capacity for civil conduct has no legal representative, or his legal representative dies, loses his capacity for civil conduct or loses his power of agency;

(three) after the beginning of the inheritance, the heir or the administrator of the estate has not been determined;

(4) The creditor is controlled by the debtor or others;

(5) Other obstacles preventing the obligee from exercising the right of claim.

The limitation of action expires six months after the reason for the suspension of the limitation of action is eliminated.