What are the provisions of the Civil Procedure Law trial system?

The investigation stage of the civil litigation court is mainly carried out around the presentation of evidence and cross-examination!

The debate stage of the civil litigation court is mainly conducted by summarizing the focus of the discussion between the plaintiff and the defendant to the presiding judge!

The court investigation is the primary and central part of the trial, and it is an important stage of the substantive trial of the case. The main task of this stage is to focus on the facts disputed by the parties, through the statements of the parties and the testimony of witnesses, present documentary evidence, physical evidence and audio-visual materials, read out the appraisal conclusions and inquest records, and cross-examine each evidence material to ascertain the facts of the case, review and verify the evidence, so as to lay the foundation for the next step of court debate.

In accordance with provisions, after the presiding judge announces the entry into the courtroom investigation phase, the parties shall be informed that the focus of the courtroom investigation is the facts disputed by the parties. The parties shall have the responsibility to provide evidence for their own claims: if they refute the claims of the other party, they shall also provide evidence or explain the reasons.

Article 124 of the Civil Procedure Law stipulates that court investigations shall be conducted in the following order;

1. The parties make a statement 2. Inform the parties of their rights and obligations 3. Present and present documentary evidence, physical evidence and audio-visual materials 4. Read out the appraisal conclusion.

In addition, according to article 61 of the Evidence Provisions, a party may apply to the people's court for 1-2 persons with specialized knowledge to appear in court to explain the specialized issues of the case; 5. Read out the inquest record.

Courtroom debate is an activity in which the parties on both sides expound their own views, expound their own opinions, refute each other's claims, and engage in oral debate with each other based on the facts and evidentiary materials of the case that have been basically ascertained by the previous court investigation.

Article 127 of the Code of Civil Procedure stipulates that court arguments shall be conducted in the following order:

1. The plaintiff and its ** person speak 2, the defendant and its litigant ** reply 3, the third party and its litigant ** speak or reply 4, and argue with each other.

Legal analysis: First, when the plaintiff files a lawsuit in the court, he must submit the complaint to the court with jurisdiction; Second, the court files a case for review, which is only a formal review, as long as it meets the criteria for filing a case, that is, there is a clear defendant, and there are specific factual claims and reasons; The third town is the only one, and the court is scheduled**; Fourth, the court notifies the parties to appear in the case and conduct a trial; Fifth, the judgment is rendered and the verdict of the civil action is pronounced.

Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China: The following conditions must be met for a lawsuit: (1) the plaintiff is a citizen, legal person or other organization that has a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Collegiate system: refers to the trial of civil cases by adjudicators or the trial collective composed of adjudicators and jurors.

Single-judge system: refers to the trial and judgment of a civil case by a judge on behalf of the people's court.

Pay attention to the collegial system, and the composition of the collegial panel for the first-instance, second-instance, and retrial.

Jury system: refers to a system in which adjudication organs recruit representatives of the public other than judges to participate in the trial of cases.

Recusal system: refers to the people's court adjudicating civil and economic cases, and the adjudicators or other relevant personnel who perform the trial task have a certain interest in the case, and in certain circumstances provided for by law, they shall take the initiative to withdraw from the trial of the case, and the parties and other persons also have the right to request the replacement of adjudicators.

Open trial system: refers to the requirement that the people's court hear civil cases of annual rent judgment, and except as provided by law, the trial process shall be open to the public and to the public; Verdicts should also be announced in cases that are not tried in public.

1. Can I apply for legal aid in civil litigation?

Legal aid can be applied for in civil proceedings as long as the conditions are met. Legal aid is a system of legal guarantee for the pro bono provision of legal services to persons with financial difficulties or special cases. Articles 10 and 11 of the Regulations of the People's Republic of China on Legal Aid stipulate the scope of legal aid, including civil and criminal proceedings, such as requests for alimony, child support, or alimony; asserting civil rights and interests arising from acts of righteousness and courage; Compensation for personal injuries caused by medical accidents, traffic accidents, industrial accidents, etc.

II. False evidence is common in civil litigation.

1) False witnesses are as good as testimony.

In civil proceedings, false witness testimony often occurs for a variety of reasons. Sometimes, because of the large number of witnesses and the fact that they often do not appear in court to make statements for various reasons, the people's courts often have to go to the local area one by one to verify the situation, and sometimes they have to go back and forth several times in order to find each witness, which is a very huge workload and seriously affects the efficiency of handling cases.

2) The issue of false evidence related to official seals.

This is mainly reflected in the use of seal loopholes to tamper with the content of the certificate, the illegal use of blank certification letters or the forgery of official seals. These acts have been a frequent occurrence in civil litigation in recent years. For example, in the course of hearing a civil case, a district court discovered that the party had forged the official seal of the Ministry of Public Security and issued a false certificate.

3) The issue of forging or tampering with documents of state organs.

Valid licenses and documents of state organs are relatively strong as written evidence in civil litigation, but in recent years, it is not uncommon for civil litigants to forge or tamper with them. In addition, there are often a variety of forged documents in lawsuits, such as ID cards, driving licenses, educational certificates, real estate certificates and even divorce certificates, which are so varied that it is really difficult to distinguish.

4) The issue of false bills.

In civil litigation, whether there is a creditor's rights and debts relationship between civil subjects, whether the arrears are paid, whether the goods are seized and their related rights and obligations depend on the proof of bills. However, the reality is that the management of bills is chaotic, and the phenomenon of forged bills abounds, and it is quite difficult to verify.

1. Public trial system for civil litigation:

The open trial system refers to the people's courts' hearing of civil cases, and except as provided by law, the trial process and results shall be disclosed to the public and the public. The so-called disclosure to the masses refers to allowing the masses to observe the trial process of the case (mainly the trial process and the verdict process); The so-called disclosure to the public refers to allowing journalists to cover the trial process, allowing them to report on the trial process, and disclosing the case to the public. There are exceptions to public trials under the law, and the following cases are not held in public:

The first is cases involving state secrets, including party secrets, secrets, and military secrets; second, cases involving personal privacy; Third, in divorce cases or cases involving commercial secrets, where the parties apply for a closed trial, the trial may be held in private. The so-called trade secrets refer to technical secrets, business intelligence and information, etc., mainly including industrial and commercial secrets that the parties are unwilling to disclose such as production processes, product formulas, first-class contacts, purchase and sales channels, etc. Regardless of whether the trial is open to public or not, the verdict will be made public when it is announced.

2. Relevant provisions: The Supreme People's Court has made the following provisions on the strict implementation of the open trial system: 1999 03 08 The High People's Courts of all provinces, autonomous regions, and municipalities directly under the Central Government, the Military Courts of the People's Liberation Army, and the Branch of the Production and Construction Corps of the High People's Court of the Xinjiang Uygur Autonomous Region, in order to strictly implement the open trial system, make the following provisions in accordance with the Constitution of the People's Republic of China and the relevant laws on the search and verification of Sun:

1) People's courts conducting trial activities must adhere to the system of open trials in accordance with law, so that they are open, openly presenting and debating evidence, and publicly announcing judgments.

2) People's courts shall hear first-instance cases in public in accordance with law, except for the following cases:

1. Cases involving state secrets;

2. Cases involving personal privacy;

3. Cases of juveniles over the age of 14 but under the age of 16 committing crimes; Cases of crimes committed by minors between the ages of 16 and 18 who have decided not to try in public;

4. Cases involving trade secrets that the people's court decides not to hear in public upon the application of the parties;

5. Divorce cases in which the people's court decides not to hear in public upon the application of the parties;

6. Other cases that are not tried in public as otherwise provided by law. In cases where the trial is not in camera, the reasons for the trial shall be announced at court.

Legal analysis: The civil procedure law is upgraded in the following ways: 1. Public trial and closed trial.

** Trial is the stage where the collegial panel conducts a substantive hearing of the case. This is mainly done in public and in private. In accordance with relevant legal provisions, people's courts hearing civil cases shall be conducted in public, except where state secrets, personal privacy, or otherwise provided by law.

2. Applying the simplified procedure and applying the ordinary procedure.

Legal basis: "The People's Republic of China Celebrates the Civil Procedure Law of the People's Republic of China" Article 134: People's courts hearing civil cases shall be conducted in public, except where state secrets, personal privacy, or otherwise provided by law. In divorce cases or cases involving commercial secrets, where the parties apply for a closed trial, the trial may be held in private.