People's Republic of China (PRC) people's court rules release information.
The Decision of the Supreme People's Court on Amending the Rules of the People's Court of People's Republic of China (PRC) was adopted by the Judicial Committee of the Supreme People's Court at its1673rd meeting on February 28th, 2065. It is hereby promulgated and shall come into force as of May 20 16 1 year.
the Supreme People's Court
20 16 April 13
Decision of the Supreme People's Court on Amending the Rules of the People's Court of People's Republic of China (PRC)
Fa Shi [2065438+06] No.7
(Adopted at the1673rd meeting of the Judicial Committee of the Supreme People's Court on February 2 15, 2005, and implemented as of February 20 16).
In order to maintain court safety, standardize court trial order, safeguard litigants' litigation rights, facilitate public attendance, promote judicial justice and highlight judicial authority, according to the Organic Law of People's Republic of China (PRC) People's Court, the Criminal Procedure Law of People's Republic of China (PRC), the Civil Procedure Law of People's Republic of China (PRC) and the Administrative Procedure Law of the People's Republic of China, combined with the actual trial,
1. Article 1 is amended as: "In order to maintain the security and order of the court, ensure the normal trial activities, ensure the litigants to exercise their litigation rights according to law, facilitate public attendance, promote judicial justice, and demonstrate judicial authority, according to the Organic Law of the People's Court of People's Republic of China (PRC), the Criminal Procedure Law of People's Republic of China (PRC) and the Civil Procedure Law of People's Republic of China (PRC)."
Two, delete second, adjust the relevant content to seventeenth, twenty-first.
Three. Article 3 is renumbered as Article 2 and amended as: "The court is a special place for people's courts to try all kinds of cases on behalf of the state according to law.
"The national emblem should be hung above the front of the stadium."
Four. Article 4 is renumbered as Article 12 and amended as: "Personnel who appear in court to perform their duties shall dress according to the professional dress code. However, in any of the following circumstances, formal attire shall be worn:
"(a) There is no professional dress code;
"(2) Investigators appear in court to testify;
"(3) This unit is a party to this case.
"Court staff and observers who do not perform their duties should wear civilized clothes."
5. Article 5 is renumbered as Article 15 and amended as: "When a judge enters the court, the presiding judge or the sole judge announces the judgment, ruling or decision, all personnel shall stand up."
Article 6 of the intransitive verb is changed to Article 16 and amended as: "The people's court shall conduct the trial in strict accordance with legal procedures.
"A judge should treat all parties equally in court trial activities."
7. Article 7, Article 9 and Article 10 are merged and changed into Article 17, which is amended as: "All personnel shall obey the command of the presiding judge or the sole judge, respect judicial etiquette and observe court discipline in court trial activities, and shall not commit any of the following acts:
"(1) clap and make noise;
"(2) Smoking and eating;
"(3) Making or answering telephone calls;
"(4) Recording, videotaping, photographing or spreading the trial activities by using mobile communication tools;
"(five) other acts that endanger the security of the court or interfere with the order of the court.
"Procurators and participants in litigation may speak or ask questions with the permission of the presiding judge or the sole judge.
"Observers shall not enter the trial activity area, stand or walk around at will, and shall not speak or ask questions.
Journalists who are allowed to carry out the acts in Item 4 of Paragraph 1 shall do so at the designated time and place, and shall not affect or interfere with the trial activities.
8. Article 8 is renumbered as Article 9, and the first paragraph is amended as: "Public trial activities can be attended by citizens."
Paragraph 2 is renumbered as paragraph 3 and amended as: "The following persons are not allowed to participate:
"(1) Witnesses, expert witnesses and people with specialized knowledge who are prepared to appear in court to express their opinions;
"(2) Minors who have not been recognized by the people's courts;
"(three) people who refuse to accept security inspection;
"(4) drunken people, mental patients or other people with abnormal mental state;
"(5) Other persons who may endanger the security of the court or disturb the order of the court."
Three paragraphs are added as the second, fourth and fifth paragraphs respectively.
Paragraph 2: "When the number of audience seats cannot meet the needs, the people's court may hold an audience hearing in the order of application or by drawing lots or lottery, but priority shall be given to the close relatives of the parties or other interested parties to attend the case."
Paragraph 4: "No unit or individual may organize personnel to participate in public court hearings where criminal records can be sealed according to law."
Paragraph 5: "Unless otherwise provided by law, no one may participate in a court hearing that is not open according to law."
Article 11 is renumbered as Article 19 and amended as: "The presiding judge or the sole judge shall give a warning if he violates the court discipline; Admonish those who don't listen to warnings; If the advice is invalid, it shall be ordered to withdraw from the court; For those who refuse to withdraw from the court, instruct the judicial police to forcibly take them out of the court. "
One paragraph is added as the second paragraph: "If the actor violates Item 4 of Paragraph 1 of Article 17 of these Rules, the people's court may temporarily detain the equipment and storage media used by him and delete the relevant contents."
10. Article 12 is renumbered as Article 20, which is amended as: "If an actor commits any of the following acts, endangering court security or disturbing court order, he shall be fined and detained in accordance with relevant laws and regulations; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
"(a) illegally carrying guns, ammunition, controlled knives or explosive, flammable, radioactive, toxic, corrosive and infectious disease pathogens into the court;
"(two) to stir up trouble and impact the court;
"(3) insulting, slandering, threatening or beating judicial personnel or participants in litigation;
"(4) destroying court facilities and robbing or destroying litigation documents and evidence;
"(5) Other acts that endanger court security or disturb court order."
Xi。 Article 13 is renumbered as Article 21 and amended as: "The judicial police shall maintain court order according to the instructions of the presiding judge or the sole judge."
Two paragraphs are added as the second and third paragraphs respectively.
Paragraph 2: "In case of emergency such as endangering the personal safety of court staff or seriously disturbing the court order, the judicial police may directly take necessary measures."
Paragraph 3: "The judicial police shall, in accordance with the law, take compulsory measures such as seizing articles, forcibly taking them out of the court, imposing fines, and detaining those who violate court discipline."
12. Article 14 is changed to Article 26 and amended as: "Foreigners and stateless persons shall attend the trial activities as observers, and foreign media reporters shall abide by these Rules when reporting the trial activities."
Thirteen. Article 15 is renumbered as Article 27 and amended as: "These Rules shall come into force as of May 20 16 1 year; If the judicial interpretations and normative documents previously issued by the Supreme People's Court are inconsistent with these Rules, these Rules shall prevail. "
14. Fifteen articles are added as articles 3, 4, 5, 6, 7, 8, 10, 11, 13, 14, 18, 22, 23, 24 and 25 respectively:
"Article 3 The court is divided into a trial activity area and an audit area, and the two areas are separated by railings.
"The court hearing cases of minors shall set up areas and seats according to the characteristics of minors' physical and mental development.
"When the news media attend or report the trial activities, they can set up special media reporters' seats in the audit area.
"Article 4 A criminal court may provide a synchronous video testimony room for witnesses, expert witnesses and victims who should be protected or really need to be protected according to law.
"Article 5 The court shall set up barrier-free facilities for the disabled; According to the needs, it is equipped with a collegiate bench room, a lounge for litigation participants such as prosecutors and lawyers, and a detention room for defendants.
"Article 6. Persons entering the court shall show their valid identity documents and accept the safety inspection of themselves and their belongings.
"Prosecutors and lawyers who hold valid work certificates and perform their duties in court may enter the court through special channels. Where safety inspection is necessary, the people's court shall treat prosecutors and lawyers equally.
"Article 7 Except for the evidence that needs to be presented in court with the permission of the people's court, the following items shall not be brought into court:
"(1) Guns, ammunition, controlled knives and other lethal weapons;
"(two) flammable and explosive materials, suspected explosives;
"(3) radioactive, toxic, corrosive and strongly odorous substances and pathogens of infectious diseases;
"(4) Liquid, colloid and powdery articles;
"(5) Slogans, banners and leaflets;
"(six) other items that may endanger the security of the court or interfere with the order of the court.
"Article 8 The people's courts shall disclose information such as the number of people, the specific location and the number of people attending each court to the public through official websites, electronic display screens and bulletin boards.
"Article 10 The people's court shall record or video the whole trial.
"Eleventh in any of the following circumstances, the people's court may conduct live broadcast or images, words, audio and video through public media such as television and the Internet:
"(1) has a high degree of public concern;
"(two) social impact;
"(three) the rule of law publicity and education is of great significance.
"Thirteenth criminal defendants or appellants appear in court for trial, wearing formal or casual clothes, without the identification of regulatory agencies.
"The people's court shall not use restraints on the defendant and the appellant in the trial activities, except that they think that their personal danger is great and may endanger the safety of the court.
"Article 14 Before the hearing, the clerk shall announce the court discipline as stipulated in Article 17 of these Rules.
"Eighteenth presiding judge or sole judge presided over the trial activities, in accordance with the provisions of the use of gavel.
Article 22 If a people's procuratorate considers that a judge has violated these rules, it may make suggestions to the people's court after the trial.
"Participants in the proceedings and observers believe that judges, clerks and judicial police violate these rules, and may report to the people's court after the trial.
"Article 23 If a public prosecutor violates these Rules, the people's court may inform the people's procuratorate and make suggestions.
"Twenty-fourth lawyers in violation of these rules, the people's court may inform the judicial administrative organs and lawyers' associations and make suggestions.
Twenty-fifth state compensation cases trial, cross-examination, network video remote trial and out-of-court circuit trial, mutatis mutandis, these rules apply.
The Rules of People's Republic of China (PRC) People's Court shall be revised according to this decision and the order of the provisions shall be adjusted accordingly, and then re-promulgated.