​How the process looks in China courtroom

How the process looks in China courtroom
When a Chinese people's court hears a civil matter, it must do so publicly unless the case concerns state secrets and personal privacy or is subject to other legal rules. Nonetheless, if a divorce case or a matter involving business secrets is being heard and the parties seek a private hearing, the court may approve this request. The court should hold on-site sessions as required throughout the trial.
 
Before an open hearing, the court must inform the parties and any participants in the case of the date, time, and venue of the hearing. At the hearing, the court clerk should confirm the presence of the parties and other participants and announce the case, the names of the judges and clerks, and the parties rights and responsibilities. The court should also inquire if any parties want to recuse themselves.
 
 
During the court investigation, the following steps should be taken: the parties' statements, informing witnesses of their rights and obligations, reading the testimonies of absent witnesses, presenting documentary, physical, audiovisual, and electronic evidence, presenting expert opinions and reading investigation records.
 
During the hearing, the parties may introduce fresh evidence and question witnesses, experts, and investigators with the court's approval. The court will determine whether to grant the parties' requests to undertake fresh investigations, assessments, or inspections.
 
If the plaintiff adds a claim, the defendant files a counterclaim, or a third party files a relevant claim; the court may combine the cases. During the court argument, the plaintiff and their representatives speak first, followed by the defendant and their representatives, and last by the third party and their representatives. The court concludes the argument by requesting each party's last views.
 
As the court argument concludes, the court must decide based on the law. If feasible, the court may still seek mediation. If mediation fails, the court should provide a prompt decision.
 
The court may dismiss the case if the plaintiff fails to appear for the hearing or departs without authorization. If the defendant fails to appear for the hearing or departs without permission, the court may decide in their absence.
 
The court must consider allowing the motion if the plaintiff requests to withdraw the action before the judgment is rendered. If the motion is refused and the plaintiff fails to appear at the hearing for no reasonable cause, the court may decide in their absence.
 
If there are genuine reasons for the parties or other participants not to attend the hearing or for a recusal request, or if new evidence or investigations are necessary, the court may postpone the hearing.
 
The court clerk must record all actions throughout the court hearing, and the judges and the clerks must sign the records. Within five days, the court documents shall be read out in court or made available to the parties and other participants for reading. If the parties consider their remarks missing or wrongly recorded, they have the right to seek rectification. If the court declines to make adjustments, the request should be recorded.
 
The court must publicly publish its judgment in open or closed court matters. If the judgment is pronounced in court, the court must transmit the written verdict within ten days. The written verdict must be provided promptly if the judgment is announced later. After the decision is announced, the court must notify the parties of their right to appeal, the time for appeal, and the court to which they might appeal. In the event of a divorce judgment, the parties must be advised that they cannot remarry until the ruling becomes legally operative.
 
Ordinary process civil lawsuits in China should be concluded within six months after filing. If there are exceptional circumstances, the court president may extend the time for another six months. If more extensions are necessary, the court must obtain agreement from
 
 

Practising lawyers

Robert Zhang

An international lawyer registered in Shanghai, China. Master's degreePublish…

Steve Li

An international lawyer registered in Shanghai, China. Master's degreePublish…

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