Hearings

Court rules of the people's Court of the people's Republic of China

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(adopted at the 617th meeting of the judicial committee of the Supreme People's Court on November 26, 1993, and amended in accordance with the decision of the Supreme People's Court on Amending the court rules of the people's Court of the people's Republic of China adopted at the 1673rd meeting of the judicial committee of the supreme people's Court on December 21, 2015)
 
Article 1 in order to maintain the safety and order of the court, ensure the normal progress of the trial activities, ensure the participants in the proceedings to exercise their litigation rights in accordance with the law, facilitate public attendance, promote judicial justice, and demonstrate judicial authority, in accordance with the organic law of the people's court of 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, and the people's Republic of China These rules are formulated in accordance with the administrative procedure law of the people's Republic of China and other relevant laws.
 
Article 2 a court is a special place where people's courts try all kinds of cases on behalf of the state according to law.
 
The national emblem shall be hung above the front of the court.
 
Article 3 the court is divided into trial activity area and audition area, which are separated by railings.
 
The court hearing juvenile cases shall set up areas and seats according to the physical and mental development characteristics of minors.
 
When there are news media to attend or report the trial activities, a special media press stand can be set up in the attendance area.
 
Article 4 a criminal court may configure a synchronous video testimony room for the use of witnesses, appraisers and victims who should be protected according to law or who do need to be protected in court.

Article 5 the court shall set up barrier free facilities for the disabled; as required, it shall be equipped with a collegial room, a rest room for procurators, lawyers and other litigation participants, a custody room for the defendant and other ancillary places.
 
Article 6 the person who enters the court shall show his / her valid identity card and accept the safety inspection of his / her body and articles.
 
Prosecutors and lawyers who hold valid working papers and notice to appear in court to perform their duties may enter the court through special channels. If security inspection is needed, the people's court shall treat procurators and lawyers equally.  
 
Article 7 except for the evidence required to be presented in court with the permission of the people's court, the following articles shall not be brought into the court:
 
(1) guns, ammunition, controlled knives and other lethal devices;
 
(2) inflammables and explosives, suspected explosives;
 
(3) radioactive, toxic, corrosive and strong smelling substances and pathogens of infectious diseases;
 
(4) liquid, colloidal and powder articles;
 
(5) slogans, banners and flyers;
 
(6) other articles that may endanger the safety of the court or hinder the order of the court.
 
Article 8 the people's court shall disclose to the public the number, specific location and the number of audition seats of each court through the official website, electronic display screen, bulletin board, etc.
 
Article 9 Citizens may attend public hearings.

If the attendance seat can not meet the needs, the people's court may issue a side hearing according to the order of application or by drawing lots, lottery, etc., but shall give priority to arranging the close relatives of the parties or other persons who have an interest in the case to attend.
 
The following persons are not allowed to attend:
 
(1) witnesses, expert witnesses and persons with special knowledge who are ready to present their opinions in court;
 
(2) minors who have not been approved by the people's court
 
(3) those who refuse to accept safety inspection
 
(4) intoxicated persons, mental patients or other persons with abnormal mental state;
 
(5) other persons who may endanger the safety of the court or hinder the order of the court.
 
Any unit or individual shall not organize personnel to attend public trial activities that may seal criminal records according to law.
 
Unless otherwise provided by law, no one is allowed to attend the closed court proceedings.
 
Article 10 the people's court shall video or record the whole process of the trial.
 
Article 11 in case of any of the following circumstances, the people's court may broadcast or record pictures, audio, video live through television, Internet or other public media:
 
(1) high public attention;
 
Second, it has a great social impact;
 
Thirdly, publicity and education of the rule of law are of great significance.
 
Article 12 persons who appear in court to perform their duties shall dress in accordance with the professional dress code. However, in case of any of the following circumstances, the dress shall be formal: 
 
(1) there is no professional dress code;
 
(2) investigators testify in court; 
 
The unit (3) is a party to the case.
 
People who do not perform their duties in court and those who attend the court shall dress in a civilized manner.
 
Article 13 when the defendant or appellant in custody appears in court for trial, he / she shall wear formal or casual clothes and shall not wear the identification clothes of the regulatory authority.
 
The people's court shall not use the ring gear against the defendant or the appellant in court proceedings, except for those who consider that their personal danger is great and may endanger the safety of the court.
 
Article 14 before the commencement of court proceedings, the court clerk shall declare the court discipline prescribed in Article 17 of these rules.
 
Article 15 judges entering the court and the chief judge or the sole judge pronouncing judgments and judgements