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Notice of Court Debate
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  发布时间:2022-05-07 17:59:59 打印 字号: | |

Court debate is the litigant's statement of the case facts in order to promote the court to ascertain the facts and distinguish between right and wrong. This notice is enacted in accordance with the Civil Procedure Law of the Peoples Republic of China and for the purpose of protecting the litigation right of the parties. Please read the following content carefully.

 

1. The Definition of Court Debate

Court debate refers to the participation of the parties involved in the case and other participants in the proceedings under the auspices of the presiding judge, and to express their views on the facts stated in the court investigation and the application of the law. The court promotes the litigation mechanism reform centering on court trial, and court investigation and court debate will be merged according to the circumstances of the case.

 

2. Please Participate in the Court Debate in the Following Order   

2.1 The speech of the plaintiff and his litigation representative. First, the plaintiff states their view on the court investigation facts, evidence and the applicable laws. After the plaintiffs statement, the plaintiff's agent, if the plaintiff has an agent, shall supplement or further explain the plaintiffs speech so as to better safeguard the plaintiffs legitimate rights and interests. If the plaintiff doesn't appear in court, the speech can be made by his litigation agent.

2.2 The defense of the plaintiff and his litigation representative. After the speech of the plaintiff and his litigation agents, the defendant shall state his views on the court investigation facts, evidence and the applicable laws, and then defend against the plaintiffs speech. If the defendant has an agent, the agent shall supplement or further explain the defendants speech so as to better safeguard the defendant’s legitimate rights and interests. If the defendant doesnt appear in court the speech and defense can made by his litigation agent.

2.3 The speech or defense of the third party and their litigation representative. If there is a third party to participate in the proceedings, after the speech and defense of the plaintiff and the defender, the court shall ask the third party to speak and defend the court investigation facts, evidence and the applicable laws and state their views on the speech and defense of the plaintiff and the defendant. If the third party has a litigation agent, the speech or defense can be made by his litigation agent.   

2.4 Debate with each other. After the order of the above-mentioned court debate, the judge shall make the parties and the third party to speak and debate with each other and state their own views. Judges shall make the debate focused on the issue that must be resolved when the parties debate with each other, and inspire and guide the parties if necessary. The judge must guarantee fairness of the parties rights to debate. The parties have the right to state the final opinion at the end of the court debate. Therefore,at end of the court debate, the presiding judge shall consult the final opinions in accordance with the plaintiff, the defendant and the third party to fully guarantee the exercise of litigation rights.

In order to better express your opinion and defend your own rights, it is recommended that you, as a party, attend the proceedings in person.

 

3. Please Pay Attention to the Following Points in the Debate

3.1 The language of the debate should be straightforward and logical, and there shall be no assaults or abuse of the other person. Do not speak or act against the judge, and do not disrupt the court.

3.2 The debate should focus on the disputes of the case. The debate shouldnt be entangled with details of the neighboring issues and ignore the subject at hand.

3.3 The next round of statements shall not repeat the views and content of the previous statements, nor shall there be any statement relating to the facts that have nothing to do with the statement.

3.4 If you want to interrupt the others speech or debating point, it shall be allowed by the permission of the judges.

3.5 If the debate raises new facts and evidence relating to the case, the judge has the power to decide to stop the debate and resume the court investigation, if there is any factual evidence that investigation is unclear but is affecting the decision, a decision may be made to adjourn the hearing.   

3.6 At the end of the court debate, judges shall consult the final opinions in accordance with the plaintiff, the defendant and the third party.

责任编辑:三亚市中院管理员