Court Rules of the People's Courts of China

 2018-05-22  59


Court Rules of the People's Courts of China


· Document Number:Interpretation No. 7 [2016] of the Supreme People's Court

· Area of Law: State Organs

· Level of Authority: Judicial Interpretation

· Date issued:04-13-2016

· Effective Date:05-01-2016

· Status: Effective

· Issuing Authority: Supreme People's Court

 

Court Rules of the People's Courts of China
(Adopted at the 617th Session of the Judicial Committee of the Supreme People's Court on November 26, 1993, amended in accordance with the Decision of the Supreme People's Court on Amending the Court Rules of the People's Courts of the People's Republic of China as adopted at the 1,673rd Session of the Judicial Committee of the Supreme People's Court on December 21, 2015, and issued in the Announcement of the Supreme People's Court on April 13, 2016 as Interpretation No. 7 [2016] of the Supreme People's Court)
Article 1 In order to maintain the courtroom security and order, guarantee the normal trial activities, ensure that litigation participants exercise their procedural rights according to the law, provide convenience for the public to observe the trial, promote judicial justice, and demonstrate the powers of judicial authority, these Rules are developed in accordance with the Law of the People's Republic of China on the Organization of the People's Courts, the Criminal Procedure Law of the People's Republic of China, the Civil Procedure Law of the People's Republic of China, the Administrative Procedure Law of the People's Republic of China, and other relevant laws.
Article 2 The courtroom is a special place where the people's court tries various cases on behalf of the state according to the law.
The national emblem shall be hung on the front side of the courtroom.
Article 3 The courtroom is divided into the trial section and the public gallery, which are separated by handrails.
The section and seats shall be set in the courtroom where juvenile cases are tried according to the characteristics of physical and mental development of the minors.
When there are news media observing the trial or reporting the court trial, specific seats may be set for journalists in the public gallery.
Article 4 The criminal courtroom may be equipped with a synchronous video witness room to be used by any witnesses, identification experts, and victims that should be protected according to the law or are necessary to be protected when they appear in court to testify.
Article 5 Barrier-free facilities shall be set in the courtroom for the disabled; and such auxiliary places as the room for the collegial panel, the rest room for procuratorial personnel, lawyers, and other litigation participants, and the custody room for defendants shall be equipped as required.
Article 6 The personnel entering the courtroom shall present their valid identity documents and accept the personal search and the security check of their belongings.
The procuratorial personnel performing duties with the valid work certificates and the notice on appearing in court and the lawyers may enter the courtroom through special channels. Where it is necessary to conduct a security check, the people's court shall treat procuratorial personnel and lawyers equally.
Article 7 Except evidence that is necessary to be produced before court with the permission of the people's court, the following articles may not be carried into the courtroom:
(1) guns, ammunition, controlled knives, and other lethal appliances;
(2) inflammables and explosives, and suspected explosives;
(3) radioactive, toxic, corrosive, and strong-odorous substance and infectious disease pathogens;
(4) liquid, colloidal, and powder articles;
(5) slogans, banners, and leaflets; and
(6) other articles that may endanger the courtroom security or impair the courtroom order.
Article 8 The people's court shall, through the official website, electronic display screens, and bulletins, disclose such information on the serial number and specific location of each courtroom as well as the quantity of seats in the public gallery.
Article 9 Citizens may observe the public trial.
When the public gallery fail to satisfy the needs, the people's court may issue attendance certificates according to the sequence in the filing of applications or by means of drawing lots or lottery; however, priorities shall be given to the close relatives of the parties involved or other interested persons in the case to observe the trial.
The following persons may not observe the trial:
(1) witnesses, identification experts, and persons with specialized knowledge that prepare for appearing in court to provide opinions;
(2) minors that do not obtain the approval of the people's court;
(3) persons that refuse to accept the security check;
(4) drunken persons, mental patients, and other persons with abnormal mental state; and
(5) other persons that may endanger the courtroom security or impair the courtroom order.
No entity or individual may organize persons to observe a trial whereby the criminal record is likely to be sealed up according to the law.
Nobody is allowed to observe the non-public trial activities according to the law, except as otherwise provided by law.
Article 10 The people's court shall conduct a whole-process audio or video recording of the trial activities.
Article 11 Where the trial that is conducted in a legitimate and open manner falls under any of the following circumstances, the people's court may make a live or recorded broadcasting of the trial in images and texts, audios, and videos through television, the Internet, and other mass media:
(1) It attracts great public concerns.
(2) It has great social impacts.
(3) It has great significance in the publicity and education of rule by law.
Article 12 The personnel that appear in court for performing duties shall wear clothes as required by the professional dress code; however, under any of the following circumstances, they shall wear formal clothes:
(1) There is no professional dress code.
(2) The investigation personnel appear in court to testify.
(2) The entity with which the personnel work is a party involved in the case.
Persons appearing in court not for performing duties and persons observing the trial shall wear clothes in a decent manner.
Article 13 When the defendant or appellant in criminal custody appears in court, he or she may wear formal or causal clothes and does not wear the uniform of the regulatory authority.
During the trial, the people's court may not use restraint implements on the defendant or appellant, except that the people's court deems that such defendant or appellant has great personal danger and may impair the courtroom security.
Article 14 Before the trial starts, the clerk shall announce the courtroom disciplines as prescribed in Article 17 of these Rules.
Article 15 All the persons shall stand up when the judges enter the courtroom and when the presiding judge or sole judge pronounces the judgment, ruling, or decision.
Article 16 When holding a court session to try a case, the people's court shall strictly follow the procedures as provided by law.
During the trial, the judges shall treat each party to the litigation equally.
Article 17 In the trial, all the persons shall follow the instructions of the presiding judge or sole judge, respect the judicial etiquette, and observe the courtroom disciplines, and may not commit any of the following acts:
(1) applauding or making noises;
(2) smoking or eating;
(3) making or answering calls;
(4) making an audio or video recording of the trial activities, taking pictures, or disseminating the trial activities by using mobile communication tools; and
(5) committing other acts that may endanger the courtroom security or impair the courtroom order.
The procuratorial personnel or litigation participants shall make speeches or raise questions with the permission of the presiding judge or sole judge.
Persons observing the trial may not enter the trial section, stand or wander at will, or make speeches and raise questions.
When carrying out the act as prescribed in item (4) of paragraph 1 with permission, the journalists shall carry out such act at designated time and in designated areas and may not affect or disturb the court trial.
Article 18 When presiding over the trial, the presiding judge or sole judge shall use the gavel as required.
Article 19 For those violating the courtroom disciplines, the presiding judge or sole judge may give them warnings; for those ignoring the warnings, the chief judge or sole judge shall impose admonitions on them; if such admonitions take no effect, the presiding judge or sole judge shall order them to leave the court; and if they refuse to leave the court, the presiding judge or sole judge shall instruct the judicial police to forcibly take them out of the courtroom.
Where an actor violates the provisions of item (4) of paragraph 1 of Article 17 of these Rules, the people's court may temporarily seize the equipment and storage medium he or she uses, and delete the relevant content.
Article 20 Where an actor commits any of the following acts, which endanger the courtroom security or disturb the courtroom order, he or she shall be fined or detained in accordance with the relevant legal provisions; if a crime is constituted, he or she shall be subject to criminal liability according to the law:
(1) entering the courtroom illegally carrying a gun, ammunition, a controlled knife, or an explosive, inflammable, radioactive, toxic, or corrosive article, or infectious disease pathogen;
(2) making trouble in, or assaulting the court;
(3) insulting, defaming, threatening, or assaulting the judicial personnel or litigation participants;
(4) damaging facilities in the courtroom, and taking by force or destroying litigation documents or evidence; and
(5) committing other acts that endanger the courtroom security or impair the courtroom order.
Article 21 The judicial police shall maintain the courtroom order according to the instructions of the presiding judge or sole judge.
When there are emergencies that endanger the personal safety of personnel within the courtroom or seriously disturb the courtroom order, the judicial police may directly take necessary disposal measures.
Such compulsory measures as seizure of articles, forcing out of the courtroom, fine, and detention taken by the people's court according to the law against violators of the courtroom disciplines shall be enforced by the judicial police.
Article 22 Where the people's procuratorate holds that the judges violate these Rules, it may put forward handling proposals to the people's court after the court trial is complete.
Where any litigation participant or person observing the trial holds that any judge, clerk, or judicial police violates these Rules, the litigation participant or person observing the trial may reflect such violation to the people's court after the court trial is complete.
Article 23 Where any procuratorial personnel violate these Rules, the people's court may notify the people's procuratorate of such violation and put forward handling proposals.
Article 24 Where any lawyer violates these Rules, the people's court may notify the judicial administrative organ and the bar association of such violation and put forward handling proposals.
Article 25 When conducting a case hearing, cross-examination of a case concerning state compensation, distance trial by online video, and circuit trial at a place other than the court, the people's court may apply these Rules analogically.
Article 26 Foreigners or stateless persons that observe the trial and foreign journalists that report the court trial shall observe these Rules.
Article 27 These Rules shall come into force on May 1, 2016. Where the judicial interpretations and regulatory documents as previously issued by the Supreme People's Court are inconsistent with these Rules, these Rules shall prevail.