法院开庭审理的步骤有哪些?-金沙娱场城app
开庭审理是指法院对案件进行审理的过程,通过开庭审理来查明案件事实真相,开庭审理是法院审判程序的核心阶段。开庭审理主要包括法庭调查和法庭辩论两个阶段,具体步骤如下:
court hearing refers to the process of court hearing a case, through which the truth of the case can be ascertained. court hearing is the core stage of court trial procedure. the trial mainly consists of two stages: court investigation and court debate. the specific steps are as follows:
1.由书记员查明当事人和其他诉讼参与人是否到庭,并宣布法庭纪律;
1. the clerk shall ascertain whether the parties and other participants in the proceedings are present in court and announce court discipline;
2.由审判长宣布开庭,并由审判长核对当事人,宣布案由,宣布审判人员、书记员名单,告知当事人有关的诉讼权利义务,询问当事人是否提出回避申请;
2. the presiding judge shall announce the hearing, and the presiding judge shall check the parties, announce the cause of the case, announce the list of judges and clerks, inform the parties of their relevant litigation rights and obligations, and inquire whether the parties have filed an application for withdrawal;
3.停止法庭调查。法庭调查是指在法庭上对案件事实和证据停止检查的活动法庭调查法庭调查依照下列次第停止:(一)当事人陈说;(二)告知证人的权益义务,证人作证,宣读未到庭的证人证言。(三)出示书证、物证、视听材料和电子数据;(四)宣读审定意见;(五)宣读勘验笔录。其间,当事人经法庭答应,能够向证人、审定人、勘验人提问。
3. stop court investigation. court investigation refers to the activity of discontinuing the examination of the facts and evidence of a case in court. court investigation shall be stopped in accordance with the following order: (1) the parties'statement; (2) informing the rights and obligations of witnesses, witnesses' testimony and reading out the testimony of witnesses who have not appeared in court. (3) presenting documentary evidence, material evidence, audio-visual materials and electronic data; (4) reading out opinions on examination and approval; (5) reading out records of investigation. in the meantime, the parties, with the consent of the court, can ask questions to witnesses, examiners and investigators.
4.停止法庭争辩。法庭争辩依照下列次第停止:(一)被告及其诉讼代理人发言;(二)被告及其诉讼代理人辩论;(三)第三人及其诉讼代理人发言或者辩论;(四)相互争辩。法庭争辩终结后,由审讯长依照被告、被告、第三人的先后次第咨询各方后意见。
4. stop arguing in court. the court shall stop arguing in accordance with the following order: (1) the defendant and his agent ad litem shall speak; (2) the defendant and his agent ad litem shall debate; (3) the third party and his agent ad litem shall speak or debate; (4) mutual argument. after the conclusion of the court dispute, the presiding judge shall consult the parties on their final opinions in accordance with the order of the defendant, the defendant and the third party.
5.评议和宣判。法庭争辩或被告人后陈说完毕后,法官进入评议室评议,能够当庭宣判,也能够庭后另行宣判,当然绝大局部案件都是庭后另行宣判。
5. assessment and adjudication. after the court's argument or the defendant's final statement is completed, the judge enters the deliberation room and can pronounce the judgment in court, or can pronounce the judgment separately after the court. of course, most cases are pronounced separately after the court.
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