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中华人民共和国民事诉讼法(英文版)(上)

http://www.dffy.com 2007-1-19 17:16:29 来源:东方法眼

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  The entrusted people s court shall complete the investigation within 30 days after receiving the rogatory letter. If for some reason it cannot complete the investigation, it shall notify the entrusting people s court in writing within the above-mentioned time limit.
  Article 119. If a party who must participate in a joint lawsuit fails to participate in the proceedings, the people s court shall notify it to participate.
  SECTION 3 TRIAL IN COURT
  Article 120. Civil cases in a people s court shall be heard in public, except for those that involve state secrets or the private affairs of individuals or are otherwise provided by law.
  A divorce case or a case involving trade secrets may not be heard in public if a party so requests.
  Article 121. In handling civil cases, the people s courts shall, whenever necessary and possible, send out circuit tribunals to hold trials on the spot.
  Article 122. The people s court shall notify the parties and other participants in civil case three days before the opening of a court session. If a case is to be heard in public, the names of the parties, the cause of action and the time and location of the court session shall be announced publicly.
  Article 123. Before a court session is called to order, the court clerk shall ascertain whether or not the parties and other participants in the case are present and announce the rules of order of the court.
  At the beginning of a trial, the presiding judge shall check the parties present, announce the cause of action and the names of the judicial personnel and court clerks, inform the parties of their relevant litigation rights and obligations and ask the parties whether or not they wish to apply for the withdrawal of any court personnel.
  Article 124. Courtroom investigation shall be conducted in the following order:
  (1) presentation of the statements by the parties;
  (2) informing the witnesses of their rights and obligations, giving testimony by the witnesses and reading of the statements of absentee witnesses;
  (3) presentation of documentary evidence, material evidence and audio-visual reference material;
  (4) reading of the expert conclusions; and
  (5) reading of the records of inquests.
  Article 125. The parties may present new evidence during a court session.
  With the permission of the court, the parties may put questions to witnesses, expert witnesses and inspectors.
  The parties may request a new investigation expert evaluation or inquest, subject to the approval of the people s court.
  Article 126. Additional claims by the plaintiff, counterclaims by the defendant and third-party claims related to the case may be tried together.
  Article 127. Court debates shall be conducted in the following order:
  (1) presentation of oral statements by the plaintiff and his agents ad litem;
  (2) response by the defendant and his agents ad litem;
  (3) presentation of oral statements or defence by the third party and its agents ad litem;

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