A preparation, trial

Two, court preparation

Clerk: now announce the rules of court rules:

(1) in the court room to keep quiet, no noise, no smoking;

(2) the court shall not just walking, not allowed to enter the court area, without the license shall be allowed to speak, ask judge. Such as emperor heard on court activities have opinions, the court closed in written form to the court.

(3) without court permission are not allowed to recording, video, photography;

(4) for violation of discipline of the court, the presiding judge, the court judicial police advised value, stop, do not listen to discourage, depending on its condition weight to give sermons, ordered out of the courtroom, the confiscation of the film, tape recorders, until the legal liability.

Three, announced the court

Review: now the plaintiff identified elements, the plaintiff    Entrust  As his litigation representative, to participate in the lawsuit, the agent's authority for Agents, including    .

The elements, the defendant    Entrust  As his litigation representative, to participate in the lawsuit, the agent's authority for Agents, including    .

Elements of third people, third people    Entrust  As his litigation representative, to participate in the lawsuit, the agent's authority for Agents, including    .

The plaintiff, the defendant: you and three witnesses and three people appear in court litigation attorney if there is objection? If you have any questions, please explain why.

The original:

The defendant, to the plaintiff: you and three witnesses and three people appear in court litigation attorney if there is objection? If you have any questions, please explain why.

Be:

The trial: third people, you to the plaintiff and three witnesses and three people appear in court litigation attorney if there is objection? If you have any questions, please explain why.

Third people:

Review: after review, for the legal agent identity and authorization and entrustment formalities before the trial, the parties did not put forward the (justified) objection, to certification, permit the plaintiff An agent ad litem To participate in the proceedings. Allow the defendant  An agent ad litem Appear in court, allowing third people An agent ad litem To participate in the proceedings.

Review: "in accordance with the provisions of the administrative procedure law of the people's Republic of China" in article forty-fifth, administrative courts here today to a public hearing of the plaintiff  Against the defendant   (behavior).

Review: the court is now in session.

Judge: now that the members of the collegial panel: the case the court judge  Serve as the presiding judge, judge  ,  Formed a collegiate bench, the clerk As the court records.

Review: the collegial bench presided over the court, the parties must comply with the court order. If there are different views, but in the trial after the school to put forward written opinions.

Review: the College received the plaintiff indictment, to be placed on file within the statutory time limit, and the plaintiff to send the notice of accepting the case, paying the fee for accepting the case, the court summons, notice to the defendant to send the notice, a copy of the indictment, the court summons.

Instance: because the prosecution and sued the specific administrative acts and have a direct stake in the hospital, on the basis of "administrative procedure law of the people's Republic of China" the provisions of article twenty-seventh of the notification of the decision, as in the case of third people to participate in the litigation, and send them to participate in the litigation notice, a copy of the indictment, the court summons.

Review: "according to the provisions of the administrative procedure law of the people's Republic of China" in article forty-seventh, the parties have to apply for withdrawal of power, the application for withdrawal is that interested parties or other related judicial personnel of the case and the case, may affect the case fair trial, litigation activities have the right to apply for such persons do not participate in the case.

Trial: the plaintiff, you avoid the application?

The original:

Review: the defendant, you avoid the application?

Be:

The trial: third people, you avoid the application?

Third people:

Instance: now announced parties other litigation rights and obligations, according to the provisions of the administrative procedure law, "" the people's Republic of China, the parties have the following rights:

(a) the plaintiff in the law can change the claim range (pay attention to judicial interpretation, the plaintiff in the indictment delivered cannot increase litigation request, so whether can change the claim of doubt), the court granted, can withdraw.

(two) the defendant may admit, refute the plaintiff's claim.

(three) the defendant shall bear the burden of proof for the specific administrative act of.

(four) the parties shall have the right to entrust others to debate, within the statutory time limit on the judgment, ruling may appeal, apply for execution.

(five) with the permission of the court, the parties may consult a copy of the trial materials and legal documents.

The original, the defendant in the litigation period: in addition to the rights according to law, must also comply with the following obligations:

(a) the court in the two legal subpoena refuses to do so without justified reason, the plaintiff as withdrawing; the defendant refuses to appear before the court may make a judgment by default without justifiable reasons.

(two) the original, the defendant must seek truth from facts to the court, to provide supplementary evidence, perjury, should bear the legal responsibility, the defendant to the plaintiff litigation period shall not collect evidence, witness.

(three) provide evidence to provide the original, original is difficult, can submit photocopy, photo, copy, excerpt of this.

(four) the original, the defendant in court debate not personally accused, no noise, asked to speak by the permission of the court.

(five) the original, the defendant must perform the legally effective judgment, ruling, mediation, refused to implement and other losses, shall be responsible for compensation, to bear the criminal responsibility. The above obligation party consciously implemented, whether to hear?

Four, the court examination

(1): now the courtroom investigation. According to the "administrative litigation law of the people's Republic of China" the fifth regulation, the people's Court of administrative litigation cases, the specific administrative act shall examine the legality of the defendant.

(2) trial: now please the prosecution claims his clear and required according to the facts, can read out the indictment.

(3) the defendant: now please read the written reply.

(4) trial: Please third clear claims and facts on the basis of their own.

(5) trial: now read the written decision on the administrative punishment of the accused to make (range, this procedure is not as, administrative license)

(6) trial: according to the plaintiff's prosecution, defense and accused of facts and reasons of administrative punishment is not regular, the original, the defendant please answer the following questions.

(7) please read or to produce the specific administrative action evidence and regulatory documents in accordance with.

(8): now the court testimony. (should be, the original, third people to produce evidence of quality certificate)

Five, the court debate stage

(1): the end of trial court investigation. Now the court debate.

(a) first of all, please the plaintiff a debate.

(two) please be a debate.

(three) please third people comment.

(four) can now be debate with each other.

(2): the end of the court debate.

1, the final statement of opinion

2, the final statement of opinion

3, third the final statement of opinion

4, the final statement, the end of the debate. If there are other opinions, to trial within three days after the court to submit written opinions.

5, below, the collegial panel to review the case, now adjourned for fifteen minutes.

Six, the court mediation stage

Review: in accordance with the provisions of the administrative procedure law in our country the handling of administrative cases, mediation is not applicable. But the tort compensation. Now the court is the issue of compensation court mediation.

Seven, the sentencing phase

Review: now continue to court, the plaintiff refuses to accept the case, the court by the public trial, collegiate bench to listen to the statements of the parties, debate, provide to the parties and their legal representatives of evidence, the court interrogation, now on the evidence provided by the parties for confirmation. (confirm the evidence and prove the contents, denied a evidence has not proved the validity and reason).

Review: now the trial concluded, for the plaintiff refuses to accept the case, the court heard the plaintiff, the defendant, was investigated, the original, the defendant, asked third people, to verify the evidence, the debate, statements. (judgment facts)

The verdict: now, please the plaintiff, defendant, third people and their legal representatives (stand up, facts and reasons, identified by the presiding judge of the verdict and sentence text)

: please sit down

Instance: just spoken sentence, any party who refuses to accept the decision, appeal within fifteen days of receipt of the decision on books, and puts forward a copy number according to the other party, appealed to the intermediate people's court.

The provisions of the second paragraph: according to the "PRC Civil Procedure Law" 134th, the verdict delivered within ten days after closing the court within the party.

Review: the plaintiff was dissatisfied with the case, now the end of the trial, has now declared closed court.