中华人民共和国民事诉讼法 19

时间:2020-09-16 08:03:13


第三节 开庭审理
Section 3 Trial in Court
第一百二十条 人民法院审理民事案件,除涉及国家秘密、个人隐私或者法律另有规定的以外,应当公开进行。
"Article 120 Civil cases shall be tried in public, except for those that involve State secrets or personal privacy or are to be tried otherwise as provided by the law."
A divorce case or a case involving trade secrets may not be heard in public if a party so requests.
第一百二十一条 人民法院审理民事案件,根据需要进行巡回审理,就地办案。
"Article 121 For civil cases, the people's court shall, whenever necessary, go on circuit to hold trials on the spot."
第一百二十二条 人民法院审理民事案件,应当在开庭三日前通知当事人和其他诉讼参与人。公开审理的,应当公告当事人姓名、案由和开庭的时间、地点。
"Article 122 For civil cases, the people's court shall notify the parties and other participants in the proceedings1 three days before the opening of a court session. If a case is to be tried in public, the names of the parties, the cause of action and the time and location of the court session shall be announced publicly."
第一百二十三条 开庭审理前,书记员应当查明当事人和其他诉讼参与人是否到庭,宣布法庭纪律。
"Article 123 Before a court session is called to order, the court clerk shall ascertain2 whether or not the parties and other participants in the proceedings are present and announce the rules of order of the court."
"At the beginning of a court session, the presiding judge shall check the parties present, announce the cause of action and the names of the judicial3 officers 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 withdrawal4 of any court personnel."
第一百二十四条 法庭调查按照下列顺序进行:
Article 124 Court investigation5 shall be conducted in the following order:
(1) statements by the parties;
"(2) informing the witnesses of their rights and obligations, giving testimony6 by the witnesses and reading of the written statements of absentee witnesses; "
"(3) presentation of documentary evidence, material evidence and audio-visual material; "
(4) reading of expert conclusions;
and (5) reading of records of inspection7.
第一百二十五条 当事人在法庭上可以提出新的证据。
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 inspectors8."
"Any request by the parties concerned for a new investigation, expert evaluation9 or inspection shall be subject to the approval of the people's court."
第一百二十六条 原告增加诉讼请求,被告提出反诉,第三人提出与本案有关的诉讼请求,可以合并审理。
"Article 126 Additional claims by the plaintiff, counterclaims by the defendant10 and third-party claims related to the case may be tried in combination."
第一百二十七条 法庭辩论按照下列顺序进行:
Article 127 Court debate shall be conducted in the following order:
(1) oral statements by the plaintiff and his agents ad litem;
(2) defence by the defendant and his agents ad litem;
(3) oral statement or defence by the third party and his agents ad litem;
(4) debate between the two sides.
"At the end of the court debate, the presiding judge shall ask each side, first the plaintiff, then the defendant, and then the third party, for their final opinion respectively."
第一百二十八条 法庭辩论终结,应当依法作出判决。
"Article 128 At the end of the court debate, a judgment11 shall be made according to the law. "
"Where conciliation12 is possible prior to the rendering13 of a judgment, conciliation efforts may be made; if conciliation proves to be unsuccessful, a judgment shall be made without delay."
第一百二十九条 原告经传票传唤,无正当理由拒不到庭的,或者未经法庭许可中途退庭的,可以按撤诉处理;被告反诉的,可以缺席判决。
"Article 129 If a plaintiff, having been served with a summons, refuses to appear in court without justified14 reasons, or if he withdraws during a court session without the permission of the court, the case may be considered as withdrawn15 by him; if the defendant files a counterclaim in the mean time, the court may make a judgment by default."
第一百三十条 被告经传票传唤,无正当理由拒不到庭的,或者未经法庭许可中途退庭的,可以缺席判决。
"Article 130 If a defendant, having been served with a summons, refuses to appear in court without justified reasons, or if he withdraws during a court session without the permission of the court, the court may make a judgment by default."



1 proceedings Wk2zvX     
  • He was released on bail pending committal proceedings. 他交保获释正在候审。
  • to initiate legal proceedings against sb 对某人提起诉讼
2 ascertain WNVyN     
  • It's difficult to ascertain the coal deposits.煤储量很难探明。
  • We must ascertain the responsibility in light of different situtations.我们必须根据不同情况判定责任。
3 judicial c3fxD     
  • He is a man with a judicial mind.他是个公正的人。
  • Tom takes judicial proceedings against his father.汤姆对他的父亲正式提出诉讼。
4 withdrawal Cfhwq     
  • The police were forced to make a tactical withdrawal.警方被迫进行战术撤退。
  • They insisted upon a withdrawal of the statement and a public apology.他们坚持要收回那些话并公开道歉。
5 investigation MRKzq     
  • In an investigation,a new fact became known, which told against him.在调查中新发现了一件对他不利的事实。
  • He drew the conclusion by building on his own investigation.他根据自己的调查研究作出结论。
6 testimony zpbwO     
  • The testimony given by him is dubious.他所作的证据是可疑的。
  • He was called in to bear testimony to what the police officer said.他被传入为警官所说的话作证。
7 inspection y6TxG     
  • On random inspection the meat was found to be bad.经抽查,发现肉变质了。
  • The soldiers lined up for their daily inspection by their officers.士兵们列队接受军官的日常检阅。
8 inspectors e7f2779d4a90787cc7432cd5c8b51897     
n.检查员( inspector的名词复数 );(英国公共汽车或火车上的)查票员;(警察)巡官;检阅官
  • They got into the school in the guise of inspectors. 他们假装成视察员进了学校。 来自《简明英汉词典》
  • Inspectors checked that there was adequate ventilation. 检查员已检查过,通风良好。 来自《简明英汉词典》
9 evaluation onFxd     
  • I attempted an honest evaluation of my own life.我试图如实地评价我自己的一生。
  • The new scheme is still under evaluation.新方案还在评估阶段。
10 defendant mYdzW     
  • The judge rejected a bribe from the defendant's family.法官拒收被告家属的贿赂。
  • The defendant was borne down by the weight of evidence.有力的证据使被告认输了。
11 judgment e3xxC     
  • The chairman flatters himself on his judgment of people.主席自认为他审视人比别人高明。
  • He's a man of excellent judgment.他眼力过人。
12 conciliation jYOyy     
  • By conciliation,cooperation is established.通过调解,友好合作关系得以确立。
  • Their attempts at conciliation had failed and both sides were once again in dispute.他们进行调停的努力失败了,双方再次陷入争吵。
13 rendering oV5xD     
  • She gave a splendid rendering of Beethoven's piano sonata.她精彩地演奏了贝多芬的钢琴奏鸣曲。
  • His narrative is a super rendering of dialect speech and idiom.他的叙述是方言和土语最成功的运用。
14 justified 7pSzrk     
  • She felt fully justified in asking for her money back. 她认为有充分的理由要求退款。
  • The prisoner has certainly justified his claims by his actions. 那个囚犯确实已用自己的行动表明他的要求是正当的。
15 withdrawn eeczDJ     
  • Our force has been withdrawn from the danger area.我们的军队已从危险地区撤出。
  • All foreign troops should be withdrawn to their own countries.一切外国军队都应撤回本国去。