Section 3 Trial in Court
"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.
"Article 121 For civil cases, the people's court shall, whenever necessary, go on circuit to hold trials on the spot."
"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."
"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."
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;
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."
"Article 126 Additional claims by the plaintiff, counterclaims by the defendant10
and third-party claims related to the case may be tried in combination."
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."
"Article 128 At the end of the court debate, a judgment11
shall be made according to the law. "
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."
"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."
"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."