Section 2 Preparations for Trial

Article 113 The people's court shall send a copy of the statement of complaint to the defendant within five days from the date of docketing the case, and the defendant shall file a statement of defence within 15 days from the date of receipt of the copy of the statement of complaint.

When the defendant files a defence, the people's court shall send a copy of it to the plaintiff within five days from the date of its receipt. Failure by the defendant to file a defence shall not prevent the case from being tried by the people's court.

Article 114 The people's court shall, with respect to cases whose acceptance has been decided, inform the parties in the notification of acceptance and in the notification calling for response to the action of their relevant litigation rights and obligations of which the parties may likewise be informed orally.

Article 115 The parties shall be notified within three days after the members of the collegial panel are determined.

Article 116 The judicial officers must carefully examine and verify the case materials and carry out investigations and collection of necessary evidence.

Article 117 The personnel sent by a people's court to conduct investigations shall produce their papers before the person to be investigated.

The written record of an investigation shall be checked by the person investigated and then signed or sealed by both the investigator and the investigated.

Article 118 A people's court may, when necessary, entrust a people's court in another locality with the investigations.

The entrusting people's court shall clearly set out the matters for and requirements of the entrusted investigations. The entrusted people's court may on its own initiative conduct supplementary investigations.

The entrusted people's court shall complete the investigations within 30 days after receiving the commission in writing. If for some reasons it cannot complete the investigations, the said people's court 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 action fails to participate in the proceedings, the people's court shall notify him to participate.

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 proceedings 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 ascertain 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 judicial 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 withdrawal of any court personnel.

Article 124 Court investigation shall be conducted in the following order:

(1) statements by the parties;

(2) informing the witnesses of their rights and obligations, giving testimony 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 inspection.

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.

Any request by the parties concerned for a new investigation, expert evaluation or inspection shall be 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 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; and

(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.