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COURT RULES OF THE PEOPLE'S COURTS OF THE PEOPLE'S REPUBLIC OF CHINA
 
(Circular of the Supreme People's Court on Distributing the Court Rules of the People's Courts of the People's Republic of China (No.40 [1993] of the Supreme People's Court), November 26, 1993: Court Rules of the People's Courts of the People's Republic of China have been adopted at the 617th Session of the Judicial Committee of the Supreme People's Court, and shall come into force on January 1, 1994)
     
     
SUBJECT : COURT RULES
ISSUING DEPARTMENT : THE SUPREME PEOPLE'S COURT OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 11/26/1993
IMPLEMENT DATE : 01/01/1994
LENGTH : 574 words
TEXT :
Article 1. In order to maintain the court order and to guarantee the normal proceeding of adjudicative activities, these rules have been formulated in accordance with the Organic Law of the People's Republic of China on the People's Courts and other relevant laws.


Article 2. Where a people's court holds a court session to try a case, the chief judge of the collegial panel or the sole judge shall preside over the adjudicative activities, and direct the judicial police to maintain the court order.


Article 3. The national emblem shall be hung on the front side of the court.


Article 4. The judges, clerks, public prosecutors or protestors, and the judicial police that attend the court session shall wear the clothes provided for; the defenders, law agents, witnesses, expert examiners, on-site examiners, interpreters and other litigant participants that attend the court session shall wear decent clothes.


Article 5. All the persons shall stand up when the judges enter the courtroom and when the chief judge or sole judge pronounces the judgment.


Article 6. The judges shall carry out the adjudicative activities strictly in accordance with the judicial proceedings provided for by the law, and guarantee the litigious rights of the litigant participants.


Article 7. The litigant participants shall observe the court rules, maintain the court order, and may not make noises or hubbubs; they must get the permission of the chief judge or sole judge to make speeches, statements and arguments.


Article 8. In case of an open trial, citizens may audit in the trial, and they shall take the audit cards issued by the people's court for entering the courtroom if necessary, according to the situation of the courtroom and the number of auditing citizens.

The following persons may not audit in a trial:

(1) Minors (expect those approved by the court);

(2) Mental patients and drunken persons;

(3) Other persons unfit for auditing.


Article 9. Auditing persons must observe the following disciplines:

(1) Not to make sound or video recordings, or to take photographs;

(2) Not to get around at will or to enter the adjudicative area;

(3) Not to make speeches or to raise questions; and

(4) Not to applause, make noises, hubbubs, or conduct other acts impairing the adjudicative activities.


Article 10. Journalists shall observe these rules when auditing. They may not make sound or video recordings or take photographs during the court session without the permission of the chief judge or sole judge.


Article 11. For those violating the court rules, the chief judge or sole judge may give them oral warnings or admonitions, or confiscate the equipments for sound or video recording or for photographing, and order the violators to leave the court room, or impose on them fines or detention upon the approval of the president of the court.


Article 12. For those seriously disturbing the court order by making hubbubs in or assaulting the courtroom, or by insulting, slandering, threatening or beating the judges, their criminal responsibilities shall be prosecuted pursuant to law.

Those with less serious circumstances may be imposed on fines or detention.


Article 13. Compulsory measures shall be taken by the judicial police against those violating the court rules.


Article 14. Foreigners or foreign journalists shall observe these Rules in auditing.


Article 15. These Rules shall come into force on January 1, 1994, the Court Rules of the People's Courts of the Peoples' Republic of China (Trial) shall be repealed at the same time.
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