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02 23

离婚开庭注意事项有哪些

  • 发布日期: 2019-02-23

一、离婚开庭注意事项有哪些
 
I. What are the matters needing attention in divorce proceedings
 
 
 
该带的诉讼材料,如身份证、答辩状、证据原件一定要带齐。法院一般让当事人做的陈述,最好前提写好,开庭一边看,一边说。由于原、被告所处的角度不同,准备的陈述材料也不同。作为原告,在陈述时,应尽量把夫妻感情破裂的表现以及事实陈述清楚,并配有相关例证。作为被告,应尽量围绕夫妻感情尚可、不到分手地步为中心,摆事实,讲道理。不要强调对方某一点的陈述不符合事实,而要把握整个大的方向,不要被对方“牵着鼻子走”,陷入诉讼中的被动。
 
The litigation materials, such as identity cards, pleadings and original evidence, must be brought with them. Courts generally let the parties to make statements, the best premise is to write well, while watching the court session, while saying. Because the plaintiff and the defendant are in different angles, the prepared statements are also different. As a plaintiff, when making a statement, we should try our best to clarify the manifestation of the couple's emotional breakdown and the factual statement, with relevant examples. As a defendant, we should try our best to focus on the couple's emotions, not to break up, lay the facts and reason. Do not emphasize that the statement of one point of the other party is not true, but should grasp the overall direction, not be "led by the nose" by the other party, into the passive litigation.
 
 
 
在辩论阶段,听对方陈述时一定要聚神会神,不要为对方不中听的言辞气晕了头脑。对方说的不对的要点,要拿笔记住,然后继续向下听。在反驳时,要有条理地围绕自己的主张反驳。很多当事人在答辩时,往往按对方说错的地方,一条一条纠正,作为辩论提纲,其实这是不妥的,要有自己的思路,不要顺着对方安排的路走,以防陷入对方的陷阱。
 
In the debate stage, listen to the other party's statement must be focused, not for the other party's inappropriate words dizzy. If the other person says something wrong, take a note and listen down. When refuting, we should systematically revolve around our own opinions. When many parties reply, they often correct each other's mistakes one by one as the outline of the debate. In fact, this is not appropriate. They should have their own ideas and not follow the other's arrangement in order to avoid falling into the trap of the other party.
 
 
 
二、离婚案件开庭审理的程序是怎样的
 
2. What is the procedure for hearing divorce cases
 
 
 
与一般的民事案件相同,离婚案件的审理程序也可分为三个阶段,即审理前的准备;开庭审理;作出判决。
 
As in general civil cases, divorce proceedings can also be divided into three stages: preparation before trial; trial at court; and judgment.
 
 
 
开庭审理是指人民法院在完成审判前的准备工作之后,在法院或其他适宜场所设置的法庭,对案件进行审理的全过程。开庭审理是合议庭对案件进行实体审理的阶段。其方式主要是有公开审理和不公开审理。一般民事案件以公开审理为原则,不公开审理为补充。根据《民事诉讼法》第120条的规定,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。离婚案件,涉及商业秘密的案件,当事人申请不公开审理的,可以不公开审理。由此可知,离婚案件一般也公开审理,但如果当事人申请不公开审理的,可以不公开审理,其决定权在于人民法院。法律之所以规定“当事人申请不公开审理的,可以不公开审理”,是因为离婚案件有其自身的特殊性。在审理中可能会涉及到个人隐私、感情上的一些不愿意公之于众的内容。因此,如果当事人申请不公开审理的,法庭一般都会允许。
 
Opening trial refers to the whole process of hearing a case by a court set up in a court or other suitable place after the people's court has completed the preparatory work before the trial. Court hearing is the stage in which the collegial panel conducts substantive trial of the case. The main ways are public trial and non-public trial. General civil cases are based on the principle of public trial and supplemented by non-public trial. In accordance with the provisions of Article 120 of the Civil Procedure Law, the people's courts shall hear civil cases in public, except those involving state secrets, personal privacy or other provisions of the law. Divorce cases, involving business secrets, may be heard in private if the parties apply for a non-public hearing. From this we can see that divorce cases are generally heard in public, but if the parties apply for a non-public hearing, they can be heard in private, and their decision-making power lies in the people's court. The reason why the law stipulates that "if a party applies for a non-public hearing, he may not hear it in public" is that the divorce case has its own particularity. In the trial may involve personal privacy, emotional content that is unwilling to be made public. Therefore, if a party applies for a private hearing, the court will generally allow it.
 
 
 
人民法院审理离婚案件,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。公告可以张贴于人民法院的公告栏,也可以在公共场所或当事人的住所地和工作单位张贴。
 
In handling divorce cases, the people's court shall notify the parties and other litigant participants three days before the opening of the court session. Where a public hearing is conducted, the name of the party concerned, the cause of the case and the time and place of the hearing shall be announced. The announcement may be posted on the bulletin board of the People's Court or in public places or in the place of residence and work units of the parties concerned.
 
 
 
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。开庭审理前时,由审判长核对当事人,宣布案由,宣布审判人员、书记员名单,告知当事人有关的诉讼权利义务,询问当事人是否提出回避申请。
 
Before the hearing, the clerk shall ascertain whether the parties and other litigant participants are present in court and announce court discipline. Before the hearing, the presiding judge shall check the parties, announce the cause of the case, announce the list of judges and clerks, inform the parties of their relevant litigation rights and obligations, and inquire whether the parties have applied for withdrawal.
 
 
 
开庭审理前的准备工作做好之后,法庭进入法庭调查阶段。法庭调查按照下列顺序进行:(一)当事人陈述;(二)告知证人的权利义务,证人作证,宣读未到庭的证人证言。(三)出示书证、物证和视听资料;(四)宣读鉴定结论;(五)宣读勘验笔录。当事人在法庭上可以提出新证据,而且当事人经法庭许可,可以向证人、鉴定人、勘验人发问。
 
After the preparatory work before the trial is completed, the court enters the stage of court investigation. Court investigations are conducted in the following order: (1) statements by the parties; (2) informing witnesses of their rights and obligations, witnesses testify, and reading out testimony of witnesses who are not present in court. (3) Presentation of documentary evidence, material evidence and audio-visual materials; (4) Reading of appraisal conclusions; (5) Reading of investigation records. The parties may present new evidence in court and, with the permission of the court, may question witnesses, expert witnesses and investigators.
 
 
 
法庭调查完结之后,是法庭辩论。法庭辩论按照下列顺序进行:(一)原告及其诉讼代理人发言;(二)被告及其诉讼代理人答辩;(三)互相辩论。法庭辩论终结后,由审判长按照原告、被告的先后顺序征询各方最后意见。
 
After the court investigation, it was a court debate. The court debates are conducted in the following order: (1) the plaintiff and his agent ad litem speak; (2) the defendant and his agent ad litem reply; (3) mutual debate. At the end of the court debate, the presiding judge shall solicit the final opinions of the parties in accordance with the order of plaintiff and defendant.
 
 
 
人民法院在依法受理离婚案件之后,往往会严格按照《民事诉讼法》中的规定做出审理,此时必须要先做出调解,而在调解无效的情况下,同时满足了《婚姻法》中的法定情形,那么才会准予夫妻解除婚姻关系。所以,一方去法院起诉离婚,即使没有调解和好或者调解离婚,最终也不见得就是被判离婚。
 
After accepting divorce cases in accordance with the law, people's courts often try them in strict accordance with the provisions of the Civil Procedure Law. At this time, mediation must be made first. If mediation is invalid and the legal situation in the Marriage Law is satisfied at the same time, husband and wife will be allowed to dissolve their marriage relationship. Therefore, if one party goes to court to sue for divorce, even if there is no reconciliation or mediation, the divorce will not necessarily end up being sentenced to divorce.


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