CHINA Law and Practice Contributed by: Chuanhong Long, Ji Liu and Xiao Jin, CCPIT Patent and Trademark Law Office
court typically schedules a hearing for the par- ties to review the first instance judgment. The length of the hearing depends on the com- plexity of the case. It may last several days or even end in ten minutes. There may be multi- ple hearings if necessary, such as if one party submits new but conclusive evidence after the hearing. In this case, the court may have to hold another session to cross-examine the evidence and reconsider the case. 7.3 Jury Trials in Civil Cases There are no jury trials in China. 7.4 Rules That Govern Admission of Evidence Objectivity, Legality and Relevance The rules governing the admission of evidence at trial in China require that evidence be objec- tive, legal, and relevant. • Objectivity: The evidence must reflect objec- tive facts. • Legality: The evidence must be collected and preserved in accordance with the law. Evi- dence collected illegally is not admissible. • Relevance: The evidence must be relevant to the facts of the case. Irrelevant evidence will be excluded. Time Limit for Adducing Evidence Parties are required to submit evidence within the time limit set by the court. Parties may sub- mit additional evidence after the time limit or even during the hearing, but they are discour- aged from doing so. Courts will generally not refuse to admit this evidence, but the party that misses the time limit should have a good reason for doing so. Otherwise, the court may reject the evidence or admit it but issue a warning or fine. If late evidence is admitted, the other party will
have an opportunity to cross-examine it and pro- vide evidence to the contrary. 7.5 Expert Testimony Expert testimony is permitted at trial in China. Parties may request the court to allow expert witnesses and expert testimony. The court will assess whether the expert witness requested by the parties is qualified to explain certain knowl- edge and facts to the court. Parties may also apply to the court to have an expert appointed to the case. Both parties must agree on the candidate for the qualified expert. If the parties cannot agree, the court may appoint an expert. On the other hand, if the court believes that it is necessary to examine certain issues, it may appoint a qualified expert ex officio. 7.6 Extent to Which Hearings Are Open to the Public Anyone may apply to the court to attend hear- ings. Hearings are open to the public unless the case involves state secrets, trade secrets, or personal privacy. Transcripts of hearings are not publicly acces- sible. Only the parties and their agent ad litem can request access to the transcripts. 7.7 Level of Intervention by a Judge The judge generally controls the trial and focus- es on fact-finding throughout by, for example, reviewing the evidence, conducting court inves- tigations, listening to the parties’ arguments, organising court debates, and seeking expert advice. There are no specific rules on the timing of issu- ing a judgment. In most cases, the court issues
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