Chương V Bộ luật Tố tụng dân sự 2004: Thành phần giải quyết vụ việc dân sự

Chapter V

COMPOSITION OF PANELS FOR RESOLUTION OF CIVIL CASES AND MATTERS

Article 52.- Composition of the panel for first-instance trial of civil cases

The panel for first-instance trial of civil cases shall be composed of one judge and two people's jurors. In special cases, the first-instance trial panel may consist of two judges and three people's jurors.

Article 53.- Composition of a panel for appellate trial of civil cases

The panel for appellate trial of civil cases shall be composed of three judges.

Article 54.- Composition of the panel for cassation or reopening trial of civil cases

1. The cassation or reopening trial panels of the provincial-level people's courts shall be the Judges' Committees of the provincial-level people's courts.

When the Judges' Committees of the provincial-level people's courts conduct the cassation or reopening trials of legally effective judgments or decisions, at least two-thirds of the total number of their respective members must participate therein.

2. The cassation or reopening trial panel of a specialized tribunal of the Supreme People's Court is composed of three judges.

3. The cassation or reopening trial panel of the Supreme People's Court shall be the Judges' Council of the Supreme People's Court.

When the Judges' Council of the Supreme People's Court conducts the cassation or reopening trials of legally effective judgments or decisions, at least two-thirds of the total number of its members must participate therein.

Article 55.- Arrangements for resolution of civil matters

1. The civil, marriage and family, business, trade or labor requests prescribed in Clause 5 of Article 26, Clause 6 of Article 28, Clauses 2 and 3 of Article 30, and Article 32 of this Code or the appeals, protests against civil matter-settling decisions shall be settled by a board of three judges.

2. The civil, marriage and family, business, trade or labor requests which do not fall within the cases prescribed in Clause 1 of this Article shall be settled by one judge.

3. Arrangement for resolution of business or trade requests prescribed in Clause 1, Article 30 of this Code shall comply with law provisions on commercial arbitration.