合同纠纷开庭审理流程Contract dispute hearing process
现今很多公民的维权意识在不断增强，合同在生活中的使用越来越广泛，合同是社会发展中一个非常重要的因素。那么合同纠纷开庭审理流程是怎样的?
一、合同纠纷开庭审理流程
《中华人民共和国民事诉讼法》规定合同纠纷开庭审理一般分为以下阶段：第一、诉讼主体核实及权利告知。核对当事人身份，宣布合议庭成员，告知当事人权利义务，询问是否申请回避。第二，法庭调查。双方当事人就其主张的事实向法庭和对方当事人举证，由对方当事人就举示的证据提出质证意见。第三，法庭辩论。各方当事人就有争议的事实和法律问题，围绕本案的争议焦点进行辩驳和论证。第四，调解。法庭会询问双方当事人是否有调解意向，如果一方证据不足可能败诉的，要抓住调解的机会减少损失。若任何一方不同意调解，则法院不再对双方进行调解。
二、民事合同纠纷诉讼时效是多长
民事合同纠纷诉讼时效最短是三年，最长是二十年。诉讼或者仲裁时效是权利人请求法院或者仲裁机构解决争议，保护其权益而提起诉讼或者申请仲裁的法定期限。法律规定诉讼时效的目的，在于促使当事人尽早行使权利，尽快解决当事人间的纠纷。
一般的合同纠纷按照《民法典》的规定，诉讼时效为3年，几类特殊的争议，如租赁合同中延付或拒付租金的争议，保管合同中寄存物被丢失或损毁的争议的诉讼时效为一年。
由于合同的复杂性、地域性，因此，因国际货物买卖合同和技术进出口合同争议提起诉讼或者申请仲裁的期限为四年。其他法律规定了特别时效的，依照其规定，如海商法规定的货运赔偿请求权的时效为一年。诉讼时效的起算时间，自当事人知道或者当应知道其权利受到侵害之日起计算。
诉讼时效的开始，也称诉讼时效的起算，是指从什么时候开始计算诉讼时效。时间既然是一个法律事实，确定其起始时间就特别重要。整个诉讼时效制度的基础是有权利而不行使这一事实。民事权利主体享有权利却长期不行使，这就需要从法律上加以限制。
三、民事合同纠纷的诉讼流程
(一)原告起诉。
(二)法院受理后将起诉书副本送达被告。
(三)被告在十五日内提交答辩状,法院在五日内将答辩状副本送达原告如果被告不提交答辩状,不影响审理。
(四)决定开庭审理的案件,法院在三日前通知当事人并公告。
(五)法庭调查阶段包括:当事人陈述;告知证人的权利义务，证人作证，宣读未到庭的证人证言;出示书证、物证和视听资料;宣读鉴定结论;宣读勘验笔录。
(六)法庭辩论包括:原告及其诉讼代理人发言;被告及其诉讼代理人答辩;第三人及其诉讼代理人发言或者答辩;互相辩论。法庭辩论终结，由审判长按照原告、被告、第三人的先后顺序征询各方最后意见。
(七)法庭辩论终结，应当依法作出判决。判决前能够调解的，还可以进行调解，调解不成的，应当及时判决。
(八)判决宣告。
合同纠纷案件立案后的开庭日期由法院根据具体情况安排，法院会在开庭三日前通知当事人和其他诉讼参与人。
Nowadays, many citizens' awareness of safeguarding their rights is constantly increasing, and contracts are increasingly used in daily life. Contracts are a very important factor in social development. So what is the process of hearing contract disputes in court?
1、 Contract dispute hearing process
The Civil Procedure Law of the People's Republic of China stipulates that the trial of contract disputes is generally divided into the following stages: first, verification of the litigation subject and notification of rights. Verify the identity of the parties involved, announce the members of the collegial panel, inform the parties of their rights and obligations, and inquire whether to apply for recusal. Secondly, the court investigation. Both parties shall provide evidence to the court and the other party regarding their claims, and the other party shall provide cross examination opinions on the evidence presented. Thirdly, court debates. All parties involved shall argue and argue around the disputed focus of this case regarding disputed facts and legal issues. Fourthly, mediation. The court will inquire whether both parties have an intention to mediate. If one party lacks sufficient evidence and may lose the case, they should seize the opportunity of mediation to reduce losses. If either party does not agree to mediation, the court will no longer mediate between the two parties.
2、 What is the statute of limitations for civil contract disputes
The shortest statute of limitations for civil contract disputes is three years, and the longest is twenty years. The statute of limitations for litigation or arbitration is the statutory time limit for the right holder to request the court or arbitration institution to resolve disputes and protect their rights and interests, and to file a lawsuit or apply for arbitration. The purpose of setting a statute of limitations for litigation by law is to encourage the parties to exercise their rights as soon as possible and resolve disputes between the parties as soon as possible.
According to the provisions of the Civil Code, the statute of limitations for general contract disputes is three years. For several special types of disputes, such as disputes over delayed or refused payment of rent in lease contracts, and disputes over lost or damaged items in custody contracts, the statute of limitations for litigation is one year.
Due to the complexity and regional nature of the contract, the time limit for filing a lawsuit or applying for arbitration in disputes arising from international contracts for the sale of goods and technology import and export contracts is four years. If other laws provide for special time limits, according to their provisions, such as the maritime law, the time limit for the right to claim compensation for freight is one year. The start time of statute of limitations for litigation shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.
The start of statute of limitations, also known as the calculation of statute of limitations, refers to when the statute of limitations starts to be calculated. Since time is a legal fact, determining its starting time is particularly important. The basis of the entire statute of limitations system is the fact that there is a right but not a right to exercise it. The subject of civil rights enjoys rights but cannot exercise them for a long time, which requires legal restrictions.
3、 Litigation process for civil contract disputes
（1） The plaintiff filed a lawsuit.
（2） After being accepted by the court, a copy of the indictment shall be served on the defendant.
（3） The defendant shall submit a defense within fifteen days, and the court shall serve a copy of the defense on the plaintiff within five days. If the defendant fails to submit a defense, it shall not affect the trial.
（4） The court shall notify the parties and make a public announcement three days in advance of the decision to hear the case in court.
（5） The court investigation stage includes: statements by the parties involved; Inform witnesses of their rights and obligations, witness testimony, and read out testimony from witnesses who have not appeared in court; Present documentary evidence, physical evidence, and audio-visual materials; Read out the appraisal conclusion; Read out the transcript of the investigation.
（6） Court debates include: statements by the plaintiff and their litigation representatives; Defense by the defendant and their litigation representatives; Speech or defense by third parties and their litigation representatives; Debate with each other. At the end of the court debate, the presiding judge shall solicit the final opinions of all parties in the order of the plaintiff, defendant, and third party.
（7） At the end of the court debate, a judgment shall be made in accordance with the law. If mediation can be carried out before the judgment, mediation can also be carried out. If mediation fails, a timely judgment should be made.
（8） Declaration of judgment.
The trial date for contract dispute cases after filing shall be arranged by the court according to specific circumstances, and the court shall notify the parties and other litigation participants three days in advance of the trial.