中华人民共和国民事诉讼法(英文版)Civil Procedure Law of the People\'s
Republic of China
(Adopted by the Fourth Session of the Seventh National People\'s Congress
on April 9, 1991, promulgated by the Order No 44 of the President of the
People\'s Republic of China, and effective on the date of its
promulgation)
Content
Part One General Provisions
Chapter I Aim, Scope of Application and Basic Principles
Chapter II Jurisdiction
Section 1 Jurisdiction by Level
Section 2 Territorial Jurisdiction
Section 3 Referral and Designation of Jurisdiction
Chapter III Trial Organization
Chapter IV Withdrawal
Chapter V Participants in Proceedings
Section 1 Parties
Section 2 Agents ad litem
Chapter VI Evidence
Chapter VII Time Periods and Service
Section 1 Time Periods
Section 2 Service
Chapter VIII Conciliation
Chapter IX Property Preservation and Preliminary Execution
Chapter X Compulsory Measures against Impairment of Civil Actions
Chapter XI Litigation Costs
Part Two Trial Procedure
Chapter XII Ordinary Procedure of First Instance
Section 1 Initiating An Action and Accepting a Case
Section 2 Preparations for Trial
Section 3 Trial in Court
Section 4 Suspension and Termination of an Action
Section 5 Judgment and Order
Chapter XIII Summary Procedure
Chapter XIV Procedure of Second Instance
Chapter XV Special Procedure
Section 1 General Stipulations
Section 2 Cases Concerning the Credentials of Voters
Section 3 Cases Concerning the Proclamation of a Person as Missing or
Dead
Section 4 Cases Concerning the Determination of a Citizen as Incompetent
or with Limited Capacity for Civil Conduct
Section 5 Cases Concerning the Determination of a Property as Ownerless
Chapter XVI Procedure for Trial Supervision
Chapter XVII Summary Procedure for Recovering a Debt
Chapter XVIII Procedure for Public Invitation to Assert Claims
Chapter XIX Procedure for Debt Repayment after Bankruptcy of Enterprises
as Legal Persons
Part Three Procedure of Execution
Chapter XX General Stipulations
Chapter XXI Application for and Referral of Execution
Chapter XXII Execution Measures
Chapter XXIII Suspension and Conclusion of Execution
Part Four Special Stipulations on Civil Procedures Involving Foreign
Interests
Chapter XXIV General Principles
Chapter XXV Jurisdiction
Chapter XXVI Service and Time Periods
Chapter XXVII Property Preservation
Chapter XXVIII Arbitration
Chapter XXIX Judicial Assistance
Part One General Provisions
Chapter I Aim, Scope of Application and Basic Principles
Article 1
The Civil Procedure Law of the People\'s Republic of China is enacted on
the basis of the Constitution and in line with the experiences and
actual conditions of our country in trying civil cases.
Article 2
The aim of the Civil Procedure Law of the People\'s Republic of China is
to protect the exercise of the litigation rights of the parties, ensure
that the people\'s courts ascertain facts, distinguish right from wrong,
apply the law correctly, try civil cases promptly, affirm the relations
of civil rights and obligations, punish acts violating civil law,
protect the lawful rights and interests of the parties, educate citizens
to voluntarily abide by the law, maintain the social order and economic
order, and guarantee the smooth progress of the cause of the socialist
construction.
Article 3
The provisions of this Law shall be applicable to civil lawsuits
concerning disputes over the property relations and the relations of
persons between citizens, between legal persons and between other
organizations as well as among citizens, legal persons and other
organizations.
Article 4
Whichever engages in civil lawsuits within the territory of the People\'s
Republic of China must abide by this Law.
Article 5
Foreign nationals, stateless persons, foreign enterprises and
organizations that institute or respond to proceedings in the people\'s
courts shall have the same litigation rights and obligations as
citizens, legal persons and other organizations of the People\'s Republic
of China.
Where the courts of a foreign country impose restrictions on the civil
litigation rights of the citizens, legal persons and other organizations
of the People\'s Republic of China, the people\'s courts of the People\'s
Republic of China shall follow the principle of reciprocity regarding
the civil litigation rights of the citizens, enterprises and
organizations of that foreign country.
Article 6
The people\'s courts shall exercise the judicial authority with respect
to civil cases.
The people\'s courts shall try civil cases independently in accordance
with the law, and shall not be subject to interference by any
administrative organ, social group or individual.[page]
Article 7
In trying civil cases, the people\'s courts must base themselves on facts
and take the law as the criterion.
Article 8
The parties to a civil action shall have equal litigation rights. The
people\'s courts shall, in trying civil cases, guarantee and facilitate
the exercise of litigation rights by the parties, and apply the law
equally to the parties.
Article 9
In trying civil cases, the people\'s courts shall conduct conciliation
under the principles of voluntariness and lawfulness; where conciliation
efforts fail, the people\'s courts shall render judgments without delay.
Article 10
In trying civil cases, the people\'s courts shall, as provided for by
law, apply the systems of collegial panel, withdrawal, public trial, and
the system whereby the second instance is final.
Article 11
Citizens of all nationalities shall have the right to use their native
spoken and written languages in civil proceedings.
Where people of a minority nationality live in a concentrated community
or where a number of nationalities live together in one area, the
people\'s courts shall conduct hearings and issue legal documents in the
spoken and written languages commonly used by the local nationalities.
The people\'s courts shall provide interpretation for any participant in
the court proceedings who is not familiar with the spoken or written
languages commonly used by the local nationalities.
Article 12
In the trial of civil cases by the people\'s court, the parties shall
have the right to debate.
Article 13
The parties shall be entitled, within the scope stipulated by law, to
dispose of their civil rights and their litigation rights.
Article 14
The people\'s procuratorates shall have the right to exercise legal
supervision over the civil proceedings activities.
Article 15
If the civil rights and interests of the State, a collective or an
individual have been infringed upon, a State organ, social group,
enterprise or institution may support the unit or individual being
infringed upon to initiate legal action in a people\'s court.
Article 16
The people\'s conciliation committees shall be mass organizations to
conciliate civil disputes, which are to function under the guidance of
the grassroots people\'s governments and the grassroots people\'s courts.
A people\'s conciliation committee shall conduct conciliation in
accordance with legal provisions and the principle of voluntariness. The
parties concerned shall execute the agreement reached in conciliation:
those who refuse a conciliation or those for whom a conciliation has
failed or those who have retracted from a conciliation agreement may
initiate legal proceedings in a people\'s court.
In case where a people\'s conciliation committee violates the law in
conciliating civil disputes, a people\'s court shall make corrections.
Article 17
The people\'s congresses of the national autonomous areas may formulate
adoptive or supplementary provisions in accordance with the principles
of the Constitution and this Law and with the specific circumstances of
the local nationalities. Such provisions made by an autonomous region
shall be submitted to the Standing Committee of the National People\'s
Congress for approval. The provisions made by an autonomous prefecture
or autonomous county shall be submitted to the standing committee of the
people\'s congress of the relevant autonomous region or province for
approval and to the Standing Committee of the National People\'s Congress
for the record.
Chapter II Jurisdiction
Section 1 Jurisdiction by Level
Article 18
The grassroots people\'s courts shall have jurisdiction as courts of
first instance over civil cases, unless otherwise stipulated by this
Law.
Article 19
The intermediate people\'s courts shall have jurisdiction as courts of
first instance over the following civil cases:
(1). major cases involving foreign interests;
(2). cases that have major impact on the area under their jurisdiction;
and
(3). cases under the jurisdiction of the intermediate people\'s courts as
determined by the Supreme People\'s Court.
Article 20
The higher people\'s courts shall have jurisdiction as courts of first
instance over civil cases that have major impact on the areas under
their jurisdiction.
Article 21
The Supreme People\'s Court shall have jurisdiction as the court of first
instance over the following civil cases:
(1). cases that have major impact on the whole country; and
(2). cases that the Supreme People\'s Court deems it should try.
Section 2 Territorial Jurisdiction
Article 22
A civil lawsuit initiated against a citizen shall be under the
jurisdiction of the people\'s court in the place where the defendant has
his or her domicile; if the defendant\'s domicile is different from his
or her habitual residence, the lawsuit shall be under the jurisdiction
of the people\'s court in the place of his or her habitual residence.[page]
A civil lawsuit initiated against a legal person or any other
organization shall be under the jurisdiction of the people\'s court in
the place where the defendant has its domicile.
Where the domiciles or habitual residences of several defendants in the
same lawsuit are in the areas under the jurisdiction of two or more
people\'s courts, all of those people\'s courts shall have jurisdiction
over the lawsuit.
Article 23
The following civil lawsuits shall be under the jurisdiction of the
people\'s court in the place where the plaintiff has his or her domicile;
if the plaintiff\'s domicile is different from his or her habitual
residence, the lawsuit shall be under the jurisdiction of the people\'
court in the place of the plaintiff\'s habitual residence.
(1). cases concerning the status of persons not residing within the
territory of the People\'s Republic of China;
(2). cases concerning the status of persons whose whereabouts have been
unknown or who have been declared as missing;
(3). cases against persons who are undergoing rehabilitation through
labor; and
(5). cases against persons who are being imprisoned.
Article 24
A lawsuit initiated over a contract dispute shall be under the
jurisdiction of the people\'s court in the place where the defendant has
his or her domicile or where the contract is performed.
Article 25
The parties to a contract may choose through agreement stipulated in the
written contract the people\'s court in the place where the defendant has
his or her domicile, where the contract is performed, where the contract
is signed, where the plaintiff has his or her domicile or where the
subject matter is located to have jurisdiction over the case, however,
such an agreement may not violate the provisions of this Law regarding
jurisdiction by level and exclusive jurisdiction.
Article 26
An action initiated for an insurance contract dispute shall be under the
jurisdiction of the people\'s court in the place where the defendant has
his or her domicile or where the insured object is located.
Article 27
A lawsuit initiated for a dispute over a bill of exchange shall be under
the jurisdiction of the people\'s court in the place where the bill is
paid or where the defendant has his or her domicile.
Article 28
An action initiated for a dispute over railway, highway, water, or air
transport or through transport contract shall be under the jurisdiction
of the people\'s court in the place where the transport starts or ends or
where the defendant has his or her domicile.
Article 29
An action initiated for an infringing act shall be under the
jurisdiction of the people\'s court in the place where the infringing act
took place or where the defendant has his or her domicile.
Article 30
An action concerning claims for damages caused by a railway, highway,
water or aviation accident shall be under the jurisdiction of the
people\'s court in the place where the accident occurred or where the
vehicle or ship first arrived after the accident or where the aircraft
first landed after the accident, or where the defendant has his or her
domicile.
Article 31
An action initiated for damages caused by a ship collision or any other
maritime accident shall be under the jurisdiction of the people\'s court
in the place where the collision took place or where the collision ship
first docked after the accident or where the ship at fault was detained,
or where the defendant has his or her domicile.
Article 32
A lawsuit initiated for maritime salvage shall be under the jurisdiction
of the people\'s court in the place where the salvage took place or where
the salvaged vessel first docked after the disaster.
Article 33
A lawsuit initiated for general average shall be under the jurisdiction
of the people\'s court in the place where the ship first docked after the
general average took place or the adjustment of the general average was
conducted or where the voyage ended.
Article 34
The following cases shall be under the exclusive jurisdiction of the
people\'s courts specified in this Article:
(1). an action initiated for real estate shall be under the jurisdiction
of the people\'s court in the place where the estate is located;
(2). a lawsuit concerning a dispute over harbor operations shall be
under the jurisdiction of the people\'s court in the place where the
harbor is located; and
(3). a lawsuit concerning the succession of an inheritance shall be
under the jurisdiction of the people\'s court in the place where the
decedent had his or her domicile upon his or her death, or where the
principal part of his or her estate is located.
Article 35
When two or more people\'s courts have jurisdiction over the same
lawsuit, the plaintiff may bring his or her lawsuit in one of these
people\'s courts; if the plaintiff brings the lawsuit in two or more
people\'s courts that have jurisdiction over the lawsuit, it shall be
handled by the people\'s courts that first files the case.[page]
Section 3 Referral and Designation of Jurisdiction
Article 36
Where a people\'s court discovers that a case it has accepted is not
under its jurisdiction, it shall refer the case to the people\'s court
that has jurisdiction over the case. The people\'s court to which a case
has been referred shall accept the case, and if it considers that,
according to relevant regulations, the case referred is not under its
jurisdiction, it shall report it to a people\'s court at the higher level
for the designation of jurisdiction, and may not refer it again to
another people\'s court on its own initiative.
Article 37
In case that a people\'s court which has jurisdiction over a case is
unable to exercise the jurisdiction for special reasons, the people\'s
court at the higher level shall designate another court to exercise the
jurisdiction.
In the event of a dispute over the jurisdiction between the people\'s
courts, it shall be resolved by the parties to the dispute through
consultation; if such consultation fails to resolve the dispute, it
shall be reported to a people\'s court superior to both parties to the
dispute for the designation of jurisdiction.
Article 38
Where any party holds an objection to the jurisdiction of the people\'s
court over the case after the court has accepted the case, the party
shall raise the objection during the term for filing the bill of
defense. The people\'s court shall examine such an objection raised by
the party. If the objection is tenable, the people\'s court shall order
that the case be transferred to the people\'s court that has jurisdiction
over the case; if the objection is untenable, the people\'s court shall
order to turn it down.
Article 39
People\'s courts at higher levels shall have the authority to try civil
cases over which people\'s courts at lower levels have jurisdiction as
courts of first instance; may also transfer civil cases over which they
themselves have jurisdiction as courts of first instance to people\'s
courts at lower levels for trial.
In case that a people\'s court at a lower level deems it necessary for a
civil case of first instance under its jurisdiction to be tried by a
people\'s court at a higher level, it may request such a people\'s court
to try the case.
Chapter III Trial Organization
Article 40
In trying civil cases of first instance, the people\'s court shall form a
collegial panel consisting of both judges and assessors or of judges
alone. The collegial panel must have an odd number of members.
Civil cases to which summary procedure is applied shall be tried by a
single judge alone.
The assessors shall, while carrying out their duties as assessors, have
equal rights and obligations with the judges.
Article 41
In trying civil cases of second instance, the people\'s court shall form
a collegial panel of judges. The collegial panel must have an odd number
of members.
Regarding to a case remanded for a retrial, the people\'s court of first
instance that has originally tried the case shall form a new collegial
panel in accordance with the procedure of first instance.
If a case for retrial was originally tried at first instance, a new
collegial panel shall be formed according to the procedure of first
instance; if the case was originally tried at second instance or was
brought up by a people\'s court at a higher level for trial, a new
collegial panel shall be formed according to the procedure of second
instance.
Article 42
The president of the court or the chief judge of a division shall
designate a judge to serve as the presiding judge of the collegial
panel; if the president or the chief judge participates in the trial, he
himself or herself shall serve as the presiding judge.
Article 43
The collegial panel shall, when deliberating a case, observe the
principle that the minority shall defer to the majority. The
deliberations shall be recorded in writing, and the transcript shall be
signed by the members of the collegial panel. Diverging opinions in the
deliberations must be truthfully recorded in the transcript.
Article 44
The judicial personnel shall handle the case impartially and in
accordance with the law.
The judicial personnel may not accept any treat or gift from the parties
or their agents ad litem.
Any judicial personnel who commits embezzlement, accepts bribes,
practices favoritism for personal gains or perverts the law in making
judgment shall be investigated for legal responsibility; if a crime is
constituted, criminal responsibility shall be investigated according to
law.
Chapter IV Withdrawal
Article 45
Where any judicial personnel has any of the following circumstances, he
or she must withdraw, and the parties to the case shall also have the
right to request, orally or in writing, that he or she withdraws:
(1). being a party or a near relative of a party to the case or a near
relative of an agent ad litem in the case; [page]
(2). having a personal interest in the case; or
(3). having some other relationship with a party to the case that might
influence the impartial handling of the case.
The provisions of the preceding paragraph shall also apply to clerks,
interpreters, expert witnesses and inspectors.
Article 46
When a party is to request the withdrawal of a member of the judicial
personnel, reasons therefor shall be given and the request shall be
submitted at the beginning of the proceedings; the request for
withdrawal may also be submitted before the end of court debate if the
reason for the withdrawal becomes known only after the beginning of the
proceedings.
Prior to a decision on withdrawal by the people\'s court, the person who
has been requested to withdraw shall temporarily suspend his or her
participation in the proceedings of the case, but with the exception of
cases that require the adoption of emergency measures.
Article 47
The withdrawal of a court president who serves as the presiding judge
shall be decided by the judicial committee; the withdrawal of judicial
personnel shall be decided by the court president; the withdrawal of
other personnel shall be decided by the presiding judge.
Article 48
Regarding to a request for withdrawal made by a party, the people\'s
court shall make a decision, orally or in writing, within three days
after the request was made. If the party disagrees with the decision, it
may apply for reconsideration which could be granted only once. During
the period of reconsideration, person who has been requested to withdraw
shall not suspend his or her participation in the proceedings of the
case. The people\'s court shall, within three days after receiving the
application, make a reconsideration decision and notify the applicant of
the decision.
Chapter V Participants in Proceedings
Section 1 Parties
Article 49
Any citizen, legal person or any other organization may become a party
to a civil lawsuit.
Legal persons shall be represented by their legal representatives in
proceedings. Other organizations shall be represented by their principal
persons in charge in proceedings.
Article 50
The parties shall have the right to appoint agents, request withdrawals,
collect and provide evidence, engage in debate, request conciliation,
file an appeal and apply for execution.
The parties may consult the materials related the case, and may also
reproduce the materials and other legal documents pertaining to the
case. The scope and measures on consulting and reproducing materials
pertaining to the case shall be made by the Supreme People\'s Court.
The parties must exercise their litigation rights in accordance with the
law, observe litigation procedures and execute the legally effective
written judgments or orders and conciliation statements.
Article 51
The two parties may reach a compromise on their own.
Article 52
The plaintiff may relinquish or modify his or her claim. The defendant
may confirm or repudiate the claim and shall have the right to file a
counterclaim.
Article 53
When one party or both parties consist of two or more persons, the
subject matters of actions are the same or of the same category and the
people\'s court considers that, subject to the consent of the parties,
the lawsuit can be tried together, a joint lawsuit shall be constituted.
Where the individuals constituting a party to a joint lawsuit have
common rights and obligations with respect to the subject matter of
action and the act of litigation of one person is recognized by the
others of his or her party, such act shall be binding on all the other
members of his or her party; where the individuals in one party do not
have common rights and obligations with respect to the subject matter of
action, then the act of litigation of one person shall have no binding
force on the others of his or her party.
Article 54
A joint lawsuit in which one party consists of numerous persons may be
brought by representatives selected by and from the party. The act of
litigation of such representatives shall be effective for all members of
the party they represent, however, modification to or waiver of claims
of action, or confirmation of the claims of the other party, or
resorting to compromise by the representatives shall be subject to the
approval of the party they represent.
Article 55
With respect to a case in which the subject matter of action is of the
same category and one party consists of numerous persons or of an
uncertain number upon initiation of the lawsuit, the people\'s court may
issue a public notice, stating the particulars and claims of the case
and informing claimants to file at the people\'s court within a fixed
period of time.
Claimants who have filed at the people\'s court may select
representatives from among themselves to engage in litigation; if such
representatives cannot be created through selection, they may be decided
by the people\'s court through negotiation with the claimants who have
filed at the court.[page]
The act of litigation of such representatives shall be effective for the
party they represent, however, modification or waiver of claims of
action or confirmation of the claims of the other party or resorting to
a compromise by the representatives shall be subject to the approval of
the party they represent.
The judgments or orders rendered by the people\'s court shall be
effective for all the claimants who have filed at the court. The same
judgments or orders shall be binding on the claimants who have not filed
at the court but initiated legal proceedings during the limitation of
action.
Article 56
If a third party considers that it has an independent claim to the
subject matter of action of both parties, it shall have the right to
initiate an action.
If a third party has no independent claim to the subject matter of
action of both parties, however, the outcome of the case will affect its
interest legally, it may file a request to participate in the
proceedings or the people\'s court shall notify it to participate. A
third party that is to bear civil liability as judged by the people\'s
court shall have the litigation rights of a party.
Section 2 Agents ad litem
Article 57
Any person with no capacity for action shall have his or her guardians
as statutory agents to represent him or her in the proceedings. If the
statutory agents try to shift their responsibilities as statutory agents
onto one another, the people\'s court shall appoint one of them to
represent the principal in the proceedings.
Article 58
Each party or legal representative may appoint one or two persons to act
as his or her agents ad litem.
A lawyer, a party\'s near relative, a person recommended by a relevant
social group or the unit to which a party belongs or any other citizen
approved by the people\'s court may be entrusted as the party\'s agent ad
litem.
Article 59
When a person entrusts another to act on his or her behalf in the
proceedings, he or she must submit to the people\'s court a power of
attorney bearing his or her signature or seal.
The power of attorney must specify the matter and limits of authority
entrusted. An agent ad litem must possess special authorization from his
or her principal to confirm, relinquish or modify the claim or to resort
to compromise or file a counterclaim or an appeal.
A power of attorney mailed or delivered by a citizen of the People\'s
Republic of China residing abroad must be certified by the Chinese
embassy or consulate in that country; if there is no Chinese embassy or
consulate in that country, the power of attorney must be certified by an
embassy or a consulate of a third country that has diplomatic relations
with the People\'s Republic of China stationed in the country, and then
transferred for verification to the embassy or consulate of the People\'s
Republic of China stationed in that third state, or by a local patriotic
overseas Chinese organization.
Article 60
If the authority of an agent ad litem is changed or revoked, the party
shall inform the people\'s court in writing of such a change or
revocation, and the court shall notify the other party of the change or
revocation.
Article 61
A lawyer who serves as an agent ad litem and other agents ad litem shall
have the right to investigate and collect evidence, and may consult
materials pertaining to the case in accordance with relevant
regulations. The scope and measures on consulting materials pertaining
to the case shall be made by the Supreme People\'s Court.
Article 62
Where a party to a divorce case has entrusted an agent ad litem, the
party himself or herself shall, unless unable to express his or her
intention, also appear in court in person; the party who is truly unable
to appear in court due to a special reason shall submit his or her
opinion in writing to the people\'s court.
Chapter VI Evidence
Article 63
Evidence includes the following categories:
(1). documentary evidence;
(2). material evidence;
(3). audio-video materials;
(4). testimony of witnesses;
(5). statements of the parties;
(6). expert conclusions; and
(7). records of inquests.
Any of the above-mentioned evidence must be verified to be true before
it can be taken as a basis for ascertaining a fact.
Article 64
A party shall have the responsibility to provide evidence in support of
its own propositions.
With respect to the evidence that the party and its agent ad litem are
unable to obtain themselves because of objective reasons or that the
people\'s court considers necessary for the trial of the case, the
people\'s court shall investigate and collect it.
The people\'s court shall, in accordance with the procedure prescribed by
law, collect, examine and verify evidence comprehensively and
objectively.
Article 65
The people\'s court shall have the authority to investigate and obtain
evidence from the relevant units or individuals, and such units or
individuals may not refuse.[page]
The people\'s court shall distinguish the true from the false, verify and
determine the validity of documentary evidence provided by relevant
units or individuals.
Article 66
Evidence shall be presented in the court and be cross-examined by the
parties. However, evidence that involves State secrets, trade secrets or
personal privacy of individuals shall be kept confidential, if it is
necessary to be presented in the court, it may not be presented in an
open court session.
Article 67
The people\'s court shall take the legal acts, legal facts and documents
notarized according to legal procedures as basis for ascertaining facts,
except when there is contrary evidence sufficient to invalidate the
notarial certification.
Article 68
Any documentary material submitted as evidence shall be the original
one. Material evidence shall also be original. If it is truly difficult
to present the original document or material, then reproductions,
photographs, duplicates or extracts of the original may be submitted.
If a document in a foreign language is submitted as evidence, a Chinese
translation must be appended.
Article 69
The people\'s court shall distinguish the true from the false, and with
the reference of other evidence of the case, examine and determine
whether or not the audio-video materials can be taken as a basis for
ascertaining facts.
Article 70
All units and individuals who have information about a case shall have
the obligation to give testimony in court. Persons in charge of the
relevant units shall encourage the witnesses to give testimony. When it
would be truly difficult for a witness to appear in court, he or she
may, with the approval of the people\'s court, submit a written
testimony.
Any person who is unable to express his or her will properly and
correctly shall not testify.
Article 71
The people\'s court shall examine the statements of the parties in
connection with the other evidence of the case to determine whether or
not the statements can be taken as a basis for ascertaining facts.
If a party refuses to make a statement, this shall not prevent the
people\'s court from ascertaining the facts of a case on the basis of
other evidence.
Article 72
When the people\'s court deems it necessary to make an evaluation of a
specialized problem, it shall refer the problem to an authentication
department authorized by law for an evaluation; in the absence of such a
department, the people\'s court shall appoint an authentication
department to make the evaluation.
The authentication department and the expert witness designated by the
department shall have the right to consult the case materials necessary
for the evaluation, and may inquire the parties and witnesses when it is
so necessary.
The authentication department and expert witness shall present a written
conclusion of the evaluation, and affix his or her seal or signature to
it. With respect to an evaluation made by an expert witness, the unit to
which the expert witness belongs shall certify his or her status by
affixing its seal to the expert conclusion.
Article 73
When inspecting material evidence or a site, the inspector must present
his or her credentials issued by a people\'s court, and shall invite the
local grassroots organization or the unit to which the party belongs to
send persons to participate in the inquest. The party or an adult member
of his or her family shall be present; refusal to appear on the scene
shall not prevent the inquest from proceeding.
Upon notification by the people\'s court, the relevant units and
individuals shall have the obligation to preserve the site and assist in
the inquest.
The inspector shall make a written record of the circumstances and
results of the inquest, on which the inspector, the party and the
requested participants shall affix their signatures or seals.
Article 74
Under circumstances where there is a likelihood that evidence may cease
to exist or be lost or difficult to obtain later on, the participants in
proceedings may apply to the people\'s court for the evidence to be
preserved, the people\'s court may also take measures to preserve such
evidence on its own initiative.
Chapter VII Time Periods and Service
Section 1 Time Periods
Article 75
Time periods shall include those prescribed by law and those designated
by the people\'s court.
Time periods shall be calculated by the hour, the day, the month and the
year. The hour and day from which a time period begins shall not be
counted as within the time period.
If the expiration date of a time period falls on a holiday, then the day
immediately following the holiday shall be regarded as the expiration
date of the time period.
A time period shall not include traveling time, a litigation document
that is mailed before the expiration of a time limit shall not be
regarded as overdue.[page]
Article 76
If a party fails to meet a deadline due to force majeure or for other
justified reasons, the party may apply for an extension of the time
limit within 10 days after the obstacle is eliminated, whether or not an
extension shall be granted shall be decided by the people\'s court.
Section 2 Service
Article 77
A receipt shall be required for every litigation document that is
served, and the recipient of the service shall sign or affix his or her
seal to it and the date of receipt.
The date of receipt as signed by the recipient of the service shall be
regarded as the date on which the document is served.
Article 78
Litigation documents shall be served directly to the recipient of the
service. If the recipient of the service is a citizen, the documents
shall, in the case of his or her absence, be received by an adult member
of his or her family living with him or her; if the recipient of the
service is a legal person or any other organization, the document shall
be received by the legal representatives of the legal person or the
principal persons in charge of any other organization or the persons of
the legal person or any other organization in charge of receiving such
documents; if the recipient of the service has an agent ad litem, the
documents may be served to the agent ad litem; if the recipient of the
service has designated an agent to receive his or her litigation
documents and has informed the people\'s court of it, the documents may
be received by the agent.
The date of receipt as signed by the adult family member living with the
recipient of service, or persons in charge of receiving documents of
legal persons or other organizations, or agents ad litem, or agents
designated by a party to receive his or her documents shall be regarded
as the date on which the document is served.
Article 79
If the recipient of the service of a litigation document or the adult
family member living with him or her refuses to accept a legal document,
the person serving the document shall ask representatives from the
relevant grassroots organization or the unit to which the recipient of
the service belongs to be present at on the scene, explain the situation
to them, and record on the receipt the particulars of the refusal and
the date, after the person serving the document and the witnesses have
affixed their signatures or seals to the receipt, the document shall be
left at the place where the recipient of the service stays and the
service shall be considered completed.
Article 80
If direct service of a litigation document proves to be difficult,
service of the document may be entrusted to another people\'s court, or
it may be served by post. If a document is served by post, the date as
marked on the receipt shall be regarded as the date on which the
document is served.
Article 81
If the recipient of the service is in the military, the document shall
be forwarded to him or her by the political affairs organ at or above
the regimental level in the unit to which he or she belongs.
Article 82
If the recipient of the service is undergoing imprisonment, the document
shall be forwarded to him or her by the prison or unit of reform through
labor where he or she is serving his or her term.
If the recipient of the service is undergoing rehabilitation through
labor, the document shall be forwarded to him or her by the unit
supervising his or her rehabilitation through labor.
Article 83
Any organization or unit that receives a litigation document to be
forwarded must immediately deliver it to the recipient of the service
for a receipt. The date as marked on the receipt shall be regarded as
the date on which the document is served.
Article 84
If the whereabouts of a recipient of the service is unknown, or if a
document cannot be served by the other methods stipulated by this
Section, the document shall be served by public announcement. Sixty days
after the date of the public announcement, the document shall be deemed
to have been served.
The reasons for service by public announcement and the procedures taken
shall be recorded in the case files.
Chapter VIII Conciliation
Article 85
The people\'s court shall, in handling civil cases, distinguish between
right and wrong and conduct conciliation under the principle of
voluntariness of the parties and on the basis of evident facts.
Article 86
When a people\'s court conducts a conciliation, a single judge or a
collegial panel may preside, and conciliation?ˉs shall be conducted
locally whenever possible.
When a people\'s court conducts a conciliation, it may employ simplified
methods to notify the parties and witnesses to appear in court.
Article 87
When a people\'s court conducts a conciliation, it may request the
assistance of units or individuals concerned. The requested units or
individuals shall assist the people\'s court in conducting the
conciliation.[page]
Article 88
A conciliation agreement must be based on voluntariness of both parties,
and shall not be reached through compulsion. The content of the
conciliation agreement may not violate the provisions of the law.
Article 89
When a conciliation agreement is reached, the people\'s court shall draw
up a conciliation statement. A conciliation statement shall clearly set
forth the claims of the action, the facts about the case, and the result
of the conciliation.
The conciliation statement shall be signed by the judge and the court
clerk, affixed a seal of the people\'s court, and served to both parties.
Once the conciliation statement is received and signed by both parties,
it shall become legally effective.
Article 90
The people\'s court need not draw up a conciliation statement for the
following cases when an agreement is reached through conciliation:
(1). cases of divorce in which both parties have become reconciled after
conciliation;
(2). cases in which adoptive relationship has been maintained through
conciliation;
(3). cases in which the claims can be immediately satisfied; and
(4). other cases that do not require conciliation statements.
Any agreement that does not require a conciliation statement shall be
entered into the written record and shall become legally effective after
being signed or sealed by both parties, the judge and the court clerk.
Article 91
If no agreement is reached through conciliation or if one party retracts
before the conciliation statement is served, the people\'s court shall
render a judgment without delay.
Chapter IX Property Preservation and Preliminary Execution
Article 92
If it becomes impossible or difficult to execute a judgment because of
the acts of one of the parties or for other reasons, the people\'s court
may, at the request of the other party, order that property preservation
be adopted. In the absence of such request, the people\'s court may, when
necessary, also order to adopt property preservation measures.
When a people\'s court has decided to adopt property preservation, it may
instruct the applicant to provide a security; if the applicant fails to
do so, his or her application shall be rejected.
After receiving a party\'s application, if the case is urgent, the
people\'s court must make an order within 48 hours concerning property
preservation; if property preservation is granted by an order,
implementation thereof shall begin immediately.
Article 93
Any interested party whose lawful rights and interests, due to urgent
circumstances, would suffer unremediable harms without immediately
applying for property preservation, may, before filing the lawsuit,
apply to the people\'s court for the adoption of property preservation
measures. The applicant shall provide a security; if the applicant fails
to do so, his or her application shall be rejected.
After receiving a party\'s application, the people\'s court must make an
order within 48 hours concerning property preservation; if property
preservation is granted by an order, the implementation thereof shall
begin immediately.
If the applicant fails to bring an action within 15 days after the
people\'s court has adopted the preservation measures, the people\'s court
shall cancel the property preservation.
Article 94
Property preservation shall be limited to the scope of the claim or to
the property relevant to the case.
Property preservation shall be carried out by sealing up, distraining,
freezing or other methods as prescribed by law.
After the people\'s court freezes a property, it shall notify the person
against whom the application is made.
Property that has already been sealed up or frozen shall not be sealed
up or frozen again.
Article 95
If the applicant against whom the application is made provides a
security, the people\'s court shall cancel the property preservation.
Article 96
If the application is wrongfully made, the applicant shall compensate
the person against whom the application is made for any loss incurred
from property preservation.
Article 97
The people\'s court may, at the request of the parties, order preliminary
execution in respect to the following cases:
(1). those involving claims for alimony, support for children or elders,
pension for the disabled or the family of a decedent, or expenses for
medical care;
(2). those involving claims for remuneration for labor; and
(3). those involving urgent circumstances that require preliminary
execution.
Article 98
Cases in which preliminary execution is ordered by the people\'s court
shall meet the following conditions:
(1). the relationship of rights and obligations between the parties is
definite, and denial of preliminary execution would seriously affect the
life or business of the applicant; and
(2). the person against whom the application is made is capable of
fulfilling the obligations.[page]
The people\'s court may instruct the applicant to provide a security, if
the applicant fails to do so, his or her application shall be rejected.
If the applicant loses the lawsuit, he or she shall compensate the
person against whom the application is made for any loss of property
incurred from the preliminary execution.
Article 99
If a party is not satisfied with the order on property preservation or
preliminary execution, it may apply for reconsideration which could be
granted only once. Implementation of the order shall not be suspended
during the time of reconsideration.
Chapter X Compulsory Measures against Impairment of Civil Actions
Article 100
If a defendant is required to appear in court, but still refuses to
appear in court without justified reason after having been served twice
with subpoena, the people\'s court may summon him or her to court by a
warrant.
Article 101
Participants in proceedings and other persons shall abide by the court
rules.
Should any person violate the court rules, the people\'s court may
reprimand him or her or order him or her to leave the court, or impose a
fine or detention on him or her.
With respect to any person who seriously disrupts the court procedure by
making an uproar in the court or assaulting the courtroom, or insulting,
slandering, threatening, or beating the judicial personnel, criminal
responsibility shall be investigated according to law; if the
circumstances are minor, a fine or detention may be imposed thereon.
Article 102
If a participant in the proceedings or any other person commits any of
the following acts, the people\'s court may, in the light of the
seriousness of the circumstances, impose a fine or detention thereon; if
a crime is constituted, criminal responsibility shall be investigated
according to law:
(1). forging or destroying significant evidence, which would obstruct
the trial of a case by the people\'s court;
(2). resorting to violence, threats or subornation to hinder a witness
from giving testimony, or instigating, suborning, or coercing others to
give false testimony;
(3). concealing, transferring, selling or destroying property that has
been sealed up or distrained, or that has been made an inventory of and
has been put under his or her care according to instruction, or
transferring the property that has been frozen;
(4). insulting, slandering, incriminating with false charges, beating up
or retaliating against judicial personnel, participants in proceedings,
witnesses, interpreters, experts, inspectors or persons assisting in
execution;
(5). using violence, threats or other means to hinder judicial personnel
from performing their duties; or
(6). refusing to comply with the legally effective judgments or orders
made by the people\'s court.
If a unit has any of the acts mentioned in the preceding paragraph, the
people\'s court may impose a fine or detention on its principal person in
charge or persons directly held responsible; if a crime is constituted,
criminal responsibility shall be investigated according to law.
Article 103
With respect to a unit under an obligation to assist in investigation
and execution that commits any of the following acts, the people\'s court
may, apart from instructing it to perform its obligation to assist, also
impose a fine:
(1). refusing or obstructing, by units concerned, investigations and
collection of evidence by the people\'s court;
(2). after receiving a notification on assistance in execution from the
people\'s court, refusing by banks, credit cooperatives or other units
operating service of savings deposits to assist in inquiring, freezing
or transferring relevant deposit.
(3). after receiving a notification on assistance in execution from the
people\'s court, refusing by units concerned to assist in withholding the
income of the party subject to execution, handling formalities for
transferring relevant certificates and passing on relevant negotiable
instrument, certificates, or other property; or
(4). refusing to provide other obligatory assistance in execution.
With respect to a unit that commits any of the acts specified in the
preceding paragraph, the people\'s court may impose a fine on the
principal person in charge of the unit or the person held directly
responsible; the people\'s court may also put forward a proposal on the
imposition of disciplinary penalty to the supervisory organ and organs
concerned.
Article 104
A fine on an individual shall not exceed 1,000 Renminbi yuan. A fine on
a unit shall exceed 1,000 Renminbi yuan and not exceed 30,000 Renminbi
yuan.
A detention period shall not exceed 15 days.
The people\'s court shall deliver detained persons to a public security
organ for custody. The people\'s court may decide to grant the detained
person an early release if he or her admits and corrects his or her
wrongdoing.[page]
Article 105
Imposition of summons by warrant, fine or detention shall be subject to
approval of the president of a people\'s court.
Warrant shall be issued for carrying out summons by warrant.
Letters of decision shall be issued for fines and detentions. If an
offender is not satisfied with the decision, he or her may apply to a
people\'s court at a higher level for reconsideration that could be
granted only once. The execution of the decision shall not be suspended
during the time of reconsideration.
Article 106
Decision on the adoption of compulsory measures against impairment of
civil actions must be made by the people\'s court. Any unit or individual
that extorts a debt by illegitimate detention of a person or illegal
distraint of a property shall be investigated for criminal
responsibility according to law, or shall be punished with a detention
or fine.
Chapter XI Litigation Costs
Article 107
Any party filing a civil lawsuit shall pay a case acceptance fee in
accordance with relevant regulations. With respect to cases concerning
property, the party shall pay other litigation costs, in addition to
case acceptance fee.
Parties that have true difficulty in paying litigation costs may, in
accordance with relevant regulations, apply to the people\'s court for
suspension or reduction of or exemption from the payment.
Measures for the charging and collecting of litigation costs shall be
formulated separately.
Chapter XII Ordinary Procedure of First Instance
Section 1 Initiating An Action and Accepting a Case
Article 108
The following requirements must be met when an action is initiated:
(1). the plaintiff must be an individual, legal person or any other
organization that has a direct interest in the case;
(2). there must be a specific defendant;
(3). there must be a concrete claim, facts and cause of action; and
(4). the action must be within the scope of acceptance for civil
lawsuits of the people\'s courts and within the jurisdiction of the
people\'s court where it is filed.
Article 109
When initiating an action, a bill of complaint shall be submitted to the
people\'s court, and copies of the bill shall be prepared according to
the number of defendants.
If a plaintiff has true difficulty in writing a bill of complaint, he or
she may lodge his or her complaint orally, and the court shall
transcribe it into written records and inform the other party.
Article 110
A bill of complaint shall clearly set forth the following matters:
(1). the name, sex, age, nationality, occupation, employer and address
of the party, or the name, address and name and position of the legal
representative or principal person in charge of the legal person or
other organization;
(2). the claim of the lawsuit and the facts and grounds on which the
lawsuit is based; and
(3). evidence and its sources, as well as the names and addresses of
witnesses.
Article 111
The people\'s court must accept the lawsuits filed in conformity with the
provisions of Article 108 of this Law; with respect to lawsuits
described below, the people\'s court shall handle them according to their
specific circumstances:
(1). with respect to those within the scope of acceptance for
administrative lawsuits in accordance with the provisions of the
Administrative Procedure Law, the people\'s court shall notify the
plaintiff to institute an administrative lawsuit;
(2). according to legal provisions, if both parties have on voluntary
basis reached a written agreement on arbitration concerning contract
disputes that they shall apply to an arbitration agency for arbitration,
and may not institute legal proceedings in a people\'s court, the
people\'s court shall notify the plaintiff to apply to an arbitration
agency for arbitration;
(3). with respect to disputes which, according to law, should be handled
by other organs, the people\'s court shall notify the plaintiff to apply
to the relevant organ for settlement;
(4). with respect to cases that are not under its jurisdiction, the
people\'s court shall notify the plaintiff to bring a lawsuit in the
competent people\'s court;
(5). with respect to cases in which a judgment or order has already
taken legal effect, but one party again brings a suit, the people\'s
court shall notify that party to file an appeal instead, with the
exception of those cases in which an order is rendered by the people\'s
court allowing the withdrawal of an action;
(6). if cases that are not permitted by law to be filed within a
specified period are filed during the same period, they shall not be
accepted; and
(7). if a case of divorce in which a judgment has been made not granting
the divorce, or in which both parties have become reconciled after
conciliation, or in which the plaintiff has withdrawn the suit, or any
suit concerning adoptive relationship in which a judgment has been made
or conciliation conducted to maintain the adoptive relationship is
refilled within six months without new development and reasons, it shall
not be accepted.[page]
Article 112
When a people\'s court receives a bill of complaint or an oral complaint
and finds after review that it meets the requirements for acceptance, it
shall file the case within seven days and notify the parties; if the
complaint does not meet the requirements for acceptance, the court
shall, within seven days, order that the complaint be rejected. If the
complainant has an objection against the order, he or she may file an
appeal.
Section 2 Preparations for Trial
Article 113
The people\'s court shall send a copy of the bill of complaint to the
defendant within five days from its filing of the case, and the
defendant shall submit a bill of defense within 15 days from the receipt
of the copy of the bill of complaint.
If the defendant submits a bill of defense, the people\'s court shall
send a copy of the bill of defense to the plaintiff within five days
from its receipt. Failure by the defendant to submit a bill of defense
shall not prevent the case from being heard by the people\'s court.
Article 114
The people\'s court shall, in relation to cases whose acceptance has been
decided, notify the parties orally or in the notification on case
acceptance or in notification on response to prosecution, of their
relevant litigation rights and obligations.
Article 115
The parties shall be notified within three days after members of the
collegial panel are decided.
Article 116
The judicial personnel must carefully examine the case materials and
carry out investigation and collection of necessary evidence.
Article 117
Any person sent by a people\'s court to conduct an investigation shall
first present his or her credentials to the person being investigated.
The written record of an investigation shall be checked by the person
investigated and then signed or sealed by both the investigator and the
investigated.
Article 118
A people\'s court may, when necessary, entrust a people\'s court in
another locality with an investigation.
The entrusting people\'s court shall clearly set out the matters and
requirements of the entrusted investigation. The entrusted people\'s
court may, on its own initiative, conduct supplementary investigation.
The entrusted people\'s court shall complete the investigation within 30
days after receiving the letter of entrustment. If for some reason it
cannot complete the investigation, it shall notify the entrusting
people\'s court in writing within the above-mentioned time limit.
Article 119
If a party who must participate in a joint lawsuit fails to participate
in the proceedings, the people\'s court shall notify it to participate.
Section 3 Trial in Court
Article 120
Civil cases in a people\'s court shall be heard in public, except for
those that involve State secrets or personal privacy of individuals or
otherwise provided for by law.
A divorce case or a case involving trade secrets may not be heard in
public if the party so requests.
Article 121
In handling civil cases, the people\'s courts shall, whenever necessary
and possible, send out circuit tribunals to hold trials on the spot.
Article 122
The people\'s court shall notify the parties and other participants in
civil case three days before the opening of a court session. If
a case is to be heard in public, the names of the parties, the cause of
action and the time and location of the court session shall be made
known to the public.
Article 123
Before a court session is called to order, the court clerk shall
ascertain whether or not the parties and other participants are present
and announce the rules of order of the court.
At the beginning of a trial, the presiding judge shall check to make
sure the parties are present, announce the cause of action and the names
of the judicial personnel and court clerks, inform the parties of their
relevant litigation rights and obligations and ask the parties whether
or not they wish to apply for the withdrawal of any court personnel.
Article 124
Courtroom investigation shall be conducted in the following order:
(1). presentation of statements by the parties;
(2). informing the witnesses of their rights and obligations, giving
testimony by the witnesses and reading out the statements of absent
witnesses;
(3). presentation of documentary evidence, material evidence and
audio-video material;
(4). reading out the expert conclusions; and
(5). reading out the records of inquests.
Article 125
The parties may present new evidence during a court session.
With the permission of the court, the parties may put questions to
witnesses, expert witnesses and inspectors.
The parties may request a new investigation expert evaluation or
inquest, the people court shall decide whether or not to approve such a
request.
Article 126
Additional claims by the plaintiff, counterclaims by the defendant and
claims by a third party related to the case may be tried together.[page]
Article 127
Court debates shall be conducted in the following order:
(1). presentation of statements by the plaintiff and his or her agents
ad litem;
(2). response by the defendant and his or her agents ad litem;
(3). presentation of statements or defense by the third party and its
agents ad litem;
(4). debate between among them.
At the end of the court debate, the presiding judge shall ask each side
to present his or her final arguments, in the order of the plaintiff,
the defendant and then the third party.
Article 128
At the conclusion of the court debate, a judgment shall be made
according to law. Where conciliation is possible prior to rendering a
judgment, conciliation effort may be conducted; if conciliation fails, a
judgment shall be made without delay.
Article 129
If a plaintiff has bee served with a legal subpoena and refuses to
appear in court without justified reason, or if he or she walks out
during a court session without the permission of the court, the court
may consider the plaintiff has applied to withdraw his or her complaint;
if the defendant files a counterclaim, the court may make a judgment by
default.
Article 130
If a defendant has been served with a legal subpoena and refuses to
appear in court without justified reason, or if he or she walks out
during a court session without the permission of the court, the court
may make a judgment by default.
Article 131
If a plaintiff applies to withdraw his or her complaints before judgment
is pronounces, the people\'s court shall make an order regarding whether
to grant approval.
If the withdrawal of complaints is denied by an order, and the
plaintiff, after having been served with a subpoena, refuses to appear
in court without justified reason, the people\'s court may make a
judgment by default.
Article 132
Under any of the following circumstances, court session may be
postponed:
(1). the parties or other participants in the proceedings required to
appear in court fail to do so for justified reasons;
(2). a party requests the withdrawal only presently;
(3). if it is necessary to summon new witnesses to court, collect new
evidence, make a new expert evaluation, hold another inquest, or make
supplementary investigation; or
(4). other circumstances that warrant the postponement.
Article 133
The court clerk shall make a written record of the entire court
proceedings, which shall be signed by the judicial personnel and the
court clerk.
The court record shall be read out in court, or the parties and other
participants in the proceedings may be notified to read the record while
in court or within five days. If the parties or other participants in
the proceedings consider that there are omissions or errors in the
record of their statements, they shall have the right to apply for
additions or corrections. If such additions or corrections are not
permitted, the application shall be written into the case file.
The court record shall be signed or sealed by the parties and other
participants in the proceedings. Refusal to do so shall be recorded in a
note to be attached to the file.
Article 134
The people\'s court shall publicly pronounce its judgment in all case,
whether or not heard in public.
If a judgment is pronounced in court, the written judgment shall be
issued and delivered within ten days; if a judgment is pronounced later
on a fixed date, the written judgment shall be issued immediately after
the pronouncement.
Upon pronouncement of a judgment, the parties must be informed of their
right to file an appeal, the time limit for appeal and the court to
which they may appeal.
Upon pronouncement of a divorce judgment, the parties must be informed
not to remarry before the judgment takes legal effect.
Article 135
A people\'s court shall, in handling a case to which ordinary procedure
is applied, close it within six months from filing the case. Where an
extension is necessary for special circumstances, a six-month extension
may be given subject to the approval of the president of the said court;
any further extension shall be reported to the people\'s court at a
higher level for approval.
Section 4 Suspension and Termination of an Action
Article 136
Under any of the following circumstances, an action shall be suspended:
(1). one of the parties dies and it is necessary to wait for his or her
heir to make clear whether he or she would participate in the
proceedings;
(2). one of the parties has lost the capacity for action and his or her
statutory representative has not been designated yet;
(3). the legal person or any other organization as one of the parties
has terminated, and the person succeeding to its rights and obligations
has not been determined yet;
(4). one of the parties is unable to participate in the proceedings for
reasons of force majeure; [page]
(5). the current case is dependent on the results of the trial of
another case that has not yet been concluded; or
(6). other circumstances that warrant the suspension of the lawsuit.
The proceedings shall resume after the causes of the suspension have
been eliminated.
Article 137
Under any of the circumstances, an action shall be terminated:
(1). the plaintiff dies without an heir, or the heir waives his or her
right of litigation;
(2). the defendant dies without estate nor a person who should succeed
to his or her obligations;
(3). one of the parties in a divorce case dies; or
(4). one of the parties in a case involving claims for overdue alimony,
support for children or elders or a claim for the termination of
adoptive relationship dies.
Section 5 Judgment and Order
Article 138
A judgment shall clearly state:
(1). the cause of action, the claims, and the facts of and reasons for
the dispute;
(2). the facts and reasons on which the judgment is based and the law is
applied;
(3). the result of the judgment and the litigation costs to be borne;
and
(4). the time limit for filing an appeal and the court with which the
appeal may be filed.
A judgment shall be signed by the judicial personnel and the court
clerk, and the seal of the people\'s court shall be affixed to it.
Article 139
If some of the facts in a case being tried by the people\'s court are
already evident, the court may pass judgment on those facts first.
Article 140
Orders shall be applicable to the following:
(1). rejection of a lawsuit;
(2). objection to the jurisdiction of a court;
(3). rejection of a complaint;
(4). property preservation and preliminary execution;
(5). approval or disapproval of withdrawal of a lawsuit;
(6). suspension or termination of a lawsuit;
(7). correction of slips of pen in the judgment;
(8). suspension or termination of execution;
(9). cancellation of or refusal to enforce an arbitral award;
(10) refusal to enforce a document on creditor\'s rights which has been
rendered by the notary office; and
(11). other matters to be decided by an order.
An appeal may be lodged against the order specified Items (1), (2) and
(3) of the preceding paragraph.
A written order shall be signed by the judicial personnel and the court
clerk, and the seal of the people\'s court shall be affixed to it. If an
order is issued orally, it shall be entered in the record.
Article 141
All judgments and orders of the Supreme People\'s Court, as well as
judgments and orders that may not be appealed against according to law
or have not been appealed against within the prescribed time limit,
shall be legally effective.
Chapter XIII Summary Procedure
Article 142
When trying simple civil cases in which the facts are evident,
relationship of rights and obligations is definite, and disputes are
minor, the grassroots people\'s courts and the tribunals dispatched by
them may apply the summary procedure stipulated in his Chapter.
Article 143
In simple civil cases, the plaintiff may lodge his or her complaint
orally.
The two parties may appear at the same time at a grassroots people\'s
court or a tribunal dispatched by it to request a settlement of their
dispute. The grassroots people\'s court or the tribunal dispatched by it
may try the case immediately or set a date for the trial.
Article 144
In trying a simple civil case, the grassroots people\'s court or the
tribunal dispatched by it may, at any time, apply simplified methods to
summon the parties and witnesses.
Article 145
Simple civil cases shall be tried by a single judge alone, and shall not
be restricted by the provisions of Articles 122, 124 and 127 of this
Law.
Article 146
The people\'s court shall, in handling a case to which summary procedure
is applied, close it within three months from filing the case.
Chapter XIV Procedure of Second Instance
Article 147
If a party refuses to accept the judgment of first instance of a local
people\'s court, the party shall have the right to file an appeal with
the people\'s court at the next higher level within 15 days from the date
on which the written judgment is served.
If a party refuses to accept an order of first instance of a local
people\'s court, the party shall have the right to file an appeal with a
people\'s court at the next higher level within 10 days from the date on
which the written order is served.
Article 148
In filing an appeal, an appeal petition shall be submitted. An appeal
petition shall include the names of the parties, the names of the legal
persons and their legal representatives or names of other organizations
and their principal person in charge; the name of the people\'s court
where the case was originally tried, the serial number of the case file
and the cause of action and the claims of the appeal and reasons for it.[page]
Article 149
An appeal petition shall be submitted through the people\'s court which
originally tried the case, and copies of the petition shall be prepared
according to the number of people in the other party or the
representatives thereof.
If a party appeals directly to a people\'s court of second instance, the
court shall, within five days, transfer the appeal petition to the
people\'s court which originally tried the case.
Article 150
Within five days after receiving an appeal petition, the people\'s court
which originally tried the case shall serve copies of the appeal
petition on the other party; After receiving the copies of the appeal
petition, the other party shall submit its defense within 15 days. The
people\'s court shall, within five days from receiving the defense, serve
copies of the defense on the appellant. Failure by the other party to
submit a defense shall not prevent the case from being tried by the
people\'s court.
After receiving the appeal petition and the defense, the people\'s court
which originally tried the case shall, within five days, deliver them
together with the entire case file and evidence to the people\'s court of
second instance.
Article 151
With respect to an appealed case, the people\'s court of second instance
shall review the relevant facts and the application of the law.
Article 152
When handling an appealed case, the people\'s court of second instance
shall form a collegial panel and conduct a hearing. Having verified the
facts of the case by consulting the files, making necessary
investigations and questioning the parties, if the collegial panel
considers that it is not necessary to hold a hearing, it may make a
judgment or order without a hearing.
A people\'s court of second instance may try an appealed case in its own
court or in the place where the case originated or where the people\'s
court which originally tried the case is located.
Article 153
After hearing an appealed case, the people\'s court of second instance
shall handle it respectively according to the following conditions:
(1). if the facts were clearly ascertained and the law was correctly
applied in the original judgment, the appeal shall be rejected and the
original judgment shall be sustained;
(2). if the law was incorrectly applied in the original judgment, the
judgment shall be amended according to law;
(3). if in the original judgment the facts were incorrectly ascertained
or were not clearly ascertained and the evidence was inconclusive, the
judgment shall be rescinded and the case remanded by an order to the
original people\'s court for retrial, or the people\'s court of second
instance may amend the judgment after investigating and clarifying the
facts; or
(4). if in the original judgment a violation of the prescribed procedure
may have affected the correctness of the judgment, the judgment shall be
rescinded and the case remanded by an order to the original people\'s
court for retrial.
The parties may appeal against the judgment or order rendered in a
retrial of their case.
Article 154
A people\'s court of second instance shall use orders in all cases of
appeal against the orders made by the people\'s court of first instance.
Article 155
In handling an appealed case, a people\'s court of second instance may
conduct conciliation. If an agreement is reached through conciliation, a
conciliation statement shall be made and signed by the judicial
personnel and the court clerk, and the seal of the people\'s court shall
be affixed to it. After the conciliation statement has been served, the
judgment of the people\'s court which originally tried the case shall be
considered rescinded.
Article 156
If an appellant requests to withdraw his or her appeal before a people\'s
court of second instance pronounces its judgment, the court shall decide
whether or not approve the request.
Article 157
When a people\'s court of second instance handles an appealed case, it
shall apply the ordinary procedure for trials of first instance, in
addition to applying the provisions of this Chapter.
Article 158
The judgments and orders of a people\'s court of second instance shall be
final.
Article 159
In trying an appealed case against a judgment, the people\'s court shall
make a final judgment within three months after the case was filed as
one of second instance. Any extension of the term necessitated by
special circumstances shall be subject to the approval of the president
of the said court.
In trying an appealed case against an order, the people\'s court shall
make a final order within 30 days after the case was filed as one of
second instance.
Chapter XV Special Procedure
Section 1 General Stipulations
Article 160
When a people\'s court handles cases concerning the credentials of
voters, the proclamation of a person as missing or dead, the
determination of a citizen as incompetent or with limited capacity for
civil conduct and the determination of a property as ownerless, the
provisions of this Chapter shall apply. In absence of such provisions in
this Chapter, the relevant provisions of this Law and other laws shall
apply.[page]
Article 161
With respect to a case tried in accordance with the procedure stipulated
in this Chapter, the judgment of first instance shall be final. A
collegial panel of judges shall be formed for the trial of any case
involving the credentials of voters or any major, difficult or
complicated case; other cases shall be tried by a single judge alone.
Article 162
If a people\'s court, while trying a case in accordance with the
procedure stipulated in this Chapter, discovers that the case involves a
dispute over rights and interests in civil affairs, it shall make an
order to terminate the special procedure and inform the interested
parties to initiate another suit.
Article 163
The people\'s court shall, in trying cases to which special procedure is
applied, close them within 30 days from filing the case or within 30
days from expiration of the term set forth in the public notice. Any
extension of the term necessitated by special circumstances shall be
subject to the approval of the president of the said court, however,
except cases concerning the credentials of voters.
Section 2 Cases Concerning the Credentials of Voters
Article 164
If a citizen refuse to accept an election committee\'s decision on an
appeal concerning the credentials of the voter, he or she may, five days
before the election day, bring a suit in the grassroots people\'s court
located in his or her electoral district.
Article 165
After a people\'s court has accepted a case concerning the credentials of
voters, it must close the case before the election day.
When trying such a case, the prosecutor, a representative of the
election committee and other citizens concerned must participate in the
proceedings.
The written judgment of the people\'s court shall be served to the
election committee and the prosecutor before the election day, and other
citizens concerned shall be notified of the judgment.
Section 3 Cases Concerning the Proclamation of a Person as Missing or
Dead
Article 166
With respect to a citizen whose whereabouts have been unknown for two
years, if the interested party applies for proclaiming the person as
missing, the application shall be filed with the grassroots people\'s
court in the locality where the missing person has his or her domicile.
The application shall clearly state the facts and time of the
disappearance as well as the action requested, and documentary evidence
from a public security organ or other relevant organs concerning the
disappearance of the citizen shall be appended.
Article 167
With respect to a citizen whose whereabouts have been unknown for four
years or whose whereabouts have been unknown for two years after an
accident in which he or she was involved, or whose whereabouts have been
unknown after an accident in which he or she was involved and, upon
verification by the relevant authorities, the said citizen is unable to
survive, if the interested party applies for proclaiming such person as
dead, the application shall be filed with the grassroots people\'s court
in the locality where the missing person has his or her domicile.
The application shall clearly state the facts and time of the
disappearance as well as the action requested, and documentary evidence
from a public security organ or other relevant organs concerning the
disappearance of this citizen shall be appended.
Article 168
After accepting a case concerning a proclamation of a person as missing
or dead, the people\'s court shall issue a public search notice for the
person whose whereabouts have been unknown. The time limit of the notice
on the proclamation of a person as missing shall be three months, and
the time limit of the notice on the proclamation of a person as dead
shall be one year. Where a citizen\'s whereabouts have been unknown after
an accident in which he or she was involved and, upon verification by
the relevant authorities, the said citizen is unable to survive, the
time limit of the notice on the proclamation of such person as dead
shall be three months.
On the expiration of the time limit of the public notice, the people\'s
court shall, depending on whether the facts about the missing or death
of the person have been confirmed, make a judgment proclaiming the
person as missing or dead or make a judgment to reject the application.
Article 169
In case that a person who has been proclaimed as missing or dead by a
people\'s court reappears, the people\'s court shall, upon the application
of that person or an interested party, make a new judgment and annul the
previous one.
Section 4 Cases Concerning the Determination of a Citizen as Incompetent
or with Limited Capacity for Civil Conduct
Article 170
An application for determining a citizen as incompetent or with limited
capacity for civil conduct shall be filed by the citizen\'s near
relatives or any other interested party with the grassroots people\'s
court in the locality where the citizen has his or her domicile.[page]
The application shall clearly state the facts and grounds on which the
citizen\'s incompetence or limited capacity for civil conduct is claimed.
Article 171
After accepting such an application, the people\'s court shall, when
necessary, have an expert evaluation on the citizen whose incompetence
or limited capacity for civil conduct is claimed. If the applicant has
already provided an evaluation conclusion, the people\'s court shall
examine the conclusion.
Article 172
When the people\'s court handles a case for determining a citizen as
incompetent or with limited capacity for civil conduct, a near relative
of the citizen shall be the agent, however, except the applicant. If the
near relatives shift the responsibility onto one another, the people\'s
court shall appoint one of them as an agent for the citizen. If the
citizen\'s state of health permits, the people\'s court shall also solicit
opinions from the citizen.
If the people\'s court is convinced, after trial, that the application is
based on facts, it shall make a judgment determining the citizen as
incompetent or with limited capacity for civil conduct; if the court
finds that the application is not based on facts, it shall make a
judgment to reject it.
Article 173
If, upon the application of a person who has been determined as
incompetent or with limited capacity for civil conduct or of his or her
guardian, the people\'s court verifies that the causes of that person\'s
incompetence or limited capacity for civil conduct has been eliminated,
it shall make a new judgment and annul the previous one.
Section 5 Cases Concerning the Determination of a Property as Ownerless
Article 174
An application for determining a property as ownerless shall be filed by
a citizen, legal person or any other organization with the grassroots
people\'s court in the place where the property is located.
The application shall clearly state the type and quantity of the
property and the grounds on which the application for determining the
property as ownerless is based.
Article 175
The people\'s court shall, after accepting such an application and upon
examination and verification, issue a public notice for the claim of the
property. If no one claims the property within one year from the issue
of the public notice, the people\'s court shall make a judgment
determining the property as ownerless and turn it over to the ownership
of the State or the collective.
Article 176
If, after a property has been determined by a judgment as ownerless, the
owner of the property or his or her heir appears and claims the
property, the people\'s court shall, after examination and verification,
make a new judgment and annul the previous one.
Chapter XVI Procedure for Trial Supervision
Article 177
If the president of a people\'s court at any level finds some definite
error in a legally effective judgment or order of his or her court and
deems it necessary to have the case retried, he or she shall refer it to
the judicial committee for discussion and decision.
If the Supreme People\'s Court finds some definite error in a legally
effective judgment or order of a local people\'s court at any level, or
if a people\'s court at a higher level finds some definite error in a
legally effective judgment or order of a people\'s court at a lower
level, it shall have the power to bring the case up for trial itself or
direct the people\'s court at a lower level to conduct a retrial.
Article 178
If a party considers that a legally effective judgment or order has some
error, the party may apply to the people\'s court which originally tried
the case or to a people\'s court at the next higher level for retrial,
however, execution of the judgment or order shall not be suspended.
Article 179
If an application made by a party involves any of the following
circumstances, the people\'s court shall retry the case:
(1). new evidence is conclusive enough to repudiate the original
judgment or order;
(2). main evidence on which the facts were ascertained in the original
judgment or order was insufficient;
(3). there was error in the application of the law in the original
judgment or order;
(4). a violation of the legal procedure by a people\'s court may have
affected the correctness of the judgment or order in the case;
(5). if the judicial personnel committed embezzlement, accepted bribes,
practiced favoritism for personal gains and twisted the law in trial of
the case.
The people\'s court shall reject any application that does not meet the
conditions specified in the preceding paragraph.
Article 180
With respect to a legally effective conciliation statement, if evidence
provided by a party proves that the conciliation violates the principle
of voluntariness and the content of the conciliation statement is in
violation of the law, the party may apply for a retrial. The people\'s
court shall, upon examination and verification, retry the case.[page]
Article 181
With respect to a legally effective judgment on termination of marriage,
no party may apply for a retrial.
Article 182
Any application for a retrial by a party shall be made within two years
after the judgment or order becomes legally effective.
Article 183
When a decision is made to retry a case in accordance with the procedure
for trial supervision, the execution of the original judgment shall be
ordered to be suspended. The order shall be signed by the president of
the court, and the seal of the people\'s court shall be affixed to it.
Article 184
With respect to a case to be retried by a people\'s court in accordance
with the procedure for trial supervision, if the legally effective
judgment or order was made by a court of first instance, it shall be
handled in accordance with the procedure of first instance, and the
parties may appeal against the new judgment or order; if the legally
effective judgment or order was made by a court of second instance, it
shall be handled in accordance with the procedure of second instance,
and the new judgment or order shall be legally effective; if it is a
case which was brought up for trial by a people\'s court at a higher
level, it shall be handled in accordance with the procedure of second
instance, and the new judgment or order shall be legally effective.
The people\'s court shall, in retrying a case, form a new collegial
panel.
Article 185
If the Supreme People\'s Procuratorate discovers that a legally effective
judgment or order made by a people\'s court at any level, or if a
people\'s procuratorate at a higher level discovers that a legally
effective judgment or order made by a people\'s court at a lower level,
involves any of the following circumstances, the Supreme People\'s
Procuratorate or the people\'s procuratorate at a higher level shall
respectively lodge a protest in accordance with the procedure for trial
supervision:
(1). the main evidence ascertaining the facts in the previous judgment
or order was insufficient;
(2). there was error in the application of the law in the previous
judgment or order;
(3). a violation of the legal procedure by a people\'s court may have
affected the correctness of the judgment or order; or
(4). if the judicial personnel are found to have committed embezzlement,
accepted bribes, practiced favoritism for personal gains and twisted the
law in trail of the case.
If a local people\'s procuratorate at any level discovers that a legally
effective judgment or order made by a people\'s court at the
corresponding level involves any of the circumstances specified in the
preceding paragraph, it shall refer the matter to the people\'s
procuratorate at a higher level for a protest to be lodged by the latter
in accordance with the procedure for trial supervision.
Article 186
Cases protested by the people\'s procuratorate shall be retried by the
people\'s court.
Article 187
When a people\'s procuratorate decides to lodge a protest against a
judgment or order made by a people\'s court, it shall produce a written
protest.
Article 188
The people\'s court shall, in retrying a case protested by the people\'s
procuratorate, notify the people\'s procuratorate to send personnel to
the court.
Chapter XVII Summary Procedure for Recovering a Debt
Article 189
When a creditor requests payment of money or negotiable instrument from
a debtor, if the following requirements are met, the creditor may apply
to the grassroots people\'s court that has jurisdiction for a payment
warrant:
(1). the creditor and the debtor are not involved in other obligation
disputes; and
(2). the payment warrant can be served on the debtor.
The application shall clearly state the requested amount of money or
quantity of negotiable instrument and the facts and evidence on which
the request is based.
Article 190
After a creditor has submitted his or her application, the people\'s
court shall, within five days, inform the creditor whether it has
accepted his or her application.
Article 191
After accepting the application, the people\'s court shall, upon
examination of the facts and evidence provided by the creditor and if
the relationship of the creditor\'s rights and the debtor\'s obligations
is definite and legitimate, issue a payment warrant to the debtor within
15 days from accepting the application; if the application is untenable,
the people\'s court shall render an order to reject it.
The debtor shall, within 15 days from the receipt of the payment
warrant, clear off his or her debts or submit a written objection to the
people\'s court.
If the debtor has neither submitted an objection nor complied with the
payment warrant within the time limit specified in the preceding
paragraph, the applicant may apply to the people\'s court for execution.
Article 192
The people\'s court shall, on receiving the written objection submitted
by the debtor, make an order to conclude the summary procedure for
recovering a debt and the payment warrant shall be invalidated
automatically, the creditor may then initiate an action.[page]
Chapter XVIII Procedure for Public Invitation to Assert Claims
Article 193
Any holder of a bill which may be endorsed over according to regulations
may, if the bill is stolen, lost or missing, apply for public invitation
to assert claims to the basic people\'s court in the place where the bill
is to be paid. The provisions of this Chapter shall apply to other
matters to which, according to legal provisions, public invitation to
assert claims may be applicable.
Anyone who applies for public invitation to assert claims shall submit
to the people\'s court an application which shall clearly states the main
contents of the bill such as the face amount, the issuer, the holder,
the endorser, and the grounds and facts on which the application is
based.
Article 194
The people\'s court shall, upon deciding to accept the application,
notify the payer to suspend the payment, and within 3 days issue a
public notice to invite the interested parties to assert claims. The
time limit of the public notice shall be decided by the people\'s court
according to the actual conditions, however, it shall not be less than
60 days.
Article 195
The payer shall, upon receiving the notification on suspension of
payment issued by the people\'s court, suspend its payment till the
conclusion of the procedure for public invitation to assert claims.
Within the time limit of the public notice, any act relating to the
transfer of the rights in the bill shall be null and void.
Article 196
The interested parties shall apply to the people\'s court for asserting
claims within the time limit of the public notice.
After receiving an application of the interested party for asserting
claims, the people\'s court shall make an order to conclude the procedure
for public invitation to assert claims and notify the applicant and the
payer.
The applicant or the claimant may institute a lawsuit in the people\'s
court.
Article 197
If no one asserts claims, the people\'s court shall make a judgment on
the basis of the application to declare the bill null and void. The
judgment shall be announced in a public notice, and the payer of the
bill shall be notified of the judgment. From the date of the public
notice, the applicant shall be entitled to claim payment from the payer.
Article 198
If an interested party for justified reasons was unable to apply to the
people\'s court for asserting claims before the judgment was made, the
party may, within one years from the day he knew or should have known of
the public notice of the judgment, initiate an action in the people\'s
court which made the judgment.
Chapter XIX Procedure for Debt Repayment after Bankruptcy of Enterprises
as Legal Persons
Article 199
If an enterprise as legal person suffers serious losses and is unable to
repay the debts that are due, the creditors may apply to a people\'s
court for declaring the debtor\'s bankruptcy and debt repayment, the
debtor may also file at a people\'s court to declare bankruptcy to repay
debts.
Article 200
After rendering an order to declare bankruptcy and debt repayment, the
people\'s court shall notify the debtors and the known creditors within
ten days and make a public announcement thereon.
Creditors who have been notified shall, within 30 days after receiving
the notice, and creditors who have not been notified shall, within three
months after the date of the announcement, report their claims to the
people\'s court. Creditors who do not report their claims during these
periods shall be deemed to have abandoned their claims.
Creditors may form an assembly of creditors to discuss and adopt plans
on bankrupt property disposition and distribution, or to reach
compromise plans.
Article 201
The people\'s court may set up a liquidation group composed of relevant
organs and personnel. The liquidation group shall be responsible for the
keeping, putting into order, appraisal, disposition and distribution of
the bankruptcy property. The liquidation group may carry out necessary
civil actions in accordance with the law.
The liquidation group shall be responsible to, and report its work to,
the people\'s court.
Article 202
Where the meeting of an enterprise as legal person and the creditors
reaches a compromise, and upon consent by the people court, the people\'s
court shall issue a public announcement thereof, and conclude the debt
repayment procedure. The settlement agreement shall have legal effect
from the date of the public announcement.
Article 203
With respect to property that already constitutes security for such
obligatory rights as loan from a bank and for other security, the bank
and other creditors shall have priority in receiving repayment with
respect to such security or other surety. If the value of the security
and other surety exceeds the amount of debts that they secure, the
portion in excess shall be the bankruptcy repayment property.[page]
Article 204
After the prior deduction of bankruptcy expenses from the bankruptcy
property, repayment shall be made in the following order:
(1). wages for staff and workers and labor insurance expenses that are
owed by the bankrupt enterprise;
(2). taxes that are owed by the bankrupt enterprise; and
(3). bankruptcy claims.
Where the bankruptcy property is insufficient to repay all the repayment
claims of the order, it shall be distributed according to a set
percentage.
Article 205
The bankruptcy repayment of an enterprise as legal person shall be under
the jurisdiction of the people\'s court in the place where the enterprise
as legal person is located.
Article 206
With respect to the procedure for bankruptcy repayment of enterprises
owned by the whole people, the provisions of the Law of the People\'s
Republic of China on Enterprise Bankruptcy shall apply.
With respect to enterprises without legal person status, private
industrial and commercial households, rural contracting operation
households and individual partnership, the provisions of this Chapter
shall not apply.
Chapter XX General Stipulations
Article 207
Legally effective civil judgments or orders as well as the parts of
criminal judgments or orders that relate to property shall be executed
by the people\'s court of first instance.
Other legal documents which are to be executed by a people\'s court as
prescribed by law shall be executed by the people\'s court in the place
where the person subject to execution has his or her domicile or where
the property subject to execution is located.
Article 208
If, in the course of execution, a person who is not involved in the case
raises an objection with respect to the subject matter of the execution,
the execution officer shall review the objection in accordance with the
procedure as prescribed by law. If the objection is untenable, it shall
be rejected; if the objection is tenable, it shall be submitted to the
president of the court for an approval of the suspension of execution.
If any definite error is found in the judgment or order, it shall be
dealt with in accordance with the procedure for trial supervision.
Article 209
The execution shall be carried out by the execution officer.
In carrying out a compulsory execution measure, the execution officer
shall present his or her credentials. After the execution is completed,
the execution officer shall make a record of the particulars of the
execution, and have it signed or sealed by the persons concerned on the
scene.
The grassroots people\'s court and the intermediate people\'s court may,
in the light of needs, establish execution organs. The duties and
functions of the execution organs shall be defined by the Supreme
People\'s Court.
Article 210
Where a person or property subject to execution is in another locality,
the people\'s court in that locality may be entrusted with enforcement of
the execution. The entrusted people\'s court shall begin the execution
within 15 days after receiving a letter of entrustment and shall not
refuse to do so. After the execution has been completed, the entrusted
people\'s court shall promptly inform the entrusting people\'s court, by
letter, of the result of the execution; if the execution has not been
completed within 30 days, the entrusted people\'s court shall also inform
the entrusting people\'s court, by letter, of the particulars of the
execution.
If the entrusted people\'s court fails to enforce the execution within 15
days after receiving the letter of entrustment, the entrusting people\'s
court may request the people\'s court at a higher level of the entrusted
people\'s court to instruct the entrusted people\'s court to enforce the
execution.
Article 211
If, in the course of execution, the two parties resort to reconciliation
on their own initiative and reach a compromise, the execution officer
shall make a record of the terms of the compromise, and both parties
shall affix their signatures or seals to it.
If one party fails to fulfill the conciliation agreement, the people\'s
court may, at the request of the other party, resume the execution of
the legal document which is formerly effective.
Article 212
In the course of execution, if the person subject to execution provides
a security, the people\'s court may, with the consent of the person who
has applied for execution, decide to suspend the execution and to defer
the time limit for execution. If the person subject to execution fails
again to enforce the execution within the new time limit, the people\'s
court shall have the power to execute the guaranteed property of the
person subject to execution or the property of the guarantor.
Article 213
If the citizen subject to execution dies, his or her debts shall be paid
off from his or her estate; if a legal person or any other organization
as the party subject to execution terminates, the party that succeeds to
its rights and obligations shall fulfill the obligations.[page]
Article 214
After the execution has been enforced in accordance with a judgment or
order or other legal documents, if definite error has been found in such
judgment, order or legal document and therefore it has been revoked by
the people\'s court, the people\'s court shall, with respect to the
property which has been executed, render an order that persons who have
obtained the property should return it. In the event of refusal to
return the property, compulsory execution shall be enforced.
Article 215
The provisions of this Part shall be applicable to the execution of
conciliation statements made by the people\'s court.
Chapter XXI Application for and Referral of Execution
Article 216
The parties must comply with legally effective civil judgments or
orders. If a party refuses to execute, the other party may apply to the
people\'s court for execution, or the judge may refer the matter to the
execution officer for execution.
The parties must comply with the conciliation statements and other legal
documents that are to be executed by the people\'s court. If a party
refuses to execute, the other party may apply to the people\'s court for
execution.
Article 217
If a party fails to comply with a legally effective arbitral award made
by an arbitration agency established according to law, the other party
may apply for execution to the people\'s court which has jurisdiction
over the case. The people\'s court so applied to shall execute the said
award.
Where the party against whom the application is made provides evidence
which proves that the arbitral award involves any of the following
circumstances, the people\'s court shall, after examination and
verification by a collegial panel, order to cancel the arbitral award:
(1). the parties have not stipulated clauses on arbitration in the
contracts, or have not subsequently reached a written agreement on
arbitration;
(2). matters decided exceed the scope of the arbitration agreement or
the limits of authority of the arbitration agency;
(3). the composition of the arbitration tribunal or the procedure for
arbitration is not in conformity with the legal procedure;
(4). the main evidence for ascertaining the facts is insufficient;
(5). there is definite error in the application of the law; or
(6). if the arbitrators have committed embezzlement, accepted bribes,
practiced favoritism for personal gains or perverted the law in the
arbitration of the case.
If the people\'s court determines that the execution of the arbitral
award would contradict the social and public interest, the people\'s
court shall order to not to execute the award.
The order shall be served on both parties and the arbitration agency.
In the event that an arbitral award is ruled not to be executed by a
people\'s court, the parties may, in accordance with the written
agreement on arbitration reached between the two parties, apply to the
arbitration agency for arbitration anew and may also bring a lawsuit in
the people\'s court.
Article 218
If a party fails to comply with a document of creditor\'s rights that has
been rendered according to law by a notary office, the other party may
apply to the people\'s court which has jurisdiction over the case for
execution. The people\'s court so applied to shall execute such document.
If the people\'s court finds some definite errors in the notarized
document of creditor\'s rights, it shall order not to execute it and
serve the order on both parties as well as the notary office.
Article 219
The time limit for the submission of an application for execution shall
be one year if one or both of the parties are citizens; it shall be six
months if both parties are legal persons or other organizations.
The above-mentioned time limit shall be calculated from the last day of
the period specified by the legal document for its performance; if the
legal document specifies that it shall be performed in stages, the time
limit shall be calculated from the last day of the period specified for
each stage of performance.
Article 220
The execution officer shall, after receiving the application for
execution or the writ of referral of execution, send a notification on
execution to the person subject to execution, instructing him or her to
execute within the specified time limit, if the person fails to perform
the execution within the time limit, compulsory execution shall be
enforced.
Chapter XXII Execution Measures
Article 221
If the person subject to execution fails to fulfill the obligations
specified in the legal document as instructed by the notice on
execution, the people\'s court shall have the power to make inquiries to
banks, credit cooperatives or other units that operate savings deposits
business about the savings deposits of the person subject to execution,
and shall have the power to freeze and transfer the savings deposits of
the person subject to execution, however, the inquiry, freezing or
transfer of the deposits shall not exceed the scope obligations within
which the person subject to execution should fulfill.[page]
The people\'s court shall, in deciding to freeze or transfer a deposit,
pass an order and issue a notice on assistance in execution. Banks,
credit cooperatives or other units that operate savings deposits
business must comply with the notice.
Article 222
If the person subject to execution fails to fulfill the obligations
specified in the legal documents as instructed by the notice on
execution, the people\'s court shall have the power to withhold or
withdraw the income of the person subject to execution within the scope
of the obligation that the person subject to execution should fulfill,
however, the necessary living expenses for the person and his or her
dependent family members shall be reserved.
The people\'s court shall, when withholding or withdrawing the income,
pass an order and issue a notice on assistance in execution. The unit in
which the person subject to execution works, or banks, credit
cooperatives or other units that operate savings deposits business must
comply with the notice.
Article 223
If the person subject to execution fails to fulfill the obligation
specified in the legal document as instructed by the notice on
execution, the people\'s court shall have the power to seal up, distrain,
freeze, or sell off the property of the person subject to execution at
reduced or the current price within the scope of the obligations that
the person subject to execution should fulfill, however, it shall leave
the articles of daily necessity for the person and his or her dependent
family members.
The people\'s court shall render an order regarding the adoption of the
measures specified in the preceding paragraph.
Article 224
When the people\'s court seals up or distrains a property, if the person
subject to execution is a citizen, it shall notify the person and an
adult member of his or her family to appear on the scene; if the person
subject to execution is a legal person or any other organization, it
shall notify its legal representatives or principal person in charge to
appear on the scene. Their refusal to appear in the scene shall not
affect the execution. If the person subject to execution is a citizen,
his or her unit or the grassroots organization in the place where his or
her property is located shall send people to participate.
An inventory of the sealed-up or distrained property must be made by the
execution officer and, after the inventory has been signed or sealed by
the persons on the scene, a copy of it shall be given to the person
subject to execution or, if the person subject to execution is a
citizen, it may also be given to an adult member of his or her family.
Article 225
The execution officer may assign the responsibility of safekeeping the
sealed-up property to the person subject to execution, and the person
shall be held responsible for any losses incurred due to his or her
fault.
Article 226
After a property has been sealed up or distrained, the execution officer
shall instruct the person subject to execution to fulfill, within the
prescribed time limit, the obligations specified in the legal document.
If the person fails to fulfill his or her obligations within the
prescribed time limit, the people\'s court may, in accordance with
relevant regulations, entrust the relevant units with the selling of the
sealed-up or distrained property at reduced or the current price.
Articles which are prohibited from free trading by the State shall be
delivered to and purchased by the relevant units at the price fixed by
the State.
Article 227
If the person subject to execution fails to fulfill the obligations
specified in the legal document and conceals his or her property, the
people\'s court shall have the power to issue a search warrant and carry
out a search on the person subject to execution and in his or her
domicile or in the place where the property is concealed.
The adoption of the measures mentioned in the preceding paragraph shall
be subject to a search warrant signed by the president of the people\'s
court.
Article 228
The property or negotiable instrument specified for delivery in the
legal document shall be delivered, in the presence of both parties
summoned by the execution officer, to the recipient, or be forwarded by
the execution officer to the recipient who shall sign a receipt.
Any unit concerned that holds the property or negotiable instrument
shall pass it on, in accordance with the notice on assistance in
execution of the people\'s court, and the recipient shall sign a receipt.
If any citizen concerned holds the property or negotiable instrument,
the people\'s court shall notify him or her to relinquish them, if he or
she refuses to do so, compulsory execution shall be enforced.
Article 229
Compulsory departure from a building or a plot of land shall require a
public notice signed and issued by the president of a people\'s court,
instructing the person subject to execution to perform it within a
designated period of time. If the person fails to do so within the given
time, compulsory execution shall be enforced by the execution officer.[page]
When a compulsory execution is being enforced, if the person subject to
execution is a citizen, the person or an adult member of his or her
family shall be notified to be present; if the person subject to
execution is a legal person or any other organization, its legal
representatives or principal person in charge shall be notified to be
present. Their refusal to be present shall not affect the execution. If
the person subject to execution is a citizen, his or her work unit or
the grassroots organization in the locality of the building or the plot
of land in question shall send people to participate. The execution
officer shall make a record of the particulars of the compulsory
execution, and the people on the scene shall affix their signatures or
seals to the record.
The people\'s court shall assign personnel to transport the property
involved in a compulsory departure from a building to a designated
location and deliver it to the person subject to execution or to an
adult member of his or her family; if any loss is incurred due to the
person\'s refusal to accept the property, he or she shall be held
responsible for it.
Article 230
In the course of execution, if some formalities for certificates
transfer need to be gone through, the people\'s court may issue a notice
for assistance in execution to relevant units, which must comply with
the notice.
Article 231
If the person subject to execution fails to fulfill the performance
required of him or her by a judgment or order or any other legal
document as instructed by the notice on execution, the people\'s court
may enforce compulsory execution or entrust the performance to a
relevant unit or other persons, and the person subject to execution
shall bear the expenses thus incurred.
Article 232
If the person subject to execution fails to fulfill his or her
obligations in respect to payment of money within the time limit
specified by a judgment or order or any other legal document, he or she
shall pay a multiplied interest on the debt for the period of deferred
fulfillment. If the person subject to execution fails to fulfill his or
her other obligations within the time limit specified by a judgment or
order or any other legal document, he or she shall pay a surcharge for
the deferred fulfillment.
Article 233
After the adoption of the execution measures stipulated in Article 221,
222 and 223 of this Law, if the person subject to execution is still
unable to repay his or her debts, it shall continue to fulfill his or
her obligations. Once the creditor discovers that the person subject to
execution has any other property, the creditor may, at any time, apply
to the people\'s court for execution.
Chapter XXIII Suspension and Conclusion of Execution
Article 234
Under any of the following circumstances, the people\'s court shall order
a suspension of execution:
(1). the applicant indicates that the execution may be postponed;
(2). a person not involved in the case raises a justified objection to
the subject matter of the execution;
(3). a citizen as one of the parties dies and it is necessary to wait
for his or her heir to succeed the rights and obligations of the
deceased;
(4). a legal person or any other organization as one of the parties
terminates, and the person succeeding to its rights and obligations has
not been determined; or
(5). other circumstances under which the people\'s court deems the
execution should be suspended.
Execution shall be resumed when the circumstances which caused the
suspension of execution have disappeared.
Article 235
Under any of the following circumstances, the people\'s court shall order
the conclusion of an execution:
(1). the applicant has withdrawn his or her application;
(2). the legal document on which the execution is based has been
repealed;
(3). the citizen subject to execution dies and there is no estate to be
executed and no one to succeed to his or her obligations;
(4). the person entitled to claim alimony or support for children or
elders dies;
(5). the citizen subject to execution has difficulty to repay his or her
debts, has no source of income and loses his or her ability to work as
well; or
(6). other circumstances under which the people\'s court deems the
execution should be terminated.
Article 236
An order to suspend or terminate an execution shall become effective
immediately after being served on the parties.
Part Four Special Stipulations on Civil Procedures Involving Foreign
Interests
Chapter XXIV General Principles
Article 237
The provisions of this Part shall be applicable to any civil lawsuit
involving foreign interests within the territory of the People\'s
Republic of China. Where it is not covered by the provisions of this
Part, other relevant provisions of this Law shall apply.
Article 238 [page]
If an international treaty concluded or acceded to by the People\'s
Republic of China contains provisions differing from those of this Law,
the provisions of the international treaty shall apply, unless the
provisions are the ones on which China has announced reservations.
Article 239
Any civil lawsuits brought against a foreign national, a foreign
organization or an international organization that enjoys diplomatic
privileges and immunities shall be dealt with in accordance with the
relevant laws of the People\'s Republic of China and with the
international treaties concluded or acceded to by the People\'s Republic
of China.
Article 240
In trying civil cases involving foreign interests, the people\'s court
shall use the spoken and written languages commonly used in the People\'s
Republic of China. Translation may be provided at the request of the
parties, and the expenses shall be borne by the parties.
Article 241
When foreign nationals, stateless persons or foreign enterprises or
organizations need to appoint lawyers as agents ad litem to institute or
respond to prosecutions in the people\'s court, they must appoint lawyers
of the People\'s Republic of China.
Article 242
Any power of attorney to engage a lawyer or other agent ad litem within
the territory of the People\'s Republic of China by a foreign national,
stateless person or a foreign enterprise or organization that has no
domicile in the People\'s Republic of China, or any power of attorney
mailed or forwarded from outside the territory of the People\'s Republic
of China must be authenticated by a notarial office in the country where
that person or enterprise or organization has domicile and confirmed by
the Chinese embassy or consulate stationed in that country or must go
through the notarial formalities stipulated in the relevant bilateral
treaties between China and that country before it becomes effective.
Chapter XXV Jurisdiction
Article 243
A lawsuit brought against a defendant who has no domicile in the
People\'s Republic of China concerning a contract dispute or other
disputes over property rights and interests, if the contract is signed
or performed within the territory of the People\'s Republic of China, or
the subject matter of the action is within the territory of the People\'s
Republic of China, or the defendant has distrainable property within the
territory of the People\'s Republic of China, or the defendant has its
representative agency, branch or business agent within the territory of
the People\'s Republic of China, may be under the jurisdiction of the
people\'s
court in the place where the contract is signed or performed, or where
the subject matter of the action is located, or where the defendant\'s
distrainable property is located, or where the infringing act takes
place, or where the representative agency, branch or business agent is
located.
Article 244
Parties to a dispute over a contract involving foreign interests or over
property rights and interests involving foreign interests may, through
written agreement, choose the people\'s court in the place which has
actual connections with the dispute as the court of jurisdiction. If a
people\'s court of the People\'s Republic of China is chosen as the court
of jurisdiction, the stipulations on jurisdiction by level and exclusive
jurisdiction in this Law shall not be violated.
Article 245
If the defendant in a civil lawsuit involving foreign interests raises
no objection to the jurisdiction of a people\'s court, responds to the
prosecution and submits his or her defense, he or she shall be deemed to
have admitted that this people\'s court has jurisdiction over the case.
Article 246
Lawsuits initiated for disputes arising from the performance of
contracts for Chinese-foreign equity joint ventures, or Chinese-foreign
contractual joint ventures, or Chinese-foreign cooperative exploration
and development of the natural resources in the People\'s Republic of
China shall be under the jurisdiction of the people\'s courts of the
People\'s Republic of China.
Chapter XXVI Service and Time Periods
Article 247
A people\'s court may serve litigation document to a party who has no
domicile within the territory of the People\'s Republic of China by the
following methods:
(1). to serve by the method specified in the international treaties
concluded or acceded to by both the People\'s Republic of China and the
country where the recipient of service resides;
(2). to serve through diplomatic channels;
(3). to entrust the service to the embassy or consulate of the People\'s
Republic of China stationed in the country where the recipient of
service resides;
(4). to serve through the agent ad litem who is empowered by the
recipient of service to receive the service on his or her behalf;
(5). to serve through the party\'s representative agency within the
territory of the People\'s Republic of China, or the branch or business
agent empowered to receive the service on its behalf; [page]
(6). to serve by post if the law of the country where the recipient of
service resides so permits; in the event that no receipt is returned six
months after the date on which the document was posted, but various
circumstances justify the assumption that it has been served, the
service shall be deemed completed upon the expiration of the time limit;
and
(7). to serve by public notice, if none of the above-mentioned methods
can be employed. The service shall be considered completed six months
after the date on which the public notice was issued.
Article 248
If a defendant has no domicile in the People\'s Republic of China, the
people\'s court shall serve a copy of the bill of complaint on the
defendant and notify him or her to forward his or her bill of defense
within 30 days after he receives the copy of the bill of complaint. Any
extension of the term requested by the defendant shall be at the
discretion of the people\'s court.
Article 249
If any party who has no domicile in the People\'s Republic of China is
dissatisfied with a judgment or order made by a people\'s court of first
instance, the party shall have the right to file an appeal within 30
days from the date the written judgment or order is served. The appellee
shall forward his or her bill of defense within 30 days after he or she
has received a copy of the appeal petition. If a party is unable to file
an appeal or forward a bill of defense within the period of time
prescribed by law, and therefore requests an extension of the period,
the people\'s court shall decide to approve or disapprove it.
Article 250
The time period for handling a civil case involving foreign interests by
the people\'s court shall not be limited by the provisions of Article 135
and 159 of this Law.
Chapter XXVII Property Preservation
Article 251
The parties may, in accordance with the provisions of Article 92 of this
Law, apply to the people\'s court for property preservation.
The interested parties may, in accordance with the provisions of Article
93 of this Law, apply to the people\'s court for property preservation
before a lawsuit is brought.
Article 252
After a people\'s court has ordered to grant property preservation before
litigation, the applicant shall bring a lawsuit within 30 days. If the
party fails to bring a lawsuit within the time limit, the people\'s court
shall cancel the property preservation.
Article 253
After the people\'s court has ordered to grant property preservation, if
a security is provided by the person against when the application is
made, the people\'s court shall cancel the property preservation.
Article 254
If an application is wrongfully made, the applicant shall compensate the
person against whom the application is made for losses incurred by the
property preservation.
Article 255
If a property preserved by a people\'s court needs to be kept under
surveillance, it shall notify the unit concerned to be responsible for
the surveillance, and the person against whom the application is made
shall bear the expenses thus incurred.
Article 256
An order to cancel the preservation issued by a people\'s court shall be
carried out by an execution officer.
Chapter XXVIII Arbitration
Article 257
With respect to contract disputes arising from the foreign economic,
trade, transport or maritime activities of China, if the parties have
stipulated clauses on arbitration in the contract or have subsequently
reached a written agreement on arbitration, they shall submit such
disputes for arbitration to the arbitration agency on foreign-related
disputes of China, and they shall not bring a suit in a people\'s court.
If the parties have not stipulated clauses on arbitration in the
contract or have not subsequently reached a written agreement on
arbitration, they may file a lawsuit in the people\'s court.
Article 258
If any party has applied for the adoption of property preservation
measures, the arbitration agency on foreign-related disputes of the
People\'s Republic of China shall submit for an order the party\'s
application to the intermediate people\'s court in the place where the
person against whom the application is filed has his or her domicile or
where the said person\'s property is located.
Article 259
If one party fails to comply with the award made by the arbitration
agency on foreign-related disputes of the People\'s Republic of China,
the other party may apply for execution to the intermediate people\'s
court in the place where the person against whom the application is made
has his or her domicile or where the property of the said person is
located.
Article 260
If the person against whom the application is made provides evidence
which proves that the arbitral award made by the arbitration agency on
foreign-related disputes of the People\'s Republic of China involves any
of the following circumstances, the people\'s court shall, after
examination and verification by a collegial panel, order not to execute
the award: [page]
(1). the parties have not stipulated clauses on arbitration in the
contract or have not subsequently reached a written agreement on
arbitration;
(2). the person against whom the application is made is not duly
notified to appoint the arbitrator or to proceed with the arbitration,
or the said person fails to state its opinions due to reasons for which
he is not held responsible;
(3). the composition of the arbitration tribunal or the procedure for
arbitration is not in conformity with rules of arbitration; or
(4). matters decided exceed the scope of the arbitration agreement or
the limits of authority of the arbitration agency.
If the people\'s court determines that the execution of the award is
against the social and public interest, it shall order not to execute
the arbitral award.
Article 261
If the execution of an arbitral award is disallowed by the people\'s
court, the parties may, in accordance with the written agreement on
arbitration concluded between them, apply to the arbitration agency for
arbitration anew, or may file a lawsuit in a people\'s court.
Chapter XXIX Judicial Assistance
Article 262
In accordance with the international treaties concluded or acceded to by
the People\'s Republic of China or on the principle of reciprocity, the
people\'s courts of China and foreign courts may request each other\'s
assistance in the service of legal documents, in investigation and
collection of evidence or in other litigation acts.
If any matter requested by a foreign court for assistance would impair
the sovereignty, security or social and public interest of the People\'s
Republic of China, the people\'s court shall refuse to carry it out.
Article 263
The request for and providing of judicial assistance shall be conducted
through channels stipulated in the international treaties concluded or
acceded to by the People\'s Republic of China or through diplomatic
channels.
Any foreign embassy or consulate stationed in the People\'s Republic of
China may serve documents and carry out investigation and collection of
evidence with respect to its nationals, provided that the laws of the
People\'s Republic of China are not violated and no compulsory measures
may be adopted.
Except for the circumstances prescribed in the preceding paragraph, no
foreign organization or individual may, without the consent of the
competent authorities of the People\'s Republic of China, serve documents
or carry out investigation and collection of evidence within the
territory of the People\'s Republic of China.
Article 264
The letter of request for judicial assistance and its annexes submitted
by a foreign court to a people\'s court shall be appended with a Chinese
translation or a text in other languages specified in the relevant
international treaties.
The letter of request and its annexes submitted to a foreign court by a
people\'s court for judicial assistance shall be appended with a
translation in the language of the country or a text in other languages
specified in the relevant international treaties.
Article 265
The judicial assistance provided by the people\'s courts shall be carried
out in accordance with the procedure stipulated by the law of the
People\'s Republic of China. If a special method is requested by a
foreign court, the judicial assistance may also by carried out in such a
method as requested, provided that the requested special method does not
contradict the law of the People\'s Republic of China.
Article 266
If a party applies for execution of a legally effective judgment or
order made by a people\'s court and the party subject to execution or its
property is not within the territory of the People\'s Republic of China,
it may directly apply for recognition and enforcement to the foreign
court which has jurisdiction over the case, or the people\'s court may,
in accordance with the relevant provisions of the international treaties
concluded or acceded to by China, or on the principle of reciprocity,
request recognition and enforcement by a foreign court.
If a party applies for execution of a legally effective arbitral award
made by an arbitration agency on foreign-related disputes of the
People\'s Republic of China and the party subject to execution or its
property is not within the territory of the People\'s Republic of China,
it may directly apply for recognition and enforcement to the foreign
court which has jurisdiction over the case.
Article 267
If a legally effective judgment or order made by a foreign court
requires recognition and enforcement by a people\'s court of the People\'s
Republic of China, the party concerned may directly apply to the
intermediate people\'s court of the People\'s Republic of China which has
jurisdiction over the case for recognition and enforcement, or the
foreign court may, in accordance with the provisions of the
international treaties concluded or acceded to by the People\'s Republic
of China or on the principle of reciprocity, request recognition and
enforcement by a people\'s court.[page]
Article 268
If a people\'s court of the People\'s Republic of China, after its review
in accordance with the international treaties concluded or acceded to by
the People\'s Republic of China or under the principle of reciprocity,
considers that the legally effective judgment or order of a foreign
court which requires recognition and enforcement does not contradict the
basic principles of the law of the People\'s Republic of China nor
violates the State and social, public interest of China, it shall render
an order on the recognition of its force. Where an execution is
necessary, a writ of execution shall be issued and enforced in
accordance with the relevant provisions of this Law. If it contradicts
the basic principles of the law of the People\'s Republic of China or the
State and social, public interest of China, the people\'s court shall
refuse its recognition and enforcement.
Article 269
If an award made by a foreign arbitration agency requires the
recognition and enforcement by a people\'s court of the People\'s Republic
of China, the party concerned shall directly apply to the intermediate
people\'s court in the place where the party subject to execution has its
domicile or where its property is located. The people\'s court shall deal
with the matter in accordance with the relevant provisions of the
international treaties concluded or acceded to by the People\'s Republic
of China or under the principle of reciprocity.
Article 270
This Law shall come into force on the date of promulgation, and the
Civil Procedure Law of the People\'s Republic of China (for Trial
Implementation) shall be annulled simultaneously.
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