(Adopted at the Fourth Session of the Seventh National People's
Congress on April 9, 1991 and promulgated by Order No. 44 of the
President of the People's Republic of China on April 9, 1991)
Contents
Part One????? General
Provisions
Chapter I???? The Aim, Scope of
Application and Basic Principles
Chapter II??? Jurisdiction
? Section 1?? Jurisdiction by Forum
Level
? Section 2?? Territorial
Jurisdiction
? Section 3?? Transfer and Designation of
Jurisdiction
Chapter III?? Trial Organization
Chapter IV??? Withdrawal
Chapter V???? Participants in
Proceedings
? Section 1?? Parties
? Section 2?? Agents ad
Liter
Chapter VI??? Evidence
Chapter VII?? Time Periods and
Service
? Section 1?? Time Periods
? Section 2?? Service
Chapter VIII? Conciliation
Chapter IX??? Property Preservation and
Advance Execution
Chapter X???? Compulsory Measures
Against Obstruction of Civil Proceedings
Chapter XI??? Litigation
Costs
Part Two????? Trial
Procedure?
Chapter XII?? Ordinary Procedure of First
Instance
? Section 1?? Bringing a Lawsuit and
Entertaining a Case
? Section 2?? Preparations for
Trial
? Section 3?? Trial in
Court????????????
? Section 4?? Suspension and Termination
of Litigation
? Section 5?? Judgment and
Order
Chapter XIII? Summary Procedure
Chapter XIV?? Procedure of Second
Instance
Chapter XV??? Special
Procedure
? Section 1?? General
Provisions
? Section 2?? Cases Concerning the
Qualification of Voters
? Section 3?? Cases Concerning the
Proclamation of a Person as Missing or Dead
? Section 4?? Cases Concerning the
Determination of Legal Incapacity or Restricted Legal Capacity of
Citizens
? Section 5?? Cases Concerning the
Determination of a Property as Ownerless
Chapter XVI??? Procedure for Trial
Supervision
Chapter XVII?? Summary Procedure for Hastening
Recovery of a Debt
Chapter XVIII? Procedure for Publicizing Public
Notice for Assertion of Claims
Chapter XIX??? Bankruptcy and Debt
Repayment Proceedings for? Legal Person
Enterprises??
Part? Three??? Procedure of
Execution
Chapter XX???? General
Stipulations
Chapter XXI??? Application for Execution
and Referral
Chapter XXII?? Execution Measures
Chapter XXIII? Suspension and Termination of
Execution
Part Four????? Special
Provisions for Civil Proceedings of Cases Involving Foreign
Element
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
The Aim, Scope of Application and Basic
Principles
Article 1 The Civil Procedure Law of the People's Republic of
China is formulated on the basis of the Constitution and in the
light of the experience and actual conditions of our country in the
trial of civil cases.
Article 2 The Civil Procedure Law of the People's Republic of
China aims to protect the exercise of the litigation rights of the
parties and ensure the ascertaining of facts by the people's
courts, distinguish right from wrong, apply the law correctly, try
civil cases promptly, affirm civil rights and obligations, impose
sanctions for civil wrongs, protect the lawful rights and interests
of the parties, educate citizens to voluntarily abide by the law,
maintain the social and economic order, and guarantee the smooth
progress of the socialist construction.
Article 3 In dealing with civil litigation arising from disputes
on property and personal relations between citizens, legal persons
or other organizations and between the three of them, the peoples'
courts shall apply the provisions of this Law.
Article 4 Whoever engages in civil litigation within the
territory of the People's Republic of China must abide by this
Law.
Article 5 Aliens, stateless persons, foreign enterprises and
organizations that bring suits or enter appearance 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.
If 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 judicial powers
with respect to civil cases.
The people's courts shall try civil cases independently in
accordance with the law, and shall be subject to no interference by
any administrative organ, public organization or individual.
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 in civil litigation shall have equal
litigation rights. The people's courts shall, in conducting the
trials, safeguard their rights, facilitate their exercising the
rights, and apply the law equally to them.
Article 9 In trying civil cases, the people's courts shall
conduct conciliation for the parties on a voluntary and lawful
basis; if conciliation fails, judgments shall be rendered without
delay.
Article 10 In trying civil cases, the people's courts shall,
according to the provisions of the law, follow the systems of panel
hearing, withdrawal, public trial and the court of second instance
being that of last instance.
Article 11 Citizens of all nationalities shall have the right to
use their native spoken and written languages in civil
proceedings.
Where minority nationalities live in aggregation in a community
or where several 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 translations for any
participant in the proceedings who is not familiar with the spoken
or written languages commonly used by the local nationalities.
Article 12 Parties to civil actions are entitled in the trials
by the people's courts to argue for themselves.
Article 13 The parties are free to deal with their own civil
rights and litigation rights the way they prefer within the scope
provided by the law.
Article 14 The people's procuratorates shall have the right to
exercise legal supervision over civil proceedings.?
Article 15 Where an act has infringed upon the civil rights and
interests of the State, a collective organization or an individual,
any State organ, public organization, enterprise or institution may
support the injured unit or individual to bring an action in a
people's court.
Article 16 The people's conciliation committees shall be mass
organizations to conduct conciliation of civil disputes under the
guidance of the grass-roots level people's governments and the
basic level people's courts.
The people's conciliation committee shall conduct conciliation
for the parties according to the Law and on a voluntary basis. The
parties concerned shall carry out the settlement agreement reached
through conciliation; those who decline conciliation or those for
whom conciliation has failed or those who have backed out of the
settlement agreement may institute legal proceedings in a people's
court.
If a people's conciliation committee, in conducting conciliation
of civil disputes, acts contrary to the law, rectification shall be
made by the people's court
Article 17 The people's congresses of the national autonomous
regions may formulate, in accordance with the Constitution and the
principles of this Law, and in conjunction with the specific
circumstances of the local nationalities, adaptive and
supplementary provisions. Such provisions made by an autonomous
region shall be submitted to the Standing Committee of the National
People's Congress for approval; those made by an autonomous
prefecture or autonomous county shall be submitted to the standing
committee of the people's congress of the relevant province or
autonomous region for approval and to the Standing Committee of the
National People's Congress for the record.
Chapter II
Jurisdiction
Section 1
Jurisdiction by Forum Level
Article 18 The basic people's courts shall have jurisdiction as
courts of first instance over civil cases, unless otherwise
provided in 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 element;?
(2) cases that have major impact on the area under their
jurisdiction; and
(3) cases as determined by the Supreme People's Court to be
under the jurisdiction of the intermediate people's courts.
Article 20 The high 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 brought against a citizen shall be
under the jurisdiction of the people's court of the place where the
defendant has his domicile;? if the place of the defendant's
domicile is different from that of his habitual residence, the
lawsuit shall be under the jurisdiction of the people's court of
the place of his habitual residence.
A civil lawsuit brought against a legal person or any other
organization shall be under the jurisdiction of the people's court
of the place where the defendant has his 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 civil lawsuits described below shall be under the
jurisdiction of the people's court of the place where the plaintiff
has his domicile; if the place of the plaintiff's domicile is
different from that of his habitual residence, the lawsuit shall be
under the jurisdiction of the people's court of the place of the
plaintiff's habitual residence:
(1) those concerning personal status brought against persons not
residing within the territory of the People's Republic of
China;
(2) those concerning the personal status of persons whose
whereabouts are unknown or who have been declared as missing.
(3) those brought against persons who are undergoing
rehabilitation through labour; and
(4) those brought against persons who are in imprisonment.
Article? 24? A lawsuit brought on a contract dispute
shall be under the jurisdiction of the people's court? of the
place where the defendant has his domicile or where the contract is
performed.
Article 25 The parties to a contract may agree to choose in
their written contract the people's court of the place where the
defendant has his domicile, where the contract is performed, where
the contract is signed, where the plaintiff has his domicile or
where the object of the action is located to exercise jurisdiction
over the case, provided that the provisions of this Law regarding
jurisdiction by forum level and exclusive jurisdiction are not
violated.
Article 26? A lawsuit brought on an insurance contract
dispute shall be under the jurisdiction of the people's court of
the place where the defendant has his domicile? or where the
insured object is located.
Article 27? A lawsuit brought on a bill dispute shall be
under the jurisdiction of the people's court of the place where the
bill is to be paid or where the defendant has his domicile.
Article 28? A lawsuit arising from a dispute over a
railway, road, water, or air transport contract or over a combined
transport contract shall be under the jurisdiction of the people's
court of the place of dispatch or the place of destination or where
the defendant has his domicile.
Article 29 A lawsuit brought on a tortious act shall be under
the jurisdiction of the people's court of the place where the tort
is committed or where the defendant has his domicile.?
Article 30 A lawsuit brought on claims for damages caused by
a? railway, road, water transport or air accident shall be
under the jurisdiction of the people's court of 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 domicile.
Article 31 A lawsuit brought on claims for damages caused by a
collision at sea or by any other maritime accident shall be under
the jurisdiction of the people's court of the place where the
collision occurred or where the ship in collision first docked
after the accident or where the ship at fault was detained, or
where the defendant has his domicile.
Article 32 A lawsuit instituted for expenses of maritime salvage
shall be under the jurisdiction of the people's court of the place
where the salvage took place or where the salvaged ship first
docked after the disaster.
Article 33? A lawsuit brought for general average shall be
under the jurisdiction of the people's court of the place
where? the ship first docked? or where? the
adjustment of 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 herein specified:
(1) a lawsuit brought on a dispute over real estate shall be
under the jurisdiction of the people's court of the place where the
estate is located;
(2) a lawsuit brought on a dispute over harbour operations shall
be under the jurisdiction of the people's court of the place where
the harbour is located; and
(3) a lawsuit brought on a dispute over succession shall be
under the jurisdiction of the people's court of the place where the
decedent had his domicile upon his death, or where the principal
part of his estate is located.
Article 35 When two or more people's courts have jurisdiction
over a lawsuit, the plaintiff may bring his 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, the
people's court in which the case was first entertained shall have
jurisdiction.
Section 3
Transfer and Designation of Jurisdiction
Article 36 If a people's court finds that a case it has
entertained 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 entertain
the case, and if it considers that, according to the relevant
regulations, the case referred to it is not under its jurisdiction,
it shall report to a superior people's court for the designation of
jurisdiction and shall not independently refer the case again to
another people's court.
Article 37 If a people's court which has jurisdiction over a
case is unable to exercise the jurisdiction for special reasons, a
superior people's court shall designate another court to exercise
jurisdiction.
In the event of a jurisdictional dispute between two or more
people's courts, it shall be resolved by the disputing parties
through consultation; if the dispute cannot be so resolved, it
shall be reported to their common superior people's court for the
designation of jurisdiction.
Article 38? If a party to an action objects to the
jurisdiction of a people's court after the court has entertained
the case,? the party must raise the objection within the
period prescribed for the submission of defence.? The people's
court shall examine the objection. If the objection is established,
the people's court shall order the case to be transferred to the
people's court that has jurisdiction over it; if not, the people's
court shall reject it.
Article 39 The people's courts at higher levels shall have the
power to try civil cases over which the people's courts at lower
levels have jurisdiction as courts of first instance; they 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.
If a people's court at a lower level that has jurisdiction over
a civil case as court of first instance deems it necessary to have
the case to be tried by a people's court at a higher level, it may
submit it to and request the people's court at a higher level to
try the case.
Chapter III
Trial Organization
Article 40 The people's court of first instance shall try civil
cases by a collegial panel composed of both judges and judicial
assessors or of judges alone. The collegial panel must have an odd
number of members.?
Civil cases in which summary procedure is followed shall be
tried by a single judge alone.
When performing their duties, the judicial assessors shall have
equal rights and obligations as the judges.
Article 41 The people's court of second instance shall try civil
cases by a collegial panel of judges. The collegial panel must have
an odd number of members.
For the retrial of a remanded case, the people's court of first
instance 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 by a people's court at a higher level to it 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 of the court 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 shall serve as the presiding judge.
Article 43? When deliberating a case, a collegial panel
shall observe the rule of majority.? The deliberations shall
be recorded in writing, and the transcript shall be signed by the
members of the collegial panel. Dissenting opinions in the
deliberations must be truthfully entered in the transcript.
Article 44? The judicial officers shall deal with all cases
impartially and in accordance with the law.
The judicial officers shall not accept any treat or gift from
the parties or their agents ad litem.??
Any judicial officer who commits embezzlement, accepts bribes,
engages in malpractice for personal benefits or who perverts the
law in passing judgment shall be investigated for legal
responsibility; if the act constitutes a crime, the offender shall
be investigated for criminal responsibility according to the
law.
Chapter IV
Withdrawal
Article 45 A judicial officer shall of himself withdraw from the
case, and the parties thereto shall be entitled to apply orally or
in writing for his withdrawal in any of the following
circumstances:?
(1) he being a party to the case or a near relative of a party
or an agent ad litem in the case;
(2) he being an interested party in the case; or
(3) he having some other kind of relationship with a party to
the case, which might affect the impartiality of the trial.
The above provisions shall also apply to clerks, interpreters,
expert witnesses and inspection personnel.
Article 46 In applying for the withdrawal, the party shall state
the reason and submit the application at the beginning of the
proceedings; the application may also be submitted before the
closing of arguments in court if the reason for the withdrawal is
known to him only after the proceedings begin.
Pending a decision by the people's court regarding the
withdrawal applied for, the judicial officer concerned shall
temporarily suspend his participation in the proceedings, with the
exception, however, of cases that require the taking of emergency
measures.
Article 47? The withdrawal of the presiding judge who is
president of the court shall be decided by the judicial committee;
the withdrawal of judicial officers shall be decided by the court
president; and the withdrawal of other personnel by the presiding
judge.
Article 48? The? decision? of? a?
people's? court? on? an application made by any
party? for withdrawal? shall be made orally or in writing
within three days after the application was made. If the applicant
is not satisfied with the decision, he may apply for
reconsideration which could be granted only once.? During the
period of reconsideration, the person whose withdrawal has been
applied for shall not suspend his participation in the proceedings.
The decision of a people's court on the reconsideration shall be
made within three days after receiving the application and the
applicant shall be notified of it accordingly.
Chapter V
Participants in Proceedings
Section 1
Parties
Article 49? Any citizen, legal person and any other
organization? may become a party to a civil action.
Legal persons shall be represented by their legal
representatives in the litigation. Other organizations shall be
represented by their principal heads in the proceedings.
Article 50? Parties to an action shall have the right to
appoint agents, apply for withdrawals, collect and provide
evidence, proffer arguments, request conciliation, file an appeal
and apply for execution.
Parties to an action may have access to materials pertaining to
the? case and make copies thereof? and other legal
documents? pertaining to the case. The scope of and rules for
consulting and making copies of them shall be specified by the
Supreme People's Court.
Parties to an action must exercise their litigation rights in
accordance with the law, observe the procedures and carry out
legally effective written judgments or orders and conciliation
statements.
Article 51? The two parties may reach a compromise of their
own accord.
Article 52 The plaintiff may relinquish or modify his claims.
The defendant may admit or rebut the claims and shall have the
right to file counterclaims.
Article 53?? When one party or both parties consist of
two or more than two persons, their object of action being the same
or of the same category and the people's court considers that, with
the consent of the parties, the action can be tried combined, it is
a joint action.?
If a party of two or more persons to a joint action have common
rights and obligations with respect to the object of? action
and the act of any one of them is recognized by the others of the
party,? such an act? shall be valid? for all the
rest of the party; if a party of two or more persons have no common
rights and obligations with respect to the object of action, the
act of any one of them shall not be valid for the
rest.??
Article 54? If the persons comprising a party to a joint
action is? large in number, the party may elect
representatives from among themselves to act for them in the
litigation. The acts of such representatives in the litigation
shall be valid for the party they represent. However, modification
or waiver of claims? or admission of the claims of the other
party or pursuing a compromise with the other party by the
representatives shall be subject to the consent of the party they
represent.
Article 55? Where the object of action is of the same
category and the persons comprising one of the parties is large but
uncertain in number at the commencement of the action, the people's
court may issue a public notice, stating the particulars and claims
of the case and informing those entitled to participate in the
action to register their rights with the people's court within a
fixed period of time.
Those who have registered their rights with the people's court
may elect representatives from among themselves to proceed with the
litigation; if the election fails its purpose, such representatives
may be determined by the people's court through consultation with
those who have registered their rights with the court.
The acts of such representatives in the litigation shall be
valid for the party they represent; however, modification or waiver
of claims or admission of the claims of the other party or pursuing
a compromise with the other party by the representatives shall be
subject to the consent of the party they represent.
The judgments or written orders rendered by the people's court
shall be valid for all those who have registered their rights with
the court. Such judgments or written orders shall apply to those
who have not registered their rights but have instituted legal
proceedings during period of limitation of the
action.??
Article 56 If a third party considers that he has an independent
claim to the object of action of both parties, he? shall have
the right to bring an action.
Where the outcome of the case will affect a third party's legal
interest, such party, though having no independent claim to the
object of action of both parties, may file a request to participate
in the proceedings or the people's court shall notify the third
party to participate. A third party that is to bear civil liability
in accordance with the judgment of? the people's court shall
be entitled to the rights? and obligations of a party in
litigation.?
Section 2
Agents ad Litem
Article 57 Any person with no legal capacity to engage in
litigation shall have his guardian or guardians as statutory agents
to act for him in a lawsuit. If the statutory agents try to shift
responsibility as agents ad litem upon one another, the people's
court shall appoint one of them to represent the person in
litigation.
Article 58? A party to an action, or statutory agent may
appoint one or two persons to act as his agents ad litem.
A lawyer, a near relative of the party, a person recommended by
a relevant social organization or a unit to which the party belongs
or any other citizen approved by the people's court may be
appointed as the party's agent ad litem.
Article 59? When a person appoints another to act on his
behalf in litigation, he must submit to the people's court a power
of attorney bearing his signature or seal.
The power of attorney must specify the matters entrusted and the
powers conferred. An agent ad litem must obtain special powers from
his principal to admit, waive or modify claims, or to compromise or
to file a counterclaim or an appeal.
A power of attorney mailed or delivered through others by a
citizen of the People's Republic of China residing abroad must be
certified by the Chinese embassy or consulate accredited to 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 accredited to that country that has
diplomatic relations with the People's Republic of China, and then
transmitted for authentication to the embassy or consulate of the
People's Republic of China accredited to that third country, or it
must be certified by a local patriotic overseas Chinese
organization.
Article 60? A party to an action shall inform the people's
court in writing if he changes or revokes the powers of an agent ad
litem, 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 have access to materials pertaining to
the case. The scope of and rules for consulting materials
pertaining to the case shall be specified by the Supreme People's
Court.?
Article 62 In a divorce case in which the parties to the action
have been represented by their agents ad litem, the parties
themselves shall still appear in court in person, unless they are
incapable of expressing their own will. A party who is truly unable
to appear in court due to a special reason shall submit his views
in writing to the people's court.
Chapter VI
Evidence
Article 63? Evidence shall be classified as follows:
(1) documentary evidence;
(2) material evidence;
(3) audio-visual material;
(4) testimony of witnesses;
(5) statements of the parties;
(6) expert conclusions; and
(7) records of inspection.
The above-mentioned evidence must be verified before it can be
taken as a basis for ascertaining a fact.
Article 64 It is the duty of a party to an action to provide
evidence in support of his allegations.
If, for objective reasons, a party and his agent ad litem are
unable to collect the evidence by themselves or if the people's
court considers the evidence 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 the law, examine and verify evidence comprehensively
and objectively.
Article 65 The people's court shall have the right to make
investigation and collect evidence from the relevant units or
individuals; such units or individuals may not refuse to provide
information and evidence.
The people's court shall verify the authenticity, examine and
determine the validity of the certifying documents provided by the
relevant units or individuals.
Article 66 Evidence shall be presented in court and
cross-examined by the parties concerned. But evidence that involves
State secrets, trade secrets and personal privacy shall be kept
confidential. If it needs to be presented in court, such evidence
shall not be presented in an open court session.
Article 67 The people's court shall take the acts, facts and
documents legalized by notarization according to legal procedures
as the basis for ascertaining facts, unless there is evidence to
the contrary sufficient to invalidate the notarization.
Article 68 Any document submitted as evidence must be the
original. Material evidence must also be original. If it is truly
difficult to present the original document or thing, 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 verify audio-visual
materials and determine after their examination in the light of
other evidence in the case whether they can be taken as a basis for
ascertaining the facts.
Article 70 All units and individuals who have knowledge of a
case shall be under the obligation of giving testimony in court.
Responsible heads of the relevant units shall support the witnesses
to give testimony. When it is truly difficult for a witness to
appear in court, he may, with the consent of the people's court,
submit a written testimony.?
Any person who is incapable of expressing his will properly
shall not give testimony.
Article 71 The people's court shall examine the statements of
the parties concerned in the light of other evidence in the case to
determine whether the statements can be taken as a basis for
ascertaining the facts.
The refusal of a party to make statements 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
expert evaluation of a problem of a technical nature, it shall
refer the problem to a department authorized by the law for the
evaluation. In the absence of such a department, the people's court
shall appoint one to make the expert evaluation.
The authorized department and the experts designated by the
department shall have the right to consult the case materials
necessary for the evaluation and question the parties and witnesses
when circumstances so require.
The authorized department and the experts it designated shall
present a written conclusion of the evaluation duly sealed or
signed by both. If the evaluation is made by an expert alone, the
unit to which the expert belongs shall certify his status by
affixing its seal to the expert's conclusion.
Article 73 When inspecting material evidence or a site, the
inspector must produce his credentials issued by a people's court.
He shall request the local grass-roots organization or the unit to
which the party to the action belongs to send persons to
participate in the inspection. The party concerned or an adult
member of his family shall be present; their refusal to appear on
the scene, however, shall not hinder the inspection.
Upon notification by the people's court, the relevant units and
individuals shall be under the obligation of preserving the site
and assisting the inspection.
The inspector shall make a written record of the circumstances
and results of the inspection, which shall be duly signed or sealed
by the inspector, the party concerned and the participants
requested to be present.?
Article 74 Under circumstances where there is a likelihood that
evidence may be destroyed or lost, or difficult to obtain later,
the participants in the proceedings may apply to the people's court
for preservation of the evidence. The people's court may also on
its own initiative take measures to preserve such evidence.
Chapter VII
Time Periods and Service
Section 1
Time Periods
Article 75 Time periods shall include those prescribed by the
law and those designated by a 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.
A time period shall not include travelling time. A litigation
document that is mailed before the deadline shall not be regarded
as overdue.
Article 76 In case of failure on the part of a party to an
action to meet a deadline due to force majeure or for other
justified reasons, the party concerned may apply for an extension
of the time limit within 10 days after the obstacle is removed. The
extension applied for shall be subject to approval by a people's
court.
Section 2
Service
Article 77 A receipt shall be required for every litigation
document that is served and it shall bear the date of receipt noted
by the signature or seal of the person on whom the document was
served.
The date noted on the receipt by the person on whom the document
was served shall be regarded as the date of service of the
document.
Article 78 Litigation documents shall be sent or delivered
directly to the person on whom they are to be served. If that
person is a citizen, the documents shall, in case of his absence,
be receipted by an adult member of his family living with him. If
the person on whom they are to be served is a legal person or any
other organization, the documents shall be receipted by the legal
representatives of the legal? person or the principal heads of
the other organization or anyone of the legal person or the other
organization responsible for receiving such documents;? if the
person on whom they are to be served? has an agent ad litem,
the documents may be receipted by? the agent ad litem;?
if the person on whom they are to be served? has designated a
person to receive? litigation documents on his behalf and has
informed the people's court of it, the documents may be receipted
by the person designated.
The date put down in the receipt and signed by the adult family
member living with the person or whom the litigation documents are
to be served, or by the person responsible for receiving documents
of a legal person or any other organization,? or by the
agent? ad litem , or? the person designated to receive
documents? shall be deemed? the date of service of the
documents.
Article 79 If the person on whom the litigation documents are to
be served or the adult family member living with him refuses to
receive the documents, the person serving the documents shall ask
representatives from the relevant grass-roots organization or the
unit to which the person on whom the documents are to be served
belongs to appear on the scene, explain the situation to them, and
record on the receipt the reasons of the refusal and the date of
it. After the person serving the documents and the witnesses have
affixed their signatures or seals to the receipt, the documents
shall be left at the place where the person on whom they are to be
served lives and the service shall be deemed completed.
Article 80 If direct service proves to be difficult, service of
litigation documents may be entrusted to another people's court, or
done by mail. If the documents are served by mail, the date stated
on the receipt for postal delivery shall be deemed the date of
service of the documents.??
Article 81 If the person on whom the litigation documents are to
be served is a serviceman, the documents shall be forwarded to him
through the political organ of the unit at or above the regimental
level in the force to which he belongs.
Article 82 If the person on whom the litigation documents are to
be served is in imprisonment, the documents shall be forwarded to
him through the prison authorities or the unit of reform through
labour where the person is serving his term.
If the person on whom the litigation documents are to be served
is undergoing rehabilitation through labour, the documents shall be
forwarded to him through the unit of his rehabilitation through
labour.
Article 83 The organization or unit that receives the litigation
documents to be forwarded must immediately deliver them to and have
them receipted by the person on whom they are to be served. The
date stated on the receipt shall be deemed the date of service of
the documents.
Article 84 If the whereabouts of the person on whom the
litigation documents are to be served is unknown, or if the
documents cannot be served by the other methods specified in this
Section, the documents shall be served by public announcement.
Sixty days after the public announcement is made, the documents
shall be deemed to have been served.?
The reasons for service by public announcement and the process
gone through shall be recorded in the case files.
Chapter VIII
Conciliation
Article 85 In the trial of civil cases, the people's court shall
distinguish between right and wrong on the basis of the facts being
clear and conduct conciliation between the parties on a voluntary
basis.?
Article 86? When a people's court conducts?
conciliation, a single judge or a collegial panel may preside over
it. Conciliation shall be conducted on the spot as much as
possible.
When a people's court conducts conciliation, it may employ
simplified methods to notify the parties concerned and the
witnesses to appear in court.
Article 87 When a people's court conducts conciliation, it may
invite the units or individuals concerned to come to its
assistance. The units or individuals invited shall assist the
people's court in conciliation.
Article 88 A settlement agreement reached between the two
parties through conciliation must be of their own free will
and? without compulsion. The content of? the settlement
agreement shall not contravene? the law.
Article 89 When a settlement agreement through conciliation is
reached, the people's court shall draw up?? a
conciliation statement. The conciliation statement? shall
clearly set forth the claims,? the facts of the case, and the
result of the conciliation.
The conciliation statement shall be? signed by the judge
and the court clerk, sealed by? the people's court, and served
on both parties.?
Once it is receipted by the two parties concerned, the?
conciliation statement shall become legally effective.
Article 90 The people's court need not draw up a?
conciliation statement for the following cases when a
settlement? agreement is reached through conciliation:
(1) divorce cases 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 a conciliation
statement.
Any settlement agreement that needs no conciliation
statement? shall be entered into the written record and shall
become legally effective after being signed or sealed by both
parties concerned, by the judge and by the court clerk.
Article 91 If no agreement is reached through conciliation or if
either? party backs out of the settlement agreement before the
conciliation statement is served, the people's court shall render a
judgment without
delay.??????????????
Chapter IX
Property Preservation and Advance Execution
Article 92 In the cases where the execution of a judgment may
become impossible or difficult? because of the acts of either
party or for other reasons, the people's court may, at the
application of the other party,? order the adoption of
measures for property preservation. In the absence of such
application, the people's court may of itself, when
necessary,? order the adoption of measures for property
preservation.
In adopting property preservation measures, the people's court
may enjoin the applicant to provide security; if the applicant
fails to do so, his application shall be rejected.
After receiving an? application,? the people's court
must, if the case is urgent, make an order within 48 hours; if the
order for the adoption of property preservation measures is made,
the execution thereof shall begin immediately.
Article 93 Any interested party? whose lawful rights and
interests would, due to urgent circumstances, suffer irretrievable
damage without immediately applying for property preservation, may,
before filing a lawsuit, apply to the people's court for the
adoption of property preservation measures. The applicant must
provide security; if he fails to do so, his application shall be
rejected.
After receiving an application,? the people's court must
make an order within 48 hours;? if the court orders the
adoption of? property preservation measures, the execution
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? claims or to the property relevant to the case.
Property preservation shall be effected by sealing up,
distraining, freezing? or? other methods as prescribed by
the law.
After the people's court has frozen the property, it shall
promptly notify the person whose property has been frozen.
The property that has already been sealed up or frozen shall not
be sealed up or frozen for a second time.
Article 95 If the person against whom the application for
property preservation is made provides security, the people's court
shall cancel the property preservation.
Article 96 If an application for property preservation 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, upon application of the party
concerned, order advance execution in respect of 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 labour;
and?
(3) those involving urgent circumstances that??
require advance execution.
Article 98 Cases in which advance execution is ordered by the
people's court shall meet the following conditions:
(1) the relationship of rights and obligations between the
parties concerned is clear and definite, and denial of advance
execution would seriously affect the livelihood or production
operations of the applicant; and
(2) the person? against whom the application for advance
execution is made is capable of fulfilling his
obligations.?
The people's court may enjoin the applicant to provide security;
if the applicant fails to do so, his application shall be rejected.
If the applicant loses the lawsuit, he shall compensate the person
against whom the application is made for any loss of property
incurred from? the advance execution.
Article 99 If the party concerned is not satisfied with
the? order made on property preservation? or execution,
he may apply for? reconsideration which could be granted only
once. Execution of the order shall not be suspended during the time
of reconsideration.?
Chapter X
Compulsory Measures Against Obstruction of Civil
Proceedings
Article 100 If a defendant is required to appear in court, but,
having been served twice with summons, still refuses to do so
without justified reason, the people's court may constrain him to
appear in court by a peremptory writ.
Article 101 Participants and other persons in the court
proceedings? shall abide by the court rules.
If a person violates the court rules, the people's court may
reprimand him, or order him to leave the courtroom, or impose a
fine on or detain him.?
A person who seriously disrupts? court order by making an
uproar in the court or rushing at it, or insulting, slandering,
threatening, or assaulting the judicial officers, shall be
investigated for criminal responsibility by the people's court
according to the law; if the offence is a? minor one, the
offender? may be? detained or a fine imposed on him.
Article 102 If a participant or any other person in the
proceedings?? commits any one of the following acts, the
people's court shall, according to the seriousness of the
act,? impose a fine on him or detain him; if the act
constitutes a crime, the offender shall be investigated for
criminal responsibility according to law.
(1) forging or destroying important evidence, which would
obstruct the trial of a case by the people's court;
(2) using violence, threats or subornation to prevent a witness
from giving testimony, or instigating, suborning, or coercing
others to commit perjury;
(3) concealing, transferring, selling or destroying property
that has been sealed up or distrained, or property of which an
inventory has been made and which has been put under his care?
according to court instruction, or transferring the property that
has been frozen;
(4) insulting, slandering, incriminating with false
charges,? assaulting or maliciously retaliating against
judicial officers or personnel, participants in the proceedings,
witnesses, interpreters, evaluation experts, inspectors,? or
personnel assisting in execution;?
(5) using violence, threats or other means to hinder judicial
officers or personnel from performing their duties; or
(6) refusing to carry out legally effective judgments or orders
of the people's court.???
With respect to a unit that commits any one of the acts
specified above, the people's court may impose a fine on or detain
its principal heads or the person who are held actually responsible
for the act; if the act constitutes a crime, investigations for
criminal responsibility shall be made according to the law.
Article 103 Where a unit which is under an obligation to assist
in investigation and execution? commits any? one of the
following acts, the people's court may, apart from enjoining it to
perform its obligation, also impose a fine:
(1) refusing or obstructing the investigation and collection of
evidence? by the people's court;
(2) refusing by banks, credit cooperatives or other units
dealing with savings deposit, after receiving a notice for
assistance in execution from the people's court, to assist in
inquiring into, freezing or transferring the relevant deposit.
(3) refusing by the unit concerned, after receiving a notice for
assistance in execution from the people's court, to assist in
withholding the income of the party subject to execution, in going
through the formalities of transferring the? relevant
certificates of property rights or in transferring the relevant
negotiable instruments,? certificates, or other property;
or
(4)? refusing to provide other obligatory assistance in the
execution.
With respect to a unit that commits any one of the acts
specified above, the people's court may impose a fine on its
principal heads or the persons who are held actually responsible
for the act.? The people's court may also put forward a
judicial proposal to the supervisory organ or? any relevant
organ for the imposition of disciplinary
sanctions.????
Article 104 A fine on an individual shall not exceed Renminbi
1,000 yuan. A fine on a unit? shall? not be less than
1,000 yuan and shall not exceed 30,000 yuan.
The period of detention shall not be longer than 15 days.
The people's court shall deliver detained persons to a public
security organ for custody. The people's court may decide to
advance the time of release, if the detainee admits and mends?
his wrongdoings.
Article 105 Constrained appearance in court, imposition of a
fine or detention shall be subject to the approval of the president
of the people's court.?
A peremptory writ shall be issued for constraining appearance in
court.
A decision in writing shall be made for the imposition of a fine
or detention. The offender, if dissatisfied with the decision, may
apply to a people's court at a higher level for reconsideration
which 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 obstruction of proceedings shall be made only by the
people's court. Any unit or individual that extorts repayment of a
debt by illegal detention of a person or illegal distrainment of
property shall be investigated for criminal responsibility
according to the law, or shall be punished with detention or a
fine.??
Chapter XI
Litigation Costs
Article 107 Any party filing a civil lawsuit shall pay court
costs according to the rules.? For property cases, the party
shall pay other fees in addition to the court
costs.?????
Any party that has genuine difficulty in paying litigation costs
may, according to the relevant rules, apply to the people's court
for deferment or reduction of the payment or for its
exemption.?
Particulars for payment of litigation costs shall be laid down
separately.
Part Two Trial Procedure
Chapter XII Ordinary Procedure of First
Instance
Section 1 Bringing a Lawsuit and
Entertaining a Case
Article 108 The following conditions must be met when a lawsuit
is brought:
(1) the plaintiff must be a citizen, legal person or? any
other organization that has a direct interest in the case;
(2) there must be a definite defendant;?
(3)there must be specific claim or claims, facts, and?
cause or causes for the suit; and?
(4) the suit must be within the scope of acceptance for civil
actions by the people's courts and under the jurisdiction of the
people's court where the suit is entertained.
Article 109 When a lawsuit is brought, a statement of complaint
shall be submitted to the people's court, and copies of the
statement shall be provided according to the number of
defendants.
If the plaintiff has genuine difficulty in presenting the
statement of complaint in writing, he may state his complaint
orally; the people's court shall transcribe the complaint and
inform the other party of it accordingly.
Article 110 A statement of complaint shall clearly set forth the
following:
(1) the name, sex, age, ethnic status, occupation, work unit and
home address of the parties to the case; if the parties are legal
persons or? any other organizations,? their names,
addresses and the names and posts of the? legal
representatives or? the principal heads.
(2) the claim or claims of the suit,? the facts and grounds
on which the suit is based; and
(3) the evidence and its source, as well as the names and home
addresses of the witnesses.
Article 111? The people's court must entertain 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 deal with them in the light of their specific
circumstances:
(1) For a lawsuit within the scope of administrative actions in
accordance with the provisions of the Administrative Procedure Law,
the people's court shall advise the plaintiff to institute
administrative proceedings;
(2) If, according to the law, both parties? have on a
voluntary basis reached a written agreement to submit their
contract dispute to an arbitral organ for arbitration, they?
may not institute legal proceedings in a people's court.? The
people's court shall advise the plaintiff to apply to the arbitral
organ for arbitration;
(3) In case of disputes which, according to the law, shall be
dealt with by other organs, the people's court shall advise 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 advise 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 either party?
brings a suit again, the people's court shall advise that party to
file an appeal instead, except when the order of? the people's
court is one that permits the withdrawal of a suit;
(6) with respect to an action that may not be filed? within
a specified period according to the law, it shall not be
entertained, if it is filed during that period.
(7) In a divorce case in which a judgment has been made
disallowing? the divorce, or in which both parties have become
reconciled after conciliation, or in a case concerning adoptive
relationship in which a judgment has been made or conciliation has
been successfully conducted to maintain the adoptive relationship,
if the plaintiff files a suit again within six months in the
absence of any new developments or new reasons, it shall not be
entertained.?
Article 112 When a people's court receives a statement of
complaint or an oral complaint and finds after examination that it
meets the requirements for acceptance, the court shall place the
case on the docket within seven days and notify the parties
concerned; if it does not meet the requirements for acceptance, the
court shall make an order within seven days to reject it. The
plaintiff, if not satisfied with the order, may? file? an
appeal.?
Section 2
Preparations for Trial
Article 113? The people's court shall send a copy of the
statement of complaint? to the defendant within five days
after docketing the case, and the defendant shall file a?
defence within 15 days from? receipt of the copy of the
statement of complaint.
When the defendant files a defence, the people's court shall
send a copy of it to the plaintiff within five days from its
receipt. Failure by the defendant to file a defence shall not
prevent the case from being tried by the people's court.
Article 114 The people's court shall, with respect to cases
whose acceptance has been decided, inform the parties in the
notification of? acceptance and in the? notification
calling for response to the action of their relevant litigation
rights and obligations of which the parties may likewise be
informed orally.
Article 115 The parties shall be notified within three days
after the members of the collegial panel are determined.
Article 116 The judicial officers must carefully examine and
verify the case materials and carry out investigations and
collection of necessary evidence.
Article 117 The personnel sent by a people's court to conduct
investigations shall produce their credentials before the person to
be 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 the investigations.
The entrusting people's court shall clearly set out the matters
for and requirements of the entrusted investigations. The entrusted
people's court may on its own initiative conduct supplementary
investigations.?
The entrusted people's court shall complete the investigations
within 30 days after receiving the commission in writing. If for
some reason it cannot complete the investigations, the said
people's court 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 action
fails to participate in the proceedings, the people's court shall
notify him to participate.
Section 3
Trial in Court
Article 120 Civil cases shall be tried in public, except for
those? that involve State secrets or personal privacy or are
to be tried otherwise as provided by? the law.
A divorce case or a case involving trade secrets may not be
heard in public if a party so requests.
Article 121 For civil cases,? the? people's?
court? shall, whenever necessary, go on circuit to hold trials
on the spot.
Article 122 For civil cases, the people's court shall notify the
parties and other participants in the proceedings three days before
the opening of a court session. If a case is to be tried in public,
the names of the parties, the cause of action and the time and
location of the court session shall be announced publicly.
Article 123 Before a court session is called to order, the court
clerk shall ascertain whether or not the parties and other
participants in the proceedings are present and announce the rules
of order of the court.
At the beginning of a court session, the presiding judge shall
check the parties present, announce the cause of action and the
names of the judicial officers 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 Court investigation shall be conducted in the
following order:
(1) statements by the parties;?
(2) informing the witnesses of their rights and obligations,
giving testimony by the witnesses and reading of the written
statements of absentee witnesses;
(3) presentation of documentary evidence, material evidence and
audio-visual material;?
(4) reading of expert conclusions; and?
(5) reading of records of inspection.
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.
Any request by the parties concerned for a new investigation,
expert evaluation or inspection shall be subject to the approval of
the people's court.
Article 126 Additional claims by the plaintiff, counterclaims by
the defendant and third-party claims related to the case may be
tried in combination.
Article 127 Court debate shall be conducted in the following
order:
(1) oral statements by the plaintiff and his agents ad
litem;
(2) defence by the defendant and his agents ad litem;
(3) oral statement or defence by the third party and his agents
ad litem;
(4) debate between the two sides.
At the end of the court debate, the presiding judge shall ask
each side, first the plaintiff, then the defendant, and then the
third party, for their final opinion respectively.
Article 128 At the end of the court debate, a judgment shall be
made according to the law. Where conciliation is possible prior to
the rendering of?? a judgment,?? conciliation
efforts may be made; if conciliation proves to be unsuccessful, a
judgment shall be made without delay.
Article 129 If a plaintiff, having been served? with a
summons, refuses to appear in court without justified reasons, or
if he withdraws during a court session without the permission of
the court, the case may be considered as withdrawn by him;? if
the defendant files a counterclaim in the meantime, the court may
make a judgment by default.
Article 130 If a defendant, having been served? with a
summons, refuses to appear in court without justified reasons, or
if he withdraws during a court session without the permission of
the court, the court may make a judgment by default.?
Article 131 If a plaintiff applies for withdrawal of the case
before the judgment is pronounced, the people's court shall decide
whether to approve or disapprove it.?
If withdrawal of the case is not allowed by an order of the
people's court, and the plaintiff, having been served with a
summons, refuses to appear in court without justified reasons, the
people's court may make a judgment by default.
Article 132 Under any of the following circumstances, the trial
may be adjourned:
(1) the parties concerned and other participants in the
proceedings? required to appear in court fail to do so for
justified reasons;
(2)? any party concerned makes an extempore application for
the withdrawal of a judicial officer; or
(3) it is necessary to summon new witnesses to court, collect
new evidence, make a new expert evaluation, new inspection, or to
make a supplementary investigation; or?
(4) other circumstances that warrant the adjournment.
Article 133 The court clerk shall make a written record of the
entire court proceedings, which shall be signed by him and the
judicial officers.
The court record shall be read out in court, or else the parties
and other participants in the proceedings may be notified to read
the record while in court or within five days. If they consider
that there are omissions or errors in the record of their own
statements, the parties or other participants in the proceedings
shall have the right to apply for rectifications. If such
rectifications are not made, the application shall be placed on
record in 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
put on record in the case file.
Article 134 The people's court shall publicly pronounce its
judgment in all cases, whether publicly tried or not.
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 and given immediately after the pronouncement.
Upon pronouncement of a judgment, the parties concerned 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 judgement, the parties concerned
must be informed not to remarry before the judgment takes legal
effect.
Article 135 A people's court trying a case in which the ordinary
procedure is followed, shall conclude the case within six months
after docketing the case. Where an extension of the period is
necessary under special circumstances, a six-month extension may be
allowed subject to the approval of the president of the court.
Further extension, if needed, shall be reported to the people's
court at a higher level for approval.
Section 4
Suspension and Termination of Legal
Proceedings
Article 136 Legal Proceedings shall be suspended in any of the
following circumstances:
(1)? one of the parties dies and it is necessary to wait
for the heir or heiress to make clear whether to participate or not
in the proceedings;
(2)? one of the parties has lost the capacity to engage in
litigation and his agent ad litem has not been designated yet;
(3) the legal person or any other organization as one of the
parties has dissolved, and the successor 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;
(5) the adjudication of? the case pending 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
litigation.
The proceedings shall resume after the causes of the suspension
have been eliminated.
Article 137 Legal proceedings shall be terminated in any of the
following circumstances:
(1) the plaintiff dies without a successor, or the successor
waives the right to litigate;
(2) the decedent leaves no estate, nor any one to succeed to his
obligations;???
(3) one of the parties in a divorce case dies; or
(4) one of the parties dies who is a claimant to? alimony,
support for elders or children or to the termination of adoptive
relationship.
Section 5
Judgment and Order
Article 138 A? judgment shall? clearly set forth the
following:
(1) cause of action, the claims, facts and cause or causes of
the dispute;
(2) the facts and causes as found in the judgment and the basis
of? application of the law;
(3) the outcome of adjudication and the? costs to be borne;
and
(4) the time limit for filing an appeal and the appellate court
with which the appeal may be filed.
The judgment shall be signed by the judicial officers and the
court clerk, with the seal of the people's court 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
that part of the case first.
Article 140 An order in writing is to be made in any of the
following conditions:?
(1) refusal to entertain a case;
(2) objection to the jurisdiction of a court;
(3) rejection of a complaint;
(4) property preservation and advance execution;
(5) approval or disapproval of withdrawal of a suit;
(6) suspension or termination of legal proceedings;
(7) correction of errata in the judgment;
(8) suspension or termination of execution;
(9) refusal to enforce an arbitration award;
(10) refusal to enforce a document? of? a?
notary? office? evidencing? therights of a creditor
and entitling him to its compulsory execution;
(11) other matters to be decided in the form of an order in
writing. An appeal may be lodged against an order in writing in
Items (1), (2) and (3) mentioned above. An order in writing shall
be signed by the judicial officers and the court clerk, with the
seal of the people's court affixed to it. If it is issued orally,
the order shall be entered in the record.
Article 141
All judgments and written orders of the Supreme People's Court,
as well as judgments and written orders that may not be appealed
against according to the law or that 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,
the rights and obligations clear and the disputes trivial?
in? character,? the? basic people's courts and the
tribunals? dispatched? by? them? shall?
apply? the provisions of this Chapter.
Article 143
In simple civil cases, the plaintiff may lodge his complaint
orally. The two parties concerned may? at? the?
same? time? come? before? a? basic
people's court or a tribunal dispatched by it? for?
a? solution? of? their dispute. The basic people's
court or the tribunal it dispatched may? try the case
immediately or set a date for the trial.
Article 144
In trying a simple civil case, the basic people's court or
the? tribunal dispatched by it may use simplified methods
to? summon? at? any? time? the parties and
witnesses.
Article 145
Simple civil cases shall be tried by a single judge alone and
the trial of such cases shall not be bound by the provisions of
Articles 122, 124, and 127 of this Law.
Article 146
The people's court trying a case in which summary procedure
is? followed shall conclude the case within three months after
placing the case on? the docket.
Chapter XIV Procedure of Second Instance
Article 147
If a party refuses to accept a judgment of? first?
instance? of? a? local people's court, he shall
have? the? right? to? file? an?
appeal? with? the people's court at the next higher level
within 15 days after the? date? on which the written
judgment was served. If a party refuses to accept a written order
of first instance of a local people's court, he shall have the
right to file an appeal with a people's court at the next higher
level within 10 days after the date on which the written order was
served.
Article 148
For filing an appeal, a petition for the purpose shall be
submitted.? The content of the 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 heads; the name of the? people's court where the
case was originally tried; file number of the case and the cause of
action; and the claims of the appeal and the reasons.
Article 149
The appeal petition shall be submitted through the people's
court? which originally tried the case, and copies of it shall
be provided according to the number of persons? in?
the? other? party? or? of? the?
representatives thereof. If a party appeals directly to a people's
court of? second? instance,? the said court shall
within five days transmit? the? appeal?
petition? to? the people's court which originally tried
the case.
Article 150
The people's court which originally tried the case shall, within
five days after receiving the appeal petition, serve a?
copy? of? it? on? the? other party, who
shall submit his defence within 15 days? from? the?
receipt? of such copy. The people's court shall, within five
days after receiving the defence, serve a copy of it on the
appellant. Failure by the other party to submit a defence shall not
prevent the case from being tried by the people's court. After
receiving the appeal petition and the defence, 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
With respect to a case on appeal, the people's court of second
instance shall form a collegial panel to conduct the trial. After
verification of the facts of the case through consulting the files,
making investigations and questioning the parties, if the collegial
panel considers that it is not necessary to conduct a trial, it may
make a judgment or a written order directly. The people's court of
second instance may try a case on appeal at its own site or in the
place where the case originated or where the people's court which
originally tried the case is located.
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Article 153
After trying a case on appeal, the people's? court?
of? second? instance shall,? in? the?
light? of? the? following? situations,?
dispose?? of?? it accordingly:
(1) if the facts were? clearly? ascertained?
and? the? law? was? correctly applied in the
original judgment, the appeal shall be rejected in the form of a
judgment and the original judgment shall be affirmed;
(2) if the application of the law was incorrect in the
original? judgment, the said judgment shall be amended
according to the law;
(3) if in the original judgment the facts were incorrectly or
not? clearly ascertained and the evidence? was?
insufficient,? the? people's? court? of second
instance shall make a written order to set aside the?
judgment? and remand to case 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 there was violation of? legal? procedure?
in? making? the? original judgment, which may have
affected correct adjudication, the judgment shall be set aside by a
written order and the? case? remanded? to?
the? original people's court for retrial.? The parties
concerned may appeal against the judgment or written order rendered
in a retrial of their case.
Article 154
The people's court of second instance shall decide in the form
of orders in writing all cases of appeal against the written orders
made by the people's court of first instance.
Article 155
In dealing with a case on appeal, 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 officers and the court clerk, with the seal
of the people's court affixed to it. After the conciliation
statement has been served, the original judgment of the lower court
shall be deemed as set aside.
Article 156
If an appellant applies for withdrawal of his appeal before a
people's court of second instance pronounces its judgment, the
court shall decide whether to approve the application or not.
Article 157 In the trial of a case on appeal, the people's court of
second instance shall, apart from observing the provisions of this
Chapter, follow the ordinary procedure for trials of first
instance.
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Article 158
The judgment and the written order of a people's court of second
instance shall be final.
Article 159
The people's court trying a case on appeal shall conclude the
case within three months after docketing the case. Any extension of
the period necessitated by special circumstances shall be subject
to the approval of the president of the court. The people's court
trying a case on appeal against a written order shall, within 30
days after docketing the case for second instance trial, make a
written order which is final.
Chapter XV Special Procedure
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Section 1 General Provisions
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Article 160
When the people's courts try cases concerning the qualification
of voters, the declaration of a person as missing or dead, the
adjudgment of legal incapacity or restricted legal capacity of a
citizen and the adjudgement of a property as ownerless, the
provisions of this Chapter shall apply.? For matters not
covered in this Chapter, the relevant provisions of this Law and
other laws shall apply.
Article 161
In cases tried in accordance with the procedure provided 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?
in? involving? the qualification of voters or of 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 provided in this Chapter, finds that the case involves a
civil dispute over rights and interests, it shall make a written
order to terminate the special procedure and inform the interested
parties to otherwise institute and action.
Article 163
A people's court trying a case in which special procedure is
followed shall conclude the case within 30 days? after?
placing? the? case? on? the docket or within 30
days after expiration of? the? period? stated?
in? the public notice. Any extension of the time limit
necessitated by special circumstances shall be subject to the
approval of the president of the court, excepting, however, a case
concerning the qualification of voters.
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Section 2? Cases Concerning the Qualification of
Voters
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Article 164
If a citizen refuses to accept an election committee's decision
on an appeal concerning his voting qualification, he may, five days
before the election day, bring a suit in the basic people's court
located in the electoral district.
Article 165
After entertaining a case concerning voting qualification, a
people's court must conclude the trial before the election day. The
party? who? brings? the? suit,? the?
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 on the election committee and the party who brings the suit
before the election day; other citizens concerned shall be notified
of the judgment.
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Section 3 Cases Concerning the Declaration of a Person as Missing
or Dead
Article 166
With respect to a citizen whose whereabouts are unknown for two
years in full, if the interested party applies for declaring the
person as missing, the application shall be filed with the basic
people's court in the locality where the missing person has his
domicile. The? application? shall? clearly?
state? the? facts? and?? time??
of?? the disappearance of the person missing as
well? as? the? motion;? documentary evidence
from a public security organ or other relevant organs?
concerning the disappearance of the citizen shall be appended to
the application.
Article 167
With respect to a citizen whose whereabouts are unknown for four
years? in full or whose whereabouts are unknown for?
two? years? in? full? after? an accident
in which he was involved, or with? respect? to?
a? citizen? whose whereabouts are unknown after such an
accident, and, upon proof? furnished by the relevant
authorities that it is impossible for him to? survive,?
if the interested party applies? for? declaring?
such? person? as? dead,? the application shall
be filed with the basic people's court in? the? locality
where the missing person has his domicile. The application shall
clearly state the facts and time of the disappearance as well as
the motion; documentary evidence from a public security organ or
other relevant organs concerning the disappearance of the citizen
shall be appended to the application.
Article 168
After entertaining a case concerning the declaration of a person
as missing or dead, the people's court shall issue a public notice
in search of the person missing. The period of the public notice
for declaring a person as missing shall be three months, and that
for declaring a person as dead shall be one year. Where a citizen's
whereabouts are unknown after an accident in which he was involved
and, upon proof furnished by the relevant authorities that it is
impossible for him to survive, the period of the public notice for
proclaiming such person as dead shall be three months. On the
expiration of the period of the public notice, the?
people's? court shall, depending on whether the fact of the
missing or death of the person has been confirmed, make a judgment
declaring the person missing? or? dead or make a judgment
rejecting the application.
Article 169
If a person who has been declared missing or dead by a people's
court reappears, the people's court shall, upon the application of
that person or of an interested party, make a new judgment and
annul the previous one.
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Section 4 Cases Concerning the Adjudgment of Legal Incapacity
or
Restricted Legal Capacity of Citizens
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Article 170
An application for adjudgment of legal incapacity or restricted
legal capacity of a citizen shall be filed by the citizen's near
relatives or any other interested party with the basic people's
court in the locality where the citizen has his domicile. The
application shall clearly state the fact and grounds of the
citizen's legal incapacity or restricted legal capacity.
Article 171
After accepting such? an? application,? the?
people's? court? shall,? when necessary,?
have? an? expert? evaluation? of?
the? citizen? of? whom?? the determination
of legal incapacity or restricted legal capacity is sought; if the
applicant? has? already? provided? an?
evaluation? conclusion,? the people's court shall examine
such conclusion.
Article 172
In the trial by the people's court of a case? for?
the? determination? of legal incapacity or?
restricted? legal? capacity? of? a?
citizen,? a? near relative of the citizen shall be his
agent, the applicant being excluded. If the near?
relatives? of? the? citizen? shift?
responsibility? onto? one another, the people's court
shall appoint one of them? as? agent? for? the
citizen. If the citizen's condition of health permits, the people's
court shall also seek the opinion of the citizen on the matter. If,
through the trial, the people's court finds that? the?
application? is based on facts,? a? judgment?
of? legal? incapacity? or? restricted?
legal capacity of the citizen shall? be? made;?
if? the? court? finds? that? the
application is not based on facts, it shall make a judgment
rejecting? the application.
Article 173
If, upon the application of a person who has been determined as
one of legal incapacity or restricted legal capacity or upon the
application of his guardian, the people's court confirms that the
causes of that person's legal incapacity or restricted legal
capacity have been eliminated, a new judgment shall be made
annulling the previous one.
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Section 5? Cases Concerning the Determination of a Property
as Ownerless
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Article 174
An application for determining a property as ownerless shall be
filed by a citizen, legal person or any other organization with the
basic 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 filed.
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Article 175
The people's court shall, after accepting such an application
and upon examination and verification of it, issue a public notice
calling on the owner to claim the property. If no one claims the
property one year after 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 State or the collective
concerned.
Article 176
If, after a property has been determined by a judgment as
ownerless, the owner of the property or his successor appears, such
a person may file a claim for the property within the period of
limitation specified in the General Principles of the Civil Law.
The people's court shall, after examination and verification of the
claim, make a new judgment, annulling the previous one.
Chapter XVI Procedure for Trial
Supervision
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Article 177
If the president of a people's court at any level finds definite
error in a legally effective judgment or written order of his court
and deems it necessary to have the case retried, he shall refer it
to the judicial committee for discussion and decision. If the
Supreme People's Court finds definite error in a legally effective
judgement or written 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 written order of a people's
court at a lower level, it shall respectively have the power to
bring the case up for trial by itself or direct the people's court
at a lower level to conduct a retrial.
Article 178
If a party to an action? considers? that?
there? is? error? in? a? legally effective
judgment or written order, he may apply to? the?
people's? court which originally tried the case or to a
people's court at the next? higher level for a retrial;
however, execution of the judgment or order shall not be
suspended.
Article 179
If an application made by a party meets any of the following
conditions, the people's court shall retry the case:
(1) there is sufficient new evidence to set aside the original
judgment or written order;
(2) the main evidence on which the facts were ascertained in
the? original judgment or written order was insufficient;
(3) there was definite error in the application of the law in
the original judgment or written order;
(4) there was violation by the people's court of the legal
procedure which may have affected the correctness of the judgment
or written order in? the case; or
(5) the judicial officers have committed?
embezzlement,? accepted? bribes, done malpractices for
personal benefits? and? perverted? the?
law? in? the adjudication of the case.
The people's court shall reject the application that meets none
of the conditions specified above.
Article 180
With respect to a legally effective conciliation statement, if
evidence furnished by a party proves that the conciliation violates
the? principle of voluntariness? or? that?
the? content? of? the? conciliation?
agreement violates the law, the party may apply for? a?
retrial. If the foregoing proves true after its examination, the
people's court shall retry the case.
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Article 181
With respect to a legally effective judgment on dissolution of
marriage, neither of the two parties shall apply for a retrial.
Article 182
Application for a retrial made by a party must be submitted
within two years after the judgment or written 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 suspended by a written order which shall be
signed by the president of the court with the seal of the people's
court affixed to it.
Article 184
With respect to a case pending retrial by a people's court
in? accordance with the? procedure? for?
trial? supervision,? if? the? legally?
effective judgment or written order was made by a court of first
instance, the? case shall be tried in accordance with the
procedure of first instance, and the parties concerned may appeal
against the new judgment? or? order;? if? the
legally effective judgment or written order was made by a court
of? second instance, the case shall be tried in?
accordance? with? the? procedure? of second
instance, and the new judgment or written 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? tried? in?
accordance? with? the procedure of second instance, and
the new judgment or written order? shall be legally effective.
The people's court shall form a new collegial panel for the purpose
of the retrial.
Article 185
If the Supreme People's? Procuratorate finds that a legally
effective judgment or written order made by a people's court at any
level involves any of the following circumstances, or if a people's
procuratorate at a higher level finds that a legally effective
judgment or written 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 for ascertaining the facts in the
previous? judgment or written order was insufficient;
(2) there was a definite error in? the?
application? of? the? law? in? the
previous judgment or written order;
(3) there was violation by the people's court of the legal
procedure which may have affected the correctness of the judgment
or written order; or
(4) the judicial officers have committed?
embezzlement,? accepted? bribes, done malpractice for
personal benefits and perverted the law in the? trial of the
case. If a local people's procuratorate at any level finds that a
legally effective judgment or written order made by a people's
court at the corresponding level involves any of the circumstances
specified above, it shall refer the matter to the people's
procuratorate at a higher level with the request that a protest be
lodged by the latter in accordance with the procedure for trial
supervision.
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Article 186
Cases in which protest was made 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
written order made by a people's? court,? it?
shall? make? the protest in writing.
Article 188
The people's court shall, in retrying a case in which protest
was lodged by a people's procuratorate,?? notify the
procuratorate to send representatives to attend the court
session.
Chapter XVII Procedure for Hastening Debt Recovery
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Article 189
When a creditor requests payment? of? a?
pecuniary? debt? or? recovery? of
negotiable? instruments? from? a? debtor,?
he? may,?? if?? the?? following
requirements? are? met,? apply? to?
the? basic? people's? court? that? has
jurisdiction for an order of payment:
(1) no other debt disputes exist between the creditor and the
debtor; and
(2) the order of payment can be served on the debtor. The
application shall clearly state the requested amount of money or of
the negotiable instruments and the facts and evidence on the?
basis of which the application is made.
Article 190
After the creditor has submitted his application, the people's
court shall within five days inform the creditor whether it accepts
the application or not.
Article 191
After accepting the application and upon examination?
of? the? facts? and evidence provided by the
creditor, the people's court shall, if the rights and obligations
relationship between the creditor and the debtor is? clear and
legitimate, issue within 15 days after accepting? the?
application? an order of payment to the debtor;? if?
the? application? is? unfounded,? the people's
court shall make an order to reject it. The debtor shall, within 15
days after receipt of the? order? of? payment, clear
off his debts or? submit? to? the?
people's? court? his? dissent? in writing. If
the debtor has neither dissented from nor complied with?
the? order? of payment within the? period?
specified? in? the? preceding? paragraph,?
the creditor may apply to the people's court for execution.
Article 192
The people's court shall, on receiving the dissent in writing
submitted by the debtor, make an order to terminate the procedure
for hastening debt recovery and the order of payment shall of
itself be invalidated. The creditor may bring an action in the
people's court.
Chapter? XVIII? Procedure? for?
Publicizing? Public? Notice? for? Assertion of
Claims
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Article 193
Any holder of a bill transferable by endorsement according to
the law may, if the bill is stolen, lost, or destroyed, apply to
the basic people's court of the place where the bill is to be paid
for publication of public notice for assertion of claims. The
provisions of this Chapter shall apply to other matters for which,
according to the law, an application for publication of a public
notice for assertion of claims may be made. The applicant shall
submit to the people's court an application which clearly states
the main contents of the bill such as the face amount, the drawer,
the holder, the endorser, and the facts and reasons in respect of
the application.
Article 194
The people's court shall, upon deciding to accept the
application, notify the payor concerned in the meantime to
suspend? the? payment,? and? shall, within
three days, issue a public notice for? the?
interested? parties? to assert their rights. The period
of the public notice shall be decided at the discretion of the
people's court; however, it shall not be less than 60 days.
Article 195
The payor shall, upon receiving the notification by the people's
court to suspend the? payment,? do? so?
accordingly? till? the? conclusion? of?
the procedure for publicizing a public notice for assertion of
claims. Within the period of the public notice, assignment of
rights on the bill shall be void.
Article 196
Interested party or parties as claimants shall report their
claims to the people's court within the period of the public
notice. After receiving the report on the claims by interested
party or parties, the people's court shall make a written order to
terminate the procedure for publicizing public notice for assertion
of claims, and notify the applicant and the payor. The applicant or
the claimants may bring an action in the people's court.
Article 197
If no claim is asserted, the people's court shall make a
judgment on the basis of the application to declare the bill in
question null and void. The judgment shall be published and the
payor notified accordingly. As of the date of publication of the
judgment, the applicant shall be entitled to payment by the
payor.
Article 198
If an interested party for justified reasons was unable to
submit his claim to the people's court before the judgment is
made,? he? may,? within one year after the day he
knows or should? know? the? publication?
of? the judgment, bring an action? in? the?
people's? court? which? has? made? the
judgment.
Chapter XIX Procedure for Bankruptcy and Debt Repayment
of Legal Person Enterprises
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Article 199
If a legal person enterprise has suffered serious losses and is
unable to repay the debts at maturity, the creditors may apply to a
people's court for declaring the debtor bankrupt for debts to be
repaid; the debtor may likewise apply to a people's court for
declaring bankruptcy for debts to be repaid.
Article 200
After making an order to declare the initiation of the
bankruptcy and debt repayment proceedings, the people's court shall
notify the debtor and? the known creditors within ten days and
also make a public announcement. Creditors who have been notified
shall, within 30 days after receiving the
notice, and those who have not been notified shall,?
within? three? months after the date of the announcement,
lodge their claims with? the? people's court. Creditors
who fail to lodge? their? claims? during?
the? respective periods shall be deemed to have abandoned
their rights. Creditors may organize a creditors' meeting to
discuss and? approve? of? a formula for the
disposition and distribution of bankrupt property, or? for a
composition agreement.
Article 201
The people's court may appoint a liquidation commission formed
by relevant state organs and persons concerned. The liquidation
commission shall? take charge? of? the?
custody? of? the? bankrupt? property,?
its?? liquidation, assessment, disposition and
distribution. The liquidation commission? may also engage in
necessary activities of a civil? nature? according?
to? the
law. The liquidation commission shall be responsible and report its
work to the people's court.
Article 202
If the legal person enterprise? and? the?
creditors? reach? a? composition agreement, the
people's court shall, after approving the agreement, make a public
announcement of it and terminate the bankruptcy and debt?
repayment proceedings. The composition agreement shall be
legally? effective? as? of the date of the public
announcement.
Article 203
With respect to the property mortgaged or otherwise used
as? security? for bank loans or other obligations, the
bank and other creditors? shall? have priority in the
repayment of debts as regards the? property?
mortgaged? or used as security for other kinds of obligations.
If the money value of the property mortgaged or used as
security? for? other? kinds? of?
obligations
exceeds the amount of loans secured, the surplus shall go to
the? bankrupt property for debt repayment.
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Article 204
After deduction of? bankruptcy? proceedings?
expenses? from? the? bankrupt property, first?
repayment? shall? be? made? in? the?
following? order? of priority:
(1) wages and salaries of staff and workers and labour
insurance? expenses that are owned by the bankrupt
enterprise;
(2) taxes owed by the bankrupt enterprise; and
(3) claims by creditors in the bankruptcy proceedings. Where the
bankrupt property is insufficient to meet the? repayment?
claims of the same order of priority, it? shall? be?
distributed? on? a? pro-rata basis.
Article 205
The debt repayment of a bankrupt legal person enterprise?
shall? be? under the jurisdiction of the people's court
of the place where the legal person enterprise is located.
Article 206
The provisions of the Law of the People's Republic of China
on? Enterprise Bankruptcy shall apply to bankruptcy and?
debt? repayment? of? enterprises owned by the whole
people. The provisions of? this? Chapter?
shall? not? apply? to? non-legal?
personenterprises,?? individual? businesses,?
lease holding? farm? households? and partnerships by
private individuals.
PART THREE? PROCEDURE OF EXECUTION
Chapter XX General Provisions
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Article 207
Legally effective judgments or written orders in civil cases,
as? well? as the paeral Provisions
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Article 207
Legally effective judgments or written orders in civil cases,
as? well? as the parts of judgments or?
written? orders? that? relate? to?
property? in criminal cases, 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 the law shall be executed by the people's court of
the place where the person subjected to execution has?
his? domicile? or? where? the property subject
to execution is located.
Article 208
If, in the course of execution,? an? outsider?
raises? an? objection? with respect to the object
subjected to execution, the execution officer? shall examine
the objection in accordance with the procedure prescribed?
by? the law. If the reasons for the objection are untenable,
the? objection? shall be rejected; if otherwise,
execution shall be suspended with the? approval of the
president of the court. If definite error is found in the?
judgment or the written order, it shall? be? dealt?
with? in? accordance? with? the procedure for
trial supervision.
Article 209
Execution work shall be carried out by the execution officer.
When carrying out a compulsory execution measure,? the?
execution? officer shall produce his 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 basic people's court and the intermediate?
people's? court? may,? when necessary, establish
execution organs, whose functions shall be defined by the Supreme
People's Court.
Article 210
If a person or property subjected to execution is in another
locality, the people's court in that locality may be entrusted with
the carrying out? 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 does not carry out 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 over the? entrusted people's court to
instruct the entrusted people's court to carry? out?
the
execution.
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Article 211
If in the course of execution the two parties become reconciled
and? reach a settlement agreement on their? own?
initiative,? the? execution? officer shall make a
record of the contents of the? agreement,? and?
both? parties shall affix their signatures or seals to the
record. If either party fails to fulfil the? settlement?
agreement,? the? people's court may, at the request of
the other party, resume the execution of? the legal document
which was originally effective.
Article 212
In the course of execution, if the person subjected to
execution? provides a guaranty, the people's court may, with
the consent of the person who has applied for execution, decide on
the suspension of the execution? and? the time limit for
such suspension. If the person subjected to execution still fails
to perform his obligations after the time limit, the people's?
court shall have the power to execute the property he
provided? as? security? or the property of the
guarantor.
Article 213
If the citizen subjected to execution dies, his debts
shall? be? paid? off from the deceased estate; if a
legal? person? or? any? other?
organization subjected to execution dissolves, the party that
succeeds? to? its? rights and obligations shall
fulfil the obligations.
Article 214
After the completion of execution, if? definite?
error? is? found? in? the executed judgment,
written order or other legal documents resulting in the annulment
of such judgment, order? or? legal? documents?
by? the? people's court, the said court shall, with
respect to the property which? has? been executed, make a
written order that persons who have obtained the property shall
return it.? In? the? event? of?
refusal? to? return? such? property, compulsory
execution shall be carried out.
Article 215
The provisions of this Part shall be applicable to the?
execution? of? the conciliation statement as drawn up by
the people's court.
Chapter XXI Application for Execution and
Referral
Article 216
The parties concerned must comply? with? legally?
effective? judgments? or written orders in civil cases.
If a party refuses? to? do? so,? the?
other party may apply to the people's court for?
execution,? or? the? judge? may refer the
matter to the execution officer for enforcement. The parties
concerned must comply? with? the? conciliation?
statement? and other legal documents that are to be executed
by the people's court. If? a party refuses to do so, the other
party may apply to? the? people's? court for
enforcement.
Article 217
If a party fails to comply with an award of an arbitral
organ? established according to the law, the other party?
may? apply? for? execution? to? the
people's court which has jurisdiction over the case.?
The? people's? court applied to shall enforce the award.
If the party against whom the application is made furnishes proof
that the arbitral award involves any of the following
circumstances,? the? people's court shall, after
examination and verification by a collegial panel, make a written
order not to allow the enforcement:
(1) the parties have had no arbitration clause in their
contract, nor have subsequently reached a written agreement on
arbitration;
(2) the matters dealt with by the award fall? outside?
the? scope? of? the arbitration agreement or are
matters which the arbitral organ has no power to arbitrate;
(3) the composition of the? arbitration?
tribunal? or? the? procedure? for arbitration
contradicts the procedure prescribed by the law;
(4) the main evidence for ascertaining the facts is
insufficient;
(5) there is definite error in the application of the law;
or
(6) the arbitrators have committed embezzlement, accepted
bribes? or? done malpractice for personal benefits or
perverted the law in the? arbitration of the case.
If the people's court determines that the execution of the
arbitral award is against the social and public interest, it shall
make an order not to allow the execution. The above-mentioned
written order shall be served on both parties and? the
arbitral organ. If the execution of an arbitral award is disallowed
by a written order? of the people's? court,?
the? parties? may,? in? accordance?
with? a? written agreement on arbitration?
reached? between? them,? apply? for?
arbitration
again; they may also bring an action in a people's court.
Article 218
If a party fails to comply? with? a?
document? evidencing? the? creditor's rights made
enforceable according to the 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 applied to shall enforce
such document. If the people's court finds definite error in the
document? of? creditor's rights, it shall make an order
not to allow the execution? and? serve? the order on
both parties concerned as well as the notary office.
???
Article 219
The time limit for the submission of an application for
execution shall be one year, if both or one 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 of performance specified by the
legal document.? If? the? legal document?
specifies? performance? 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 directing execution, send an
execution? notice? to the person subjected to execution,
instructing him to? comply? within? the specified
time. If the person? fails? to? comply?
accordingly,? compulsory execution shall be carried out.
Chapter XXII Execution Measures
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Article 221
If the person subjected to execution fails? to?
fulfil? according? to? the execution notice the
obligations specified? in? the? legal?
document,? the people's court shall be empowered to make?
inquiries? with? banks,? credit cooperatives or
other units? that? deal? with? savings?
deposit? into? the deposit accounts of the?
person? subjected? to? execution,? and?
shall? be empowered to freeze or transfer? his?
deposits;? however,? the? inquiries, freezing or
transfer of the deposits shall not exceed? the?
scope? of? the obligations to be fulfilled by the person
subjected to execution. The people's court shall, in deciding to
freeze? or? transfer? a? deposit, make a
written order and issue a notice for assistance in execution.
Banks, credit cooperatives or other units that deal with?
savings? deposit must comply with it.
Article 222
If the person subjected to execution fails? to?
fulfil? according? to? the execution notice the
obligations specified? in? the? legal?
document,? the people's court shall be empowered to
withhold? or? withdraw? part? of? the
income of the person subjected to execution, for? the?
fulfilment? of? his obligations. However, it shall leave
out the necessary living expenses for
the person subjected to execution and his dependant family members.
The people's court shall, when withholding or withdrawing the
income, make a written order and issue a notice for assistance in
execution.? The? unit in? which? the?
person? subjected? to? execution?
works,?? banks,?? credit cooperatives or other
units that deal with? savings? deposit? must?
comply with the notice.
Article 223
If the person subjected to execution fails? to?
fulfil? according? to? the execution notice the
obligations specified? in? the? legal?
document,? the people's court shall be empowered to seal up,
distrain,? freeze,? sell? by public auction, or sell
off part of the property of the? person? subjected to
execution for the fulfilment of? his? obligations.?
However,? it? shall leave out the necessaries of life for
the person? subjected? to? execution and his
dependant family members. The people's court shall make an order
for the adoption? of? the? measures specified in the
preceding paragraph.
Article 224
When the people's court seals up or distrains a property, it
shall, if the person subjected to execution is a citizen, notify
him or an adult? member of his family to appear on the scene;
if the party subjected to? execution is a legal person or any
other organization, it? shall? notify? its?
legal representatives or its principal heads to be?
present.? Their? refusal? to appear on the?
scene? shall? not? hinder? the?
execution.? If? the? person subjected? to?
execution? is? a? citizen,? his?
unit? or? the? grass-roots organization of the place
where his? property? is? located? shall?
send? a representative to attend the execution. 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 subjected to execution. If the person subjected to
execution is a citizen, another copy may be given to an adult
member of his family.
???
Article 225
The execution officer may commit the? sealed-up?
property? to? the? person subjected to execution for
safekeeping,? and? the? person? shall?
be? held responsible for any losses incurred due to his
fault.
Article 226
After a property has been sealed up or distrained, the?
execution? officer shall instruct the person subjected to
execution? to? fulfil,? within? the prescribed
period, the obligations specified in the legal document. If the
person has not fulfilled his obligations upon expiration?
of? the? period, the people's court may, in accordance
with the relevant legal? provisions, entrust the relevant
units with selling by public auction or? selling? off the
sealed-up or distrained property. 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 subjected to? execution? fails?
to? fulfil? his? obligations specified in the legal
document and conceals his? property,? the? people's
court shall be empowered to issue a search warrant and search him
and? his domicile or the place where the property was
concealed. In? adopting? the? measure?
mentioned? in? the? preceding? paragraph,?
the president of the people's court shall sign and issue the search
warrant.
Article 228
With respect to the? property? or?
negotiable? instruments? specified? for delivery in
the legal document, the execution officer? shall?
summon? both parties concerned and deliver them in?
their? presence? or? the? execution officer may
forward them to the recipient,? who? shall?
sign? and? give? a Receipt. Any unit concerned that
has? in? possession? the? property?
or? negotiable instruments shall turn them over to the
recipient in accordance? with? the notice of?
the? people's? court? for? assistance?
in? execution,? and? the recipient shall sign and
give a receipt. If any citizen concerned has in?
possession? the? property? or? negotiable
instruments, the people's court shall notify him to hand them over.
If? he refuses to do so, compulsory execution shall be carried
out.
???
Article 229
Compulsory eviction 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 subjected to execution to comply
within a specified period of time. If the person subjected to
execution fails to do? so? upon the expiration of the
period, compulsory execution shall be carried out by the execution
officer. When compulsory execution is being carried out, if the
person subjected to execution is a citizen, the person or an adult
member of his family shall be notified to be present; if the party
subjected to execution is a? legal person or any other
organization, its legal representatives? or? principal
heads shall be notified to be present; their refusal to be?
present? shall not hinder the execution. If? the?
person? subjected? to? execution? is? a
citizen, his work unit or the grass-roots organization in the
locality? of the building? or? the? plot?
of? land? shall? send? a?
representative? for attendance. The execution officer shall
make a record of? the? particulars of the compulsory
execution, with the signatures or seals of? the?
persons
on the scene affixed to it.
The people's court? shall? assign? personnel?
to? transport? the? property removed in a compulsory
eviction from a building to a designated? location and turn it
over to the person subjected to execution or, if the person is a
citizen, to an adult member of his family; if any loss is?
incurred? due to such person's refusal to accept the property,
the loss shall? be? borne by the person subjected to
execution.
Article 230
In the course of execution, if certain formalities?
for? the? transfer? of certificates of property
right need to be gone through, the people's court may issue a
notice for assistance in execution to the relevant units,? and
they must comply with it.
???
Article 231
If the person subjected to execution fails to perform acts
specified in? a judgement or written order or any other legal
document? according? to? the execution notice, the
people's court may carry out compulsory execution or entrust the
task to a relevant unit? or? other? persons,?
and? the? person subjected to execution shall bear the
expenses thus incurred.
Article 232
If the person subjected to execution fails to fulfil his
obligations with respect to pecuniary payment within the period
specified by a judgment? or written order or any other legal
document, he shall pay double interest on the debt for the belated
payment. If the? person? subjected? to?
execution fails to fulfil his other obligations within the period
specified? in? the judgment or written order or any other
legal? document,? he? shall? pay? a charge
for the dilatory fulfilment.
Article 233
After the adoption of the execution measures stipulated in?
Articles? 221, 222 and 223 of this Law, if the person
subjected? to? execution? is? still unable to
repay the debts, he shall continue to fulfil his obligations. If
the creditor finds that the person subjected to execution has any
other property, he may at any time apply to the people's court for
execution.
Chapter XXIII Suspension and Termination of Execution
???
Article 234
The people's court shall make a written order to suspend?
execution? under any of the following circumstances:
(1) the applicant indicates that the execution may be
postponed;
(2) an outsider raises an obviously reasonable objection to the
object? of the execution;
(3) a citizen as one of the parties dies and it is necessary
to? wait? for the successor to inherit the rights of the
deceased or to succeed? to? his obligations;
(4) a legal person or? any? other?
organization? as? one? of? the? parties
dissolves, and the party succeeding to its rights and obligations
has? not been determined; or
(5) other circumstances occur under which the?
people's? court? deems? the suspension of execution
necessary. Execution shall be resumed when the circumstances
warranting the suspension of execution have disappeared.
Article 235
The people's court shall make a written order to terminate
execution under any of the following circumstances:
(1) the applicant has withdrawn his application;
(2) the legal document on which the execution is based has been
revoked;
(3) the citizen subjected to execution dies and there is?
no? estate? that may be subjected to execution, nor
anyone to succeed to his obligations;
(4) the person entitled to claim alimony or support for elders
or children dies;
(5) the citizen subjected to execution is? too?
badly? off? to? repay? his debts, has no source
of income and has lost his ability to work as well; or
(6) other circumstances occur under which the?
people's? court? deems? the termination of execution
necessary.
Article 236
A written order to suspend or terminate execution shall become
effective immediately after being served on the parties
concerned.
PART FOUR SPECIAL PROVISIONS FOR CIVIL PROCEDURE OF
CASES INVO-LVINGN ELEMENT???
Chapter XXIV General Principles
???
Article 237
The provisions of this Part shall be applicable to civil
proceedings within the territory of the People's Republic of China
in regard to cases involving foreign element. Where it is not
covered by the provisions of this Part, other relevant provisions
of this Law shall apply.
Article 238
If an international? treaty? concluded? or?
acceded? to? by? the? People's Republic of
China contains provisions that differ from provisions of? this
Law, the provisions of the international treaty shall apply,
except? those on which China has made reservations.
Article 239
Civil actions 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 law
of? the People's Republic? of? China? and?
the? provisions? of? the? international
treaties concluded or acceded to by the People's Republic of
China.
Article 240
The people's court shall conduct trials of civil cases involving
foreign element in the spoken and written language commonly used in
the People's Republic of China. Translation may be provided
at? the? request? of? the parties concerned,
and the expenses shall be borne by them.
Article 241
When foreign nationals,? stateless? persons?
or? foreign? enterprises? and organizations need
lawyers as agents ad litem to bring an action or? enter
appearance on their behalf? in? the? people's?
court,? they? must? appoint lawyers of the People's
Republic of China.
Article 242
Any power of attorney mailed or forwarded by other means from
outside? the territory of the? People's?
Republic? of? China? by? a? foreign?
national, stateless person or a foreign enterprise? and?
organization? that? has? no domicile in the People's
Republic of China for the appointment of a lawyer or any other
person of the People's Republic of China as an agent ad litem must
be notarized by a notarial office in? the? country?
of? domicile? and authenticated by the Chinese?
embassy? or? consulate? accredited? to?
that country? or,? for? the? purpose?
of? verification,? must? go? through? the
formalities stipulated in the relevant bilateral?
treaties? between? China and that country before it
becomes effective.
Chapter XXV Jurisdiction
???
Article 243
In the case of an action concerning a contract dispute or?
other? disputes over property rights and interests, brought
against a defendant who has no domicile within the territory of the
People's Republic of? China,? if? the contract is
signed or performed? within? the? territory?
of? the? People's Republic of China, or if the object of
the action is? located? within? the territory of the
People's Republic of? China,? or? if? the?
defendant? has distrainable property within the territory
of? the? People's? Republic? of China, or if
the? defendant? has? its? representative?
office? within? the territory of the People's Republic of
China, the? people's? court? of? the
place where the contract is signed or performed, or where?
the? object? of the action is, or where the defendant's
distrainable property is? located, or where the torts
are? done,? or? where? the?
defendant's? representative office is located, shall have
jurisdiction.
Article 244
Parties to a dispute over a contract concluded? with?
foreign? element? or over property rights and interests
involving foreign element may,? through written agreement,
choose the court? of? the? place? which?
has? practical connections with the dispute to exercise
jurisdiction. If a people's court of the People's Republic of China
is chosen to exercise jurisdiction, the provisions of this Law on
jurisdiction by forum? level? and? on?
exclusive jurisdiction shall not be violated.
Article 245
If in a civil action in respect of a case involving foreign
element, the defendant raises no objection to the jurisdiction of a
people's court and responds to the action by making his defence, he
shall be deemed to have accepted that this people's court has
jurisdiction over the case.
Article 246
Actions brought on 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? fall 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 documents on? a?
party? who? has? no domicile within the territory of
the People's Republic? of? China? in? the
following ways:
(1) in the way? specified? in? the?
international? treaties? concluded? or acceded to by
both the People's Republic of China and? the?
country? where the person on whom service is to be made
resides;
(2) by making the service through diplomatic channels;
(3) with respect to the person on whom the service is to be
made? and? who is of the nationality of the People's
Republic of China,? service? may? be entrusted to
the embassy or consulate of the People's? Republic?
of? China accredited to the country where the person
resides;
(4) by making the service on the agent? ad?
litem? who? is? authorized? to receive the
documents served;
(5) by serving the documents on the representative office?
established? in the People's Republic of China by the person
on whom the service is to? be made or on his branch office or
business agents there who have? the? right to receive the
documents;
(6) by making service by mail if the law of the country where
the person on whom the service is to be made resides so permits; in
the event that the receipt of delivery is not returned six months
after the date on which the documents were mailed, and that
circumstances justify the assumption that service has been made,
the service shall be deemed completed upon the expiration of the
said time period; and
(7) by making service by public notice, if? none?
of? the? above-mentioned methods can be employed. The
service shall be deemed completed six months after the date on
which the public notice was issued.
Article 248
If a defendant has no domicile within the territory of the
People's Republic of China, the people's court shall serve a copy
of the statement of complaint on the defendant and notify him to
submit his defence within 30 days after he receives the copy of the
statement of complaint. Extension of the period requested by the
defendant shall be at the discretion of the people's court.
Article 249
If a party who has no? domicile? within?
the? territory? of? the? People's Republic of
China is not satisfied with a judgment or written? order?
made by a people's court of first instance, he shall have the right
to file? an appeal within 30 days from the date?
the? written? judgment? or? order? is
served. The appellee shall submit his defence within 30 days after
receipt of a copy of the appeal petition. If a party who?
is? unable? to? file? an appeal or submit
a? defence? within? the? period?
prescribed? by? the? law requests an extension of
the? period,? the? people's? court?
shall? decide whether to grant it.
???
Article 250
The period for the trials of civil cases involving foreign
element by the people's court shall not be restricted by the
provisions of Articles 135 and 159 of this Law.
Chapter XXVII Property Preservation
???
Article 251
The parties to an action may, in accordance with the provisions
of Article 92 of this Law, apply to the people's court for property
preservation. Interested parties may, in accordance with the
provisions of Article 93 of this Law, apply to the people's court
for property preservation before? an action is brought.
Article 252
After a people's court? makes? an? order?
granting? property? preservation before litigation, the
applicant shall bring an action within 30 days.? If he fails
to bring the action within the period, the people's?
court? shall cancel the property preservation.
Article 253
After the people's court makes an order granting property
preservation, if the party against whom the application is made
provides? a? guaranty,? the people's court shall
cancel the property preservation.
Article 254
If the application is wrongfully made, the applicant shall
compensate the party against whom the application is made for
losses incurred from the property preservation.
Article 255
If the property to be preserved by a people's court needs
supervision, the court shall notify the? unit?
concerned? to? be? responsible? for??
the supervision, and the party against whom the application is made
shall bear
the expenses.
Article 256
The order to cancel the preservation issued by a people's
court? shall? be carried out by an execution officer.
Chapter XXVIII Arbitration
???
Article 257
In the case of? a? dispute? arising?
from? the? foreign? economic,? trade, transport
or maritime activities of China, if? the? parties?
have? had? an arbitration clause in the contract?
concerned or have subsequently? reached a written arbitration
agreement stipulating the submission of the? dispute for
arbitration to an arbitral organ in the? People's?
Republic? of? China handling cases involving foreign
element, or to any other? arbitral? body, they may not
bring an action in a people's court. If the parties have? not
had? an? arbitration? clause? in?
the? contract? concerned? or? have??
not subsequently reached a written arbitration agreement,
they? may? bring? an action in a people's court.
Article 258
If a party has applied for property preservation?
measures,? the? arbitral organ of the People's Republic
of China handling cases? involving? foreign element
shall? refer? the? party's? application?
for? a? decision? to? the intermediate people's
court of the place where the party against whom? the
application is made has his domicile or where his property is
located.
Article 259
In a case in which an award has been made by? an?
arbitral? organ? of? the People's Republic of China
handling cases involving foreign? element,? the parties
may not bring an action in a people's court. If one party fails to
comply with the? arbitral? award,? the?
other? party? may? apply? for? its
enforcement to the intermediate people's court? of?
the? place? where? the
party against whom? the? application? for?
enforcement? is? made? has? his domicile or
where his property is located.
Article 260
A people's court shall, after examination and verification by
a? collegial panel of the court, make a written order not to
allow the? enforcement? of the award rendered by an
arbitral organ of the People's Republic of? China handling
cases involving foreign element, if the party? against?
whom? the application for enforcement is made furnishes proof
that:
(1) the parties have not had an arbitration clause in the
contract or have not subsequently reached a written arbitration
agreement;
(2) the party against whom the application for enforcement is
made was not given notice for the appointment of an arbitrator or
for the inception? of the arbitration proceedings or was
unable? to? present? his? case? due?
to causes for which he is not responsible;
(3) the composition of the? arbitration?
tribunal? or? the? procedure? for arbitration
was not in conformity with the rules of arbitration; or
(4) the matters dealt with by the award fall? outside?
the? scope? of? the arbitration agreement or which
the arbitral organ? was? not? empowered? to
arbitrate.
If the people's court determines that the enforcement of?
the? award? goes against the social and public interest
of the country, the people's? court shall make a written order
not to allow the enforcement? of? the? arbitral
award.
???
Article 261
If the enforcement of an arbitral award is disallowed by a?
written? order of a people's court,? the?
parties? may,? in? accordance? with?
a? written arbitration agreement reached between them, apply
for arbitration again; they may also bring an action 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 with
the principle of? reciprocity,? the people's courts of
China and foreign courts may make mutual? requests? for
assistance in? the? service? of? legal?
documents,? in? investigation? and collection of
evidence or in other litigation actions. The people's court shall
not render the assistance requested by a? foreign court, if it
impairs? the? sovereignty,? security? or?
social? and? public interest of the People's Republic of
China.
Article 263
The request for the providing of judicial? assistance?
shall? be? effected through channels provided?
in? the? international? treaties?
concluded? or acceded to by the People's Republic of?
China;? in? the? absence? of? such
treaties, they shall be effected through diplomatic channels. A
foreign embassy or consulate accredited? to? the?
People's? Republic? of China may serve documents on
its? citizens? and? make? investigations?
and collect evidence among them,? provided? that?
the? laws? of? the? People's Republic of China
are not violated and no compulsory measures are taken. Except for
the conditions provided 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? make investigations and collect evidence within the
territory of? the? People's Republic of China.
Article 264
The letter of request for judicial assistance and its
annexes? sent? by? a foreign court to a?
people's? court? shall? be? appended?
with? a? Chinese translation or a text in any other
language or languages specified in? the relevant international
treaties. The letter of request and its? annexes?
sent? to? a? foreign? court? by? a
people's? court? for? judicial?
assistance? shall? be? appended??
with?? a translation in the language of? that?
country? or? a? text? in? any? other
language or languages specified in the relevant international
treaties.
Article 265
The judicial assistance provided by the people's courts shall
be? rendered in accordance with the procedure prescribed by
the laws? of? the? People's Republic of China. If a
special form of judicial assistance? is? requested by a
foreign court, it may also be rendered,? provided?
that? the? special form requested does not contradict the
laws of the? People's? Republic? of
China.
???
Article 266
If a party applies for enforcement of? a?
legally? effective? judgment? or written order made
by a people's court, and? the? opposite? party?
or? his property is not within the territory of the
People's? Republic? of? China, the applicant may
directly apply for recognition and? enforcement? to?
the foreign court which has jurisdiction. The? people's?
court? may? also,? in accordance with the
relevant? provisions? of? the?
international? treaties concluded or acceded to by China, or
with the? principle? of? reciprocity, request
recognition and enforcement by the foreign court. If a party
applies for enforcement of a legally effective? arbitral?
award made by an arbitral organ in the People's Republic of China
handling cases involving foreign element and the opposite party or
his? property? is? not within the territory of the
People's Republic of China,? he? may? directly apply
for recognition and enforcement of the award to? the?
foreign? court which has jurisdiction.
Article 267
If a legally effective judgment or written 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 for? recognition and
enforcement? to? the? intermediate?
people's? court? of? the? People's Republic of
China which has jurisdiction. The foreign court may?
also,? in
accordance with the provisions of the international treaties
concluded? or acceded to by that foreign country and the
People's Republic of? China? or with the principle of
reciprocity, request recognition and enforcement? by a
people's court.
???
Article 268
In the case of an application or request for recognition?
and? enforcement of a legally effective judgment or written
order of a foreign? court,? the people's?
court? shall,? after? examining? it?
in? accordance?? with?? the international
treaties concluded or acceded to by the People's Republic of China
or with the principle of reciprocity and arriving at the?
conclusion that it does not contradict? the? basic?
principles? of? the? law? of? the People's
Republic of China nor violates State? sovereignty,?
security? and social and public interest of the country,
recognize the validity? of? the judgment or written
order, and, if required, issue a writ of execution? to
enforce it in accordance with the relevant provisions of this Law;
if? the application or request contradicts the basic
principles of the law of? the People's Republic of China or
violates? State? sovereignty,? security? and
social and public interest of the country, the people's?
court? shall? not recognize and enforce it.
Article 269
If an award made by a foreign arbitral organ 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
of the place where the party subjected to enforcement?
has? his? domicile? or where his property is
located. The people's? court? shall? deal?
with? the matter in accordance with the international treaties
concluded or? acceded to by the People's Republic of China or
with the principle of reciprocity.
Article 270
This Law shall come into force as of the date? of?
promulgation,? and? the Civil? Procedure?
Law? of? the? People's? Republic? of?
China? (for? Trial
Implementation) shall be abrogated simultaneously.
Source: China.org.cn