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中华人民共和国民事诉讼法(英文版)(上)

 

  CIVIL PROCEDURE LAW OF THE PEOPLE S REPUBLIC OF CHINA
  (Adopted 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 LEVEL
  SECTION 2 TERRITORIAL JURISDICTION
  SECTION 3 REFERRAL AND DESIGNATION OF JURISDICTION
  CHAPTER III TRIAL ORGANIZATION
  CHAPTER IV WITHDRAWAL
  CHAPTER V PARTICIPANTS IN PROCEEDINGS
  SECTION 1 PARTIES
  SECTION 2 AGENTS AD LITEM
  CHAPTER VI EVIDENCE
  CHAPTER VII TIME PERIODS AND SERVICE
  SECTION 1 TIME PERIODS
  SECTION 2 SERVICE
  CHAPTER VIII CONCILIATION
  CHAPTER IX PROPERTY PRESERVATION AND PRELIMINARY EXECUTION
  CHAPTER X COMPULSORY MEASURES AGAINST IMPAIRMENT OF CIVIL ACTIONS
  CHAPTER XI LITIGATION COSTS
  PART TWO TRIAL PROCEDURE
  CHAPTER XII ORDINARY PROCEDURE OF FIRST INSTANCE
  SECTION 1 BRINGING A SUIT AND ACCEPTING A CASE
  SECTION 2 PREPARATIONS FOR TRIAL
  SECTION 3 TRIAL IN COURT
  SECTION 4 SUSPENSION AND CONCLUSION OF A LAWSUIT
  SECTION 5 JUDGMENT AND ORDER
  CHAPTER XIII SUMMARY PROCEDURE
  CHAPTER XIV PROCEDURE OF SECOND INSTANCE
  CHAPTER XV SPECIAL PROCEDURE
  SECTION 1 GENERAL STIPULATIONS
  SECTION 2 CASES CONCERNING CREDENTIALS OF VOTERS
  SECTION 3 CASES CONCERNING THE PROCLAMATION OF A PERSON AS MISSING OR DEAD
  SECTION 4 CASES CONCERNING THE DETERMINATION OF A CITIZEN AS INCOMPETENT OR WITH LIMITED CAPACITY FOR CIVIL CONDUCT
  SECTION 5 CASES CONCERNING THE DETERMINATION OF A PROPERTY AS OWNERLESS
  CHAPTER XVI PROCEDURE FOR TRIAL SUPERVISION
  CHAPTER XVII SUMMARY PROCEDURE FOR RECOVERING A DEBT
  CHAPTER XVIII PROCEDURE FOR PUBLIC INVITATION TO ASSERT CLAIMS
  CHAPTER XIX PROCEDURE FOR THE BANKRUPTCY REPAYMENT OF ENTERPRISES AS LEGAL PERSONS
  PART THREE PROCEDURE OF EXECUTION
  CHAPTER XX GENERAL STIPULATIONS
  CHAPTER XXI APPLICATION FOR AND REFERRAL OF EXECUTION
  CHAPTER XXII EXECUTION MEASURES
  CHAPTER XXIII SUSPENSION AND CONCLUSION OF EXECUTION
  PART FOUR SPECIAL STIPULATIONS FOR CIVIL PROCEDURES INVOLVING FOREIGN INTERESTS
  CHAPTER XXIV GENERAL PRINCIPLES
  CHAPTER XXV JURISDICTION
  CHAPTER XXVI SERVICE AND TIME PERIODS
  CHAPTER XXVII PROPERTY PRESERVATION
  CHAPTER XXVIII ARBITRATION
  CHAPTER XXIX JUDICIAL ASSISTANCE
  PART ONE GENERAL PROVISIONS
  CHAPTER I THE AIM, SCOPE OF REGULATION AND BASIS 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 trying civil cases.
  Article 2. The aim of the Civil Procedure Law of the People s Republic of China is to protect the exercise of the litigation rights of the parties, ensure that the people s courts ascertain facts, distinguish right from wrong, apply the law correctly, try civil cases promptly, affirm the rights and obligations in civil affairs, 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. The provisions of this Law shall be applicable to civil lawsuits concerning disputes over the status of property and persons among citizens, legal persons or other organizations respectively and mutually between citizens, legal persons and other organizations.
  Article 4. All those who engage in civil lawsuits within the territory of the People s Republic of China must abide by this Law.
  Article 5. Foreign nationals, stateless persons, foreign enterprises and organizations that institute or respond to prosecutions 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.
  Should the courts of a foreign country impose restrictions on the civil litigation rights of the citizens, legal persons and other organizations of the People s Republic of China, the people s courts of the People s Republic of China shall follow the principle of reciprocity regarding the civil litigation rights of the citizens, enterprises and organizations of that foreign country.
  Article 6. The people s courts shall exercise the judicial authority with respect to civil cases.
  The people s courts shall try civil cases independently in accordance with the law, and shall not be subject to interference by an administrative organ, public organization or individual.
  Article 7. In conducting civil proceedings, the people s courts must base themselves on facts and take the law as the criterion.
  Article 8. The parties to a civil lawsuit shall have equal litigation rights. The people s courts shall, in conducting civil proceedings, guarantee and faciliate the exercise of litigation rights by the parties, and apply the law equally to the parties.
  Article 9. In conducting civil proceedings, the people s courts shall carry out conciliation in accordance with the principles of voluntariness and lawfulness; if conciliation efforts are ineffective, they shall render judgments without delay.
  Article 10. In handing civil cases, the people s courts shall, as provided for by law, apply the systems of collegial panel, withdrawal of judicial personnel, public trial, and the system whereby the second hearing is final.
  Article 11. Citizens of all nationalities shall have the right to use their native spoken and written languages in civil proceedings.
  Where people of a minority nationality live in a concentrated community or where a number of nationalities live together in one area, the people s courts shall conduct hearings and issue legal documents in the spoken and written languages commonly used by the local nationalities.
  The people s courts shall provide translations for any participant in the court proceedings who is not familiar with the spoken or written languages commonly used by the local nationalities.
  Article 12. In the trial of civil cases by the people s court, the parties shall have the right to engage in argument.
  Article 13. The parties to a civil lawsuit shall be entitled, within the scope stipulated by law, to dispose of their rights in civil affairs and their litigation rights.
  Article 14. The people s procuratorates shall have the right to exercise legal supervision over the civil proceedings.
  Article 15. If the civil rights and interests of the state, a collective or an individual have been infringed, a state organ, public organization, enterprise or institution may support the injured unit or individual to initiate legal action in a people s court.
  Article 16. The people s conciliation committees shall be mass organizations to conciliate civil disputes, which are to function under the guidance of the grass-roots people s governments and the basic people s courts.
  A people s conciliation committee shall conduct conciliation in accordance with legal provisions and the principle of voluntariness. The parties concerned shall execute the agreement reached in conciliation: those who refuse a conciliation or those for whom a conciliation has failed or those who have retracted from a conciliation agreement may initiate legal proceedings in a people s court.
  If a people s conciliation committee violates the law in conciliating civil disputes, a people s court shall make corrections.
  Article 17. The people s congresses of the national autonomous areas may formulate adoptive or supplementary provisions in accordance with the principles of the Constitution and this Law and with the specific circumstances of the local nationalities. Such provisions made by an autonomous region shall be submitted to the Standing Committee of the National People s Congress for approval. The provisions made by an autonomous prefecture or autonomous county shall be submitted to the standing committee of the people s congress of the relevant autonomous region or province for approval and to the Standing Committee of the National People s Congress for the record.
  CHAPTER II JURISDICTION
  SECTION 1 JURISDICTION BY LEVEL
  Article 18. The basic people s courts shall have jurisdiction as courts of first instance over civil cases, unless otherwise stipulated 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 interests;
  (2) cases that have major impact on the area under their jurisdiction; and
  (3) cases under the jurisdiction of the intermediate people s courts as determined by the Supreme People s Court.
  Article 20. The higher people s courts shall have jurisdiction as courts of first instance over civil cases that have major impact on the areas under their jurisdiction.
  Article 21. The Supreme People s Court shall have jurisdiction as the court of first instance over the following civil cases:
  (1) cases that have major impact on the whole country; and
  (2) cases that the Supreme People s Court deems it should try.
  SECTION 2 TERRITORIAL JURISDICTION
  Article 22. A civil lawsuit brought against a citizen shall be under the jurisdiction of the people s court in the place where the defendant has his domicile; if the defendant s domicile is different from his habitual residence, the lawsuit shall be under the jurisdiction of the people s court in the place of his habitual residence.
  A civil lawsuit brought by a serviceman against a civilian shall be under the jurisdiction of the people s court in the place where the defendant has his domicile.
  A civil lawsuit brought against a legal person or any other organization shall be under the jurisdiction of the people s court in the place where the defendant has its domicile.
  Where the domiciles or habitual residences of several defendants in the same lawsuit are in the areas under the jurisdiction of two or more people s courts, all of those people s courts shall have jurisdiction over the lawsuit.
  Article 23. The civil lawsuits described below shall be under the jurisdiction of the people s court in the place where the plaintiff has his domicile; if the plaintiff s domicile is different from his habitual residence, the lawsuit shall be under the jurisdiction of the people court in the place of the plaintiff s habitual residence. The relevant lawsuits are:
  (1) those brought by civilians against servicemen;
  (2) those concerning the status of persons not residing within the territory of the People s Republic of China;
  (3) those concerning the status of persons whose whereabouts have been unknown or who have been declared as missing.
  (4) those against persons who are undergoing rehabilitation through labour; and
  (5) those against persons who are undergoing imprisonment.
  Article 24. A lawsuit initiated for a contract dispute shall be under the jurisdiction of the people s court in the place where the defendant has his domicile or where the contract is performed.
  Article 25. The parties to a contract may choose through agreement stipulated in the written contract the people s court in the place where the defendant has his 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 have jurisdiction over the case, provided that the provisions of this Law regarding jurisdiction by level and exclusive jurisdiction shall not be violated.
  Article 26. A lawsuit initiated for an insurance contract dispute shall be under the jurisdiction of the people s court in the place where the defendant has his domicile or where the insured object is located.
  Article 27. A lawsuit initiated for a bill dispute shall be under the jurisdiction of the people s court in the place where the bill is paid or where the defendant has his domicile.
  Article 28. A lawsuit initiated for a dispute over railway, highway, water, or air transport or through transport contract shall be under the jurisdiction of the people s court in the place where the transport started or ended or where the defendant has his domicile.
  Article 29. A lawsuit initiated for an infringing act shall be under the jurisdiction of the people s court in the place where the infringing act took place or where the defendant has his domicile.
  Article 30. A lawsuit concerning claims for damages caused by a railway, highway, water or aviation accident shall be under the jurisdiction of the people s court in the place where the accident took place or where the vehicle or ship first arrived after the accident or where the aircraft first landed after the accident, or where the dependent has his domicile.
  Article 31. A lawsuit initiated for damages caused by a ship collision or any other maritime accident shall be under the jurisdiction of the people s court in the place where the collision took place or where the collision ship first docked after the accident or where the ship at fault was detained, or where the defendant has his domicile.
  Article 32. A lawsuit initiated for maritime salvage shall be under the jurisdiction of the people s court in the place where the salvage took place or where the salvaged vessel first docked after the disaster.
  Article 33. A lawsuit initiated for general average shall be under the jurisdiction of the people s court in the place where the ship first docked after the general average took place or the adjustment thereof 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 initiated for real estate shall be under the jurisdiction of the people s court in the place where the estate is located;
  (2) A lawsuit concerning harbour operations shall be under the jurisdiction of the people s court in the place where the harbour is located; and
  (3) A lawsuit concerning an inheritance shall be under the jurisdiction of the people s court in 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, it shall be handled by the people s courts that first files the case.
  SECTION 3 REFERRAL AND DESIGNATION OF JURISDICTION
  Article 36. If a people s court discovers that a case it has accepted is not under its jurisdiction, it shall refer the case to the people s court that does have jurisdiction over the case. The people s court to which a case has been referred shall accept the case, and if it considers that, according to relevant regulations, the case referred is not under its jurisdiction, it shall report to a superior people s court for the designation of jurisdiction and shall not independently refer it 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 the jurisdiction.
  In the event of a jurisdictional dispute between various people s courts, it shall be resolved by the disputing parties through consultation; if the dispute cannot be resolved through consultation, it shall be reported to a people s court superior to both disputing parties for the designation of jurisdiction.
  Article 38. Should any party hold an objection to the jurisdiction of a case after its acceptance by a people s court, the party shall raise the objection during the term for filing the bill of defence. The people s court shall examine such objection. If the objection is tenable, the people s court shall order that the case be transferred to the people s court that does have jurisdiction over the case; if the objection is untenable, the people s court shall order to turn it down.
  Article 39. People s courts at higher levels shall have the authority to try civil cases over which people s courts at lower levels have jurisdiction as courts of first instance; 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 deems it necessary for a civil case of first instance under its jurisdiction to be tried by a people s court at a higher level, it may request such a people s court to try the case.
  CHAPTER III TRIAL ORGANIZATION
  Article 40. Civil cases of first instance shall be tried in a people s court by a collegial panel consisting of both judges and assessors or of judges alone. The collegial panel must have an odd number of members.
  Civil cases to which summary procedure is applied shall be tried by a single judge alone.
  When carrying out their duties as assessors, the assessors shall have equal rights and obligations with the judges.
  Article 41. Civil cases of second instance shall be tried in a people s court by a collegial panel of judges. The collegial panel must have an odd number of members.
  When retrying a case remanded by a people s court of second instance, 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 removed to a people s court at a higher level for trial, a new collegial panel shall be formed according to the procedure of second instance.
  Article 42. The president of the court or the chief judge of a division shall designate a judge to serve as the presiding judge of the collegial panel; if the president or the chief judge participates in trial, he himself shall serve as the presiding judge.
  Article 43. When deliberating a case, a collegial panel shall observe the principle that the minority shall defer to the majority. The deliberations shall be recorded in writing, and the transcript shall be signed by the members of the collegial panel. Diverging opinions in the deliberations must be truthfully entered in the transcript.
  Article 44. The judicial personnel shall handle the case impartially and in accordance with the law.
  The judicial personnel shall not accept a treat or gift of the parties of their agents ad litem.
  Any judicial personnel who commits embezzlement, accepts bribes, practices malpractice for personal benefits or perverts the law in making judgment shall be pursued for legal responsibility; if a crime is constituted, the offender shall be investigated for criminal responsibility according to law.
  CHAPTER IV WITHDRAWAL
  Article 45. A member of the judicial personnel in any of the following circumstances must withdraw, and the parties to the case shall also have the right to request, orally or in writing, that he withdraw.
  The relevant circumstances are:
  (1) he is a party or a near relative of a party to the case or a near relative of an agent ad litem in the case;
  (2) he has a personal interest in the case; or
  (3) he has some other relationship with a party to the case that could influence the impartial handling of the case.
  The above provisions shall also apply to clerks, interpreters, expert witnesses and inspectors.
  Article 46. When a party requests the withdrawal of a member of the judicial personnel, he shall explain the reason for this request and submit the request at the beginning of the proceedings; the request may also be submitted before the end of court debate if the reason for the withdrawal becomes known only after the beginning of the proceedings.
  Pending a decision on withdrawal by the people s court, personnel who has been requested to withdraw shall temporarily suspend his participation in the proceedings of the case, but with the exception of cases that require the adoption of emergency measures.
  Article 47. The withdrawal of a court president who serves as the presiding judge shall be decided by the judicial committee; the withdrawal of judicial personnel shall be decided by the court president; the withdrawal of other personnel shall be decided by the presiding judge.
  Article 48. The decision of a people s court on a request for withdrawal shall be made orally or in writing within three days after the request was made. If a party is not satisfied with the decision, it may apply for reconsideration which could be granted only once. During the period of reconsideration, personnel who has been requested to withdraw shall not suspend his participation in the proceedings. The decision of a people s court on an application for reconsideration shall be made within three days after receiving the application and the person who has made the application for reconsideration shall be notified of the decision.
  CHAPTER V PARTICIPANTS IN PROCEEDINGS
  SECTION 1 PARTIES
  Article 49. Any citizen, legal person or any other organization may become a party to a civil lawsuit.
  Legal persons shall be represented by their legal representatives in litigation. Other organizations shall be represented by their principal leading personnel in litigation.
  Article 50. The parties shall have the right to appoint agents, request withdrawals, collect and provide evidence, engage in debate, request conciliation, file an appeal and apply for execution.
  The parties may consult the materials relating to the court proceedings of the case and copy the materials and other legal documents pertaining to the case. However, materials involving state secrets, trade secrets or the private affairs of individuals shall be exceptions.
  The parties must exercise their litigation rights in accordance with the law, observe litigation procedures and carry out legally effective written judgments or orders and conciliation statements.
  Article 51. The two parties may reach a compromise on their own.
  Article 52. The plaintiff may relinquish or modify his claim. The defendant may confirm or repudiate the claim and shall have the right to file a counterclaim.
  Article 53. When one party or both parties consist of two or more persons, the object of action is the same or of the same category and the people s court considers that, subject to the consent of the parties, the lawsuit can be tried together, a joint lawsuit shall be constituted.
  If the individuals constituting a party to a joint lawsuit have common rights and obligations with respect to the object of action and the act of litigation of one person is recognized by the others of his party, such act shall be effective for all the other members of his party; if the individuals in one party do not have common rights and obligations with respect to the object of action, then the act of litigation of one person shall have no effect on the others of his party.
  Article 54. A joint lawsuit in which one party is numerous may be brought by representatives selected by and from the party. The act of litigation of such representatives shall be effective for all members of the party they represent. However, confirmation, modification or waiver of claims of action or confirmation of the claims of the other party or institution of a compromise by the representatives shall be subject to the approval of the party they represent.
  Article 55. With respect to a case in which the object of action is of the same category and one party is numerous and of an uncertain number upon institution of the lawsuit, the people s court may issue a public notice, stating the particulars and claims of the case and informing claimants to file at the people s court within a fixed period of time.
  Claimants who have filed at the people s court may select representatives from among themselves to engage in litigation; if such representatives cannot be created through selection, they may be decided by the people s court through negotiation with the claimants who have filed at the court. The act of litigation of such representatives shall be effective for the party they represent. However, modification or waiver of claims of action or confirmation of the claims of the other party or institution of a compromise by the representatives shall be subject to the approval of the party they represent.
  The judgments or orders rendered by the people s court shall be effective for all the claimants who have filed at the court. The same judgments or orders shall be binding on the claimants who have not filed at the court but instituted legal proceedings during the limitation of action.
  Article 56. If a third party considers that it has an independent claim to the object of action of both parties, it shall have the right to bring an action.
  If a third party has no independent claim to the object of action of both parties, however, the outcome of the case will affect its interest legally, it may file a request to participate in the proceedings or the people s court shall notify it to participate. A third party that is to bear civil liability as judged by the people s court shall have the litigation rights of a party.
  SECTION 2 AGENTS AD LITEM
  Article 57. Any person with no capacity to engage in litigation shall have his guardians as agents ad litem to represent him in a lawsuit. If the agents ad litem try to shift their responsibilities as agents ad litem onto one another, the people s court shall appoint one of them to represent the principal in litigation.
  Article 58. Each party or legal representative may appoint one or two persons to act as his agents at litem.
  A party s near relative, a lawyer, a person recommended by a relevant public organization or the unit to which a party belongs or any other citizen approved by the people s court may be entrusted as the party s agent ad litem.
  Article 59. When a person entrusts another to act on his 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 matter and limits of authority entrusted. An agent ad litem must possess special authorization from his principal to confirm, relinquish or modify the claim or to institute a compromise or file a counterclaim or an appeal.
  A power of attorney mailed or delivered care of others by a citizen of the People s Republic of China residing abroad must be certified by the Chinese embassy or consulate in that country. If there is no Chinese embassy or consulate in that country, the power of attorney must be certified by an embassy or a consulate of a third state that has diplomatic relations with the People s Republic of China stationed in the country, and then transferred for verification to the embassy or consulate of the People s Republic of China stationed in that third state, or by a local patriotic overseas Chinese organization.
  Article 60. A party shall inform the people s court in writing if it changes or revokes the authority 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 shall have the right to investigate and collect evidence, and may consult materials pertaining to the case in accordance with relevant regulations. However, if such materials involve state secrets, trade secrets or the private affairs of individuals, he must keep the confidential information from the parties concerned and others.
  Other agents ad litem shall have the right to investigate and collect evidence and may also consult the materials pertaining to the court proceedings of the case, except those that involve state secrets, trade secrets, or the private affairs of individuals.
  Article 62. The parties to a divorce case which has been entrusted to agents ad litem shall also appear in court in person, unless they are incapable of presenting their own case. A party who is truly unable to appear in court due to a special reason shall submit his or hear opinion 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 reference material;
  (4) testimony of witnesses;
  (5) statements of the parties;
  (6) expert conclusions; and
  (7) records of inquests.
  Any of the above-mentioned evidence must be verified before it can be taken as a basis for ascertaining a fact.
  Article 64. A party shall have the responsibility to provide evidence in support of its own propositions.
  With respect to the evidence that the party and its agent ad litem are unable to obtain themselves because of objective reasons or that the people s court considers necessary for the trial of the case, the people s court shall investigate and collect it on its own initiative.
  The people s court shall, in accordance with the procedure prescribed by law, collect and examine evidence comprehensively and objectively.
  Article 65. The people s court shall have the authority to obtain evidence from the relevant units or individuals, and such units or individuals may not refuse to provide evidence.
  The people s court shall verify and determine the validity of documentary evidence provided by relevant units or individuals.
  Article 66. Evidence shall be presented in the court and cross- examined by the parties, however, evidence that involves state secrets, trade secrets or the private affairs of individuals shall not be presented in an open court session.
  Article 67. The people s court shall take the legal acts, legal facts and documents notarized according to legal procedures as basis for ascertaining facts, except when there is contrary evidence sufficient to invalidate the notarial certification.
  Article 68. Any document submitted as evidence shall be the original one. Material evidence shall also be original. If it is truly difficult to present the original document or material, then reproductions, photographs, duplicates or extracts of the original may be submitted.
  If a document in a foreign language is submitted as evidence, a Chinese translation must be appended.
  Article 69. The people s court shall verify audio-visual materials and determine after examination whether they can be taken as a basis for ascertaining the facts.
  Article 70. All units and individuals who have information about a case shall have the obligation to give testimony in court. Responsible persons of relevant units shall encourage the witnesses to give testimony. When it would be truly difficult for a witness to appear in court, he may, with the approval of the people s court, submit a written testimony.
  Any person who is unable to express his will properly shall not testify.
  Article 71. The people s court shall examine the statements of the parties in connection with the 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 a statement shall not prevent the people s court from ascertaining the facts of a case on the basis of other evidence.
  Article 72. when the people s court deems it necessary to make an evaluation of a specialized problem, it shall refer the problem to an authentication department authorized by law for the evaluation. In the absence of such department, the people s court shall appoint an authentication department to make the evaluation.
  The authentication department and the expert witness designated by the department shall have the right to consult the case materials necessary for the evaluation and direct inquiries to the parties and witnesses when circumstances require.
  The authentication department and expert witness shall present a written conclusion of the evaluation and affix his seal or signature to it. With respect to an evaluation made by an expert witness, the unit to which the expert witness belong shall certify his status by affixing its seal to the expert conclusion.
  Article 73. When inspecting material evidence or a site, the inspector must show his credentials issued by a people s court. He shall request a local grassroots organization or the unit concerned to send persons to participate in the inquest. The party concerned or an adult member of his family shall be present; their refusal to appear on the scene shall not prevent the inquest from proceeding.
  Upon notification by the people s court, the relevant units and individuals shall have the obligation to preserve the site and assist in the inquest.
  The inspector shall prepare a written record of the circumstances and results of the inquest. The inspector, the party concerned and the requested participants shall affix their signatures or seals to the record.
  Article 74. Under circumstances where there is a likelihood that evidence may be destroyed or lost or difficult to obtain later on, the participants in proceedings may apply to the people s court for the evidence to be preserved. The people s court may also 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 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 traveling time. A litigation document that is mailed before a deadline shall not be regarded as overdue.
  Article 76. If a party fails to meet a deadline due to force majeure or for other justified reasons, he may apply for an extension of the time limit within 10 days after the obstacle is removed. The requested extension 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 signature or seal of the recipient of the service and the date of receipt.
  The date of receipt as signed by the recipient of the service shall be regarded as the date the document is served.
  Article 78. Litigation documents shall be served directly on the recipient of the service. If the recipient of the service is a citizen, the documents shall, in the case of his absence, be receipted by an adult member of his family living with him. If the recipient of the service is a legal person or any other organization, the document shall be receipted by the legal representatives of the legal person or the principle leading personnel of any other organization or the personnel of the legal person or any other organization in charge of receiving such documents; If the recipient of the service has an agent ad litem, the documents may be receipted by the agent ad litem. If the recipient of the service has designated an agent to receive his litigation documents and has informed the people s court of it, the documents may be receipted by the agent.
  The date of receipt as signed by the adult family member living with the recipient of service, or persons in charge of receiving documents of legal persons or other organizations, or agents ad litem, or agents designated to receive his documents shall be regarded as the date the document is served.
  Article 79. If the recipient of the service of a litigation document or the adult family member living with him refuses to accept a legal document, the person serving the document shall ask representatives from the relevant grassroots organization or the unit to which the recipient of the service belongs to appear on the scene, explain the situation to them, and record on the receipt the particulars of the refusal and the date of it. After the person serving the document and the witnesses have affixed their signatures or seals to the receipt, the document shall be left at the place where the recipient of the service stays and the service shall be considered completed.
  Article 80. If direct service of a litigation document proves difficult, service of the document may be entrusted to another people s court, or it may be served by post. If a document is served by post, the date as stated on the receipt shall be regarded as the date the document is served.
  Article 81. If the recipient of the service is in the military, the document shall be forwarded to him by the political organ at or above the regimental level in the unit to which he belongs.
  Article 82. If the recipient of the service is undergoing imprisonment, the document shall be forwarded to him by the prison or unit of reform through labour where he is serving his term.
  If the recipient of the service is undergoing rehabilitation through labour, the document shall be forwarded to him by the unit supervising his rehabilitation through labour.
  Article 83. Any organization or unit that receives a litigation document to be forwarded must immediately deliver it to the recipient of the service for a receipt. The date as stated on the receipt shall be regarded as the date the document is served.
  Article 84. If the whereabouts of a recipient of the service is unknown, or if a document cannot be served by the other methods mentioned in this section, the document shall be served by public announcement. Sixty days after the date of the public announcement, the document shall be deemed to have been served.
  The reasons for service by public announcement and the procedures taken shall be recorded in the case files.
  CHAPTER VIII CONCILIATION
  Article 85. In handling civil cases, the people s court shall distinguish between right and wrong and conduct conciliation on the basis of the principle of voluntariness of the parties and evident facts.
  Article 86. When a people s court conducts a conciliation, a single judge or a collegial panel may preside. Conciliations shall be conducted locally whenever possible.
  When a people s court conducts a conciliation, it may employ simplified methods to notify the parties and witnesses to appear in court.
  Article 87. When a people s court conducts a conciliation, it may request the assistance of units or individuals concerned. The requested units or individuals shall assist the people s court in conducting the conciliation.
  Article 88. A conciliation agreement must be based on voluntariness of both parties, and shall not be reached through compulsion. The content of the conciliation agreement may not contravene the law.
  Article 89. When a conciliation agreement is reached, the people s court shall draw up a conciliation statement. A conciliation statement shall clearly set forth the claims of the action, the facts about the case, and the result of the conciliation.
  The conciliation statement shall be signed by the judge and the court clerk, sealed by the people s court, and served on both parties.
  Once the conciliation statement is receipted and signed by both parties, it shall become legally effective.
  Article 90. The people s court need not draw up a conciliation statement for the following cases when an agreement is reached through conciliation:
  (1) cases of divorce in which both parties have become reconciled after conciliation;
  (2) cases in which adoptive relationship has been maintained through conciliation;
  (3) cases in which the claims can be immediately satisfied; and
  (4) other cases that do not require conciliation statements.
  Any agreement that does not require a conciliation statement shall be entered into the written record and shall become legally effective after being signed or sealed by both parties, the judge and the court clerk.
  Article 91. If no agreement is reached through conciliation or if one party retracts from his consent before the conciliation statement is served, the people s court shall render a judgment without delay.
  CHAPTER IX PROPERTY PRESERVATION AND PRELIMINARY EXECUTION
  Article 92. If it becomes impossible or difficult to execute a judgment because of the acts of one of the parties or for other reasons, the people s court may, at the request of the other party, order that property preservation be adopted. In the absence of such request, the people s court may, when necessary, also order to adopt property preservation measures.
  When a people s court has decided to adopt property preservation, it may instruct the applicant to provide a surety; if the applicant fails to do so, his application shall be rejected.
  After receiving a party s application, if the case is urgent, the people s court must make an order within 48 hours concerning property preservation; if property preservation is granted by an order, implementation thereof shall begin immediately.
  Article 93. Any interested party whose lawful rights and interests, due to urgent circumstances, would suffer unremediable harms without immediately applying for property preservation, may, before filing the lawsuit, apply to the people s court for the adoption of property preservation measures. The applicant shall provide a surety; if the applicant fails to do so, his application shall be rejected.
  After receiving a party s application, the people s court must make an order within 48 hours concerning property preservation; if property preservation is granted by an order, the implementation thereof shall begin immediately. If the applicant fails to bring an action within 15 days after the people s court has adopted the preservation measures, the people s court shall cancel the property preservation.
  Article 94. Property preservation shall be limited to the scope of the claim or to the property relevant to the case.
  Property preservation shall be carried out by sealing up,. distraining, freezing or other methods as prescribed by law.
  should the people s court freeze a property, it shall notify the person against whom the application is made.
  Property that has already been sealed up or freezed shall not be sealed up or freezed again.
  Article 95. If the applicant against whom the application is made provides a surety, the people s court shall cancel the property preservition.
  Article 96. If the application is wrongfully made, the applicant shall compensate the person against whom the application is made for any loss incurred from property preservation.
  Article 97. The people s court may, at the request of the parties concerned, order preliminary execution in respect to the following cases:
  (1) those involving claims for alimony, support for children or elders, pension for the disabled or the family of a decedent, or expenses for medical care;
  (2) those involving claims for remuneration for labour; and
  (3) those involving urgent circumstances that require preliminary execution.
  Article 98. Cases in which preliminary execution is ordered by the people s court shall meet the following conditions:
  (1) the relationship of rights and obligations between the parties is definite, and denial of preliminary execution would seriously affect the life or business of the applicant; and
  (2) the person against whom the application is made is capable of fulfilling the obligations involved in the preliminary execution.
  The people s court may instruct the applicant to provide a surety; 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 preliminary execution.
  Article 99. If a party is not satisfied with the order on property preservation or preliminary execution, it may apply for reconsideration which could be granted only one. Implementation of the order shall not be suspended during the time of reconsideration.
  CHAPTER X COMPULSORY MEASURES AGAINST IMPAIRMENT OF CIVIL ACTIONS
  Article 100. If a defendant is required to appear in court, but, having been served twice with subpoena, still refuses to do so without justified reason, the people s court may summon him to court by a warrant.
  Article 101. Participants in proceedings and other persons shall abide by the court rules.
  Should any person violate the court rules, the people s court may reprimand him and order him to leave the court, or impose a fine or detention on him.
  With respect to any person who seriously disrupts the court procedure by making an uproar in the court or assaulting the courtroom, or insulting, slandering, threatening, or beating the judicial personnel, the people s court shall investigate for criminal responsibility according to law; if the circumstances are minor, a fine or detention may be imposed on the offender.
  Article 102. If a participant in the proceedings or any other person commits any of the following acts, the people s court shall, in accordance with the law, investigate for criminal responsibility; if the circumstances are minor and do not constitute a crime, the offender shall be fined or detained:
  (1) forging or destroying significant evidence, which would obstruct the trial of a case by the people s court;
  (2) using violence, threats or subornation to hinder 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 that has been made an inventory of and has been put under his care according to instruction, or transferring the property that has been freezed;
  (4) insulting, slandering, incriminating with false charges, beating up or retaliating against judicial personnel, participants in proceedings, witnesses, interpreters, experts, inspectors, or personnel assisting in execution; or
  (5) using violence, threats or other means to hinder judicial personnel from performing their duties; or
  (6) refusing to comply with the legally effective judgments or orders of the people s court.
  Article 103. With respect to a unit under an obligation to assist in investigation and execution that commits any of the following acts, the people s court may, apart from instructing it to perform its obligation to assist, also impose a fine:
  (1) refusing or obstructing, by units concerned, investigations and collection of evidence made by the people s court;
  (2) after receiving a notification on assistance in execution from the people s court, refusing by banks, credit cooperatives or other units dealing with savings deposits to assist in inquiring, freezing or transferring relevant deposit.
  (3) after receiving a notification on assistance in execution from the people s court, refusing by units concerned to assist in withholding the income of the party subject to execution, handling formalities for transferring relevant certificates and passing on relevant negotiable instrument, certificates, or other property; or
  (4) refusing to provide other orbligatory assistance in execution.
  With respect to a unit that commits any of the acts specified in the preceding paragraph, the people s court may impose a fine on the principal leading personnel of the unit or the person directly responsible. The people s court may also put forward a proposal on the imposition of disciplinary sanctions to the supervisory organ and organs concerned.
  Article 104. A fine on an individual shall be not more than Renminbi, 1, 000 yuan. A fine on a unit shall be not less than Renminbi 1,000 yuan and not more than Renminbi 30,000 yuan.
  A detention period shall be not 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 grant the detained person an early release if he admits and corrects his wrongdoing.
  Article 105. Imposition of summons by warrant, fine or detention shall be subject to approval of the president of a people s court. Warrants shall be issued for carrying out summonses by warrant.
  Letters of decision shall be issued for fines and detentions. If an offender is not satisfied with the decision, he may apply to a people s court at a higher level for reconsideration that could be granted only once. The execution of the decision shall not be suspended during the time of reconsideration.
  Article 106. Decision on the adoption of compulsory measures against impairment of civil actions shall be made by the people s court. Any unit or individual that extorts a debt by illegitimate detention of a person or illegal distrainment of a property shall be *investigated for criminal responsibility according to law, or shall be punished with a detention or fine.
  CHAPTER XI LITIGATION COSTS
  Article 107. Any party filing a civil lawsuit shall pay a case acceptance fee in accordance with relevant regulations. With respect to cases concerning property, the party shall pay other litigation costs, in addition to case acceptance fee.
  Parties that have true difficulty in paying litigation costs may, in accordance with relevant regulations, apply to the people s court for suspension or reduction of or exemption from the payment.
  Procedures for the payment of litigation costs shall be formulated separately.
  PART TWO TRIAL PROCEDURE
  CHAPTER XII ORDINARY PROCEDURE OF FIRST INSTANCE
  SECTION 1 BRINGING A SUIT AND ACCEPTING A CASE
  Article 108. The following conditions must be met when a suit is brought:
  (1) the plaintiff must be an individual, legal person or any other organization that has a direct interest in the case;
  (2) there must be a specific defendant;
  (3) there must be a concrete claim, a factual basis, and a cause for the suit; and
  (4) the suit must be within the scope of acceptance for civil lawsuits of the people s courts and within the specific jurisdiction of the people s court where it is filed.
  Article 109. When bringing a suit, a bill of complaint shall be submitted to the people s court, and copies of the bill shall be prepared according to the number of defendants.
  If a plaintiff has true difficulty in writing a bill of complaint, he may lodge his complaint orally, and the court shall transcribe it and inform the other party.
  Article 110. A bill of complaint shall clearly set forth the following:
  (1) the name, sex, age, ethnic status, occupation, work unit and address of each person who is a party to the case or, if a party is a legal person or any. other organization, its name, address and legal representative s or principal leading personnel s name and position;
  (2) the claim of the lawsuit and the facts and grounds on which the lawsuit is based; and
  (3) any evidence and its source, as well as the names and addresses of witnesses.
  Article 111. The people s court must accept the lawsuits filed in conformity with the provisions of Article 109 of this Law. With respect to lawsuits described below, the people s court shall handle them according to their specific circumstances:
  (1) With respect to those within the scope of acceptance for administrative lawsuits in accordance with the provisions of the Administrative Procedure Law, the people s court shall notify the plaintiff to institute an administrative lawsuit;
  (2) According to legal provisions, if both parties have on voluntary basis reached a written agreement on arbitration concerning contract disputes that they shall apply to an arbitration agency for arbitration, and may not institute legal proceedings in a people s court, the people s court shall notify the plaintiff to apply to an arbitration agency for arbitration;
  (3) With respect to disputes which, according to law, should be handled by other organs, the people s court shall notify the plaintiff to apply to the relevant organ for settlement;
  (4) With respect to cases that are not under its jurisdiction, the people s court shall notify the plaintiff to bring a lawsuit in the competent people s court;
  (5) With respect to cases in which a judgment or order has already taken legal effect, but one party again brings a suit, the people s court shall notify that party to file an appeal instead, with the exception of those cases in which an order is rendered by the people s court allowing the withdrawal of an action;
  (6) If cases that are not permitted by law to be filed within a specified period are filed during the same period, they shall not be accepted;
  (7) If a divorce suit in which a judgment has been made not granting the divorce, or in which both parties have become reconciled after conciliation, or in which the plaintiff has withdrawn the suit, or any suit concerning adoptive relationship in which a judgment has been made or conciliation conducted to maintain the adoptive relationship is refilled within six months without new developments and reasons, it shall not be accepted, unless the suit is brought by the defendant of the original case.
  Article 112. When a people s court receives a bill of complaint or an oral complaint and finds after review that it meets the requirements for acceptance, it shall file the case within seven days and notify the parties concerned; if the complaint does not meet the requirements for acceptance, the court shall within seven days order that the complaint be rejected. If the complainant has an objection against the order, he may file an appeal.
  SECTION 2 PREPARATIONS FOR TRIAL
  Article 113. The people s court shall send a copy of the bill of complaint to the defendant within five days from its acceptance of the case, and the defendant shall file a bill of defence within 15 days from his receipt of the copy of the bill of complaint.
  If the defendant files a bill of defence, the people s court shall send a copy of the bill of defence to the plaintiff within five days from its receipt. Failure by the defendant to file a bill of defence shall not prevent the case from being heard by the people s court.
  Article 114. The People s court shall, in relation to cases whose acceptance has been decided, notify the parties orally or in the notification on case acceptance or in notification on response to prosecution, of their relevant litigation rights and obligations.
  Article 115. The parties shall be promptly notified after members of the collegial panel are decided.
  Article 116. The judicial personnel must carefully examine the case materials and carry out investigation and collection of necessary evidence.
  Article 117. The personnel sent by a people s court to conduct an investigation shall first show their credentials to the person being investigated. The written record of an investigation shall be checked by the person investigated and then signed or sealed by both the investigator and the investigated.
  Article 118. A people s court may, when necessary, entrust a people s court in another locality with an investigation.
  The entrusting people s court shall clearly set out the matters and requirements of the entrusted investigation. The entrusted people s court may on its own initiative conduct supplementary investigation.
  The entrusted people s court shall complete the investigation within 30 days after receiving the rogatory letter. If for some reason it cannot complete the investigation, it shall notify the entrusting people s court in writing within the above-mentioned time limit.
  Article 119. If a party who must participate in a joint lawsuit fails to participate in the proceedings, the people s court shall notify it to participate.
  SECTION 3 TRIAL IN COURT
  Article 120. Civil cases in a people s court shall be heard in public, except for those that involve state secrets or the private affairs of individuals or are otherwise provided by law.
  A divorce case or a case involving trade secrets may not be heard in public if a party so requests.
  Article 121. In handling civil cases, the people s courts shall, whenever necessary and possible, send out circuit tribunals to hold trials on the spot.
  Article 122. The people s court shall notify the parties and other participants in civil case three days before the opening of a court session. If a case is to be heard in public, the names of the parties, the cause of action and the time and location of the court session shall be 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 case are present and announce the rules of order of the court.
  At the beginning of a trial, the presiding judge shall check the parties present, announce the cause of action and the names of the judicial personnel and court clerks, inform the parties of their relevant litigation rights and obligations and ask the parties whether or not they wish to apply for the withdrawal of any court personnel.
  Article 124. Courtroom investigation shall be conducted in the following order:
  (1) presentation of the statements by the parties;
  (2) informing the witnesses of their rights and obligations, giving testimony by the witnesses and reading of the statements of absentee witnesses;
  (3) presentation of documentary evidence, material evidence and audio-visual reference material;
  (4) reading of the expert conclusions; and
  (5) reading of the records of inquests.
  Article 125. The parties may present new evidence during a court session.
  With the permission of the court, the parties may put questions to witnesses, expert witnesses and inspectors.
  The parties may request a new investigation expert evaluation or inquest, 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 together.
  Article 127. Court debates shall be conducted in the following order:
  (1) presentation of oral statements by the plaintiff and his agents ad litem;
  (2) response by the defendant and his agents ad litem;
  (3) presentation of oral statements or defence by the third party and its agents ad litem;
  (4) debate between the two sides.
  At the end of the court debate, the presiding judge shall ask each side to present his final arguments, with the plaintiff going first, then the defendant, and then the third party.
  Article 128. At the end of the court debate, a judgment shall be made according to law. Where conciliation is possible prior to the rendering of a judgment, conciliation effort may be conducted; if conciliation proves to be unsuccessful, a judgment shall be made without delay.
  Article 129. If a plaintiff has bee served with a legal subpoena from a people s court and refuses to appear in court without justified reason, or if he walks out during a court session without the permission of the court, the court may consider the plaintiff has applied to withdraw his complaint; if the defendant files a counterclaim, the court may make a judgment by default.
  Article 130. If a defendant has been served with a legal subpoena from a people s court and refuses to appear in court without justified reason, or if he walks out during a court session without the permission of the court, the court may make a judgment by default.
  Article 131. If a plaintiff applies to withdraw his complaints before judgment is pronounces, the people s court shall make an order regarding whether to grant approval.
  If the withdrawal of complaints is disallowed by an order, and the palintiff, after having been served with a subpoena, refuses to appear in court without justified reason, the people s court may make a judgment by default.
  Article 132. Under any of the following circumstances, court session for trail may be postponed:
  (1) the parties of other participants in the proceedings required to appear in court fail to do so for justified reasons;
  (2) a party requests the withdrawal of a member of the judicial personnel only presently;
  (3) it is necessary to summon new witnesses to court, collect new evidence, make a new expert evaluation, hold another inquest, or make supplementary investigation; or
  (4) other circumstances arise that warrant the postponement.
  Article 133. The court clerk shall make a written record of the entire court proceedings, which shall be signed by the judicial personnel and the court clerk.
  The court record shall be read out in court, or the parties and other participants in the proceedings may be notified to read the record while in court or within five days. If the parties or other participants in the proceedings consider that there are omissions or errors in the record of their statements, they shall have the right to apply for additions or corrections. If such additions or corrections are not made, the application shall be written into the case file.
  The court record shall be signed or sealed by the parties and other participants in the proceedings. Refusal to do so shall be recorded in a note to be attached to the file.
  Article 134. The people s court shall publicly pronounce its judgment in all case, whether 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 immediately after the pronouncement.
  Upon pronouncement of a judgment, the parties must be informed of their right to file an appeal, the time limit for appeal and the court to which they may appeal.
  Upon pronouncement of a divorce judgment, the parties must be informed not to remarry before the judgment takes legal effect.
  Article 135. A people s court shall, in handling a case to which ordinary procedure is applied, close it within six months from filing the case. Where an extension of the term is necessary for special circumstances, a six-month extension may be given subject to the approval of the president of the said court. Any further extension shall be reported to the people s court at a higher level for approval.


相关法规:

最高人民法院关于适用《中华人民共和国民事诉讼法》若干问题的意见[废止]

中华人民共和国民法通则(英文版) 

中华人民共和国民事诉讼法(英文版)(下)

 
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