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中华人民共和国民事诉讼法(英文版)(下)

 

  SECTION 4 SUSPENSION AND CONCLUSION OF A LAWSUIT
  Article 136. A lawsuit shall be suspended, if it involves any of the following circumstances:
  (1) one of the parties dies and it is necessary to wait for his to make clear whether he would participate 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 terminated, and the person succeeding to its rights and obligations has not been determined yet;
  (4) one of the parties is unable to participate in the proceedings for reasons of force majeure;
  (5) the current case is dependent on the results of the trial of another case that has not yet been concluded; or
  (6) other circumstances arise that warrant the suspension of the lawsuit.
  The proceedings shall resume after the causes of the suspension have been eliminated.
  Article 137. A lawsuit shall be concluded, if it involves any of the following circumstances:
  (1) the plaintiff dies without an heir, or the heir waives his right of litigation;
  (2) the defendant dies without estate and without a person who should succeed to his obligations;
  (3) one of the parties in a divorce case dies.
  (4) one of the parties in a case involving claims for overdue alimony, support for children or elders or a claim for the termination of adoptive relationship dies.
  SECTION 5 JUDGMENT AND ORDER
  Article 138. A judgment shall clearly set forth the following:
  (1) the cause of action, the claims, and the facts of and reasons for the dispute;
  (2) the facts and reasons on which the judgment is based and the law is applied;
  (3) the result of the judgment and the litigation costs to be borne; and
  (4) the time limit for filing an appeal and the appellate court with which the appeal may be filed.
  The judgment shall be signed by the judicial personnel and the court clerk, and the seal of the people s court shall be affixed to it.
  Article 141. If some of the facts in a case being tried by the people s court are already evident, the court may pass judgment on those facts first.
  Article 140. Orders shall be applicable to the following:
  (1) rejection of a lawsuit;
  (2) objection to the jurisdiction of a court;
  (3) rejection of a complaint;
  (4) property preservation and preliminary execution;
  (5) approval or disapproval of withdrawal of a lawsuit;
  (6) suspension or conclusion of a lawsuit;
  (7) correction of slips of pen in the judgment;
  (8) suspension or termination of execution;
  (9) cancellation of or refusal to enforce an arbitration award;
  (10) refusal to enforce a document on creditor s rights which has been rendered executory by the notary office;
  (11) other matters to be decided by an order.
  An appeal may be lodged against an order applied to items (1), (2) and (3) of the preceding paragraph.
  A written order shall be signed by the judicial personnel and the court clerk, and the seal of the people s court shall be affixed to it. If an order is issued orally, it shall be entered in the record.
  Article 141. All judgments and orders of the Supreme People s Court, as well as judgments and orders that may not be appealed against according to law or have not been appealed against within the prescribed time limit, shall be legally effective.
  CHAPTER XIII SUMMARY PROCEDURE
  Article 142. When trying simple civil cases in which the facts are evident, relationship of rights and obligations is definite, and disputes are minor, the basic people s courts and the tribunals dispatched by them may apply the summary procedure stipulated in his Chapter.
  Article 143. In simple civil cases, the plaintiff may lodge his complaint orally.
  The two parties may appear at the same time at a basic people s court or a tribunal dispatched by it to request a solution of their dispute. The basic people s court or the tribunal dispatched by it may try the case immediately or set a date for the trial.
  Article 144. In trying a simple civil case, the basic people s court or the tribunal dispatched by it may at any time use simplified methods to summon 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 restricted by the provisions of Articles 123, 125, and 128 of this Law.
  Article 146. The people s court shall, in handling a case to which summary procedure is applied, close it within three months from filing the case.
  CHAPTER XIV PROCEDURE OF SECOND INSTANCE
  Article 147. If a party refuses to accept 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 from the date on which the written judgment is served.
  If a party refuses to accept an order of first instance of a local people s court, he shall have the right to file an appeal with a people s court at the next higher level within 10 days from the date on which the written order is served.
  Article 148. In filing an appeal, an appeal petition shall be submitted. An appeal petition shall include the names of the parties, the names of the legal persons and their legal representatives or names of other organizations and their principal leading personnel; the name of the people s court where the case was originally tried; the case file number and the cause of action; and the claims of the appeal and reasons for it.
  Article 149. An appeal petition shall be submitted through the people s court which originally tried the case, and copies of the petition shall be prepared according to the number of people in the other party or the representatives thereof.
  If a party appeals directly to a people s court of second instance, the court shall within five days transfer the appeal petition to the people s court which originally tried the case.
  Article 150. Within five days after receiving an appeal petition, the people s court which originally tried the case shall serve copies of the appeal petition on the other party. After receiving the copies of the appeal petition, the other party shall submit its defence within 15 days. The people s court shall, within five days from receiving the defence, serve copies of the defence 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. When handling an appealed case, the people s court of second instance shall form a collegial panel and conduct a hearing. Having verified the facts of the case by consulting the files, making necessary investigations and questioning the parties, if the collegial panel considers that it is not necessary to hold a hearing, it may make a judgment or order without a hearing.
  A people s court of second instance may try an appealed case in its own court or in the place where the case originated or where the people s court which originally tried the case is located.
  Article 153. After hearing an appealed case, the people s court of second instance shall handle it respectively according to the conditions set forth below:
  (1) If the facts were clearly ascertained and the law was correctly applied in the original judgment, the appeal shall be rejected by judgment and the original judgment shall be sustained;
  (2) If the law was incorrectly applied in the original judgment, the judgment shall be amended according to law;
  (3) If in the original judgment the facts were incorrectly ascertained or were not clearly ascertained and the evidence was inconclusive, the judgment shall be rescinded and the case remanded by an order to the original people s court for retrial, or the people s court of second instance may amend the judgment after investigating and clarifying the facts; or
  (4) If in the original judgment a violation of the prescribed procedure may have affected the correctness of the judgment, the judgment shall be rescinded and the case remanded by an order to the original people s court for retrial.
  The parties may appeal against the judgment or order rendered in a retrial of their case.
  Article 154. A people s court of second instance shall use orders in all cases of appeal against the orders made by the people s court of first instance.
  Article 155. In handling an appealed case, a people s court of second instance may conduct conciliation. If an agreement is reached through conciliation, a conciliation statement shall be made and signed by the judicial personnel and the court clerk, and the seal of the people s court shall be affixed to it. After the conciliation statement has been served, the judgment of the people s court which originally tried the case shall be considered rescinded.
  Article 156. If an appellant requests to withdraw his appeal before a people s court of second instance pronounces its judgment, the court shall give an order with regard to approving or disapproving the request.
  Article 157. When a people s court of second instance handles an appealed case, it shall apply the ordinary procedure for trials of first instance, unless otherwise stipulated in this Chapter.
  Article 158. The judgments and orders of a people s court of second instance shall be final.
  Article 159. In trying an appealed case against a judgment, the people s court shall make a final judgment within three months after the case was filed as one of second instance. Any extension of the term necessitated by special circumstances shall be subject to the approval of the president of the said court.
  In trying an appealed case against an order, the people s court shall make a final order within 30 days after the case was filed as one of second instance.
  CHAPTER XV SPECIAL PROCEDURE
  SECTION 1 GENERAL STIPULATIONS
  Article 160. When a people s court handles cases concerning the credentials of voters, the proclamation of a person as missing or dead, the determination of a citizen as incompetent or with limited capacity for civil conduct and the determination of a property as ownerless, the provisions of this Chapter shall apply. For matters not covered in this Chapter, the relevant provisions of this Law and other laws shall apply.
  Article 161. With respect to a case tried in accordance with the procedure stipulated in this Chapter, the judgment of first instance shall be final. A collegial panel of judges shall be formed for the trial of any case involving the credentials of voters or any major, difficult or complicated case; other cases shall be tried by a single judge alone.
  Article 162. If a people s court, while trying a case in accordance with the procedure stipulated in this Chapter, discovers that the case involves a dispute over rights and interests in civil affairs, it shall make an order to terminate the special procedure and inform the interested parties to bring another suit.
  Article 163. The people s court shall, in trying cases to which special procedure is applied, close them within one month from filing the case or within one month from expiration of the term set forth in the public notice. Any extension of the term necessitated by special circumstances shall be subject to the approval of the president of the said court, however, except cases concerning the credentials of voters.
  SECTION 2 CASES CONCERNING THE CREDENTIALS OF VOTERS
  Article 164. If citizens refuse to accept an election committee s decision on an appeal concerning the credentials of voters, they may, five days before the election day, bring a suit in the basic people s court located in their electoral district.
  Article 165. After a people s court has accepted a case concerning the credentials of voters, it must close the case before the election day.
  The prosecutor, a representative of the election committee and other citizens concerned must participate in the proceedings.
  The written judgment of the people s court shall be served on the election committee and the prosecutor before the election day, and other citizens concerned shall be notified of the judgment.
  SECTION 3 CASES CONCERNING THE PROCLAMATION OF A PERSON AS MISSING OR DEAD
  Article 166. With respect to a citizen whose whereabouts have been unknown for two years, if the interested party applies for proclaiming the person as missing, the application shall be filed with the 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 action requested, and documentary evidence from a public security organ or other relevant organs concerning the disappearance of the citizen shall be appended.
  Article 167. With respect to a citizen whose whereabouts have been unknown for four years or whose whereabouts have been unknown for two years after an accident in which he was involved, or whose whereabouts have been unknown after an accident in which he was involved and, upon verification by the relevant authorities, the said citizen is unable to survive, if the interested party applies for proclaiming such person as dead, the application shall be filed with the 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 action requested, and documentary evidence from a public security organ or other relevant organs concerning the disappearance of this citizen shall be appended.
  Article 168. After accepting a case concerning a proclamation of a person as missing or dead, the people s court shall issue a public search notice for the person whose whereabouts have been unknown. The time limit of the notice on the proclamation of a person as missing shall be three months, and the time limit of the notice on the proclamation of a person as dead shall be one year. Where a citizen s whereabouts have been unknown after an accident in which he was involved and, upon verification by the relevant authorities, the said citizen is unable to survive, the time limit of the notice on the proclamation of such person as dead shall be three months.
  On the expiration of the time limit of the public notice, the people s court shall, depending on whether the facts about the missing or death of the person have been confirmed, make a judgment proclaiming the person as missing or dead or make a judgment to reject the application.
  Article 169. Should a person who has been proclaimed as missing or dead by a people s court reappear, the people s court shall, upon the application of that person or an interested party, make a new judgment and annul the previous one.
  SECTION 4 CASES CONCERNING THE DETERMINATION OF A CITIZEN AS INCOMPETENT OR WITH LIMITED CAPACITY FOR CIVIL CONDUCT
  Article 170. An application for determining a citizen as incompetent or with limited capacity for civil conduct shall be filed by the citizen s near relatives or any other interested party with the basic people s court in the locality where the citizen has his domicile.
  The application shall clearly state the facts and grounds on which the citizen s incompetence or limited capacity for civil conduct is claimed.
  Article 171. After accepting such an application, the people s court shall, when necessary, have an expert evaluation on the citizen whose incompetence or limited capacity for civil conduct is claimed; if the applicant has already provided an evaluation conclusion, the people s court shall examine the conclusion.
  Article 172. When the people s court handles a case for determining a citizen as incompetent or with limited capacity for civil conduct, a near relative of the citizen shall be the agent ad litem, however, except the applicant. If the near relatives shift the responsibility onto one another, the people s court shall appoint one of them as an agent ad litem for the citizen. If the citizen s state of health permits, the people s court shall also question the citizen.
  If the people s court is convinced, after trial, that the application is based on facts, it shall make a judgment determining the citizen as incompetent or with limited capacity for civil conduct; if the court finds that the application is not based on facts, it shall make a judgment to reject it.
  Article 173. If, upon the application of a person who has been determined as incompetent or with limited capacity for civil conduct or of his guardian, the people s court verifies that the causes of that person s incompetence or limited capacity for civil conduct has been eliminated, it shall make a new judgment and annul the previous one.
  SECTION 5 CASES CONCERNING THE DETERMINATION OF A PROPERTY AS OWNERLESS
  Article 174. An application for determining a property as ownerless shall be filed by a citizen, legal person or any other organization with the 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.
  Article 175. The people s court shall, after accepting such an application and upon examination and verification, issue a public notice for the claim of the property. If no one claims the property within one year from the issue of the public notice, the people s court shall make a judgment determining the property as ownerless and turn it over to the 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 heir appears and claims the property, the people s court shall, after examination and verification, make a new judgment and annul the previous one.
  CHAPTER XVI PROCEDURE FOR TRIAL SUPERVISION
  Article 177. If the president of a people s court at any level finds some definite error in a legally effective judgment or order of his 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 some definite error in a legally effective judgment or order of a local people s court at any level, or if a people s court at a higher level finds some definite error in a legally effective judgment or order of a people s court at a lower level, it shall have the power to bring the case up for trial itself or direct the people s court at a lower level to conduct a retrial.
  Article 178. If a party considers that a legally effective judgment or order has some error, 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 retrial; however, execution of the judgment or order shall not be suspended.
  Article 179. If an application made by a party involves any of the following circumstances, the people s court shall retry the case:
  (1) the new evidence is conclusive enough to repudiate the original judgment or order;
  (2) the main evidence on which the facts were ascertained in the original judgment or order was insufficient;
  (3) there was error in the application of the law in the original judgment or order;
  (4) a violation of the legal procedure by a people s court may have affected the correctness of the judgment or order in the case;
  (5) the judicial personnel committed embezzlement, accepted bribes, practised malpractice for personal benefits and twisted the law in trial of the case.
  The people s court shall reject the application that does not meet any of the conditions specified in the preceding paragraph.
  Article 180. With respect to a legally effective conciliation statement, if evidence provided by a party proves that the conciliation violates the principle of voluntariness and the content of the conciliation statement is in violation of the law, he may apply for a retrial. The people s court shall, upon examination and verification, retry the case.
  Article 181. with respect to a legally effective judgment on dissolution of marriage, no party shall apply for a retrial.
  Article 182. Any application for a retrial by a party shall be made within two years after the judgment or order becomes legally effective.
  Article 183. When a decision is made to retry a case in accordance with the procedure for trial supervision, the execution of the original judgment shall be ordered to be suspended. The order shall be signed by the president of the court, and the seal of the people s court shall be affixed to it.
  Article 184. With respect to a case to be retried by a people s court in accordance with the procedure for trial supervision, if the legally effective judgment or order was made by a court of first instance, it shall be handled in accordance with the procedure of first instance, and the parties may appeal against the new judgment or order; if the legally effective judgment or order was made by a court of second instance, it shall be handled in accordance with the procedure of second instance, and the new judgment or order shall be legally effective; if it is a case which was brought up for trial by a people s court at a higher level, it shall be handled in accordance with the procedure of second instance, and the new judgment or order shall be legally effective.
  The people s court shall, in retrying a case, form a new collegial pannel.
  Article 185. If the Supreme People s Procuratorate discovers that a legally effective judgment or order made by a people s court at any level, or if a people s procuratorate at a higher level discovers that a legally effective judgment or order made by a people s court at a lower level, involves any of the following circumstances, the Supreme People s Procuratorate or the people s procuratorate at a higher level shall respectively lodge a protest in accordance with the procedure for trial supervision:
  (1) the main evidence ascertaining the facts in the previous judgment or order was insufficient;
  (2) there was error in the application of the law in the previous judgment or order;
  (3) a violation of the legal procedure may have affected the correctness of the judgment or order; or
  (4) the judicial personnel committed embezzlement, accepted bribes, practiced malpractice for personal benefits and twisted the law in trail of the case.
  If a local people s procuratorate at any level discovers that a legally effective judgment or order made by a people s court at the corresponding level involves any of the circumstances specified in the preceding paragraph, it shall refer the matter to the people s procuratorate at a higher level for a protest to be lodged by the latter in accordance with the procedure for trial supervision.
  Article 186. Cases protested by the people s procuratorate shall be retried by the people s court.
  Article 187. When the people s procuratorate decides to lodge a protest against a judgment or order made by a people s court, it shall produce a written protest.
  Article 188. The people s court shall, in retrying a case protested by the people s procuratorate, notify the people s procuratorate to send personnel to the court.
  CHAPTER XVII SUMMARY PROCEDURE FOR RECOVERING A DEBT
  Article 189. When a creditor requests payment of money or negotiable instrument from a debtor, if the following requirements are met, he may apply to the basic people s court that has jurisdiction for a payment warrant. The relevant requirements are:
  (1) the creditor and the debtor are not involved in other obligation disputes; and
  (2) the payment warrant can be served on the debtor.
  The application shall clearly state the requested amount of money or quantity of negotiable instrument and the facts and evidence on the basis of which the request is made.
  Article 190. After a creditor has submitted his application, the people s court shall within five days inform the creditor whether it has accepted his application.
  Article 191. After accepting the application, the people s court shall, upon examination of the facts and evidence provided by the creditor, if the relationship of the creditor s rights and the debtor s obligations is definite and legitimate, issue a payment warrant to the debtor within 15 days from accepting the application.
  If the application is untenable, the people s court shall render an order to reject it.
  The debtor shall, within 15 days from the receipt of the payment warrant, clear off his debts or submit a written objection to the people s court.
  If the debtor has neither submitted an objection nor complied with the payment warrant within the time limit specified in the preceding paragraph, the applicant may apply to the people s court for execution.
  Article 192. The people s court shall, on receiving the written objection submitted by the debtor, make an order to conclude the summary procedure for recovering a debt and the payment warrant shall be invalidated automatically, the creditor may then institute a lawsuit.
  CHAPTER XVIII PROCEDURE FOR PUBLIC INVITATION TO ASSERT CLAIMS
  Article 193. Any holder of a bill which may be endorsed over according to regulations may, if the bill is stolen, lost, or missing, apply for public invitation to assert claims to the basic people s court in the place where the bill is to be paid. The provisions of this Chapter shall apply to other matters to which, according to legal provisions, public invitation to assert claims may be applicable.
  Anyone who applies for public invitation to assert claims shall submit to the people s court an application which shall clearly states the main contents of the bill such as the face amount, the issuer, the holder, the endorser, and the grounds and facts on which the application is made.
  Article 194. The people s court shall, upon deciding to accept the application, notify the payor to suspend the payment, and within 3 days issue a public notice to invite the interested parties to assert claims. The time limit of the public notice shall be at the discretion of the people s court, however, it shall not be less than two months.
  Article 195. The payor shall, on receiving the notification on suspension of payment issued by the people s court, suspend its payment till the conclusion of the procedure for public invitation to assert claims.
  Within the time limit of the public notice, any act relating to the transfer of the rights in the bill shall be of no force.
  Article 196. The interested parties shall apply to the people s court for asserting claims within the time limit of the public notice. After receiving an application of the interested party for asserting claims, the people s court shall make an order to conclude the procedure for public invitation to assert claims and notify the applicant and the payor.
  The applicant or the claimant may institute a lawsuit in the people s court.
  Article 197. If no one asserts claims, the people s court shall make a judgment on the basis of the application to declare the bill null and void. The judgment shall be announced in a public notice, and the payor of the bill shall be notified of the judgment. As of the date of the public notice, the applicant shall be entitled to claim payment from the payor.
  Article 198. If an interested party for justified reasons was unable to apply to the people s court for asserting claims before the judgment was made, he may, within one years from the day he knew or should have known of the public notice of the judgment, institute a lawsuit in the people s court which made the judgment.
  CHAPTER XIX PROCEDURE FOR BANKRUPTCY OF ENTERPRISES AS LEGAL PERSONS
  Article 199. If an enterprise as legal person is in serious losses and unable to repay the debts that are due, the creditors may apply to a people s court for declaring the debtor s bankruptcy repayment, the debtor may also file at a people s court to declare bankruptcy repayment.
  Article 200. After rendering an order to declare bankruptcy repayment, the people s court shall notify the debtors and the known creditors within ten days and make a public announcement.
  Creditors who have been notified shall, within one month after receiving the notice, and creditors who have not been notified shall, within three months after the date of the announcement, report their claims to the people s court Creditors who do not report their claims during these periods shall be deemed to have abandoned their claims.
  Article 201. The people s court may set up a liquidation team composed of relevant state organs and personnel. The liquidation teem shall be responsible for the keeping, putting into order, appraisal, disposition and distribution of the bankruptcy property. The liquidation team may carry out necessary civil actions in accordance with the law.
  The liquidation team shall be responsible to, and report on its work to, the people s court.
  Article 202. Enterprises as legal persons and the creditors may institute a compromise. After they have reached a settlement agreement which has been recognized by the people s court, the people s court shall make a public announcement and suspend the bankruptcy repayment proceedings. The settlement agreement shall have legal effect from the date of the public announcement.
  Article 203. With respect to property that already constitutes security for such obligatory rights as loan from a bank and for other surety, the bank and other creditors shall have priority in receiving repayment with respect to such security or other surety. If the value of the security and other surety exceeds the amount of debts that they secure, the exceeding portion shall be the bankruptcy repayment property.
  Article 204. After the prior deduction of bankruptcy expenses from the bankruptcy property, repayment shall be made in the following order:
  (1) wages of staff and workers and labour insurance expenses that are owed by the bankrupt enterprise;
  (2) taxes that are owed by the bankrupt enterprise; and
  (3) bankruptcy claims.
  Where the bankruptcy property is insufficient to repay all the repayment needs within a single order of priority, it shall be distributed on a pro-rata basis.
  Article 205. The bankruptcy repayment of an enterprise as legal person shall be under the jurisdiction of the people s court in the place where the enterprise as legal person is located.
  Article 206. With respect to the procedure for bankruptcy repayment of enterprises owned by the whole people, the provisions of the Law of the People s Republic of China on Enterprise Bankruptcy shall apply.
  With respect to enterprises without legal personality, individual business, leaseholding farm households and individual partnership, the provisions of this Chapter shall not apply.
  PART THREE PROCEDURE OF EXECUTION
  CHAPTER XX GENERAL STIPULATIONS
  Article 207. Legally effective judgments or orders in civil cases, as well as the parts of judgments or orders that relate to property in criminal cases, shall be executed by the people s court that tried the case in the first instance.
  Other legal documents which are to be executed by a people s court as prescribed by law shall be executed by the people s court in the place where the person subject to execution has his domicile or where the property subject to execution is located.
  Article 208. If in the course of execution a person who is not involved in the case raises an objection with respect to the object of the execution, the execution officer shall review the objection in accordance with the procedure as prescribed by law. If the objection is untenable, it shall be rejected; if the objection is tenable, it shall be submitted to the president of the court for an approval of the suspension of execution. If any definite error is found in the judgment or order, it shall be dealt with in accordance with the procedure for trial supervision.
  Article 209. The execution shall be carried out by the execution officer.
  In carrying out a compulsory execution measure, the execution officer shall show 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, in the light of needs, establish executive organs, whose functions shall be defined by the Supreme People s Court.
  Article 210. If a person or property subject to execution is in another locality, the people s court in that locality may be entrusted with enforcement of the execution. The entrusted people s court shall begin the execution within 15 days after receiving a letter of entrustment and shall not refuse to do so. After the execution has been completed, the entrusted people s court shall promptly inform the entrusting people s court, by letter, of the result of the execution. If the execution has not been completed within one month, the entrusted people s court shall also inform the entrusting people s court, by letter, of the particulars of the execution.
  If the entrusted people s court fails to enforce the execution within 15 days after receiving the letter of entrustment, the entrusting people s court may request the people s court at a higher level of the entrusted people s court to instruct the entrusted people s court to enforce the execution.
  Article 211. If in the course of execution the two parties reconcile themselves and reach a compromise on their own initiative, the execution officer shall make a record of the terms of the compromise, and both parties shall affix their signatures or seals to it.
  If one party fails to fulfill the conciliation agreement, the people s court may, at the request of the other party, resume the execution of the legal document which is formerly effective.
  Article 212. In the course of execution, if the person subject to execution provides surety, the people s court may, with the consent of the person who has applied for execution, decide to suspend the execution and to defer the time limit for execution. If the person subject to execution fails again to enforce the execution within the new time limit, the people s court shall have the power to execute the guaranteed property of the person subject to execution or the property of the guarantor.
  Article 213. If the citizen subject to execution dies, his debts shall be paid off from his estate; if a legal person or any other organization as the party subject to execution terminates, the party that succeeds to its rights and obligations shall fulfill the obligations.
  Article 214. After the execution has been enforced in accordance with a judgment or order or other legal documents, if definite error has been found in such judgment, order or legal document and therefore it has been revoked by the people s court, the people s court shall, with respect to the property which has been executed, render an order that persons who have obtained the property should return it. In the event of refusal to return the property, compulsory execution shall be enforced.
  Article 215. The provisions of this Part shall be applicable to the execution of conciliation statements as drawn up by the people s court.
  Article 216. The parties must comply with legally effective judgments or orders in civil cases. If a party refuses to comply, the other party may apply to the people s court for execution, or the judge may refer the matter to the execution officer for execution.
  The parties must comply with the conciliation statements and other legal documents that are to be executed by the people s court. If a party refuses to comply, the other party may apply to the people s court for execution.
  Article 217. If a party fails to comply with a legally effective award of an arbitration agency established according to law, the other party may apply for execution to the people s court which has jurisdiction over the case. The people s court so applied to shall execute the said award.
  Should the party against whom the application is made provide evidence which proves that the arbitration award involves any of the following circumstances, the people s court shall, after examination and verification by a collegial panel, order to cancel the arbitration award:
  (1) the parties have not stipulated clauses on arbitration in the contracts, or have not subsequently reached a written agreement on arbitration;
  (2) matters decided exceed the scope of the arbitration agreement or the limits of authority of the arbitration agency;
  (3) the composition of the arbitration division or the procedure for arbitration is not in conformity with the legal procedure.
  (4) the main evidence for ascertaining the facts is insufficient;
  (5) there is errors in the application of the law; or
  (6) the arbitrators committed acts of malpractice for personal benefits and perverted the law in the arbitration of the case;
  If the people s court determines that the execution of the arbitration award would contradict the social and public interest, it shall order to cancel the award.
  The above-mentioned order shall be served on both parties and the arbitration agency.
  In the event that an arbitration award is canceled by an order of the people s court, the parties may, in accordance with the written agreement on arbitration reached between the two parties, apply to the arbitration agency for arbitration anew and may also bring a lawsuit in the people s court.
  Article 218. If a party fails to comply with a document of creditor s rights that has been rendered executory according to law by a notary office, the other party may apply to the people s court which has jurisdiction over the case for execution. The people s court so applied to shall execute such document.
  If the people s court finds some definite error in the notarized document of creditor s rights, it shall order to disallow the execution and serve the order on both parties as well as the notary office.
  Article 219. The time limit for the submission of an application for execution shall be one year if one or both of the parties are citizens; it shall be six months if both parties are legal persons or other organizations.
  The above-mentioned time limit shall be calculated from the last day of the period specified by the legal document for its performance. If the legal document specifies that it shall be performed in stages, the time limit shall be calculated from the last day of the period specified for each stage of performance.
  Article 220. The execution officer shall, after receiving the application for execution or the writ of referral of execution, send a notification on execution to the person subject to execution, instructing him to perform the execution within the specified time limit. If the person fails to perform the execution within the time limit, compulsory execution shall be enforced.
  CHAPTER XXII EXECUTION MEASURES
  Article 221. If the person subject to execution fails to fulfill the obligations specified in the legal document as instructed by the notice on execution, the people s court shall have the power to make inquiries to banks, credit cooperatives or other units that deal with savings deposits about the savings deposits of the person subject to execution, and shall have the power to freeze and transfer the savings deposits of the person subject to execution, however, the injury, freezing or transfer of the deposits shall not exceed the scope within which the person subject to execution should fulfill his obligations.
  The people s court shall, in deciding to freeze or transfer a deposit, pass an order and issue a notice on assistance in execution. Banks, credit cooperatives or other units that deal with savings deposits must comply with the notice.
  Article 222. If the person subject to execution fails to fulfill the obligations specified in the legal documents as instructed by the notice on execution, the people s court shall have the power to withhold or withdraw the income of the person subject to execution within the scope of the obligation that the person subject to execution should fulfill, however, it shall leave the necessary living expenses for the person and his dependent family members.
  The people s court shall, when withholding or withdrawing the income, pass an order and issue a notice on assistance in execution. The unit in which the person subject to execution works, banks, credit cooperatives or other units that deal with savings deposits must comply with the notice.
  Article 223. If the person subject to execution fails to fulfill the obligation specified in the legal document as instructed by the notice on execution, the people s court shall have the power to seal up, distrain, freeze, or sell off the property of the person subject to execution at reduced or the current price within the scope of the obligations that the person subject to execution should fulfill, however, it shall leave the articles of daily necessity for the person and his dependent family members.
  The people s court shall render an order regarding the adoption of the measures specified in the preceding paragraph.
  Article 224. When the people s court seals up or distrains a property, if the person subject to execution is a citizen, it shall notify the person and an adult member of his family to appear on the scene; if the person subject to execution is a legal person or any other organization, it shall notify its legal representatives or principal leading personnel to appear on the scene. Their refusal to appear in the scene shall not stop the execution. If the person subject to execution is a citizen, his unit or the grass-roots organization in the place where his property is located shall send people to participate.
  An inventory of the sealed-up or distrained property must be made by the execution officer and, after the inventory has been signed or sealed by the persons on the scene, a copy of it shall be given to the person subject to execution or, if the person subject to execution is a citizen, it may also be given to an adult member of his family.
  Article 225. The execution officer may assign the responsibility of safekeeping the sealed-up property to the person subject to execution, and the person shall be held responsible for any losses incurred due to his fault.
  Article 226. After a property has been sealed up or distrained, the execution officer shall instruct the person subject to execution to fulfill, within the prescribed time limit, the obligations specified in the legal document. If the person fails to fulfill his obligations within the prescribed time limit, the people s court may, in accordance with relevant regulations, entrust the relevant units with the selling of the sealed-up or distrained property at reduced or the current price. Articles which are prohibited from free trading by the state shall be delivered to and purchased by the relevant units at the price set down by the state.
  Article 227. If the person subject to execution fails to fulfill the obligations specified in the legal document and conceals his property, the people s court shall have the power to issue a search warrant and carry out a search on the person subject to execution and in his domicile or in the place where the property is concealed.
  The adoption of the measures mentioned in the preceding paragraph shall be subject to a search warrant signed by the president of the people s court.
  Article 228. The property or negotiable instrument specified for delivery in the legal document shall be delivered in the presence of both parties summoned by the execution officer to the recipient, who shall sign a receipt.
  Any unit concerned that holds the property or negotiable instrument at issue shall pass it on in accordance with the notice on assistance in execution of the people s court, and the recipient shall sign a receipt.
  If any citizen concerned holds the property or negotiable instrument at issue, the people s court shall notify him to relinquish them. If he refuses to do so, compulsory execution shall be enforced.
  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 subject to execution to perform it within a designated period of time. If the person fails to do so within the given time, compulsory execution shall be enforced by the execution officer.
  When a compulsory execution is being enforced, if the person subject to execution is a citizen, the person or an adult member of his family shall be notified to be present; if the person subject to execution is a legal person or any other organization, its legal representatives or principal leading personnel shall be notified to be present; their refusal to be present shall not stop the execution. If the person subject to execution is a citizen, his work unit or the grass-roots organization in the locality of the building or the plot of land at issue shall send people to participate. The execution officer shall make a record of the particulars of the compulsory execution, and the people on the scene shall affix their signatures or seals to the record.
  The people s court shall assign personnel to transport the property involved in a compulsory eviction from a building to a designated location and deliver it to the person subject to execution or to an adult member of his family; if any loss is incurred due to the person s refusal to accept the property, he shall be held responsible for it.
  Article 230. In the course of execution, if some formalities for certificates transfer need to be gone through, the people s court may issue a notice on assistance in execution to relevant units, which must comply with the notice.
  Article 231. If the person subject to execution fails to fulfill the performance required of him by a judgment or order or any other legal document as instructed by the notice on execution, the people s court may enforce compulsory execution or entrust the performance to a relevant unit or other persons, and the person subject to execution shall bear the expenses thus incurred.
  Article 232. If the person subject to execution fails to fulfill his obligations in respect to payment of money within the time limit specified by a judgment or order or any other legal document, he shall pay a multiplied interest on the debt for the period of deferred fulfillment. If the person subject to execution fails to fulfill his other obligations within the time limit specified by a judgment or order or any other legal document, he shall pay a surcharge for the deferred fulfillment.
  Article 233. After the adoption of the execution measures stipulated in Article 222, 223 and 224 of this Law, if the person subject to execution is still unable to repay its debts, it shall continue to fulfill his obligations. Once the creditor discovers that the person subject to execution has any other property, the creditor may at any time apply to the people s court for execution.
  CHAPTER XXIII SUSPENSION AND CONCLUSION OF EXECUTION
  Article 234. Under any of the following circumstances, the people s court shall order suspension of an execution:
  (1) the applicant indicates that the execution may be postponed;
  (2) a person not involved in the case raises a justified objection to the object of the execution;
  (3) a citizen as one of the parties dies and it is necessary to wait for an heir 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 terminates, and the person succeeding to its rights and obligations has not been determined; or
  (5) other circumstances occur under which the people s court deems the execution should be suspended.
  Execution shall be resumed when the circumstances which caused the suspension of execution have disappeared.
  Article 235. Under any of the following circumstances, the people s court shall order conclusion of an execution:
  (1) the applicant has withdrawn his application;
  (2) the legal document on which the execution is based has been repealed;
  (3) the citizen subject to execution dies and there is no estate to be executed and no one to succeed to his obligations;
  (4) the person entitled to claim alimony or support for children or elders dies;
  (5) the citizen subject to execution is too badly off to repay his debts, has no source of income and loses his ability to work as well; or
  (6) other circumstances occur under which the people s court deems the execution should be concluded.
  Article 236. An order to suspend or conclude an execution shall become effective immediately after being served on the parties concerned.
  PART FOUR SPECIAL STIPULATIONS FOR CIVIL PROCEDURES INVOLVING FOREIGN INTERESTS
  CHAPTER XXIV GENERAL PRINCIPLES
  Article 237. The provisions of this Part shall be applicable to any civil lawsuit involving foreign interests within the territory of the People s Republic of China. Where it is not covered by the provisions of this Part, other relevant provisions of this Law shall apply.
  Article 238. If an international treaty concluded or acceded to by the People s Republic of China contains provisions differing from those found in this Law, the provisions of the international treaty shall apply, unless the provisions are the ones on which China has announced reservations.
  Article 239. Any civil lawsuits brought against a foreign national, a foreign organization or an international organization that enjoys diplomatic privileges and immunities shall be dealt with in accordance with the relevant laws of the People s Republic of China and with the international treaties concluded or acceded to by the People s Republic of China.
  Article 240. In conducting trials of civil cases involving foreign interests, the people s court shall use the spoken and written languages commonly used in the People s Republic of China. Translation may be provided at the request of the parties concerned, and the expenses shall be borne by them.
  Article 241. When foreign nationals, stateless persons or foreign enter prises or organizations need to appoint lawyers as agents ad litem to institute or respond to prosecutions in the people s court, they must appoint lawyers of the People s Republic of China.
  Article 242. Any power of attorney mailed or forwarded from outside the territory of the People s Republic of China by a foreign national, stateless person or a foreign enterprise or organization that has no domicile in the People s Republic of China to appoint a lawyer or any other person of the People s Republic of China as an agent ad litem must be authenticated by a notarial office in the country where that person or enterprise or organization has domicile and confirmed by the Chinese embassy or consulate stationed in that country or must go through the notarial formalities stipulated in the relevant bilateral treaties between China and that country before it becomes effective.
  CHAPTER XXV JURISDICTION
  Article 243. A lawsuit brought against a defendant who has no domicile in the People s Republic of China concerning a contract dispute or other disputes over property rights and interests, if the contract is signed or performed within the territory of the People s Republic of China, or the object of the action is within the territory of the People s Republic of China, or the defendant has distrainable property within the territory of the People s Republic of China, or the defendant has its representative agency, branch or business agent within the territory of the People s Republic of China, may be under the jurisdiction of the people s court in the place where the contract is signed or performed, or where the object of the action is located, or where the defendant s distrainable property is located, or where the infringing act takes place, or where the representative agency, branch or business agent is located.
  Article 244. Parties to a dispute over a contract involving foreign interests or over property rights and interests involving foreign interests may, through written agreement, choose the people s court in the place which has actual connections with the dispute as the jurisdictional court. If a people s court of the People s Republic of China is chosen as the jurisdictional court, the stipulations on jurisdiction by level and exclusive jurisdiction in this Law shall not be contravened.
  Article 245. If the defendant in a civil lawsuit involving foreign interests raises no objection to the jurisdiction of a people s court, responds to the prosecution and replies to his defence, he shall be deemed to have admitted that this people s court has jurisdiction over the case.
  Article 246. Lawsuits initiated for disputes arising from the performance of contracts for Chinese-foreign equity joint ventures, or Chinese-foreign contractual joint ventures, or Chinese-foreign cooperative exploration and development of the natural resources in the People s Republic of China shall be under the jurisdiction of the people s courts of the People s Republic of China.
  CHAPTER XXVI SERVICE AND TIME PERIODS
  Article 247. A people s court may serve litigation document to a party who has no domicile within the territory of the People s Republic of China by the following methods:
  (1) it may serve by the method specified in the international treaties concluded or acceded to by both the People s Republic of China and the country where the recipient of service resides;
  (2) it may serve through diplomatic channels;
  (3) it may entrust the service to the embassy or consulate of the People s Republic of China stationed in the country where the recipient of service resides,
  (4) it may serve through the agent ad litem who is empowered by the recipient of service to receive the service for it;
  (5) it may serve through the party s representative agency within the territory of the People s Republic of China, or the branch or business agent empowered to receive the service for it;
  (6) it may serve by post if the law of the country where the recipient of service resides so permits; in the event that no receipt is returned sixty days after the date on which the document was posted, but various circumstances justify the assumption that it has been served, the service shall be deemed completed upon the expiration of the time limit; and
  (7) it may serve by public notice, if none of the above-mentioned methods can be employed. The service shall be considered completed three months after the date on which the public notice was issued.
  Article 248. If a defendant has no domicile in the People s Republic of China, the people s court shall serve a copy of the bill of complaint on the defendant and notify him to forward his bill of defence within 30 days after he receives the copy of the bill of complaint. Any extension of the term requested by the defendant shall be at the discretion of the people s court.
  Article 249. If any party who has no domicile in the People s Republic of China is dissatisfied with a judgment or order made by a people s court of first instance, 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 forward his bill of defence within 30 days after he has received a copy of the appeal petition. If a party is unable to file an appeal or forward a bill of defence within the period of time prescribed by law, and therefore requests an extension of the period, the people s court shall decide to approve or disapprove it.
  Article 250. The time period for handling a civil case involving foreign interests by the people s court shall not be limited by the provisions of Article 138 and 163 of this Law.
  CHAPTER XXVII PROPERTY PRESERVATION
  Article 251. The parties may, in accordance with the provisions of Article 93 of this Law, apply to the people s court for property preservation.
  The interested parties may, in accordance with the provisions of Article 94 of this Law, apply to the people s court for property preservation before a lawsuit is brought.
  Article 252. After a people s court has ordered to grant property preservation before litigation, the applicant shall bring a lawsuit within 30 days. If he fails to bring a lawsuit within the time limit, the people s court shall cancel the property preservation.
  Article 253. After the people s court has ordered to grant property preservation, if a surety is provided by the person against when the application is made, the people s court shall cancel the property preservation.
  Article 254. If an application is wrongfully made, the applicant shall compensate the person against whom the application is made for losses incurred by the property preservation.
  Article 255. If a property preserved by a people s court needs to be kept under surveillance, it shall notify the unit concerned to be responsible for the surveillance, and the person against whom the application is made shall bear the expenses thus incurred.
  Article 256. An order to cancel the preservation issued by a people s court shall be carried out by an execution officer.
  CHAPTER XXVIII ARBITRATION
  Article 257. With respect to contract disputes arise from the foreign economic, trade, transport or maritime activities of China, if the parties have stipulated clauses on arbitration in the contract or have subsequently reached a written agreement on arbitration, they shall submit such disputes for arbitration to the foreign affairs arbitration agency of China, and they shall not bring a suit in a people s court.
  If the parties have not stipulated clauses on arbitration in the contract or have not subsequently reached a written agreement on arbitration, they may file a lawsuit in the people s court.
  Article 258. If any party has applied for the adoption of property preservation measures, the foreign affairs arbitration agency of the People s Republic of China shall submit for an order the party s application to the intermediate people s court in the place where the person against whom the application is filed has his domicile or where the said person s property is located.
  Article 259. If one party fails to comply with the award made by the foreign affairs arbitration agency of the People s Republic of China, the other party may apply for execution to the intermediate people s court in the place where the person against whom the application is made has his domicile or where the property of the said person is located.
  Article 260. If the person against whom the application is made provides evidence which proves that the arbitration award made by the foreign affairs arbitration agency of the People s Republic of China involves any of the following circumstances, the people s court shall, after examination and verification by a collegial panel, order to disallow the execution of the award:
  (1) the parties have not stipulated clauses on arbitration in the contract or have not subsequently reached a written agreement on arbitration;
  (2) the person against whom the application is made is not duly notified to appoint the arbitrator or to proceed with the arbitration, or the said person fails to state its opinions due to reasons for which he is not held responsible;
  (3) the composition of the arbitration division or the procedure for arbitration is not in conformity with rules of arbitration; or
  (4) matters decided exceed the scope of the arbitration agreement or the limits of authority of the arbitration agency.
  If the people s court determines that the execution of the award at issue is against the social and public interest, it shall order to disallow the execution of the arbitration award.
  Article 261. If the execution of an arbitration award is disallowed, the parties may, in accordance with the written agreement on arbitration concluded between them, apply to the arbitration agency for arbitration anew, or may file a lawsuit in a people s court.
  CHAPTER XXIX JUDICIAL ASSISTANCE
  Article 262. In accordance with the international treaties concluded or acceded to by the People s Republic of China or on the principle of reciprocity, the people s courts of China and foreign courts may request each other s assistance in the service of legal documents, in investigation and collection of evidence or in other litigation actions.
  If any matter requested by a foreign court for assistance would impair the sovereignty, security or social and public interest of the People s Republic of China, the people s court shall refuse to carry it out.
  Article 263. The request for and providing of judicial assistance shall be conducted through channels stipulated in the international treaties concluded or acceded to by the People s Republic of China or through diplomatic; channels.
  Any foreign embassy or consulate stationed in the People s Republic of China may serve documents and carry out investigation and collection of evidence with respect to its nationals, provided that the laws of the People s Republic of China shall not be violated and no compulsory measures shall be adopted.
  Except for the circumstances prescribed in the preceding paragraph, no foreign organization or individual may, without the consent of the competent authorities of the People s Republic of China, serve documents or carry out investigation and collection of evidence within the territory of the People s Republic of China.
  Article 264. The letter of request for judicial assistance and its annexes submitted by a foreign court to a people s court shall be appended with a Chinese translation or a text in other languages specified in the relevant international treaties.
  The letter of request and its annexes submitted to a foreign court by a people s court for judicial assistance shall be appended with a translation in the language of the country or a text in other languages specified in the relevant international treaties.
  Article 265. The judicial assistance provided by the people s courts shall be carried out in accordance with the procedure stipulated by the law of the People s Republic of China. If a special method is requested by a foreign court, the judicial assistance may also by carried out in such method as requested, provided that the requested special method shall not contradict the law of the People s Republic of China.
  Article 266. If a party applies for execution of a legally effective judgment or order made by a people s court and the party subject to execution or its property is not within the territory of the People s Republic of China, it may directly apply for recognition and enforcement to the foreign court which has jurisdiction over the case, or the people s court may, in accordance with the relevant provisions of the international treaties concluded or acceded to by China, or on the principle of reciprocity, request recognition and enforcement by a foreign court.
  If a party applies for execution of a legally effective arbitration award made by a foreign affairs arbitration agency of the People s Republic of China and the party subject to execution or its property is not within the territory of the People s Republic of China, it may directly apply for recognition and enforcement to the foreign court which has jurisdiction over the case.
  Article 267. If a legally effective judgment or order made by a foreign court requires recognition and enforcement by a people s court of the People s Republic of China, the party concerned may directly apply to the intermediate people s court of the People s Republic of China which has jurisdiction over the case for recognition and enforcement, or the foreign court may, in accordance with the provisions of the international treaties concluded or acceded to by the People s Republic of China or on the principle of reciprocity, request recognition and enforcement by a people s court.
  Article 268. If a people s court of the People s Republic of China, after its review in accordance with the international treaties concluded or acceded to by the People s Republic of China or on the principle of reciprocity, considers that the legally effective judgment or order of a foreign court which requires recognition and enforcement does not contradict the basic principles of the law of the People s Republic of China nor violates the state and social, public interest of China, it shall render an order on the recognition of its force.
  Where an execution is necessary, a writ of execution shall be issued and enforced in accordance with the relevant provisions of this Law; If it contradicts the basic principles of the law of the People s Republic of China or the state and social, public interest of China, the people s court shall refuse its recognition and enforcement.
  Article 269. If an award made by a foreign arbitration agency requires the recognition and enforcement by a people s court of the People s Republic of China, the party concerned shall directly apply to the intermediate people s court in the place where the party subject to execution has its domicile or where its property is located. The people s court shall deal with the matter in accordance with the relevant provisions of the international treaties concluded or acceded to by the People s Republic of China or on 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 annulled as of the same date.


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) 

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