|
|
[Home]
[Databases]
[WorldLII]
[Search]
[Feedback]
Laws of the People's Republic of China |
[Database Search] [Name Search] [Noteup] [Help]
| Category | LITIGATION | Organ of Promulgation | The Standing Committee of the National People's Congress | Status of Effect | Invalidated |
| Date of Promulgation | 1982-03-08 | Effective Date | 1982-10-01 | Date of Invalidation | 1991-04-09 |
|
Civil Procedure Law of the People's Republic of China (for Trial Implementation) |
|---|
Part One General Provisions
Chapter I The Aim 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 Agent ad Litem
Chapter VI Evidence
Chapter VII Time Periods and Service
Section 1 Time Periods
Section 2 Service
Chapter VIII Compulsory Measures Against Impairment of Civil Actions
Chapter IX Litigation Costs
Part Two Procedure of First Instance
Chapter X Ordinary Procedure
Section 1 Bringing a Suit and Accepting a Case
Section 2 Preparations for Trial
Section 3 Preservative Measures in Litigation and Advance Payment
Section 4 Conciliation
Section 5 Trial in Court
Section 6 Suspension and Conclusion of a Lawsuit
Section 7 Judgment and Order
Chapter XI Summary Procedure
Chapter XII Special Procedure
Section 1 General Stipulations
Section 2 Cases Concerning Rolls of Voters
Section 3 Cases Concerning the Proclamation of the Death of
a Missing Person
Section 4 Cases Concerning the Determination of a Citizen as
Incompetent
Section 5 Cases Concerning the Determination of a Property as
Ownerless
Part Three Procedure of Second Instance and Procedure for Trial
Supervision
Chapter XIII Procedure of Second Instance
Chapter XIV Procedure for Trial Supervision
Part Four Procedure of Execution
Chapter XV General Stipulations
Chapter XVI Referral of and Application for Execution
Chapter XVII Execution Measures
Chapter XVIII Suspension and Conclusion of Execution
Part Five Special Stipulations for Civil Procedures Involving Foreign
Interests
Chapter XIX General Principles
Chapter XX Abritration
Chapter XXI Service and Time Periods
Chapter XXII Preservative Measures in Litigation
Chapter XXIII Judicial Assistance
Part One General Provisions Article 1 The Civil Procedure Law of the People's Republic of China is Article 2 The aim of the Civil Procedure Law of the People's Republic of Article 3 All those who engage in civil lawsuits within the territory of The provisions of this Law are applicable to administrative cases that by Article 4 The people's courts shall exercise the judicial authority with The people's courts shall try civil cases independently, in accordance Article 5 In conducting civil proceedings, the people's courts must base Article 6 In conducting civil proceedings, the people's courts shall Article 7 In handling civil cases, the people's courts shall, wherever Article 8 In trying civil cases, the people's courts shall, as provided Article 9 Citizens of all nationalities shall have the right to use their Where people of a minority nationality live in a concentrated community The people's courts shall provide translations for any party to the court Article 10 The parties to a civil lawsuit shall have the right to argue Article 11 The parties to a civil lawsuit shall be entitled, within the Article 12 The people's procuratorates shall have the right to exercise Article 13 If the civil rights and interests of the state, a collective Article 14 The people's conciliation committees shall be mass A people's conciliation committee shall conduct its conciliation through If a people's conciliation committee violates any policies or laws in Article 15 The people's congresses of the national autonomous areas and Section 1 Jurisdiction by Level Article 16 The basic people's courts shall have jurisdiction as courts of Article 17 The intermediate people's courts shall have jurisdiction as (1) cases involving foreign interests; and (2) cases that have major impact on the area under their jurisdiction. Article 18 The higher people's courts shall have jurisdiction as courts Article 19 The Supreme People's Court shall have jurisdiction as the (1) cases that have major impact on the whole country; and (2) cases that it deems it should try. Section 2 Territorial Jurisdiction Article 20 A civil lawsuit shall be under the jurisdiction of the A civil lawsuit against an enterprise, institution, state organ or public Where the domiciles or residences of several defendants in one lawsuit Article 21 The civil lawsuits described below shall be under the (1) those brought by civilians against servicemen; (2) those concerning the status of persons not residing in the People's (3) those against persons who are undergoing rehabilitation through (4) those against imprisoned persons. Article 22 A lawsuit initiated over an infringing act shall be under the Article 23 A lawsuit initiated over a contract dispute shall be under the Article 24 A lawsuit arising from railway, highway or water transport or Article 25 A lawsuit arising from air transport shall be under the Article 26 A lawsuit concerning claims for damages caused by an aviation Article 27 A lawsuit concerning claims for damages caused by a ship Article 28 A lawsuit concerning claims for maritime salvage shall be Article 29 In cases where the implementation of Articles 22 to 28 proves Article 30 The following cases shall be under the exclusive jurisdiction (1) A lawsuit initiated over real estate shall be under the jurisdiction (2) A lawsuit concerning harbour operations shall be under the (3) A lawsuit concerning a registration shall be under the jurisdiction of (4) A lawsuit concerning an inheritance shall be under the jurisdiction of Article 31 When two or more people's courts have jurisdiction over a Section 3 Referral and Designation of Jurisdiction Article 32 If a people's court discovers that a case it has accepted is Article 33 If a people's court which has jurisdiction over a case is In the event of a jurisdictional dispute, it shall be resolved by the Article 34 People's courts at higher levels shall have the authority to If a people's court deems it necessary for a civil case of first instance Article 35 Civil cases of first instance shall be tried in a people's Simple civil cases shall be tried by a single judge alone. Where carrying out their duties in a people's court, the assessors shall Article 36 Civil cases of second instance shall be tried in a people's When retrying a case remanded by a people's court of second instance, the If a case for retrial was originally tried at first instance, a new Article 37 The president of the court or the chief judge of a division Article 38 When deliberating a case, a collegial panel shall observe the Article 39 The president of the court shall submit major and difficult Article 40 A member of the judicial personnel must voluntarily withdraw, (1) if he is a party or a near relative of a party to the case; (2) if he has a personal interest in the case; or (3) if he has some other relationship with a party to the case that could The above provisions shall also apply to clerks, interpreters and expert Article 41 When a party requests the withdrawal of a member of the Personnel who have been requested to withdraw shall temporarily suspend Article 42 The withdrawal of a court president who serves as the Article 43 The decision of a people's court on a request for withdrawal Section 1 Parties Article 44 Any person who has the capacity for litigation rights may Enterprises, institutions, state organs and public organizations may Article 45 The parties shall have the right to appoint agents, request With the permission of the people's court, the parties may consult the The parties must exercise their litigation rights in accordance with the Article 46 The two parties may reach a compromise on their own. The Article 47 A joint lawsuit shall be constituted when one party or both If the individuals constituting a party to a joint lawsuit have identical Article 48 If a third party considers that he has an independent claim If a third party has no independent claim to the object disputed by the Section 2 Agents ad Litem Article 49 Any person with no capacity to engage in litigation shall have If the agents ad litem try to shift their responsibilities onto each Article 50 Each party, legal representative or agent ad litem may entrust A party's near relative, a lawyer, a person recommended by a public Article 51 When a person entrusts another to act on his behalf in The power of attorney must specify the matter and limits of authority A power of attorney issued by a Chinese citizen residing in a foreign Article 52 A party to a lawsuit shall inform the people's court in Article 53 A lawyer who serves as an agent ad litem may consult Article 54 The parties to a divorce case which has been entrusted to Article 55 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 Article 56 A party shall have the responsibility to provide evidence in The people's court shall, in accordance with the prescribed procedure, Article 57 The people's court shall have the authority to obtain evidence The people's court shall verify and determine the validity of documentary Article 58 The people's court shall keep confidential any evidence that Article 59 The people's court shall recognize the validity of notarized Article 60 Any document submitted as evidence must be the original one. If a document in a foreign language is submitted as evidence, a Chinese Article 61 All persons who have information about a case shall have the Any person who is unable to express himself properly cannot testify. Article 62 The people's court shall examine the statements of the parties The refusal of a party to make a statement shall not prevent the people's Article 63 When the people's court needs to solve a specialized problem, The expert witness shall have the right to consult the case materials The expert witness shall present a written conclusion of his evaluation Article 64 When inspecting material evidence or a site, the inspector Upon notification by the people's court, the relevant units and In carrying out the inquest, the inspector may photograph and survey the Article 65 Under circumstances where there is a likelihood that evidence Section 1 Time Periods Article 66 Time periods shall include those prescribed by law and those Time periods shall be calculated by the hour, the day, the month and the If the expiration date of a time period falls on a holiday, then the day A time period shall not include travelling time. A litigation document Article 67 If a party fails to meet a deadline due to force majeure or Section 2 Service Article 68 A receipt shall be required for every litigation document that The date of receipt as signed by the addressee shall be regarded as the Article 69 Litigation documents sent by a people's court shall be served Article 70 If the addressee of a litigation document refuses to accept Article 71 If the direct service of a litigation document proves Article 72 If the addressee is in the military, the document shall be Article 73 If the addressee is undergoing imprisonment. the document If the addressee is undergoing rehabilitation through labour, the document Article 74 Any organization or unit that receives a litigation document Article 75 If the whereabouts of an addressee is unknown, or if a The reasons for service by public announcement and the procedures taken Article 76 If a defendant is required to appear in court but, having been Article 77 If a participant in the proceedings or any other person (1) forging, concealing or destroying evidence; (2) instigating or suborning others to commit party; (3) concealing, transferring, selling or destroying property that has (4) using violence, threats or other means to hinder judicial personnel (5) insulting, slandering, incriminating with false charges or beating up (6) evading without reason, refusing to assist, or obstructing the Article 78 A fine shall be not more than Renminbi 200 yuan. A detention period shall be not longer than 15 days. The people's court shall deliver detained persons to a public security The people's court may decide to grant the detained person an early Fines and detentions may be imposed in combinations. Article 79 Summonses by warrant, fines and detentions must be approved Letters of decision shall be issued for fines and detentions. lf an Article 80 The party filing a civil lawsuit must pay an acceptance fee Procedures for the payment of litigation costs shall be formulated Part Two Procedure of First Instance Section 1 Bringing a Suit and Accepting a Case Article 81 The following requirements must be met when a suit is brought: (1) the plaintiff must be an individual, enterprise, institution, state (2) there must be a specific defendant, concrete claim and a factual basis (3) the suit must fall within the scope of jurisdiction of the people's Article 82 When bringing a suit, a bill of complaint shall be submitted If a plaintiff has true difficulty in writing a bill of complaint, he may Article 83 A bill of complaint shall clearly set forth the following: (1) the name, sex, age, ethic status, native place, occupation, work unit (2) the claim of the lawsuit and the facts and grounds on which it is (3) any evidence and its source, as well as the names and addresses of Article 84 The people's court shall deal with the various lawsuits (1) In cases of violation of the Regulations on Security Administration (2) For disputes which should be handled by other administrative organs (3) In cases in which a judgment or order has already taken legal effect, (4) A case shall not be accepted if it is not permitted by law to be filed (5) Any divorce suit that has been rejected by a judgment and is refiled Article 85 When a people's court receives a bill of complaint or an oral Section 2 Preparations for Trial Article 86 In a case claiming overdue alimony, support for children or Failure by the defendant to file a bill of defence shall not prevent the Article 87 The judicial personnel must carefully examine the case It shall be the duty of the units concerned to help the people's court Article 88 The personnel sent by a people's court to conduct an The written record of an investigation shall be checked by the person Article 89 If necessary, a people's court may entrust an investigation The entrusting people's court shall clearly set out the matters and The entrusted people's court shall complete the investigation within 30 Article 90 If a person instituting or responding to a prosecution does Article 91 If a party who must participate in a joint lawsuit fails to Section 3 Preservative Measures in Litigation and Advance Payment Article 92 If it becomes impossible or difficult to execute a judgment After accepting a party's application for preservative measures in Article 93 Preservative measures in litigation shall be limited to the Preservative measures in litigation shall be carried out by sealing up, If a sealed-up or distrained property cannot be kept for a long time, the Article 94 When a people's court has decided to take preservative If the applicant loses the lawsuit, he shall compensate the other party Article 95 The people's court may, when necessary, order an advance (1) claims for alimony, support for children or elders and pension for (2) claims for remuneration for labour; (3) other claims requiring advance payment. Article 96 If a party refuses to accept an order of preservative measures Section 4 Conciliation Article 97 If a civil case which has been accepted by a people's court Article 98 When a people's court conducts a conciliation, a single judge Article 99 When a people's court conducts a conciliation, it may, Article 100 Conciliation agreements must be based on the voluntariness Article 101 When a conciliation agreement has been reached, a Any agreement for which no conciliation statement needs to be drawn up Article 102 If no agreement is reached through conciliation or if one Section 5 Trial in Court Article 103 Civil cases in the people's courts shall be heard in public, A divorce case may not be heard in public if a party so requests. Article 104 In handling civil cases, the people's courts shall, whenever The people's courts shall follow the summary procedures in circuit Article 105 The people's court shall notify the parties and other Article 106 Before a court session is called to order, thc court clerk At the beginning of a trial, the presiding judge or the sole judge shall Article 107 Courtroom investigation shall be conducted in the following (1) questioning of thc parties and presentation of their statements; (2) informing the witnesses of their rights and obligations, questioning (3) questioning of the expert witnesses and reading of the expert (4) presentation of documentary evidence, material evidence and (5) reading of the records of inquests. Article 108 The parties may present new evidence during a court session. With the permission of the court, the parties may put questions to The parties may request a new expert evaluation, investigation or inquest, Article 109 Additional claims by the plaintiff, counterclaims by the Article 110 Court debates shall be conducted in the following order: (1) presentation of oral statements by the plaintiff and his agents ad (2) response by the defendant and his agents ad litem; and (3) debate between the two sides. At the end of the court debate, the presiding judge shall ask both sides Article 111 At the end of the court debate, another conciliation effort Article 112 If a plaintiff has been served twice with a legal subpoena Article 113 If a defendant has been served twice with a legal subpoena Article 114 If a plaintiff applies to withdraw his complaints before Article 115 The people's court shall publicly pronounce its judgment in Upon pronouncement of a judgment, the parties must be informed of their Upon pronouncement of a divorce judgement, the parties must be informed Article 116 A trial shall be postponed under any of the following (1) if the parties or other participants in the proceedings fail to appear (2) if the trial cannot proceed because a party requests the withdrawal of (3) if it is necessary to summon new witnesses to court, collect new (4) if other circumstances arise that warrant the postponement of the Article 117 The court clerk shall make a written record of the entire The court record shall be read out in court, or the parties and other The court record shall be signed or sealed by the parties and other Section 6 Suspension and Conclusion of a Lawsuit Article 118 A lawsuit shall be suspended under any of the following (1) if one of the parties dies and it is necessary to wait for his heir to (2) if one of the parties has lost the capacity to engage in litigation (3) if one of the parties cannot participate in the proceedings for (4) if the current case is dependent on the results of the trial of (5) if other circumstances arise that warrant the suspension of the The proceedings shall resume after the causes of the suspension have Article 119 A lawsuit shall be concluded under any of the following (1) if the plaintiff dies without an heir or the heir waives his right of (2) if the defendant dies without any estate and with no one to discharge (3) if no heir comes forward to participate in the proceedings within six (4) if one of the parties in a divorce case dies. Section 7 Judgment and Order Article 120 The following shall be clearly written into a judgment: (1) the cause of action, the claims, and the facts of and reasons for the (2) the facts and reasons confirmed in the judgment, and the law 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 The judgment shall be signed by the judicial personnel and the court Article 121 If some of the facts in a case being tried by the people's Article 122 Orders shall be applied to the following matters: (1) rejection of a lawsuit; (2) matters that concern preservative measures in litigation or advance (3) approval or disapproval of withdrawal of a lawsuit; (4) suspension or conclusion of a lawsuit; (5) rectification of errors in the judgment; and (6) other matters which require settlement by a court order. An order in the category of item (1) above may be appealed. A written order shall be signed by the judicial personnel and the court Article 123 All judgments and orders of the Supreme people's Court, as Article 124 When trying simple civil cases, the basic people's courts and Article 125 In simple civil cases the plaintiff may file his complaint The two parties may appear at the same time at a basic people's court or Article 126 In trying a simple civil case, the basic people's court or Article 127 Simple civil cases shall be tried by a single judge alone who Section l General Stipulations Article 128 The stipulations in this Chapter shall be applied when a Article 129 If a case is tried in accordance with the procedures Article 130 If a people's court, while trying a case in accordance with Section 2 Cases Concerning Rolls of Voters Article 131 If citizens refuse to accept an election committee's decision Article 132 After it has accepted a case concerning a roll of voters, the The plaintiff, a representative of the election committee and other The written judgment of the people's court shall be immediately served on Section 3 Cases Concerning the Proclamation of the Death of a Missing Article 133 An application for proclaiming the death of a missing person The application shall clearly state the facts and time of the Article 134 After it has accepted a case concerning a proclamation of the On the expiration of the period of public notice, the people's court, Article 135 If a missing person who has been proclaimed dead by a Section 4 Cases Concerning the Determination of a Citizen as Incompetent Article 136 An application for determining a citizen as incompetent shall The application must clearly state the facts and grounds on which the Article 137 After accepting an application for determining a citizen as Article 138 When hearing a case for determining a citizen as incompetent, Article 139 The people's court, after issuing a judgment determining a If the people's court determines that an application for holding a citizen Article 140 If, at the request of a person who has been determined as Section 5 Cases Concerning the Determination of a Property as Ownerless Article 141 An application for determining a property as ownerless shall The application must clearly state the type and quantity of the property Article 142 If a people's court has investigated and established the Article 143 If, after a property has been determined in a judgment as Part Three Procedure of Second Instance and Procedure for Trial Article 144 If a party refuses to accept a judgment or order of first Article 145 The time limit for an appeal against a judgment shall be 15 Article 146 An appeal petition shall include the names of the parties, Article 147 An appeal petition shall be submitted through the people's If a party appeals directly to a people's court of second instance, the Article 148 Within five days after receiving the appeal petition, the After receiving the appeal petition and the defence, the people's court Article 149 A people's court of second instancce must conduct a complete Article 150 When handling an appealed case, the people's court of second A people's court of second instance may try an appealed case in its own Article 151 After hearing an appealed case, the people's court of second (1) if the facts were clearly ascertained and the law was correctly (2) if the facts were clearly ascertained but the law was incorrectly (3) if the facts were not clearly ascertained in the original judgment The parties may appeal against the judgment or order rendered in a Article 152 The people's court of second instance shall rule on all the Article 153 In hearing an appealed case, the people's court of second Article 154 If an appellant requests to withdraw his appeal before the Article 155 When a people's court of second instance hears an appeal, it Article 156 The judgment and orders of a people's court of second Article 157 If the president of a people's court at any level finds some If the Superme People's Court finds some definite error in a legally Article 158 If a party or his agent ad litem considers that there is some In a case of appeal against a legally effective judgment or order, if the Article 159 When a decision is made to retry a case in accordance with Article 160 In the retrial of a case in accordance with the procedure for Part Four Procedure of Execution Article 161 Legally effective judgments, orders and conciliation Other legal documents which are to be executed by a people's court as Article 162 If in the course of execution a person who not involved Article 163 The execution shall be carried out by the executor or the In carrying out a compulsory execution measure, the executor shall show Article 164 All units and individuals concerned in a case are obliged to Article 165 If a person or property subject to execution is in another Article 166 The parties must comply with legally effective judgments, Article 167 If a party fails to comply with a legally effective order of Article 168 If a party fails to comply with a document of obligation that Article 169 The time limit for applying for execution shall be one year The above-mentioned time limit shall be calculated from the last day of Article 170 When an executor receives an application or referral for Article 171 The units concerned must comply with the notice issued by the When a people's court decides to withhold or withdraw money from the Article 172 When a people's court seals up, distrains, freezes or sells Adoption of the above-mentioned measures shall be subject to the approval Article 173 When the people's court seals up or distrains a property, it An inventory of the sealed-up or distrained property must be made and, Article 174 The executor may assign the responsibility of safekeeping the Article 175 After a property has been sealed up or distrained, the Article 176 The executor shall summon both parties to deliver and receive Any unit concerned that holds the property or instruments at issue shall If a person other than a party to the lawsuit holds the property or Article 177 If a compulsory eviction from a building or a plot of land When a compulsory execution is being effected, the work unit of the person The people's court shall assign personnel to transport the property Article 178 The executor shall notify the person against whom a judgment Article 179 If the deposits of an enterprise, institution, state organ or Article 180 If the property of the person against whom a judgement or (1) wages and living expenses; (2) state taxes; (3) loans from state banks and credit cooperatives; and (4) other debts. If his property is not enough to pay all the claims which belong to the Article 181 If in the course of execution the two parties reconcile Article 182 The people's court shall order suspension of an execution (1) if the applicant indicates that the execution may be postponed; (2) if a person not involved in the case presents a reasonable objection; (3) if the person against whom the judgment or order is being executed is (4) if one of the parties dies and it is necessary to wait for an heir to (5) if other circumstances occur for which the people's court deems an Execution shall be resumed when the circumstances which caused the Article 183 The people's court shall order conclusion of an execution (1) if the applicant withdraws his application; (2) if the legal document on which the execution is based has been (3) if the person against whom the judgment or order is being executed (4) if the person who has the right to claim alimony or support for (5) if other circumstances occur for which the people's court deems an Article 184 An order to suspend or conclude an execution shall become Part Five Special Stipulations for Civil Procedures Involving Foreign Article 185 The provisions of this Part shall be applicable to any Article 186 Foreign nationals and stateless persons who institute or Foreign enterprises and organizations that institute or respond to Article 187 Should the courts of a foreign country impose restrictions on Article 188 In the event of civil lawsuits brought against foreign Article 189 If an international treaty concluded or acceded to by the Article 190 The spoken and written languages commonly used in the Article 191 When foreign nationals, stateless persons or foreign Any power of attorney sent to a Chinese lawyer or a Chinese citizen by a Article 192 When a dispute arises from the foreign economic, trade, If a dispute arises between foreign enterprises or organizations Article 193 Once an arbitration award has been made on a case by the Article 194 When the foreign affairs arbitration agency of the People's Article 195 If one party fails to comply with the award made by the Article 196 A people's court may serve litigation documents to a party (1) It may serve the documents through diplomatic channels. (2) It may entrust the service of the documents on a party of Chinese (3) It may serve the documents by post if the law of the country where the (4) It may entrust a court of the country where the party resides with the (5) It may serve the documents through the party's agent ad litem. (6) It may serve the documents by public notice, if none of the Article 197 If a defendant does not reside in the People's Republic of Article 198 The time limit for a party who does not reside in the Article 199 After a people's court has approved a party's application for Article 200 If a property distrained by a people's court needs to be kept Article 201 An order issued by a people's court to cancel a distraint Article 202 The people's court of China and foreign courts may entrust Any matter entrusted to a Chinese court by a foreign court shall be Article 203 If a party applies for compulsory execution of a legally Article 204 When a people's court of the People's Republic of China is Article 205 When a foreign court commissions a people's court of the When a people's court commissions a foreign court to serve or assist in
AsianLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
Chapter I The Aim and Basic Principles
formulated on the basis of the Constitution and in the light of the actual
conditions of our country and its experience in trying civil cases.
China is to ensure that the people's courts ascertain facts, distinguish right
from wrong, apply the law correctly, try civil cases promptly, affirm the
rights and duties in civil affairs, impose sanctions for civil wrongs, protect
the rights and interest of the state, collectives and individuals, and educate
citizens to voluntarily abide by the law.
the People's Republic of China must abide by this Law.
law are to be tried by the people's courts.
respect to civil cases.
with the law, and shall not be subject to interference by any administrative
organ, public organization or individual.
themselves on facts and take the law as the criterion; the law applies equally
to all parties to a lawsuit; and the parties shall be guaranteed equal
exercise of their litigation rights.
stress conciliation; if conciliation efforts are ineffective, they shall
render judgments without delay.
necessary and possible, send out circuit tribunals to conduct trials on the
spot.
for by law, apply the system whereby the second hearing is final, and the
systems of public trial, collegial panel and withdrawal of judicial personnel.
native spoken and written languages in civil proceedings.
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.
proceedings who is not familiar with the spoken or written languages commonly
used by the local nationalities.
about the issues in dispute.
scope stipulated by law, to dispose of their rights in civil affairs and
their litigation rights.
legal supervision over the civil proceedings of the people's courts.
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.
organizations to conciliate disputes among the people, which are to function
under the guidance of the grass-roots people's governments and the basic
people's courts.
persuasion and education in accordance with the provisions of the law and the
principle of voluntariness. The parties concerned shall execute the agreement
reached upon in the conciliations; those who refuse a conciliation or those
for whom a conciliation has failed may initiate legal action in a people's
court.
conciliating a case, a people's court shall make corrections.
their standing committees may formulate certain 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 reported to the Standing
Committee of the National People's Congress for the record. 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
first instance over civil cases, unless otherwise stipulated in this Law.
courts of first instance over the following civil cases:
of first instance over civil cases that have major impact on the areas under
their jurisdiction.
court of first instance over the following civil cases:
people's court in the place where the defendant has his domicile; if the
defendant's domicile is different from his residence, the lawsuit shall be
under the jurisdiction of the people's court in the place of his residence.
organization shall be under the jurisdiction of the people's court in the
place where the defendant unit is located.
fall under the jurisdiction of two or more people's courts, all of those
people's courts shall have jurisdiction over the lawsuit.
jurisdiction of the people's court in the place where the plaintiff has his
domicile; if a plaintiff's domicile is different from his residence, the
lawsuit shall be under the jurisdiction of the people's court in the place of
his residence. The relevant lawsuits are:
Republic of China;
labour; and
jurisdiction of the people's court in the place where the infringement took
place.
jurisdiction of the people's court in the place where the contract is
performed or where it was signed.
through transport shall be under the jurisdiction of the people's court in the
place where the administrative organ in charge of investigating and handling
such disputes is located.
jurisdiction of the people's court in the place where the transport began,
where it ended or where the contract was signed.
accident shall be under the jurisdiction of the people's court in the place
where the accident took place or where the aircraft first landed after the
accident.
collision or any other maritime accident shall be under the jurisdiction of
the people's court in the place where the injured ship first docked after the
accident or where the ship at fault was detained or in the port area where
the ship at fault is registered.
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.
difficult, the provisions of Article 20 or 21 may be applied.
of the people's courts herein specified:
of the people's court in the place where the real estate is located.
jurisdiction of the people's court in the place where the harbour is located.
the people's court in the place where the registration office is located.
the people's court in the place where the decedent had his domicile, or where
the principal part of his estate is located.
lawsuit, the plaintiff may bring by choice his lawsuit in one of the 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 court that first receives the bill of complaint.
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 not independently refer it again to another people's
court.
unable to exercise the jurisdiction for special reasons, a superior people's
court shall designate another court to exercise the jurisdiction.
disputing parties through consultation; if the disputes cannot be resolved
through consultation, it shall be reported to a people's court superior to
both disputing parties for the designation of jurisdiction.
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.
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 Organizations
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.
have equal rights with the judges.
court by a collegial panel of judges. The collegial panel must have an odd
number of members.
people's court of first instance shall form a new collegial panel in
accordance with the procedures of first instance.
collegial panel shall be formed according to the procedure of first instance;
if the case was originally tried at second instance; a new collegial panel
shall be formed according to the procedure of second instance.
shall designate one member of the judicial personnel to serve as the presiding
judge of the collegial panel; if the president or the chief judge participates
in the trial, he himself shall serve as the presiding judge.
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.
civil cases to the judicial committee for discussion and decision. The
collegial panel must carry out the decisions of the judicial committee.
Chapter IV Withdrawal
and the parties to the case shall also have the right to request, orally or in
writing, that he be withdrawn, in any of the following circumstances:
influence the impartial handling of the case.
witnesses.
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 or occurs only after the beginning of the proceedings.
their functions unless emergency measures are required by the case.
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.
may be made orally or in writing. If a party refuses to accept the decision,
it may apply for one reconsideration. The trial of the case shall not be
suspended during the time of reconsideration.
Chapter V Participants in Proceedings
become a party to a civil lawsuit.
become parties to a civil lawsuit, and their principal leaders shall be their
legal representatives.
withdrawals, provide evidence, engage in debate, request conciliation, file
an appeal and apply for execution.
materials relating to the court proceedings of the case and may request that
copies of the materials and other legal documents be made at their own
expense. However, materials involving state secrets and the private affairs
of individuals shall be exceptions.
law, observe litigation procedures and carry out legally effective judgments,
orders and conciliation agreements.
plaintiff may relinquish or modify his claim. The defendant may confirm or
repudiate the claim and shall have the right to file a counter-claim.
parties consist of two or more persons and the object of their lawsuits are
the same or of the same category and the people's court considers that the
claims can be tried together.
rights and obligations with respect to the object of the lawsuit and the
procedural acts of one person is recognized by the others of his party, then
such acts shall be effective for all; if the individuals in one party do not
have identical rights and obligations with respect to the object of the
lawsuit, then the procedural acts of one person shall have no effect on the
others of his party.
to the object disputed by the parties to a lawsuit, he shall have the right
to bring an action and become a party to the lawsuit.
parties to a lawsuit, but the outcome of the case will affect his interest
legally, he may file a request to participate in the proceedings or may
participate when so notified by the people's court.
one or more agents ad litem to represent him in a lawsuit. The people's court
may appoint an agent for any person who does not have an agent ad litem.
other, the people's court may appoint one of them to represent the principal
in litigation.
one or two persons to represent him in litigation.
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.
litigation, he must submit to the people's court a power of attorney bearing
his signature or seal.
entrusted. An agent ad litem must possess special authorization from his
principal to confirm, relinquish or modify the claim and to institute a
compromise or file a counterclaim or an appeal.
country 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 overseaas Chinese organization loyal
to China.
writing if he changes or revokes the authority of an agent ad litem, and the
court shall notify the other party of the change or revocation.
materials pertaining to the case in accordance with relevant stipulations.
However, if such materials involve state secrets or the private affairs of
individuals, he must keep the confidential information from his client and
others. With the approval of the people's court, other agents ad litem may
also consult the materials relating to the court proceedings of the case,
except those that involve state secrets or the private affairs of individuals.
agents ad litem shall 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 her opinion in writing to the
people's court.
Chapter VI Evidence
taken as a basis for ascertaining a fact.
support of his own propositions.
collect and examine evidence comprehensively and objectively.
from the relevant units or individuals, and such units or individuals may not
refuse to provide evidence.
evidence provided by state organs, public organizations, enterprises,
institutions or individuals.
involves state secrets or the private affairs of individuals. If such evidence
must be shown to a party, the showing shall not take place in open court.
legal acts, facts and documents, except where there is contrary evidence
sufficient to invalidate the notarial certification.
Material evidence must 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.
translation must be appended.
obligation to give testimony in court. Responsible persons of relevant units
shall encourage witnesses to give testimony. When it would be truly difficult
for a witness to appear in court, he may submit a written testimony with the
approval of the people's court.
in connection with the other evidence to determine whether the statements can
be taken as a basis for ascertaining the facts.
court from ascertaining the facts of a case on the basis of other evidence.
the department concerned shall be obliged upon notification by the people's
court to assign an expert to make an evaluation.
necessary for the evaluation and direct inquiries to the parties and
witnesses.
and affix his signature or seal to it, and the unit to which the expert
witness belongs shall certify his status by affixing its official seal to the
expert conclusion.
must show his credentials issued by a people's court. He shall request a local
grass-roots organization or the unit concerned to send persons to participate
in the inquest. The party concerned or an adult relative of his shall be
present; their refusal to appear on the scene shall not prevent the inquest
from proceeding.
individuals shall have the obligation to preserve the site and assist in the
inquest.
material evidence or site and shall prepare a written record of the
circumstances and results of the inquest. The inspector, the party and the
requested participants shall affix their signatures or seals to the record.
may be destroyed or lost or difficult to obtain later on, the participants in
proceedings may apply 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
designated by a people's court.
year. The hour and day from which a time period begins shall not be counted
as within the time period.
immediately following the holiday shall be regarded as the expiration date.
that is mailed before a deadline shall not be regarded as overdue.
for other legitimate 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.
is served and it shall bear the addressee's signature or seal and the date of
receipt.
date the document is served.
directly on the addressee. If the addressee is absent, the documents shall be
served on an adult member of his family living with him, who shall sign the
receipt. If the addressee has designated an agent to receive his litigation
documents and has informed the people's court of it, the documents may be
served on the agent who shall then sign the receipt.
it, the person serving the document shall ask representatives from the
relevant grass-roots organization or other people to 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 residence of the addressee and the service shall be considered
completed.
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 postmark on
the receipt for registered mail shall be regarded as the date the document is
served.
forwarded to him by the political organ at or above the regimental level in
the unit to which he belongs.
shall be forwarded to him by the prison or unit of reform through labour where
he is serving his term.
shall be forwarded to him by the unit supervising his rehabilitation through
labour.
to be forwarded must immediately deliver it to the addressee, who shall sign
the receipt.
document cannot be served on him by the other methods mentioned in this
Chapter, the document shall be served by public announcement. Three months
after the date of the public announcement, the document shall be deemed to
have been served.
shall be recorded in the case files.
Chapter VIII Compulsory Measures Against Impairment of Civil Actions
served twice with a legal subpoena, still refuses to do so without justified
reason, the people's court may summon him to court by a warrant.
commits any of the following acts, the people's court may, according to the
seriousness of his offence, reprimand him, order him to sign a statement of
repentance, fine him or detain him; if the offence constitutes a crime, the
offender shall be investigated for criminal responsibility in accordance with
law. These acts are:
been sealed up or distrained;
from performing their duties or disrupt the working order of judicial organs;
judicial workers, witnesses, expert witnesses, inspectors, participants in
proceedings or personnel who assist in execution or using other means to
retaliate against them;
execution of a judgment or order according to a notice of a people's court to
assist in the execution by the person who has been notified and has the
obligation to do so.
organ for custody.
release if he admits and corrects his wrongdoing.
by the president of a people's court.
offender refuses to comply to a fine or detention, he may apply for one
reconsideration. The execution of the decision shall not be suspended during
the time of reconsideration.
Chapter IX Litigation Costs
as required. For civil cases involving property, the litigation costs other
than the acceptance fee must also be paid according to regulations.
separately.
Chapter X Ordinary Procedure
organ or public organization that has a direct interest in the case;
for the suit; and
courts and the specific jurisdiction of the people's court where it is filed.
to the people's court, and copies of the bill shall be prepared according to
the number of defendants.
state his complaint orally, and the court shall transcribe it and inform the
other party.
and address of each person who is a party to the case or, if a party is an
enterprise, institution, government organ or public organization, its name,
address and legal representative's name and position;
based; and
witnesses.
described below according to their specific circumstances:
Punishments, it shall refer the plaintiff to a public security organ for
handling.
according to law, it shall refer the plaintiff to the relevant administrative
organ for settlement.
but one party again brings a suit regarding the same claim, it shall notify
that party to file an appeal.
within a specified period but nevertheless is filed within that period.
within six months without new developments and reasons shall not be accepted.
complaint and finds upon examination that it meets the requirements for
acceptance as specified in this Law, it shall within seven days file a case;
if the complaint does not meet the requirements for acceptance as specified
in this Law, the court shall within seven days notify the plaintiff that the
complaint has been rejected and provide due explanation.
elders, pension for the disabled or the family of a deceased or remuneration
for labour, the people's court shall send a copy of the bill of complaint to
the defendant within five days after accepting the cases, and the defendant
shall file a bill of defence within ten days after receiving the copy of the
bill of complaint. In other cases, the people's court shall send a copy of the
bill of complaint to the defendant within five days after accepting the case,
and the defendant shall file a bill of defence within 15 days after receiving
the copy of the bill of complaint.
case from being heard by the people's court.
materials, carry out investigations and research, and gather evidence.
conduct investigation.
investigation shall first show their credentials to the person being
investigated.
investigated and then signed or sealed by both the investigator and the
investigated.
to a people's court in another locality.
requirements of the entrusted investigation. The entrusted people's court may
on its own initiative conduct supplementary investigation.
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.
not qualify to be a party to a case, the people's court shall notify another
party that does qualify, to participate in the proceedings in place of the
disqualified party.
participate in the proceedings, the people's court shall notify him to
participate.
because of the acts of one of the parties or other reasons, the people's court
may, at the request of the other party or on its own authority, order
preservative measures in litigation to be adopted.
litigation, if the case is urgent, the people's court must make a ruling and
begin to implement it within 48 hours.
scope of the litigation claim or to the property relevant to the case.
distraining or freezing property, ordering the party concerned to provide a
surety or using other methods permitted by law.
people's court may sell it off and take charge of the money obtained.
measures in litigation, it may order the applicant to provide a surety; if
the applicant refuses, his application shall be rejected.
for any loss of property due to the preservative measures in litigation.
payment to be immediately implemented in the following cases:
the disabled or the family of a deceased;
in litigation or advance payment, he may apply for one reconsideration.
Implementation of the order shall not be suspended during the time of
reconsideration.
can be conciliated, the people's court shall, on the basis of ascertaining the
facts and distinguishing between right and wrong, conduct conciliation and
urge the parties to reach mutual understanding and compromise.
or a collegial panel may preside. Conciliations shall be conducted locally
whenever possible.
according to the needs of the case, request the assistance of units or
individuals concerned. The requested units or individuals shall assist the
people's court in conducting the conciliation.
of both parties; compulsion shall not be permitted.
conciliation statement shall be drawn up and signed by the judge and the court
clerk, and the seal of the people's court shall be affixed to it. Once the
conciliation statement is served, it shall hecome legally effective.
shall be entered into the written records and shall become legally effective
after being signed or sealed by both parties, the judge and the court clerk.
party retracts his consent before the conciliation statement is served, the
people's court shall proceed with a trial and not prolong the case with
further conciliation efforts.
except for cases that involve state secrets or the private affairs of
individuals or are otherwise provided by law.
necessary and possible, send out circuit tribunals to hold trials on the spot.
tribunals, unless the case is a major or complicated one.
participants in a civil case three days before the opening of a court session.
In a case 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.
shall ascertain whether or not the parties and other participants in the case
are present and announce the rules of order of the court.
check the parties present, announce the cause of action and the names of the
judicial personnel and court clerks, inform the parties of their litigation
rights and obligations and ask the parties whether or not they wish to apply
for the withdrawal of any court personnel.
order:
of the witnesses and reading of the statements of absentee witnesses;
conclusions;
audio-visual referrence material; and
witnesses, expert witnesses and inspectors.
subject to the approval of the people's court.
defendant and third-party claims related to the case may be tried together.
litem;
to present their final arguments, with the plaintiff going first and then the
defendant.
may be conducted; if no agreement can be reached, a judgement shall be made
in accordance with the law.
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 suit withdrawn; if the defendant files a
counter-claim, the court may make a judgement by default.
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 judgement by default as well as apply the provisions of
Article 76 of this Law.
judgment is pronounced, the people's court shall decide whether to grant
approval.
all cases. 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.
right to file an appeal, the time limit for appeal and the court to which
they may appeal.
not to remarry before the judgement takes legal effect.
conditions:
in court as required;
a judicial functionary;
evidence, make a new expert evaluation, hold another inquest, or make
supplementary investigation; or
trial.
court proceedings, which shall be signed by the judicial personnel and the
court clerk.
participants in the proceedings may be notified to read the record while in
court or within five days. If the parties or other paricipants consider that
there are omissions or errors in the record with respect to their statements,
they shall have the right to request additions or corrections to be made.
participants in the proceedings. Refusal to do so shall be recorded in n note
to be attached to the file.
conditions:
participate in the proceedings;
and his agent ad litem has not been designated;
reasons of force majeure;
another case that has not yet been concluded; or
lawsuit.
been eliminated.
conditions:
litigation;
his obligations;
months after the lawsuit has been suspended due to the death of a party; or
dispute;
designated.
clerk, and the seal of the people's court shall be affixed to it.
court are already evident, the court may pass judgment on those facts first.
payment;
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.
well as judgments and orders that may not be appealed according to law or
have not been appealed within the prescribed time limit, shall be legally
effective.
Chapter XI Summary Procedure
the tribunals dispatched by them may apply the summary procedure stipulated
in this Chapter.
orally.
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.
the tribunal dispatched by it may any time use simplified methods to summon
the parties and witnesses.
shall not be restricted by the provisions of Articles 105, 107 and 110 of this
Law.
Chapter XII Special Procedure
people's court tries cases concerning a roll of voters; the proclamation of
death of a missing person; the determination of a citizen as incompetent; and
the determination of a property as ownerless. For matters not covered in this
Chapter, the relevant stipulations of this Law and other laws shall be
applied.
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
a roll of voters or any major, difficult or complicated case; other cases
shall be tried by a single judge alone.
the procedure of this Chapter, discovers that the case involves a dispute over
rights and interests in civil affairs, it shall issue an order to terminate
the special procedure and inform the interested parties to bring another suit
in accordance with ordinary or summary procedure.
on an appeal concerning a roll of voters, they may bring a suit in the basic
people's court located in their electoral district.
people's court must try the case before the elections are held.
citizens concerned must participate in the proceedings.
the election committee and the plaintiff, and other citizens concerned shall
be notified of the judgment.
Person
shall be filed by the interested party with the people's court in the 1ocality
where the missing person last resided.
disappearance as well as the action requested, and documentary evidence from
a public security organ concerning the missing person must be appended.
death of a missing person, the people's court shall issue a public search
notice for the missing person. The time limit of the notice shall be one year.
depending, on whether the death of the missing person has been ascertained,
shall order to terminate the trial or make a judgment proclaiming the death
of the missing person.
people's court should reappear, the people's court, upon the application of
that person or an interested party, shall make a new judgment and annul the
former one.
be filed by the citizen's close relatives or his work unit with the basic
people's court in the locality where the citizen has his domicile.
citizen's incompetent is claimed.
incompetent, the people's court when necessary shall have an expert examine
the citizen; if the applicant has already provided expert conclusions, the
people's court shall examine those conclusions.
the people's court when necessary shall appoint an agent ad litem for the
citizen and also question him in person; the citizen shall be summoned to
court if his state of health permits.
citizen as incompetent, shall appoint a guardian for him according to law.
incompetent is unjustified, it shall reject it.
incompetence or of his guardian, a people's court verifies that the causes of
that person's incompetence have been eliminated, it shall make a new judgment
and annul the previous one.
be filed with the basic people's court in the place where the property is
located by a relevant state organ, public organization, enterprise,
institution, grass-roots organization or individual.
and on what grounds the application for holding the property ownerless is
submitted.
facts with respect to an application for determining a property as ownerless,
and no one comes forward to claim the property within one year after a public
notice has been issued, the court shall make a judgment determining the
property as ownerless and transfer it to the state or the collective
concerned.
ownerless, the original owner or his rightful heir comes forward to claim the
property, and the people's court has investigated and verified the
authenticity of the claim, the court shall make a new judgment and annul the
previous one.
Supervision
Chapter XIII Procedure of Second Instance
instance of a local people's court at any level, he shall have the right to
file an appeal with the people's court at the next higher level.
days, and the time limit for an appeal against an order shall be 10 days.
enterprises, institutions, state organs and public organizations involved in
the lawsuit, as well as the names of their legal representatives; the name of
the people's court where the case was first tried; the case file number and
the cause of action; and the requested action and reasons for it.
court which originally tried the case, and copies of the petition shall be
prepared according to the number of people in the other party.
court shall within five days transfer the appeal petition to the people's
court which originally tried the case.
people's court which originally tried the case shall deliver copies of the
appeal petition to the other party. After receiving the copies of the appeal
petition, the other party must submit its defence within 15 days. Failure by
the other party to submit a defence shall not prevent the case from being
tried by the people's court.
which originally tried the case shall, as soon as possible, deliver the
petition and defence together with the entire case file and evidence to the
people's court of second instance.
review of the facts determined and the application of law by the people's
court of first instance, and shall not be limited by the scope of appeal.
instance shall form a collegial panel and conduct a hearing. If, after
consulting the files, making the necessary investigation and questioning the
parties, the collegial bench has verified the facts of the case and decides
that there is no need to conduct a hearing in court, it may issue an
immediate judgment.
court or in the place where the case originated or where the people's court
which originally tried the case is located.
instance shall handle it according to the conditions set forth below:
applied in the original judgment, the appeal shall be rejected and the
original judgment sustained;
applied in the original judgment, the judgment shall be amended according
to law;
or the evidence was insufficient, or a violation of the prescribed procedure
may have affected the correctness of the original judgment, the judgment shall
be rescinded and the case remanded 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.
retrial of their case.
cases of appeal in which the parties concerned refuse to accept the orders of
the people's court of first instance.
instance may conduct conciliation. If an agreement is reached through
conciliation, a written statement of conciliation shall be made and shall be
signed by the judicial personnel and the court clerk, and the seal of the
people's court shall be affixed to it. After the statement of conciliation
has been served, the judgment of the people's court which originally tried
the case shall be considered rescinded.
people's court of second instance pronounces its judgment, the court shall
give an order on the request.
shall apply the ordinary procedures for trials of first instance, unless
otherwise stipulated in this Chapter.
instance shall be final.
Chapter XIV Procedure for Trial Supervision
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.
effective judgment or order of a people's court at any lower 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 the lower level to conduct a retrial.
definite error in a legally effective judgement or order, he may appeal to the
people's court which tried the case or to a people's court at a higher level,
but the execution of the judgment or order cannot be suspended.
people's court after reexamining the case considers the original judgment or
order correct and the appeal unjustified, it shall issue a notice rejecting
the appeal; if the original judgment or order is truly in error, the president
of the people's court shall refer the case to the judicial committee for
discussion and decision.
the procedure for trial supervision, an order shall be issued to suspend the
execution of the original judgment. The order shall be signed by the president
of the court, and the seal of the people court shall be affixed to it.
trial supervision, if the case was originally one of first instance, it shall
be tried in accordance with the procedure of first instance, and the parties
may appeal against the new judgment or order; if the case was originally one
of second instance or was brought up for trial by a people's court at a higher
level, it shall be tried in accordance with the procedure of second instance,
and the new judgment or order rendered shall be legally effective.
Chapter XV General Stipulations
agreements in civil cases, as well as the parts of judgment 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.
prescribed by law shall be executed by the people's court which has
jurisdiction over the case concerned.
in the case raises an objection with respect to the object of the execution,
the executor shall examine the objection. An unjustified objection shall be
rejected; a justified objection shall be submitted to the president of the
court who may approve suspension of execution, and then the objection shall be
referred to a collegial panel of judges for examination or to the judicial
committee for discussion and decision.
court clerk; important execution measures shall be carried out with the
participation of judicial police.
his credentials to the person subject to the execution, or to an adult member
of his famify; the executor shall make a record of the particulars of the
execution, and have it signed or sealed by the personnel concerned on the
scene.
assist in the execution in accordance with the notice of the people's court.
Those who evade without reason, refuse to assist or obstruct the execution
shall be dealt with in accordance with the provisions of Article 77 of this
Law.
locality, the people's court in that 1ocality may be entrusted with
enforcement of the execution. The entrusted people's court shall begin the
execution within 15 days after receiving a lettcr of entrustment. After the
execution has been completed, the entrusted people's court shall inform the
entrusting people's court by letter of the result of the execution.
Chapter XVI Referral of and Application for Execution
orders, and conciliation agreements in civil cases, and other legal documents
that are to be executed by the people's court. If a party refuses to comply,
the judge shall refer the matter to the executor, and the other party may also
apply to the people's court for execution.
an arbitration agency, the other party may apply for execution to the people's
court which has jurisdiction over the case.
has been rendered executory according to law by a notary office, the other
party may apply to the basic people's court which has jurisdiction over the
case for execution. If the basic people's court finds some definite error in
the notarial document, it shall disallow the execution and notify the notary
office of its decision.
if one or both of the parties are individuals; it shall be six months if both
parties are enterprises, institutions, state organs or public organizations.
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.
exection, he shall within ten days familiarize himself with the case and
notify the person against whom the judgment has been passed to execute it
within the specified time limit. If the person fails to comply within the
time limit, execution shall be compelled.
Chapter XVII Execution Measures
people's court requesting them to assist in withholding or withdrawing money
from the savings deposits or income from work of a person against whom a
judgment or order is being executed.
income from work of a person against whom the judgment or order is being
executed, it shall leave the necessary living expenses for him and his
dependent family members.
off the property of a person against whom a judgment or order is being
executed, it shall leave his essential production tools and the articles of
daily necessity for him and his dependent family members.
of the president of the people's court.
shall notify the person against whom the judgment or order is being executed
or an adult member of his family to appear on the scene; their refusal to
appear shall not hinder the execution. The person's work unit and the
grass-roots organization in the place where his property is located shall
send people to participate.
after the inventory has been signed or sealed by the persons on the scene, a
copy of it shall be given to the person against whom the judgment or order is
being executed or to an adult member of his iamily.
sealed-up property to the person against whom the judgment or order is being
executed, and he shall be held responsible for any losses incurred due to his
fault.
executor shall notify the person against whom the judgment or order is being
executed to fulfil within the prescribcd time limit the obligations specified
in the legal document. If the person fails to fulfill his obligations before
the deadline, his property shall be transferred to the unit concerned which
may either buy it or sell it off.
in person the property or negotiable instruments specified in the legal
document, or he may pass on the property or instruments to the recipient who
shall sign a receipt for them.
pass them on in accordance with the notice of the people's court to assist in
the execution, and the recipient shall sign for such property or instruments.
instruments at issue, the people's court shall notify him to relinquish them.
If he refuses to do so, execution shall be compelled.
has been decided, the president of the people's court shall sign and issue a
public notice informing the person against whom the judgment or order is being
executed to comply within a designated period of time. If he refuses to comply
within the given time, the executor shall compel such execution.
against whom the judgment or order is being executed and the grass-roots
organization in the 1ocality of the building or land at issue shall send
people to participate. The person or an adult member of his family shall be
present; their refusal shall not hinder the execution. The executor shall make
a record of the particulars of the compulsory execution, and the people on the
scene shall affix their signatures or seals to it.
involved in a compulsory execution to a designated location and deliver it to
the person in whose favour the judgment is being executed 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.
or order is being executed to carry our the tasks required of him by the legal
document. If he refuses to comply without justified reason, the people's court
may entrust the tasks to a relevant unit or another person, and the person
against the judgment or order is being executed shall bear the expenses for
such an arrangement.
public organization are involved in an execution, the money shall be
transferred or assigned by the bank or the credit cooperative in accordance
with the notice of the people's court requesting assistance in execution.
order is being executed is not enough to meet all the claims, he shall pay
off his debts in the following order:
same category, it shall be divided proportionally among those claimants.
themselves and reach a compromise on their own initiative, the executor shall
make a record of the terms of the compromise, and both parties shall affix
their signatures or seals to it.
Chapter XVIII Suspension and Conclusion of Execution
under any of the following conditions:
unable to pay off his debts within a short time;
inherit the rights of the deceased or to discharge his obligations; or
execution should be suspended.
suspension of execution have disappeared.
under any of the following conditions:
repealed;
dies and there is no estate to be executed and no one to discharge his
obligations;
children or elders dies; or
execution should be concluded.
effective immediately after being served on the parties concerned.
Interests
Chapter XIX General Principles
foreign nationals, stateless persons and foreign enterprises and organizations
that are engaged in civil lawsuits in the People's Republic of China. In
situations not covered by the provisions of this Part, other relevant
provisions of this Law shall be applied.
respond to prosecutions in the people's courts shall have the same litigation
rights and obligations as citizens of the People's Republic of China.
prosecutions in the people's courts shall have litigation rights and
obligations in accordance with the provisions of this Law.
the civil litigatiton rights of the citizens, enterprises and organizations of
the People's Republic of China, the Chinese people's courts shall follow the
principle of reciprocity regarding the civil litigation rights of the
citizens, enterprises and organizations of that foreign country.
nationals, foreign organizations or international organizations that enjoy
judicial immunity, the people's courts shall deal with them according to the
law of the People's Republic of China and any international treaties concluded
or acceded to by China.
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 ones on which China has announced reservations.
People's Republic of China shall be used when the people's courts conduct
trials of cases in which foreign nationals are involved. Translation may be
provided at the request of the parties concerned, and the expenses shall be
borne by them.
enterprises or organizations appoint lawyers as agents ad litem to institute
or respond to prosecutions in the people's courts, they must appoint lawyers
of the People's Republic of China.
foreigner or stateless person who does not reside in the People's Republic of
China must be notarized by a notarial agency in the country where that person
resides and authenticated by the Chinese embassy or consulate there before it
shall become effectivc.
Chapter XX Arbitration
transport or maritime activities of China, if the parties have reached a
written agreement to submit the dispute for arbitration to the foreign affairs
arbitration agency of the People's Republic of China, they shall not bring a
suit in a people's court; if they have not reached such written agreement,
they may bring a suit in a people's court.
concerning economic, trade, transport or maritime activities, the parties may,
in accordance with their written agreement, submit the dispute for arbitration
to the foreign affairs arbitration agency of the People's Republic of China or
they may file a suit in a people's court which has jurisdiction.
foreign affairs arbitration agency of the People's Republic of China, the
parties shall not file a suit in a peoplc's court.
Republic of China, upon the application of a party, considers it necessary to
take preservative measures, it shall request an order from the intermediate
people's court in the locality of the property of the person against whom such
action is directed or from the intermediate people's court in the place where
the arbitration agency is located.
foreign affairs arbitration agency of the People's Republic of China, the
other party may apply to the intermediate people's court in the place where
the arbitration agency is located or to the intermediate people's court in the
locality of the property in question for enforcement of the award in
accordance with the relevant provisions of this Law.
Chapter XXI Service and Time Periods
who does not reside in the People's Republic of China using the methods below.
nationality to the embassy or consulate of the People's Republic of China in
the country where the party resides.
party resides permits such service by post.
task of serving the documents or use other means specified by agreement, if
that country has a judicial assistance agreement with the People's Republic of
China.
above-mentioned methods are practical. The documents shall be considered
served six months after the date on which the public notice is issued.
China, the people's court shall put an incoming dispatch stamp on the copy of
the bill of complaint to be sent to the defendant and notify him to forward
his bill of defence within 60 days after he receives the copy of the bill of
complaint. An extension of the deadline may be granted at the defendant's
request, but the extension may not exceed 30 days.
People's Republic of China to file an appeal against a judgment issued by a
people's court of first instance shall be 60 days. The appellee must forward
his bill of defence within 60 days after he has received his copy of the
written appeal. If a party is unable to either file an appeal or forward a
statement of defence within the specified time limit, and therefore requests
an extension, an extension not to exceed 30 days may be granted.
Chapter XXII Preservative Measures in Litigation
preservative measures in litigation, it shall instruct the party against whom
the application has been filed to provide a surety. If he refuses to provide
the surety, the people's court shall issue an order of distraint on his
property.
under surveillance, it shall notify the unit concerned to provide such
surveillance, and the party against whom the application has been filed shall
be responsible for all expenses thus incurred. However, the responsibility for
any losses or expenses incurred due to errors in the application shall be
borne by the applicant.
shall be carried out by the executor or by the unit exercising surveillance
which shall be notified thereof.
Chapter XXIII Judicial Assistance
each other with certain litigation actions in accordance with international
agreements concluded or acceded to by the People's Republic of China or on
the principle of reciprocity.
rejected if it is incompatible with the sovereignty and security of the
People's Republic of China; if the matter is outside its jurisdiction, the
people's court shall return the entrusted matter to the foreign court with
due explanation.
effective judgment made by a people's court or an award made by an arbitration
agency of the People's Republic of China, but the person against whom the
application has been filed or his property is not in China, the people's
court may entrust a foreign court to assist the execution in accordance with
any international treaty concluded or acceded to by China or on the principle
of reciprocity.
entrustcd by a foreign court with the execution of a final judgment or order,
the people's court shall examine it in accordance with any international
treaty concluded or acceded to by the People's Republic of China or on the
principle of reciprocity. If the court deems that the judgment or order does
not violate the fundamental principles of the law of the People's Republic of
China or her national and social interests, it shall order to recognize the
validity of the judgment or order and execute it according to the procedure
specified in this Law; otherwise, the people's court shall return the
judgment or order to the foreign court.
People's Republic of China to serve or assist in the execution of certain
legal documents, or to take certain litigation actions on its behalf, it must
provide a Chinese translation of those legal documents and the power of
attorney.
the execution of certain legal documents, or to take certain litigation
actions on its behalf, it must provide a foreign language translation of
those legal documents and the power of attorney.
URL: http://www.asianlii.org/cn/legis/cen/laws/cplti422