CIVIL PROCEDURE LAW OF THE PEOPLE'S REPUBLIC OFCHINA
(Adopted at the Fourth Sessionof the Seventh National People'sCongresson April 9, 1991, promulgated by Order No. 44 of the President ofthePeople's Republic of China on April 9, 1991, and effective as of thedate of promulgation)
Important Notice: (注意事项)
当发生歧意时,应以法律法规颁布单位发布的中文原文为准. In case of discrepancy, the original version inChinese shall prevail. Whole Document (法规全文)
CIVIL PROCEDURE LAW OF THEPEOPLE'S REPUBLIC OF CHINA(Adopted at the Fourth Session ofthe Seventh National People'sCongress on April 9, 1991, promulgated by OrderNo. 44 of the President ofthe People's Republic of China on April 9, 1991,and effective as of thedate of promulgation)ContentsPart One General ProvisionsCHAPTER I The Aim,Scope of Application and Basic PrinciplesCHAPTER II Jurisdiction Section 1 Jurisdiction by Forum Level Section 2 Territorial Jurisdiction Section 3 Transfer and Designation ofJurisdictionCHAPTER III TrialOrganizationCHAPTER IV WithdrawalCHAPTER V Participants in ProceedingsSection 1 Parties Section 2 Agents ad LitemCHAPTER VI EvidenceCHAPTER VII Time Periods andService Section 1 Time Periods Section 2 ServiceCHAPTER VIII ConciliationCHAPTER IX PropertyPreservation and Advance ExecutionCHAPTER X Compulsory Measures Against Obstruction of Civil ProceedingsCHAPTER XI LitigationCostsPart Two Trial ProcedureCHAPTER XII Ordinary Procedure ofFirst Instance Section 1 Bringing a Lawsuit and Entertaining aCase Section 2 Preparations for Trial Section 3 Trial in Court Section 4 Suspension and Termination ofLitigation Section 5 Judgment and OrderCHAPTER XIII Summary ProcedureCHAPTER XIV Procedure of SecondInstanceCHAPTER XV SpecialProcedure Section 1 General Provisions Section 2 Cases Concerning the Qualification ofVoters Section 3 Cases Concerning the Declaration of aPerson as Missing or Dead Section 4 Cases Concerning the Adjudgment of LegalIncapacity or Restricted LegalCapacity of Citizens Section 5 Cases Concerning the Determination of aProperty as OwnerlessCHAPTER XVI Procedure for TrialSupervisionCHAPTER XVII Procedure for HasteningDebt RecoveryCHAPTER XVIII Procedure for Publicizing PublicNotice for Assertion of ClaimsCHAPTER XIX Procedure forBankruptcy and Debt Repayment of Legal Person EnterprisesPart Three Procedure ofExecutionCHAPTER XX GeneralProvisionsCHAPTER XXI Application forExecution and ReferralCHAPTER XXII Execution MeasuresCHAPTER XXIII Suspension and Termination ofExecutionPart Four Special Provisions for Civil Procedureof Cases Involving Foreign ElementCHAPTER XXIV General PrinciplesCHAPTER XXV JurisdictionCHAPTER XXVI Service and TimePeriodsCHAPTER XXVII Property PreservationCHAPTER XXVIII ArbitrationCHAPTER XXIX Judicial Assistance PART ONE GENERAL PROVISIONS Chapter I The Aim, Scope of Application and BasicPrinciplesArticle 1The Civil Procedure Law of the People's Republicof China is formulated onthe basis of the Constitution and in the light of the experience andactual conditions of our country in the trial ofcivil cases.Article 2The Civil Procedure Law of the People's Republicof China aims to protectthe exercise of the litigation rights of the parties and ensure theascertaining of facts by the people's courts, distinguish right fromwrong, apply the law correctly, trycivil cases promptly, affirm civilrights and obligations, impose sanctionsfor civil wrongs, protect thelawful rights and interests of the parties, educate citizens tovoluntarily abide by the law, maintain thesocial and economic order, andguarantee the smooth progress of the socialistconstruction.Article 3In dealing with civil litigation arisingfrom disputes on property andpersonal relations between citizens, legalpersons or other organizationsand between the three of them, the people's courts shall apply theprovisions of this Law.Article 4Whoever engages in civil litigation within theterritory of the People'sRepublic of China must abide by this Law.Article 5Aliens, stateless persons, foreign enterprises and organizations thatbring suits or enter appearance in the people'scourts shall have the samelitigation rights and obligations ascitizens, legal persons and otherorganizations of the People's Republic ofChina.If the courts of a foreign country impose restrictions on the civillitigation rights of the citizens, legal personsand other organizationsof the People's Republic of China, thepeople's courts of the People'sRepublic of China shall follow the principle ofreciprocity regarding thecivil litigation rights of the citizens,enterprises and organizations ofthat foreign country.Article 6The people's courts shall exercise judicialpowers with respect to civilcases. The people's courts shall try civil cases independently inaccordance with the law, and shall be subject tono interference by anyadministrative organ, public organization orindividual.Article 7In trying civil cases, the people's courts mustbase themselves on factsand take the law as the criterion.Article 8The parties in civil litigation shall haveequal litigation rights. Thepeople's courts shall, in conducting the trials,safeguard their rights,facilitate their exercising the rights, andapply the law equally to them.Article 9In trying civil cases, the people's courts shallconduct conciliation forthe parties on a voluntary and lawful basis; if conciliation fails,judgments shall be rendered without delay.Article 10In trying civil cases, the people's courts shall, according to theprovisions of the law, follow the systemsof panel hearing, withdrawal,public trial and the court of second instancebeing that of last instance.Article 11Citizens of all nationalities shall have theright to use their nativespoken and written languages in civilproceedings.Where minority nationalities live in aggregationin a community or whereseveral nationalities live together in one area,the people's courts shallconduct hearings and issue legal documents in the spoken and writtenlanguages commonly used by the localnationalities.The people's courts shall provide translationsfor any participant in theproceedings who is not familiar with the spoken or written languagescommonly used by the local nationalities.Article 12Parties to civil actions are entitled in thetrials by the people's courtsto argue for themselves.Article 13The parties are free to deal with their owncivil rights and litigationrights the way they prefer within the scopeprovided by the law.Article 14The people's procuratorates shall have the right to exercise legalsupervision over civil proceedings.Article 15Where an act has infringed upon thecivil rights and interests of theState, a collective organization or anindividual, any State organ, publicorganization, enterprise or institution maysupport the injured unit orindividual to bring an action in a people'scourt.Article 16The people's conciliation committees shall be mass organizations toconduct conciliation of civil disputes under theguidance of the grass-roots level people's governments and the basiclevel people's courts.The people's conciliation committeeshall conduct conciliation for theparties according to the Law and on a voluntary basis. The partiesconcerned shall carry out the settlement agreement reached throughconciliation; those who decline conciliation or those for whomconciliation has failed or those who havebacked out of the settlementagreement may institute legal proceedings in apeople's court.If a people's conciliation committee, inconducting conciliation of civildisputes, acts contrary to the law,rectification shall be made by thepeople's court.Article 17The people's congresses of the nationalautonomous regions may formulate,in accordance with the Constitution and theprinciples of this Law, and inconjunction with the specific circumstancesof the local nationalities,adaptive and supplementary provisions. Such provisions made by anautonomous region shall be submittedto the Standing Committee of theNational People's Congress for approval; those made by an autonomousprefecture or autonomous county shall be submitted to the standingcommittee of the people's congress of therelevant province or autonomousregion for approval and to the StandingCommittee of the National People'sCongress for the record. Chapter II JurisdictionSection 1 Jurisdiction by Forum LevelArticle 18The basic people's courts shall have jurisdiction as courts of firstinstance over civil cases, unless otherwiseprovided in this Law.Article 19The intermediate people's courtsshall have jurisdiction as courts offirst instance over the following civilcases:(1) major cases involving foreign element;(2) cases that have major impact on the areaunder their jurisdiction; and(3) cases as determined by the SupremePeople's Court to be under thejurisdiction of the intermediate people'scourts.Article 20The high people's courts shall have jurisdiction as courts of firstinstance over civil cases that have major impacton the areas under theirjurisdiction.Article 21The Supreme People's Court shall havejurisdiction as the court of firstinstance over the following civil cases:(1) cases that have major impact on the wholecountry; and(2) cases that the Supreme People's Court deemsit should try.Section 2 TerritorialJurisdictionArticle 22A civil lawsuit brought against a citizen shallbe under the jurisdictionof the people's court of the place where thedefendant has his domicile;if the place of the defendant's domicile isdifferent from that of hishabitual residence, the lawsuit shall beunder the jurisdiction of thepeople's court of the place of his habitualresidence.A civil lawsuit brought against a legal personor any other organizationshall be under the jurisdiction of the people'scourt of the place wherethe defendant has his domicile.Where the domiciles or habitual residences ofseveral defendants in thesame lawsuit are in the areas under the jurisdiction of two or morepeople's courts, all of those people's courtsshall have jurisdiction overthe lawsuit.Article 23The civil lawsuits described below shall beunder the jurisdiction of thepeople's court of the place where the plaintiffhas his domicile; if theplace of the plaintiff's domicile is differentfrom that of his habitualresidence, the lawsuit shall be underthe jurisdiction of the people'scourt of the place of the plaintiff's habitualresidence:(1) those concerning personal status broughtagainst persons not residingwithin the territory of the People's Republic ofChina;(2) those concerning the personal status ofpersons whose whereabouts areunknown or who have been declared asmissing;(3) those brought against persons who are undergoing rehabilitationthrough labour; and(4) those brought against persons who are inimprisonment.Article 24A lawsuit brought on a contract dispute shall beunder the jurisdiction ofthe people's court of the place where thedefendant has his domicile orwhere the contract is performed.Article 25The parties to a contract may agree to choosein their written contractthe people's court of the placewhere the defendant has his domicile,where the contract is performed, where thecontract is signed, where theplaintiff has his domicile or where the objectof the action is located toexercise jurisdiction over the case, providedthat the provisions of thisLaw regarding jurisdiction by forum level andexclusive jurisdiction arenot violated.Article 26A lawsuit brought on an insurancecontract dispute shall be under thejurisdiction of the people's court of the place where the defendant hashis domicile or where the insured object islocated.Article 27A lawsuit brought on a bill dispute shall beunder the jurisdiction of thepeople's court of the place where the bill isto be paid or where thedefendant has his domicile.Article 28A lawsuit arising from a disputeover a railway, road, water, or airtransport contract or over a combined transportcontract shall be underthe jurisdiction of the people's court of theplace of dispatch or theplace of destination or where the defendant hashis domicile.Article 29A lawsuit brought on a tortious act shall beunder the jurisdiction of thepeople's court of the place wherethe tort is committed or where thedefendant has his domicile.Article 30A lawsuit brought on claims for damages causedby a railway, road, watertransport or air accident shall be under thejurisdiction of the people'scourt of the place where the accident occurredor where the vehicle orship first arrived after the accident or wherethe aircraft first landedafter the accident, or where the defendant hashis domicile.Article 31A lawsuit brought on claims for damages causedby a collision at sea or byany other maritime accident shall be under the jurisdiction of thepeople's court of the place where the collisionoccurred or where the shipin collision first docked after the accident orwhere the ship at faultwas detained, or where the defendant has hisdomicile.
Article 32A lawsuit instituted for expenses of maritimesalvage shall be under thejurisdiction of the people's court of theplace where the salvage tookplace or where the salvaged ship first dockedafter the disaster.
Article 33A lawsuit brought for general average shall beunder the jurisdiction ofthe people's court of the place where the shipfirst docked or where theadjustment of general average was conducted orwhere the voyage ended.
Article 34The following cases shall be under the exclusive jurisdiction of thepeople's courts herein specified:(1) a lawsuit brought on a dispute over realestate shall be under thejurisdiction of the people's court of the place where the estate islocated;(2) a lawsuit brought on a dispute over harbouroperations shall be underthe jurisdiction of the people's court of theplace where the harbour islocated; and(3) a lawsuit brought on a disputeover succession shall be under thejurisdiction of the people's court of the placewhere the decedent had hisdomicile upon his death, or where theprincipal part of his estate islocated.
Article 35When two or more people's courts havejurisdiction over a lawsuit, theplaintiff may bring his lawsuit in one of thesepeople's courts; if theplaintiff brings the lawsuit in twoor more people's courts that havejurisdiction over the lawsuit, the people'scourt in which the case wasfirst entertained shall havejurisdiction.
Section 3 Transfer andDesignation of Jurisdiction
Article 36If a people's court finds that a case it hasentertained is not under itsjurisdiction, it shall refer thecase to the people's court that hasjurisdiction over the case. The people's courtto which a case has beenreferred shall entertain the case, and if itconsiders that, according tothe relevant regulations, the case referred to it is not under itsjurisdiction, it shall report to a superior people's court for thedesignation of jurisdiction and shallnot independently refer the caseagain to another people's court.
Article 37If a people's court which has jurisdiction over a case is unable toexercise the jurisdiction for special reasons, asuperior people's courtshall designate another court to exercisejurisdiction.In the event of a jurisdictionaldispute between two or more people'scourts, it shall be resolved by the disputing parties throughconsultation; if the dispute cannot be soresolved, it shall be reportedto their common superior people's court for the designation ofjurisdiction.
Article 38If a party to an action objects to thejurisdiction of a people's courtafter the court has entertained the case, the party must raise theobjection within the period prescribed for thesubmission of defence. Thepeople's court shall examine the objection. If the objection isestablished, the people's court shall order thecase to be transferred tothe people's court that has jurisdiction overit; if not, the people'scourt shall reject it.
Article 39The people's courts at higher levels shall havethe power to try civilcases over which the people's courts at lowerlevels have jurisdiction ascourts of first instance; they may also transfercivil cases over whichthey themselves have jurisdiction as courts offirst instance to people'scourts at lower levels for trial. If a people'scourt at a lower levelthat has jurisdiction over a civil case as courtof first instance deemsit necessary to have the case to be tried by apeople's court at a higherlevel, it may submit it to and requestthe people's court at a higherlevel to try the case.
Chapter III Trial Organization
Article 40The people's court of first instance shall trycivil cases by a collegialpanel composed of both judges and judicialassessors or of judges alone.The collegial panel must have an odd number ofmembers.Civil cases in which summary procedure isfollowed shall be tried by asingle judge alone.When performing their duties, the judicial assessors shall have equalrights and obligations as the judges.
Article 41The people's court of second instance shall trycivil cases by a collegialpanel of judges. The collegial panel must havean odd number of members.For the retrial of a remanded case, the people'scourt of first instanceshall form a new collegial panel in accordancewith the procedure of firstinstance. If a case for retrial was originallytried at first instance, anew collegial panel shall be formed according tothe procedure of firstinstance; if the case was originally tried at second instance or wasbrought by a people's court at a higherlevel to it for trial, a newcollegial panel shall be formed according to the procedure of secondinstance.
Article 42The president of the court or the chief judge ofa division of the courtshall designate a judge to serve as thepresiding judge of the collegialpanel; if the president or the chief judgeparticipates in the trial, hehimself shall serve as the presidingjudge.
Article 43When deliberating a case, a collegialpanel shall observe the rule ofmajority. The deliberations shall be recorded in writing, and thetranscript shall be signed by the members of thecollegial panel.Dissenting opinions in the deliberations must betruthfully entered in thetranscript.Article 44The judicial officers shall deal with all cases impartially and inaccordance with the law.The judicial officers shall not accept any treator gift from the partiesor their agents ad litem.Any judicial officer who commits embezzlement, accepts bribes, engages inmalpractice for personal benefits or who perverts the law in passingjudgment shall be investigated forlegal responsibility; if the actconstitutes a crime, the offender shall be investigated for criminalresponsibility according to the law. Chapter IV Withdrawal
Article 45A judicial officer shall of himself withdraw from the case, and theparties thereto shall be entitled to applyorally or in writing for hiswithdrawal in any of the followingcircumstances:(1) he being a party to the case or a nearrelative of a party or an agentad litem in the case;(2) he being an interested party in the case;or(3) he having some other kind of relationshipwith a party to the case,which might affect the impartiality of thetrial.The above provisions shall also apply to clerks, interpreters, expertwitnesses and inspection personnel.Article 46In applying for the withdrawal, the party shall state the reason andsubmit the application at the beginning of the proceedings; theapplication may also be submitted before theclosing of arguments in courtif the reason for the withdrawal is known to him only after theproceedings begin.Pending a decision by the people's courtregarding the withdrawal appliedfor, the judicial officer concerned shall temporarily suspend hisparticipation in the proceedings, with theexception, however, of casesthat require the taking of emergencymeasures.Article 47The withdrawal of the presiding judge who ispresident of the court shallbe decided by the judicial committee; thewithdrawal of judicial officersshall be decided by the court president; and the withdrawal of otherpersonnel by the presiding judge.Article 48The decision of a people's court on anapplication made by any party forwithdrawal shall be made orally or in writingwithin three days after theapplication was made. If the applicant is notsatisfied with the decision,he may apply for reconsideration which could begranted only once. Duringthe period of reconsideration, the person whose withdrawal has beenapplied for shall not suspend his participationin the proceedings. Thedecision of a people's court on thereconsideration shall be made withinthree days after receiving theapplication and the applicant shall benotified of it accordingly. Chapter V Participants in Proceedings
Section 1 Parties
Article 49Any citizen, legal person and any otherorganization may become a party toa civil action.Legal persons shall be represented by theirlegal representatives in thelitigation. Other organizations shall berepresented by their principalheads in the proceedings.
Article 50Parties to an action shall have the rightto appoint agents, apply forwithdrawals, collect and provide evidence, proffer arguments, requestconciliation, file an appeal and apply forexecution.Parties to an action may have access tomaterials pertaining to the caseand make copies thereof and other legaldocuments pertaining to the case.The scope of and rules for consulting and makingcopies of them shall bespecified by the Supreme People's Court.Parties to an action must exercise theirlitigation rights in accordancewith the law, observe the procedures and carry out legally effectivewritten judgments or orders and conciliationstatements.Article 51The two parties may reach a compromise of theirown accord.Article 52The plaintiff may relinquish or modify hisclaims. The defendant may admitor rebut the claims and shall have the right tofile counterclaims.Article 53When one party or both parties consist of two ormore than two persons,their object of action being the same orof the same category and thepeople's court considers that, with the consentof the parties, the actioncan be tried combined, it is a jointaction.If a party of two or more persons to a jointaction have common rights andobligations with respect to the object of actionand the act of any one ofthem is recognized by the others of the party,such an act shall be validfor all the rest of the party; if a party of twoor more persons have nocommon rights and obligations with respect tothe object of action, theact of any one of them shall not be valid forthe rest.Article 54If the persons comprising a party to a jointaction is large in number,the party may elect representatives from amongthemselves to act for themin the litigation. The acts of such representatives in the litigationshall be valid for the party they represent. However, modification orwaiver of claims or admission of the claims ofthe other party or pursuinga compromise with the other party by therepresentatives shall be subjectto the consent of the party theyrepresent.
Article 55Where the object of action is of the same category and the personscomprising one of the parties is largebut uncertain in number at thecommencement of the action, the people's courtmay issue a public notice,stating the particulars and claims of the case and informing thoseentitled to participate in the action toregister their rights with thepeople's court within a fixed period oftime.Those who have registered their rights with thepeople's court may electrepresentatives from among themselves to proceedwith the litigation; ifthe election fails its purpose, suchrepresentatives may be determined bythe people's court through consultationwith those who have registeredtheir rights with the court.The acts of such representative in thelitigation shall be valid for theparty they represent; however, modification or waiver of claims oradmission of the claims of the other party orpursuing a compromise withthe other party by the representatives shall besubject to the consent ofthe party they represent.The judgments or written orders rendered by thepeople's court shall bevalid for all those who have registered theirrights with the court. Suchjudgments or written orders shall apply to thosewho have not registeredtheir rights but have instituted legal proceedings during period oflimitation of the action.Article 56If a third party considers that he has anindependent claim to the objectof action of both parties, he shall have theright to bring an action.Where the outcome of the case will affect athird party's legal interest,such party, though having no independent claimto the object of action ofboth parties, may file a request to participatein the proceedings or thepeople's court shall notify the third party toparticipate. A third partythat is to bear civil liability in accordancewith the judgment of thepeople's court shall be entitled to the rightsand obligations of a partyin litigation.
Section 2 Agents adLitem
Article 57Any person with no legal capacity to engage inlitigation shall have hisguardian or guardians as statutory agents to actfor him in a lawsuit. Ifthe statutory agents try to shift responsibilityas agents ad litem uponone another, the people's court shall appointone of them to represent theperson in litigation.Article 58A party to an action, or statutory agent mayappoint one or two persons toact as his agents ad litem.A lawyer, a near relative of the party, a personrecommended by a relevantsocial organization or a unit to whichthe party belongs or any othercitizen approved by the people's court maybe appointed as the party'sagent ad litem.Article 59When a person appoints another to act on hisbehalf in litigation, he mustsubmit to the people's court a power of attorneybearing his signature orseal.The power of attorney must specify the mattersentrusted and the powersconferred. An agent ad litem must obtain specialpowers from his principalto admit, waive or modify claims, or to compromise or to file acounterclaim or an appeal.A power of attorney mailed or delivered throughothers by a citizen of thePeople's Republic of China residing abroad must be certified by theChinese embassy or consulate accredited to that country. If there is noChinese embassy or consulate in that country,the power of attorney mustbe certified by an embassy or a consulate of athird country accredited tothat country that has diplomatic relations withthe People's Republic ofChina, and then transmitted for authenticationto the embassy or consulateof the People's Republic of China accredited tothat third country, or itmust be certified by a local patriotic overseasChinese organization.Article 60A party to an action shall inform thepeople's court in writing if hechanges or revokes the powers of an agent adlitem, and the court shallnotify the other party of the change orrevocation.Article 61A lawyer who serves as an agent ad litem andother agents ad litem shallhave the right to investigate and collectevidence, and may have access tomaterials pertaining to the case. The scope ofand rules for consultingmaterials pertaining to the case shall be specified by the SupremePeople's Court.Article 62In a divorce case in which the parties to theaction have been representedby their agents ad litem, the partiesthemselves shall still appear incourt in person, unless they are incapable ofexpressing their own will. Aparty who is truly unable to appear in court dueto a special reason shallsubmit his views in writing to the people'scourt. Chapter VI Evidence
Article 63Evidence shall be classified as follows:(1) documentary evidence;(2) material evidence;(3) audio-visual material;(4) testimony of witnesses;(5) statements of the parties;(6) expert conclusions; and(7) records of inspection.The above-mentioned evidence must be verifiedbefore it can be taken as abasis for ascertaining a fact.Article 64It is the duty of a party to an action toprovide evidence in support ofhis allegations.If, for objective reasons, a party and his agentad litem are unable tocollect the evidence by themselves or if thepeople's court considers theevidence necessary for the trial of thecase, the people's court shallinvestigate and collect it.The people's court shall, in accordance with theprocedure prescribed bythe law, examine and verify evidencecomprehensively and objectively.Article 65The people's court shall have the right to makeinvestigation and collectevidence from the relevant units or individuals;such units or individualsmay not refuse to provide information andevidence.The people's court shall verify theauthenticity, examine and determinethe validity of the certifying documentsprovided by the relevant units orindividuals.Article 66Evidence shall be presented in courtand cross-examined by the partiesconcerned. But evidence that involvesState secrets, trade secrets andpersonal privacy shall be kept confidential. Ifit needs to be presentedin court, such evidence shall not be presentedin an open court session.Article 67The people's court shall take the acts, factsand documents legalized bynotarization according to legal procedures asthe basis for ascertainingfacts, unless there is evidence to the contrarysufficient to invalidatethe notarization.Article 68Any document submitted as evidence must be theoriginal. Material evidencemust also be original. If it is truly difficultto present the originaldocument or thing, then reproductions,photographs, duplicates or extractsof the original may be submitted.If a document in a foreign language is submittedas evidence, a Chinesetranslation must be appended.
Article 69The people's court shall verify audio-visualmaterials and determine aftertheir examination in the light of other evidencein the case whether theycan be taken as a basis for ascertaining thefacts.Article 70All units and individuals who have knowledge ofa case shall be under theobligation of giving testimony in court.Responsible heads of the relevantunits shall support the witnesses togive testimony. When it is trulydifficult for a witness to appear in court, hemay, with the consent ofthe people's court, submit a writtentestimony.Any person who is incapable of expressing hiswill properly shall not givetestimony.Article 71The people's court shall examine the statementsof the parties concernedin the light of other evidence in the case to determine whether thestatements can be taken as a basis forascertaining the facts.The refusal of a party to make statements shallnot prevent the people'scourt from ascertaining the facts of a case on the basis of otherevidence.Article 72When the people's court deems it necessary tomake an expert evaluation ofa problem of a technical nature, it shall refer the problem to adepartment authorized by the law for theevaluation. In the absence ofsuch a department, the people's court shallappoint one to make the expertevaluation.The authorized department and theexperts designated by the departmentshall have the right to consult the case materials necessary for theevaluation and question the parties andwitnesses when circumstances sorequire.The authorized department and the experts itdesignated shall present awritten conclusion of the evaluation duly sealedor signed by both. If theevaluation is made by an expert alone, the unit to which the expertbelongs shall certify his status byaffixing its seal to the expert'sconclusion.Article 73When inspecting material evidence or a site,the inspector must producehis credentials issued by a people's court.He shall request the localgrass-roots organization or the unit towhich the party to the actionbelongs to send persons to participate in the inspection. The partyconcerned or an adult member of his family shallbe present; their refusalto appear on the scene, however, shall nothinder the inspection. Uponnotification by the people's court,the relevant units and individualsshall be under the obligation of preservingthe site and assisting theinspection. The inspector shall make a written record of thecircumstances and results of the inspection,which shall be duly signed orsealed by the inspector, the party concerned and the participantsrequested to be present.
Article 74Under circumstances where there is a likelihood that evidence may bedestroyed or lost, or difficult to obtain later,the participants in theproceedings may apply to the people's court for preservation of theevidence. The people's court may also on its owninitiative take measuresto preserve such evidence. Chapter VII Time Periods and Service
Section 1 Time Periods
Article 75Time periods shall include those prescribed by the law and thosedesignated by a people's court.Time periods shall be calculated by the hour,the day, the month and theyear. The hour and day from whicha time period begins shall not becounted as within the time period.If the expiration date of a time period falls ona holiday, then the dayimmediately following the holidayshall be regarded as the expirationdate.A time period shall not includetravelling time. A litigation documentthat is mailed before the deadline shall not beregarded as overdue.Article 76In case of failure on the part of a party to anaction to meet a deadlinedue to force majeure or for other justifiedreasons, the party concernedmay apply for an extension of the timelimit within 10 days after theobstacle is removed. The extension applied for shall be subject toapproval by a people's court.
Section 2 Service
Article 77A receipt shall be required for every litigationdocument that is servedand it shall bear the date of receipt noted bythe signature or seal ofthe person on whom the document wasserved.The date noted on the receipt by the person on whom the document wasserved shall be regarded as the date of service of the document.Article 78Litigation documents shall be sent or delivereddirectly to the person onwhom they are to be served. If that personis a citizen, the documentsshall, in case of his absence, be receiptedby an adult member of hisfamily living with him. If theperson on whom they are to be served is alegal person or any other organization, thedocuments shall be receiptedby the legal representatives of the legal personor the principal heads ofthe other organization or anyone of the legal person or the otherorganization responsible for receiving suchdocuments; if the person onwhom they are to be served has an agent adlitem, the documents may bereceipted by the agent ad litem; if the personon whom they are to beserved has designated a person to receive litigation documents on hisbehalf and has informed the people's court ofit, the documents may bereceipted by the person designated.The date put down in the receipt and signedby the adult family memberliving with the person or whom the litigationdocuments are to be served,or by the person responsible for receivingdocuments of a legal person orany other organization, or by the agent adlitem, or the person designatedto receive documents shall be deemed the date ofservice of the documents.
Article 79If the person on whom the litigation documentsare to be served or theadult family member living with him refuses toreceive the documents, theperson serving the documents shall askrepresentatives from the relevantgrass-roots organization or the unitto which the person on whom thedocuments are to be served belongs to appearon the scene, explain thesituation to them, and record on the receipt thereasons of the refusaland the date of it. After the person serving the documents and thewitnesses have affixed theirsignatures or seals to the receipt, thedocuments shall be left at the place where theperson on whom they are tobe served lives and the service shall be deemedcompleted.Article 80If direct service proves to be difficult,service of litigation documentsmay be entrusted to another people's court, or done by mail. If thedocuments are served by mail, the date stated onthe receipt for postaldelivery shall be deemed the date of service ofthe documents.Article 81If the person on whom the litigationdocuments are to be served is amilitary-man, the documents shall be forwarded to him through thepolitical organ of the unit at or above theregimental level in the forceto which he belongs.Article 82If the person on whom the litigation documentsare to be served is inimprisonment, the documents shall be forwardedto him through the prisonauthorities or the unit of reform through labour where the person isserving his term.If the person on whom the litigation documents are to be served isundergoing rehabilitation through labour, thedocuments shall be forwardedto him through the unit of his rehabilitationthrough labour.Article 83The organization or unit thatreceives the litigation documents to beforwarded must immediately deliver them to andhave them receipted by theperson on whom they are to be served. The datestated on the receipt shallbe deemed the date of service of thedocuments.Article 84If the whereabouts of the person on whom thelitigation documents are tobe served is unknown, or if the documents cannotbe served by the othermethods specified in this Section, the documentsshall be served by publicannouncement. Sixty days after the public announcement is made, thedocuments shall be deemed to have beenserved.The reasons for service by public announcement and the process gonethrough shall be recorded in the casefiles. Chapter VIII Conciliation
PART TWO TRIAL PROCEDURE Chapter XII Ordinary Procedure of FirstInstance
Section 1 Bringing a Lawsuit andEntertaining a Case
Article 108The following conditions must be met when alawsuit is brought:(1) the plaintiff must be a citizen, legal person or any otherorganization that has a direct interest in thecase;(2) there must be a definite defendant;(3) there must be specific claim or claims,facts, and cause or causes forthe suit; and(4) the suit must be within the scope ofacceptance for civil actions bythe people's court and under the jurisdiction ofthe people's court wherethe suit is entertained.Article 109When a lawsuit is brought, a statement ofcomplaint shall be submitted tothe people's court, and copies of the statement shall be providedaccording to the number of defendants.If the plaintiff has genuine difficultyin presenting the statement ofcomplaint in writing, he may state his complaint orally; the people'scourt shall transcribe the complaint andinform the other party of itaccordingly.Article 110A statement of complaint shall clearly set forththe following:(1) the name, sex, age, ethnicstatus, occupation, work unit and homeaddress of the parties to the case; if theparties are legal persons orany other organizations, their names, addressesand the names and posts ofthe legal representatives or the principalheads.(2) the claim or claims of the suit, the factsand grounds on which thesuit is based; and(3) the evidence and its source, as well as thenames and home addressesof the witnesses.
Article 111The people's court must entertain the lawsuitsfiled in conformity withthe provisions of Article 108 of this Law. With respect to lawsuitsdescribed below, the people's court shall dealwith them in the light oftheir specific circumstances:(1) for a lawsuit within the scope ofadministrative actions in accordancewith the provisions of the Administrative Procedure Law, the people'scourt shall advise the plaintiff to instituteadministrative proceedings;(2) if, according to the law, both parties have on a voluntary basisreached a written agreement to submit their contract dispute to anarbitral organ for arbitration, they may notinstitute legal proceedingsin a people's court. The people'scourt shall advise the plaintiff toapply to the arbitral organ forarbitration;(3) in case of disputes which, according to thelaw, shall be dealt withby other organs, the people's court shall advisethe plaintiff to apply tothe relevant organ for settlement;(4) with respect to cases that are not under its jurisdiction, thepeople's court shall advise the plaintiff to bring a lawsuit in thecompetent people's court;(5) with respect to cases in which a judgment ororder has already takenlegal effect, but either party brings asuit again, the people's courtshall advise that party to file an appealinstead, except when the orderof the people's court is one that permits thewithdrawal of a suit;(6) with respect to an action that may notbe filed within a specifiedperiod according to the law, it shall not beentertained, if it is filedduring that period.(7) in a divorce case in which a judgment hasbeen made disallowing thedivorce, or in which both parties have become reconciled afterconciliation, or in a case concerningadoptive relationship in which ajudgment has been made or conciliation has beensuccessfully conducted tomaintain the adoptive relation-ship, if theplaintiff files a suit againwithin six months in the absence of any newdevelopments or new reasons,it shall not be entertained.
Article 112When a people's court receives a statement of complaint or an oralcomplaint and finds after examination that itmeets the requirements foracceptance, the court shall place the case onthe docket within seven daysand notify the parties concerned; if it does notmeet the requirements foracceptance the court shall make an order withinseven days to reject it.The plaintiff, if not satisfied with the order,may file an appeal.
Section 2 Preparations forTrial
Article 113The people's court shall send a copy of thestatement of complaint to thedefendant within five days after docketingthe case, and the defendantshall file a defence within 15 days from receipt of the copy of thestatement of complaint. When thedefendant files a defence, the people'scourt shall send a copy of it to the plaintiffwithin five days from itsreceipt. Failure by the defendant to file adefence shall not prevent thecase from being tried by the people'scourt.Article 114The people's court shall, with respect to caseswhose acceptance has beendecided, inform the parties in the notificationof acceptance and in thenotification calling for responses to the action of their relevantlitigation rights and obligations of whichthe parties may likewise be
informed orally.Article 115The parties shall be notified within three daysafter the members of thecollegial panel are determined.Article 116The judicial officers must carefully examine andverify the case materialsand carry out investigations and collection ofnecessary evidence.
Article 117The personnel sent by a people'scourt to conduct investigations shallproduce their credentials before the person tobe investigated.The written record of an investigationshall be checked by the personinvestigated and then signed or sealed by boththe investigator and theinvestigated.Article 118A people's court may, when necessary, entrust apeople's court in anotherlocality with the investigations.The entrusting people's court shall clearly setout the matters for andrequirements of the entrusted investigations.The entrusted people's courtmay on its own initiative conduct supplementaryinvestigations.The entrusted people's court shall complete theinvestigations within 30days after receiving the commission inwriting. If for some reason itcannot complete the investigations, the saidpeople's court shall notifythe entrusting people's court in writing withinthe above-mentioned timelimit.Article 119If a party who must participate in a jointaction fails to participate inthe proceedings, the people's court shall notifyhim to participate.
Section 3 Trial inCourt
Article 120Civil cases shall be tried in public, except forthose that involve Statesecrets or personal privacy or are to be triedotherwise as provided bythe law.A divorce case or a case involvingtrade secrets may not be heard inpublic if a party so requests.Article 121For civil cases, the people's court shall, whenever necessary, go oncircuit to hold trials on the spot.Article 122For civil cases, the people's court shallnotify the parties and otherparticipants in the proceedings three daysbefore the opening of a courtsession. If a case is to be tried in public, thenames of the parties, thecause of action and the time and location of thecourt session shall beannounced publicly.Article 123Before a court session is called to order, thecourt clerk shall ascertainwhether or not the parties and otherparticipants in the proceedings arepresent and announce the rules of order of thecourt.At the beginning of a court session, thepresiding judge shall check theparties present, announce the cause of action and the names of thejudicial officers and court clerks, inform theparties of their relevantlitigation rights and obligations and ask theparties whether or not theywish to apply for the withdrawal of any courtpersonnel.
Article 124Court investigation shall be conducted in thefollowing order:(1) statements by the parties;(2) informing the witnesses of their rights and obligations, givingtestimony by the witnesses and reading of the written statements ofabsentee witnesses;(3) presentation of documentary evidence, material evidence andaudio-visual material;(4) reading of expert conclusions; and(5) reading of records of inspection.Article 125The parties may present new evidence during acourt session.With the permission of the court, the parties may put questions towitnesses, expert witnesses andinspectors.Any request by the parties concerned for a new investigation, expertevaluation or inspection shall be subject to theapproval of the people'scourt.Article 126Additional claims by the plaintiff,counterclaims by the defendant andthird-party claims related to the case may betried in combination.Article 127Court debate shall be conducted in the followingorder:(1) oral statements by the plaintiff and hisagents ad litem;(2) defence by the defendant and his agents adlitem;(3) oral statement or defence by the third partyand his agents ad litem;(4) debate between the two sides.At the end of the court debate, the presidingjudge shall ask each side,first the plaintiff, then the defendant, andthen the third party, fortheir final opinion respectively.Article 128At the end of the court debate, a judgment shallbe made according to thelaw. Where conciliation is possible prior tothe rendering of a judgment,conciliation efforts may be made; if conciliation proves to beunsuccessful, a judgment shall be made withoutdelay.Article 129If a plaintiff, having been served with asummons, refuses to appear incourt without justified reasons, or if hewithdraws during a court sessionwithout the permission of the court, the case may be considered aswithdrawn by him; if the defendant files acounterclaim in the mean time,the court may make a judgment bydefault.
Article 130If a defendant, having been served with asummons, refuses to appear incourt without justified reasons, or if hewithdraws during a court sessionwithout the permission of the court, thecourt may make a judgment bydefault.Article 131If a plaintiff applies for withdrawal of thecase before the judgment ispronounced, the people's court shall decide whether to approve ordisapprove it. If withdrawal of the case is notallowed by an order of thepeople's court, and the plaintiff,having been served with a summons,refuses to appear in court without justifiedreasons, the people's courtmay make a judgment by default.Article 132Under any of the following circumstances, thetrial may be adjourned:(1) the parties concerned and other participants in the proceedingsrequired to appear in court fail to do so forjustified reasons;(2) any party concerned makes an extemporeapplication for the withdrawalof a judicial officer; or(3) it is necessary to summon new witnesses to court, collect newevidence, make a new expertevaluation, new inspection, or to make asupplementary investigation; or(4) other circumstances that warrant theadjournment.Article 133The court clerk shall make a written record of the entire courtproceedings, which shall be signed by him andthe judicial officers.The court record shall be read out in court, orelse the parties and otherparticipants in the proceedings may be notifiedto read the record whilein court or within five days. If they considerthat there are omissions orerrors in the record of their own statements, the parties or otherparticipants in the proceedings shall have the right to apply forrectifications. If such rectifications are notmade, the application shallbe placed on record in the case file.The court record shall be signed or sealed by the parties and otherparticipants in the proceedings. Refusal to doso shall be put on recordin the case file.Article 134The people's court shall publicly pronounceits judgment in all cases,whether publicly tried or not.If a judgment is pronounced in court, thewritten judgment shall be issuedand delivered within ten days; if ajudgment is pronounced later on afixed date, the written judgment shallbe issued and given immediatelyafter the pronouncement.Upon pronouncement of a judgment, the partiesconcerned must be informedof their right to file an appeal, the time limitfor appeal and the courtto which they may appeal.Upon pronouncement of a divorce judgment, theparties concerned must beinformed not to remarry before the judgmenttakes legal effect.
Article 135A people's court trying a case in which the ordinary procedure isfollowed, shall conclude the case within sixmonths after docketing thecase. Where an extension of the period is necessary under specialcircumstances, a six-month extension may be allowed subject to theapproval of the president of the court. Further extension, if needed,shall be reported to the people's court at ahigher level for approval.
Section 4 Suspension andTermination of Legal Proceedings
Article 136Legal proceedings shall be suspended in any of the followingcircumstances:(1) one of the parties dies and it is necessaryto wait for the heir orheiress to make clear whether to participate ornot in the proceedings;(2) one of the parties has lost the capacity toengage in litigation andhis agent ad item has not been designatedyet;(3) the legal person or any other organizationas one of the parties hasdissolved, and the successor to its rights andobligations has not beendetermined yet;(4) one of the parties is unable toparticipate in the proceedings forreasons of force majeure;(5) the adjudication of the case pending isdependent on the results ofthe trial of another case that has not yet beenconcluded; or(6) other circumstances that warrant thesuspension of the litigation.The proceedings shall resume after the causes ofthe suspension have beeneliminated.Article 137Legal proceedings shall be terminated in any of the followingcircumstances:(1) the plaintiff dies without a successor, orthe successor waives theright to litigate;(2) the decedent leaves no estate, nor anyone to succeed to hisobligations;(3) one of the parties in a divorce case dies;or(4) one of the parties dies who is a claimant to alimony, support forelders or children or to the termination ofadoptive relationship.
Section 5 Judgment andOrder
Article 138A judgment shall clearly set forth thefollowing:(1) cause of action, the claims, facts and causeor causes of the dispute;(2) the facts and causes as found in the judgment and the basis ofapplication of the law;(3) the outcome of adjudication and the costs tobe borne; and(4) the time limit for filing an appeal and theappellate court with whichthe appeal may be filed.The judgment shall be signed by the judicialofficers and the court clerk,with the seal of the people's court affixed toit.
Article 139If some of the facts in a case being tried by the people's court arealready evident, the court may pass judgmenton that part of the casefirst.Article 140An order in writing is to be made in any of thefollowing conditions:(1) refusal to entertain a case;(2) objection to the jurisdiction of acourt;(3) rejection of a complaint;(4) property preservation and advanceexecution;(5) approval or disapproval of withdrawal of asuit;(6) suspension or termination of legalproceedings;(7) correction of errata in the judgment;(8) suspension or termination ofexecution;(9) refusal to enforce an arbitrationaward;(10) refusal to enforce a document of a notary office evidencing therights of a creditor and entitling him to itscompulsory execution;(11) other matters to be decided in the form ofan order in writing.An appeal may be lodged against an order inwriting in Items (1), (2) and(3) mentioned above.An order in writing shall be signed by thejudicial officers and the courtclerk, with the seal of the people's courtaffixed to it. If it is issuedorally, the order shall be entered in therecord.Article 141All judgments and written orders of the SupremePeople's Court, as well asjudgments and written orders that may not beappealed against according tothe law or that have not been appealed againstwithin the prescribed timelimit, shall be legally effective. Chapter XIII Summary Procedure
Article 142When trying simple civil cases in which thefacts are evident, the rightsand obligations clear and the disputestrivial in character, the basicpeople's courts and the tribunals dispatched by them shall apply theprovisions of this Chapter.Article 143In simple civil cases, the plaintiff may lodgehis complaint orally.The two parties concerned may at the same time come before a basicpeople's court or a tribunal dispatched byit for a solution of theirdispute. The basic people's court or thetribunal it dispatched may trythe case immediately or set a date for thetrial.Article 144In trying a simple civil case, the basicpeople's court or the tribunaldispatched by it may use simplified methodsto summon at any time theparties and witnesses.Article 145Simple civil cases shall be tried by a singlejudge alone and the trial ofsuch cases shall not be bound by the provisionsof Articles 122, 124, and127 of this Law.Article 146The people's court trying a case in whichsummary procedure is followedshall conclude the case within three monthsafter placing the case on thedocket. Chapter XIV Procedure of Second Instance
Article 147If a party refuses to accept ajudgment of first instance of a localpeople's court, he shall have the right to file an appeal with thepeople's court at the next higher level within15 days after the date onwhich the written judgment was served.If a party refuses to accept a written order offirst instance of a localpeople's court, he shall have the right to filean appeal with a people'scourt at the next higher level within 10 daysafter the date on which thewritten order was served.Article 148For filing an appeal, a petition for the purposeshall be submitted. Thecontent of the appeal petition shall include thenames of the parties, thenames of the legal persons and theirlegal representatives or names ofther organizations and their principal heads;the name of the people'scourt where the case was originally tried; filenumber of the case and thecause of action; and the claims of the appealand the reasons.Article 149The appeal petition shall be submitted throughthe people's court whichoriginally tried the case, and copies of itshall be provided according tothe number of persons in the other party or of the representativesthereof.If a party appeals directly to a people's courtof second instance, thesaid court shall within five daystransmit the appeal petition to thepeople's court which originally tried thecase.Article 150The people's court which originally tried thecase shall, within five daysafter receiving the appeal petition, servea copy of it on the otherparty, who shall submit his defence within 15days from the receipt ofsuch copy. The people's court shall, within fivedays after receiving thedefence, serve a copy of it on the appellant.Failure by the other partyto submit a defence shall not prevent the casefrom being tried by thepeople's court.After receiving the appeal petition and thedefence, the people's courtwhich originally tried the caseshall, within five days, deliver themtogether with the entire case file and evidenceto the people's court ofsecond instance.Article 151With respect to an appealed case, the people'scourt of second instanceshall review the relevant facts and theapplication of the law.Article 152With respect to a case on appeal, the people'scourt of second instanceshall form a collegial panel to conduct thetrial. After verification ofthe facts of the case through consulting thefiles, making investigationsand questioning the parties, if the collegialpanel considers that it isnot necessary to conduct a trial, it maymake a judgment or a writtenorder directly.The people's court of second instance may try acase on appeal at its ownsite or in the place where the case originatedor where the people's courtwhich originally tried the case islocated.
Article 153After trying a case on appeal, the people's court of second instanceshall, in the light of the following situations, dispose of itaccordingly:(1) if the facts were clearly ascertained and the law was correctlyapplied in the original judgment, the appealshall be rejected in the formof a judgment and the original judgment shall beaffirmed;(2) if the application of the law was incorrectin the original judgment,the said judgment shall be amended according tothe law;(3) if in the original judgment the facts wereincorrectly or not clearlyascertained and the evidence was insufficient, the people's court ofsecond instance shall make a written order toset aside the judgment andremand to case to the original people's courtfor retrial, or the people'scourt of second instance may amend thejudgment after investigating andclarifying the facts; or(4) if there was violation of legal procedure in making the originaljudgment, which may have affected correctadjudication, the judgment shallbe set aside by a written order andthe case remanded to the originalpeople's court for retrial. Theparties concerned may appeal against thejudgment or written order rendered in a retrialof their case.Article 154The people's court of second instance shalldecide in the form of ordersin writing all cases of appeal againstthe written orders made by thepeople's court of first instance.Article 155In dealing with a case on appeal, a people'scourt of second instance mayconduct conciliation. If an agreement is reachedthrough conciliation, aconciliation statement shall be made and signedby the judicial officersand the court clerk, with the seal of thepeople's court affixed to it.After the conciliation statement has beenserved, the original judgment ofthe lower court shall be deemed as setaside.Article 156If an appellant applies for withdrawal ofhis appeal before a people'scourt of second instance pronounces itsjudgment, the court shall decidewhether to approve the application or not.Article 157In the trial of a case onappeal, the people's court of second instanceshall, apart from observing the provisionsof this Chapter, follow theordinary procedure for trials of firstinstance.
Article 158he judgment and the written order of a people'scourt of second instanceshall be final.Article 159The people's court trying a case on appeal shallconclude the case withinthree months after docketing the case. Any extension of the periodnecessitated by special circumstances shall besubject to the approval ofthe president of the court.The people's court trying a case on appealagainst a written order shall,within 30 days after docketing the case forsecond instance trial, make awritten order which is final. Chapter XV Special Procedure
Section 1 GeneralProvisions
Article 160When the people's courts try cases concerningthe qualification of voters,the declaration of a person as missing or dead,the adjudgment of legalincapacity or restricted legal capacity of acitizen and the adjudgment ofa property as ownerless, the provisions of thisChapter shall apply. Formatters not covered in this Chapter, therelevant provisions of this Lawand other laws shall apply .Article 161In cases tried in accordance with the procedureprovided in this Chapter,the judgment of first instance shallbe final . A collegial panel ofjudges shall be formed for the trial of any case in involving thequalification of voters or of any major,difficult or complicated case;other cases shall be tried by a single judgealone.Article 162If a people's court, while trying a case inaccordance with the procedureprovided in this Chapter, finds that thecase involves a civil disputeover rights and interests, it shall make awritten order to terminate thespecial procedure and inform the interestedparties to otherwise instituteand action.Article 163A people's court trying a case in which special procedure is followedshall conclude the case within 30days after placing the case on thedocket or within 30 days after expirationof the period stated in thepublic notice. Any extension of thetime limit necessitated by specialcircumstances shall be subject to the approvalof the president of thecourt, excepting, however, a case concerning thequalification of voters.
Section 2 CasesConcerning the Qualification of VotersArticle 164If a citizen refuses to accept an election committee's decision on anappeal concerning his voting qualification, hemay, five days before theelection day, bring a suit in thebasic people's court located in theelectoral district.Article 165After entertaining a case concerning voting qualification, a people'scourt must conclude the trial before theelection day.The party who brings the suit, the representative of the electioncommittee and other citizens concerned must participate in theproceedings.The written judgment of the people's court shallbe served on the electioncommittee and the party who brings the suitbefore the election day; othercitizens concerned shall be notified of thejudgment.
Section 3 Cases Concerning theDeclaration of a Person as Missing or Dead
Article 166With respect to a citizen whose whereabouts areunknown for two years infull, if the interested party applies fordeclaring the person as missing,the application shall be filed with the basic people's court in thelocality where the missing person has hisdomicile.The application shall clearly state the facts and time of thedisappearance of the person missing aswell as the motion; documentaryevidence from a public security organ or otherrelevant organs concerningthe disappearance of the citizen shall beappended to the application.Article 167With respect to a citizen whose whereabouts areunknown for four years infull or whose whereabouts are unknownfor two years in full after anaccident in which he was involved, orwith respect to a citizen whosewhereabouts are unknown after such an accident,and, upon proof furnishedby the relevant authorities that it isimpossible for him to survive, ifthe interested party applies for declaring such person as dead, theapplication shall be filed with the basicpeople's court in the localitywhere the missing person has his domicile.The application shall clearly state the facts and time of thedisappearance as well as the motion; documentaryevidence from a publicsecurity organ or other relevant organsconcerning the disappearance ofthe citizen shall be appended to theapplication.Article 168After entertaining a case concerning the declaration of a person asmissing or dead, the people's court shall issuea public notice in searchof the person missing. The period of thepublic notice for declaring aperson as missing shall be three months, andthat for declaring a personas dead shall be one year. Where a citizen'swhereabouts are unknown afteran accident in which he was involvedand, upon proof furnished by therelevant authorities that it is impossible forhim to survive, the periodof the public notice for proclaiming such personas dead shall be threemonths.On the expiration of the period of the publicnotice, the people's courtshall, depending on whether the fact of themissing or death of the personhas been confirmed, make a judgment declaringthe person missing or deador make a judgment rejecting theapplication.Article 169If a person who has been declared missingor dead by a people's courtreappears, the people's court shall, upon theapplication of that personor of an interested party, make a new judgmentand annul the previous one.
Section 4 Cases Concerning theAdjudgment of Legal Incapacity orRestricted Legal Capacity of Citizens
PART THREE PROCEDUREOF EXECUTION Chapter XX General ProvisionsArticle 170An application for adjudgment of legal incapacity or restricted legalcapacity of a citizen shall be filed by thecitizen's near relatives orany other interested party with the basicpeople's court in the localitywhere the citizen has his domicile.The application shall clearly state the fact andgrounds of the citizen'slegal incapacity or restricted legalcapacity.Article 171After accepting such an application, the people's court shall, whennecessary, have an expert evaluation of the citizen of whom thedetermination of legal incapacity or restrictedlegal capacity is sought;if the applicant has already provided an evaluation conclusion, thepeople's court shall examine suchconclusion.Article 172In the trial by the people's court ofa case for the determination oflegal incapacity or restricted legal capacity of a citizen, a nearrelative of the citizen shall be his agent, theapplicant being excluded.If the near relatives of the citizen shift responsibility onto oneanother, the people's court shall appoint one ofthem as agent for thecitizen. If the citizen's condition of healthpermits, the people's courtshall also seek the opinion of the citizen onthe matter.If, through the trial, the people's court findsthat the application isbased on facts, a judgment of legal incapacity or restricted legalcapacity of the citizen shall be made; if the court finds that theapplication is not based on facts, it shall makea judgment rejecting theapplication.Article 173If, upon the application of a person who hasbeen determined as one oflegal incapacity or restricted legal capacity orupon the application ofhis guardian, the people's court confirms thatthe causes of that person'slegal incapacity or restricted legal capacityhave been eliminated, a newjudgment shall be made annulling the previousone.
Section 5 CasesConcerning the Determination of a Property as Ownerless
Article 174An application for determining a property asownerless shall be filed by acitizen, legal person or any other organizationwith the basic people'scourt in the place where the property islocated.The application shall clearly state the type andquantity of the propertyand the grounds on which the application fordetermining the property asownerless is filed.
Article 175The people's court shall, after acceptingsuch an application and uponexamination and verification of it, issue apublic notice calling on theowner to claim the property. If no one claimsthe property one year afterthe issue of the public notice, the people'scourt shall make a judgmentdetermining the property as ownerless and turnit over to the State or thecollective concerned.Article 176If, after a property has been determined by ajudgment as ownerless, theowner of the property or his successor appears,such a person may file aclaim for the property within the period oflimitation specified in theGeneral Principles of the Civil Law. The people's court shall, afterexamination and verification of the claim, makea new judgment, annullingthe previous one. Chapter XVI Procedure for Trial Supervision
Article 177If the president of a people's court at anylevel finds definite error ina legally effective judgment or written order ofhis court and deems itnecessary to have the case retried, heshall refer it to the judicialcommittee for discussion and decision.If the Supreme People's Court finds definiteerror in a legally effectivejudgement or written order of a local people'scourt at any level, or if apeople's court at a higher level finds somedefinite error in a legallyeffective judgment or written order of apeople's court at a lower level,it shall respectively have the power to bringthe case up for trial byitself or direct the people's court at a lowerlevel to conduct a retrial.Article 178If a party to an action considers that there is error in a legallyeffective judgment or written order, he mayapply to the people's courtwhich originally tried the case or to a people'scourt at the next higherlevel for a retrial; however, execution of thejudgment or order shall notbe suspended.Article 179If an application made by a party meets any ofthe following conditions,the people's court shall retry the case:(1) there is sufficient new evidence to setaside the original judgment orwritten order;(2) the main evidence on which the facts wereascertained in the originaljudgment or written order wasinsufficient;(3) there was definite error in the applicationof the law in the originaljudgment or written order;(4) there was violation by the people's court ofthe legal procedure whichmay have affected the correctness of thejudgment or written order in thecase; or(5) the judicial officers havecommitted embezzlement, accepted bribes,done malpractices for personalbenefits and perverted the law in theadjudication of the case.The people's court shall reject the applicationthat meets none of theconditions specified above.Article 180With respect to a legally effectiveconciliation statement, if evidencefurnished by a party proves that theconciliation violates the principleof voluntariness or that the content of the conciliation agreementviolates the law, the party may applyfor a retrial. If the foregoingproves true after its examination,the people's court shall retry thecase.
Article 181With respect to a legally effective judgment ondissolution of marriage,neither of the two parties shall apply for aretrial.Article 182Application for a retrial made by a partymust be submitted within twoyears after the judgment or written orderbecomes legally effective.Article 183When a decision is made to retry a case inaccordance with the procedurefor trial supervision, the execution ofthe original judgment shall besuspended by a written order which shall besigned by the president of thecourt with the seal of the people's courtaffixed to it.Article 184With respect to a case pending retrial by apeople's court in accordancewith the procedure for trial supervision, if the legally effectivejudgment or written order was made by a court offirst instance, the caseshall be tried in accordance with the procedureof first instance, and theparties concerned may appeal against the newjudgment or order; if thelegally effective judgment or written order wasmade by a court of secondinstance, the case shall be tried in accordance with the procedure ofsecond instance, and the new judgment or writtenorder shall be legallyeffective; if it is a case which was brought upfor trial by a people'scourt at a higher level, it shall be tried in accordance with theprocedure of second instance, and the newjudgment or written order shallbe legally effective.The people's court shall form a new collegialpanel for the purpose of theretrial.Article 185If the Supreme People's Procuratorate finds that a legally effectivejudgment or written order made by a people'scourt at any level involvesany of the following circumstances, or if apeople's procuratorate at ahigher level finds that a legally effectivejudgment or written order madeby a people's court at a lower level involves any of the followingcircumstances, the Supreme People's Procuratorate or the people'sprocuratorate at a higher levelshall respectively lodge a protest inaccordance with the procedure for trialsupervision:(1) the main evidence for ascertaining the factsin the previous judgmentor written order was insufficient;(2) there was a definite error in the application of the law in theprevious judgment or written order;(3) there was violation by the people's court ofthe legal procedure whichmay have affected the correctness of thejudgment or written order; or(4) the judicial officers havecommitted embezzlement, accepted bribes,done malpractice for personal benefits andperverted the law in the trialof the case. If a local people's procuratorateat any level finds that alegally effective judgment or written order madeby a people's court atthe corresponding level involves any of thecircumstances specified above,it shall refer the matter to the people'sprocuratorate at a higher levelwith the request that a protest be lodged by thelatter in accordance withthe procedure for trial supervision.
Article 186Cases in which protest was made bythe people's procuratorate shall beretried by the people's court.Article 187When a people's procuratorate decides to lodge a protest against ajudgment or written order made by apeople's court, it shall make theprotest in writing.Article 188The people's court shall, in retrying a case inwhich protest was lodgedby a people's procuratorate, notify the procuratorate to sendrepresentatives to attend the courtsession. Chapter XVII Procedure for Hastening DebtRecovery
Article 189When a creditor requests payment of a pecuniary debt or recovery ofnegotiable instruments from a debtor, he may, if the followingrequirements are met, apply to the basic people's court that hasjurisdiction for an order of payment:(1) no other debt disputes exist between thecreditor and the debtor; and(2) the order of payment can be served on thedebtor.The application shall clearly state therequested amount of money or ofthe negotiable instruments and the factsand evidence on the basis ofwhich the application is made.Article 190After the creditor has submitted hisapplication, the people's court shallwithin five days inform the creditor whether itaccepts the application ornot.Article 191After accepting the application andupon examination of the facts andevidence provided by the creditor, the people'scourt shall, if the rightsand obligations relationship between thecreditor and the debtor is clearand legitimate, issue within 15 days afteraccepting the application anorder of payment to the debtor; if the application is unfounded, thepeople's court shall make an order to rejectit.The debtor shall, within 15 days after receiptof the order of payment,clear off his debts or submit to the people's court his dissent inwriting.If the debtor has neither dissented from norcomplied with the order ofayment within the period specified in the preceding paragraph, thecreditor may apply to the people's court forexecution.Article 192The people's court shall, on receiving thedissent in writing submitted bythe debtor, make an order to terminate theprocedure for hastening debtrecovery and the order of paymentshall of itself be invalidated. Thecreditor may bring an action in the people'scourt. Chapter XVIII Procedure for Publicizing Public Notice for Assertion of Claims
Article 193Any holder of a bill transferable by endorsementaccording to the law may,if the bill is stolen, lost, or destroyed,apply to the basic people'scourt of the place where the bill is to be paidfor publication of publicnotice for assertion of claims. The provisionsof this Chapter shall applyto other matters for which,according to the law, an application forpublication of a public notice for assertion ofclaims may be made.The applicant shall submit to the people's court an application whichclearly states the main contents of the billsuch as the face amount, thedrawer, the holder, the endorser, and the factsand reasons in respect ofthe application.Article 194The people's court shall, upon deciding toaccept the application, notifythe payor concerned in the meantime tosuspend the payment, and shall,within three days, issue a public noticefor the interested parties toassert their rights. The period of the publicnotice shall be decided atthe discretion of the people's court; however,it shall not be less than60 days.Article 195The payor shall, upon receiving the notificationby the people's court tosuspend the payment, do so accordingly till the conclusion of theprocedure for publicizing a public notice forassertion of claims.Within the period of the public notice,assignment of rights on the billshall be void.Article 196Interested party or parties as claimants shallreport their claims to thepeople's court within the period of the publicnotice.After receiving the report on the claims byinterested party or parties,the people's court shall make a written order toterminate the procedurefor publicizing public notice forassertion of claims, and notify theapplicant and the payor.The applicant or the claimants may bring anaction in the people's court.Article 197If no claim is asserted, the people's courtshall make a judgment on thebasis of the application to declare the bill inquestion null and void.The judgment shall be published and the payornotified accordingly. As ofthe date of publication of the judgment, theapplicant shall be entitledto payment by the payor.Article 198If an interested party for justifiedreasons was unable to submit hisclaim to the people's court before the judgmentis made, he may, withinone year after the day he knows orshould know the publication of thejudgment, bring an action in the people's court which has made thejudgment. Chapter XIX Procedure for Bankruptcy and DebtRepayment of Legal PersonEnterprises
Article 199If a legal person enterprise has sufferedserious losses and is unable torepay the debts at maturity, the creditors mayapply to a people's courtfor declaring the debtor bankrupt for debts tobe repaid; the debtor maylikewise apply to a people's court for declaringbankruptcy for debts tobe repaid.Article 200After making an order to declare the initiationof the bankruptcy and debtrepayment proceedings, the people's court shallnotify the debtor and theknown creditors within ten days and also make apublic announcement.Creditors who have been notified shall, within30 days after receiving thenotice, and those who have not been notifiedshall, within three monthsafter the date of the announcement, lodge theirclaims with the people'scourt. Creditors who fail to lodge their claims during the respectiveperiods shall be deemed to have abandoned theirrights.Creditors may organize a creditors' meeting todiscuss and approve of aformula for the disposition and distribution ofbankrupt property, or fora composition agreement.Article 201The people's court may appoint a liquidationcommission formed by relevantstate organs and persons concerned. Theliquidation commission shall takecharge of the custody of the bankrupt property, its liquidation,assessment, disposition and distribution. Theliquidation commission mayalso engage in necessary activities of acivil nature according to thelaw.The liquidation commission shall be responsibleand report its work to thepeople's court.Article 202If the legal person enterprise and the creditors reach a compositionagreement, the people's court shall, afterapproving the agreement, make apublic announcement of it and terminate thebankruptcy and debt repaymentproceedings. The composition agreement shall belegally effective as ofthe date of the public announcement.Article 203With respect to the property mortgaged orotherwise used as security forbank loans or other obligations, the bank andother creditors shall havepriority in the repayment of debts as regardsthe property mortgaged orused as security for other kinds of obligations.If the money value of theproperty mortgaged or used assecurity for other kinds of obligationsexceeds the amount of loans secured, the surplusshall go to the bankruptproperty for debt repayment.
Article 204After deduction of bankruptcy proceedings expenses from the bankruptproperty, first repayment shall be made in the following order ofpriority:(1) wages and salaries of staff and workers andlabour insurance expensesthat are owned by the bankrupt enterprise;(2) taxes owed by the bankrupt enterprise;and(3) claims by creditors in the bankruptcyproceedings.Where the bankrupt property is insufficient tomeet the repayment claimsof the same order of priority, it shall be distributed on a pro-ratabasis.Article 205The debt repayment of a bankrupt legal personenterprise shall be underthe jurisdiction of the people's court of theplace where the legal personenterprise is located.Article 206The provisions of the Law of the People'sRepublic of China on EnterpriseBankruptcy shall apply to bankruptcyand debt repayment of enterprisesowned by the whole people.The provisions of this Chapter shall not apply to non-legal personenterprises, individual businesses, leaseholding farm households andpartnerships by private individuals. Article 207Legally effective judgments or written orders incivil cases, as well asthe paeral Provisions
Article 207 Legally effective judgments or written orders in civilcases, as well as the parts of judgments or written orders that relate to property in criminal cases, shall be executed by the people'scourt of first instance. Other legal documents which are to beexecuted by a people's court as prescribed by the law shall be executed by thepeople's court of the place where the person subjected to executionhas his domicile or where the property subject to execution is located. Article 208 If, in the course of execution, an outsider raises an objection with respect to the object subjected to execution, theexecution officer shall examine the objection in accordance with the procedureprescribed by the law. If the reasons for the objection are untenable,the objection shall be rejected; if otherwise, execution shall besuspended with the approval of the president of the court. If definite error isfound in the judgment or the written order, it shall be dealt with in accordance with the procedure for trial supervision. Article 209 Execution work shall be carried out by the executionofficer. When carrying out a compulsory executionmeasure, the execution officer shall produce his credentials. After the execution is completed, the execution officer shall make a record of theparticulars of the execution, and have it signed or sealed by the persons concernedon the scene. The basic people's court and theintermediate people's court may, when necessary, establish execution organs, whose functionsshall be defined by the Supreme People's Court. Article 210 If a person or property subjected to execution is inanother locality, the people's court in that locality may be entrusted withthe carrying out of the execution. The entrusted people's court shall begin the execution within 15 days after receiving a letter of entrustment and shall not refuse to do so. After the execution has been completed, the entrusted people's court shall promptly inform the entrusting people's court, by letter, of the result of the execution. If the execution has not been completed within 30 days, the entrusted people's courtshall also inform the entrusting people's court, by letter, of the particulars of the execution. If the entrusted people's court does not carry out theexecution within 15 days after receiving the letter ofentrustment, the entrusting people's court may request the people's court at a higher level overthe entrusted people's court to instruct the entrusted people'scourt to carry out the execution.
Article 211 If in the course of execution the two parties becomereconciled and reach a settlement agreement on their own initiative, the execution officer shall make a record of the contents of the agreement, and both parties shall affix their signatures or seals to therecord. If either party fails to fulfil the settlement agreement, the people's court may, at the request of the other party, resumethe execution of the legal document which was originally effective. Article 212 In the course of execution, if the person subjected toexecution provides a guaranty, the people's court may, with the consentof the person who has applied for execution, decide on the suspension of theexecution and the time limit for such suspension. If the personsubjected to execution still fails to perform his obligations after the time limit,the people's court shall have the power to execute the property heprovided as security or the property of the guarantor. Article 213 If the citizen subjected to execution dies, his debtsshall be paid off from the deceased estate; if a legal person or any other organization subjected to execution dissolves, the party thatsucceeds to its rights and obligations shall fulfil the obligations. Article 214 After the completion of execution, if definite error is found in the executed judgment, written order or other legaldocuments resulting in the annulment of such judgment, order or legal documents by the people's court, the said court shall, with respect to theproperty which has been executed, make a written order that persons who haveobtained the property shall return it. In the event of refusal to return such property, compulsory execution shall be carried out. Article 215 The provisions of this Part shall be applicable tothe execution of the conciliation statement as drawn up by the people'scourt. Chapter XXI Application for Execution andReferral
Article 216 The parties concerned must comply with legally effective judgments or written orders in civil cases. If a partyrefuses to do so, the other party may apply to the people's court for execution, or the judge may refer the matter to the execution officer forenforcement. The parties concerned must comply with the conciliation statement and other legal documents that are to be executed by thepeople's court. If a party refuses to do so, the other party may applyto the people's court for enforcement. Article 217 If a party fails to comply with an award of anarbitral organ established according to the law, the other party may apply for execution to the people's court which has jurisdiction over thecase. The people's court applied to shall enforce the award. If the party against whom the application is madefurnishes proof that the arbitral award involves any of the followingcircumstances, the people's court shall, after examination and verification by acollegial panel, make a written order not to allow the enforcement: (1) the parties have had no arbitration clause intheir contract, nor have subsequently reached a written agreement onarbitration; (2) the matters dealt with by the awardfall outside the scope of the arbitration agreement or are matters which thearbitral organ has no power to arbitrate; (3) the composition of the arbitration tribunal or the procedure for arbitration contradicts the procedure prescribed bythe law; (4) the main evidence for ascertaining the facts isinsufficient; (5) there is definite error in the application of thelaw; or (6) the arbitrators have committed embezzlement,accepted bribes or done malpractice for personal benefits or perverted the lawin the arbitration of the case. If the people's court determines that the execution ofthe arbitral award is against the social and public interest, it shallmake an order not to allow the execution. The above-mentioned written order shall be served onboth parties and the arbitral organ. If the execution of an arbitral award is disallowed bya written order of the people's court, the parties may, in accordance with a written agreement on arbitration reached between them, apply for arbitration again; they may also bring an action in a people'scourt. Article 218 If a party fails to comply with a document evidencing the creditor's rights made enforceable according to the law by anotary office, the other party may apply to the people's court which hasjurisdiction over the case for execution. The people's court applied to shallenforce such document. If the people's court finds definite error in thedocument of creditor's rights, it shall make an order not to allow theexecution and serve the order on both parties concerned as well as the notaryoffice.
Article 219 The time limit for the submission of an applicationfor execution shall be one year, if both or one of the partiesare citizens; it shall be six months if both parties are legal persons or otherorganizations. The above-mentioned time limit shall be calculatedfrom the last day of the period of performance specified by the legaldocument. If the legal document specifies performance in stages, the time limit shall be calculated from the last day of the periodspecified for each stage of performance. Article 220 The execution officer shall, after receiving theapplication for execution or the writ of referral directing execution, send anexecution notice to the person subjected to execution, instructing himto comply within the specified time. If the person fails to comply accordingly, compulsory execution shall be carried out. Chapter XXII Execution Measures
Article 221 If the person subjected to execution fails to fulfil according to the execution notice the obligations specified in the legal document, the people's court shall be empowered to make inquiries with banks, credit cooperatives or other units that deal with savings deposit into the deposit accounts of the person subjected to execution, and shall be empowered to freeze or transfer his deposits; however, the inquiries, freezing or transfer of the deposits shall notexceed the scope of the obligations to be fulfilled by the person subjected toexecution. The people's court shall, in deciding tofreeze or transfer a deposit, make a written order and issue a notice for assistancein execution. Banks, credit cooperatives or other units that dealwith savings deposit must comply with it. Article 222 If the person subjected to execution fails to fulfil according to the execution notice the obligations specified in the legal document, the people's court shall be empowered towithhold or withdraw part of the income of the person subjected to execution,for the fulfilment of his obligations. However, it shall leave out the necessaryliving expenses for the person subjected to execution and his dependantfamily members. The people's court shall, when withholding orwithdrawing the income, make a written order and issue a notice for assistance inexecution. The unit in which the person subjected to execution works, banks, credit cooperatives or other units that deal with savings deposit must comply with the notice. Article 223 If the person subjected to execution fails to fulfil according to the execution notice the obligations specified in the legal document, the people's court shall be empowered to seal up,distrain, freeze, sell by public auction, or sell off part of the property ofthe person subjected to execution for the fulfilment of his obligations. However, it shall leave out the necessaries of life for theperson subjected to execution and his dependant family members. The people's court shall make an order for theadoption of the measures specified in the preceding paragraph. Article 224 When the people's court seals up or distrains aproperty, it shall, if the person subjected to execution is a citizen, notify himor an adult member of his family to appear on the scene; if the partysubjected to execution is a legal person or any other organization,it shall notify its legal representatives or its principal heads tobe present. Their refusal to appear on the scene shall not hinder the execution. If the person subjected to execution is a citizen, his unit or the grass-roots organization of the place where his property is located shall send a representative to attend the execution. An inventory of the sealed-up or distrained propertymust be made by the execution officer and, after the inventory has beensigned or sealed by the persons on the scene, a copy of it shall be given to the person subjected to execution. If the person subjected toexecution is a citizen, another copy may be given to an adult member of hisfamily.
Article 225 The execution officer may commit the sealed-up property to the person subjected to execution for safekeeping, and the person shall be held responsible for any losses incurred due to hisfault. Article 226 After a property has been sealed up or distrained,the execution officer shall instruct the person subjected toexecution to fulfil, within the prescribed period, the obligations specified in thelegal document. If the person has not fulfilled his obligations uponexpiration of the period, the people's court may, in accordance with therelevant legal provisions, entrust the relevant units with selling by publicauction or selling off the sealed-up or distrained property. Articles whichare prohibited from free trading by the State shall be delivered to and purchased by the relevant units at the price fixed by the State. Article 227 If the person subjected to execution fails to fulfil his obligations specified in the legal document and concealshis property, the people's court shall be empowered to issue a search warrant andsearch him and his domicile or the place where the property wasconcealed. In adopting the measure mentioned in the preceding paragraph, the president of the people's court shall sign and issuethe search warrant. Article 228 With respect to the property or negotiable instruments specified for delivery in the legal document, the executionofficer shall summon both parties concerned and deliver them in their presence or the execution officer may forward them to the recipient, who shall sign and give a receipt. Any unit concerned that has in possession the property or negotiable instruments shall turn them over to the recipient inaccordance with the notice of the people's court for assistance in execution, and the recipient shall sign and give a receipt. If any citizen concerned has in possession the property or negotiable instruments, the people's court shall notify him tohand them over. If he refuses to do so, compulsory execution shall becarried out.
Article 229 Compulsory eviction from a building or aplot of land shall require a public notice signed and issued by the president of a people's court, instructing the person subjected to execution tocomply within a specified period of time. If the person subjected to executionfails to do so upon the expiration of the period, compulsory executionshall be carried out by the execution officer. When compulsory execution is being carried out, if theperson subjected to execution is a citizen, the person or an adult memberof his family shall be notified to be present; if the party subjected toexecution is a legal person or any other organization, its legalrepresentatives or principal heads shall be notified to be present; their refusalto be present shall not hinder the execution. If the person subjected to execution is a citizen, his work unit or the grass-roots organizationin the locality of the building or the plot of land shall send a representative for attendance. The execution officer shall make a recordof the particulars of the compulsory execution, with the signatures orseals of the persons on the scene affixed to it. The people's court shall assign personnel to transport the property removed in a compulsory eviction from a building to adesignated location and turn it over to the person subjected to executionor, if the person is a citizen, to an adult member of his family; if anyloss is incurred due to such person's refusal to accept the property, theloss shall be borne by the person subjected to execution. Article 230 In the course of execution, if certainformalities for the transfer of certificates of property right need to be gonethrough, the people's court may issue a notice for assistance in execution to therelevant units, and they must comply with it.
Article 231 If the person subjected to execution fails to performacts specified in a judgement or written order or any other legaldocument according to the execution notice, the people's court may carry outcompulsory execution or entrust the task to a relevant unit or other persons, and the person subjected to execution shall bear the expenses thusincurred. Article 232 If the person subjected to execution fails to fulfilhis obligations with respect to pecuniary payment within the periodspecified by a judgment or written order or any other legal document, he shallpay double interest on the debt for the belated payment. If the person subjected to execution fails to fulfil his other obligations within theperiod specified in the judgment or written order or any other legaldocument, he shall pay a charge for the dilatory fulfilment. Article 233 After the adoption of the execution measuresstipulated in Articles 221, 222 and 223 of this Law, if the personsubjected to execution is still unable to repay the debts, he shall continue to fulfilhis obligations. If the creditor finds that the person subjected toexecution has any other property, he may at any time apply to the people'scourt for execution. Chapter XXIII Suspension and Termination ofExecution
Article 234 The people's court shall make a written order tosuspend execution under any of the following circumstances: (1) the applicant indicates that the execution may bepostponed; (2) an outsider raises an obviously reasonable objection to theobject of the execution; (3) a citizen as one of the parties dies and it isnecessary to wait for the successor to inherit the rights of the deceased orto succeed to his obligations; (4) a legal person or any other organization as one of the parties dissolves, and the party succeeding to its rights andobligations has not been determined; or (5) other circumstances occur under whichthe people's court deems the suspension of execution necessary. Execution shall be resumed when the circumstances warranting the suspension of execution have disappeared. Article 235 The people's court shall make a written order toterminate execution under any of the following circumstances: (1) the applicant has withdrawn his application; (2) the legal document on which the execution is basedhas been revoked; (3) the citizen subjected to execution dies and thereis no estate that may be subjected to execution, nor anyone to succeed to hisobligations; (4) the person entitled to claim alimony or supportfor elders or children dies; (5) the citizen subjected to execution is too badly off to repay his debts, has no source of income and has lost hisability to work as well; or (6) other circumstances occur under whichthe people's court deems the termination of execution necessary. Article 236 A written order to suspend or terminate executionshall become effective immediately after being served on the partiesconcerned. PART FOUR SPECIAL PROVISIONS FOR CIVILPROCEDURE OF CASES INVO-LVING FOREIGN ELEMENT Chapter XXIV General Principles
Article 237 The provisions of this Part shall be applicable to civil proceedings within the territory of the People's Republic of Chinain regard to cases involving foreign element. Where it is not coveredby the provisions of this Part, other relevant provisions of this Law shallapply. Article 238 If an international treaty concluded or acceded to by the People's Republic of China contains provisions that differ fromprovisions of this Law, the provisions of the international treaty shallapply, except those on which China has made reservations. Article 239 Civil actions brought against a foreign national,a foreign organization or an international organization that enjoys diplomatic privileges and immunities shall be dealt with in accordance with therelevant law of the People's Republic of China and the provisions of the international treaties concluded or acceded to by the People'sRepublic of China. Article 240 The people's court shall conduct trials of civilcases involving foreign element in the spoken and written language commonlyused in the People's Republic of China. Translation may be provided at the request of the parties concerned, and the expenses shall be borne bythem. Article 241 When foreign nationals, stateless persons or foreign enterprises and organizations need lawyers as agents ad litem to bringan action or enter appearance on their behalf in the people's court, they must appoint lawyers of the People's Republic of China. Article 242 Any power of attorney mailed or forwarded by othermeans from outside the territory of the People's Republic of China by a foreign national, stateless person or a foreign enterprise and organization that has no domicile in the People's Republic of China for theappointment of a lawyer or any other person of the People's Republic of Chinaas an agent ad litem must be notarized by a notarial office in the country of domicile and authenticated by the Chinese embassy or consulate accredited to that country or, for the purpose of verification, must go through the formalities stipulated in the relevantbilateral treaties between China and that country before it becomes effective. Chapter XXV Jurisdiction
Article 243 In the case of an action concerning a contract disputeor other disputes over property rights and interests, brought against adefendant who has no domicile within the territory of the People's Republicof China, if the contract is signed or performed within the territory of the People's Republic of China, or if the object of the actionis located within the territory of the People's Republic of China, or if the defendant has distrainable property within the territoryof the People's Republic of China, or if the defendant has its representative office within the territory of the People's Republic of China,the people's court of the place where the contract is signed or performed, orwhere the object of the action is, or where the defendant's distrainableproperty is located, or where the torts are done, or where the defendant's representative office is located, shall have jurisdiction. Article 244 Parties to a dispute over a contractconcluded with foreign element or over property rights and interests involving foreignelement may, through written agreement, choose the court of the place which has practical connections with the dispute to exercise jurisdiction.If a people's court of the People's Republic of China is chosen toexercise jurisdiction, the provisions of this Law on jurisdiction byforum level and on exclusive jurisdiction shall not be violated. Article 245 If in a civil action in respect of a case involvingforeign element, the defendant raises no objection to the jurisdiction of apeople's court and responds to the action by making his defence, he shallbe deemed to have accepted that this people's court has jurisdictionover the case. Article 246 Actions brought on disputes arising from theperformance of contracts for Chinese-foreign equity joint ventures, or Chinese-foreign contractual joint ventures, or Chinese-foreign cooperativeexploration and development of the natural resources in the People's Republic of China shall fall under the jurisdiction of the people's courts of thePeople's Republic of China. Chapter XXVI Service and Time Periods
Article 247 A people's court may serve litigation documentson a party who has no domicile within the territory of the People'sRepublic of China in the following ways: (1) in the way specified in the international treaties concluded or acceded to by both the People's Republic of Chinaand the country where the person on whom service is to be maderesides; (2) by making the service through diplomaticchannels; (3) with respect to the person on whom the service isto be made and who is of the nationality of the People's Republic ofChina, service may be entrusted to the embassy or consulate of thePeople's Republic of China accredited to the country where the personresides; (4) by making the service on the agent ad litem who is authorized to receive the documents served; (5) by serving the documents on the representativeoffice established in the People's Republic of China by the person on whomthe service is to be made or on his branch office or business agents therewho have the right to receive the documents; (6) by making service by mail if the law of thecountry where the person on whom the service is to be made resides so permits;in the event that the receipt of delivery is not returned six monthsafter the date on which the documents were mailed, and that circumstances justify the assumption that service has been made, the service shall bedeemed completed upon the expiration of the said time period; and (7) by making service by public notice, if none of the above-mentioned methods can be employed. The service shall be deemedcompleted six months after the date on which the public notice wasissued. Article 248 If a defendant has no domicile within the territory of the People's Republic of China, the people's court shall serve acopy of the statement of complaint on the defendant and notify him to submithis defence within 30 days after he receives the copy of the statement ofcomplaint. Extension of the period requested by the defendant shall be at the discretion of the people's court. Article 249 If a party who has no domicile within the territory of the People's Republic of China is not satisfied with a judgment orwritten order made by a people's court of first instance, he shall havethe right to file an appeal within 30 days from the date the written judgment or order is served. The appellee shall submit his defence within30 days after receipt of a copy of the appeal petition. If a partywho is unable to file an appeal or submit a defence within the period prescribed by the law requests an extension of the period, the people's court shall decide whether to grant it.
Article 250 The period for the trials of civil cases involvingforeign element by the people's court shall not be restricted by theprovisions of Articles 135 and 159 of this Law. Chapter XXVII Property Preservation
Article 251 The parties to an action may, in accordance with theprovisions of Article 92 of this Law, apply to the people's court forproperty preservation. Interested parties may, in accordance with theprovisions of Article 93 of this Law, apply to the people's court for propertypreservation before an action is brought. Article 252 After a people's court makes an order granting property preservation before litigation, the applicant shall bring an actionwithin 30 days. If he fails to bring the action within the period, thepeople's court shall cancel the property preservation. Article 253 After the people's court makes an order grantingproperty preservation, if the party against whom the application is madeprovides a guaranty, the people's court shall cancel the propertypreservation. Article 254 If the application is wrongfully made, the applicantshall compensate the party against whom the application is made forlosses incurred from the property preservation. Article 255 If the property to be preserved by a people's courtneeds supervision, the court shall notify the unit concerned to be responsible for the supervision, and the party against whom theapplication is made shall bear the expenses. Article 256 The order to cancel the preservation issued by apeople's court shall be carried out by an execution officer. Chapter XXVIII Arbitration
Article 257 In the case of a dispute arising from the foreign economic, trade, transport or maritime activities of China,if the parties have had an arbitration clause in the contract concerned or havesubsequently reached a written arbitration agreement stipulating thesubmission of the dispute for arbitration to an arbitral organ inthe People's Republic of China handling cases involving foreign element, or to anyother arbitral body, they may not bring an action in a people's court. Ifthe parties have not had an arbitration clause in the contract concerned or have not subsequently reached a written arbitration agreement,they may bring an action in a people's court. Article 258 If a party has applied for propertypreservation measures, the arbitral organ of the People's Republic of China handlingcases involving foreign element shall refer the party's application for a decision to the intermediate people's court of the place where theparty against whom the application is made has his domicile or where hisproperty is located. Article 259 In a case in which an award has been madeby an arbitral organ of the People's Republic of China handling cases involvingforeign element, the parties may not bring an action in a people's court.If one party fails to comply with the arbitral award, the other party may apply for its enforcement to the intermediate people'scourt of the place where the party against whom the application for enforcement is made has his domicile or where his property is located. Article 260 A people's court shall, after examination andverification by a collegial panel of the court, make a written order not to allowthe enforcement of the award rendered by an arbitral organ of thePeople's Republic of China handling cases involving foreign element, if theparty against whom the application for enforcement is made furnishes proofthat: (1) the parties have not had an arbitration clause inthe contract or have not subsequently reached a written arbitrationagreement; (2) the party against whom the application forenforcement is made was not given notice for the appointment of an arbitrator orfor the inception of the arbitration proceedings or was unable to present his case due to causes for which he is not responsible; (3) the composition of the arbitration tribunal or the procedure for arbitration was not in conformity with the rules ofarbitration; or (4) the matters dealt with by the awardfall outside the scope of the arbitration agreement or which the arbitralorgan was not empowered to arbitrate. If the people's court determines that the enforcementof the award goes against the social and public interest of the country,the people's court shall make a written order not to allow theenforcement of the arbitral award.
Article 261 If the enforcement of an arbitral award is disallowedby a written order of a people's court, the parties may, in accordance with a written arbitration agreement reached between them, apply forarbitration again; they may also bring an action in a people'scourt. Chapter XXIX Judicial Assistance
Article 262 In accordance with the international treatiesconcluded or acceded to by the People's Republic of China or with the principleof reciprocity, the people's courts of China and foreign courts may makemutual requests for assistance in the service of legal documents, in investigation and collection of evidence or in other litigationactions. The people's court shall not render the assistancerequested by a foreign court, if it impairs the sovereignty, security or social and public interest of the People's Republic of China. Article 263 The request for the providing of judicial assistance shall be effected through channels provided in the international treaties concluded or acceded to by the People's Republic of China; in the absence of such treaties, they shall be effected through diplomaticchannels. A foreign embassy or consulate accredited to the People's Republic of China may serve documents on its citizens and make investigations and collect evidence among them, provided that the laws of the People's Republic of China are not violated and no compulsorymeasures are taken. Except for the conditions provided in the precedingparagraph, no foreign organization or individual may, without the consent of the competent authorities of the People's Republic ofChina, serve documents or make investigations and collect evidence within theterritory of the People's Republic of China. Article 264 The letter of request for judicial assistance and itsannexes sent by a foreign court to a people's court shall be appended with a Chinese translation or a text in any other language orlanguages specified in the relevant international treaties. The letter of request and its annexes sent to a foreign court by a people's court for judicial assistance shall be appended with a translation in the language of that country or a text in any other language or languages specified in the relevantinternational treaties. Article 265 The judicial assistance provided by the people'scourts shall be rendered in accordance with the procedure prescribed by the laws of the People's Republic of China. If a special form of judicialassistance is requested by a foreign court, it may also berendered, provided that the special form requested does not contradict the laws ofthe People's Republic of China. Article 266 If a party applies for enforcement of a legally effective judgment or written order made by a people's court,and the opposite party or his property is not within the territory of thePeople's Republic of China, the applicant may directly apply for recognitionand enforcement to the foreign court which has jurisdiction. The people's court may also, in accordance with the relevant provisions of the international treaties concluded or acceded to by China, or withthe principle of reciprocity, request recognition and enforcement by the foreigncourt. If a party applies for enforcement of a legallyeffective arbitral award made by an arbitral organ in the People's Republic ofChina handling cases involving foreign element and the opposite party orhis property is not within the territory of the People's Republic ofChina, he may directly apply for recognition and enforcement of the awardto the foreign court which has jurisdiction. Article 267 If a legally effective judgment or written order madeby a foreign court requires recognition and enforcement by a people'scourt of the People's Republic of China, the party concerned may directlyapply for recognition and enforcement to the intermediate people's court of the People's Republic of China which has jurisdiction. The foreigncourt may also, in accordance with the provisions of the international treatiesconcluded or acceded to by that foreign country and the People'sRepublic of China or with the principle of reciprocity, request recognitionand enforcement by a people's court. Article 268 In the case of an application or request forrecognition and enforcement of a legally effective judgment or written order of aforeign court, the people's court shall, after examining it in accordance with the international treaties concluded or acceded to by the People's Republicof China or with the principle of reciprocity andarriving at the conclusion that it does not contradict the basic principles of the law of the People's Republic of China nor violatesState sovereignty, security and social and public interest of the country, recognizethe validity of the judgment or written order, and, if required, issue awrit of execution to enforce it in accordance with the relevant provisionsof this Law; if the application or request contradicts the basic principles of the lawof the People's Republic of China or violates State sovereignty, security and social and public interest of the country, thepeople's court shall not recognize and enforce it. Article 269 If an award made by a foreign arbitral organ requiresthe recognition and enforcement by a people's court of thePeople's Republic of China, the party concerned shall directly apply to theintermediate people's court of the place where the party subjected toenforcement has his domicile or where his property is located. Thepeople's court shall deal with the matter in accordance with the international treatiesconcluded or acceded to by the People's Republic of China or with theprinciple of reciprocity. Article 270 This Law shall come into force as of thedate of promulgation, and the Civil Procedure Law of the People's Republic of China (for Trial Implementation) shall be abrogatedsimultaneously.