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CIVIL PROCEDURE LAW (FOR TRIAL IMPLEMENTATION)

Category  LITIGATION Organ of Promulgation  The Standing Committee of the National People's Congress Status of Effect  Invalidated
Date of Promulgation  1982-03-08 Effective Date  1982-10-01 Date of Invalidation  1991-04-09

Civil Procedure Law of the People's Republic of China (for Trial Implementation)



Contents
Chapter I  The Aim and Basic Principles
Chapter II  Jurisdiction
Chapter III  Trial Organizations
Chapter IV  Withdrawal
Chapter V  Participants in Proceedings
Chapter VI  Evidence
Chapter VII  Time Periods and Service
Chapter VIII  Compulsory Measures Against Impairment of Civil Actions
Chapter IX  Litigation Costs
Chapter X  Ordinary Procedure
Chapter XI  Summary Procedure
Chapter XII  Special Procedure
Chapter XIII  Procedure of Second Instance
Chapter XIV  Procedure for Trial Supervision
Chapter XV  General Stipulations
Chapter XVI  Referral of and Application for Execution
Chapter XVII  Execution Measures
Chapter XVIII  Suspension and Conclusion of Execution
Chapter XIX  General Principles
Chapter XX  Arbitration
Chapter XXI  Service and Time Periods
Chapter XXII  Preservative Measures in Litigation
Chapter XXIII  Judicial Assistance

(Adopted at the 22nd Meeting of the Standing Committee of the Fifth

National People's Congress and promulgated by Order No. 8 of the Standing
Committee of the National People's Congress on March 8, 1982, and implemented
on a trial basis as of October 1, 1982) (Editer's Note: This law has been
annulled by The Civil Procedure Law of The People's Republic of China
promulgated on April 9, 1991 and effective as of the same date)
Contents

    Part One  General Provisions

    Chapter I  The Aim and Basic Principles

    Chapter II  Jurisdiction

        Section 1  Jurisdiction by Level

        Section 2  Territorial Jurisdiction

        Section 3  Referral and Designation of Jurisdiction

    Chapter III  Trial Organization

    Chapter IV  Withdrawal

    Chapter V  Participants in Proceedings

        Section 1  Parties

        Section 2  Agent ad Litem

    Chapter VI  Evidence

    Chapter VII   Time Periods and Service

        Section 1  Time Periods

        Section 2  Service

    Chapter VIII  Compulsory Measures Against Impairment of Civil Actions

    Chapter IX  Litigation Costs

    Part Two  Procedure of First Instance

    Chapter X  Ordinary Procedure

        Section 1  Bringing a Suit and Accepting a Case

        Section 2  Preparations for Trial

        Section 3  Preservative Measures in Litigation and Advance Payment

        Section 4  Conciliation

        Section 5  Trial in Court

        Section 6  Suspension and Conclusion of a Lawsuit

        Section 7  Judgment and Order

    Chapter XI  Summary Procedure

    Chapter XII  Special Procedure

        Section 1  General Stipulations

        Section 2  Cases Concerning Rolls of Voters

        Section 3  Cases Concerning the Proclamation of the Death of

                   a Missing Person

        Section 4  Cases Concerning the Determination of a Citizen as

                   Incompetent

        Section 5  Cases Concerning the Determination of a Property as

                   Ownerless

    Part Three  Procedure of Second Instance and Procedure for Trial

                Supervision

    Chapter XIII  Procedure of Second Instance

    Chapter XIV  Procedure for Trial Supervision

    Part Four  Procedure of Execution

    Chapter XV  General Stipulations

    Chapter XVI  Referral of and Application for Execution

    Chapter XVII  Execution Measures

   Chapter XVIII  Suspension and Conclusion of Execution

    Part Five  Special Stipulations for Civil Procedures Involving Foreign

               Interests

    Chapter XIX  General Principles

    Chapter XX  Abritration

    Chapter XXI  Service and Time Periods

    Chapter XXII  Preservative Measures in Litigation

    Chapter XXIII  Judicial Assistance

    Part One  General Provisions
Chapter I  The Aim and Basic Principles

    Article 1  The Civil Procedure Law of the People's Republic of China is
formulated on the basis of the Constitution and in the light of the actual
conditions of our country and its experience in trying civil cases.

    Article 2  The aim of the Civil Procedure Law of the People's Republic of
China is to ensure that the people's courts ascertain facts, distinguish right
from wrong, apply the law correctly, try civil cases promptly, affirm the
rights and duties in civil affairs, impose sanctions for civil wrongs, protect
the rights and interest of the state, collectives and individuals, and educate
citizens to voluntarily abide by the law.

    Article 3  All those who engage in civil lawsuits within the territory of
the People's Republic of China must abide by this Law.

    The provisions of this Law are applicable to administrative cases that by
law are to be tried by the people's courts.

    Article 4  The people's courts shall exercise the judicial authority with
respect to civil cases.

    The people's courts shall try civil cases independently, in accordance
with the law, and shall not be subject to interference by any administrative
organ, public organization or individual.

    Article 5  In conducting civil proceedings, the people's courts must base
themselves on facts and take the law as the criterion; the law applies equally
to all parties to a lawsuit; and the parties shall be guaranteed equal
exercise of their litigation rights.

    Article 6  In conducting civil proceedings, the people's courts shall
stress conciliation; if conciliation efforts are ineffective, they shall
render judgments without delay.

    Article 7  In handling civil cases, the people's courts shall, wherever
necessary and possible, send out circuit tribunals to conduct trials on the
spot.

    Article 8  In trying civil cases, the people's courts shall, as provided
for by law, apply the system whereby the second hearing is final, and the
systems of public trial, collegial panel and withdrawal of judicial personnel.

    Article 9  Citizens of all nationalities shall have the right to use their
native spoken and written languages in civil proceedings.

    Where people of a minority nationality live in a concentrated community
or where a number of nationalities live together in one area, the people's
courts shall conduct hearings and issue legal documents in the spoken and
written languages commonly used by the local nationalities.

    The people's courts shall provide translations for any party to the court
proceedings who is not familiar with the spoken or written languages commonly
used by the local nationalities.

    Article 10  The parties to a civil lawsuit shall have the right to argue
about the issues in dispute.

    Article 11  The parties to a civil lawsuit shall be entitled, within the
scope stipulated by law, to dispose of their rights in civil affairs and
their litigation rights.

    Article 12  The people's procuratorates shall have the right to exercise
legal supervision over the civil proceedings of the people's courts.

    Article 13  If the civil rights and interests of the state, a collective
or an individual have been infringed, a state organ, public organization,
enterprise or institution may support the injured unit or individual to
initiate legal action in a people's court.

    Article 14  The people's conciliation committees shall be mass
organizations to conciliate disputes among the people, which are to function
under the guidance of the grass-roots people's governments and the basic
people's courts.

    A people's conciliation committee shall conduct its conciliation through
persuasion and education in accordance with the provisions of the law and the
principle of voluntariness. The parties concerned shall execute the agreement
reached upon in the conciliations; those who refuse a conciliation or those
for whom a conciliation has failed may initiate legal action in a people's
court.

    If a people's conciliation committee violates any policies or laws in
conciliating a case, a people's court shall make corrections.

    Article 15  The people's congresses of the national autonomous areas and
their standing committees may formulate certain adoptive or supplementary
provisions in accordance with the principles of the Constitution and this Law
and with the specific circumstances of the local nationalities. Such
provisions made by an autonomous region shall be reported to the Standing
Committee of the National People's Congress for the record. The provisions
made by an autonomous prefecture or autonomous county shall be submitted to
the standing committee of the people's congress of the relevant autonomous
region or province for approval and to the Standing Committee of the National
People's Congress for the record.
Chapter II  Jurisdiction

    Section 1  Jurisdiction by Level

    Article 16  The basic people's courts shall have jurisdiction as courts of
first instance over civil cases, unless otherwise stipulated in this Law.

    Article 17  The intermediate people's courts shall have jurisdiction as
courts of first instance over the following civil cases:

    (1) cases involving foreign interests; and

    (2) cases that have major impact on the area under their jurisdiction.

    Article 18  The higher people's courts shall have jurisdiction as courts
of first instance over civil cases that have major impact on the areas under
their jurisdiction.

    Article 19  The Supreme People's Court shall have jurisdiction as the
court of first instance over the following civil cases:

    (1) cases that have major impact on the whole country; and

    (2) cases that it deems it should try.

    Section 2  Territorial Jurisdiction

    Article 20  A civil lawsuit shall be under the jurisdiction of the
people's court in the place where the defendant has his domicile; if the
defendant's domicile is different from his residence, the lawsuit shall be
under the jurisdiction of the people's court in the place of his residence.

    A civil lawsuit against an enterprise, institution, state organ or public
organization shall be under the jurisdiction of the people's court in the
place where the defendant unit is located.

    Where the domiciles or residences of several defendants in one lawsuit
fall under the jurisdiction of two or more people's courts, all of those
people's courts shall have jurisdiction over the lawsuit.

    Article 21  The civil lawsuits described below shall be under the
jurisdiction of the people's court in the place where the plaintiff has his
domicile; if a plaintiff's domicile is different from his residence, the
lawsuit shall be under the jurisdiction of the people's court in the place of
his residence. The relevant lawsuits are:

    (1) those brought by civilians against servicemen;

    (2) those concerning the status of persons not residing in the People's
Republic of China;

    (3) those against persons who are undergoing rehabilitation through
labour; and

    (4) those against imprisoned persons.

    Article 22  A lawsuit initiated over an infringing act shall be under the
jurisdiction of the people's court in the place where the infringement took
place.

    Article 23  A lawsuit initiated over a contract dispute shall be under the
jurisdiction of the people's court in the place where the contract is
performed or where it was signed.

    Article 24  A lawsuit arising from railway, highway or water transport or
through transport shall be under the jurisdiction of the people's court in the
place where the administrative organ in charge of investigating and handling
such disputes is located.

    Article 25  A lawsuit arising from air transport shall be under the
jurisdiction of the people's court in the place where the transport began,
where it ended or where the contract was signed.

    Article 26  A lawsuit concerning claims for damages caused by an aviation
accident shall be under the jurisdiction of the people's court in the place
where the accident took place or where the aircraft first landed after the
accident.

    Article 27  A lawsuit concerning claims for damages caused by a ship
collision or any other maritime accident shall be under the jurisdiction of
the people's court in the place where the injured ship first docked after the
accident or where the ship at fault was detained or in the port area where
the ship at fault is registered.

    Article 28  A lawsuit concerning claims for maritime salvage shall be
under the jurisdiction of the people's court in the place where the salvage
took place or where the salvaged vessel first docked after the disaster.

    Article 29  In cases where the implementation of Articles 22 to 28 proves
difficult, the provisions of Article 20 or 21 may be applied.

    Article 30  The following cases shall be under the exclusive jurisdiction
of the people's courts herein specified:

    (1) A lawsuit initiated over real estate shall be under the jurisdiction
of the people's court in the place where the real estate is located.

    (2) A lawsuit concerning harbour operations shall be under the
jurisdiction of the people's court in the place where the harbour is located.

    (3) A lawsuit concerning a registration shall be under the jurisdiction of
the people's court in the place where the registration office is located.

    (4) A lawsuit concerning an inheritance shall be under the jurisdiction of
the people's court in the place where the decedent had his domicile, or where
the principal part of his estate is located.

    Article 31  When two or more people's courts have jurisdiction over a
lawsuit, the plaintiff may bring by choice his lawsuit in one of the these
people's courts; if the plaintiff brings the lawsuit in two or more people's
courts that have jurisdiction over the lawsuit, it shall be handled by the
people's court that first receives the bill of complaint.

    Section 3  Referral and Designation of Jurisdiction

    Article 32  If a people's court discovers that a case it has accepted is
not under its jurisdiction, it shall refer the case to the people's court that
does have jurisdiction over the case; the people's court to which a case has
been referred shall not independently refer it again to another people's
court.

    Article 33  If a people's court which has jurisdiction over a case is
unable to exercise the jurisdiction for special reasons, a superior people's
court shall designate another court to exercise the jurisdiction.

    In the event of a jurisdictional dispute, it shall be resolved by the
disputing parties through consultation; if the disputes cannot be resolved
through consultation, it shall be reported to a people's court superior to
both disputing parties for the designation of jurisdiction.

    Article 34  People's courts at higher levels shall have the authority to
try civil cases over which people's courts at lower levels have jurisdiction
as courts of first instance; they may also transfer civil cases over which
they themselves have jurisdiction as courts of first instance to people's
courts at lower levels for trial.

    If a people's court deems it necessary for a civil case of first instance
under its jurisdiction to be tried by a people's court at a higher level, it
may request such a people's court to try the case.
Chapter III  Trial Organizations

    Article 35  Civil cases of first instance shall be tried in a people's
court by a collegial panel consisting of both judges and assessors or of
judges alone. The collegial panel must have an odd number of members.

    Simple civil cases shall be tried by a single judge alone.

    Where carrying out their duties in a people's court, the assessors shall
have equal rights with the judges.

    Article 36  Civil cases of second instance shall be tried in a people's
court by a collegial panel of judges. The collegial panel must have an odd
number of members.

    When retrying a case remanded by a people's court of second instance, the
people's court of first instance shall form a new collegial panel in
accordance with the procedures of first instance.

    If a case for retrial was originally tried at first instance, a new
collegial panel shall be formed according to the procedure of first instance;
if the case was originally tried at second instance; a new collegial panel
shall be formed according to the procedure of second instance.

    Article 37  The president of the court or the chief judge of a division
shall designate one member of the judicial personnel to serve as the presiding
judge of the collegial panel; if the president or the chief judge participates
in the trial, he himself shall serve as the presiding judge.

    Article 38  When deliberating a case, a collegial panel shall observe the
principle that the minority shall defer to the majority. The deliberations
shall be recorded in writing, and the transcript shall be signed by the
members of the collegial panel. Diverging opinions in the deliberations must
be truthfully entered in the transcript.

    Article 39  The president of the court shall submit major and difficult
civil cases to the judicial committee for discussion and decision. The
collegial panel must carry out the decisions of the judicial committee.
Chapter IV  Withdrawal

    Article 40  A member of the judicial personnel must voluntarily withdraw,
and the parties to the case shall also have the right to request, orally or in
writing, that he be withdrawn, in any of the following circumstances:

    (1) if he is a party or a near relative of a party to the case;

    (2) if he has a personal interest in the case; or

    (3) if he has some other relationship with a party to the case that could
influence the impartial handling of the case.

    The above provisions shall also apply to clerks, interpreters and expert
witnesses.

    Article 41  When a party requests the withdrawal of a member of the
judicial personnel, he shall explain the reason for this request and submit
the request at the beginning of the proceedings; the request may also be
submitted before the end of court debate if the reason for the withdrawal
becomes known or occurs only after the beginning of the proceedings.

    Personnel who have been requested to withdraw shall temporarily suspend
their functions unless emergency measures are required by the case.

    Article 42  The withdrawal of a court president who serves as the
presiding judge shall be decided by the judicial committee; the withdrawal of
judicial personnel shall be decided by the court president; the withdrawal of
other personnel shall be decided by the presiding judge.

    Article 43  The decision of a people's court on a request for withdrawal
may be made orally or in writing. If a party refuses to accept the decision,
it may apply for one reconsideration. The trial of the case shall not be
suspended during the time of reconsideration.
Chapter V  Participants in Proceedings

    Section 1  Parties

    Article 44  Any person who has the capacity for litigation rights may
become a party to a civil lawsuit.

    Enterprises, institutions, state organs and public organizations may
become parties to a civil lawsuit, and their principal leaders shall be their
legal representatives.

    Article 45  The parties shall have the right to appoint agents, request
withdrawals, provide evidence, engage in debate, request conciliation, file
an appeal and apply for execution.

    With the permission of the people's court, the parties may consult the
materials relating to the court proceedings of the case and may request that
copies of the materials and other legal documents be made at their own
expense. However, materials involving state secrets and the private affairs
of individuals shall be exceptions.

    The parties must exercise their litigation rights in accordance with the
law, observe litigation procedures and carry out legally effective judgments,
orders and conciliation agreements.

    Article 46  The two parties may reach a compromise on their own. The
plaintiff may relinquish or modify his claim. The defendant may confirm or
repudiate the claim and shall have the right to file a counter-claim.

    Article 47  A joint lawsuit shall be constituted when one party or both
parties consist of two or more persons and the object of their lawsuits are
the same or of the same category and the people's court considers that the
claims can be tried together.

    If the individuals constituting a party to a joint lawsuit have identical
rights and obligations with respect to the object of the lawsuit and the
procedural acts of one person is recognized by the others of his party, then
such acts shall be effective for all; if the individuals in one party do not
have identical rights and obligations with respect to the object of the
lawsuit, then the procedural acts of one person shall have no effect on the
others of his party.

    Article 48  If a third party considers that he has an independent claim
to the object disputed by the parties to a lawsuit, he shall have the right
to bring an action and become a party to the lawsuit.

    If a third party has no independent claim to the object disputed by the
parties to a lawsuit, but the outcome of the case will affect his interest
legally, he may file a request to participate in the proceedings or may
participate when so notified by the people's court.

    Section 2  Agents ad Litem

    Article 49  Any person with no capacity to engage in litigation shall have
one or more agents ad litem to represent him in a lawsuit. The people's court
may appoint an agent for any person who does not have an agent ad litem.

    If the agents ad litem try to shift their responsibilities onto each
other, the people's court may appoint one of them to represent the principal
in litigation.

    Article 50  Each party, legal representative or agent ad litem may entrust
one or two persons to represent him in litigation.

    A party's near relative, a lawyer, a person recommended by a public
organization or the unit to which a party belongs or any other citizen
approved by the people's court may be entrusted as the party's agent ad litem.

    Article 51  When a person entrusts another to act on his behalf in
litigation, he must submit to the people's court a power of attorney bearing
his signature or seal.

    The power of attorney must specify the matter and limits of authority
entrusted. An agent ad litem must possess special authorization from his
principal to confirm, relinquish or modify the claim and to institute a
compromise or file a counterclaim or an appeal.

    A power of attorney issued by a Chinese citizen residing in a foreign
country must be certified by the Chinese embassy or consulate in that country,
if there is no Chinese embassy or consulate in that country, the power of
attorney must be certified by an overseaas Chinese organization loyal
to China.

    Article 52  A party to a lawsuit shall inform the people's court in
writing if he changes or revokes the authority of an agent ad litem, and the
court shall notify the other party of the change or revocation.

    Article 53  A lawyer who serves as an agent ad litem may consult
materials pertaining to the case in accordance with relevant stipulations.
However, if such materials involve state secrets or the private affairs of
individuals, he must keep the confidential information from his client and
others. With the approval of the people's court, other agents ad litem may
also consult the materials relating to the court proceedings of the case,
except those that involve state secrets or the private affairs of individuals.

    Article 54  The parties to a divorce case which has been entrusted to
agents ad litem shall appear in court in person, unless they are incapable
of presenting their own case. A party who is truly unable to appear in court
due to a special reason shall submit his or her opinion in writing to the
people's court.
Chapter VI  Evidence

    Article 55  Evidence shall be classified as follows:

    (1) documentary evidence;

    (2) material evidence;

    (3) audio-visual reference material;

    (4) testimony of witnesses;

    (5) statements of the parties;

    (6) expert conclusions; and

    (7) records of inquests.

    Any of the above-mentioned evidence must be verified before it can be
taken as a basis for ascertaining a fact.

    Article 56  A party shall have the responsibility to provide evidence in
support of his own propositions.

    The people's court shall, in accordance with the prescribed procedure,
collect and examine evidence comprehensively and objectively.

    Article 57  The people's court shall have the authority to obtain evidence
from the relevant units or individuals, and such units or individuals may not
refuse to provide evidence.

    The people's court shall verify and determine the validity of documentary
evidence provided by state organs, public organizations, enterprises,
institutions or individuals.

    Article 58  The people's court shall keep confidential any evidence that
involves state secrets or the private affairs of individuals. If such evidence
must be shown to a party, the showing shall not take place in open court.

    Article 59  The people's court shall recognize the validity of notarized
legal acts, facts and documents, except where there is contrary evidence
sufficient to invalidate the notarial certification.

    Article 60  Any document submitted as evidence must be the original one.
Material evidence must also be original. If it is truly difficult to present
the original document or material, then reproductions, photographs, duplicates
or extracts of the original may be submitted.

    If a document in a foreign language is submitted as evidence, a Chinese
translation must be appended.

    Article 61  All persons who have information about a case shall have the
obligation to give testimony in court. Responsible persons of relevant units
shall encourage witnesses to give testimony. When it would be truly difficult
for a witness to appear in court, he may submit a written testimony with the
approval of the people's court.

    Any person who is unable to express himself properly cannot testify.

    Article 62  The people's court shall examine the statements of the parties
in connection with the other evidence to determine whether the statements can
be taken as a basis for ascertaining the facts.

    The refusal of a party to make a statement shall not prevent the people's
court from ascertaining the facts of a case on the basis of other evidence.

    Article 63  When the people's court needs to solve a specialized problem,
the department concerned shall be obliged upon notification by the people's
court to assign an expert to make an evaluation.

    The expert witness shall have the right to consult the case materials
necessary for the evaluation and direct inquiries to the parties and
witnesses.

    The expert witness shall present a written conclusion of his evaluation
and affix his signature or seal to it, and the unit to which the expert
witness belongs shall certify his status by affixing its official seal to the
expert conclusion.

    Article 64  When inspecting material evidence or a site, the inspector
must show his credentials issued by a people's court. He shall request a local
grass-roots organization or the unit concerned to send persons to participate
in the inquest. The party concerned or an adult relative of his shall be
present; their refusal to appear on the scene shall not prevent the inquest
from proceeding.

    Upon notification by the people's court, the relevant units and
individuals shall have the obligation to preserve the site and assist in the
inquest.

    In carrying out the inquest, the inspector may photograph and survey the
material evidence or site and shall prepare a written record of the
circumstances and results of the inquest. The inspector, the party and the
requested participants shall affix their signatures or seals to the record.

    Article 65  Under circumstances where there is a likelihood that evidence
may be destroyed or lost or difficult to obtain later on, the participants in
proceedings may apply for the evidence to be preserved. The people's court
may also on its own initiative take measures to preserve such evidence.
Chapter VII  Time Periods and Service

    Section 1  Time Periods

    Article 66  Time periods shall include those prescribed by law and those
designated by a people's court.

    Time periods shall be calculated by the hour, the day, the month and the
year. The hour and day from which a time period begins shall not be counted
as within the time period.

    If the expiration date of a time period falls on a holiday, then the day
immediately following the holiday shall be regarded as the expiration date.

    A time period shall not include travelling time. A litigation document
that is mailed before a deadline shall not be regarded as overdue.

    Article 67  If a party fails to meet a deadline due to force majeure or
for other legitimate reasons, he may apply for an extension of the time limit
within 10 days after the obstacle is removed. The requested extension shall be
subject to approval by a people's court.

    Section 2  Service

    Article 68  A receipt shall be required for every litigation document that
is served and it shall bear the addressee's signature or seal and the date of
receipt.

    The date of receipt as signed by the addressee shall be regarded as the
date the document is served.

    Article 69  Litigation documents sent by a people's court shall be served
directly on the addressee. If the addressee is absent, the documents shall be
served on an adult member of his family living with him, who shall sign the
receipt. If the addressee has designated an agent to receive his litigation
documents and has informed the people's court of it, the documents may be
served on the agent who shall then sign the receipt.

    Article 70  If the addressee of a litigation document refuses to accept
it, the person serving the document shall ask representatives from the
relevant grass-roots organization or other people to the scene, explain the
situation to them, and record on the receipt the particulars of the refusal
and the date of it. After the person serving the document and the witnesses
have affixed their signatures or seals to the receipt, the document shall be
left at the residence of the addressee and the service shall be considered
completed.

    Article 71  If the direct service of a litigation document proves
difficult, service of the document may be entrusted to another people's court,
or it may be served by post. If a document is served by post, the postmark on
the receipt for registered mail shall be regarded as the date the document is
served.

    Article 72  If the addressee is in the military, the document shall be
forwarded to him by the political organ at or above the regimental level in
the unit to which he belongs.

    Article 73  If the addressee is undergoing imprisonment. the document
shall be forwarded to him by the prison or unit of reform through labour where
he is serving his term.

    If the addressee is undergoing rehabilitation through labour, the document
shall be forwarded to him by the unit supervising his rehabilitation through
labour.

    Article 74  Any organization or unit that receives a litigation document
to be forwarded must immediately deliver it to the addressee, who shall sign
the receipt.

    Article 75  If the whereabouts of an addressee is unknown, or if a
document cannot be served on him by the other methods mentioned in this
Chapter, the document shall be served by public announcement. Three months
after the date of the public announcement, the document shall be deemed to
have been served.

    The reasons for service by public announcement and the procedures taken
shall be recorded in the case files.
Chapter VIII  Compulsory Measures Against Impairment of Civil Actions

    Article 76  If a defendant is required to appear in court but, having been
served twice with a legal subpoena, still refuses to do so without justified
reason, the people's court may summon him to court by a warrant.

    Article 77  If a participant in the proceedings or any other person
commits any of the following acts, the people's court may, according to the
seriousness of his offence, reprimand him, order him to sign a statement of
repentance, fine him or detain him; if the offence constitutes a crime, the
offender shall be investigated for criminal responsibility in accordance with
law. These acts are:

    (1) forging, concealing or destroying evidence;

    (2) instigating or suborning others to commit party;

    (3) concealing, transferring, selling or destroying property that has
been sealed up or distrained;

    (4) using violence, threats or other means to hinder judicial personnel
from performing their duties or disrupt the working order of judicial organs;

    (5) insulting, slandering, incriminating with false charges or beating up
judicial workers, witnesses, expert witnesses, inspectors, participants in
proceedings or personnel who assist in execution or using other means to
retaliate against them;

    (6) evading without reason, refusing to assist, or obstructing the
execution of a judgment or order according to a notice of a people's court to
assist in the execution by the person who has been notified and has the
obligation to do so.

    Article 78  A fine shall be not more than Renminbi 200 yuan.

    A detention period shall be not longer than 15 days.

    The people's court shall deliver detained persons to a public security
organ for custody.

    The people's court may decide to grant the detained person an early
release if he admits and corrects his wrongdoing.

    Fines and detentions may be imposed in combinations.

    Article 79  Summonses by warrant, fines and detentions must be approved
by the president of a people's court.

    Letters of decision shall be issued for fines and detentions. lf an
offender refuses to comply to a fine or detention, he may apply for one
reconsideration. The execution of the decision shall not be suspended during
the time of reconsideration.
Chapter IX  Litigation Costs

    Article 80  The party filing a civil lawsuit must pay an acceptance fee
as required. For civil cases involving property, the litigation costs other
than the acceptance fee must also be paid according to regulations.

    Procedures for the payment of litigation costs shall be formulated
separately.

    Part Two  Procedure of First Instance
Chapter X  Ordinary Procedure

    Section 1  Bringing a Suit and Accepting a Case

    Article 81  The following requirements must be met when a suit is brought:

    (1) the plaintiff must be an individual, enterprise, institution, state
organ or public organization that has a direct interest in the case;

    (2) there must be a specific defendant, concrete claim and a factual basis
for the suit; and

    (3) the suit must fall within the scope of jurisdiction of the people's
courts and the specific jurisdiction of the people's court where it is filed.

    Article 82  When bringing a suit, a bill of complaint shall be submitted
to the people's court, and copies of the bill shall be prepared according to
the number of defendants.

    If a plaintiff has true difficulty in writing a bill of complaint, he may
state his complaint orally, and the court shall transcribe it and inform the
other party.

    Article 83  A bill of complaint shall clearly set forth the following:

    (1) the name, sex, age, ethic status, native place, occupation, work unit
and address of each person who is a party to the case or, if a party is an
enterprise, institution, government organ or public organization, its name,
address and legal representative's name and position;

    (2) the claim of the lawsuit and the facts and grounds on which it is
based; and

    (3) any evidence and its source, as well as the names and addresses of
witnesses.

    Article 84  The people's court shall deal with the various lawsuits
described below according to their specific circumstances:

    (1) In cases of violation of the Regulations on Security Administration
Punishments, it shall refer the plaintiff to a public security organ for
handling.

    (2) For disputes which should be handled by other administrative organs
according to law, it shall refer the plaintiff to the relevant administrative
organ for settlement.

    (3) In cases in which a judgment or order has already taken legal effect,
but one party again brings a suit regarding the same claim, it shall notify
that party to file an appeal.

    (4) A case shall not be accepted if it is not permitted by law to be filed
within a specified period but nevertheless is filed within that period.

    (5) Any divorce suit that has been rejected by a judgment and is refiled
within six months without new developments and reasons shall not be accepted.

    Article 85  When a people's court receives a bill of complaint or an oral
complaint and finds upon examination that it meets the requirements for
acceptance as specified in this Law, it shall within seven days file a case;
if the complaint does not meet the requirements for acceptance as specified
in this Law, the court shall within seven days notify the plaintiff that the
complaint has been rejected and provide due explanation.

    Section 2  Preparations for Trial

    Article 86  In a case claiming overdue alimony, support for children or
elders, pension for the disabled or the family of a deceased or remuneration
for labour, the people's court shall send a copy of the bill of complaint to
the defendant within five days after accepting the cases, and the defendant
shall file a bill of defence within ten days after receiving the copy of the
bill of complaint. In other cases, the people's court shall send a copy of the
bill of complaint to the defendant within five days after accepting the case,
and the defendant shall file a bill of defence within 15 days after receiving
the copy of the bill of complaint.

    Failure by the defendant to file a bill of defence shall not prevent the
case from being heard by the people's court.

    Article 87  The judicial personnel must carefully examine the case
materials, carry out investigations and research, and gather evidence.

    It shall be the duty of the units concerned to help the people's court
conduct investigation.

    Article 88  The personnel sent by a people's court to conduct an
investigation shall first show their credentials to the person being
investigated.

    The written record of an investigation shall be checked by the person
investigated and then signed or sealed by both the investigator and the
investigated.

    Article 89  If necessary, a people's court may entrust an investigation
to a people's court in another locality.

    The entrusting people's court shall clearly set out the matters and
requirements of the entrusted investigation. The entrusted people's court may
on its own initiative conduct supplementary investigation.

    The entrusted people's court shall complete the investigation within 30
days after receiving the rogatory letter. If for some reason it cannot
complete the investigation, it shall notify the entrusting people's court in
writing within the above-mentioned time limit.

    Article 90  If a person instituting or responding to a prosecution does
not qualify to be a party to a case, the people's court shall notify another
party that does qualify, to participate in the proceedings in place of the
disqualified party.

    Article 91  If a party who must participate in a joint lawsuit fails to
participate in the proceedings, the people's court shall notify him to
participate.

    Section 3  Preservative Measures in Litigation and Advance Payment

    Article 92  If it becomes impossible or difficult to execute a judgment
because of the acts of one of the parties or other reasons, the people's court
may, at the request of the other party or on its own authority, order
preservative measures in litigation to be adopted.

    After accepting a party's application for preservative measures in
litigation, if the case is urgent, the people's court must make a ruling and
begin to implement it within 48 hours.

    Article 93  Preservative measures in litigation shall be limited to the
scope of the litigation claim or to the property relevant to the case.

    Preservative measures in litigation shall be carried out by sealing up,
distraining or freezing property, ordering the party concerned to provide a
surety or using other methods permitted by law.

    If a sealed-up or distrained property cannot be kept for a long time, the
people's court may sell it off and take charge of the money obtained.

    Article 94  When a people's court has decided to take preservative
measures in litigation, it may order the applicant to provide a surety; if
the applicant refuses, his application shall be rejected.

    If the applicant loses the lawsuit, he shall compensate the other party
for any loss of property due to the preservative measures in litigation.

    Article 95  The people's court may, when necessary, order an advance
payment to be immediately implemented in the following cases:

    (1) claims for alimony, support for children or elders and pension for
the disabled or the family of a deceased;

    (2) claims for remuneration for labour;

    (3) other claims requiring advance payment.

    Article 96  If a party refuses to accept an order of preservative measures
in litigation or advance payment, he may apply for one reconsideration.
Implementation of the order shall not be suspended during the time of
reconsideration.

    Section 4  Conciliation

    Article 97  If a civil case which has been accepted by a people's court
can be conciliated, the people's court shall, on the basis of ascertaining the
facts and distinguishing between right and wrong, conduct conciliation and
urge the parties to reach mutual understanding and compromise.

    Article 98  When a people's court conducts a conciliation, a single judge
or a collegial panel may preside. Conciliations shall be conducted locally
whenever possible.

    Article 99  When a people's court conducts a conciliation, it may,
according to the needs of the case, request the assistance of units or
individuals concerned. The requested units or individuals shall assist the
people's court in conducting the conciliation.

    Article 100  Conciliation agreements must be based on the voluntariness
of both parties; compulsion shall not be permitted.

    Article 101  When a conciliation agreement has been reached, a
conciliation statement shall be drawn up and signed by the judge and the court
clerk, and the seal of the people's court shall be affixed to it. Once the
conciliation statement is served, it shall hecome legally effective.

    Any agreement for which no conciliation statement needs to be drawn up
shall be entered into the written records and shall become legally effective
after being signed or sealed by both parties, the judge and the court clerk.

    Article 102  If no agreement is reached through conciliation or if one
party retracts his consent before the conciliation statement is served, the
people's court shall proceed with a trial and not prolong the case with
further conciliation efforts.

    Section 5  Trial in Court

    Article 103  Civil cases in the people's courts shall be heard in public,
except for cases that involve state secrets or the private affairs of
individuals or are otherwise provided by law.

    A divorce case may not be heard in public if a party so requests.

    Article 104  In handling civil cases, the people's courts shall, whenever
necessary and possible, send out circuit tribunals to hold trials on the spot.

    The people's courts shall follow the summary procedures in circuit
tribunals, unless the case is a major or complicated one.

    Article 105  The people's court shall notify the parties and other
participants in a civil case three days before the opening of a court session.
In a case to be heard in public, the names of the parties, the cause of action
and the time and location of the court session shall be announced publicly.

    Article 106  Before a court session is called to order, thc court clerk
shall ascertain whether or not the parties and other participants in the case
are present and announce the rules of order of the court.

    At the beginning of a trial, the presiding judge or the sole judge shall
check the parties present, announce the cause of action and the names of the
judicial personnel and court clerks, inform the parties of their litigation
rights and obligations and ask the parties whether or not they wish to apply
for the withdrawal of any court personnel.

    Article 107  Courtroom investigation shall be conducted in the following
order:

    (1) questioning of thc parties and presentation of their statements;

    (2) informing the witnesses of their rights and obligations, questioning
of the witnesses and reading of the statements of absentee witnesses;

    (3) questioning of the expert witnesses and reading of the expert
conclusions;

    (4) presentation of documentary evidence, material evidence and
audio-visual referrence material; and

    (5) reading of the records of inquests.

    Article 108  The parties may present new evidence during a court session.

    With the permission of the court, the parties may put questions to
witnesses, expert witnesses and inspectors.

    The parties may request a new expert evaluation, investigation or inquest,
subject to the approval of the people's court.

    Article 109  Additional claims by the plaintiff, counterclaims by the
defendant and third-party claims related to the case may be tried together.

    Article 110  Court debates shall be conducted in the following order:

    (1) presentation of oral statements by the plaintiff and his agents ad
litem;

    (2) response by the defendant and his agents ad litem; and

    (3) debate between the two sides.

    At the end of the court debate, the presiding judge shall ask both sides
to present their final arguments, with the plaintiff going first and then the
defendant.

    Article 111  At the end of the court debate, another conciliation effort
may be conducted; if no agreement can be reached, a judgement shall be made
in accordance with the law.

    Article 112  If a plaintiff has been served twice with a legal subpoena
from a people's court and refuses to appear in court without justified reason,
or if he walks out during a court session without the permission of the court,
the court may consider the suit withdrawn; if the defendant files a
counter-claim, the court may make a judgement by default.

    Article 113  If a defendant has been served twice with a legal subpoena
from a people's court and refuses to appear in court without justified reason,
or if he walks out during a court session without the permission of the court,
the court may make a judgement by default as well as apply the provisions of
Article 76 of this Law.

    Article 114  If a plaintiff applies to withdraw his complaints before
judgment is pronounced, the people's court shall decide whether to grant
approval.

    Article 115  The people's court shall publicly pronounce its judgment in
all cases. If a judgment is pronounced in court, the written judgment shall be
issued and delivered within ten days; if a judgment is pronounced later on a
fixed date, the written judgment shall be issued immediately after the
pronouncement.

    Upon pronouncement of a judgment, the parties must be informed of their
right to file an appeal, the time limit for appeal and the court to which
they may appeal.

    Upon pronouncement of a divorce judgement, the parties must be informed
not to remarry before the judgement takes legal effect.

    Article 116  A trial shall be postponed under any of the following
conditions:

    (1) if the parties or other participants in the proceedings fail to appear
in court as required;

    (2) if the trial cannot proceed because a party requests the withdrawal of
a judicial functionary;

    (3) if it is necessary to summon new witnesses to court, collect new
evidence, make a new expert evaluation, hold another inquest, or make
supplementary investigation; or

    (4) if other circumstances arise that warrant the postponement of the
trial.

    Article 117  The court clerk shall make a written record of the entire
court proceedings, which shall be signed by the judicial personnel and the
court clerk.

    The court record shall be read out in court, or the parties and other
participants in the proceedings may be notified to read the record while in
court or within five days. If the parties or other paricipants consider that
there are omissions or errors in the record with respect to their statements,
they shall have the right to request additions or corrections to be made.

    The court record shall be signed or sealed by the parties and other
participants in the proceedings. Refusal to do so shall be recorded in n note
to be attached to the file.

    Section 6  Suspension and Conclusion of a Lawsuit

    Article 118  A lawsuit shall be suspended under any of the following
conditions:

    (1) if one of the parties dies and it is necessary to wait for his heir to
participate in the proceedings;

    (2) if one of the parties has lost the capacity to engage in litigation
and his agent ad litem has not been designated;

    (3) if one of the parties cannot participate in the proceedings for
reasons of force majeure;

    (4) if the current case is dependent on the results of the trial of
another case that has not yet been concluded; or

    (5) if other circumstances arise that warrant the suspension of the
lawsuit.

    The proceedings shall resume after the causes of the suspension have
been eliminated.

    Article 119  A lawsuit shall be concluded under any of the following
conditions:

    (1) if the plaintiff dies without an heir or the heir waives his right of
litigation;

    (2) if the defendant dies without any estate and with no one to discharge
his obligations;

    (3) if no heir comes forward to participate in the proceedings within six
months after the lawsuit has been suspended due to the death of a party; or

    (4) if one of the parties in a divorce case dies.

    Section 7  Judgment and Order

    Article 120  The following shall be clearly written into a judgment:

    (1) the cause of action, the claims, and the facts of and reasons for the
dispute;

    (2) the facts and reasons confirmed in the judgment, and the law applied;

    (3) the result of the judgment and the litigation costs to be borne; and

    (4) the time limit for filing an appeal and the appellate court
designated.

    The judgment shall be signed by the judicial personnel and the court
clerk, and the seal of the people's court shall be affixed to it.

    Article 121  If some of the facts in a case being tried by the people's
court are already evident, the court may pass judgment on those facts first.

    Article 122  Orders shall be applied to the following matters:

    (1) rejection of a lawsuit;

    (2) matters that concern preservative measures in litigation or advance
payment;

    (3) approval or disapproval of withdrawal of a lawsuit;

    (4) suspension or conclusion of a lawsuit;

    (5) rectification of errors in the judgment; and

    (6) other matters which require settlement by a court order.

    An order in the category of item (1) above may be appealed.

    A written order shall be signed by the judicial personnel and the court
clerk, and the seal of the people's court shall be affixed to it. If an order
is issued orally, it shall be entered in the record.

    Article 123  All judgments and orders of the Supreme people's Court, as
well as judgments and orders that may not be appealed according to law or
have not been appealed within the prescribed time limit, shall be legally
effective.
Chapter XI  Summary Procedure

    Article 124  When trying simple civil cases, the basic people's courts and
the tribunals dispatched by them may apply the summary procedure stipulated
in this Chapter.

    Article 125  In simple civil cases the plaintiff may file his complaint
orally.

    The two parties may appear at the same time at a basic people's court or
a tribunal dispatched by it to request a solution of their dispute. The basic
people's court or the tribunal dispatched by it may try the case immediately
or set a date for the trial.

    Article 126  In trying a simple civil case, the basic people's court or
the tribunal dispatched by it may any time use simplified methods to summon
the parties and witnesses.

    Article 127  Simple civil cases shall be tried by a single judge alone who
shall not be restricted by the provisions of Articles 105, 107 and 110 of this
Law.
Chapter XII  Special Procedure

    Section l  General Stipulations

    Article 128  The stipulations in this Chapter shall be applied when a
people's court tries cases concerning a roll of voters; the proclamation of
death of a missing person; the determination of a citizen as incompetent; and
the determination of a property as ownerless. For matters not covered in this
Chapter, the relevant stipulations of this Law and other laws shall be
applied.

    Article 129  If a case is tried in accordance with the procedures
stipulated in this Chapter, the judgment of first instance shall be final. A
collegial panel of judges shall be formed for the trial of any case involving
a roll of voters or any major, difficult or complicated case; other cases
shall be tried by a single judge alone.

    Article 130  If a people's court, while trying a case in accordance with
the procedure of this Chapter, discovers that the case involves a dispute over
rights and interests in civil affairs, it shall issue an order to terminate
the special procedure and inform the interested parties to bring another suit
in accordance with ordinary or summary procedure.

    Section 2  Cases Concerning Rolls of Voters

    Article 131  If citizens refuse to accept an election committee's decision
on an appeal concerning a roll of voters, they may bring a suit in the basic
people's court located in their electoral district.

    Article 132  After it has accepted a case concerning a roll of voters, the
people's court must try the case before the elections are held.

    The plaintiff, a representative of the election committee and other
citizens concerned must participate in the proceedings.

    The written judgment of the people's court shall be immediately served on
the election committee and the plaintiff, and other citizens concerned shall
be notified of the judgment.

    Section 3  Cases Concerning the Proclamation of the Death of a Missing
Person

    Article 133  An application for proclaiming the death of a missing person
shall be filed by the interested party with the people's court in the 1ocality
where the missing person last resided.

    The application shall clearly state the facts and time of the
disappearance as well as the action requested, and documentary evidence from
a public security organ concerning the missing person must be appended.

    Article 134  After it has accepted a case concerning a proclamation of the
death of a missing person, the people's court shall issue a public search
notice for the missing person. The time limit of the notice shall be one year.

    On the expiration of the period of public notice, the people's court,
depending, on whether the death of the missing person has been ascertained,
shall order to terminate the trial or make a judgment proclaiming the death
of the missing person.

    Article 135  If a missing person who has been proclaimed dead by a
people's court should reappear, the people's court, upon the application of
that person or an interested party, shall make a new judgment and annul the
former one.

    Section 4  Cases Concerning the Determination of a Citizen as Incompetent

    Article 136  An application for determining a citizen as incompetent shall
be filed by the citizen's close relatives or his work unit with the basic
people's court in the locality where the citizen has his domicile.

    The application must clearly state the facts and grounds on which the
citizen's incompetent is claimed.

    Article 137  After accepting an application for determining a citizen as
incompetent, the people's court when necessary shall have an expert examine
the citizen; if the applicant has already provided expert conclusions, the
people's court shall examine those conclusions.

    Article 138  When hearing a case for determining a citizen as incompetent,
the people's court when necessary shall appoint an agent ad litem for the
citizen and also question him in person; the citizen shall be summoned to
court if his state of health permits.

    Article 139  The people's court, after issuing a judgment determining a
citizen as incompetent, shall appoint a guardian for him according to law.

    If the people's court determines that an application for holding a citizen
incompetent is unjustified, it shall reject it.

    Article 140  If, at the request of a person who has been determined as
incompetence or of his guardian, a people's court verifies that the causes of
that person's incompetence have been eliminated, it shall make a new judgment
and annul the previous one.

    Section 5  Cases Concerning the Determination of a Property as Ownerless

    Article 141  An application for determining a property as ownerless shall
be filed with the basic people's court in the place where the property is
located by a relevant state organ, public organization, enterprise,
institution, grass-roots organization or individual.

    The application must clearly state the type and quantity of the property
and on what grounds the application for holding the property ownerless is
submitted.

    Article 142  If a people's court has investigated and established the
facts with respect to an application for determining a property as ownerless,
and no one comes forward to claim the property within one year after a public
notice has been issued, the court shall make a judgment determining the
property as ownerless and transfer it to the state or the collective
concerned.

    Article 143  If, after a property has been determined in a judgment as
ownerless, the original owner or his rightful heir comes forward to claim the
property, and the people's court has investigated and verified the
authenticity of the claim, the court shall make a new judgment and annul the
previous one.

    Part Three  Procedure of Second Instance and Procedure for Trial
Supervision
Chapter XIII  Procedure of Second Instance

    Article 144  If a party refuses to accept a judgment or order of first
instance of a local people's court at any level, he shall have the right to
file an appeal with the people's court at the next higher level.

    Article 145  The time limit for an appeal against a judgment shall be 15
days, and the time limit for an appeal against an order shall be 10 days.

    Article 146  An appeal petition shall include the names of the parties,
enterprises, institutions, state organs and public organizations involved in
the lawsuit, as well as the names of their legal representatives; the name of
the people's court where the case was first tried; the case file number and
the cause of action; and the requested action and reasons for it.

    Article 147  An appeal petition shall be submitted through the people's
court which originally tried the case, and copies of the petition shall be
prepared according to the number of people in the other party.

    If a party appeals directly to a people's court of second instance, the
court shall within five days transfer the appeal petition to the people's
court which originally tried the case.

    Article 148  Within five days after receiving the appeal petition, the
people's court which originally tried the case shall deliver copies of the
appeal petition to the other party. After receiving the copies of the appeal
petition, the other party must submit its defence within 15 days. Failure by
the other party to submit a defence shall not prevent the case from being
tried by the people's court.

    After receiving the appeal petition and the defence, the people's court
which originally tried the case shall, as soon as possible, deliver the
petition and defence together with the entire case file and evidence to the
people's court of second instance.

    Article 149  A people's court of second instancce must conduct a complete
review of the facts determined and the application of law by the people's
court of first instance, and shall not be limited by the scope of appeal.

    Article 150  When handling an appealed case, the people's court of second
instance shall form a collegial panel and conduct a hearing. If, after
consulting the files, making the necessary investigation and questioning the
parties, the collegial bench has verified the facts of the case and decides
that there is no need to conduct a hearing in court, it may issue an
immediate judgment.

    A people's court of second instance may try an appealed case in its own
court or in the place where the case originated or where the people's court
which originally tried the case is located.

    Article 151  After hearing an appealed case, the people's court of second
instance shall handle it according to the conditions set forth below:

    (1) if the facts were clearly ascertained and the law was correctly
applied in the original judgment, the appeal shall be rejected and the
original judgment sustained;

    (2) if the facts were clearly ascertained but the law was incorrectly
applied in the original judgment, the judgment shall be amended according
to law;

    (3) if the facts were not clearly ascertained in the original judgment
or the evidence was insufficient, or a violation of the prescribed procedure
may have affected the correctness of the original judgment, the judgment shall
be rescinded and the case remanded to the original people's court for retrial,
or the people's court of second instance may amend the judgment after
investigating and clarifying the facts.

    The parties may appeal against the judgment or order rendered in a
retrial of their case.

    Article 152  The people's court of second instance shall rule on all the
cases of appeal in which the parties concerned refuse to accept the orders of
the people's court of first instance.

    Article 153  In hearing an appealed case, the people's court of second
instance may conduct conciliation. If an agreement is reached through
conciliation, a written statement of conciliation shall be made and shall be
signed by the judicial personnel and the court clerk, and the seal of the
people's court shall be affixed to it. After the statement of conciliation
has been served, the judgment of the people's court which originally tried
the case shall be considered rescinded.

    Article 154  If an appellant requests to withdraw his appeal before the
people's court of second instance pronounces its judgment, the court shall
give an order on the request.

    Article 155  When a people's court of second instance hears an appeal, it
shall apply the ordinary procedures for trials of first instance, unless
otherwise stipulated in this Chapter.

    Article 156  The judgment and orders of a people's court of second
instance shall be final.
Chapter XIV  Procedure for Trial Supervision

    Article 157  If the president of a people's court at any level finds some
definite error in a legally effective judgment or order of his court and deems
it necessary to have the case retried. he shall refer it to the judicial
committee for discussion and decision.

    If the Superme People's Court finds some definite error in a legally
effective judgment or order of a people's court at any lower level, or if a
people's court at a higher level finds some definite error in a legally
effective judgment or order of a people's court at a lower level, it shall
have the power to bring the case up for trial itself or direct the people's
court at the lower level to conduct a retrial.

    Article 158  If a party or his agent ad litem considers that there is some
definite error in a legally effective judgement or order, he may appeal to the
people's court which tried the case or to a people's court at a higher level,
but the execution of the judgment or order cannot be suspended.

    In a case of appeal against a legally effective judgment or order, if the
people's court after reexamining the case considers the original judgment or
order correct and the appeal unjustified, it shall issue a notice rejecting
the appeal; if the original judgment or order is truly in error, the president
of the people's court shall refer the case to the judicial committee for
discussion and decision.

    Article 159  When a decision is made to retry a case in accordance with
the procedure for trial supervision, an order shall be issued to suspend the
execution of the original judgment. The order shall be signed by the president
of the court, and the seal of the people court shall be affixed to it.

    Article 160  In the retrial of a case in accordance with the procedure for
trial supervision, if the case was originally one of first instance, it shall
be tried in accordance with the procedure of first instance, and the parties
may appeal against the new judgment or order; if the case was originally one
of second instance or was brought up for trial by a people's court at a higher
level, it shall be tried in accordance with the procedure of second instance,
and the new judgment or order rendered shall be legally effective.

    Part Four  Procedure of Execution
Chapter XV  General Stipulations

    Article 161  Legally effective judgments, orders and conciliation
agreements in civil cases, as well as the parts of judgment or orders that
relate to property in criminal cases, shall be executed by the people's court
that tried the case in the first instance.

    Other legal documents which are to be executed by a people's court as
prescribed by law shall be executed by the people's court which has
jurisdiction over the case concerned.

    Article 162  If in the course of execution a person who not involved
in the case raises an objection with respect to the object of the execution,
the executor shall examine the objection. An unjustified objection shall be
rejected; a justified objection shall be submitted to the president of the
court who may approve suspension of execution, and then the objection shall be
referred to a collegial panel of judges for examination or to the judicial
committee for discussion and decision.

    Article 163  The execution shall be carried out by the executor or the
court clerk; important execution measures shall be carried out with the
participation of judicial police.

    In carrying out a compulsory execution measure, the executor shall show
his credentials to the person subject to the execution, or to an adult member
of his famify; the executor shall make a record of the particulars of the
execution, and have it signed or sealed by the personnel concerned on the
scene.

    Article 164  All units and individuals concerned in a case are obliged to
assist in the execution in accordance with the notice of the people's court.
Those who evade without reason, refuse to assist or obstruct the execution
shall be dealt with in accordance with the provisions of Article 77 of this
Law.

    Article 165  If a person or property subject to execution is in another
locality, the people's court in that 1ocality may be entrusted with
enforcement of the execution. The entrusted people's court shall begin the
execution within 15 days after receiving a lettcr of entrustment. After the
execution has been completed, the entrusted people's court shall inform the
entrusting people's court by letter of the result of the execution.
Chapter XVI  Referral of and Application for Execution

    Article 166  The parties must comply with legally effective judgments,
orders, and conciliation agreements in civil cases, and other legal documents
that are to be executed by the people's court. If a party refuses to comply,
the judge shall refer the matter to the executor, and the other party may also
apply to the people's court for execution.

    Article 167  If a party fails to comply with a legally effective order of
an arbitration agency, the other party may apply for execution to the people's
court which has jurisdiction over the case.

    Article 168  If a party fails to comply with a document of obligation that
has been rendered executory according to law by a notary office, the other
party may apply to the basic people's court which has jurisdiction over the
case for execution. If the basic people's court finds some definite error in
the notarial document, it shall disallow the execution and notify the notary
office of its decision.

    Article 169  The time limit for applying for execution shall be one year
if one or both of the parties are individuals; it shall be six months if both
parties are enterprises, institutions, state organs or public organizations.

    The above-mentioned time limit shall be calculated from the last day of
the period specified by the legal document for its performance. If the legal
document specifies that it shall be performed in stages, the time limit shall
be calculated from the last day of the period specified for each stage of
performance.

    Article 170  When an executor receives an application or referral for
exection, he shall within ten days familiarize himself with the case and
notify the person against whom the judgment has been passed to execute it
within the specified time limit. If the person fails to comply within the
time limit, execution shall be compelled.
Chapter XVII  Execution Measures

    Article 171  The units concerned must comply with the notice issued by the
people's court requesting them to assist in withholding or withdrawing money
from the savings deposits or income from work of a person against whom a
judgment or order is being executed.

    When a people's court decides to withhold or withdraw money from the
income from work of a person against whom the judgment or order is being
executed, it shall leave the necessary living expenses for him and his
dependent family members.

    Article 172  When a people's court seals up, distrains, freezes or sells
off the property of a person against whom a judgment or order is being
executed, it shall leave his essential production tools and the articles of
daily necessity for him and his dependent family members.

    Adoption of the above-mentioned measures shall be subject to the approval
of the president of the people's court.

    Article 173  When the people's court seals up or distrains a property, it
shall notify the person against whom the judgment or order is being executed
or an adult member of his family to appear on the scene; their refusal to
appear shall not hinder the execution. The person's work unit and the
grass-roots organization in the place where his property is located shall
send people to participate.

    An inventory of the sealed-up or distrained property must be made and,
after the inventory has been signed or sealed by the persons on the scene, a
copy of it shall be given to the person against whom the judgment or order is
being executed or to an adult member of his iamily.

    Article 174  The executor may assign the responsibility of safekeeping the
sealed-up property to the person against whom the judgment or order is being
executed, and he shall be held responsible for any losses incurred due to his
fault.

    Article 175  After a property has been sealed up or distrained, the
executor shall notify the person against whom the judgment or order is being
executed to fulfil within the prescribcd time limit the obligations specified
in the legal document. If the person fails to fulfill his obligations before
the deadline, his property shall be transferred to the unit concerned which
may either buy it or sell it off.

    Article 176  The executor shall summon both parties to deliver and receive
in person the property or negotiable instruments specified in the legal
document, or he may pass on the property or instruments to the recipient who
shall sign a receipt for them.

    Any unit concerned that holds the property or instruments at issue shall
pass them on in accordance with the notice of the people's court to assist in
the execution, and the recipient shall sign for such property or instruments.

    If a person other than a party to the lawsuit holds the property or
instruments at issue, the people's court shall notify him to relinquish them.
If he refuses to do so, execution shall be compelled.

    Article 177  If a compulsory eviction from a building or a plot of land
has been decided, the president of the people's court shall sign and issue a
public notice informing the person against whom the judgment or order is being
executed to comply within a designated period of time. If he refuses to comply
within the given time, the executor shall compel such execution.

    When a compulsory execution is being effected, the work unit of the person
against whom the judgment or order is being executed and the grass-roots
organization in the 1ocality of the building or land at issue shall send
people to participate. The person or an adult member of his family shall be
present; their refusal shall not hinder the execution. The executor shall make
a record of the particulars of the compulsory execution, and the people on the
scene shall affix  their signatures or seals to it.

    The people's court shall assign personnel to transport the property
involved in a compulsory execution to a designated location and deliver it to
the person in whose favour the judgment is being executed or to an adult
member of his family; if any loss is incurred due to the person's refusal to
accept the property, he shall be held responsible for it.

    Article 178  The executor shall notify the person against whom a judgment
or order is being executed to carry our the tasks required of him by the legal
document. If he refuses to comply without justified reason, the people's court
may entrust the tasks to a relevant unit or another person, and the person
against the judgment or order is being executed shall bear the expenses for
such an arrangement.

    Article 179  If the deposits of an enterprise, institution, state organ or
public organization are involved in an execution, the money shall be
transferred or assigned by the bank or the credit cooperative in accordance
with the notice of the people's court requesting assistance in execution.

    Article 180  If the property of the person against whom a judgement or
order is being executed is not enough to meet all the claims, he shall pay
off his debts in the following order:

    (1) wages and living expenses;

    (2) state taxes;

    (3) loans from state banks and credit cooperatives; and

    (4) other debts.

    If his property is not enough to pay all the claims which belong to the
same category, it shall be divided proportionally among those claimants.

    Article 181  If in the course of execution the two parties reconcile
themselves and reach a compromise on their own initiative, the executor shall
make a record of the terms of the compromise, and both parties shall affix
their signatures or seals to it.
Chapter XVIII  Suspension and Conclusion of Execution

    Article 182  The people's court shall order suspension of an execution
under any of the following conditions:

    (1) if the applicant indicates that the execution may be postponed;

    (2) if a person not involved in the case presents a reasonable objection;

    (3) if the person against whom the judgment or order is being executed is
unable to pay off his debts within a short time;

    (4) if one of the parties dies and it is necessary to wait for an heir to
inherit the rights of the deceased or to discharge his obligations; or

    (5) if other circumstances occur for which the people's court deems an
execution should be suspended.

    Execution shall be resumed when the circumstances which caused the
suspension of execution have disappeared.

    Article 183  The people's court shall order conclusion of an execution
under any of the following conditions:

    (1) if the applicant withdraws his application;

    (2) if the legal document on which the execution is based has been
repealed;

    (3) if the person against whom the judgment or order is being executed
dies and there is no estate to be executed and no one to discharge his
obligations;

    (4) if the person who has the right to claim alimony or support for
children or elders dies; or

    (5) if other circumstances occur for which the people's court deems an
execution should be concluded.

    Article 184  An order to suspend or conclude an execution shall become
effective immediately after being served on the parties concerned.

    Part Five  Special Stipulations for Civil Procedures Involving Foreign
Interests
Chapter XIX  General Principles

    Article 185  The provisions of this Part shall be applicable to any
foreign nationals, stateless persons and foreign enterprises and organizations
that are engaged in civil lawsuits in the People's Republic of China. In
situations not covered by the provisions of this Part, other relevant
provisions of this Law shall be applied.

    Article 186  Foreign nationals and stateless persons who institute or
respond to prosecutions in the people's courts shall have the same litigation
rights and obligations as citizens of the People's Republic of China.

    Foreign enterprises and organizations that institute or respond to
prosecutions in the people's courts shall have litigation rights and
obligations in accordance with the provisions of this Law.

    Article 187  Should the courts of a foreign country impose restrictions on
the civil litigatiton rights of the citizens, enterprises and organizations of
the People's Republic of China, the Chinese people's courts shall follow the
principle of reciprocity regarding the civil litigation rights of the
citizens, enterprises and organizations of that foreign country.

    Article 188  In the event of civil lawsuits brought against foreign
nationals, foreign organizations or international organizations that enjoy
judicial immunity, the people's courts shall deal with them according to the
law of the People's Republic of China and any international treaties concluded
or acceded to by China.

    Article 189  If an international treaty concluded or acceded to by the
People's Republic of China contains provisions differing from those found in
this Law, the provisions of the international treaty shall apply, unless the
provisions are ones on which China has announced reservations.

    Article 190  The spoken and written languages commonly used in the
People's Republic of China shall be used when the people's courts conduct
trials of cases in which foreign nationals are involved. Translation may be
provided at the request of the parties concerned, and the expenses shall be
borne by them.

    Article 191  When foreign nationals, stateless persons or foreign
enterprises or organizations appoint lawyers as agents ad litem to institute
or respond to prosecutions in the people's courts, they must appoint lawyers
of the People's Republic of China.

    Any power of attorney sent to a Chinese lawyer or a Chinese citizen by a
foreigner or stateless person who does not reside in the People's Republic of
China must be notarized by a notarial agency in the country where that person
resides and authenticated by the Chinese embassy or consulate there before it
shall become effectivc.
Chapter XX  Arbitration

    Article 192  When a dispute arises from the foreign economic, trade,
transport or maritime activities of China, if the parties have reached a
written agreement to submit the dispute for arbitration to the foreign affairs
arbitration agency of the People's Republic of China, they shall not bring a
suit in a people's court; if they have not reached such written agreement,
they may bring a suit in a people's court.

    If a dispute arises between foreign enterprises or organizations
concerning economic, trade, transport or maritime activities, the parties may,
in accordance with their written agreement, submit the dispute for arbitration
to the foreign affairs arbitration agency of the People's Republic of China or
they may file a suit in a people's court which has jurisdiction.

    Article 193  Once an arbitration award has been made on a case by the
foreign affairs arbitration agency of the People's Republic of China, the
parties shall not file a suit in a peoplc's court.

    Article 194  When the foreign affairs arbitration agency of the People's
Republic of China, upon the application of a party, considers it necessary to
take preservative measures, it shall request an order from the intermediate
people's court in the locality of the property of the person against whom such
action is directed or from the intermediate people's court in the place where
the arbitration agency is located.

    Article 195  If one party fails to comply with the award made by the
foreign affairs arbitration agency of the People's Republic of China, the
other party may apply to the intermediate people's court in the place where
the arbitration agency is located or to the intermediate people's court in the
locality of the property in question for enforcement of the award in
accordance with the relevant provisions of this Law.
Chapter XXI  Service and Time Periods

    Article 196  A people's court may serve litigation documents to a party
who does not reside in the People's Republic of China using the methods below.

    (1) It may serve the documents through diplomatic channels.

    (2) It may entrust the service of the documents on a party of Chinese
nationality to the embassy or consulate of the People's Republic of China in
the country where the party resides.

    (3) It may serve the documents by post if the law of the country where the
party resides permits such service by post.

    (4) It may entrust a court of the country where the party resides with the
task of serving the documents or use other means specified by agreement, if
that country has a judicial assistance agreement with the People's Republic of
China.

    (5) It may serve the documents through the party's agent ad litem.

    (6) It may serve the documents by public notice, if none of the
above-mentioned methods are practical. The documents shall be considered
served six months after the date on which the public notice is issued.

    Article 197  If a defendant does not reside in the People's Republic of
China, the people's court shall put an incoming dispatch stamp on the copy of
the bill of complaint to be sent to the defendant and notify him to forward
his bill of defence within 60 days after he receives the copy of the bill of
complaint. An extension of the deadline may be granted at the defendant's
request, but the extension may not exceed 30 days.

    Article 198  The time limit for a party who does not reside in the
People's Republic of China to file an appeal against a judgment issued by a
people's court of first instance shall be 60 days. The appellee must forward
his bill of defence within 60 days after he has received his copy of the
written appeal. If a party is unable to either file an appeal or forward a
statement of defence within the specified time limit, and therefore requests
an extension, an extension not to exceed 30 days may be granted.
Chapter XXII  Preservative Measures in Litigation

    Article 199  After a people's court has approved a party's application for
preservative measures in litigation, it shall instruct the party against whom
the application has been filed to provide a surety. If he refuses to provide
the surety, the people's court shall issue an order of distraint on his
property.

    Article 200  If a property distrained by a people's court needs to be kept
under surveillance, it shall notify the unit concerned to provide such
surveillance, and the party against whom the application has been filed shall
be responsible for all expenses thus incurred. However, the responsibility for
any losses or expenses incurred due to errors in the application shall be
borne by the applicant.

    Article 201  An order issued by a people's court to cancel a distraint
shall be carried out by the executor or by the unit exercising surveillance
which shall be notified thereof.
Chapter XXIII  Judicial Assistance

    Article 202  The people's court of China and foreign courts may entrust
each other with certain litigation actions in accordance with international
agreements concluded or acceded to by the People's Republic of China or on
the principle of reciprocity.

    Any matter entrusted to a Chinese court by a foreign court shall be
rejected if it is incompatible with the sovereignty and security of the
People's Republic of China; if the matter is outside its jurisdiction, the
people's court shall return the entrusted matter to the foreign court with
due explanation.

    Article 203  If a party applies for compulsory execution of a legally
effective judgment made by a people's court or an award made by an arbitration
agency of the People's Republic of China, but the person against whom the
application has been filed or his property is not in China, the people's
court may entrust a foreign court to assist the execution in accordance with
any international treaty concluded or acceded to by China or on the principle
of reciprocity.

    Article 204  When a people's court of the People's Republic of China is
entrustcd by a foreign court with the execution of a final judgment or order,
the people's court shall examine it in accordance with any international
treaty concluded or acceded to by the People's Republic of China or on the
principle of reciprocity. If the court deems that the judgment or order does
not violate the fundamental principles of the law of the People's Republic of
China or her national and social interests, it shall order to recognize the
validity of the judgment or order and execute it according to the procedure
specified in this Law; otherwise, the people's court shall return the
judgment or order to the foreign court.

    Article 205  When a foreign court commissions a people's court of the
People's Republic of China to serve or assist in the execution of certain
legal documents, or to take certain litigation actions on its behalf, it must
provide a Chinese translation of those legal documents and the power of
attorney.

    When a people's court commissions a foreign court to serve or assist in
the execution of certain legal documents, or to take certain litigation
actions on its behalf, it must provide a foreign language translation of
those legal documents and the power of attorney.



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