The People's Republic of China Civil Procedure Law (2017 Amendment)

(Adopted at the Fourth Session of the Seventh National People's Congress on April 9, 1991, in accordance with the 30th Session of the Standing Committee of the Tenth National People's Congress on October 28, 2007Decision on Amending the the People's Republic of China Civil Procedure Law"The first amendment is based on the 28th meeting of the Standing Committee of the Eleventh National People's Congress on August 31, 2012.Decision on Amending the the People's Republic of China Civil Procedure LawThe second amendment is based on the 28th meeting of the Standing Committee of the 12th National People's Congress on June 27, 2017 《Decision on Amending the the People's Republic of China Civil Procedure Law and the the People's Republic of China Administrative Procedure LawThird Amendment)
Directory
Part I General Provisions
Chapter I Mandate, Scope of Application and Basic Principles
Chapter II Jurisdiction
Section 1 Level Jurisdiction
Section 2 Territorial Jurisdiction
Section III Transfer and Designation of Jurisdiction
Chapter III Trial Organization
Chapter IV Avoidance
Chapter V Participants in Proceedings
Section 1 Parties
Section 2 Agents ad litem
Chapter VI Evidence
Chapter VII Period, Service
Section 1 Period
Section 2 Delivery
Chapter VIII Mediation
Chapter IX Preservation and Advance Execution
Chapter X Compulsory Measures Against Obstruction of Civil Actions
Chapter XI Litigation Costs
Part II Trial Procedure
Chapter XII Ordinary Procedure of First Instance
Section 1 Prosecution and Admissibility
Section 2 Preparation before Trial
Section 3 Trial
Section IV Suspension and Termination of Litigation
Section 5 Judgments and Rulings
Chapter XIII Summary Procedure
Chapter XIV Procedure of Second Instance
Chapter XV Special Procedures
Section 1 General Provisions
Section 2 Voter Qualification Cases
Section 3 Cases of Declaration of Disappearance and Death
Section 4 Cases of Determining a Citizen's Incapacity or Limited Capacity for Civil Conduct
Section 5 Cases of Determining Property as Unowned
Section 6 Cases of Confirmation of Mediation Agreement
Section VII. Cases in which security interests are realized
Chapter XVI Procedures for Trial Supervision
Chapter XVII Supervision Procedures
Chapter XVIII Procedures for Public Notice
Part III Execution Procedure
Chapter XIX General Provisions
Chapter 20 Application and Transfer for Execution
Chapter XXI Implementation Measures
Chapter 22 Suspension and Termination of Execution
Part IV Special Provisions on Foreign-related Civil Procedure
Chapter 23 General principles
Chapter XXIV Jurisdiction
Chapter 25 Service, Period
Chapter 26 Arbitration
Chapter XXVII Judicial Assistance
Part I General Provisions
Chapter I Mandate, Scope of Application and Basic Principles
Article 1
the People's Republic of China Civil Procedure LawConstitutionBased on the experience and actual situation of China's civil trial work.
Article 2 The task of the People's Republic of China the Civil Procedure Law is to protect the parties to exercise their litigation rights, ensure that the people's courts find out the facts, distinguish right from wrong, correctly apply the law, try civil cases in a timely manner, confirm the relationship between civil rights and obligations, sanction civil violations, and protect the parties. Legitimate rights and interests, educate citizens to consciously abide by the law, maintain social and economic order, and ensure the smooth progress of socialist construction.
Article 3 The People's Courts shall apply the provisions of this Law to civil lawsuits filed between citizens, legal persons, other organizations and between them for property and personal relations.
Article 4 Anyone who engages in civil proceedings in the field of the People's Republic of China must abide by this Law.
Article 5 Foreigners, stateless persons, foreign enterprises and organizations shall have the same litigation rights and obligations as the People's Republic of China citizens, legal persons and other organizations when filing or responding to lawsuits in the people's courts.
Where the courts of a foreign country impose restrictions on the civil litigation rights of the People's Republic of China citizens, legal persons and other organizations, the the People's Republic of China people's courts shall apply the principle of reciprocity to the civil litigation rights of citizens, enterprises and organizations of that country.
Article 6 The people's courts shall exercise judicial power in civil cases.
The people's courts shall try civil cases independently in accordance with the provisions of the law, and shall be free from interference by administrative organs, public organizations or individuals.
Article 7 In trying civil cases, the people's courts must base themselves on facts and take the law as the criterion.
Article 8 The parties to civil proceedings shall have equal litigation rights. In handling civil cases, the people's courts shall guarantee and facilitate the parties to exercise their litigation rights, and apply the law equally to the parties.
Article 9 In trying civil cases, the people's courts shall conduct conciliation in accordance with the principles of voluntariness and legality; if conciliation fails, they shall make a judgment without delay.
Article 10 In trying civil cases, the people's courts shall, in accordance with the provisions of the law, apply the systems of collegiality, withdrawal, public trial and the second instance being the last instance.
Article 11 Citizens of all nationalities shall have the right to use their own spoken and written languages in civil proceedings.
In areas where ethnic minorities live in concentrated communities or where multiple ethnic groups live together, the people's courts shall conduct trials and issue legal documents in the languages and scripts commonly used by the local ethnic groups.
The people's court shall provide interpreters for participants in the proceedings who are not familiar with the languages and scripts commonly used by the local nationalities.
Article 12 When a people's court tries a civil case, the parties shall have the right to debate.
Article 13 The principle of good faith shall be observed in civil proceedings.
The parties shall have the right to dispose of their civil and litigation rights within the limits prescribed by law.
Article 14 The people's procuratorates shall have the right to exercise legal supervision over civil proceedings.
Article 15 State organs, social organizations, enterprises and institutions may support the injured unit or individual in bringing a suit in a people's court for an act that damages the civil rights and interests of the state, a collective or an individual.
Article 16 The people's congresses of national autonomous areas shall be based onConstitutionand the principles of this law, taking into account the specific conditions of the local nationalities, may formulate alternative or supplementary provisions. The regulations of an autonomous region shall be submitted to the Standing Committee of the National People's Congress for approval. The provisions of an autonomous prefecture or autonomous county shall be submitted to the standing committee of the people's congress of the province or autonomous region for approval and to the Standing Committee of the National People's Congress for the record.
 
Chapter II Jurisdiction
Section 1 Level Jurisdiction
Article 17
The basic people's courts shall have jurisdiction as courts of first instance over civil cases, unless otherwise provided for in this Law.
Article 18 The intermediate people's courts shall have jurisdiction as courts of first instance over the following civil cases:
(I) major foreign-related cases;
(II) cases that have a major impact in the jurisdiction;
(III) cases that the Supreme People's Court has determined to be under the jurisdiction of the intermediate people's courts.
Article 19 The higher people's courts shall have jurisdiction as courts of first instance over civil cases of great importance to their jurisdiction.
Article 20 The Supreme People's Court shall have jurisdiction as a court of first instance over the following civil cases:
(I) cases that have a major national impact;
Cases that the (II) considers should be tried by the Court.
 
Section 2 Territorial Jurisdiction
Article 21
A civil lawsuit brought against a citizen shall be under the jurisdiction of the people's court of the place where the defendant has his domicile; if the place of the defendant's domicile is inconsistent with his habitual residence, the case shall be under the jurisdiction of the people's court of his habitual residence.
A civil lawsuit brought against a legal person or any other organization shall be under the jurisdiction of the people's court of the place where the defendant has his domicile.
Where the domiciles or habitual residences of several defendants in the same lawsuit are within the jurisdiction of two or more people's courts, each of those people's courts shall have jurisdiction.
Article 22 The following civil actions shall be under the jurisdiction of the people's court of the place where the plaintiff has his domicile; if the place of the plaintiff's domicile is inconsistent with the place of his habitual residence, the case shall be under the jurisdiction of the people's court of the place where the plaintiff has his habitual residence:
(I) proceedings relating to identity against persons who do not reside in the the People's Republic of China sphere;
(II) proceedings concerning the identity of a person whose whereabouts are unknown or who has been declared missing;
(III) proceedings against persons subject to compulsory educational measures;
(IV) proceedings against incarcerated persons.
Article 23 A lawsuit arising from a contract dispute shall be under the jurisdiction of the people's court of the place where the defendant has his domicile or where the contract is performed.
Article 24 A lawsuit brought on a dispute over an insurance contract shall be under the jurisdiction of the people's court in the place where the defendant has his domicile or where the subject matter of insurance is located.
Article 25 A lawsuit brought on a bill dispute shall be under the jurisdiction of the people's court of the place where the bill is paid or where the defendant has his domicile.
Article 26 Litigation arising from disputes over the establishment of a company, confirmation of shareholder qualifications, distribution of profits, dissolution, etc., shall be under the jurisdiction of the people's court of the company's domicile.
Article 27 A lawsuit brought over a dispute over a railway, highway, water, air or combined transport contract shall be under the jurisdiction of the people's court of the place of origin, destination or domicile of the defendant.
Article 28 A lawsuit brought for an infringing act shall be under the jurisdiction of the people's court of the place where the infringing act is committed or where the defendant has his domicile.
Article 29 A lawsuit for damages arising from a railway, highway, aquatic or aviation accident shall be under the jurisdiction of the People's Court of the place where the accident occurred or where the vehicle or ship first arrived or where the aircraft first landed or where the defendant has his domicile.
Article 30 A lawsuit for damages arising from a ship collision or other maritime accident shall be under the jurisdiction of the people's court of the place where the collision occurred, the place where the colliding ship first arrived, the place where the ship at risk was detained or the place where the defendant has his domicile.
Article 31 An action for expenses incurred in salvage at sea shall be under the jurisdiction of the people's court at the place of salvage or at the place where the salvaged ship first arrived.
Article 32 An action brought on general average shall be under the jurisdiction of the people's court of the place where the ship first arrived, where the general average was calculated or where the voyage was terminated.
Article 33 The following cases shall be under the exclusive jurisdiction of the people's courts specified in this Article:
A lawsuit brought by a (I) over a real estate dispute shall be under the jurisdiction of the people's court in the place where the real estate is located;
A lawsuit brought by a (II) over a dispute arising from port operations shall be under the jurisdiction of the people's court at the place where the port is located;
A lawsuit brought by a (III) over a dispute over inheritance shall be under the jurisdiction of the people's court of the place where the decedent has his domicile at the time of his death or where his principal estate is located.
Article 34 The parties to a dispute over a contract or other property rights and interests may, by written agreement, choose the jurisdiction of the people's court in the place where the defendant has his domicile, the place where the contract is performed, the place where the contract is signed, the place where the plaintiff has his domicile, the place where the subject matter is located, and other places that are actually related to the dispute, but shall not violate the provisions of this Law on level jurisdiction and exclusive jurisdiction.
Article 35 Where two or more people's courts have jurisdiction over a lawsuit, the plaintiff may bring a lawsuit in one of the people's courts; where the plaintiff brings a lawsuit in two or more people's courts that have jurisdiction, the people's court that first filed the case shall have jurisdiction.
 
Section III Transfer and Designation of Jurisdiction
Article 36
If the people's court finds that the case it accepts is not under its jurisdiction, it shall transfer it to the people's court that has jurisdiction, and the people's court to which it is transferred shall accept it. If the people's court to which the case is transferred considers that the case to be transferred does not fall under its jurisdiction in accordance with the provisions, it shall report to the people's court at a higher level to designate jurisdiction, and shall not transfer the case on its own.
Article 37 If a people's court that has jurisdiction over the case is unable to exercise its jurisdiction for special reasons, a people's court at a higher level shall designate jurisdiction.
If a dispute arises between the people's courts over jurisdiction, it shall be resolved by the parties to the dispute through consultation; if the dispute cannot be resolved through consultation, it shall be reported to their common superior people's court for designation of jurisdiction.
Article 38 A people's court at a higher level shall have the power to try civil cases of first instance under the jurisdiction of a people's court at a lower level; if it is really necessary to refer a civil case of first instance under its jurisdiction to a people's court at a lower level for trial, it shall report to the people's court at a higher level for approval.
If a people's court at a lower level deems it necessary for a civil case of first instance under its jurisdiction to be tried by a people's court at a higher level, it may report to the people's court at a higher level for trial.
 
Chapter III Trial Organization
Article 39
In trying civil cases of first instance in a people's court, a collegial panel shall be composed of judges and jurors or of judges. The number of members of the collegial panel must be an odd number.
Civil cases to which summary procedure is applied shall be tried by a single judge alone.
When performing jury duties, jurors have the same rights and obligations as judges.
Article 40 A people's court of second instance shall hear civil cases by a collegial panel of judges. The number of members of the collegial panel must be an odd number.
In a case remanded for retrial, the people's court that originally tried the case shall form a separate collegial panel in accordance with the procedure of first instance.
If the trial of a retrial case is originally of first instance, a separate collegial panel shall be formed in accordance with the procedure of first instance; if it is originally of second instance or is brought up by a people's court at a higher level, a separate collegial panel shall be formed in accordance with the procedure of second instance.
Article 41 The president of the court or the chief judge of a division shall designate one of the judges to serve as the presiding judge of a collegial panel; if the president or the chief judge participates in the trial, the president or the chief judge shall serve as the presiding judge.
Article 42 In deliberating a case, a collegial panel shall follow the principle that the minority is subordinate to the majority. A transcript of the deliberations shall be made and signed by the members of the collegial panel. Dissenting opinions in the deliberations must be truthfully recorded in the transcript.
Article 43 Judicial officers shall handle cases impartially in accordance with the law.
Judges shall not accept gifts from the parties and their agents ad litem.
Judicial personnel who commit corruption, accept bribes, practice favoritism, or bend the law in adjudication shall be investigated for legal responsibility; if a crime is constituted, criminal responsibility shall be investigated according to law.
 
Chapter IV Avoidance
Article 44
In any of the following circumstances, judges shall withdraw themselves, and the parties shall have the right to apply for their withdrawal orally or in writing:
The (I) is a party to the case or a close relative of a party or agent ad litem;
Where the (II) has an interest in the case;
The (III) has other relations with the parties and agents ad litem in the case, which may affect the fair trial of the case.
If a judicial officer accepts an invitation or gift from a party or agent ad litem, or meets a party or agent ad litem in violation of regulations, the party has the right to request them to withdraw.
Judicial personnel who commit any of the acts specified in the preceding paragraph shall be investigated for legal responsibility in accordance with the law.
The provisions of the preceding three paragraphs shall apply to court clerks, interpreters, expert witnesses and inspectors.
Article 45 When a party makes an application for withdrawal, it shall state the reasons and submit it at the beginning of the trial of the case; if the reasons for withdrawal are known after the start of the trial of the case, they may also submit them before the conclusion of the court debate.
The person whose withdrawal is applied for shall suspend his participation in the work of the case before the people's court makes a decision on whether to withdraw, except where the case requires urgent measures.
Article 46 The withdrawal of the president of the court when serving as the presiding judge shall be decided by the judicial committee; the withdrawal of judicial personnel shall be decided by the president of the court; the withdrawal of other personnel shall be decided by the presiding judge.
Article 47 The people's court shall make an oral or written decision on a party's application for withdrawal within three days of the application. If the applicant is not satisfied with the decision, he may apply for reconsideration once upon receipt of the decision. During the period of reconsideration, the person whose recusal has been applied for shall not stop participating in the work of the case. The people's court shall, within three days of the application for reconsideration, make a decision on reconsideration and notify the applicant for reconsideration.
 
Chapter V Participants in Proceedings
Section 1 Parties
Article 48
Citizens, legal persons and other organizations may be parties to civil proceedings.
Legal persons shall be litigated by their legal representatives. Other organizations are litigated by their principal leaders.
Article 49 The parties shall have the right to appoint an agent, file an application for withdrawal, collect and provide evidence, engage in debate, request mediation, file an appeal and apply for enforcement.
The parties may consult the relevant materials of the case and may copy the relevant materials and legal documents of the case. The scope and measures for consulting and copying the relevant materials of the case shall be prescribed by the Supreme People's Court.
The parties must exercise their litigation rights in accordance with the law, abide by the order of litigation, and perform the legally effective judgments, rulings and mediation documents.
Article 50 Both parties may reconcile themselves.
Article 51 The plaintiff may abandon or change his claim. The defendant may admit or refute the claim and has the right to file a counterclaim.
Article 52 If one party or both parties consist of two or more persons, and the subject matter of the action is common, or the subject matter of the action is of the same kind, and the people's court considers that the trial can be combined with the consent of the parties, it shall be a joint action.
If one of the parties to a joint action has common rights and obligations with respect to the subject matter of the action, the action of one of them shall be recognized by the other joint litigants and shall be effective against the other joint litigants; if there is no common rights and obligations with respect to the subject matter of the action, the action of one of them shall not be effective against the other joint litigants.
Article 53 In a joint action with a large number of parties, the parties may elect representatives to proceed with the action. The litigation act of the representative shall be effective for the party it represents, but the consent of the party represented shall be required for the representative to change, waive the claim or recognize the claim of the other party and make a settlement.
Article 54 If the object of action is of the same kind and the number of one party is large and has not yet been determined at the time of prosecution, the people's court may issue a public announcement, stating the circumstances of the case and the claims, and notify the obligee to register with the people's court within a certain period of time.
The right holder registered with the people's court may elect a representative to proceed with the lawsuit; if the representative cannot be elected, the people's court may agree on a representative with the right holder participating in the registration.
The litigation act of the representative shall be effective for the party it represents, but the consent of the party represented shall be required for the representative to change, waive the claim or recognize the claim of the other party and make a settlement.
The judgments and rulings made by the people's court shall be effective for all the right holders participating in the registration. If the right holder who has not participated in the registration files a lawsuit during the limitation period, the judgment or ruling shall apply.
Article 55 For environmental pollution, infringement of the legitimate rights and interests of many consumers and other acts that harm the public interest, the organs and relevant organizations prescribed by law may bring a lawsuit to the people's court.
In the course of performing its duties, the people's Procuratorate discovers acts that damage the ecological environment and the protection of resources, infringe upon the legitimate rights and interests of many consumers in the field of food and drug safety, and other acts that damage the public interests of society, in the absence of the organs and organizations specified in the preceding paragraph or in the absence of the organs and organizations specified in the preceding paragraph, a lawsuit may be brought in a people's court. If the organs or organizations specified in the preceding paragraph bring a lawsuit, the people's procuratorate may support the prosecution.
Article 56 If a third party considers that it has an independent claim to the subject matter of the action of both parties, it shall have the right to bring an action.
Although the third party has no independent claim to the subject matter of the litigation of both parties, if the outcome of the case has a legal interest in him, he may apply to participate in the litigation, or the people's court shall notify him to participate in the litigation. The third party who bears civil liability in the judgment of the people's court shall have the litigation rights and obligations of the parties.
If the third party specified in the preceding two paragraphs fails to participate in the proceedings due to reasons that cannot be attributed to him, but there is evidence to prove that part or all of the contents of the legally effective judgment, ruling or mediation statement are wrong and damage his civil rights and interests, he may, within six months from the date when he knew or should have known that his civil rights and interests were damaged, bring a lawsuit to the people's court that made the judgment, ruling or mediation statement. If the people's court, after hearing the claim, is established, it shall change or revoke the original judgment, ruling or mediation statement; if the claim is not established, the claim shall be rejected.
 
Section 2 Agents ad litem
Article 57
A person without legal capacity shall be represented by his guardian as legal representative. If the legal representatives shirk the responsibility of agency to each other, the people's court shall appoint one of them to act on their behalf.
Article 58 A party or legal representative may entrust one or two persons as agents ad litem.
The following persons may be entrusted as agents ad litem:
(I) lawyers, grassroots legal service workers;
Close relatives or staff members of the (II) party;
(III) citizens of the communities, units and recommend of relevant social organizations.
Article 59 When entrusting another person to act on behalf of a lawsuit, a power of attorney signed or sealed by the client must be submitted to the people's court.
The power of attorney must state the entrustment matters and authority. The agent ad litem must have the special authorization of the principal to admit, waive or change the claim, make a settlement, file a counterclaim or appeal on behalf of the principal.
A power of attorney sent or entrusted by a People's Republic of China citizen residing abroad must be certified by the embassy or consulate of the the People's Republic of China country in that country; if there is no embassy or consulate, it shall be certified by the embassy or consulate of a third country that has diplomatic relations with the People's Republic of China country in that country, and then by the the People's Republic of China embassy or consulate in that third country, or by a local patriotic overseas Chinese group.
Article 60 If the authority of an agent ad litem is changed or rescinded, the parties shall inform the people's court in writing, and the people's court shall notify the other party.
Article 61 Lawyers and other agents ad litem who act as agents shall have the right to investigate and collect evidence and may consult the relevant materials of the case. The scope and measures for consulting materials related to the case shall be prescribed by the Supreme People's Court.
Article 62 If there is an agent ad litem in a divorce case, he or she shall appear in court, unless he or she is unable to express his or her intention; if he or she is indeed unable to appear in court due to special circumstances, he or she must submit his or her written opinions to the people's court.
 
Chapter VI Evidence
Article 63
The evidence includes:
(I) the statements of the parties;
(II) documentary evidence;
(III) physical evidence;
(IV) audio-visual materials;
(V) electronic data;
(VI) witness testimony;
(VII) appraisal opinions;
Transcript of (VIII) inquest.
Evidence must be verified before it can be used as a basis for determining facts.
Article 64 The parties shall have the responsibility to provide evidence in respect of their claims.
The people's court shall investigate and collect the evidence that the parties and their agents ad litem are unable to collect on their own due to objective reasons, or the evidence that the people's court deems necessary for the trial of the case.
The people's court shall, in accordance with legal procedures, comprehensively and objectively examine and verify the evidence.
Article 65 The parties shall promptly provide evidence for their claims.
The people's court shall, in accordance with the claims of the parties and the circumstances of the trial of the case, determine the evidence to be provided by the parties and the time limit for it. If the party has real difficulties in providing evidence within the time limit, he may apply to the people's court for an extension of the time limit, and the people's court shall appropriately extend the time limit according to the application of the party. If the party concerned provides evidence within the time limit, the people's court shall order it to explain the reasons; if it refuses to explain the reasons or the reasons are not tenable, the people's court may, according to different circumstances, refuse to accept the evidence, or accept the evidence but admonish or fine it.
Article 66 When the people's court receives the evidentiary materials submitted by the parties, it shall issue a receipt, stating the name of the evidence, the number of pages, the number of copies, the original or photocopy, and the time of receipt, and shall be signed or sealed by the handling personnel.
Article 67 The people's court shall have the right to investigate and collect evidence from the relevant units or individuals, and the relevant units or individuals shall not refuse to do so.
The people's court shall distinguish the authenticity of the certifying documents submitted by the relevant units and individuals and examine them to determine their validity.
Article 68 Evidence shall be presented in court and cross-examination by the parties. Evidence involving state secrets, commercial secrets and personal privacy shall be kept confidential. If it needs to be presented in court, it shall not be presented in public court.
Article 69 The people's court shall use legal facts and documents notarized through legal procedures as the basis for determining the facts, unless there is evidence to the contrary sufficient to overturn the notarized certificate.
Article 70 The original documentary evidence shall be submitted. Material evidence shall be submitted in its original form. If it is really difficult to submit the original or original, copies, photographs, copies or excerpts may be submitted.
The submission of documentary evidence in a foreign language must be accompanied by a Chinese translation.
Article 71 The people's court shall distinguish the authenticity of audio-visual materials and, in the light of other evidence in the case, examine them to determine whether they can be used as a basis for ascertaining facts.
Article 72 All units and individuals who know the circumstances of a case shall have the obligation to testify in court. The person in charge of the relevant unit shall support the witness to testify.
People who cannot express their meaning correctly cannot testify.
Article 73 Upon notification by a people's court, a witness shall testify in court. Under any of the following circumstances, with the permission of the people's court, testimony may be given by means of written testimony, audio-visual transmission technology or audio-visual materials:
The (I) is unable to appear in court for health reasons;
(II) unable to appear in court due to long distance and inconvenient transportation;
The (III) is unable to appear in court due to force majeure such as natural disasters;
(IV) other justifiable reasons for being unable to appear in court.
Article 74 Necessary expenses for transportation, accommodation, meals and other expenses incurred by a witness as a result of fulfilling his obligation to testify in court, as well as the loss of lost work, shall be borne by the losing party. If a party applies for a witness to testify, the party shall advance the payment; if the party fails to apply, the people's court shall notify the witness to testify, the people's court shall advance the payment.
Article 75 The people's court shall examine the statements of the parties in the light of other evidence in the case to determine whether they can be used as a basis for ascertaining the facts.
If a party refuses to make a statement, it shall not affect the people's court's determination of the facts of the case on the basis of evidence.
Article 76 The parties may apply to the people's court for an appraisal on a specific issue of ascertaining facts. If the parties apply for appraisal, the parties shall determine the qualified appraiser through consultation; if the consultation fails, the people's court shall appoint the appraiser.
If the parties have not applied for appraisal, the people's court shall entrust a qualified appraiser to make the appraisal if it deems it necessary to make an appraisal on a specialized issue.
Article 77 The appraiser shall have the right to know the case materials needed for the appraisal and may question the parties and witnesses when necessary.
The appraiser shall submit a written appraisal opinion and sign or seal the appraisal certificate.
Article 78 If the parties have objections to the expert opinions or the people's court considers it necessary for the expert to appear in court, the expert shall testify in court. Upon notification by the people's court, if the appraiser refuses to testify in court, the appraisal opinion shall not be used as the basis for determining the facts; the party who paid the appraisal fee may request the return of the appraisal fee.
Article 79 The parties may apply to the people's court to notify a person with specialized knowledge to appear in court and submit opinions on the appraisal opinions or professional issues made by the appraisers.
Article 80 When inspecting material evidence or a scene, the inspector must produce a certificate issued by the people's court and invite the local grass-roots organization or the unit to which the party belongs to send a person to participate. The party concerned or an adult family member of the party concerned shall be present, and refusal to be present shall not affect the conduct of the inquest.
The units and individuals concerned shall, in accordance with the notice of the people's court, have the obligation to protect the scene and assist in the inspection work.
The inspector shall make a record of the situation and results of the inspection, which shall be signed or sealed by the inspector, the parties and the invited participants.
Article 81 Where evidence may be destroyed or lost or difficult to obtain later, the parties may, in the course of the proceedings, apply to the people's court for the preservation of evidence, and the people's court may also take measures to preserve it on its own initiative.
In case of emergency, if the evidence may be destroyed or lost or difficult to obtain in the future, the interested party may, before bringing a lawsuit or applying for arbitration, apply to the place where the evidence is located, the place where the respondent has his domicile or the people's court that has jurisdiction over the case for the preservation of the evidence.
Other procedures for evidence preservation shall be governed by reference to the relevant provisions on preservation in Chapter IX of this Law.
 
Chapter VII Period, Service
Section 1 Period
Article 82
The period includes the statutory period and the period designated by the people's court.
Period is calculated by hour, day, month and year. The hour and day of the beginning of the period are not counted in the period.
If the last day of the period is a holiday, the first day after the holiday shall be the date of expiration of the period.
The period does not include the time in transit, and if the litigation documents are mailed before the expiration of the period, they are not overdue.
Article 83 If a party delays the time limit due to force majeure or other justifiable reasons, he may, within 10 days after the obstacle is removed, apply for an extension of the time limit, and whether to grant the approval shall be decided by the people's court.
 
Section 2 Delivery
Article 84
Service of litigation documents must be accompanied by a certificate of service, and the person to be served shall record the date of receipt on the certificate of service and sign or seal it.
The date of receipt signed by the addressee on the return of service shall be the date of service.
Article 85 The service of litigation documents shall be sent directly to the person on whom they are to be served. If the person to be served is a citizen, he shall not hand it over to his adult family members to sign for it; if the person to be served is a legal person or other organization, it shall be signed by the legal representative of the legal person, the principal person in charge of the other organization or the person responsible for the receipt of the legal person or organization; if the person to be served has an agent ad litem, he may send it to the agent for signature.
The date on which an adult family member of the person to be served, the person responsible for receiving the documents of a legal person or other organization, the agent ad litem or the person on whose behalf the documents are served shall be the date of service.
Article 86 If the person to be served or his adult family members living with him refuse to accept the litigation documents, the person to be served may invite the representatives of the relevant grass-roots organizations or the unit to be present, explain the situation, record the reasons and date of refusal on the service receipt, and leave the litigation documents in the residence of the person to be served with the signature or seal of the person to be served and the litigation documents may also be left in the residence of the person to be served, the delivery process shall be recorded by taking photos, video recording, etc., and shall be deemed as delivery.
Article 87 With the consent of the person to be served, the people's court may serve litigation documents by fax, e-mail or other means that can confirm receipt, except for judgments, orders, and mediation documents.
In the case of service by means of the preceding paragraph, the date of arrival of fax, e-mail, etc. at the recipient's specific system shall be the date of service.
Article 88 If it is difficult to serve litigation documents directly, other people's courts may be entrusted to serve them on their behalf or by mail. In the case of service by mail, the date of receipt indicated on the receipt shall be the date of service.
Article 89 If the person to be served is a serviceman, he shall be forwarded through the political organ of the unit at or above the regiment level of the unit to which he belongs.
Article 90 If the person on whom he is to be served is imprisoned, he shall be transferred through the prison where he belongs.
If the person to be served has been subjected to compulsory educational measures, he or she shall be transferred through the compulsory educational institution to which he or she belongs.
Article 91 Upon receipt of the litigation document, the organ or unit transmitting it must immediately hand it over to the person to whom it is to be served for signature, and the date of signature on the service receipt shall be taken as the date of service.
Article 92 If the whereabouts of the person on whom the service is to be served are unknown, or if service cannot be served by any other means provided for in this Section, the service shall be effected by public notice. Sixty days from the date of the announcement shall be deemed to have been served.
In the case of service by public notice, the reason and course shall be recorded in the case file.
 
Chapter VIII Mediation
Article 93
In the trial of civil cases, the people's court shall, in accordance with the principle of voluntariness of the parties and on the basis of clear facts, distinguish between right and wrong and conduct mediation.
Article 94 Conciliation conducted by a people's court may be presided over by a single judge or by a collegial panel, and shall be conducted on the spot as much as possible.
The people's court may, in conciliation, notify the parties and witnesses to appear in court by simple means.
Article 95 When a people's court conducts conciliation, it may invite relevant units or individuals to assist it. The invited units and individuals shall assist the people's court in mediation.
Article 96 An agreement reached through mediation must be of the will of both parties and may not be forced. The content of the mediation agreement shall not violate the provisions of the law.
Article 97 When a mediation agreement is reached, the people's court shall make a mediation letter. The mediation letter shall state the claim, the facts of the case and the result of the mediation.
The mediation letter shall be signed by the judge and the clerk, stamped with the seal of the people's court, and served on the parties.
The conciliation statement shall have legal effect when it is signed by both parties.
Article 98 If an agreement is reached through mediation in the following cases, the people's court may not make a mediation statement:
(I) mediation and good divorce cases;
(II) mediation of cases in which the adoptive relationship is maintained;
(III) cases capable of immediate performance;
(IV) other cases that do not require the production of a conciliation statement.
An agreement that does not require the production of a mediation statement shall be recorded in the record and shall have legal effect after it is signed or sealed by the parties, the judge or the clerk.
Article 99 If no agreement is reached through conciliation or if one of the parties goes back on his word before the conciliation statement is served, the people's court shall make a judgment without delay.
 
Chapter IX Preservation and Advance Execution
The Hundred
The people's court may, on the application of the other party, order the preservation of his property, order him to perform certain acts or prohibit him from performing certain acts in cases where the execution of the judgment may be difficult or other damages may be caused to the parties due to the acts of one of the parties or other reasons. If the parties fail to submit an application, the people's court may also order to take preservation measures when necessary.
If the people's court takes preservation measures, it may order the applicant to provide security. If the applicant fails to provide security, it shall rule to reject the application.
After the people's court accepts the application, if the situation is urgent, it must make a ruling within 48 hours; if the ruling is to take protective measures, it shall immediately start execution.
Article 101 If an interested party, due to an emergency situation, does not immediately apply for preservation, which will cause irreparable damage to his or her legitimate rights and interests, he or she may, before filing a lawsuit or applying for arbitration, apply to the people's court where the property to be preserved is located, the domicile of the respondent or the people's court that has jurisdiction over the case for preservation measures. The applicant shall provide security, and if no security is provided, the application shall be rejected.
After accepting the application, the people's court must make a ruling within 48 hours; if the ruling is to be taken, it shall immediately begin to be implemented.
If the applicant fails to bring a suit or apply for arbitration in accordance with the law within 30 days after the people's court has taken the preservation measures, the people's court shall lift the preservation.
Article 102 Preservation shall be limited to the scope of the request or to the property relevant to the case.
Article 103 Property preservation shall be by sealing up, distraining, freezing or other methods prescribed by law. After the people's court preserves property, it shall immediately notify the person whose property is preserved.
If the property has been sealed up or frozen, it shall not be repeatedly sealed up or frozen.
Article 104 In a property dispute case, if the respondent provides security, the people's court shall rule to lift the preservation.
Article 105 If the application is in error, the applicant shall compensate the party against whom the application is made for the losses suffered as a result of the preservation.
Article 106 In the following cases, the people's court may, upon the application of the parties, order advance execution:
(I) to recover alimony, maintenance, upbringing, pension or medical expenses;
(II) recourse for labor remuneration;
(III) need to be executed in advance due to the emergency of the situation.
Article 107 Where a people's court orders advance execution, the following conditions shall be met:
(I) the relationship of rights and obligations between the parties is clear, and failure to enforce the rights and obligations will seriously affect the life or production and operation of the applicant;
(II) the respondent has the ability to perform.
The people's court may order the applicant to provide security, and if the applicant fails to provide security, the application shall be rejected. If the applicant loses the lawsuit, he shall compensate the respondent for the property losses suffered as a result of the advance execution.
Article 108 If the parties are not satisfied with the order of preservation or prior execution, they may apply for reconsideration once. Execution of the ruling shall not be suspended during the period of reconsideration.
 
Chapter X Compulsory Measures Against Obstruction of Civil Actions
Article 109
If a people's court refuses to appear in court without justifiable reasons after two summonses for a defendant who must appear in court, it may summon him by arrest.
Article 110 Participants in the proceedings and other persons shall abide by the court rules.
The people's court may reprimand those who violate the court rules, order them to withdraw from the court or impose a fine or detention.
The people's court shall investigate the criminal responsibility of those who make a scene, attack the court, insult, slander, threaten or beat the judicial personnel, and seriously disturb the order of the court; if the circumstances are relatively minor, they shall be fined or detained.
Article 111 If a participant in the proceedings or any other person commits any of the following acts, the people's court may impose a fine or detain him according to the seriousness of the act; if the case constitutes a crime, he shall be investigated for criminal responsibility according to law:
(I) forges or destroys important evidence to obstruct the people's court from trying a case;
(II) use violence, threats or bribery to prevent a witness from testifying or instigate, bribe or coerce another person to give false testimony;
(III) conceals, transfers, sells off or destroys the property that has been sealed up or distrained, or the property that has been counted and ordered to be kept, and transfers the property that has been frozen;
(IV) insult, slander, frame up, beat or retaliate against judicial personnel, participants in litigation, witnesses, translators, expert witnesses, inspectors or persons assisting in enforcement;
(V) obstructing judicial personnel from performing their duties by violence, threat or other means;
(VI) refuses to comply with a legally effective judgment or ruling of the people's court.
The people's court may impose a fine on or detain the main person in charge of a unit that commits one of the acts specified in the preceding paragraph or the person directly responsible; if a crime is constituted, criminal responsibility shall be investigated according to law.
Article 112: Where the parties maliciously collude with each other in an attempt to infringe upon the lawful rights and interests of others through litigation, mediation, etc., the people's court shall reject the request and impose a fine or detention based on the seriousness of the circumstances; if a crime is constituted, criminal responsibility shall be investigated according to law.
Article 113: Where the person subject to execution conspires with others in bad faith to evade the performance of the obligations specified in the legal documents through litigation, arbitration, mediation, etc., the people's court shall impose a fine or detention based on the seriousness of the circumstances; if a crime is constituted, criminal responsibility shall be investigated according to law.
Article 114 Where a unit that has the obligation to assist in investigation or execution commits any of the following acts, the people's court may, in addition to ordering it to perform its obligation of assistance, impose a fine:
(I) relevant units refuse or obstruct the investigation and collection of evidence by the people's court;
After receiving the notice of assistance in execution by the people's court, the relevant unit of the (II) refuses to assist in inquiring, seizing, freezing, allocating or changing the value of the property;
After receiving the notice of assistance in execution from the people's court, the relevant unit of the (III) refuses to assist in withholding the income of the person subject to execution, going through the formalities for the transfer of relevant property rights certificates, or handing over relevant tickets, certificates or other property;
(IV) other refusal to assist in execution.
The people's court may impose a fine on the main person in charge or the person directly responsible of the unit that commits one of the acts specified in the preceding paragraph; if the unit still fails to perform the obligation of assistance, it may detain it; and may make a judicial proposal to the supervisory organ or the relevant organ for disciplinary action.
Article 115 The amount of a fine imposed on an individual shall be not more than 100,000 yuan. The amount of the fine imposed on the unit shall be between RMB 50,000 and RMB 1 million.
The term of detention shall be not more than fifteen days.
A detained person shall be handed over by a people's court to a public security organ for custody. During the period of detention, if the detainee admits and corrects his mistake, the people's court may decide to lift the detention ahead of time.
Article 116 Arrest by arrest, fine and detention must be approved by the president of the hospital.
A warrant for arrest shall be issued.
Fines and detentions shall be in writing. If they are not satisfied with the decision, they may apply to the people's court at the next higher level for reconsideration once. Execution shall not be suspended during the period of reconsideration.
Article 117 The adoption of compulsory measures against obstruction of a civil action must be decided by the people's court. Any unit or individual who illegally detains another person or illegally seizes another person's property to recover debts shall be investigated for criminal responsibility according to law, or be detained or fined.
 
Chapter XI Litigation Costs
Article 118
In civil proceedings, the parties shall pay the case acceptance fee in accordance with the provisions. In property cases, in addition to the case acceptance fee, other litigation fees shall be paid in accordance with the provisions.
If the parties have real difficulties in paying the litigation costs, they may apply to the people's court for a postponement, reduction or exemption in accordance with the regulations.
Measures for the collection of litigation fees shall be formulated separately.
 
Part II Trial Procedure
Chapter XII Ordinary Procedure of First Instance
Section 1 Prosecution and Admissibility
Article 119
The prosecution must meet the following conditions:
(I) the plaintiff is a citizen, legal person or other organization that has a direct interest in the case;
(II) there is a clear defendant;
(III) there are specific claims and facts, reasons;
(IV) shall fall within the scope of civil proceedings accepted by the people's courts and under the jurisdiction of the people's courts accepting complaints.
Article 120 In initiating a lawsuit, a bill of complaint shall be submitted to the people's court, with copies of the bill according to the number of defendants.
If it is really difficult to write a bill of complaint, the complaint may be filed orally, and the people's court shall record the record and inform the other party.
Article 121 A bill of complaint shall state the following:
(I) the name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, the name and domicile of the legal person or other organization, and the name, position and contact information of the legal representative or the main person in charge;
(II) the defendant's name, gender, work unit, residence and other information, legal person or other organization's name, residence and other information;
(III) the claim and the facts and reasons on which it is based;
(IV) evidence and sources of evidence, names and residences of witnesses.
Article 122 Where a civil dispute is brought before a people's court by a party, if mediation is appropriate, mediation shall be made first, unless the party refuses to do so.
Article 123 The people's courts shall guarantee the right of the parties to sue in accordance with the law. Prosecutions that comply with Article 119 of this Law must be accepted. If it meets the conditions for prosecution, it shall file a case within seven days and notify the parties; if it does not meet the conditions for prosecution, it shall make a ruling within seven days and shall not be accepted; if the plaintiff is not satisfied with the ruling, it may appeal.
Article 124 The people's court shall deal with the following prosecutions under different circumstances:
(I) in accordanceAdministrative Procedure LawThe provisions of the administrative litigation, within the scope of the case, inform the plaintiff to file administrative litigation;
(II) in accordance with the law, if both parties reach a written arbitration agreement to apply for arbitration and may not bring a suit in a people's court, the plaintiff shall be notified to apply to an arbitration institution for arbitration;
If the (III), in accordance with the law, should be handled by other organs, the plaintiff shall be notified to apply to the relevant organs for settlement;
The (IV) shall inform the plaintiff to bring a suit in a people's court with jurisdiction over a case that is not under the jurisdiction of the court;
If the parties (V) bring a lawsuit against a case in which the judgment, ruling or mediation statement has already taken legal effect, they shall inform the plaintiff to apply for a retrial, except for the ruling of the people's court allowing the withdrawal of the lawsuit;
A case in which the (VI), in accordance with the provisions of the law, may not be prosecuted within a certain period of time, shall not be accepted if the case is prosecuted within the period of time when no prosecution may be instituted;
Divorce cases in which the (VII) decision forbids divorce and mediation and reconciliation, cases in which the adoption relationship is maintained by judgment or mediation, where there are no new circumstances or new reasons, and the plaintiff files a lawsuit within six months, shall not be accepted.
 
Section 2 Preparation before Trial
Article 125
The people's court shall send a copy of the bill of complaint to the defendant within five days from the date of filing the case, and the defendant shall submit a defense within 15 days from the date of receipt. The defense shall record the name, sex, age, nationality, occupation, work unit, residence and contact information of the defendant; the name and residence of the legal person or other organization and the name, position and contact information of the legal representative or the main person in charge. The people's court shall send a copy of the defense to the plaintiff within five days from the date of receipt of the defense.
If the defendant fails to file a reply, it shall not affect the trial by the people's court.
Article 126 The people's court shall inform the parties of the relevant litigation rights and obligations in the notice of acceptance of the case and the notice of response, or orally.
Article 127 After the people's court has accepted a case, if the parties object to the jurisdiction, they shall raise their objections during the period of submission of the defense. The people's court shall examine the objections raised by the parties. If the objection is established, the case shall be transferred to the people's court with jurisdiction; if the objection is not established, the case shall be rejected.
If the parties do not raise an objection to jurisdiction and respond to the defense, the people's court shall be deemed to have jurisdiction, except for violations of the provisions on hierarchical jurisdiction and exclusive jurisdiction.
Article 128 After the composition of the collegial panel is determined, the parties shall be informed within three days.
Article 129 Judicial officers must carefully examine the litigation materials and investigate and collect the necessary evidence.
Article 130 When a people's court sends personnel to conduct an investigation, they shall produce their credentials to the person under investigation.
After the investigation record has been reviewed by the person under investigation, it shall be signed or sealed by the person under investigation and the investigator.
Article 131 A people's court may, when necessary, entrust an investigation to a people's court in a foreign place.
Commissioned investigation, must put forward clear items and requirements. The entrusted people's court may take the initiative to supplement the investigation.
The entrusted people's court shall complete the investigation within 30 days after receiving the power of attorney. If it cannot be completed for some reason, it shall notify the entrusting people's court by letter within the above-mentioned time limit.
Article 132 If a party who must jointly conduct a lawsuit fails to participate in the lawsuit, the people's court shall notify him to participate in the lawsuit.
Article 133 The people's court shall handle the cases it has accepted according to the circumstances:
If there is no dispute between the (I) parties and the conditions stipulated in the supervision procedure are met, they may be transferred to the supervision procedure;
If the (II) can mediate before the court session, mediation shall be adopted to resolve the dispute in a timely manner;
(III), depending on the circumstances of the case, determine whether to apply the summary procedure or the ordinary procedure;
If the (IV) needs to be heard, the focus of the dispute shall be clarified by requiring the parties to exchange evidence.
 
Section 3 Trial
Article 134
The trial of civil cases by the people's courts shall be conducted in public, except for those involving State secrets or personal privacy or as otherwise provided for by law.
Divorce cases, cases involving trade secrets, if the parties apply for not hearing in public, may not be heard in public.
Article 135 In trying civil cases, the people's courts shall, as necessary, conduct trials on circuit and handle the case on the spot.
Article 136 In handling civil cases, the people's court shall notify the parties and other participants in the proceedings three days before the opening of the court session. In the case of a public hearing, the names of the parties, the cause of action and the time and place of the hearing shall be announced.
Article 137 Before a court session, the court clerk shall ascertain whether the parties and other participants in the proceedings are present in court and declare court discipline.
When the trial is held, the presiding judge shall check the parties, announce the cause of the case, announce the list of judges and clerks, inform the parties of the relevant litigation rights and obligations, and ask the parties whether they have applied for withdrawal.
Article 138 A court investigation shall be conducted in the following order:
(I) the statements of the parties;
Inform the (II) of the rights and obligations of witnesses, witness testimony, read the testimony of witnesses who are not present in court;
(III) presentation of documentary evidence, physical evidence, audio-visual materials and electronic data;
(IV) read out the appraisal opinions;
(V) read out the record of the inquest.
Article 139 The parties may present new evidence in court.
With the permission of the court, the parties may ask questions of witnesses, expert witnesses or inspectors.
If the parties request a new investigation, appraisal or inquest, the people's court shall decide whether to grant permission.
Article 140 Additional claims by the plaintiff, counterclaims by the defendant, and claims relating to the case by a third party may be tried in combination.
Article 141 Court debates shall be conducted in the following order:
(I) the plaintiff and his agent ad litem to speak;
(II) the defense of the defendant and his agent ad litem;
(III) the third party and his agent ad litem to speak or defend;
(IV) debate each other.
At the end of the court debate, the presiding judge shall consult the parties in the order of the plaintiff, the defendant and the third party.
Article 142 At the end of court debate, a judgment shall be rendered in accordance with the law. If mediation is possible before the judgment is made, mediation may also be carried out, and if mediation fails, the judgment shall be made in a timely manner.
Article 143 If the plaintiff refuses to appear in court without justifiable reasons after being summoned by a summons, or if he withdraws from court midway without the permission of the court, the case may be treated as withdrawal; if the defendant makes a counterclaim, he may make a judgment by default.
Article 144 If the defendant refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court midway without the permission of the court, the judgment may be made by default.
Article 145 If, before the judgment is pronounced, the plaintiff applies for withdrawal of the case, the people's court shall decide whether or not to grant permission.
If the people's court decides not to permit the withdrawal of the lawsuit, the plaintiff may make a judgment by default if he refuses to appear in court without justifiable reasons after being summoned by a summons.
Article 146 The hearing may be postponed under any of the following circumstances:
(I) parties who must appear in court and other participants in the proceedings do not appear in court for justified reasons;
The (II) party makes a temporary application for withdrawal;
(III) it is necessary to notify new witnesses to appear in court, to obtain new evidence, to re-appraise and inquest, or to make supplementary investigations;
(IV) other circumstances that should be extended.
Article 147 The court clerk shall make a written record of all the court proceedings, which shall be signed by the judicial personnel and the court clerk.
The court record shall be read out in court, and the parties and other participants in the proceedings may also be informed to read it in court or within five days. If the parties and other participants in the proceedings believe that there are omissions or errors in the record of their statements, they shall have the right to apply for correction. If no correction is made, the application shall be recorded.
The court record shall be signed or sealed by the parties and other participants in the proceedings. If he refuses to sign and affix his seal, he shall record the situation and attach a file.
Article 148 The people's courts shall publicly pronounce their judgments in all cases that are tried in public or not.
If a judgment is pronounced in court, a written judgment shall be issued within ten days; if a judgment is pronounced regularly, a written judgment shall be issued immediately after the pronouncement is pronounced.
When the judgment is pronounced, the parties must be informed of their right to appeal, the time limit for appeal and the court of appeal.
When a divorce judgment is pronounced, the parties must be informed that they may not marry another marriage before the judgment becomes legally effective.
Article 149 Where a people's court tries a case by applying ordinary procedure, it shall conclude the case within six months from the date of filing the case. If an extension is necessary under special circumstances, it may be extended for six months with the approval of the president of the court; if an extension is necessary, it shall be reported to the people's court at a higher level for approval.
 
Section IV Suspension and Termination of Litigation
Article 150
The proceedings shall be suspended in any of the following circumstances:
(I) one of the parties dies, it is necessary to wait for the successor to indicate whether to participate in the proceedings;
(II) one of the parties has lost the capacity to litigate and has not yet determined a legal representative;
The legal person or other organization to which the (III) is a party terminates, and the person to whom the rights and obligations are vested has not been determined;
(IV) one of the parties is unable to participate in the proceedings for an irresistible reason;
The (V) of the present case must be based on the outcome of another case, which has not yet been concluded;
(VI) other circumstances under which the proceedings should be suspended.
The proceedings shall be resumed after the reasons for the suspension of proceedings have been eliminated.
Article 151 An action shall be terminated under any of the following circumstances:
(I) the plaintiff dies, there is no heir, or the heir waives the right to action;
(II) the defendant dies, there is no inheritance and no person who should bear the obligation;
(III) the death of one of the parties to the divorce case;
(IV) the death of one of the parties to the case of recovery of alimony, maintenance, upbringing and dissolution of the adoption relationship.
 
Section 5 Judgments and Rulings
Article 152
The written judgment shall clearly state the result of the judgment and the reasons for the judgment. The contents of the judgment include:
(I) the cause of action, claims, facts and reasons of the dispute;
The facts and reasons found in the (II) judgment, the applicable law and reasons;
(III) the outcome of the judgment and the burden of litigation costs;
The period of (IV) appeal and the court of appeal.
The written judgment shall be signed by the judicial personnel and the court clerk and affixed with the seal of the people's court.
Article 153 If a part of the facts in the trial of a case is already clear, the people's court may pass judgment on that part first.
Article 154 The ruling shall apply to the following scope:
(I) inadmissibility;
The (II) has objections to the jurisdiction;
The (III) dismisses the prosecution;
(IV) preservation and prior enforcement;
The (V) permits or does not permit the withdrawal of the lawsuit;
(VI) suspension or termination of proceedings;
(VII) correction of clerical errors in the judgment;
(VIII) suspension or termination of execution;
(IX) the annulment or non-enforcement of the arbitral award;
The (X) shall not execute the creditor's rights documents granted by the notary public with the effect of compulsory execution;
(11) Other matters that need to be resolved by adjudication.
The ruling on items 1 to 3 of the preceding paragraph may be appealed.
The decision shall state the outcome of the decision and the reasons for the decision. The ruling shall be signed by the judge and the court clerk and stamped with the seal of the people's court. If the ruling is made orally, it shall be entered in the transcript.
Article 155 Judgments and orders of the Supreme People's Court, as well as judgments and orders that are not allowed to be appealed according to law or have not been appealed after the appeal period, shall be legally effective judgments and orders.
Article 156 The public may consult legally effective judgments and rulings, except for the contents involving state secrets, commercial secrets and personal privacy.
 
Chapter XIII Summary Procedure
Article 157
The provisions of this chapter shall apply to the trial of simple civil cases in which the facts are clear, the relationship between rights and obligations is clear and the disputes are not serious.
In trying civil cases other than those specified in the preceding paragraph, the basic people's courts and the courts dispatched by them may also agree on the application of summary procedure.
Article 158 In a simple civil case, the plaintiff may file a complaint orally.
Both parties may, at the same time, go to the basic people's court or the tribunal dispatched by it to request a settlement of the dispute. The basic people's court or the tribunal dispatched by it may hear the case immediately or at a different date.
Article 159 When trying simple civil cases, the basic people's courts and the tribunals dispatched by them may, in a simple and convenient manner, summon the parties and witnesses, serve litigation documents and try the case, provided that the right of the parties to state their opinions is guaranteed.
Article 160 Simple civil cases shall be tried by a single judge alone, and shall not be subject to the restrictions provided in Articles 136, 138 and 141 of this Law.
Article 161 If a people's court tries a case by applying summary procedure, it shall conclude the case within three months from the date of filing the case.
Article 162 The basic people's courts and the courts dispatched by them try simple civil cases that comply with the provisions of the first paragraph of Article 157 of this Law, and the subject matter is the average annual salary of employees in each province, autonomous region, or municipality directly under the Central Government in the previous year If the salary is less than 30%, the first instance shall be final.
Article 163 If, in the course of trial, a people's court finds that it is inappropriate to apply summary procedure, it shall make an order to convert the case to ordinary procedure.
 
Chapter XIV Procedure of Second Instance
Article 164
If a party refuses to accept the judgment of first instance of a local people's court, he shall have the right to appeal to the people's court at the next higher level within 15 days from the date of service of the written judgment.
If a party refuses to accept the ruling of first instance of the local people's court, he shall have the right to appeal to the people's court at the next higher level within 10 days from the date of service of the ruling.
Article 165 A petition for appeal shall be filed. The contents of the appeal petition shall include the names of the parties, the names of the legal persons and their legal representatives or the names of other organizations and the names of their principal persons in charge; the name of the people's court that originally tried the case, the number of the case and the cause of action; and the claims and reasons for the appeal.
Article 166 An appeal petition shall be filed through the people's court that originally tried the case, and copies thereof shall be submitted according to the number of the opposing parties or representatives.
If a party appeals directly to a people's court of second instance, the people's court of second instance shall, within five days, transfer the appeal petition to the people's court that originally tried the case.
Article 167 Upon receipt of the appeal petition, the people's court of first instance shall, within five days, serve a copy of the appeal petition on the opposing party, who shall, within 15 days from the date of receipt, file a defense. The people's court shall, within five days from the date of receipt of the reply, serve a copy on the appellant. If the other party fails to file a reply, it shall not affect the trial by the people's court.
The people's court of first instance shall, within five days after receiving the appeal petition and the defense, submit them together with all the case files and evidence to the people's court of second instance.
Article 168 The people's court of second instance shall review the relevant facts and the application of law in the appeal.
Article 169 The People's Court of second instance shall form a collegial panel to hear a case on appeal. After reviewing the papers, investigating and questioning the parties, if no new facts, evidence or reasons are presented, the collegial panel considers that there is no need to hold a trial, it may not hold a trial.
The people's court of second instance may hear a case on appeal either in that court or in the place where the case occurred or where the people's court that originally tried the case is located.
Article 170 A people's court of second instance shall, after hearing a case on appeal, deal with it in accordance with the following circumstances:
If the facts found in the original judgment or order of the (I) are clear and the law is correctly applied, the appeal shall be rejected by way of judgment or order and the original judgment or order shall be upheld;
If the original judgment or ruling of the (II) is wrong in determining the facts or in applying the law, the judgment or ruling shall be revised, revoked or modified in accordance with the law;
If the basic facts found in the original (III) judgment are not clear, the original judgment shall be rescinded and remanded to the people's court of origin for retrial, or the judgment shall be revised after the facts have been ascertained;
(IV) the omission of the party in the original judgment or the illegal default judgment is seriously in violation of legal procedures, the original judgment shall be revoked and returned to the original people's court for retrial.
If, after the people's court of first instance has made a judgment on a case remanted for retrial, the party concerned files an appeal, the people's court of second instance shall not remanence the case for retrial.
Article 171 A people's court of second instance shall use the ruling in all cases appealed against the ruling of a people's court of first instance.
Article 172 In the trial of an appealed case, the People's Court of second instance may conduct conciliation. When an agreement is reached through mediation, a mediation letter shall be made, signed by the judge and the clerk, and stamped with the seal of the people's court. After the conciliation letter is served, the judgment of the people's court of the original trial shall be deemed to be revoked.
Article 173 Where an appellant applies to withdraw his appeal before the people's court of second instance pronounces its judgment, the people's court of second instance shall decide whether to grant the application or not.
Article 174 In handling an appealed case, the People's Court of second instance shall, in addition to following the provisions of this Chapter, apply the ordinary procedure of first instance.
Article 175 A judgment or order of a people's court of second instance shall be final.
Article 176 When a people's court hears a case on appeal against a judgment, it shall conclude the case within three months from the date of filing the case in the second instance. If there are special circumstances that require an extension, the president of the court shall approve it.
When the people's court hears a case on appeal against a ruling, it shall make a final ruling within 30 days from the date of filing the case in the second instance.
 
Chapter XV Special Procedures
Section 1 General Provisions
Article 177
The People's Courts shall apply the provisions of this Chapter in handling cases of voter qualification, cases of declaration of disappearance or declaration of death, cases of determination of a citizen's incapacity or limited capacity for civil conduct, cases of determination of property ownership, cases of confirmation of mediation agreements and cases of realization of real rights for security. Where there are no provisions in this Chapter, the relevant provisions of this Law and other laws shall apply.
Article 178 The trial of a case in accordance with the procedures of this Chapter shall be final in the first instance. A collegial panel of judges shall be formed to hear cases involving the qualifications of voters or major and difficult cases; other cases shall be heard by a single judge alone.
Article 179 If, in the course of trying a case in accordance with the procedures of this Chapter, the people's court finds that the case is a dispute over civil rights and interests, it shall rule to terminate the special procedures and inform the interested parties that they may sue separately.
Article 180 A case tried by a people's court applying special procedures shall be concluded within 30 days after the filing of the case or within 30 days after the expiration of the public announcement. If there are special circumstances that require an extension, the president of the court shall approve it. Except in cases concerning the eligibility of voters.
 
Section 2 Voter Qualification Cases
Article 181
If a citizen refuses to accept the decision made by the election committee on the handling of the appeal of voter qualification, he may, five days before the election day, bring a suit in the basic people's court of the place where the electoral district is located.
Article 182 After accepting a case concerning the qualification of voters, the people's court must conclude the case before the election day.
At the hearing, the prosecutor, the representative of the election committee and the citizens concerned must participate.
The written judgment of the people's court shall be served on the election committee and the prosecutor before the election day, and the citizens concerned shall be notified.
 
Section 3 Cases of Declaration of Disappearance and Death
Article 183
If a citizen's whereabouts have been unknown for two years and an interested party applies for a declaration of his disappearance, the application shall be filed with the basic people's court in the place where the missing person has his domicile.
The application shall clearly state the facts, time and request of the disappearance, and shall be accompanied by a written certificate from the public security organ or other relevant organs that the whereabouts of the citizen are unknown.
Article 184 Where a citizen's whereabouts are unknown for four years or two years due to an accident, or his whereabouts are unknown due to an accident, and the relevant authorities have proved that it is impossible for the citizen to survive, and the interested party applies for a declaration of his death, the application shall be filed with the basic people's court in the place where the person's whereabouts are unknown.
The application shall state the facts, time and request of the citizen's whereabouts, and shall be accompanied by a written certificate from the public security organ or other relevant organ that the citizen's whereabouts are unknown.
Article 185 After accepting a case of declaration of missing person or declaration of death, the people's court shall issue a public notice to search for the person whose whereabouts are unknown. The period of the announcement of disappearance is three months, and the period of the announcement of death is one year. If the whereabouts of a citizen are unknown due to an accident and the relevant authorities have proved that it is impossible for the citizen to survive, the period of the public announcement declaring his death shall be three months.
At the expiration of the period of the public announcement, the people's court shall, depending on whether the facts of the declaration of disappearance or death have been confirmed, make a judgment declaring the disappearance or death or a judgment rejecting the application.
Article 186 If a citizen who has been declared missing or dead reappears, the people's court shall, upon the application of the citizen himself or an interested party, make a new judgment and annul the original judgment.
 
Section 4 Cases of Determining a Citizen's Incapacity or Limited Capacity for Civil Conduct
Article 187
An application for determining that a citizen has no capacity for civil conduct or has limited capacity for civil conduct shall be submitted by his close relatives or other interested parties to the basic people's court in the place where the citizen has his domicile.
The application shall state the facts and basis of the citizen's incapacity or limited capacity for civil conduct.
Article 188 After accepting the application, the people's court shall, when necessary, make an appraisal of the citizen who is requested to be determined as having no or limited capacity for civil conduct. Where the applicant has provided appraisal opinions, the appraisal opinions shall be examined.
Article 189 When a people's court hears a case in which a citizen is found to be incapacitated or to have limited capacity for civil conduct, a near relative of the citizen shall be the agent, with the exception of the applicant. If the near relatives pass the buck to each other, the people's court shall appoint one of them as the agent. If the citizen's health permits, he shall also be asked for his opinion.
If the people's court finds that the application is based on facts, it shall judge the citizen as a person with no or limited capacity for civil conduct; if it finds that the application is not based on facts, it shall make a judgment to reject it.
Article 190 If the people's court, on the basis of an application filed by a person who has been determined to be incapacitated for civil conduct or a person with limited capacity for civil conduct or his guardian, confirms that the cause of the citizen's incapacity or limited capacity for civil conduct has been eliminated, it shall make a new judgment and cancel the original judgment.
 
Section 5 Cases of Determining Property as Unowned
Article 191
An application for determining that property has no owner shall be submitted by a citizen, legal person or other organization to the basic people's court in the place where the property is located.
The application shall state the type and quantity of the property and the basis for claiming that the property is unowned.
Article 192 After accepting an application, the people's court shall, after examination and verification, issue a public notice to claim the property. If the public announcement has been made for one year and no one claims it, the judgment determines that the property is ownerless and belongs to the state or collective.
Article 193 After the judgment finds that the property is ownerless, the original owner or heir of the property appears.general principles of civil lawWithin the prescribed period of limitation of action, a claim may be made against the property, and the people's court shall, after examining the fact, make a new judgment and annul the original judgment.
 
Section 6 Cases of Confirmation of Mediation Agreement
Article 194
An application for judicial confirmation of a mediation agreement shall be made by the parties in accordance withPeople's Mediation LawSuch laws, within 30 days from the effective date of the mediation agreement, shall be jointly submitted to the basic people's court where the mediation organization is located.
Article 195 after accepting the application, the people's court shall, after examination, rule that the mediation agreement is valid if it conforms to the provisions of the law. If one party refuses to perform or fails to perform in full, the other party may apply to the people's court for enforcement; if it does not conform to the provisions of the law, the other party may rule to reject the application, and the parties may change the original mediation agreement or reach a new mediation agreement through mediation, You can also bring a lawsuit to the people's court.
 
Section VII. Cases in which security interests are realized
Article 196
An application for the realization of a security interest is made by the security interest holder and other persons entitled to request the realization of the security interest in accordance with the law.property lawand other laws, to the basic people's court where the secured property is located or where the security right is registered.
Article 197 After the people's court accepts the application, after examination, if it complies with the provisions of the law, it shall order the auction or sale of the secured property, and the parties may apply to the people's court for enforcement in accordance with the ruling; if it does not comply with the provisions of the law, it shall order the rejection of the application and the parties may file a lawsuit in the people's court.
 
Chapter XVI Procedures for Trial Supervision
Article 198
If the president of a people's court at any level finds that there is a definite error in a legally effective judgment, ruling or mediation statement of his or her court and considers that a retrial is necessary, he or she shall submit it to the adjudication committee for discussion and decision.
If the Supreme People's Court finds that there is a definite error in a legally effective judgment, ruling or mediation statement of a local people's court at any level, or if a people's court at a higher level finds that there is a definite error in a legally effective judgment, ruling or mediation statement of a people's court at a lower level, it shall have the power to bring it up for trial or order a people's court at a lower level to retrial.
Article 199 If the parties believe that there is an error in a legally effective judgment or order, they may apply to the people's court at the next higher level for retrial; in a case involving a large number of parties or where both parties are citizens, they may also apply to the people's court that originally tried the case for retrial. If a party applies for a retrial, the execution of the judgment or order shall not be suspended.
Article 200 If the application of a party meets any of the following conditions, the people's court shall retry it:
(I) there is new evidence sufficient to overturn the original judgment or order;
(II) the basic facts confirmed in the original judgment or ruling are not proved by evidence;
(III) the main evidence used in the original judgment or order to determine the facts is forged;
(IV) the main evidence used in the original judgment or ruling to determine the facts has not been cross-examined;
(V) the parties are unable to collect the main evidence required for the trial of the case due to objective reasons, and the people's court has applied in writing to the people's court for investigation and collection, but the people's court has not investigated and collected it;
The application of the law to the original judgment or order of the (VI) is definitely wrong;
The composition of the (VII) trial organization is illegal or the judicial personnel who should be evaded according to law have not evaded;
(VIII) a party who has no legal representative to act for him or her, or who should have participated in the proceedings, fails to participate in the proceedings for reasons that cannot be attributed to him or his agent ad litem;
(IX) depriving the parties of their right to debate in violation of the law;
(X) judgment by default without summons;
(11) The original judgment or ruling omits or exceeds the requirements of the lawsuit;
(12) The legal document on which the original judgment or ruling was made has been revoked or changed;
(13) The judicial officers have committed embezzlement, bribery, malpractice for personal gain, or perverted the law in adjudicating the case.
Article 201 If a party submits evidence to prove that the mediation violates the principle of voluntariness or the content of the mediation agreement violates the law, he may apply for a retrial. If it is found to be true after examination by the people's court, it shall be retried.
Article 202 The parties may not apply for a retrial of a legally effective judgment on the dissolution of marriage or a mediation document.
Article 203 Where a party applies for retrial, it shall submit an application for retrial and other materials. The people's court shall, within five days from the date of receipt of the application for retrial, send a copy of the application for retrial to the other party. The other party shall submit a written opinion within 15 days from the date of receiving a copy of the application for retrial; failure to submit a written opinion shall not affect the review by the people's court. The people's court may require the applicant and the other party to supplement relevant materials and inquire about relevant matters.
Article 204 The people's court shall review the application for retrial within three months from the date of receipt of the application for retrial. If it complies with the provisions of this Law, it shall order the retrial; if it does not comply with the provisions of this Law, it shall order the rejection of the application. If there are special circumstances that require an extension, the president of the court shall approve it.
Cases in which a party applies for a retrial shall be tried by a people's court at or above the intermediate people's court, except where the party chooses to apply to a basic people's court for a retrial in accordance with the provisions of Article 199 of this Law. A case for which the Supreme People's Court or the Higher People's Court has decided to be retried shall be retried by that court or by another people's court, or may be retried by the people's court that originally tried the case.
Article 205 An application for retrial by a party shall be filed within six months after the judgment or ruling takes legal effect; there are circumstances specified in Items 1, 3, 12, and 13 of Article 200 of this Law, It shall be filed within six months from the date when it knows or should have known.
Article 206 Where a case is decided to be retried in accordance with the procedure for trial supervision, the execution of the original judgment, order or mediation statement shall be suspended, but the execution of the case may not be suspended in the case of recourse for alimony, maintenance, upbringing, pension, medical expenses, labor remuneration, etc.
Article 207 Where a case is retried by a people's court in accordance with the procedure of trial supervision, the legally effective judgment or order is made by a court of first instance, and the parties may appeal against the judgment or order rendered in accordance with the procedure of first instance; where a legally effective judgment or order is made by a court of second instance, the judgment or order rendered is a legally effective judgment or order in accordance with the procedure of second instance; if the trial is brought up by a people's court at a higher level in accordance with the procedure for trial supervision, the trial shall be conducted in accordance with the procedure of second instance, and the judgment or order rendered shall be legally effective.
In trying a retrial case, the people's court shall form a separate collegial panel.
Article 208: The Supreme People's Procuratorate finds that there is one of the circumstances specified in Article 200 of this Law in the judgments and rulings of the people's courts at all levels that have become legally effective, and the people's procuratorates at higher levels have become legally effective in the judgments and rulings of the people's courts at lower levels. If it is found that the mediation agreement harms the national interest or the public interest, a protest shall be filed.
If a local people's procuratorate at all levels finds one of the circumstances specified in Article 200 of this law against a legally effective judgment or ruling of the people's court at the same level, or finds that the mediation agreement harms the national interest or the public interest, it may report to the people's court at the same level The court made a procuratorial recommendation and reported it to the people's procuratorate at a higher level for the record; it may also request the people's procuratorate at a higher level to file a protest to the people's court at the people's court at the same level.
The people's procuratorates at all levels have the right to make procuratorial suggestions to the people's court at the same level with respect to the illegal acts of judicial personnel in judicial procedures other than judicial supervision procedures.
Article 209 Under any of the following circumstances, the party concerned may apply to the People's Procuratorate for procuratorial advice or protest:
The (I) people's court rejects the application for retrial;
The (II) people's court fails to make a ruling on the application for retrial within the time limit;
(III) there are obvious errors in the retrial judgment or ruling.
The people's procuratorate shall examine the party's application within three months and make a decision to make or not to make a procuratorial recommendation or protest. The party concerned shall not apply again to the people's procuratorate for procuratorial advice or protest.
Article 210 Where a people's procuratorate needs to make procuratorial suggestions or protest in performing its legal supervision duties, it may investigate and verify the relevant situation with the parties or outsiders.
Article 211 For a case protesting by a people's procuratorate, the people's court that accepts the protest shall make a retrial ruling within 30 days from the date of receiving the protest; there are items 1 to 5 of Article 200 of this law In one of the circumstances specified in the above, it may be submitted to the people's court at the next lower level for retrial, except that it has been retried by the people's court at the next lower level.
Article 212 Where a people's procuratorate decides to lodge a protest against a judgment, ruling or conciliation statement of a people's court, it shall make a protest.
Article 213 When the people's court retried a case protestor filed by the people's procuratorate, it shall notify the people's procuratorate to send its personnel to attend the court session.
 
Chapter XVII Supervision Procedures
Article 214
If a creditor requests the debtor to pay money or securities, if the following conditions are met, it may apply to the basic people's court with jurisdiction for a payment order:
The (I) creditor and the debtor have no other debt disputes;
(II) the payment order can be served on the debtor.
The application shall state the amount of money or securities requested and the facts and evidence on which it is based.
Article 215 After the creditor has filed the application, the people's court shall notify the creditor whether or not to accept the application within five days.
Article 216 After accepting the application, the people's court shall, after examining the facts and evidence provided by the creditors, issue a payment order to the debtor within 15 days from the date of acceptance if the relationship between the creditor's rights and debts is clear and legal; if the application is not tenable, the order shall be rejected.
The debtor shall pay off the debt within 15 days from the date of receipt of the payment order, or submit a written objection to the people's court.
If the debtor does not raise an objection or comply with the payment order within the period specified in the preceding paragraph, the creditor may apply to the people's court for enforcement.
Article 217 After the people's court receives the written objection raised by the debtor, if the objection is established after examination, it shall rule to terminate the supervision procedure and the payment order shall be invalidated by itself.
If the payment order fails, it shall be transferred to the proceedings, unless the party applying for the payment order does not agree to bring the action.
 
Chapter XVIII Procedures for Public Notice
Article 218
The holder of a bill that may be transferred by endorsement in accordance with the provisions may apply to the basic people's court at the place where the bill is paid for the theft, loss or loss of the bill. The provisions of this Chapter shall apply to other matters for which public notice may be applied in accordance with the provisions of the law.
The applicant shall submit an application to the people's court, stating the main contents of the bill, such as the face amount, the issuer, the holder and the endorser, as well as the reasons and facts of the application.
Article 219 When the people's court decides to accept the application, it shall at the same time notify the payer to stop the payment and issue a public announcement within three days to urge the interested parties to declare their rights. The period of public notice shall be decided by the people's court according to the circumstances, but shall not be less than 60 days.
Article 220 The payer shall, upon receipt of the notice of the people's court to stop payment, stop payment until the conclusion of the public notice procedure.
During the period of public notice, the act of transferring the rights of the instrument shall be null and void.
Article 221 Interested parties shall report to the people's court during the period of publicizing the notice.
After receiving the declaration from the interested party, the people's court shall decide to terminate the procedure of public notice and notify the applicant and the payer.
The applicant or the declarant may bring a suit in a people's court.
Article 222 If no declaration is made, the people's court shall, on the application of the applicant, make a judgment declaring the instrument invalid. The judgment shall be announced and the payer shall be notified. From the date of the announcement of the judgment, the applicant has the right to request payment from the payer.
Article 223 If, for justifiable reasons, an interested party is unable to make a declaration to the people's court before the judgment is made, he may, within one year from the date on which he knows or should have known the announcement of the judgment, bring a suit in the people's court that made the judgment.
 
Part III Execution Procedure
Chapter XIX General Provisions
Article 224
Legally effective civil judgments and rulings, as well as the property part of criminal judgments and rulings, shall be executed by the people's court of first instance or the people's court of the place where the property to be executed is located at the same level as the people's court of first instance.
Other legal documents that are to be executed by a people's court as provided by law shall be executed by the people's court in the place where the person subjected to execution has his domicile or where the property to be executed is located.
Article 225 If the parties or interested parties believe that the execution violates the provisions of the law, they may file a written objection to the people's court responsible for the execution. If the parties or interested parties raise a written objection, the people's court shall review it within 15 days from the date of receipt of the written objection. If the reason is established, it shall rule to cancel or correct it; if the reason is not established, it shall rule to reject it. If the parties or interested parties are not satisfied with the ruling, they may apply to the people's court at the next higher level for reconsideration within 10 days from the date of service of the ruling.
Article 246 If the people's court fails to execute the application for execution within six months from the date of receipt of the application for execution, the person applying for execution may apply to the people's court at the next higher level for execution. The people's court at the next higher level may, after examination, order the original people's court to enforce the law within a certain period of time, or may decide that it should enforce the law or order another people's court to enforce the law.
Article 227 in the course of execution, if an outsider raises a written objection to the subject matter of execution, the people's court shall examine it within 15 days from the date of receipt of the written objection, and if the reason is established, it shall rule to suspend the execution of the subject matter; if the reason is not established, it shall rule to reject it. If an outsider or party to the case is not satisfied with the ruling and believes that the original judgment or ruling is wrong, it shall be handled in accordance with the trial supervision procedure; if it has nothing to do with the original judgment or ruling, it may bring a lawsuit in a people's court within 15 days from the date of service of the ruling.
Article 228 Execution shall be carried out by the executive officer.
When compulsory enforcement measures are taken, the executor shall produce his credentials. After the execution is completed, a record of the execution shall be made and signed or sealed by the relevant personnel present.
The people's courts may, when necessary, set up executive bodies.
Article 229 Where the person subjected to execution or the property subject to execution is outside the country, the execution may be entrusted to a local people's court. After receiving the letter of entrustment, the entrusted people's court must start execution within 15 days and may not refuse. After the execution is completed, the entrusting people's court shall promptly reply to the result of the execution; if the execution has not been completed within 30 days, the entrusting people's court shall also notify the entrusting people's court of the execution.
If the entrusted people's court fails to enforce the law within 15 days from the date of receipt of the letter of entrustment, the entrusting people's court may request the people's court at a higher level of the entrusted people's court to order the entrusted people's court to enforce the law.
Article 230 In the course of execution, if the parties reach an agreement on reconciliation on their own, the executor shall enter the contents of the agreement in the record, which shall be signed or sealed by the parties.
If the person applying for execution reaches a settlement agreement with the person subject to execution due to fraud or coercion, or if the parties fail to perform the settlement agreement, the people's court may, on the application of the parties, resume the execution of the legal documents originally in force.
Article 231 In the course of execution, if the person subjected to execution provides a guarantee to the people's court and, with the consent of the person applying for execution, the people's court may decide to suspend execution and the period of suspension. If the person subjected to execution still fails to perform within the time limit, the people's court shall have the power to execute the property secured by the person subjected to execution or the property of the guarantor.
Article 232 If a citizen who is the person subject to execution dies, the debt shall be repaid with his estate. If the legal person or other organization that is the person subject to execution terminates, the person who receives its rights and obligations shall perform its obligations.
Article 233 After the completion of execution, if the judgment, ruling or other legal document on which the execution is based is indeed wrong and is revoked by the people's court, the people's court shall make a ruling on the property that has been executed and order the person who obtained the property to return it; if it refuses to return it, it shall be enforced.
Article 234 The provisions of this Part shall apply to the execution of the conciliation statement made by the people's court.
Article 235 The people's procuratorates shall have the right to exercise legal supervision over civil enforcement activities.
 
Chapter 20 Application and Transfer for Execution
Article 236
The parties to a legally effective civil judgment or ruling must perform it. If a party refuses to perform, the other party may apply to the people's court for enforcement, or the judge may transfer the case to the executor for enforcement.
The parties must perform the mediation statement and other legal documents that should be executed by the people's court. If one party refuses to perform, the other party may apply to the people's court for enforcement.
Article 237 If a party fails to comply with the award of an arbitration institution established in accordance with the law, the other party may apply to the people's court that has jurisdiction for enforcement. The people's court to which the application is filed shall execute it.
If the respondent provides evidence to prove that the arbitration award has one of the following circumstances, the people's court shall, after examination and verification by a collegial panel, rule that the arbitration award shall not be enforced:
(I) the parties do not have an arbitration clause in the contract or have not subsequently reached a written arbitration agreement;
The matters awarded by the (II) do not fall within the scope of the arbitration agreement or the arbitration institution does not have the power to arbitrate;
(III) the composition of the arbitration tribunal or the arbitration procedure violates the legal procedure;
(IV) the evidence on which the award is based is falsified;
(V) the other party has concealed from the arbitral body evidence sufficient to affect the impartiality of the award;
The (VI) arbitrator has committed embezzlement, accepted bribes, practiced favoritism, or perverted the law in the arbitration of the case.
If the people's court determines that the enforcement of the award is contrary to the public interest, it shall rule not to enforce it.
The award shall be served on the parties and the arbitration institution.
If the execution of an arbitral award is disallowed by a ruling of a people's court, the parties may, in accordance with the written arbitration agreement reached by both parties, apply for arbitration again, or bring a suit in a people's court.
Article 238 If a party fails to perform a creditor's rights document that has been given compulsory execution by a notary office according to law, the other party may apply to the people's court with jurisdiction for execution, and the people's court to which the application is made shall execute it.
If there is an error in the notarized creditor's rights document, the people's court shall rule not to execute it and serve the ruling on both parties and the notary office.
Article 239 The period for applying for enforcement shall be two years. The provisions of the law on the suspension and interruption of the limitation of action shall apply to the suspension and interruption of the limitation of action.
The period specified in the preceding paragraph shall be calculated from the last day of the period of performance specified in the legal instrument; if the legal instrument provides for performance by stages, it shall be calculated from the last day of each period of performance specified; if the legal instrument does not provide for a period of performance, it shall be calculated from the date of entry into force of the legal instrument.
Article 240 Upon receiving the application for execution or the transfer of the execution letter, the execution officer shall issue an execution notice to the person subject to execution and may immediately take enforcement measures.
 
Chapter XXI Implementation Measures
Article 341
If the person subject to execution fails to perform the obligations specified in the legal instrument in accordance with the notice of execution, he shall report the current situation of the property and the one year prior to the date of receipt of the notice of execution. If the person subjected to execution refuses to report or makes a false report, the people's court may, according to the seriousness of the circumstances, impose a fine on the person subjected to execution or his legal representative, the main person in charge of the relevant unit or the person directly responsible.
Article 242 If the person subjected to execution fails to perform the obligations specified in the legal document in accordance with the execution notice, the people's court shall have the right to inquire with the relevant units about the deposits, bonds, stocks, fund shares and other property of the person subjected to execution. The people's court shall have the power to seize, freeze, allocate or change the property of the person subject to execution in accordance with different circumstances. The property inquired, seized, frozen, allocated or changed by the people's court shall not exceed the scope of the obligations that the person subjected to execution shall perform.
When the people's court decides to seize, freeze, allocate or change the value of property, it shall make a ruling and issue a notice of assistance in execution, which the relevant unit must handle.
Article 243 If the person subjected to execution fails to perform the obligations specified in the legal document in accordance with the execution notice, the people's court shall have the right to withhold and withdraw the income of the part of the person subjected to execution that should be performed. However, the necessary living expenses of the person subject to execution and his dependent family members shall be retained.
When the people's court withholds or withdraws income, it shall make a ruling and issue a notice of assistance in execution, which must be handled by the unit, bank, credit cooperative and other units with savings business.
Article 244 If the person subjected to execution fails to perform the obligations specified in the legal document in accordance with the notice of execution, the people's court shall have the power to seal up, seize, freeze, auction or sell off the part of the property of the person subjected to execution that is required to perform the obligations. However, the necessities of life of the person subject to execution and his dependent family members shall be retained.
The people's court shall make a ruling on the adoption of the measures mentioned in the preceding paragraph.
Article 245 When the people's court seals up or distrains property, if the person subject to execution is a citizen, it shall notify the person subject to execution or his adult family to be present; if the person subject to execution is a legal person or other organization, it shall notify its legal representative or The main person in charge shall be present. Refusal to be present shall not affect the execution. If the person subjected to execution is a citizen, his work unit or the grass-roots organization in the place where his property is located shall send persons to participate.
The execution officer must make a list of the seized or distrained property, which shall be signed or sealed by the person present and handed over to the person subject to execution. If the person subjected to execution is a citizen, he may also hand over a copy to his adult family member.
Article 246 The execution officer may designate the person subject to execution to take charge of the custody of the property that has been sealed up. Losses caused by the fault of the person subjected to execution shall be borne by the person subjected to execution.
Article 247 After the property is sealed up or distrained, the execution officer shall order the person subject to execution to perform the obligations specified in the legal document within the specified period. If the person subjected to execution fails to perform within the time limit, the people's court shall auction the sealed-up or distrained property; if it is not suitable for auction or if the parties agree not to auction, the people's court may entrust the relevant unit to sell it or sell it on its own. Articles prohibited by the State from being freely traded shall be handed over to the relevant units for purchase at the prices set by the State.
Article 248 If the person subjected to execution fails to perform the obligations specified in the legal documents and conceals his property, the people's court shall have the power to issue a search warrant to search the person subjected to execution and his residence or the place where his property is concealed.
To take the measures in the preceding paragraph, the president of the hospital shall issue a search warrant.
Article 249 Property or Tickets Designated for Delivery in a Legal Document shall be delivered in person by the executor summoned to both parties, or handed over by the executor and signed for by the person to be delivered.
If the relevant unit holds the property or ticket, it shall transmit it in accordance with the notice of the people's court for assistance in execution, and the delivered person shall sign for it.
If the citizen concerned is in possession of the property or ticket, the people's court shall notify him or her to hand it over. If it refuses to surrender, it shall be enforced.
Article 250 Where a person is forced to move out of a house or land, the president shall issue a public notice ordering the person subject to execution to perform within a specified period of time. If the person subject to execution fails to perform within the time limit, the execution shall be enforced by the executor.
At the time of compulsory execution, if the person subjected to execution is a citizen, the person subjected to execution or his adult family members shall be notified to be present; if the person subjected to execution is a legal person or other organization, its legal representative or main person in charge shall be notified to be present. Refusal to be present shall not affect the execution. If the person subjected to execution is a citizen, his work unit or the grass-roots organization where the house or land is located shall send people to participate. The execution officer shall record the compulsory execution in the record, which shall be signed or sealed by the person present.
The people's court shall send someone to transport the property removed from the house to the designated place and hand it over to the person subject to execution. If the person subjected to execution is a citizen, it may also be handed over to his adult family members. Losses caused by the refusal to accept shall be borne by the executed person.
Article 251 In the course of execution, if it is necessary to go through the formalities for the transfer of certificates of property rights, the people's court may issue a notice of assistance in execution to the relevant units, and the relevant units must do so.
Article 252 If the person subjected to execution fails to perform the acts specified in the judgment, ruling or other legal documents in accordance with the enforcement notice, the people's court may enforce the execution or entrust the relevant unit or other person to complete the execution, and the expenses shall be borne by the person subjected to execution.
Article 253 If the person subjected to execution fails to perform the obligation to pay money within the period specified in the judgment, ruling or other legal documents, he shall double the interest on the debt for the period of delayed performance. If the person subjected to execution fails to perform other obligations within the period specified in the judgment, ruling or other legal documents, a delay payment shall be paid.
Article 254 After the people's court adopts the enforcement measures provided for in Articles 242, 243 and 244 of this Law, if the person subject to enforcement is still unable to repay the debt, it shall continue to perform its obligations. If the creditor discovers that the person subjected to execution has other property, he may at any time request the people's court for execution.
Article 255 If the person subject to execution fails to perform the obligations specified in the legal document, the people's court may take or notify the relevant unit to assist in the adoption of restrictions on exit, record in the credit information system, publish information on non-performance of obligations through the media, and other measures prescribed by law.
 
Chapter 22 Suspension and Termination of Execution
Article 256
Under any of the following circumstances, the people's court shall order the suspension of execution:
(I) the applicant indicates that the execution can be postponed;
(II) an outsider raises a well-founded objection to the subject matter of enforcement;
(III) the death of a citizen as one of the parties, it is necessary to wait for the heirs to inherit the rights or assume the obligations;
The legal person or other organization to which the (IV) is a party terminates, and the person to whom the rights and obligations are vested has not been determined;
(V) other circumstances under which the people's court considers that execution should be suspended.
After the suspension disappears, the execution is resumed.
Article 257 Under any of the following circumstances, the people's court shall rule to terminate the execution:
(I) the applicant to withdraw the application;
The legal instrument on which the (II) is executed is revoked;
(III) the death of a citizen who is the person subject to execution, there is no estate to be executed and no obligation to bear;
(IV) the death of the right holder in a case of recourse for alimony, maintenance or upbringing;
(V) a citizen who is the person subject to execution is unable to repay the loan due to living difficulties, has no source of income, and has lost the ability to work;
(VI) other circumstances under which the people's court considers that execution should be terminated.
Article 258 A decision on the suspension and termination of execution shall take effect immediately after it is served on the parties.
 
Part IV Special Provisions on Foreign-related Civil Procedure
Chapter 23 General principles
Article 255
The provisions of this Part shall apply to foreign-related civil litigation in the field of the People's Republic of China. Where there are no provisions in this Part, other relevant provisions of this Law shall apply.
Article 260 If an international treaty concluded or acceded to by a People's Republic of China contains provisions differing from those of this Law, the provisions of the international treaty shall apply, except those to which the the People's Republic of China has made reservations.
Article 261 A civil action against a foreigner, a foreign organization or an international organization that enjoys diplomatic privileges and immunities shall be handled in accordance with the provisions of the People's Republic of China relevant laws and international treaties concluded or acceded to by the the People's Republic of China.
Article 262 In trying civil cases involving foreign elements, the people's courts shall use the spoken and written language commonly used in the the People's Republic of China. If the parties request to provide translation, they can provide it, and the expenses shall be borne by the parties.
Article 163 Where a foreigner, stateless person, foreign enterprise or organization, while suing or responding to a suit in a people's court, needs to entrust a lawyer to represent the suit, it must entrust a People's Republic of China lawyer.
Article 264 The power of attorney sent or entrusted by foreigners, stateless persons, foreign enterprises and organizations who have no domicile in the the People's Republic of China field to represent the People's Republic of China lawyers or other persons shall be certified by the notary public of the country where they are located, and shall be certified by the the People's Republic of China embassy or consulate in that country, or shall be effective only after fulfilling the certification procedures stipulated in the relevant treaties concluded between the the People's Republic of China and the country where they are located.
 
Chapter XXIV Jurisdiction
Article 265
In a lawsuit against a defendant who has no domicile in the the People's Republic of China area because of a contract dispute or other property right dispute, if the contract is signed or performed in the the People's Republic of China area, or the subject matter of the lawsuit is in the the People's Republic of China area, or the defendant has property that can be seized in the the People's Republic of China area, or the defendant has a representative office in the the People's Republic of China area, it may be under the jurisdiction of the people's court of the place where the contract is signed, the place where the contract is performed, the place where the subject matter of the action is located, the place where the property can be seized, the place where the tort is committed or the place where the representative office has its domicile.
Article 266 A lawsuit arising from a dispute over the performance of a Chinese-foreign equity joint venture contract, a Chinese-foreign contractual joint venture contract or a Chinese-foreign cooperative exploration and exploitation of natural resources the People's Republic of China shall be under the jurisdiction of the the People's Republic of China people's court.
 
Chapter 25 Service, Period
Article 267
The people's court may use the following methods to serve litigation documents on a party who has no domicile in the the People's Republic of China area:
The (I) shall be served in the manner provided for in an international treaty concluded between the State in which the person to be served and the the People's Republic of China or to which they are both parties;
(II) through diplomatic channels;
The (III) may entrust the service of a person with the People's Republic of China nationality to the embassy or consulate of the the People's Republic of China in the country where the person is to be served;
(IV) to the agent ad litem authorized by the person to be served who is entitled to accept service on his behalf;
(V) to the representative office established by the person to be served in the field of the People's Republic of China, or to the branch or business agent entitled to receive service;
(VI) the law of the country where the person to be served is allowed to be served by mail, it may be served by mail, and if three months have elapsed since the date of mailing and the certificate of service has not been returned, but it is sufficient to be determined that it has been served according to various circumstances, the service shall be deemed to have been served on the expiration of the period;
The (VII) shall be delivered by fax, e-mail, etc. which can confirm the receipt of the addressee;
If the (VIII) cannot be served by the above-mentioned methods, the service shall be deemed to have been served by public announcement three months from the date of the public announcement.
Article 268 If the defendant has no domicile in the the People's Republic of China area, the people's court shall serve a copy of the bill of complaint on the defendant and notify the defendant to file a defense within 30 days after receiving the copy of the bill of complaint. If the defendant applies for an extension, the people's court shall decide whether to grant it.
Article 269 If a party who has no domicile in the the People's Republic of China area refuses to accept the judgment or order of the people's court of first instance, he shall have the right to appeal within 30 days from the date of service of the judgment or order. The appellee shall file a reply within 30 days after receiving a copy of the appeal. If the parties are unable to file an appeal or a defense within the statutory period and apply for an extension of time, the people's court shall decide whether to grant it.
Article 270 The duration of the trial of civil cases involving foreign elements by the people's courts shall not be restricted by the provisions of Articles 149 and 176 of this Law.
 
Chapter 26 Arbitration
Article 171
If a dispute arises in foreign-related economic and trade, transportation or maritime affairs, the parties shall not bring a suit in a people's court if they have an arbitration clause in the contract or reach a written arbitration agreement afterwards and submit it to the People's Republic of China foreign-related arbitration institution or other arbitration institution for arbitration.
If the parties do not have an arbitration clause in the contract or have not reached a written arbitration agreement afterwards, they may bring a suit in a people's court.
Article 272 Where a party applies for preservation, the the People's Republic of China foreign-related arbitration institution shall submit the party's application to the intermediate people's court of the place where the respondent has his domicile or where his property is located for a ruling.
Article 273 Where an award has been made by a People's Republic of China foreign-related arbitration institution, the parties may not bring a suit in a people's court. If one party fails to perform the arbitral award, the other party may apply to the intermediate people's court of the place where the respondent has his domicile or where his property is located for enforcement.
Article 274 A People's Court shall, upon examination and verification by a collegial panel formed by the People's Court, rule not to enforce an award made by a People's Republic of China foreign-related arbitral institution if the respondent provides evidence to prove that the arbitral award is under any of the following circumstances:
(I) the parties do not have an arbitration clause in the contract or have not subsequently reached a written arbitration agreement;
(II) the Respondent has not been notified of the appointment of the arbitrator or the conduct of the arbitration proceedings, or fails to state its opinions for other reasons not for which the Respondent is responsible;
(III) the composition of the arbitration tribunal or the arbitration procedure is inconsistent with the arbitration rules;
The matters adjudicated by the (IV) do not fall within the scope of the arbitration agreement or the arbitration institution is not entitled to arbitrate.
If the people's court determines that the enforcement of the award is contrary to the public interest, it shall rule not to enforce it.
Article 275 If the enforcement of an arbitral award is disallowed by a people's court, the parties may, in accordance with the written arbitration agreement reached between them, apply for arbitration again or bring a suit in a people's court.
 
Chapter XXVII Judicial Assistance
Article 276
In accordance with the international treaties the People's Republic of China have concluded or acceded to, or in accordance with the principle of reciprocity, the people's courts and foreign courts may request each other to serve documents, investigate and collect evidence and conduct other litigation acts on their behalf.
If the assistance requested by a foreign court is detrimental to the sovereignty, security or public interests of the the People's Republic of China, the people's court shall not enforce it.
Article 277 The request for and provision of judicial assistance shall be made through the channels provided for in the international treaties to which the the People's Republic of China has concluded or acceded or, if there is no treaty relationship, through diplomatic channels.
Foreign embassies and consulates in the People's Republic of China may serve documents and investigate and collect evidence on citizens of that country, but they shall not violate the People's Republic of China laws and shall not take compulsory measures.
Except for the circumstances specified in the preceding paragraph, no foreign agency or individual may serve documents, investigate and collect evidence in the People's Republic of China areas without the permission of the the People's Republic of China competent authority.
Article 278 The letter of request for judicial assistance by a foreign court to a people's court and the accompanying documents shall be accompanied by a Chinese translation or a text in other languages specified in international treaties.
The letter of request for judicial assistance by a people's court and the accompanying documents shall be accompanied by a translation in the language of that State or in other languages provided for in international treaties.
Article 279 The people's courts shall provide judicial assistance in accordance with the procedures prescribed by the People's Republic of China laws. If a foreign court requests the use of a special method, it may also proceed in the special method requested by it, but the special method requested shall not violate the People's Republic of China laws.
Article 280 If the party requests execution of a legally effective judgment or order made by a people's court or its property is not within the the People's Republic of China territory, the party may directly apply to the foreign court with jurisdiction for recognition and enforcement. The people's court may also request the foreign court to recognize and enforce it in accordance with the provisions of the international treaties concluded or acceded to by the the People's Republic of China, or in accordance with the principle of reciprocity.
If a party requests enforcement of an arbitral award made by a People's Republic of China foreign-related arbitration institution that has legal effect, if the person to be executed or his property is not in the the People's Republic of China domain, the party shall directly apply to the foreign court with jurisdiction for recognition and enforcement.
Article 181: Where a legally effective judgment or order made by a foreign court needs to be recognized and enforced by a People's Republic of China people's court, the party may directly apply to the intermediate people's court that has jurisdiction over the the People's Republic of China for recognition and enforcement, or the foreign court may, in accordance with the provisions of the international treaties concluded or acceded to by the country and the the People's Republic of China, or in accordance with the principle of reciprocity, request the people's court to recognize and enforce it.
Article 182 If the people's court considers that a legally effective judgment or order made by a foreign court applying for or requesting recognition and enforcement is not in violation of the basic principles of the People's Republic of China law or the sovereignty, security or public interest of the State after reviewing it in accordance with the international treaties concluded or acceded to by the the People's Republic of China or in accordance with the principle of reciprocity, the people's court shall issue an enforcement order if it recognizes its validity and needs to be enforced, in accordance with the relevant provisions of this Law. Violation of the basic principles of the People's Republic of China law or national sovereignty, security, social and public interests shall not be recognized and enforced.
Article 283 Where an award made by a foreign arbitration institution needs to be recognized and enforced by a People's Republic of China people's court, the parties concerned shall apply directly to the intermediate people's court in the place where the person subject to execution has his domicile or where his property is located, and the people's court shall, in accordance with the international treaties concluded or acceded to by the the People's Republic of China, or in accordance with the principle of reciprocity.
Article 284 This Law shall enter into force on the date of its promulgation, 《the People's Republic of China Civil Procedure Law (for Trial Implementation)Abolition at the same time.