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    中華人民共和國民事訴訟法(英文版全文)CIVIL PROCEDURE LAW OF THE PEOPLE'S REPUBLIC OF CHINA
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    中華人民共和國民事訴訟法(英文版全文)CIVIL PROCEDURE LAW OF THE PEOPLE'S REPUBLIC OF CHINA        

    CIVIL PROCEDURE LAW OF THE PEOPLE'S REPUBLIC OF CHINA

    (國際貿易法律網http://www.quotestudio.net

     

    Part One General Provisions

    CHAPTER I The Aim Scope of Application Basic Principles

    CHAPTER II Jurisdiction

    Section 1 Jurisdiction by Forum Level

    Section 2 Territorial Jurisdiction

    Section 3 Transfer Designation of Jurisdiction

    CHAPTER III Trial Organization

    CHAPTER IV Withdrawal

    CHAPTER V Participants in Proceedings

    Section 1 Parties

    Section 2 Agents ad Litem

    CHAPTER VI Evidence

    CHAPTER VII Time Periods Service

    Section 1 Time Periods

    Section 2 Service

    CHAPTER VIII Conciliation

    CHAPTER IX Property Preservation Advance Execution

    CHAPTER X Compulsory Measures Against Obstruction of Civil Proceedings

    CHAPTER XI Litigation Costs

    Part Two Trial Procedure

    CHAPTER XII Ordinary Procedure of First Instance

    Section 1 Bringing a Lawsuit Entertaining a Case

    Section 2 Preparations for Trial

    Section 3 Trial in Court

    Section 4 Suspension Termination of Litigation

    Section 5 Judgment Order

    CHAPTER XIII Summary Procedure

    CHAPTER XIV Procedure of Second Instance

    CHAPTER XV Special Procedure Section 1 General Provisions

    Section 2 Cases Concerning the Qualification of Voters

    Section 3 Cases Concerning the Declaration of a Person as MissingDead

    Section 4 Cases Concerning the Adjudgment of Legal IncapacityRestricted Legal Capacity of Citizens

    Section 5 Cases Concerning the Determination of a Property as Ownerless

    CHAPTER XVI Procedure for Trial Supervision

    CHAPTER XVII Procedure for Hastening Debt Recovery

    CHAPTER XVIII Procedure for Publicizing Public Notice for Assertion of Claims

    CHAPTER XIX Procedure for Bankruptcy Debt Repayment of Legal Person Enterprises

    Part Three Procedure of Execution

    CHAPTER XX General Provisions

    CHAPTER XXI Application for Execution Referral

    CHAPTER XXII Execution Measures

    CHAPTER XXIII Suspension Termination of Execution

     

    Part Four Special Provisions for Civil Procedure of Cases Involving Foreign Element

    CHAPTER XXIV General Principles

    CHAPTER XXV Jurisdiction

    CHAPTER XXVI Service Time Periods

    CHAPTER XXVII Property Preservation

    CHAPTER XXVIII Arbitration

    CHAPTER XXIX Judicial Assistance

    PART ONE GENERAL PROVISIONS

    Chapter I The Aim Scope of Application Basic Principles

    Article 1

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

    Article 2

    The Civil Procedure Law of the People's Republic of China aims to protect the exercise of the litigation rights of the parties ensure the ascertaining of facts by the people's courts distinguish right wrong apply the law correctly try civil cases promptly affirm civil rights obligations impose sanctions for civil wrongs protect the lawful rights interests of the parties educate citizens to voluntarily abide by the law maintain the social economic order guarantee the smooth progress of the socialist construction.

    Article 3

    In dealing with civil litigation arising disputes on property personal relations between citizens legal personsother organizations between the three of them the people's courts shall apply the provisions of this Law.

    Article 4

    Whoever engages in civil litigation within the territory of the People's Republic of China must abide by this Law.

    Article 5

    Aliens stateless persons foreign enterprises organizations that bring suitsenter appearance in the people's courts shall have the same litigation rights obligations as citizens legal persons other organizations of the People's Republic of China.

    If the courts of a foreign country impose restrictions on the civil litigation rights of the citizens legal persons other organizations of the People's Republic of China the people's courts of the People's Republic of China shall follow the principle of reciprocity regarding the civil litigation rights of the citizens enterprises organizations of that foreign country.

    Article 6

    The people's courts shall exercise judicial powers with respect to civil cases. The people's courts shall try civil cases independently in accordance with the law shall be subject to no interference by any administrative organ public organizationindividual.

    Article 7

    In trying civil cases the people's courts must base themselves on facts take the law as the criterion.

    Article 8

    The parties in civil litigation shall have equal litigation rights. The people's courts shall in conducting the trials safeguard their rights facilitate their exercising the rights apply the law equally to them.

    Article 9

    In trying civil cases the people's courts shall conduct conciliation for the parties on a voluntary lawful basis; if conciliation fails judgments shall be rendered without delay.

    Article 10

    In trying civil cases the people's courts shall according to the provisions of the law follow the systems of panel hearing withdrawal public trial the court of second instance being that of last instance.

    Article 11

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

    Where minority nationalities live in aggregation in a community several nationalities live together in one area the people's courts shall conduct hearings issue legal documents in the spoken written languages commonly used by the local nationalities.

    The people's courts shall provide translations for any participant in the proceedings who is not familiar with the spokenwritten languages commonly used by the local nationalities.

    Article 12

    Parties to civil actions are entitled in the trials by the people's courts to argue for themselves.

    Article 13

    The parties are free to deal with their own civil rights litigation rights the way they prefer within the scope provided by the law.

    Article 14

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

    Article 15

    Where an act has infringed upon the civil rights interests of the State a collective organizationan individual any State organ public organization enterpriseinstitution may support the injured unitindividual to bring an action in a people's court.

    Article 16

    The people's conciliation committees shall be mass organizations to conduct conciliation of civil disputes under the guidance of the grass- roots level people's governments the basic level people's courts.

    The people's conciliation committee shall conduct conciliation for the parties according to the Law on a voluntary basis. The parties concerned shall carry out the settlement agreement reached through conciliation; those who decline conciliationthose for whom conciliation has failedthose who have backed out of the settlement agreement may institute legal proceedings in a people's court.

    If a people's conciliation committee in conducting conciliation of civil disputes acts contrary to the law rectification shall be made by the people's court.

    Article 17

    The people's congresses of the national autonomous regions may formulate in accordance with the Constitution the principles of this Law in conjunction with the specific circumstances of the local nationalities adaptive supplementary provisions. Such provisions made by an autonomous region shall be submitted to the Sting Committee of the National People's Congress for approval; those made by an autonomous prefectureautonomous county shall be submitted to the sting committee of the people's congress of the relevant provinceautonomous region for approval to the Sting Committee of the National People's Congress for the record.

     

    Chapter II Jurisdiction

    Section 1 Jurisdiction by Forum Level

     

    Article 18

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

    Article 19

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

    (1) major cases involving foreign element;

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

    (3) cases as determined by the Supreme People's Court to be under the jurisdiction of the intermediate people's courts.

    Article 20

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

    Article 21

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

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

    (2) cases that the Supreme People's Court deems it should try.

     

    Section 2 Territorial Jurisdiction

     

    Article 22

    A civil lawsuit brought against a citizen shall be under the jurisdiction of the people's court of the place the defendant has his domicile;

    if the place of the defendant's domicile is different that of his habitual residence the lawsuit shall be under the jurisdiction of the people's court of the place of his habitual residence.

    A civil lawsuit brought against a legal personany other organization shall be under the jurisdiction of the people's court of the place the defendant has his domicile.

    Where the domicileshabitual residences of several defendants in the same lawsuit are in the areas under the jurisdiction of twomore people's courts all of those people's courts shall have jurisdiction over the lawsuit.

    Article 23

    The civil lawsuits described below shall be under the jurisdiction of the people's court of the place the plaintiff has his domicile; if the place of the plaintiff's domicile is different that of his habitual residence the lawsuit shall be under the jurisdiction of the people's court of the place of the plaintiff's habitual residence:

    (1) those concerning personal status brought against persons not residing within the territory of the People's Republic of China;

    (2) those concerning the personal status of persons whose abouts are unknownwho have been declared as missing;

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

    (4) those brought against persons who are in imprisonment.

    Article 24

    A lawsuit brought on a contract dispute shall be under the jurisdiction of the people's court of the place the defendant has his domicile the contract is performed.

    Article 25

    The parties to a contract may agree to choose in their written contract the people's court of the place the defendant has his domicile the contract is performed the contract is signed the plaintiff has his domicile the object of the action is located to exercise jurisdiction over the case provided that the provisions of this Law regarding jurisdiction by forum level exclusive jurisdiction are not violated.

    Article 26

    A lawsuit brought on an insurance contract dispute shall be under the jurisdiction of the people's court of the place the defendant has his domicile the insured object is located.

    Article 27

    A lawsuit brought on a bill dispute shall be under the jurisdiction of the people's court of the place the bill is to be paid the defendant has his domicile.

    Article 28

    A lawsuit arising a dispute over a railway road waterair transport contractover a combined transport contract shall be under the jurisdiction of the people's court of the place of dispatchthe place of destination the defendant has his domicile.

    Article 29

    A lawsuit brought on a tortious act shall be under the jurisdiction of the people's court of the place the tort is committed the defendant has his domicile.

    Article 30

    A lawsuit brought on claims for damages caused by a railway road water transportair accident shall be under the jurisdiction of the people's court of the place the accident occurred the vehicleship first arrived after the accident the aircraft first led after the accident the defendant has his domicile.

    Article 31

    A lawsuit brought on claims for damages caused by a collision at seaby any other maritime accident shall be under the jurisdiction of the people's court of the place the collision occurred the ship in collision first docked after the accident the ship at fault was detained the defendant has his domicile.

    Article 32

    A lawsuit instituted for expenses of maritime salvage shall be under the jurisdiction of the people's court of the place the salvage took place the salvaged ship first docked after the disaster.

    Article 33

    A lawsuit brought for general average shall be under the jurisdiction of the people's court of the place the ship first docked the adjustment of general average was conducted the voyage ended.

    Article 34

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

    (1) a lawsuit brought on a dispute over real estate shall be under the jurisdiction of the people's court of the place the estate is located;

    (2) a lawsuit brought on a dispute over harbour operations shall be under the jurisdiction of the people's court of the place the harbour is located;

    (3) a lawsuit brought on a dispute over succession shall be under the jurisdiction of the people's court of the place the decedent had his domicile upon his death the principal part of his estate is

    located.

    Article 35

    When twomore people's courts have jurisdiction over a lawsuit the plaintiff may bring his lawsuit in one of these people's courts; if the plaintiff brings the lawsuit in twomore people's courts that have jurisdiction over the lawsuit the people's court in which the case was first entertained shall have jurisdiction.

     

    Section 3 Transfer Designation of Jurisdiction

     

    Article 36

    If a people's court finds that a case it has entertained is not under its jurisdiction it shall refer the case to the people's court that has jurisdiction over the case. The people's court to which a case has been referred shall entertain the case if it considers that according to the relevant regulations the case referred to it is not under its jurisdiction it shall report to a superior people's court for the designation of jurisdiction shall not independently refer the case again to another people's court.

    Article 37

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

    In the event of a jurisdictional dispute between twomore people's courts it shall be resolved by the disputing parties through

    consultation; if the dispute cannot be so resolved it shall be reported to their common superior people's court for the designation of jurisdiction.

    Article 38

    If a party to an action objects to the jurisdiction of a people's court after the court has entertained the case the party must raise the objection within the period prescribed for the submission of defence. The people's court shall examine the objection. If the objection is established the people's court shall order the case to be transferred to the people's court that has jurisdiction over it; if not the people's court shall reject it.

    Article 39

    The people's courts at higher levels shall have the power to try civil cases over which the people's courts at lower levels have jurisdiction as courts of first instance; they may also transfer civil cases over which they themselves have jurisdiction as courts of first instance to people's courts at lower levels for trial. If a people's court at a lower level that has jurisdiction over a civil case as court of first instance deems it necessary to have the case to be tried by a people's court at a higher level it may submit it to request the people's court at a higher level to try the case.

     

    Chapter III Trial Organization

     

    Article 40

    The people's court of first instance shall try civil cases by a collegial panel composed of both judges judicial assessorsof judges alone.

    The collegial panel must have an odd number of members.

    Civil cases in which summary procedure is followed shall be tried by a single judge alone.

    When performing their duties the judicial assessors shall have equal rights obligations as the judges.

    Article 41

    The people's court of second instance shall try civil cases by a collegial panel of judges. The collegial panel must have an odd number of members.

    For the retrial of a remed case the people's court of first instance shall form a new collegial panel in accordance with the procedure of first instance. If a case for retrial was originally tried at first instance a new collegial panel shall be formed according to the procedure of first instance; if the case was originally tried at second instancewas brought by a people's court at a higher level to it for trial a new collegial panel shall be formed according to the procedure of second instance.

    Article 42

    The president of the courtthe chief judge of a division of the court shall designate a judge to serve as the presiding judge of the collegial panel; if the presidentthe chief judge participates in the trial he himself shall serve as the presiding judge.

    Article 43

    When deliberating a case a collegial panel shall observe the rule of majority. The deliberations shall be recorded in writing the transcript shall be signed by the members of the collegial panel. Dissenting opinions in the deliberations must be truthfully entered in the transcript.

    Article 44

    The judicial officers shall deal with all cases impartially in accordance with the law.

    The judicial officers shall not accept any treatgift the partiestheir agents ad litem.

    Any judicial officer who commits embezzlement accepts bribes engages in malpractice for personal benefitswho perverts the law in passing judgment shall be investigated for legal responsibility; if the act constitutes a crime the offender shall be investigated for criminal responsibility according to the law.

     

    Chapter IV Withdrawal

     

    Article 45

    A judicial officer shall of himself withdraw the case the parties thereto shall be entitled to apply orallyin writing for his withdrawal in any of the following circumstances:

    (1) he being a party to the casea near relative of a partyan agent ad litem in the case;

    (2) he being an interested party in the case; or

    (3) he having some other kind of relationship with a party to the case

    which might affect the impartiality of the trial.

    The above provisions shall also apply to clerks interpreters expert witnesses inspection personnel.

    Article 46

    In applying for the withdrawal the party shall state the reason submit the application at the beginning of the proceedings; the application may also be submitted before the closing of arguments in court if the reason for the withdrawal is known to him only after the proceedings begin.

    Pending a decision by the people's court regarding the withdrawal applied for the judicial officer concerned shall temporarily suspend his participation in the proceedings with the exception however of cases that require the taking of emergency measures.

    Article 47

    The withdrawal of the presiding judge who is president of the court shall be decided by the judicial committee; the withdrawal of judicial officers shall be decided by the court president; the withdrawal of other personnel by the presiding judge.

    Article 48

    The decision of a people's court on an application made by any party for withdrawal shall be made orallyin writing within three days after the application was made. If the applicant is not satisfied with the decision he may apply for reconsideration which could be granted only once. During the period of reconsideration the person whose withdrawal has been applied for shall not suspend his participation in the proceedings. The decision of a people's court on the reconsideration shall be made within

    three days after receiving the application the applicant shall be notified of it accordingly.

     

    Chapter V Participants in Proceedings

    Section 1 Parties

     

    Article 49

    Any citizen legal person any other organization may become a party to a civil action.

    Legal persons shall be represented by their legal representatives in the litigation. Other organizations shall be represented by their principal heads in the proceedings.

    Article 50

    Parties to an action shall have the right to appoint agents apply for withdrawals collect provide evidence proffer arguments request conciliation file an appeal apply for execution.

    Parties to an action may have access to materials pertaining to the case make copies thereof other legal documents pertaining to the case.

    The scope of rules for consulting making copies of them shall be specified by the Supreme People's Court.

    Parties to an action must exercise their litigation rights in accordance with the law observe the procedures carry out legally effective written judgmentsorders conciliation statements.

    Article 51

    The two parties may reach a compromise of their own accord.

    Article 52

    The plaintiff may relinquishmodify his claims. The defendant may admitrebut the claims shall have the right to file counterclaims.

    Article 53

    When one partyboth parties consist of twomore than two persons their object of action being the sameof the same category the people's court considers that with the consent of the parties the action can be tried combined it is a joint action.

    If a party of twomore persons to a joint action have common rights obligations with respect to the object of action the act of any one of them is recognized by the others of the party such an act shall be valid for all the rest of the party; if a party of twomore persons have no common rights obligations with respect to the object of action the act of any one of them shall not be valid for the rest.

    Article 54

    If the persons comprising a party to a joint action is large in number the party may elect representatives among themselves to act for them in the litigation. The acts of such representatives in the litigation shall be valid for the party they represent. However modificationwaiver of claimsadmission of the claims of the other partypursuing a compromise with the other party by the representatives shall be subject to the consent of the party they represent.

    Article 55

    Where the object of action is of the same category the persons comprising one of the parties is large but uncertain in number at the commencement of the action the people's court may issue a public notice stating the particulars claims of the case informing those entitled to participate in the action to register their rights with the people's court within a fixed period of time.

    Those who have registered their rights with the people's court may elect representatives among themselves to proceed with the litigation; if the election fails its purpose such representatives may be determined by the people's court through consultation with those who have registered their rights with the court.

    The acts of such representative in the litigation shall be valid for the party they represent; however modificationwaiver of claimsadmission of the claims of the other partypursuing a compromise with the other party by the representatives shall be subject to the consent of the party they represent.

    The judgmentswritten orders rendered by the people's court shall be valid for all those who have registered their rights with the court. Such judgmentswritten orders shall apply to those who have not registered their rights but have instituted legal proceedings during period of limitation of the action.

    Article 56

    If a third party considers that he has an independent claim to the object of action of both parties he shall have the right to bring an action.

    Where the outcome of the case will affect a third party's legal interest such party though having no independent claim to the object of action of both parties may file a request to participate in the proceedingsthe people's court shall notify the third party to participate. A third party that is to bear civil liability in accordance with the judgment of the people's court shall be entitled to the rights obligations of a party in litigation.

     

    Section 2 Agents ad Litem

     

    Article 57

    Any person with no legal capacity to engage in litigation shall have his guardianguardians as statutory agents to act for him in a lawsuit. If the statutory agents try to shift responsibility as agents ad litem upon one another the people's court shall appoint one of them to represent the person in litigation.

    Article 58

    A party to an actionstatutory agent may appoint onetwo persons to act as his agents ad litem.

    A lawyer a near relative of the party a person recommended by a relevant social organizationa unit to which the party belongsany other citizen approved by the people's court may be appointed as the party's agent ad litem.

    Article 59

    When a person appoints another to act on his behalf in litigation he must submit to the people's court a power of attorney bearing his signatureseal.

    The power of attorney must specify the matters entrusted the powers conferred. An agent ad litem must obtain special powers his principal to admit waivemodify claimsto compromiseto file a counterclaiman appeal.

    A power of attorney maileddelivered through others by a citizen of the People's Republic of China residing abroad must be certified by the Chinese embassyconsulate accredited to that country. If there is no Chinese embassyconsulate in that country the power of attorney must be certified by an embassya consulate of a third country accredited to that country that has diplomatic relations with the People's Republic of China then transmitted for authentication to the embassyconsulate

    of the People's Republic of China accredited to that third countryit must be certified by a local patriotic overseas Chinese organization.

    Article 60

    A party to an action shall inform the people's court in writing if he changesrevokes the powers of an agent ad litem the court shall notify the other party of the changerevocation.

    Article 61

    A lawyer who serves as an agent ad litem other agents ad litem shall have the right to investigate collect evidence may have access to materials pertaining to the case. The scope of rules for consulting materials pertaining to the case shall be specified by the Supreme People's Court.

    Article 62

    In a divorce case in which the parties to the action have been represented by their agents ad litem the parties themselves shall still appear in court in person unless they are incapable of expressing their own will. A party who is truly unable to appear in court due to a special reason shall submit his views in writing to the people's court.

    (國際貿易法律網http://www.quotestudio.net

     

     

    Chapter VI Evidence

     

    Article 63

    Evidence shall be classified as follows:

    (1) documentary evidence;

    (2) material evidence;

    (3) audio-visual material;

    (4) testimony of witnesses;

    (5) statements of the parties;

    (6) expert conclusions;

    (7) records of inspection.

    The above-mentioned evidence must be verified before it can be taken as a

    basis for ascertaining a fact.

    Article 64

    It is the duty of a party to an action to provide evidence in support of

    his allegations.

    If for objective reasons a party his agent ad litem are unable to

    collect the evidence by themselvesif the people's court considers the

    evidence necessary for the trial of the case the people's court shall

    investigate collect it.

    The people's court shall in accordance with the procedure prescribed by

    the law examine verify evidence comprehensively objectively.

    Article 65

    The people's court shall have the right to make investigation collect

    evidence the relevant unitsindividuals; such unitsindividuals

    may not refuse to provide information evidence.

    The people's court shall verify the authenticity examine determine

    the validity of the certifying documents provided by the relevant units or

    individuals.

    Article 66

    Evidence shall be presented in court cross-examined by the parties

    concerned. But evidence that involves State secrets trade secrets

    personal privacy shall be kept confidential. If it needs to be presented

    in court such evidence shall not be presented in an open court session.

    Article 67

    The people's court shall take the acts facts documents legalized by

    notarization according to legal procedures as the basis for ascertaining

    facts unless there is evidence to the contrary sufficient to invalidate

    the notarization.

    Article 68

    Any document submitted as evidence must be the original. Material evidence

    must also be original. If it is truly difficult to present the original

    documentthing then reproductions photographs duplicatesextracts

    of the original may be submitted.

    If a document in a foreign language is submitted as evidence a Chinese

    translation must be appended.

    Article 69

    The people's court shall verify audio-visual materials determine after

    their examination in the light of other evidence in the case whether they

    can be taken as a basis for ascertaining the facts.

    Article 70

    All units individuals who have knowledge of a case shall be under the

    obligation of giving testimony in court. Responsible heads of the relevant

    units shall support the witnesses to give testimony. When it is truly

    difficult for a witness to appear in court he may with the consent of

    the people's court submit a written testimony.

    Any person who is incapable of expressing his will properly shall not give

    testimony.

    Article 71

    The people's court shall examine the statements of the parties concerned

    in the light of other evidence in the case to determine whether the

    statements can be taken as a basis for ascertaining the facts.

    The refusal of a party to make statements shall not prevent the people's

    court ascertaining the facts of a case on the basis of other

    evidence.

    Article 72

    When the people's court deems it necessary to make an expert evaluation of

    a problem of a technical nature it shall refer the problem to a

    department authorized by the law for the evaluation. In the absence of

    such a department the people's court shall appoint one to make the expert

    evaluation.

    The authorized department the experts designated by the department

    shall have the right to consult the case materials necessary for the

    evaluation question the parties witnesses when circumstances so

    require.

    The authorized department the experts it designated shall present a

    written conclusion of the evaluation duly sealedsigned by both. If the

    evaluation is made by an expert alone the unit to which the expert

    belongs shall certify his status by affixing its seal to the expert's

    conclusion.

    Article 73

    When inspecting material evidencea site the inspector must produce

    his credentials issued by a people's court. He shall request the local

    grass-roots organizationthe unit to which the party to the action

    belongs to send persons to participate in the inspection. The party

    concernedan adult member of his family shall be present; their refusal

    to appear on the scene however shall not hinder the inspection. Upon

    notification by the people's court the relevant units individuals

    shall be under the obligation of preserving the site assisting the

    inspection. The inspector shall make a written record of the

    circumstances results of the inspection which shall be duly signed or

    sealed by the inspector the party concerned the participants

    requested to be present.

    Article 74

    Under circumstances there is a likelihood that evidence may be

    destroyedlostdifficult to obtain later the participants in the

    proceedings may apply to the people's court for preservation of the

    evidence. The people's court may also on its own initiative take measures

    to preserve such evidence.

     

     

    Chapter VII Time Periods Service

     

     

    Section 1 Time Periods

    Article 75

    Time periods shall include those prescribed by the law those

    designated by a people's court.

    Time periods shall be calculated by the hour the day the month the

    year. The hour day which a time period begins shall not be

    counted as within the time period.

    If the expiration date of a time period falls on a holiday then the day

    immediately following the holiday shall be regarded as the expiration

    date.

    A time period shall not include travelling time. A litigation document

    that is mailed before the deadline shall not be regarded as overdue.

    Article 76

    In case of failure on the part of a party to an action to meet a deadline

    due to force majeurefor other justified reasons the party concerned

    may apply for an extension of the time limit within 10 days after the

    obstacle is removed. The extension applied for shall be subject to

    approval by a people's court.

    Section 2 Service

    Article 77

    A receipt shall be required for every litigation document that is served

    it shall bear the date of receipt noted by the signatureseal of

    the person on whom the document was served.

    The date noted on the receipt by the person on whom the document was

    served shall be regarded as the date of service of the document.

    Article 78

    Litigation documents shall be sentdelivered directly to the person on

    whom they are to be served. If that person is a citizen the documents

    shall in case of his absence be receipted by an adult member of his

    family living with him. If the person on whom they are to be served is a

    legal personany other organization the documents shall be receipted

    by the legal representatives of the legal personthe principal heads of

    the other organizationanyone of the legal personthe other

    organization responsible for receiving such documents; if the person on

    whom they are to be served has an agent ad litem the documents may be

    receipted by the agent ad litem; if the person on whom they are to be

    served has designated a person to receive litigation documents on his

    behalf has informed the people's court of it the documents may be

    receipted by the person designated.

    The date put down in the receipt signed by the adult family member

    living with the personwhom the litigation documents are to be served

    or by the person responsible for receiving documents of a legal person or

    any other organizationby the agent ad litemthe person designated

    to receive documents shall be deemed the date of service of the documents.

    Article 79

    If the person on whom the litigation documents are to be servedthe

    adult family member living with him refuses to receive the documents the

    person serving the documents shall ask representatives the relevant

    grass-roots organizationthe unit to which the person on whom the

    documents are to be served belongs to appear on the scene explain the

    situation to them record on the receipt the reasons of the refusal

    the date of it. After the person serving the documents the

    witnesses have affixed their signaturesseals to the receipt the

    documents shall be left at the place the person on whom they are to

    be served lives the service shall be deemed completed.

    Article 80

    If direct service proves to be difficult service of litigation documents

    may be entrusted to another people's courtdone by mail. If the

    documents are served by mail the date stated on the receipt for postal

    delivery shall be deemed the date of service of the documents.

    Article 81

    If the person on whom the litigation documents are to be served is a

    military-man the documents shall be forwarded to him through the

    political organ of the unit atabove the regimental level in the force

    to which he belongs.

    Article 82

    If the person on whom the litigation documents are to be served is in

    imprisonment the documents shall be forwarded to him through the prison

    authoritiesthe unit of reform through labour the person is

    serving his term.

    If the person on whom the litigation documents are to be served is

    undergoing rehabilitation through labour the documents shall be forwarded

    to him through the unit of his rehabilitation through labour.

    Article 83

    The organizationunit that receives the litigation documents to be

    forwarded must immediately deliver them to have them receipted by the

    person on whom they are to be served. The date stated on the receipt shall

    be deemed the date of service of the documents.

    Article 84

    If the abouts of the person on whom the litigation documents are to

    be served is unknownif the documents cannot be served by the other

    methods specified in this Section the documents shall be served by public

    announcement. Sixty days after the public announcement is made the

    documents shall be deemed to have been served.

    The reasons for service by public announcement the process gone

    through shall be recorded in the case files.

     

     

    Chapter VIII Conciliation

     

     

    Article 85

    In the trial of civil cases the people's court shall distinguish between

    right wrong on the basis of the facts being clear conduct

    conciliation between the parties on a voluntary basis.

    Article 86

    When a people's court conducts conciliation a single judgea collegial

    panel may preside over it. Conciliation shall be conducted on the spot as

    much as possible.

    When a people's court conducts conciliation it may employ simplified

    methods to notify the parties concerned the witnesses to appear in

    court.

    Article 87

    When a people's court conducts conciliation it may invite the units or

    individuals concerned to come to its assistance. The unitsindividuals

    invited shall assist the people's court in conciliation.

    Article 88

    A settlement agreement reached between the two parties through

    conciliation must be of their own free will without compulsion. The

    content of the settlement agreement shall not contravene the law.

    Article 89

    When a settlement agreement through conciliation is reached the people's

    court shall draw up a conciliation statement. The conciliation statement

    shall clearly set forth the claims the facts of the case the result

    of the conciliation.

    The conciliation statement shall be signed by the judge the court

    clerk sealed by the people's court served on both parties.

    Once it is receipted by the two parties concerned the conciliation

    statement shall become legally effective.

    Article 90

    The people's court need not draw up a conciliation statement for the

    following cases when a settlement agreement is reached through

    conciliation:

    (1) divorce cases in which both parties have become reconciled after

    conciliation;

    (2) cases in which adoptive relationship has been maintained through

    conciliation;

    (3) cases in which the claims can be immediately satisfied;

    (4) other cases that do not require a conciliation statement.

    Any settlement agreement that needs no conciliation statement shall be

    entered into the written record shall become legally effective after

    being signedsealed by both parties concerned by the judge by the

    court clerk.

    Article 91

    If no agreement is reached through conciliationif either party backs

    out of the settlement agreement before the conciliation statement is

    served the people's court shall render a judgment without delay.

     

     

    Chapter IX Property Preservation Advance Execution

     

     

    Article 92

    In the cases the execution of a judgment may become impossible or

    difficult because of the acts of either partyfor other reasons the

    people's court may at the application of the other party order the

    adoption of measures for property preservation. In the absence of such

    application the people's court may of itself when necessary order the

    adoption of measures for property preservation.

    In adopting property preservation measures the people's court may enjoin

    the applicant to provide security; if the applicant fails to do so his

    application shall be rejected.

    After receiving an application the people's court must if the case is

    urgent make an order within 48 hours; if the order for the adoption of

    property preservation measures is made the execution thereof shall begin

    immediately.

    Article 93

    Any interested party whose lawful rights interests would due to

    urgent circumstances suffer irretrievable damage without immediately

    applying for property preservation may before filing a lawsuit apply to

    the people's court for the adoption of property preservation measures. The

    applicant must provide security; if he fails to do so his application

    shall be rejected.

    After receiving an application the people's court must make an order

    within 48 hours; if the court orders the adoption of property preservation

    measures the execution thereof shall begin immediately.

    If the applicant fails to bring an action within 15 days after the

    people's court has adopted the preservation measures the people's court

    shall cancel the property preservation.

    Article 94

    Property preservation shall be limited to the scope of the claimsto

    the property relevant to the case.

    Property preservation shall be effected by sealing up distraining

    freezingother methods as prescribed by the law.

    After the people's court has frozen the property it shall promptly notify

    the person whose property has been frozen.

    The property that has already been sealed upfrozen shall not be sealed

    upfrozen for a second time.

    Article 95

    If the person against whom the application for property reservation is

    made provides security the people's court shall cancel the property

    reservation.

    Article 96

    If an application for property preservation is wrongfully made the

    applicant shall compensate the person against whom the application is made

    for any loss incurred property preservation.

    Article 97

    The people's court may upon application of the party concerned order

    advance execution in respect of the following cases:

    (1) those involving claims for alimony support for childrenelders

    pension for the disabledthe family of a decedentexpenses for

    medical care;

    (2) those involving claims for remuneration for labour;

    (3) those involving urgent circumstances that require advance execution.

    Article 98

    Cases in which advance execution is ordered by the people's court shall

    meet the following conditions:

    (1) the relationship of rights obligations between the parties

    concerned is clear definite denial of advance execution would

    seriously affect the livelihoodproduction operations of the applicant;

    (2) the person against whom the application for advance execution is made

    is capable of fulfilling his obligations.

    The people's court may enjoin the applicant to provide security; if the

    applicant fails to do so his application shall be rejected. If the

    applicant loses the lawsuit he shall compensate the person against whom

    the application is made for any loss of property incurred the advance

    execution.

    Article 99

    If the party concerned is not satisfied with the order made on property

    preservationexecution he may apply for reconsideration which could be

    granted only once. Execution of the order shall not be suspended during

    the time of reconsideration.

     

     

    Chapter X Compulsory Measures Against Obstruction of CivilProceedings

     

     

    Article 100

    If a defendant is required to appear in court but having been served

    twice with summons still refuses to do so without justified reason the

    people's court may constrain him to appear in court by a peremptory writ.

    Article 101

    Participants other persons in the court proceedings shall abide by the

    court rules.

    If a person violates the court rules the people's court may reprim

    himorder him to leave the courtroomimpose a fine ondetain

    him.

    A person who seriously disrupts court order by making an uproar in the

    courtrushing at itinsulting slering threatening or

    assaulting the judicial officers shall be investigated for criminal

    responsibility by the people's court according to the law; if the offence

    is a minor one the offender may be detaineda fine imposed on him.

    Article 102

    If a participantany other person in the proceedings commits any one of

    the following acts the people's court shall according to the seriousness

    of the act impose a fine on himdetain him; if the act constitutes a

    crime the offender shall be investigated for criminal responsibility

    according to law.

    (1) forgingdestroying important evidence which would obstruct the

    trial of a case by the people's court;

    (2) using violence threatssubordination to prevent a witness

    giving testimonyinstigating suborningcoercing others to commit

    perjury;

    (3) concealing transferring sellingdestroying property that has been

    sealed updistrainedproperty of which an inventory has been made

    which has been put under his care according to court instruction or

    transferring the property that has been frozen;

    (4) insulting slering incriminating with false charges assaulting or

    maliciously retaliating against judicial officerspersonnel

    participants in the proceedings witnesses interpreters evaluation

    experts inspectorspersonnel assisting in execution;

    (5) using violence threatsother means to hinder judicial officers or

    personnel performing their duties; or

    (6) refusing to carry out legally effective judgmentsorders of the

    people's court.

    With respect to a unit that commits any one of the acts specified above

    the people's court may impose a fine ondetain its principal heads or

    the persons who are held actually responsible for the act; if the act

    constitutes a crime investigations for criminal responsibility shall be

    made according to the law.

    Article 103

    Where a unit which is under an obligation to assist in investigation

    execution commits any one of the following acts the people's court may

    apart enjoining it to perform its obligation also impose a fine:

    (1) refusingobstructing the investigation collection of evidence

    by the people's court;

    (2) refusing by banks credit cooperativesother units dealing with

    savings deposit after receiving a notice for assistance in execution

    the people's court to assist in inquiring into freezingtransferring

    the relevant deposit.

    (3) refusing by the unit concerned after receiving a notice for

    assistance in execution the people's court to assist in withholding

    the income of the party subject to execution in going through the

    formalities of transferring the relevant certificates of property rights

    or in transferring the relevant negotiable instruments certificates or

    other property; or

    (4) refusing to provide other obligatory assistance in the execution.

    With respect to a unit that commits any one of the acts specified above

    the people's court may impose a fine on its principal headsthe persons

    who are held actually responsible for the act. The people's court may also

    put forward a judicial proposal to the supervisory organany relevant

    organ for the imposition of disciplinary sanctions.

    Article 104

    A fine on an individual shall not exceed Renminbi 1000 yuan. A fine on a

    unit shall not be less than Renminbi 1000 yuan shall not exceed

    Renminbi 30000 yuan.

    The period of detention shall not be longer than 15 days.

    The people's court shall deliver detained persons to a public security

    organ for custody. The people's court may decide to advance the time of

    release if the detainee admits mends his wrongdoings.

    Article 105

    Constrained appearance in court imposition of a finedetention shall

    be subject to the approval of the president of the people's court.

    A peremptory writ shall be issued for constraining appearance in court. A

    decision in writing shall be made for the imposition of a fine or

    detention. The offender if dissatisfied with the decision may apply to

    a people's court at a higher level for reconsideration which could be

    granted only once. The execution of the decision shall not be suspended

    during the time of reconsideration.

    Article 106

    Decision on the adoption of compulsory measures against obstruction of

    proceedings shall be made only by the people's court. Any unit or

    individual that extorts repayment of a debt by illegal detention of a

    personillegal distrainment of property shall be investigated for

    criminal responsibility according to the lawshall be punished with

    detentiona fine.

     

     

    Chapter XI Litigation Costs

     

     

    Article 107

    Any party filing a civil lawsuit shall pay court costs according to the

    rules. For property cases the party shall pay other fees in addition to

    the court costs. Any party that has genuine difficulty in paying

    litigation costs may according to the relevant rules apply to the

    people's court for defermentreduction of the paymentfor its

    exemption.

    Particulars for payment of litigation costs shall be laid down separately.

     

     

    PART TWO TRIAL PROCEDURE

     

     

     

     

    Chapter XII Ordinary Procedure of First Instance

     

     

    Section 1 Bringing a Lawsuit Entertaining a Case

    Article 108

    The following conditions must be met when a lawsuit is brought:

    (1) the plaintiff must be a citizen legal personany other

    organization that has a direct interest in the case;

    (2) there must be a definite defendant;

    (3) there must be specific claimclaims facts causecauses for

    the suit;

    (4) the suit must be within the scope of acceptance for civil actions by

    the people's court under the jurisdiction of the people's court

    the suit is entertained.

    Article 109

    When a lawsuit is brought a statement of complaint shall be submitted to

    the people's court copies of the statement shall be provided

    according to the number of defendants.

    If the plaintiff has genuine difficulty in presenting the statement of

    complaint in writing he may state his complaint orally; the people's

    court shall transcribe the complaint inform the other party of it

    accordingly.

    Article 110

    A statement of complaint shall clearly set forth the following:

    (1) the name sex age ethnic status occupation work unit home

    address of the parties to the case; if the parties are legal persons or

    any other organizations their names addresses the names posts of

    the legal representativesthe principal heads.

    (2) the claimclaims of the suit the facts grounds on which the

    suit is based;

    (3) the evidence its source as well as the names home addresses

    of the witnesses.

    Article 111

    The people's court must entertain the lawsuits filed in conformity with

    the provisions of Article 108 of this Law. With respect to lawsuits

    described below the people's court shall deal with them in the light of

    their specific circumstances:

    (1) for a lawsuit within the scope of administrative actions in accordance

    with the provisions of the Administrative Procedure Law the people's

    court shall advise the plaintiff to institute administrative proceedings;

    (2) if according to the law both parties have on a voluntary basis

    reached a written agreement to submit their contract dispute to an

    arbitral organ for arbitration they may not institute legal proceedings

    in a people's court. The people's court shall advise the plaintiff to

    apply to the arbitral organ for arbitration;

    (3) in case of disputes which according to the law shall be dealt with

    by other organs the people's court shall advise the plaintiff to apply to

    the relevant organ for settlement;

    (4) with respect to cases that are not under its jurisdiction the

    people's court shall advise the plaintiff to bring a lawsuit in the

    competent people's court;

    (5) with respect to cases in which a judgmentorder has already taken

    legal effect but either party brings a suit again the people's court

    shall advise that party to file an appeal instead except when the order

    of the people's court is one that permits the withdrawal of a suit;

    (6) with respect to an action that may not be filed within a specified

    period according to the law it shall not be entertained if it is filed

    during that period.

    (7) in a divorce case in which a judgment has been made disallowing the

    divorcein which both parties have become reconciled after

    conciliationin a case concerning adoptive relationship in which a

    judgment has been madeconciliation has been successfully conducted to

    maintain the adoptive relation-ship if the plaintiff files a suit again

    within six months in the absence of any new developmentsnew reasons

    it shall not be entertained.

    Article 112

    When a people's court receives a statement of complaintan oral

    complaint finds after examination that it meets the requirements for

    acceptance the court shall place the case on the docket within seven days

    notify the parties concerned; if it does not meet the requirements for

    acceptance the court shall make an order within seven days to reject it.

    The plaintiff if not satisfied with the order may file an appeal.

    Section 2 Preparations for Trial

    Article 113

    The people's court shall send a copy of the statement of complaint to the

    defendant within five days after docketing the case the defendant

    shall file a defence within 15 days receipt of the copy of the

    statement of complaint. When the defendant files a defence the people's

    court shall send a copy of it to the plaintiff within five days its

    receipt. Failure by the defendant to file a defence shall not prevent the

    case being tried by the people's court.

    Article 114

    The people's court shall with respect to cases whose acceptance has been

    decided inform the parties in the notification of acceptance in the

    notification calling for responses to the action of their relevant

    litigation rights obligations of which the parties may likewise be

    informed orally.

    Article 115

    The parties shall be notified within three days after the members of the

    collegial panel are determined.

    Article 116

    The judicial officers must carefully examine verify the case materials

    carry out investigations collection of necessary evidence.

    Article 117

    The personnel sent by a people's court to conduct investigations shall

    produce their credentials before the person to be investigated.

    The written record of an investigation shall be checked by the person

    investigated then signedsealed by both the investigator the

    investigated.

    Article 118

    A people's court may when necessary entrust a people's court in another

    locality with the investigations.

    The entrusting people's court shall clearly set out the matters for

    requirements of the entrusted investigations. The entrusted people's court

    may on its own initiative conduct supplementary investigations.

    The entrusted people's court shall complete the investigations within 30

    days after receiving the commission in writing. If for some reason it

    cannot complete the investigations the said people's court shall notify

    the entrusting people's court in writing within the above-mentioned time

    limit.

    Article 119

    If a party who must participate in a joint action fails to participate in

    the proceedings the people's court shall notify him to participate.

    Section 3 Trial in Court

    Article 120

    Civil cases shall be tried in public except for those that involve State

    secretspersonal privacyare to be tried otherwise as provided by

    the law.

    A divorce casea case involving trade secrets may not be heard in

    public if a party so requests.

    Article 121

    For civil cases the people's court shall whenever necessary go on

    circuit to hold trials on the spot.

    Article 122

    For civil cases the people's court shall notify the parties other

    participants in the proceedings three days before the opening of a court

    session. If a case is to be tried in public the names of the parties the

    cause of action the time location of the court session shall be

    announced publicly.

    Article 123

    Before a court session is called to order the court clerk shall ascertain

    whethernot the parties other participants in the proceedings are

    present announce the rules of order of the court.

    At the beginning of a court session the presiding judge shall check the

    parties present announce the cause of action the names of the

    judicial officers court clerks inform the parties of their relevant

    litigation rights obligations ask the parties whethernot they

    wish to apply for the withdrawal of any court personnel.

    Article 124

    Court investigation shall be conducted in the following order:

    (1) statements by the parties;

    (2) informing the witnesses of their rights obligations giving

    testimony by the witnesses reading of the written statements of

    absentee witnesses;

    (3) presentation of documentary evidence material evidence

    audio-visual material;

    (4) reading of expert conclusions;

    (5) reading of records of inspection.

    Article 125

    The parties may present new evidence during a court session.

    With the permission of the court the parties may put questions to

    witnesses expert witnesses inspectors.

    Any request by the parties concerned for a new investigation expert

    evaluationinspection shall be subject to the approval of the people's

    court.

    Article 126

    Additional claims by the plaintiff counterclaims by the defendant

    third-party claims related to the case may be tried in combination.

    Article 127

    Court debate shall be conducted in the following order:

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

    (2) defence by the defendant his agents ad litem;

    (3) oral statementdefence by the third party his agents ad litem;

    (4) debate between the two sides.

    At the end of the court debate the presiding judge shall ask each side

    first the plaintiff then the defendant then the third party for

    their final opinion respectively.

    Article 128

    At the end of the court debate a judgment shall be made according to the

    law. Where conciliation is possible prior to the rendering of a judgment

    conciliation efforts may be made; if conciliation proves to be

    unsuccessful a judgment shall be made without delay.

    Article 129

    If a plaintiff having been served with a summons refuses to appear in

    court without justified reasonsif he withdraws during a court session

    without the permission of the court the case may be considered as

    withdrawn by him; if the defendant files a counterclaim in the mean time

    the court may make a judgment by default.

    Article 130

    If a defendant having been served with a summons refuses to appear in

    court without justified reasonsif he withdraws during a court session

    without the permission of the court the court may make a judgment by

    default.

    Article 131

    If a plaintiff applies for withdrawal of the case before the judgment is

    pronounced the people's court shall decide whether to approve or

    disapprove it. If withdrawal of the case is not allowed by an order of the

    people's court the plaintiff having been served with a summons

    refuses to appear in court without justified reasons the people's court

    may make a judgment by default.

    Article 132

    Under any of the following circumstances the trial may be adjourned:

    (1) the parties concerned other participants in the proceedings

    required to appear in court fail to do so for justified reasons;

    (2) any party concerned makes an extempore application for the withdrawal

    of a judicial officer; or

    (3) it is necessary to summon new witnesses to court collect new

    evidence make a new expert evaluation new inspectionto make a

    supplementary investigation; or

    (4) other circumstances that warrant the adjournment.

    Article 133

    The court clerk shall make a written record of the entire court

    proceedings which shall be signed by him the judicial officers.

    The court record shall be read out in courtelse the parties other

    participants in the proceedings may be notified to read the record while

    in courtwithin five days. If they consider that there are omissions or

    errors in the record of their own statements the partiesother

    participants in the proceedings shall have the right to apply for

    rectifications. If such rectifications are not made the application shall

    be placed on record in the case file.

    The court record shall be signedsealed by the parties other

    participants in the proceedings. Refusal to do so shall be put on record

    in the case file.

    Article 134

    The people's court shall publicly pronounce its judgment in all cases

    whether publicly triednot.

    If a judgment is pronounced in court the written judgment shall be issued

    delivered within ten days; if a judgment is pronounced later on a

    fixed date the written judgment shall be issued given immediately

    after the pronouncement.

    Upon pronouncement of a judgment the parties concerned must be informed

    of their right to file an appeal the time limit for appeal the court

    to which they may appeal.

    Upon pronouncement of a divorce judgment the parties concerned must be

    informed not to remarry before the judgment takes legal effect.

    Article 135

    A people's court trying a case in which the ordinary procedure is

    followed shall conclude the case within six months after docketing the

    case. Where an extension of the period is necessary under special

    circumstances a six-month extension may be allowed subject to the

    approval of the president of the court. Further extension if needed

    shall be reported to the people's court at a higher level for approval.

    Section 4 Suspension Termination of Legal Proceedings

    Article 136

    Legal proceedings shall be suspended in any of the following

    circumstances:

    (1) one of the parties dies it is necessary to wait for the heir or

    heiress to make clear whether to participatenot in the proceedings;

    (2) one of the parties has lost the capacity to engage in litigation

    his agent ad item has not been designated yet;

    (3) the legal personany other organization as one of the parties has

    dissolved the successor to its rights obligations has not been

    determined yet;

    (4) one of the parties is unable to participate in the proceedings for

    reasons of force majeure;

    (5) the adjudication of the case pending is dependent on the results of

    the trial of another case that has not yet been concluded; or

    (6) other circumstances that warrant the suspension of the litigation.

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

    eliminated.

    Article 137

    Legal proceedings shall be terminated in any of the following

    circumstances:

    (1) the plaintiff dies without a successorthe successor waives the

    right to litigate;

    (2) the decedent leaves no estate nor anyone to succeed to his

    obligations;

    (3) one of the parties in a divorce case dies; or

    (4) one of the parties dies who is a claimant to alimony support for

    elderschildrento the termination of adoptive relationship.

    Section 5 Judgment Order

    Article 138

    A judgment shall clearly set forth the following:

    (1) cause of action the claims facts causecauses of the dispute;

    (2) the facts causes as found in the judgment the basis of

    application of the law;

    (3) the outcome of adjudication the costs to be borne;

    (4) the time limit for filing an appeal the appellate court with which

    the appeal may be filed.

    The judgment shall be signed by the judicial officers the court clerk

    with the seal of the people's court affixed to it.

    Article 139

    If some of the facts in a case being tried by the people's court are

    already evident the court may pass judgment on that part of the case

    first.

    Article 140

    An order in writing is to be made in any of the following conditions:

    (1) refusal to entertain a case;

    (2) objection to the jurisdiction of a court;

    (3) rejection of a complaint;

    (4) property preservation advance execution;

    (5) approvaldisapproval of withdrawal of a suit;

    (6) suspensiontermination of legal proceedings;

    (7) correction of errata in the judgment;

    (8) suspensiontermination of execution;

    (9) refusal to enforce an arbitration award;

    (10) refusal to enforce a document of a notary office evidencing the

    rights of a creditor entitling him to its compulsory execution;

    (11) other matters to be decided in the form of an order in writing.

    An appeal may be lodged against an order in writing in Items (1) (2)

    (3) mentioned above.

    An order in writing shall be signed by the judicial officers the court

    clerk with the seal of the people's court affixed to it. If it is issued

    orally the order shall be entered in the record.

    Article 141

    All judgments written orders of the Supreme People's Court as well as

    judgments written orders that may not be appealed against according to

    the lawthat have not been appealed against within the prescribed time

    limit shall be legally effective.

     

     

    Chapter XIII Summary Procedure

     

     

    Article 142

    When trying simple civil cases in which the facts are evident the rights

    obligations clear the disputes trivial in character the basic

    people's courts the tribunals dispatched by them shall apply the

    provisions of this Chapter.

    Article 143

    In simple civil cases the plaintiff may lodge his complaint orally.

    The two parties concerned may at the same time come before a basic

    people's courta tribunal dispatched by it for a solution of their

    dispute. The basic people's courtthe tribunal it dispatched may try

    the case immediatelyset a date for the trial.

    Article 144

    In trying a simple civil case the basic people's courtthe tribunal

    dispatched by it may use simplified methods to summon at any time the

    parties witnesses.

    Article 145

    Simple civil cases shall be tried by a single judge alone the trial of

    such cases shall not be bound by the provisions of Articles 122 124

    127 of this Law.

    Article 146

    The people's court trying a case in which summary procedure is followed

    shall conclude the case within three months after placing the case on the

    docket.

     

    (國際貿易法律網http://www.quotestudio.net

     

     

    Chapter XIV Procedure of Second Instance

     

     

    Article 147

    If a party refuses to accept a judgment of first instance of a local

    people's court he shall have the right to file an appeal with the

    people's court at the next higher level within 15 days after the date on

    which the written judgment was served.

    If a party refuses to accept a written order of first instance of a local

    people's court he shall have the right to file an appeal with a people's

    court at the next higher level within 10 days after the date on which the

    written order was served.

    Article 148

    For filing an appeal a petition for the purpose shall be submitted. The

    content of the appeal petition shall include the names of the parties the

    names of the legal persons their legal representativesnames of

    other organizations their principal heads; the name of the people's

    court the case was originally tried; file number of the case the

    cause of action; the claims of the appeal the reasons.

    Article 149

    The appeal petition shall be submitted through the people's court which

    originally tried the case copies of it shall be provided according to

    the number of persons in the other partyof the representatives

    thereof.

    If a party appeals directly to a people's court of second instance the

    said court shall within five days transmit the appeal petition to the

    people's court which originally tried the case.

    Article 150

    The people's court which originally tried the case shall within five days

    after receiving the appeal petition serve a copy of it on the other

    party who shall submit his defence within 15 days the receipt of

    such copy. The people's court shall within five days after receiving the

    defence serve a copy of it on the appellant. Failure by the other party

    to submit a defence shall not prevent the case being tried by the

    people's court.

    After receiving the appeal petition the defence the people's court

    which originally tried the case shall within five days deliver them

    together with the entire case file evidence to the people's court of

    second instance.

    Article 151

    With respect to an appealed case the people's court of second instance

    shall review the relevant facts the application of the law.

    Article 152

    With respect to a case on appeal the people's court of second instance

    shall form a collegial panel to conduct the trial. After verification of

    the facts of the case through consulting the files making investigations

    questioning the parties if the collegial panel considers that it is

    not necessary to conduct a trial it may make a judgmenta written

    order directly.

    The people's court of second instance may try a case on appeal at its own

    sitein the place the case originated the people's court

    which originally tried the case is located.

    Article 153

    After trying a case on appeal the people's court of second instance

    shall in the light of the following situations dispose of it

    accordingly:

    (1) if the facts were clearly ascertained the law was correctly

    applied in the original judgment the appeal shall be rejected in the form

    of a judgment the original judgment shall be affirmed;

    (2) if the application of the law was incorrect in the original judgment

    the said judgment shall be amended according to the law;

    (3) if in the original judgment the facts were incorrectlynot clearly

    ascertained the evidence was insufficient the people's court of

    second instance shall make a written order to set aside the judgment

    rem to case to the original people's court for retrialthe people's

    court of second instance may amend the judgment after investigating

    clarifying the facts; or

    (4) if there was violation of legal procedure in making the original

    judgment which may have affected correct adjudication the judgment shall

    be set aside by a written order the case remed to the original

    people's court for retrial. The parties concerned may appeal against the

    judgmentwritten order rendered in a retrial of their case.

    Article 154

    The people's court of second instance shall decide in the form of orders

    in writing all cases of appeal against the written orders made by the

    people's court of first instance.

    Article 155

    In dealing with a case on appeal a people's court of second instance may

    conduct conciliation. If an agreement is reached through conciliation a

    conciliation statement shall be made signed by the judicial officers

    the court clerk with the seal of the people's court affixed to it.

    After the conciliation statement has been served the original judgment of

    the lower court shall be deemed as set aside.

    Article 156

    If an appellant applies for withdrawal of his appeal before a people's

    court of second instance pronounces its judgment the court shall decide

    whether to approve the applicationnot.

    Article 157

    In the trial of a case on appeal the people's court of second instance

    shall apart observing the provisions of this Chapter follow the

    ordinary procedure for trials of first instance.

    Article 158

    he judgment the written order of a people's court of second instance

    shall be final.

    Article 159

    The people's court trying a case on appeal shall conclude the case within

    three months after docketing the case. Any extension of the period

    necessitated by special circumstances shall be subject to the approval of

    the president of the court.

    The people's court trying a case on appeal against a written order shall

    within 30 days after docketing the case for second instance trial make a

    written order which is final.

     

     

    Chapter XV Special Procedure

     

     

    Section 1 General Provisions

    Article 160

    When the people's courts try cases concerning the qualification of voters

    the declaration of a person as missingdead the adjudgment of legal

    incapacityrestricted legal capacity of a citizen the adjudgment of

    a property as ownerless the provisions of this Chapter shall apply. For

    matters not covered in this Chapter the relevant provisions of this Law

    other laws shall apply .

    Article 161

    In cases tried in accordance with the procedure provided in this Chapter

    the judgment of first instance shall be final . A collegial panel of

    judges shall be formed for the trial of any case in involving the

    qualification of votersof any major difficultcomplicated case;

    other cases shall be tried by a single judge alone.

    Article 162

    If a people's court while trying a case in accordance with the procedure

    provided in this Chapter finds that the case involves a civil dispute

    over rights interests it shall make a written order to terminate the

    special procedure inform the interested parties to otherwise institute

    action.

    Article 163

    A people's court trying a case in which special procedure is followed

    shall conclude the case within 30 days after placing the case on the

    docketwithin 30 days after expiration of the period stated in the

    public notice. Any extension of the time limit necessitated by special

    circumstances shall be subject to the approval of the president of the

    court excepting however a case concerning the qualification of voters.

    Section 2 Cases Concerning the Qualification of Voters

    Article 164

    If a citizen refuses to accept an election committee's decision on an

    appeal concerning his voting qualification he may five days before the

    election day bring a suit in the basic people's court located in the

    electoral district.

    Article 165

    After entertaining a case concerning voting qualification a people's

    court must conclude the trial before the election day.

    The party who brings the suit the representative of the election

    committee other citizens concerned must participate in the

    proceedings.

    The written judgment of the people's court shall be served on the election

    committee the party who brings the suit before the election day; other

    citizens concerned shall be notified of the judgment.

    Section 3 Cases Concerning the Declaration of a Person as MissingDead

    Article 166

    With respect to a citizen whose abouts are unknown for two years in

    full if the interested party applies for declaring the person as missing

    the application shall be filed with the basic people's court in the

    locality the missing person has his domicile.

    The application shall clearly state the facts time of the

    disappearance of the person missing as well as the motion; documentary

    evidence a public security organother relevant organs concerning

    the disappearance of the citizen shall be appended to the application.

    Article 167

    With respect to a citizen whose abouts are unknown for four years in

    fullwhose abouts are unknown for two years in full after an

    accident in which he was involvedwith respect to a citizen whose

    abouts are unknown after such an accident upon proof furnished

    by the relevant authorities that it is impossible for him to survive if

    the interested party applies for declaring such person as dead the

    application shall be filed with the basic people's court in the locality

    the missing person has his domicile.

    The application shall clearly state the facts time of the

    disappearance as well as the motion; documentary evidence a public

    security organother relevant organs concerning the disappearance of

    the citizen shall be appended to the application.

    Article 168

    After entertaining a case concerning the declaration of a person as

    missingdead the people's court shall issue a public notice in search

    of the person missing. The period of the public notice for declaring a

    person as missing shall be three months that for declaring a person

    as dead shall be one year. Where a citizen's abouts are unknown after

    an accident in which he was involved upon proof furnished by the

    relevant authorities that it is impossible for him to survive the period

    of the public notice for proclaiming such person as dead shall be three

    months.

    On the expiration of the period of the public notice the people's court

    shall depending on whether the fact of the missingdeath of the person

    has been confirmed make a judgment declaring the person missingdead

    or make a judgment rejecting the application.

    Article 169

    If a person who has been declared missingdead by a people's court

    reappears the people's court shall upon the application of that person

    or of an interested party make a new judgment annul the previous one.

    Section 4 Cases Concerning the Adjudgment of Legal Incapacity or

    Restricted Legal Capacity of Citizens

    Article 170

    An application for adjudgment of legal incapacityrestricted legal

    capacity of a citizen shall be filed by the citizen's near relatives or

    any other interested party with the basic people's court in the locality

    the citizen has his domicile.

    The application shall clearly state the fact grounds of the citizen's

    legal incapacityrestricted legal capacity.

    Article 171

    After accepting such an application the people's court shall when

    necessary have an expert evaluation of the citizen of whom the

    determination of legal incapacityrestricted legal capacity is sought;

    if the applicant has already provided an evaluation conclusion the

    people's court shall examine such conclusion.

    Article 172

    In the trial by the people's court of a case for the determination of

    legal incapacityrestricted legal capacity of a citizen a near

    relative of the citizen shall be his agent the applicant being excluded.

    If the near relatives of the citizen shift responsibility onto one

    another the people's court shall appoint one of them as agent for the

    citizen. If the citizen's condition of health permits the people's court

    shall also seek the opinion of the citizen on the matter.

    If through the trial the people's court finds that the application is

    based on facts a judgment of legal incapacityrestricted legal

    capacity of the citizen shall be made; if the court finds that the

    application is not based on facts it shall make a judgment rejecting the

    application.

    Article 173

    If upon the application of a person who has been determined as one of

    legal incapacityrestricted legal capacityupon the application of

    his guardian the people's court confirms that the causes of that person's

    legal incapacityrestricted legal capacity have been eliminated a new

    judgment shall be made annulling the previous one.

    Section 5 Cases Concerning the Determination of a Property as Ownerless

    Article 174

    An application for determining a property as ownerless shall be filed by a

    citizen legal personany other organization with the basic people's

    court in the place the property is located.

    The application shall clearly state the type quantity of the property

    the grounds on which the application for determining the property as

    ownerless is filed.

    Article 175

    The people's court shall after accepting such an application upon

    examination verification of it issue a public notice calling on the

    owner to claim the property. If no one claims the property one year after

    the issue of the public notice the people's court shall make a judgment

    determining the property as ownerless turn it over to the Statethe

    collective concerned.

    Article 176

    If after a property has been determined by a judgment as ownerless the

    owner of the propertyhis successor appears such a person may file a

    claim for the property within the period of limitation specified in the

    General Principles of the Civil Law. The people's court shall after

    examination verification of the claim make a new judgment annulling

    the previous one.

     

     

    Chapter XVI Procedure for Trial Supervision

     

     

    Article 177

    If the president of a people's court at any level finds definite error in

    a legally effective judgmentwritten order of his court deems it

    necessary to have the case retried he shall refer it to the judicial

    committee for discussion decision.

    If the Supreme People's Court finds definite error in a legally effective

    judgementwritten order of a local people's court at any levelif a

    people's court at a higher level finds some definite error in a legally

    effective judgmentwritten order of a people's court at a lower level

    it shall respectively have the power to bring the case up for trial by

    itselfdirect the people's court at a lower level to conduct a retrial.

    Article 178

    If a party to an action considers that there is error in a legally

    effective judgmentwritten order he may apply to the people's court

    which originally tried the caseto a people's court at the next higher

    level for a retrial; however execution of the judgmentorder shall not

    be suspended.

    Article 179

    If an application made by a party meets any of the following conditions

    the people's court shall retry the case:

    (1) there is sufficient new evidence to set aside the original judgment or

    written order;

    (2) the main evidence on which the facts were ascertained in the original

    judgmentwritten order was insufficient;

    (3) there was definite error in the application of the law in the original

    judgmentwritten order;

    (4) there was violation by the people's court of the legal procedure which

    may have affected the correctness of the judgmentwritten order in the

    case; or

    (5) the judicial officers have committed embezzlement accepted bribes

    done malpractices for personal benefits perverted the law in the

    adjudication of the case.

    The people's court shall reject the application that meets none of the

    conditions specified above.

    Article 180

    With respect to a legally effective conciliation statement if evidence

    furnished by a party proves that the conciliation violates the principle

    of voluntarinessthat the content of the conciliation agreement

    violates the law the party may apply for a retrial. If the foregoing

    proves true after its examination the people's court shall retry the

    case.

    Article 181

    With respect to a legally effective judgment on dissolution of marriage

    neither of the two parties shall apply for a retrial.

    Article 182

    Application for a retrial made by a party must be submitted within two

    years after the judgmentwritten order becomes legally effective.

    Article 183

    When a decision is made to retry a case in accordance with the procedure

    for trial supervision the execution of the original judgment shall be

    suspended by a written order which shall be signed by the president of the

    court with the seal of the people's court affixed to it.

    Article 184

    With respect to a case pending retrial by a people's court in accordance

    with the procedure for trial supervision if the legally effective

    judgmentwritten order was made by a court of first instance the case

    shall be tried in accordance with the procedure of first instance the

    parties concerned may appeal against the new judgmentorder; if the

    legally effective judgmentwritten order was made by a court of second

    instance the case shall be tried in accordance with the procedure of

    second instance the new judgmentwritten order shall be legally

    effective; if it is a case which was brought up for trial by a people's

    court at a higher level it shall be tried in accordance with the

    procedure of second instance the new judgmentwritten order shall

    be legally effective.

    The people's court shall form a new collegial panel for the purpose of the

    retrial.

    Article 185

    If the Supreme People's Procuratorate finds that a legally effective

    judgmentwritten order made by a people's court at any level involves

    any of the following circumstancesif a people's procuratorate at a

    higher level finds that a legally effective judgmentwritten order made

    by a people's court at a lower level involves any of the following

    circumstances the Supreme People's Procuratoratethe people's

    procuratorate at a higher level shall respectively lodge a protest in

    accordance with the procedure for trial supervision:

    (1) the main evidence for ascertaining the facts in the previous judgment

    or written order was insufficient;

    (2) there was a definite error in the application of the law in the

    previous judgmentwritten order;

    (3) there was violation by the people's court of the legal procedure which

    may have affected the correctness of the judgmentwritten order; or

    (4) the judicial officers have committed embezzlement accepted bribes

    done malpractice for personal benefits perverted the law in the trial

    of the case. If a local people's procuratorate at any level finds that a

    legally effective judgmentwritten order made by a people's court at

    the corresponding level involves any of the circumstances specified above

    it shall refer the matter to the people's procuratorate at a higher level

    with the request that a protest be lodged by the latter in accordance with

    the procedure for trial supervision.

    Article 186

    Cases in which protest was made by the people's procuratorate shall be

    retried by the people's court.

    Article 187

    When a people's procuratorate decides to lodge a protest against a

    judgmentwritten order made by a people's court it shall make the

    protest in writing.

    Article 188

    The people's court shall in retrying a case in which protest was lodged

    by a people's procuratorate notify the procuratorate to send

    representatives to attend the court session.

     

     

    Chapter XVII Procedure for Hastening Debt Recovery

     

     

    Article 189

    When a creditor requests payment of a pecuniary debtrecovery of

    negotiable instruments a debtor he may if the following

    requirements are met apply to the basic people's court that has

    jurisdiction for an order of payment:

    (1) no other debt disputes exist between the creditor the debtor;

    (2) the order of payment can be served on the debtor.

    The application shall clearly state the requested amount of moneyof

    the negotiable instruments the facts evidence on the basis of

    which the application is made.

    Article 190

    After the creditor has submitted his application the people's court shall

    within five days inform the creditor whether it accepts the application or

    not.

    Article 191

    After accepting the application upon examination of the facts

    evidence provided by the creditor the people's court shall if the rights

    obligations relationship between the creditor the debtor is clear

    legitimate issue within 15 days after accepting the application an

    order of payment to the debtor; if the application is unfounded the

    people's court shall make an order to reject it.

    The debtor shall within 15 days after receipt of the order of payment

    clear off his debtssubmit to the people's court his dissent in

    writing.

    If the debtor has neither dissented nor complied with the order of

    payment within the period specified in the preceding paragraph the

    creditor may apply to the people's court for execution.

    Article 192

    The people's court shall on receiving the dissent in writing submitted by

    the debtor make an order to terminate the procedure for hastening debt

    recovery the order of payment shall of itself be invalidated. The

    creditor may bring an action in the people's court.

     

     

    Chapter XVIII Procedure for Publicizing Public Notice for Assertion of Claims

     

     

    Article 193

    Any holder of a bill transferable by endorsement according to the law may

    if the bill is stolen lostdestroyed apply to the basic people's

    court of the place the bill is to be paid for publication of public

    notice for assertion of claims. The provisions of this Chapter shall apply

    to other matters for which according to the law an application for

    publication of a public notice for assertion of claims may be made.

    The applicant shall submit to the people's court an application which

    clearly states the main contents of the bill such as the face amount the

    drawer the holder the endorser the facts reasons in respect of

    the application.

    Article 194

    The people's court shall upon deciding to accept the application notify

    the payor concerned in the meantime to suspend the payment shall

    within three days issue a public notice for the interested parties to

    assert their rights. The period of the public notice shall be decided at

    the discretion of the people's court; however it shall not be less than

    60 days.

    Article 195

    The payor shall upon receiving the notification by the people's court to

    suspend the payment do so accordingly till the conclusion of the

    procedure for publicizing a public notice for assertion of claims.

    Within the period of the public notice assignment of rights on the bill

    shall be void.

    Article 196

    Interested partyparties as claimants shall report their claims to the

    people's court within the period of the public notice.

    After receiving the report on the claims by interested partyparties

    the people's court shall make a written order to terminate the procedure

    for publicizing public notice for assertion of claims notify the

    applicant the payor.

    The applicantthe claimants may bring an action in the people's court.

    Article 197

    If no claim is asserted the people's court shall make a judgment on the

    basis of the application to declare the bill in question null void.

    The judgment shall be published the payor notified accordingly. As of

    the date of publication of the judgment the applicant shall be entitled

    to payment by the payor.

    Article 198

    If an interested party for justified reasons was unable to submit his

    claim to the people's court before the judgment is made he may within

    one year after the day he knowsshould know the publication of the

    judgment bring an action in the people's court which has made the

    judgment.

     

     

    Chapter XIX Procedure for Bankruptcy Debt Repayment of Legal Person Enterprises

     

     

    Article 199

    If a legal person enterprise has suffered serious losses is unable to

    repay the debts at maturity the creditors may apply to a people's court

    for declaring the debtor bankrupt for debts to be repaid; the debtor may

    likewise apply to a people's court for declaring bankruptcy for debts to

    be repaid.

    Article 200

    After making an order to declare the initiation of the bankruptcy debt

    repayment proceedings the people's court shall notify the debtor the

    known creditors within ten days also make a public announcement.

    Creditors who have been notified shall within 30 days after receiving the

    notice those who have not been notified shall within three months

    after the date of the announcement lodge their claims with the people's

    court. Creditors who fail to lodge their claims during the respective

    periods shall be deemed to have aboned their rights.

    Creditors may organize a creditors' meeting to discuss approve of a

    formula for the disposition distribution of bankrupt propertyfor

    a composition agreement.

    Article 201

    The people's court may appoint a liquidation commission formed by relevant

    state organs persons concerned. The liquidation commission shall take

    charge of the custody of the bankrupt property its liquidation

    assessment disposition distribution. The liquidation commission may

    also engage in necessary activities of a civil nature according to the

    law.

    The liquidation commission shall be responsible report its work to the

    people's court.

    Article 202

    If the legal person enterprise the creditors reach a composition

    agreement the people's court shall after approving the agreement make a

    public announcement of it terminate the bankruptcy debt repayment

    proceedings. The composition agreement shall be legally effective as of

    the date of the public announcement.

    Article 203

    With respect to the property mortgagedotherwise used as security for

    bank loansother obligations the bank other creditors shall have

    priority in the repayment of debts as regards the property mortgaged or

    used as security for other kinds of obligations. If the money value of the

    property mortgagedused as security for other kinds of obligations

    exceeds the amount of loans secured the surplus shall go to the bankrupt

    property for debt repayment.

    Article 204

    After deduction of bankruptcy proceedings expenses the bankrupt

    property first repayment shall be made in the following order of

    priority:

    (1) wages salaries of staff workers labour insurance expenses

    that are owned by the bankrupt enterprise;

    (2) taxes owed by the bankrupt enterprise;

    (3) claims by creditors in the bankruptcy proceedings.

    Where the bankrupt property is insufficient to meet the repayment claims

    of the same order of priority it shall be distributed on a pro-rata

    basis.

    Article 205

    The debt repayment of a bankrupt legal person enterprise shall be under

    the jurisdiction of the people's court of the place the legal person

    enterprise is located.

    Article 206

    The provisions of the Law of the People's Republic of China on Enterprise

    Bankruptcy shall apply to bankruptcy debt repayment of enterprises

    owned by the whole people.

    The provisions of this Chapter shall not apply to non-legal person

    enterprises individual businesses leaseholding farm households

    partnerships by private individuals.

     

     

    PART THREE PROCEDURE OF EXECUTION

     

     

     

     

    Chapter XX General Provisions

     

    (國際貿易法律網http://www.quotestudio.net

     

     

    Article 207

    Legally effective judgmentswritten orders in civil cases as well as

    the paeral Provisions

    Article 207

    Legally effective judgmentswritten orders in civil cases as well as

    the parts of judgmentswritten orders that relate to property in

    criminal cases shall be executed by the people's court of first instance.

    Other legal documents which are to be executed by a people's court as

    prescribed by the law shall be executed by the people's court of the place

    the person subjected to execution has his domicile the

    property subject to execution is located.

    Article 208

    If in the course of execution an outsider raises an objection with

    respect to the object subjected to execution the execution officer shall

    examine the objection in accordance with the procedure prescribed by the

    law. If the reasons for the objection are untenable the objection shall

    be rejected; if otherwise execution shall be suspended with the approval

    of the president of the court. If definite error is found in the judgment

    or the written order it shall be dealt with in accordance with the

    procedure for trial supervision.

    Article 209

    Execution work shall be carried out by the execution officer.

    When carrying out a compulsory execution measure the execution officer

    shall produce his credentials. After the execution is completed the

    execution officer shall make a record of the particulars of the execution

    have it signedsealed by the persons concerned on the scene.

    The basic people's court the intermediate people's court may when

    necessary establish execution organs whose functions shall be defined by

    the Supreme People's Court.

    Article 210

    If a personproperty subjected to execution is in another locality the

    people's court in that locality may be entrusted with the carrying out of

    the execution. The entrusted people's court shall begin the execution

    within 15 days after receiving a letter of entrustment shall not

    refuse to do so. After the execution has been completed the entrusted

    people's court shall promptly inform the entrusting people's court by

    letter of the result of the execution. If the execution has not been

    completed within 30 days the entrusted people's court shall also inform

    the entrusting people's court by letter of the particulars of the

    execution.

    If the entrusted people's court does not carry out the execution within 15

    days after receiving the letter of entrustment the entrusting people's

    court may request the people's court at a higher level over the entrusted

    people's court to instruct the entrusted people's court to carry out the

    execution.

    Article 211

    If in the course of execution the two parties become reconciled reach

    a settlement agreement on their own initiative the execution officer

    shall make a record of the contents of the agreement both parties

    shall affix their signaturesseals to the record.

    If either party fails to fulfil the settlement agreement the people's

    court may at the request of the other party resume the execution of the

    legal document which was originally effective.

    Article 212

    In the course of execution if the person subjected to execution provides

    a guaranty the people's court may with the consent of the person who has

    applied for execution decide on the suspension of the execution the

    time limit for such suspension. If the person subjected to execution still

    fails to perform his obligations after the time limit the people's court

    shall have the power to execute the property he provided as security or

    the property of the guarantor.

    Article 213

    If the citizen subjected to execution dies his debts shall be paid off

    the deceased estate; if a legal personany other organization

    subjected to execution dissolves the party that succeeds to its rights

    obligations shall fulfil the obligations.

    Article 214

    After the completion of execution if definite error is found in the

    executed judgment written orderother legal documents resulting in the

    annulment of such judgment orderlegal documents by the people's

    court the said court shall with respect to the property which has been

    executed make a written order that persons who have obtained the property

    shall return it. In the event of refusal to return such property

    compulsory execution shall be carried out.

    Article 215

    The provisions of this Part shall be applicable to the execution of the

    conciliation statement as drawn up by the people's court.

     

     

    Chapter XXI Application for Execution Referral

     

     

    Article 216

    The parties concerned must comply with legally effective judgments or

    written orders in civil cases. If a party refuses to do so the other

    party may apply to the people's court for executionthe judge may

    refer the matter to the execution officer for enforcement.

    The parties concerned must comply with the conciliation statement

    other legal documents that are to be executed by the people's court. If a

    party refuses to do so the other party may apply to the people's court

    for enforcement.

    Article 217

    If a party fails to comply with an award of an arbitral organ established

    according to the law the other party may apply for execution to the

    people's court which has jurisdiction over the case. The people's court

    applied to shall enforce the award.

    If the party against whom the application is made furnishes proof that the

    arbitral award involves any of the following circumstances the people's

    court shall after examination verification by a collegial panel make

    a written order not to allow the enforcement:

    (1) the parties have had no arbitration clause in their contract nor have

    subsequently reached a written agreement on arbitration;

    (2) the matters dealt with by the award fall outside the scope of the

    arbitration agreementare matters which the arbitral organ has no power

    to arbitrate;

    (3) the composition of the arbitration tribunalthe procedure for

    arbitration contradicts the procedure prescribed by the law;

    (4) the main evidence for ascertaining the facts is insufficient;

    (5) there is definite error in the application of the law; or

    (6) the arbitrators have committed embezzlement accepted bribesdone

    malpractice for personal benefitsperverted the law in the arbitration

    of the case.

    If the people's court determines that the execution of the arbitral award

    is against the social public interest it shall make an order not to

    allow the execution.

    The above-mentioned written order shall be served on both parties the

    arbitral organ.

    If the execution of an arbitral award is disallowed by a written order of

    the people's court the parties may in accordance with a written

    agreement on arbitration reached between them apply for arbitration

    again; they may also bring an action in a people's court.

    Article 218

    If a party fails to comply with a document evidencing the creditor's

    rights made enforceable according to the law by a notary office the other

    party may apply to the people's court which has jurisdiction over the case

    for execution. The people's court applied to shall enforce such document.

    If the people's court finds definite error in the document of creditor's

    rights it shall make an order not to allow the execution serve the

    order on both parties concerned as well as the notary office.

    Article 219

    The time limit for the submission of an application for execution shall be

    one year if bothone of the parties are citizens; it shall be six

    months if both parties are legal personsother organizations.

    The above-mentioned time limit shall be calculated the last day of

    the period of performance specified by the legal document. If the legal

    document specifies performance in stages the time limit shall be

    calculated the last day of the period specified for each stage of

    performance.

    Article 220

    The execution officer shall after receiving the application for execution

    or the writ of referral directing execution send an execution notice to

    the person subjected to execution instructing him to comply within the

    specified time. If the person fails to comply accordingly compulsory

    execution shall be carried out.

     

     

    Chapter XXII Execution Measures

     

     

    Article 221

    If the person subjected to execution fails to fulfil according to the

    execution notice the obligations specified in the legal document the

    people's court shall be empowered to make inquiries with banks credit

    cooperativesother units that deal with savings deposit into the

    deposit accounts of the person subjected to execution shall be

    empowered to freezetransfer his deposits; however the inquiries

    freezingtransfer of the deposits shall not exceed the scope of the

    obligations to be fulfilled by the person subjected to execution.

    The people's court shall in deciding to freezetransfer a deposit

    make a written order issue a notice for assistance in execution.

    Banks credit cooperativesother units that deal with savings deposit

    must comply with it.

    Article 222

    If the person subjected to execution fails to fulfil according to the

    execution notice the obligations specified in the legal document the

    people's court shall be empowered to withholdwithdraw part of the

    income of the person subjected to execution for the fulfilment of his

    obligations. However it shall leave out the necessary living expenses for

    the person subjected to execution his dependant family members.

    The people's court shall when withholdingwithdrawing the income make

    a written order issue a notice for assistance in execution. The unit

    in which the person subjected to execution works banks credit

    cooperativesother units that deal with savings deposit must comply

    with the notice.

    Article 223

    If the person subjected to execution fails to fulfil according to the

    execution notice the obligations specified in the legal document the

    people's court shall be empowered to seal up distrain freeze sell by

    public auctionsell off part of the property of the person subjected

    to execution for the fulfilment of his obligations. However it shall

    leave out the necessaries of life for the person subjected to execution

    his dependant family members.

    The people's court shall make an order for the adoption of the measures

    specified in the preceding paragraph.

    Article 224

    When the people's court seals updistrains a property it shall if the

    person subjected to execution is a citizen notify himan adult member

    of his family to appear on the scene; if the party subjected to execution

    is a legal personany other organization it shall notify its legal

    representativesits principal heads to be present. Their refusal to

    appear on the scene shall not hinder the execution. If the person

    subjected to execution is a citizen his unitthe grass-roots

    organization of the place his property is located shall send a

    representative to attend the execution.

    An inventory of the sealed-updistrained property must be made by the

    execution officer after the inventory has been signedsealed by

    the persons on the scene a copy of it shall be given to the person

    subjected to execution. If the person subjected to execution is a citizen

    another copy may be given to an adult member of his family.

    Article 225

    The execution officer may commit the sealed-up property to the person

    subjected to execution for safekeeping the person shall be held

    responsible for any losses incurred due to his fault.

    Article 226

    After a property has been sealed updistrained the execution officer

    shall instruct the person subjected to execution to fulfil within the

    prescribed period the obligations specified in the legal document. If the

    person has not fulfilled his obligations upon expiration of the period

    the people's court may in accordance with the relevant legal provisions

    entrust the relevant units with selling by public auctionselling off

    the sealed-updistrained property. Articles which are prohibited

    free trading by the State shall be delivered to purchased by the

    relevant units at the price fixed by the State.

    Article 227

    If the person subjected to execution fails to fulfil his obligations

    specified in the legal document conceals his property the people's

    court shall be empowered to issue a search warrant search him his

    domicilethe place the property was concealed.

    In adopting the measure mentioned in the preceding paragraph the

    president of the people's court shall sign issue the search warrant.

    Article 228

    With respect to the propertynegotiable instruments specified for

    delivery in the legal document the execution officer shall summon both

    parties concerned deliver them in their presencethe execution

    officer may forward them to the recipient who shall sign give a

    receipt.

    Any unit concerned that has in possession the propertynegotiable

    instruments shall turn them over to the recipient in accordance with the

    notice of the people's court for assistance in execution the

    recipient shall sign give a receipt.

    If any citizen concerned has in possession the propertynegotiable

    instruments the people's court shall notify him to h them over. If he

    refuses to do so compulsory execution shall be carried out.

    Article 229

    Compulsory eviction a buildinga plot of l shall require a

    public notice signed issued by the president of a people's court

    instructing the person subjected to execution to comply within a specified

    period of time. If the person subjected to execution fails to do so upon

    the expiration of the period compulsory execution shall be carried out by

    the execution officer.

    When compulsory execution is being carried out if the person subjected to

    execution is a citizen the personan adult member of his family shall

    be notified to be present; if the party subjected to execution is a legal

    personany other organization its legal representativesprincipal

    heads shall be notified to be present; their refusal to be present shall

    not hinder the execution. If the person subjected to execution is a

    citizen his work unitthe grass-roots organization in the locality of

    the buildingthe plot of l shall send a representative for

    attendance. The execution officer shall make a record of the particulars

    of the compulsory execution with the signaturesseals of the persons

    on the scene affixed to it.

    The people's court shall assign personnel to transport the property

    removed in a compulsory eviction a building to a designated location

    turn it over to the person subjected to execution or if the person is

    a citizen to an adult member of his family; if any loss is incurred due

    to such person's refusal to accept the property the loss shall be borne

    by the person subjected to execution.

    Article 230

    In the course of execution if certain formalities for the transfer of

    certificates of property right need to be gone through the people's court

    may issue a notice for assistance in execution to the relevant units

    they must comply with it.

    Article 231

    If the person subjected to execution fails to perform acts specified in a

    judgementwritten orderany other legal document according to the

    execution notice the people's court may carry out compulsory execution or

    entrust the task to a relevant unitother persons the person

    subjected to execution shall bear the expenses thus incurred.

    Article 232

    If the person subjected to execution fails to fulfil his obligations with

    respect to pecuniary payment within the period specified by a judgment or

    written orderany other legal document he shall pay double interest on

    the debt for the belated payment. If the person subjected to execution

    fails to fulfil his other obligations within the period specified in the

    judgmentwritten orderany other legal document he shall pay a

    charge for the dilatory fulfilment.

    Article 233

    After the adoption of the execution measures stipulated in Articles 221

    222 223 of this Law if the person subjected to execution is still

    unable to repay the debts he shall continue to fulfil his obligations.

    If the creditor finds that the person subjected to execution has any other

    property he may at any time apply to the people's court for execution.

     

     

    Chapter XXIII Suspension Termination of Execution

     

     

    Article 234

    The people's court shall make a written order to suspend execution under

    any of the following circumstances:

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

    (2) an outsider raises an obviously reasonable objection to the object of

    the execution;

    (3) a citizen as one of the parties dies it is necessary to wait for

    the successor to inherit the rights of the deceasedto succeed to his

    obligations;

    (4) a legal personany other organization as one of the parties

    dissolves the party succeeding to its rights obligations has not

    been determined; or

    (5) other circumstances occur under which the people's court deems the

    suspension of execution necessary.

    Execution shall be resumed when the circumstances warranting the

    suspension of execution have disappeared.

    Article 235

    The people's court shall make a written order to terminate execution under

    any of the following circumstances:

    (1) the applicant has withdrawn his application;

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

    (3) the citizen subjected to execution dies there is no estate that

    may be subjected to execution nor anyone to succeed to his obligations;

    (4) the person entitled to claim alimonysupport for elderschildren

    dies;

    (5) the citizen subjected to execution is too badly off to repay his

    debts has no source of income has lost his ability to work as well;

    or

    (6) other circumstances occur under which the people's court deems the

    termination of execution necessary.

    Article 236

    A written order to suspendterminate execution shall become effective

    immediately after being served on the parties concerned.

     

     

    PART FOUR SPECIAL PROVISIONS FOR CIVIL PROCEDURE OF CASES INVO-LVING FOREIGN ELEMENT

     

     

    (國際貿易法律網http://www.quotestudio.net

     

     

     

    Chapter XXIV General Principles

     

     

    Article 237

    The provisions of this Part shall be applicable to civil proceedings

    within the territory of the People's Republic of China in regard to cases

    involving foreign element. Where it is not covered by the provisions of

    this Part other relevant provisions of this Law shall apply.

    Article 238

    If an international treaty concludedacceded to by the People's

    Republic of China contains provisions that differ provisions of this

    Law the provisions of the international treaty shall apply except those

    on which China has made reservations.

    Article 239

    Civil actions brought against a foreign national a foreign organization

    or an international organization that enjoys diplomatic privileges

    immunities shall be dealt with in accordance with the relevant law of the

    People's Republic of China the provisions of the international

    treaties concludedacceded to by the People's Republic of China.

    Article 240

    The people's court shall conduct trials of civil cases involving foreign

    element in the spoken written language commonly used in the People's

    Republic of China. Translation may be provided at the request of the

    parties concerned the expenses shall be borne by them.

    Article 241

    When foreign nationals stateless personsforeign enterprises

    organizations need lawyers as agents ad litem to bring an actionenter

    appearance on their behalf in the people's court they must appoint

    lawyers of the People's Republic of China.

    Article 242

    Any power of attorney mailedforwarded by other means outside the

    territory of the People's Republic of China by a foreign national

    stateless persona foreign enterprise organization that has no

    domicile in the People's Republic of China for the appointment of a lawyer

    or any other person of the People's Republic of China as an agent ad litem

    must be notarized by a notarial office in the country of domicile

    authenticated by the Chinese embassyconsulate accredited to that

    country or for the purpose of verification must go through the

    formalities stipulated in the relevant bilateral treaties between China

    that country before it becomes effective.

     

     

    Chapter XXV Jurisdiction

     

     

    Article 243

    In the case of an action concerning a contract disputeother disputes

    over property rights interests brought against a defendant who has no

    domicile within the territory of the People's Republic of China if the

    contract is signedperformed within the territory of the People's

    Republic of Chinaif the object of the action is located within the

    territory of the People's Republic of Chinaif the defendant has

    distrainable property within the territory of the People's Republic of

    Chinaif the defendant has its representative office within the

    territory of the People's Republic of China the people's court of the

    place the contract is signedperformed the object of

    the action is the defendant's distrainable property is located

    or the torts are done the defendant's representative

    office is located shall have jurisdiction.

    Article 244

    Parties to a dispute over a contract concluded with foreign element or

    over property rights interests involving foreign element may through

    written agreement choose the court of the place which has practical

    connections with the dispute to exercise jurisdiction. If a people's court

    of the People's Republic of China is chosen to exercise jurisdiction the

    provisions of this Law on jurisdiction by forum level on exclusive

    jurisdiction shall not be violated.

    Article 245

    If in a civil action in respect of a case involving foreign element the

    defendant raises no objection to the jurisdiction of a people's court

    responds to the action by making his defence he shall be deemed to have

    accepted that this people's court has jurisdiction over the case.

    Article 246

    Actions brought on disputes arising the performance of contracts for

    Chinese-foreign equity joint venturesChinese-foreign contractual

    joint venturesChinese-foreign cooperative exploration development

    of the natural resources in the People's Republic of China shall fall

    under the jurisdiction of the people's courts of the People's Republic of

    China.

     

     

    Chapter XXVI Service Time Periods

     

     

    Article 247

    A people's court may serve litigation documents on a party who has no

    domicile within the territory of the People's Republic of China in the

    following ways:

    (1) in the way specified in the international treaties concluded or

    acceded to by both the People's Republic of China the country

    the person on whom service is to be made resides;

    (2) by making the service through diplomatic channels;

    (3) with respect to the person on whom the service is to be made who

    is of the nationality of the People's Republic of China service may be

    entrusted to the embassyconsulate of the People's Republic of China

    accredited to the country the person resides;

    (4) by making the service on the agent ad litem who is authorized to

    receive the documents served;

    (5) by serving the documents on the representative office established in

    the People's Republic of China by the person on whom the service is to be

    madeon his branch officebusiness agents there who have the right

    to receive the documents;

    (6) by making service by mail if the law of the country the person

    on whom the service is to be made resides so permits; in the event that

    the receipt of delivery is not returned six months after the date on which

    the documents were mailed that circumstances justify the assumption

    that service has been made the service shall be deemed completed upon the

    expiration of the said time period;

    (7) by making service by public notice if none of the above-mentioned

    methods can be employed. The service shall be deemed completed six months

    after the date on which the public notice was issued.

    Article 248

    If a defendant has no domicile within the territory of the People's

    Republic of China the people's court shall serve a copy of the statement

    of complaint on the defendant notify him to submit his defence within

    30 days after he receives the copy of the statement of complaint.

    Extension of the period requested by the defendant shall be at the

    discretion of the people's court.

    Article 249

    If a party who has no domicile within the territory of the People's

    Republic of China is not satisfied with a judgmentwritten order made

    by a people's court of first instance he shall have the right to file an

    appeal within 30 days the date the written judgmentorder is

    served. The appellee shall submit his defence within 30 days after receipt

    of a copy of the appeal petition. If a party who is unable to file an

    appealsubmit a defence within the period prescribed by the law

    requests an extension of the period the people's court shall decide

    whether to grant it.

    Article 250

    The period for the trials of civil cases involving foreign element by the

    people's court shall not be restricted by the provisions of Articles 135

    159 of this Law.

     

     

    Chapter XXVII Property Preservation

     

     

    Article 251

    The parties to an action may in accordance with the provisions of Article

    92 of this Law apply to the people's court for property preservation.

    Interested parties may in accordance with the provisions of Article 93 of

    this Law apply to the people's court for property preservation before an

    action is brought.

    Article 252

    After a people's court makes an order granting property preservation

    before litigation the applicant shall bring an action within 30 days. If

    he fails to bring the action within the period the people's court shall

    cancel the property preservation.

    Article 253

    After the people's court makes an order granting property preservation if

    the party against whom the application is made provides a guaranty the

    people's court shall cancel the property preservation.

    Article 254

    If the application is wrongfully made the applicant shall compensate the

    party against whom the application is made for losses incurred the

    property preservation.

    Article 255

    If the property to be preserved by a people's court needs supervision the

    court shall notify the unit concerned to be responsible for the

    supervision the party against whom the application is made shall bear

    the expenses.

    Article 256

    The order to cancel the preservation issued by a people's court shall be

    carried out by an execution officer.

     

     

    Chapter XXVIII Arbitration

     

    (國際貿易法律網http://www.quotestudio.net

     

     

    Article 257

    In the case of a dispute arising the foreign economic trade

    transportmaritime activities of China if the parties have had an

    arbitration clause in the contract concernedhave subsequently reached

    a written arbitration agreement stipulating the submission of the dispute

    for arbitration to an arbitral organ in the People's Republic of China

    hling cases involving foreign elementto any other arbitral body

    they may not bring an action in a people's court. If the parties have not

    had an arbitration clause in the contract concernedhave not

    subsequently reached a written arbitration agreement they may bring an

    action in a people's court.

    Article 258

    If a party has applied for property preservation measures the arbitral

    organ of the People's Republic of China hling cases involving foreign

    element shall refer the party's application for a decision to the

    intermediate people's court of the place the party against whom the

    application is made has his domicile his property is located.

    Article 259

    In a case in which an award has been made by an arbitral organ of the

    People's Republic of China hling cases involving foreign element the

    parties may not bring an action in a people's court. If one party fails to

    comply with the arbitral award the other party may apply for its

    enforcement to the intermediate people's court of the place the

    party against whom the application for enforcement is made has his

    domicile his property is located.

    Article 260

    A people's court shall after examination verification by a collegial

    panel of the court make a written order not to allow the enforcement of

    the award rendered by an arbitral organ of the People's Republic of China

    hling cases involving foreign element if the party against whom the

    application for enforcement is made furnishes proof that:

    (1) the parties have not had an arbitration clause in the contracthave

    not subsequently reached a written arbitration agreement;

    (2) the party against whom the application for enforcement is made was not

    given notice for the appointment of an arbitratorfor the inception of

    the arbitration proceedingswas unable to present his case due to

    causes for which he is not responsible;

    (3) the composition of the arbitration tribunalthe procedure for

    arbitration was not in conformity with the rules of arbitration; or

    (4) the matters dealt with by the award fall outside the scope of the

    arbitration agreementwhich the arbitral organ was not empowered to

    arbitrate.

    If the people's court determines that the enforcement of the award goes

    against the social public interest of the country the people's court

    shall make a written order not to allow the enforcement of the arbitral

    award.

    Article 261

    If the enforcement of an arbitral award is disallowed by a written order

    of a people's court the parties may in accordance with a written

    arbitration agreement reached between them apply for arbitration again;

    they may also bring an action in a people's court.

     

     

    Chapter XXIX Judicial Assistance

     

     

    Article 262

    In accordance with the international treaties concludedacceded to by

    the People's Republic of Chinawith the principle of reciprocity the

    people's courts of China foreign courts may make mutual requests for

    assistance in the service of legal documents in investigation

    collection of evidencein other litigation actions.

    The people's court shall not render the assistance requested by a foreign

    court if it impairs the sovereignty securitysocial public

    interest of the People's Republic of China.

    Article 263

    The request for the providing of judicial assistance shall be effected

    through channels provided in the international treaties concluded or

    acceded to by the People's Republic of China; in the absence of such

    treaties they shall be effected through diplomatic channels.

    A foreign embassyconsulate accredited to the People's Republic of

    China may serve documents on its citizens make investigations

    collect evidence among them provided that the laws of the People's

    Republic of China are not violated no compulsory measures are taken.

    Except for the conditions provided in the preceding paragraph no foreign

    organizationindividual may without the consent of the competent

    authorities of the People's Republic of China serve documentsmake

    investigations collect evidence within the territory of the People's

    Republic of China.

    Article 264(國際貿易法律網http://www.quotestudio.net

     

     

    The letter of request for judicial assistance its annexes sent by a

    foreign court to a people's court shall be appended with a Chinese

    translationa text in any other languagelanguages specified in the

    relevant international treaties.

    The letter of request its annexes sent to a foreign court by a

    people's court for judicial assistance shall be appended with a

    translation in the language of that countrya text in any other

    languagelanguages specified in the relevant international treaties.

    Article 265

    The judicial assistance provided by the people's courts shall be rendered

    in accordance with the procedure prescribed by the laws of the People's

    Republic of China. If a special form of judicial assistance is requested

    by a foreign court it may also be rendered provided that the special

    form requested does not contradict the laws of the People's Republic of

    China.

    Article 266

    If a party applies for enforcement of a legally effective judgment or

    written order made by a people's court the opposite partyhis

    property is not within the territory of the People's Republic of China

    the applicant may directly apply for recognition enforcement to the

    foreign court which has jurisdiction. The people's court may also in

    accordance with the relevant provisions of the international treaties

    concludedacceded to by Chinawith the principle of reciprocity

    request recognition enforcement by the foreign court.

    If a party applies for enforcement of a legally effective arbitral award

    made by an arbitral organ in the People's Republic of China hling cases

    involving foreign element the opposite partyhis property is not

    within the territory of the People's Republic of China he may directly

    apply for recognition enforcement of the award to the foreign court

    which has jurisdiction.

    Article 267

    If a legally effective judgmentwritten order made by a foreign court

    requires recognition enforcement by a people's court of the People's

    Republic of China the party concerned may directly apply for recognition

    enforcement to the intermediate people's court of the People's

    Republic of China which has jurisdiction. The foreign court may also in

    accordance with the provisions of the international treaties concluded or

    acceded to by that foreign country the People's Republic of China or

    with the principle of reciprocity request recognition enforcement by

    a people's court.

    Article 268

    In the case of an applicationrequest for recognition enforcement

    of a legally effective judgmentwritten order of a foreign court the

    people's court shall after examining it in accordance with the

    international treaties concludedacceded to by the People's Republic of

    Chinawith the principle of reciprocity arriving at the conclusion

    that it does not contradict the basic principles of the law of the

    People's Republic of China nor violates State sovereignty security

    social public interest of the country recognize the validity of the

    judgmentwritten order if required issue a writ of execution to

    enforce it in accordance with the relevant provisions of this Law; if the

    applicationrequest contradicts the basic principles of the law of the

    People's Republic of Chinaviolates State sovereignty security

    social public interest of the country the people's court shall not

    recognize enforce it.

    Article 269

    If an award made by a foreign arbitral organ requires the recognition

    enforcement by a people's court of the People's Republic of China the

    party concerned shall directly apply to the intermediate people's court of

    the place the party subjected to enforcement has his domicile or

    his property is located. The people's court shall deal with the

    matter in accordance with the international treaties concludedacceded

    to by the People's Republic of Chinawith the principle of reciprocity.

    Article 270

    This Law shall come into force as of the date of promulgation the

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

    Implementation) shall be abrogated simultaneously.

    (國際貿易法律網http://www.quotestudio.net

     

     

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