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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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