(Adopted at the Fourth Session of the Seventh National People'sCongress on April 9, 1991, promulgated by Order No. 44 of the President ofthe People's Republic of China on April 9, 1991, and effective as of thedate of promulgation)


     Important Notice: (注意事项)

 当发生歧意时, 应以法律法规颁布单位发布的中文原文为准.
 In case of discrepancy, the original version in Chinese shall prevail.
  Whole Document (法规全文)

CIVIL PROCEDURE LAW OF THE PEOPLE'S REPUBLIC OF CHINA
(Adopted at the Fourth Session of the  Seventh  National  People's
Congress on April 9, 1991, promulgated by Order No. 44 of the President of
the People's Republic of China on April 9, 1991, and effective as  of  the
date of promulgation)
Contents
Part One General Provisions
CHAPTER I     The Aim, Scope of Application and Basic Principles
CHAPTER II    Jurisdiction
Section 1     Jurisdiction by Forum Level
Section 2     Territorial Jurisdiction
Section 3     Transfer and 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 and Service
Section 1     Time Periods
Section 2     Service
CHAPTER VIII  Conciliation
CHAPTER IX    Property Preservation and 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 and Entertaining a Case
Section 2     Preparations for Trial
Section 3     Trial in Court
Section 4     Suspension and Termination of Litigation
Section 5     Judgment and 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 Missing or
             Dead
Section 4     Cases Concerning the Adjudgment of Legal Incapacity or
             Restricted 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 and Debt Repayment of Legal Person
           Enterprises

Part Three  Procedure of Execution
CHAPTER XX    General Provisions
CHAPTER XXI   Application for Execution and Referral
CHAPTER XXII  Execution Measures
CHAPTER XXIII Suspension and 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 and Time Periods
CHAPTER XXVII Property Preservation
CHAPTER XXVIII Arbitration
CHAPTER XXIX  Judicial Assistance
  PART ONE GENERAL PROVISIONS
 
  Chapter I The Aim, Scope of Application and Basic Principles

Article 1
The Civil Procedure Law of the People's Republic of China is formulated on
the basis of the Constitution and in  the  light  of  the  experience  and
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  and  ensure  the
ascertaining of facts by  the  people's  courts,  distinguish  right  from
wrong, apply the law correctly, try civil  cases  promptly,  affirm  civil
rights and obligations, impose sanctions for  civil  wrongs,  protect  the
lawful  rights  and  interests  of  the  parties,  educate   citizens   to
voluntarily abide by the law, maintain the social and economic order,  and
guarantee the smooth progress of the socialist construction.
Article 3
In dealing with civil litigation arising from  disputes  on  property  and
personal relations between citizens, legal persons or other  organizations
and 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  and  organizations  that
bring suits or enter appearance in the people's courts shall have the same
litigation rights and obligations as citizens,  legal  persons  and  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 and  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 and 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, and shall be subject to no  interference  by  any
administrative organ, public organization or individual.
Article 7
In trying civil cases, the people's courts must base themselves  on  facts
and take the law as the criterion.

Article 8
The parties 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, and 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  and  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 and 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 and written languages in civil proceedings.
Where minority nationalities live in aggregation in a community  or  where
several nationalities live together in one area, the people's courts shall
conduct hearings and issue legal  documents  in  the  spoken  and  written
languages commonly used by the local nationalities.
The people's courts shall provide translations for any participant in  the
proceedings who is not familiar  with  the  spoken  or  written  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  and  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  and  interests  of  the
State, a collective organization or an individual, any State organ, public
organization, enterprise or institution may support the  injured  unit  or
individual 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 and the basic level people's courts.
The people's conciliation committee shall  conduct  conciliation  for  the
parties according to the  Law  and  on  a  voluntary  basis.  The  parties
concerned  shall  carry  out  the  settlement  agreement  reached  through
conciliation;  those  who  decline  conciliation   or   those   for   whom
conciliation has failed or those 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 and the principles of this Law, and in
conjunction with the specific circumstances of  the  local  nationalities,
adaptive  and  supplementary  provisions.  Such  provisions  made  by   an
autonomous region shall be submitted to  the  Standing  Committee  of  the
National People's Congress for  approval;  those  made  by  an  autonomous
prefecture or  autonomous  county  shall  be  submitted  to  the  standing
committee of the people's congress of the relevant province or  autonomous
region for approval and to the Standing Committee of the National People's
Congress for the record.
  Chapter II Jurisdiction

Section 1 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; and
(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; and
(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 where the defendant has his domicile;
if the place of the defendant's domicile is different  from  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 person or any  other  organization
shall be under the jurisdiction of the people's court of the  place  where
the defendant has his domicile.
Where the domiciles or habitual residences of several  defendants  in  the
same lawsuit are in the areas  under  the  jurisdiction  of  two  or  more
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 where the plaintiff has his domicile;  if  the
place of the plaintiff's domicile is different from 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 whereabouts  are
unknown or who have been declared as missing;
(3) those  brought  against  persons  who  are  undergoing  rehabilitation
through labour; and
(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 where the defendant has  his  domicile  or
where 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 where  the  defendant  has  his  domicile,
where the contract is performed, where the contract is signed,  where  the
plaintiff has his domicile or where 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 and 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 where  the  defendant  has
his domicile or where 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 where the bill is to  be  paid  or  where  the
defendant has his domicile.
Article 28
A lawsuit arising from a dispute over  a  railway,  road,  water,  or  air
transport contract or over a combined transport contract  shall  be  under
the jurisdiction of the people's court of the place  of  dispatch  or  the
place of destination or where 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 where the  tort  is  committed  or  where  the
defendant has his domicile.
Article 30
A lawsuit brought on claims for damages caused by a railway,  road,  water
transport or air accident shall be under the jurisdiction of the  people's
court of the place where the accident occurred or  where  the  vehicle  or
ship first arrived after the accident or where the aircraft  first  landed
after the accident, or where the defendant has his domicile.
Article 31
A lawsuit brought on claims for damages caused by a collision at sea or by
any other maritime  accident  shall  be  under  the  jurisdiction  of  the
people's court of the place where the collision occurred or where the ship
in collision first docked after the accident or where the  ship  at  fault
was detained, or where 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  where  the  salvage  took
place or where 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 where the ship first docked or  where  the
adjustment of general average was conducted or where 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  where  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 where the  harbour  is
located; and
(3) a lawsuit brought on a dispute over  succession  shall  be  under  the
jurisdiction of the people's court of the place where the decedent had his
domicile upon his death, or where the principal  part  of  his  estate  is
located.
Article 35
When two or more 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 two or  more  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 and 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, and 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 and 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  two  or  more  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 and 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 and judicial assessors or of 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 and 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 remanded 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  instance  or  was
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 court or the chief judge of a division of  the  court
shall designate a judge to serve as the presiding judge of  the  collegial
panel; if the president or the chief judge participates in the  trial,  he
himself shall serve as the presiding judge.
Article 43
When deliberating a case, a collegial panel  shall  observe  the  rule  of
majority.  The  deliberations  shall  be  recorded  in  writing,  and  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  and  in
accordance with the law.
The judicial officers shall not accept any treat or gift from the  parties
or their agents ad litem.
Any judicial officer who commits embezzlement, accepts bribes, engages  in
malpractice for personal benefits or  who  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  from  the  case,  and  the
parties thereto shall be entitled to apply orally or in  writing  for  his
withdrawal in any of the following circumstances:
(1) he being a party to the case or a near relative of a party or an 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 and inspection personnel.
Article 46
In applying for the withdrawal, the  party  shall  state  the  reason  and
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;  and  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 orally or in 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  and  the  applicant  shall  be
notified of it accordingly.
  Chapter V Participants in Proceedings

Section 1 Parties

Article 49
Any citizen, legal person and 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 and  provide  evidence,  proffer  arguments,  request
conciliation, file an appeal and apply for execution.
Parties to an action may have access to materials pertaining to  the  case
and make copies thereof and other legal documents pertaining to the case.
The scope of and rules for consulting and 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  and  carry  out  legally  effective
written judgments or orders and conciliation statements.
Article 51
The two parties may reach a compromise of their own accord.
Article 52
The plaintiff may relinquish or modify his claims. The defendant may admit
or rebut the claims and shall have the right to file counterclaims.
Article 53
When one party or both parties consist of two or more  than  two  persons,
their object of action being the same or of  the  same  category  and  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 two or more persons to a joint action have common rights and
obligations with respect to the object of action and 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 two or more persons  have  no
common rights and 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 from 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,  modification  or
waiver of claims or admission of the claims of the other party or pursuing
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  and  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  and  claims  of  the  case  and  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 from 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,  modification  or  waiver  of  claims  or
admission of the claims of the other party or pursuing a  compromise  with
the other party by the representatives shall be subject to the consent  of
the party they represent.
The judgments or written orders rendered by the people's  court  shall  be
valid for all those who have registered their rights with the court.  Such
judgments or written 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 proceedings or  the
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 and 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
guardian or guardians 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 action, or statutory agent may appoint one or two persons to
act as his agents ad litem.
A lawyer, a near relative of the party, a person recommended by a relevant
social organization or a unit to which the  party  belongs  or  any  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 signature  or
seal.
The power of attorney must specify the matters entrusted  and  the  powers
conferred. An agent ad litem must obtain special powers from his principal
to admit,  waive  or  modify  claims,  or  to  compromise  or  to  file  a
counterclaim or an appeal.
A power of attorney mailed or delivered through others by a citizen of the
People's Republic of China  residing  abroad  must  be  certified  by  the
Chinese embassy or consulate accredited to that country. If  there  is  no
Chinese embassy or consulate in that country, the power of  attorney  must
be certified by an embassy or a consulate of a third country accredited to
that country that has diplomatic relations with the People's  Republic  of
China, and then transmitted for authentication to the embassy or consulate
of the People's Republic of China accredited to that third country, or  it
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
changes or revokes the powers of an agent ad litem, and  the  court  shall
notify the other party of the change or revocation.
Article 61
A lawyer who serves as an agent ad litem and other agents ad  litem  shall
have the right to investigate and collect evidence, and may have access to
materials pertaining to the case. The scope of and  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.
  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; and
(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 and his agent ad litem  are  unable  to
collect the evidence by themselves or if the people's court considers  the
evidence necessary for the trial of the case,  the  people's  court  shall
investigate and collect it.
The people's court shall, in accordance with the procedure  prescribed  by
the law, examine and verify evidence comprehensively and objectively.
Article 65
The people's court shall have the right to make investigation and  collect
evidence from the relevant units or individuals; such units or individuals
may not refuse to provide information and evidence.
The people's court shall verify the authenticity,  examine  and  determine
the validity of the certifying documents provided by the relevant units or
individuals.
Article 66
Evidence shall be presented in court and  cross-examined  by  the  parties
concerned. But evidence that involves State  secrets,  trade  secrets  and
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 and 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
document or thing, then reproductions, photographs, duplicates or extracts
of the original may be submitted.
If a document in a foreign language is submitted as  evidence,  a  Chinese
translation must be appended.

Article 69
The people's court shall verify audio-visual materials and 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 and 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 from 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 and the experts  designated  by  the  department
shall have the right to consult  the  case  materials  necessary  for  the
evaluation and question the parties and witnesses  when  circumstances  so
require.
The authorized department and the experts it designated  shall  present  a
written conclusion of the evaluation duly sealed or signed 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 evidence or a site, the  inspector  must  produce
his credentials issued by a people's court. He  shall  request  the  local
grass-roots organization or the unit to which  the  party  to  the  action
belongs to send persons  to  participate  in  the  inspection.  The  party
concerned or an 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  and  individuals
shall be under the obligation of preserving the  site  and  assisting  the
inspection.   The  inspector  shall  make  a   written   record   of   the
circumstances and results of the inspection, which shall be duly signed or
sealed  by  the  inspector,  the  party  concerned  and  the  participants
requested to be present.

Article 74
Under circumstances where there is  a  likelihood  that  evidence  may  be
destroyed or lost, or difficult 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 and Service

Section 1 Time Periods

Article 75
Time  periods  shall  include  those  prescribed  by  the  law  and  those
designated by a people's court.
Time periods shall be calculated by the hour, the day, the month  and  the
year.  The hour and day from which a  time  period  begins  shall  not  be
counted as within the time period.
If the expiration date of a time period falls on a holiday, then  the  day
immediately following the holiday shall  be  regarded  as  the  expiration
date.
A time period shall not include travelling  time.  A  litigation  document
that is mailed before 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 majeure or for 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
and it shall bear the date of receipt noted by the signature  or  seal  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 sent or delivered 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 person or any other organization, the documents shall  be  receipted
by the legal representatives of the legal person or the principal heads of
the other organization  or  anyone  of  the  legal  person  or  the  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 and has informed the people's court of it,  the  documents  may  be
receipted by the person designated.
The date put down in the receipt and signed by  the  adult  family  member
living with the person or whom the litigation documents are to be  served,
or by the person responsible for receiving documents of a legal person  or
any other organization, or by the agent ad litem, or the 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  served  or  the
adult family member living with him refuses to receive the documents,  the
person serving the documents shall ask representatives from  the  relevant
grass-roots organization or the unit to  which  the  person  on  whom  the
documents are to be served belongs to appear on  the  scene,  explain  the
situation to them, and record on the receipt the reasons  of  the  refusal
and the date of it.  After  the  person  serving  the  documents  and  the
witnesses have affixed their signatures  or  seals  to  the  receipt,  the
documents shall be left at the place where the person on whom they are  to
be served lives and 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  court,  or  done  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 at or above 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
authorities or the unit of reform  through  labour  where  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 organization or unit that receives  the  litigation  documents  to  be
forwarded must immediately deliver them to and 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 whereabouts of the person on whom the litigation documents  are  to
be served is unknown, or if 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  and  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 and wrong on  the  basis  of  the  facts  being  clear  and  conduct
conciliation between the parties on a voluntary basis.
Article 86
When a people's court conducts conciliation, a single judge or a 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 and 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 units or  individuals
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 and  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, and the  result
of the conciliation.
The conciliation statement shall be signed by  the  judge  and  the  court
clerk, sealed by the people's court, and 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; and
(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 and shall become legally  effective  after
being signed or sealed by both parties concerned, by the judge and by  the
court clerk.

Article 91
If no agreement is reached through conciliation or if 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 and Advance Execution

Article 92
In the cases where the execution of a judgment may  become  impossible  or
difficult because of the acts of either party or for  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  and  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  claims  or  to
the property relevant to the case.
Property preservation  shall  be  effected  by  sealing  up,  distraining,
freezing or other 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 up or frozen shall not be sealed
up or frozen 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 from 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  children  or  elders,
pension for the disabled or the family of  a  decedent,  or  expenses  for
medical care;
(2) those involving claims for remuneration for labour; and
(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  and  obligations  between  the  parties
concerned is clear and definite, and denial  of  advance  execution  would
seriously affect the livelihood or production operations of the applicant;
and
(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 from the advance
execution.
Article 99
If the party concerned is not satisfied with the order  made  on  property
preservation or execution, 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 and other persons in the court proceedings shall abide by the
court rules.
If a person violates the court rules, the  people's  court  may  reprimand
him, or order him to leave the courtroom, or impose a fine  on  or  detain
him.
A person who seriously disrupts court order by making  an  uproar  in  the
court  or  rushing  at  it,  or  insulting,  slandering,  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 detained or a fine imposed on him.
Article 102
If a participant or any 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 him or detain him; if the act  constitutes  a
crime, the offender shall  be  investigated  for  criminal  responsibility
according to law.
(1) forging or destroying important evidence,  which  would  obstruct  the
trial of a case by the people's court;
(2) using violence, threats or subordination to  prevent  a  witness  from
giving testimony, or instigating, suborning, or coercing others to  commit
perjury;
(3) concealing, transferring, selling or destroying property that has been
sealed up or distrained, or property of which an inventory has  been  made
and which has been put under his care according to court  instruction,  or
transferring the property that has been frozen;
(4) insulting, slandering, incriminating with false charges, assaulting or
maliciously  retaliating   against   judicial   officers   or   personnel,
participants  in  the  proceedings,  witnesses,  interpreters,  evaluation
experts, inspectors, or personnel assisting in execution;
(5) using violence, threats or other means to hinder judicial officers  or
personnel from performing their duties; or
(6) refusing to carry out legally effective judgments  or  orders  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 on or detain 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  and
execution commits any one of the following acts, the people's  court  may,
apart from enjoining it to perform its obligation, also impose a fine:
(1) refusing or obstructing the investigation and collection  of  evidence
by the people's court;
(2) refusing by banks, credit cooperatives or  other  units  dealing  with
savings deposit, after receiving a notice for assistance in execution from
the people's court, to assist in inquiring into, freezing or  transferring
the relevant deposit.
(3)  refusing  by  the  unit  concerned,  after  receiving  a  notice  for
assistance in execution from 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 heads or the persons
who are held actually responsible for the act. The people's court may also
put forward a judicial proposal to the supervisory organ or  any  relevant
organ for the imposition of disciplinary sanctions.
Article 104
A fine on an individual shall not exceed Renminbi 1,000 yuan. A fine on  a
unit shall not be less than Renminbi  1,000  yuan  and  shall  not  exceed
Renminbi 30,000 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 and mends his wrongdoings.
Article 105
Constrained appearance in court, imposition of a fine or  detention  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
person or illegal distrainment  of  property  shall  be  investigated  for
criminal responsibility according to the law, or shall  be  punished  with
detention or a 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 deferment or  reduction  of  the  payment  or  for  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 and Entertaining a Case

Article 108
The following conditions must be met when a lawsuit is brought:
(1)  the  plaintiff  must  be  a  citizen,  legal  person  or  any   other
organization that has a direct interest in the case;
(2) there must be a definite defendant;
(3) there must be specific claim or claims, facts, and cause or causes for
the suit; and
(4) the suit must be within the scope of acceptance for civil  actions  by
the people's court and under the jurisdiction of the people's court  where
the suit is entertained.
Article 109
When a lawsuit is brought, a statement of complaint shall be submitted  to
the people's  court,  and  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 and 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  and  home
address of the parties to the case; if the parties are  legal  persons  or
any other organizations, their names, addresses and the names and posts of
the legal representatives or the principal heads.
(2) the claim or claims of the suit, the facts and grounds  on  which  the
suit is based; and
(3) the evidence and its source, as well as the names and  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 judgment or order 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
divorce,  or  in  which  both  parties  have   become   reconciled   after
conciliation, or in a case concerning adoptive  relationship  in  which  a
judgment has been made or conciliation 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 developments or  new  reasons,
it shall not be entertained.

Article 112
When a people's court  receives  a  statement  of  complaint  or  an  oral
complaint and finds after examination that it meets the  requirements  for
acceptance, the court shall place the case on the docket within seven days
and 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,  and  the  defendant
shall file a defence within 15 days  from  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  from  its
receipt. Failure by the defendant to file a defence shall not prevent  the
case from 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 and  in  the
notification calling  for  responses  to  the  action  of  their  relevant
litigation rights and 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 and verify the case materials
and carry out investigations and 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 and then signed or sealed by both the  investigator  and  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  and
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
secrets or personal privacy or are to be tried otherwise  as  provided  by
the law.
A divorce case or a 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  and  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 and the time and location of the court  session  shall  be
announced publicly.
Article 123
Before a court session is called to order, the court clerk shall ascertain
whether or not the parties and other participants in the  proceedings  are
present and 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  and  the  names  of  the
judicial officers and court clerks, inform the parties of  their  relevant
litigation rights and obligations and ask the parties whether or not  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  and  obligations,  giving
testimony by the witnesses  and  reading  of  the  written  statements  of
absentee witnesses;
(3)  presentation  of  documentary   evidence,   material   evidence   and
audio-visual material;
(4) reading of expert conclusions; and
(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 and inspectors.
Any request by the parties  concerned  for  a  new  investigation,  expert
evaluation or inspection shall be subject to the approval of the  people's
court.
Article 126
Additional claims by the plaintiff, counterclaims  by  the  defendant  and
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 and his agents ad litem;
(2) defence by the defendant and his agents ad litem;
(3) oral statement or defence by the third party and 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, and 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 reasons, or if 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 reasons, or if 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, and 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  and  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  inspection,  or  to  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 and the judicial officers.
The court record shall be read out in court, or else the parties and other
participants in the proceedings may be notified to read the  record  while
in court or within five days. If they consider that there are omissions or
errors in the record  of  their  own  statements,  the  parties  or  other
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 signed  or  sealed  by  the  parties  and  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 tried or not.
If a judgment is pronounced in court, the written judgment shall be issued
and delivered within ten days; if a judgment  is  pronounced  later  on  a
fixed date, the written judgment shall be  issued  and  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 and 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 and Termination of Legal Proceedings

Article 136
Legal  proceedings  shall  be  suspended   in   any   of   the   following
circumstances:
(1) one of the parties dies and it is necessary to wait for  the  heir  or
heiress to make clear whether to participate or not in the proceedings;
(2) one of the parties has lost the capacity to engage in  litigation  and
his agent ad item has not been designated yet;
(3) the legal person or any other organization as one of the  parties  has
dissolved, and the successor to its rights and 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 successor, or the  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
elders or children or to the termination of adoptive relationship.

Section 5 Judgment and Order

Article 138
A judgment shall clearly set forth the following:
(1) cause of action, the claims, facts and cause or causes of the dispute;
(2) the facts and causes as  found  in  the  judgment  and  the  basis  of
application of the law;
(3) the outcome of adjudication and the costs to be borne; and
(4) the time limit for filing an appeal and the appellate court with which
the appeal may be filed.
The judgment shall be signed by the judicial officers and 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 and advance execution;
(5) approval or disapproval of withdrawal of a suit;
(6) suspension or termination of legal proceedings;
(7) correction of errata in the judgment;
(8) suspension or termination 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 and 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) and
(3) mentioned above.
An order in writing shall be signed by the judicial officers and 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 and written orders of the Supreme People's Court, as well as
judgments and written orders that may not be appealed against according to
the law or that 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
and obligations clear and the disputes trivial  in  character,  the  basic
people's courts and 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 court or a tribunal dispatched by it  for  a  solution  of  their
dispute. The basic people's court or the tribunal it  dispatched  may  try
the case immediately or set a date for the trial.
Article 144
In trying a simple civil case, the basic people's court  or  the  tribunal
dispatched by it may use simplified methods to  summon  at  any  time  the
parties and witnesses.
Article 145
Simple civil cases shall be tried by a single judge alone and the trial of
such cases shall not be bound by the provisions of Articles 122, 124,  and
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.
  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 and their legal  representatives  or  names  of
other organizations and their principal heads; the name  of  the  people's
court where the case was originally tried; file number of the case and the
cause of action; and the claims of the appeal and the reasons.
Article 149
The appeal petition shall be submitted through the  people's  court  which
originally tried the case, and copies of it shall be provided according to
the number of persons  in  the  other  party  or  of  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  from  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 from  being  tried  by  the
people's court.
After receiving the appeal petition and the defence,  the  people's  court
which originally tried the case shall,  within  five  days,  deliver  them
together with the entire case file and 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 and 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
and questioning the parties, if the collegial panel considers that  it  is
not necessary to conduct a trial, it may make  a  judgment  or  a  written
order directly.
The people's court of second instance may try a case on appeal at its  own
site or in the place where the case originated or where 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  and  the  law  was  correctly
applied in the original judgment, the appeal shall be rejected in the form
of a judgment and 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 incorrectly or not  clearly
ascertained and the evidence  was  insufficient,  the  people's  court  of
second instance shall make a written order to set aside the  judgment  and
remand to case to the original people's court for retrial, or the people's
court of second instance may amend the judgment  after  investigating  and
clarifying the facts; 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 and the  case  remanded  to  the  original
people's court for retrial.  The parties concerned may appeal against  the
judgment or written 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 and signed by the  judicial  officers
and 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 application or not.
Article 157
In the trial of a case  on appeal, the people's court of  second  instance
shall, apart from observing the provisions of  this  Chapter,  follow  the
ordinary procedure for trials of first instance.

Article 158
he judgment and 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 missing or dead, the  adjudgment  of  legal
incapacity or restricted legal capacity of a citizen and 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
and 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 voters or of any major, difficult or complicated 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 and interests, it shall make a written order to terminate  the
special procedure and inform the interested parties to otherwise institute
and 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
docket or within 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  and  other  citizens  concerned   must   participate   in   the
proceedings.
The written judgment of the people's court shall be served on the election
committee and 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 Missing or Dead

Article 166
With respect to a citizen whose whereabouts 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 where the missing person has his domicile.
The  application  shall  clearly  state  the  facts  and   time   of   the
disappearance of the person missing as well  as  the  motion;  documentary
evidence from a public security organ or other relevant organs  concerning
the disappearance of the citizen shall be appended to the application.
Article 167
With respect to a citizen whose whereabouts are unknown for four years  in
full or whose whereabouts are unknown for  two  years  in  full  after  an
accident in which he was involved, or with  respect  to  a  citizen  whose
whereabouts are unknown after such an accident, and, 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
where the missing person has his domicile.
The  application  shall  clearly  state  the  facts  and   time   of   the
disappearance as well as the motion; documentary evidence  from  a  public
security organ or other 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
missing or dead, 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, and that for declaring  a  person
as dead shall be one year. Where a citizen's whereabouts are unknown after
an accident in which he was involved and,  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 missing or death of the person
has been confirmed, make a judgment declaring the person missing  or  dead
or make a judgment rejecting the application.
Article 169
If a person who has been declared missing or  dead  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 and 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  incapacity  or  restricted  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
where the citizen has his domicile.
The application shall clearly state the fact and grounds of the  citizen's
legal incapacity or restricted 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 incapacity or restricted 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 incapacity or  restricted  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  incapacity  or  restricted  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 incapacity or restricted legal capacity or upon the  application  of
his guardian, the people's court confirms that the causes of that person's
legal incapacity or restricted 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 person or any other organization with  the  basic  people's
court in the place where the property is located.
The application shall clearly state the type and quantity of the  property
and 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  and  upon
examination and 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 and turn it over to the State or the
collective concerned.
Article 176
If, after a property has been determined by a judgment as  ownerless,  the
owner of the property or his 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 and 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 judgment or written order of his court  and  deems  it
necessary to have the case retried, he shall  refer  it  to  the  judicial
committee for discussion and decision.
If the Supreme People's Court finds definite error in a legally  effective
judgement or written order of a local people's court at any level, or if a
people's court at a higher level finds some definite error  in  a  legally
effective judgment or written order of a people's court at a lower  level,
it shall respectively have the power to bring the case  up  for  trial  by
itself or direct 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 judgment or written order, he may apply to  the  people's  court
which originally tried the case or to a people's court at the next  higher
level for a retrial; however, execution of the judgment or order 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
judgment or written order was insufficient;
(3) there was definite error in the application of the law in the original
judgment or written order;
(4) there was violation by the people's court of the legal procedure which
may have affected the correctness of the judgment or written order in  the
case; or
(5) the judicial officers have committed  embezzlement,  accepted  bribes,
done malpractices for personal benefits  and  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 voluntariness  or  that  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 judgment or written 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
judgment or written order was made by a court of first instance, the  case
shall be tried in accordance with the procedure of first instance, and the
parties concerned may appeal against the new judgment  or  order;  if  the
legally effective judgment or written order was made by a court of  second
instance, the case shall be tried in  accordance  with  the  procedure  of
second instance, and the new judgment or written 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, and the new judgment or written 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
judgment or written order made by a people's court at any  level  involves
any of the following circumstances, or if a people's  procuratorate  at  a
higher level finds that a legally effective judgment or written order made
by a people's court at  a  lower  level  involves  any  of  the  following
circumstances,  the  Supreme  People's  Procuratorate  or   the   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 judgment or written order;
(3) there was violation by the people's court of the legal procedure which
may have affected the correctness of the judgment or written order; or
(4) the judicial officers have committed  embezzlement,  accepted  bribes,
done malpractice for personal benefits and perverted the law in the  trial
of the case. If a local people's procuratorate at any level finds  that  a
legally effective judgment or written 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
judgment or written 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  debt  or  recovery  of
negotiable  instruments  from  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 and the debtor; and
(2) the order of payment can be served on the debtor.
The application shall clearly state the requested amount of  money  or  of
the negotiable instruments and the facts and  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 and upon  examination  of  the  facts  and
evidence provided by the creditor, the people's court shall, if the rights
and obligations relationship between the creditor and the debtor is  clear
and 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 debts or  submit  to  the  people's  court  his  dissent  in
writing.
If the debtor has neither dissented from 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 and 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, lost, or destroyed, apply  to  the  basic  people's
court of the place where 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, and the facts and 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,  and  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 party or parties 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 party  or  parties,
the people's court shall make a written order to terminate  the  procedure
for publicizing public notice for assertion  of  claims,  and  notify  the
applicant and the payor.
The applicant or the 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 and void.
The judgment shall be published and 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 knows or should  know  the  publication  of  the
judgment, bring an action  in  the  people's  court  which  has  made  the
judgment.
  Chapter XIX Procedure for Bankruptcy and Debt Repayment  of  Legal  Person Enterprises

Article 199
If a legal person enterprise has suffered serious losses and 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 and debt
repayment proceedings, the people's court shall notify the debtor and  the
known creditors within ten days and also make a public announcement.
Creditors who have been notified shall, within 30 days after receiving the
notice, and 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 abandoned their rights.
Creditors may organize a creditors' meeting to discuss and  approve  of  a
formula for the disposition and distribution of bankrupt property, or  for
a composition agreement.
Article 201
The people's court may appoint a liquidation commission formed by relevant
state organs and persons concerned. The liquidation commission shall  take
charge  of  the  custody  of  the  bankrupt  property,  its   liquidation,
assessment, disposition and distribution. The liquidation  commission  may
also engage in necessary activities of a civil  nature  according  to  the
law.
The liquidation commission shall be responsible and report its work to the
people's court.
Article 202
If the legal person enterprise  and  the  creditors  reach  a  composition
agreement, the people's court shall, after approving the agreement, make a
public announcement of it and terminate the bankruptcy and 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 mortgaged or otherwise used as  security  for
bank loans or other obligations, the bank and 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 mortgaged or used 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  from  the  bankrupt
property, first  repayment  shall  be  made  in  the  following  order  of
priority:
(1) wages and salaries of staff and workers and labour insurance  expenses
that are owned by the bankrupt enterprise;
(2) taxes owed by the bankrupt enterprise; and
(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 where 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 and  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  and
partnerships by private individuals.
  PART THREE  PROCEDURE OF EXECUTION
 
  Chapter XX General Provisions

Article 207
Legally effective judgments or written orders in civil cases, as  well  as
the paeral Provisions

Article 207
Legally effective judgments or written orders in civil cases, as  well  as
the parts of judgments or  written  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
where the person subjected to execution has  his  domicile  or  where  the
property subject to execution is located.
Article 208
If, in the course of execution,  an  outsider  raises  an  objection  with
respect to the object subjected to execution, 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,
and have it signed or sealed by the persons concerned on the scene.
The basic people's court and 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 person or property 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  and  shall  not
refuse to do so. After the execution has  been  completed,  the  entrusted
people's court shall promptly inform the  entrusting  people's  court,  by
letter, of the result of the execution. If  the  execution  has  not  been
completed within 30 days, the entrusted people's 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 and  reach
a settlement agreement on their  own  initiative,  the  execution  officer
shall make a record of the contents of the  agreement,  and  both  parties
shall affix their signatures or seals to 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  and  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
from the deceased estate; if a legal  person  or  any  other  organization
subjected to execution dissolves, the party that succeeds  to  its  rights
and obligations shall fulfil the obligations.
Article 214
After the completion of execution, if  definite  error  is  found  in  the
executed judgment, written order or other legal documents resulting in the
annulment of such judgment, order  or  legal  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 and 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  execution,  or  the  judge  may
refer the matter to the execution officer for enforcement.
The parties concerned must comply  with  the  conciliation  statement  and
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 and 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 agreement or are matters which the arbitral organ has no power
to arbitrate;
(3) the composition of the  arbitration  tribunal  or  the  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 bribes  or  done
malpractice for personal benefits or perverted 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 and public interest, it shall make an order  not  to
allow the execution.
The above-mentioned written order shall be served on both parties and  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  and  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 both or one of the parties are  citizens;  it  shall  be  six
months if both parties are legal persons or other organizations.
The above-mentioned time limit shall be calculated from 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 from 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
cooperatives or other units  that  deal  with  savings  deposit  into  the
deposit accounts of the  person  subjected  to  execution,  and  shall  be
empowered to freeze or transfer  his  deposits;  however,  the  inquiries,
freezing or transfer of the deposits shall not exceed  the  scope  of  the
obligations to be fulfilled by the person subjected to execution.
The people's court shall, in deciding to freeze  or  transfer  a  deposit,
make a written order and issue a notice for assistance in execution.
Banks, credit cooperatives or other 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 withhold  or  withdraw  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 and his dependant family members.
The people's court shall, when withholding or withdrawing the income, make
a written order and issue a notice for assistance in execution.  The  unit
in  which  the  person  subjected  to  execution  works,   banks,   credit
cooperatives or other units that deal with  savings  deposit  must  comply
with the notice.
Article 223
If the person subjected to execution fails  to  fulfil  according  to  the
execution notice the obligations specified  in  the  legal  document,  the
people's court shall be empowered to seal up, distrain,  freeze,  sell  by
public auction, or sell off part of the property 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
and 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 up or distrains a property, it shall, if the
person subjected to execution is a citizen, notify him or an adult  member
of his family to appear on the scene; if the party subjected to  execution
is a legal person or any other organization, it  shall  notify  its  legal
representatives or its 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  unit  or  the  grass-roots
organization of the place where his  property  is  located  shall  send  a
representative to attend the execution.
An inventory of the sealed-up or distrained property must be made  by  the
execution officer and, after the inventory has been signed  or  sealed  by
the persons on the scene, a copy of  it  shall  be  given  to  the  person
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,  and  the  person  shall  be  held
responsible for any losses incurred due to his fault.
Article 226
After a property has been sealed up or distrained, 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 auction or  selling  off
the sealed-up or distrained property. Articles which are  prohibited  from
free trading by the State shall be  delivered  to  and  purchased  by  the
relevant units at the price fixed by the State.
Article 227
If the person subjected to  execution  fails  to  fulfil  his  obligations
specified in the legal document and conceals his  property,  the  people's
court shall be empowered to issue a search warrant and search him and  his
domicile or the place where the property was concealed.
In  adopting  the  measure  mentioned  in  the  preceding  paragraph,  the
president of the people's court shall sign and issue the search warrant.
Article 228
With respect to the  property  or  negotiable  instruments  specified  for
delivery in the legal document, the execution officer  shall  summon  both
parties concerned and deliver them in  their  presence  or  the  execution
officer may forward them to the recipient,  who  shall  sign  and  give  a
receipt.
Any unit concerned that has  in  possession  the  property  or  negotiable
instruments shall turn them over to the recipient in accordance  with  the
notice of  the  people's  court  for  assistance  in  execution,  and  the
recipient shall sign and give a receipt.
If any citizen concerned has in  possession  the  property  or  negotiable
instruments, the people's court shall notify him to hand them over. If  he
refuses to do so, compulsory execution shall be carried out.

Article 229
Compulsory eviction from a building or a plot  of  land  shall  require  a
public notice signed and 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 person or an adult member of his family  shall
be notified to be present; if the party subjected to execution is a  legal
person or any other organization, its legal representatives  or  principal
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 unit or the grass-roots organization in the locality  of
the building  or  the  plot  of  land  shall  send  a  representative  for
attendance. The execution officer shall make a record of  the  particulars
of the compulsory execution, with the signatures or seals of  the  persons
on the scene affixed to it.
The people's court  shall  assign  personnel  to  transport  the  property
removed in a compulsory eviction from a building to a designated  location
and 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,  and
they must comply with it.

Article 231
If the person subjected to execution fails to perform acts specified in  a
judgement or written order or any other legal document  according  to  the
execution notice, the people's court may carry out compulsory execution or
entrust the task to a relevant unit  or  other  persons,  and  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 order or any 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
judgment or written order or any 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 and 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 and 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 and it is necessary to  wait  for
the successor to inherit the rights of the deceased or to succeed  to  his
obligations;
(4) a legal person or  any  other  organization  as  one  of  the  parties
dissolves, and the party succeeding to its rights and 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 and there is  no  estate  that
may be subjected to execution, nor anyone to succeed to his obligations;
(4) the person entitled to claim alimony or support for elders or children
dies;
(5) the citizen subjected to execution is  too  badly  off  to  repay  his
debts, has no source of income and has lost 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 suspend or terminate 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
 
  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  concluded  or  acceded  to  by  the  People's
Republic of China contains provisions that differ from 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  and
immunities shall be dealt with in accordance with the relevant law of  the
People's Republic  of  China  and  the  provisions  of  the  international
treaties concluded or acceded 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 and written language commonly used in  the  People's
Republic of China. Translation may be  provided  at  the  request  of  the
parties concerned, and the expenses shall be borne by them.
Article 241
When foreign nationals,  stateless  persons  or  foreign  enterprises  and
organizations need lawyers as agents ad litem to bring an action or  enter
appearance on their behalf  in  the  people's  court,  they  must  appoint
lawyers of the People's Republic of China.
Article 242
Any power of attorney mailed or forwarded by other means from outside  the
territory of the  People's  Republic  of  China  by  a  foreign  national,
stateless person or a foreign enterprise  and  organization  that  has  no
domicile in the People's Republic of China for 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  and
authenticated by the Chinese  embassy  or  consulate  accredited  to  that
country  or,  for  the  purpose  of  verification,  must  go  through  the
formalities stipulated in the relevant bilateral  treaties  between  China
and that country before it becomes effective.
  Chapter XXV Jurisdiction

Article 243
In the case of an action concerning a contract dispute or  other  disputes
over property rights and interests, brought against a defendant who has no
domicile within the territory of the People's Republic of  China,  if  the
contract is signed or performed  within  the  territory  of  the  People's
Republic of China, or if the object of the action is  located  within  the
territory of the People's Republic of  China,  or  if  the  defendant  has
distrainable property within the territory of  the  People's  Republic  of
China, or if the  defendant  has  its  representative  office  within  the
territory of the People's Republic of China, the  people's  court  of  the
place where the contract is signed or performed, or where  the  object  of
the action is, or where the defendant's distrainable property is  located,
or where the torts are  done,  or  where  the  defendant's  representative
office is located, shall have jurisdiction.
Article 244
Parties to a dispute over a contract concluded  with  foreign  element  or
over property rights and 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  and  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  and
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 from the performance of contracts  for
Chinese-foreign equity  joint  ventures,  or  Chinese-foreign  contractual
joint ventures, or Chinese-foreign cooperative exploration and 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 and 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 and  the  country  where
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  and  who
is of the nationality of the People's Republic of China,  service  may  be
entrusted to the embassy or consulate of the People's  Republic  of  China
accredited to the country where 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
made or on his branch office or business agents there who have  the  right
to receive the documents;
(6) by making service by mail if the law of the country where  the  person
on whom the service is to be made resides so permits; in  the  event  that
the receipt of delivery is not returned six months after the date on which
the documents were mailed, and that circumstances justify  the  assumption
that service has been made, the service shall be deemed completed upon the
expiration of the said time period; and
(7) by making service by public notice, if  none  of  the  above-mentioned
methods can be employed. The service shall be 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 and 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 judgment or written  order  made
by a people's court of first instance, he shall have the right to file  an
appeal within 30 days from the date  the  written  judgment  or  order  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
appeal or submit a  defence  within  the  period  prescribed  by  the  law
requests an extension of the  period,  the  people's  court  shall  decide
whether to grant it.

Article 250
The period for the trials of civil cases involving foreign element by  the
people's court shall not be restricted by the provisions of  Articles  135
and 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  from  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, and 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

Article 257
In the case of  a  dispute  arising  from  the  foreign  economic,  trade,
transport or maritime activities of China, if  the  parties  have  had  an
arbitration clause in the contract concerned or have 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
handling cases involving foreign element, or to 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  concerned  or  have   not
subsequently reached a written arbitration agreement, they  may  bring  an
action in a people's court.
Article 258
If a party has applied for property preservation  measures,  the  arbitral
organ of the People's Republic of China handling cases  involving  foreign
element shall  refer  the  party's  application  for  a  decision  to  the
intermediate people's court of the place where the party against whom  the
application is made has his domicile or where 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 handling 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  where  the
party against whom  the  application  for  enforcement  is  made  has  his
domicile or where his property is located.
Article 260
A people's court shall, after examination and 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
handling 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 contract or have
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 arbitrator or for the inception  of
the arbitration proceedings or was unable  to  present  his  case  due  to
causes for which he is not responsible;
(3) the composition of the  arbitration  tribunal  or  the  procedure  for
arbitration was not in conformity with the rules of arbitration; or
(4) the matters dealt with by the award fall  outside  the  scope  of  the
arbitration agreement or which the arbitral organ  was  not  empowered  to
arbitrate.
If the people's court determines that the enforcement of  the  award  goes
against the social and 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 concluded or acceded  to  by
the People's Republic of China or with the principle of  reciprocity,  the
people's courts of China and foreign courts may make mutual  requests  for
assistance in  the  service  of  legal  documents,  in  investigation  and
collection of evidence or in other litigation actions.
The people's court shall not render the assistance requested by a  foreign
court, if it impairs  the  sovereignty,  security  or  social  and  public
interest of the People's Republic of China.
Article 263
The request for the providing of judicial  assistance  shall  be  effected
through channels provided  in  the  international  treaties  concluded  or
acceded to by the People's Republic of  China;  in  the  absence  of  such
treaties, they shall be effected through diplomatic channels.
A foreign embassy or consulate accredited  to  the  People's  Republic  of
China may serve documents on its  citizens  and  make  investigations  and
collect evidence among them,  provided  that  the  laws  of  the  People's
Republic of China are not violated and no compulsory measures are taken.
Except for the conditions provided in the preceding paragraph, no  foreign
organization or individual may,  without  the  consent  of  the  competent
authorities of the People's Republic of China,  serve  documents  or  make
investigations and collect evidence within the territory of  the  People's
Republic of China.
Article 264
The letter of request for judicial assistance and its annexes  sent  by  a
foreign court to a  people's  court  shall  be  appended  with  a  Chinese
translation or a text in any other language or languages specified in  the
relevant international treaties.
The letter of request and its  annexes  sent  to  a  foreign  court  by  a
people's  court  for  judicial  assistance  shall  be  appended   with   a
translation in the language of  that  country  or  a  text  in  any  other
language or languages specified in the 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, and  the  opposite  party  or  his
property is not within the territory of the People's  Republic  of  China,
the applicant may directly apply for recognition and  enforcement  to  the
foreign court which has jurisdiction. The  people's  court  may  also,  in
accordance with the relevant  provisions  of  the  international  treaties
concluded or acceded to by China, or with the  principle  of  reciprocity,
request recognition and 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 handling cases
involving foreign element and the opposite party or his  property  is  not
within the territory of the People's Republic of China,  he  may  directly
apply for recognition and enforcement of the award to  the  foreign  court
which has jurisdiction.
Article 267
If a legally effective judgment or written order made by a  foreign  court
requires recognition and enforcement by a people's court of  the  People's
Republic of China, the party concerned may directly apply for  recognition
and 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 and the People's Republic of  China  or
with the principle of reciprocity, request recognition and enforcement  by
a people's court.

Article 268
In the case of an application or request for recognition  and  enforcement
of a legally effective judgment or written order of a foreign  court,  the
people's  court  shall,  after  examining  it  in  accordance   with   the
international treaties concluded or acceded to by the People's Republic of
China or with the principle of reciprocity and 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  and
social and public interest of the country, recognize the validity  of  the
judgment or written order, and, if required, issue a writ of execution  to
enforce it in accordance with the relevant provisions of this Law; if  the
application or request contradicts the basic principles of the law of  the
People's Republic of China or violates  State  sovereignty,  security  and
social and public interest of the country, the people's  court  shall  not
recognize and enforce it.
Article 269
If an award made by a foreign arbitral organ requires the recognition  and
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 where the party subjected to enforcement  has  his  domicile  or
where his property is located. The people's  court  shall  deal  with  the
matter in accordance with the international treaties concluded or  acceded
to by the People's Republic of China or with the principle of reciprocity.
Article 270
This Law shall come into force as of the date  of  promulgation,  and  the
Civil  Procedure  Law  of  the  People's  Republic  of  China  (for  Trial
Implementation) shall be abrogated simultaneously.