People's Republic of China civil procedure law
(April 9, 1991 NPC adopted at the fourth session of October 28, 2007th 30th meeting of the Standing Committee of the national people's Congress to amend People's Republic of China civil procedure law, the first amendment of the decision on August 31, 2012 the 11th session of the 28th meeting of the Standing Committee of the national people's Congress to amend People's Republic of China decision on second amendment of civil procedure law)
Directory
Title I General provisions
Chapter I aim, scope and basic principles
Chapter II jurisdiction
First jurisdiction
Section II jurisdiction
Section III transferred jurisdiction and specifies jurisdiction
Chapter III judicial organization
The fourth chapter to avoid
The fifth chapter participants in proceedings
Section I the parties
Section II of agent ad litem
The sixth chapter of evidence
During the seventh chapter, served on
During the first quarter
Section II serve
The eighth chapter mediation
Nineth part to preserve and advance the implementation
The tenth chapter of compulsory measures against impairment of
The 11th chapter of litigation costs
Part II proceedings
The 12th chapter XII ordinary procedure
First prosecution and admissibility
Section II getting ready for a trial
Section III hearing
The fourth lawsuit to suspend or terminate
Fifth section of judgments and orders
The 13th chapter summary
The 14th chapter of procedure of second instance
The 15th chapter of the special procedures
Section I General provisions
Section II voter qualification cases
Section III declared missing, cases concerning the Declaration of disappearance and death
Fourth section identified cases citizens without civil capacity or with limited capacity for civil conduct
Fifth section identified cases property has been
Sixth Festival confirmed cases of mediation agreements
Seventh day realize the real rights for security cases
The 16th chapter of the trial supervision procedure
The 17th chapter and urging procedure
The 18th Chapter XVIII programs
Title III program
The 19th Chapter General provisions
The 20th chapter application for execution and transfer
The 21st chapter implementation measures
22nd Chapter Executive suspension and termination
Part IV special provisions on foreign-related civil litigation
23rd General principles
The 24th chapter jurisdiction
During the 25th chapter, service,
The 26th chapter of arbitration
The 27th legal assistance
Title I General provisions
Chapter I aim, scope and basic principles
Article People's Republic of China civil law on the basis of the Constitution, based on the civil trial work and the actual situation.
Article People's Republic of China civil law tasks, is to protect the parties exercise their procedural rights and guarantees people's Court to ascertain the facts, tell right from wrong, correct application of the law, civil cases, confirm the relationship of civil rights and obligations, civil sanctions violations, protect the legitimate rights and interests of the parties, educate citizens to obey the law, maintaining social and economic order, safeguard Socialist smoothly.
People's courts shall accept between citizens, legal persons, other organizations and their property relationships and personal relationships to each other in civil procedure, apply the provisions of this law.
Fourth in the People's Republic of China in the area of civil litigation, must comply with this law.
The fifth foreign nationals, stateless persons, foreign enterprises and organizations in the people's Court, pleading, People's Republic of China citizens, legal persons and other organizations, proceedings have equal rights and obligations.
Foreign court of People's Republic of China citizens, legal persons and other organizations to limit the civil rights of, People's Republic of China people's Court on civil rights of citizens, businesses and organizations in the country, the implementation of the principle of reciprocity.
The sixth jurisdiction exercised by the people's courts in civil cases.
The people's Court to try civil cases independently in accordance with law, not subject to interference by any administrative organ, public organization or individual.
Seventh people's court trying civil cases, should be based on facts and take law as the criterion. Article eighth civil litigants have equal procedural rights.
People's court trying civil cases, shall ensure and facilitate exercise of the right of action, for equality in the application of law by the parties.
Nineth people's court trying civil cases should be based on the principles of voluntary and legal mediation; mediation fails, judgment in a timely manner.
The tenth people's court trying civil cases, collegial panel in accordance with law, avoidance, public trial, and two degrees.
11th the citizens of all nationalities to use their national language and written to the right.
In areas inhabited by minorities or ethnic groups, the people's Court should be used by the local nationalities General language, conduct hearings and issue legal documents in text.
Commonly used by the people's Court is not familiar with the local ethnic languages, translating text of the participants in the proceedings.
12th people's court trying civil cases, the parties have the right to proceed to a debate.
13th civil procedure should follow the principle of good faith.
Within the scope of legal provisions, a party is entitled to dispose of their civil rights and procedural rights.
14th people's procuratorates shall have the right to exercise legal supervision over civil litigation.
15th State organs, social organizations, enterprises and institutions of State, collective or individual civil rights acts, can be supported by units or individuals for damage to the people's Court. 16th people's congresses of national autonomous areas according to the principles of the Constitution and the law, combined with the specificities of local peoples, develop alternative or supplementary provisions. Provisions of an autonomous region, reported to the Standing Committee of the national people's Congress for approval.
The provisions of autonomous prefectures and autonomous counties, provinces or autonomous regions approved by the Standing Committee of the national people's Congress, and reported to the Standing Committee of the national people's Congress for the record.
Chapter II jurisdiction
First jurisdiction
17th basic people's courts have jurisdiction in civil cases of first instance, unless otherwise provided for in this law.
18th intermediate people's Court of jurisdiction of the following civil cases of first instance:
(A) the major foreign-related cases;
(B) have a significant impact in the area of case;
(C) determined by the intermediate people's Court of the jurisdiction of the Supreme People's Court.
19th higher people's Court shall have a significant impact in the areas under their jurisdiction the jurisdiction of the first instance civil cases.
20th the Supreme People's Court jurisdiction of the following civil cases of first instance:
(A) in cases of great impact across the country;
(B) deemed by the Court to hear the cases.
Section II jurisdiction
Article 21st of citizen's civil suit, the defendant has his domicile shall be under the jurisdiction; the defendant's domicile and habitual residence are inconsistent, the habitual residence shall have jurisdiction.
Civil lawsuit brought against a legal person or other organization, where the defendant has his domicile shall have jurisdiction.
Several of the same proceedings the defendant has his domicile, place of habitual residence in the jurisdiction of two or more people's courts, the people's courts shall have jurisdiction.
22nd article of the following civil actions, the plaintiff has his domicile shall be under the jurisdiction; the plaintiff has his domicile and habitual residence are inconsistent from the plaintiff's habitual residence shall have jurisdiction:
(A) is not in the People's Republic of China residing within the territory of the proceedings concerning the status of persons;
(B) whose whereabouts are unknown or missing litigation concerning the status of persons;
(C) proceedings are taken on compulsory educational measures proceedings;
(D) commence proceedings against the prison.
23rd action over a contract dispute, the defendant has his domicile or place of performance of the contract shall have jurisdiction.
24th due to lawsuit brought on a dispute of the contract of insurance, the domicile of the defendant or the subject-matter is located shall have jurisdiction.
25th action Bill dispute, where the Bill is paid or where the defendant is domiciled shall have jurisdiction.
Article 26th because of company establishment, recognized qualification, distribution of profits, dissolving the lawsuit brought on a dispute, by the company's domicile shall have jurisdiction.
27th by railway, road, water, air and joint action brought on a contract dispute, the shipping origin, destination, or where the defendant has his domicile shall have jurisdiction.
28th due to infringement litigation, tort is committed or where the defendant is domiciled shall have jurisdiction.
29th by a railway, road, water and air accident damages lawsuit brought, by accident or the vehicle or ship first docked aircraft first landed or where the defendant is domiciled shall have jurisdiction.
30th due to collision or other maritime accident damage compensation suit, occur collisions, collisions with ships first arrived, against ships are detained, or where the defendant has his domicile shall have jurisdiction.
31st action cost of salvage, rescue or salvage ships first arrived shall have jurisdiction.
Article 32nd action general average, the ship first arrived, general average adjustment or shall be under the jurisdiction of the voyage ended.
Article 33rd following cases, exclusive jurisdiction by the Court under this article:
(A) lawsuit brought on a dispute over real estate, and the estate is located shall have jurisdiction;
(B) because of lawsuit brought on a dispute over port operations, the port is located shall have jurisdiction;
(C) inheritance lawsuit brought on a dispute, when by the death of a citizen has his domicile or main heritage is located shall have jurisdiction.
Article 34th contracts or property rights and written agreement of the parties to a dispute may choose the defendant's domicile, contract performance, contract signing, where the subject matter of the plaintiff's domicile, place of actual contact with the dispute shall have jurisdiction, subject to the provisions of this law on the jurisdiction and the exclusive jurisdiction.
35th when two or more people's courts have jurisdiction over the lawsuit, plaintiffs can contribute to one of the courts; plaintiff's Court the jurisdiction of two or more, by the first filing shall have jurisdiction.
Section III transferred jurisdiction and specifies jurisdiction Article 36th Court found admissible, the case does not belong to its jurisdiction, it shall refer the court having jurisdiction, the people's Court shall accept.
Custody of the people's Court deems the cases in accordance with the provisions of the transfer does not belong to its jurisdiction, shall be submitted to the jurisdiction of the superior people's Court shall not be transferred individually.
37th article of the court having jurisdiction for special reasons, is unable to exercise jurisdiction, by the higher people's Court to exercise jurisdiction. Event of a jurisdictional dispute between the people's Court, by the disputing parties settled cannot be so resolved, report to their superior people's Court to exercise jurisdiction.
Article 38th superior people's Court has the right to lower people's courts of the first instance civil cases; it is necessary the jurisdiction of an inferior court in civil cases of first instance, shall be submitted to the higher people's Court for approval.
Lower-level people's Court on the jurisdiction of courts of first instance in civil cases, considered necessary by the higher people's Court, can be reported to the higher level people's Court.
Chapter III judicial organization The 39th people's court trying civil cases of first instance, by the judges and assessors form a collegial panel or by a collegial panel of judges.
The full membership must be an odd number.
Apply summary procedure of civil cases heard by a single judge alone.
In carrying out their duties, jurors and judges have equal rights and obligations. 40th Court of second instance in civil cases, a collegial panel of judges.
The full membership must be an odd number.
Remanding the case the trial court a collegial panel shall be formed in accordance with the procedure of first instance.
A case for retrial, originally tried at first instance, in accordance with the procedure of first instance shall form a collegial panel; or superior people's Court of second instance was questioned, in accordance with the procedure of second instance shall form a collegial panel.
41st President of the collegiate bench of the Court or the President shall designate one of their number; President or the Chief Judge to participate in the trial, chaired by the President or the Chief Judge. 42nd Strip collegiate case, the principle of the minority subordinate to the majority. Deliberation, a record shall be kept and signed by the members of the collegial panel.
Different views in the Council must be accurately recorded.
43rd judicial personnel should handle the case impartially.
And his agents ad litem judges shall not accept the parties treat or gift.
Judicial officer corruption, favoritism, perverting, shall be investigated for legal responsibility constitutes a crime, criminal responsibility shall be investigated according to law.
The fourth chapter to avoid
44th judicial personnel have one of the following circumstances shall voluntarily withdraw, the party entitled to verbally or in writing for their withdrawal:
(A) is a party to the case or the parties or law of close relatives;
(B) have a stake in the case;
(Iii) have other relationships with the parties to the case or law, which may affect the fair trial of the case.
Or agent ad litem judges accept the parties treat or gift, or interview a client or agent ad litem in violation of provisions, parties have the right to request him to withdraw.
A judicial officer acts provided for in the preceding paragraph shall be investigated for legal responsibility according to law.
Provisions of the preceding three paragraphs, applies to clerks, interpreters, expert witnesses and inspection personnel.
45th Parties applying for withdrawal shall state the reasons, raised at the beginning of the proceedings; withdrawal cause know after the beginning of the proceedings, be submitted before the end of the Court debate.
Person who has been requested to withdraw before the people's Court shall make a decision on whether to avoid shall suspend the work involved in the case, but the case except for the need to take urgent measures.
Withdrawal of the presiding judge who is President of the 46th, decided by the Judicial Committee; the judge avoided, decided by the President; others avoided, by the presiding judge to decide. 47th court challenge put forward by the parties to the application shall be filed in the 3rd, orally or in writing to make a decision. The applicant disagrees with the decision, you can receive a decision may apply for reconsideration once. During the time of reconsideration was requested to withdraw personnel, did not stop his participation in the proceedings.
People's Court on the application for reconsideration, shall make a reconsideration decision within the 3rd, and notify the applicant.
The fifth chapter participants in proceedings
Section I the parties
48th citizens, legal persons and other organizations can be parties to a civil action. Legal persons by their legal representatives in the proceedings.
Other organizations by their principal heads in the proceedings.
49th the parties have the right to appoint agents, applying for the withdrawal, collection, provide evidence, debates, request mediation, filing an appeal, application for enforcement. Parties may have access to materials related to the case, and you can copy the material and legal documents pertaining to the case.
Consulting and copying materials pertaining to the case and the scope of provisions formulated by the Supreme People's Court.
Parties must exercise their litigation rights in accordance with law, comply with the court order, carry out legally effective judgments or orders and conciliation statements.
50th parties may of their own accord. 51st the plaintiff may abandon or change his claims.
The defendant may admit or refute his claims, the right to bring a counterclaim.
52nd one or both of the parties to two or more persons, which is the subject of a common, or the object is of the same category, the people's courts can consolidate and agreed by the parties, for joint action.
Joinder of a party to the action is the subject of common rights and obligations, one of the judicial Act recognized by other joint action on other joint action take effect; have no common rights and obligations to the litigation, prosecution of one of the other joint action does not come into force. 53rd party a large number of joint action and representatives selected by the parties in the proceedings.
Representative acts on the effectiveness of the parties they represent, they represent change, waiver of claims or the claims of the other party, reconciliation, approval must be representative of the party.
54th object is of the same category, the number of parties when a large number of an action has not yet been determined, the people's Court may issue a public notice, indicating the circumstances of the case and request, notifies the right holder to register with the Court within a given period.
Right holders may elect representatives registered with the Court in litigation; not elected representatives of the people's Court representative agreed with the rights holders participating in the registration.
Representative acts on the effectiveness of the parties they represent, they represent change, waiver of claims or the claims of the other party, reconciliation, approval must be representative of the party. Court judgment or ruling to all rights holders participating in the registration takes effect.
Period of limitation did not participate in the registration of a person in the proceedings, the judgment or ruling shall apply.
55th to pollute the environment, infringement of legitimate rights and interests of many consumers and harm the public interest, law and related organizations may initiate litigation to the people's Court.
56th on the proceedings for the parties, third party considers that there are independent claim, the right to bring suit. Litigation for both parties, although there is no independent claim of the third party, but the outcome of the case and he has a legal interest, may apply to participate in the proceedings or by the people's Court shall notify him to participate in the proceedings.
Court judgments shall bear civil liability to third persons, the rights and obligations of the parties. Qian two paragraph provides of third people, for cannot return accountability Yu I of causes not participate in litigation, but has evidence proved occurred legal effectiveness of judgment, and ruled, and mediation book of part or all content errors, damage its civil interests of, can since know or should know its civil interests by damage of day up six months within, to made the judgment, and ruled, and mediation book of Court filed litigation.
People's Court trial, claims is established, shall amend or revoke the original judgment or written order, mediation books claim does not stand, dismissed the claim.
Section II of agent ad litem The 57th person with no legal capacity by his guardian as the legal representative to represent him in litigation.
The statutory agents try to their responsibilities, by the people's Court shall appoint one of them to represent him in litigation.
58th each party or legal representative may entrust one or two persons to act as agent ad litem.
The following persons may be entrusted as an agent ad litem:
(A) lawyers, grassroots legal service workers;
(B) the litigant's close relative or staff;
(C) parties related to communities, organizations and social groups recommended citizens.
59th delegate to represent him in litigation must be submitted to the Court by power of Attorney of the client signature or seal. A power of Attorney must specify the matters entrusted and the permissions.
An agent ad litem recognition, renunciation, change his claims on his behalf, reconciliation, counterclaim or an appeal, must have the special authorization of the client.
Residing abroad People's Republic of China citizens from mailed or delivered by a power of Attorney, must be approved by the People's Republic of China made the Chinese Embassy or Consulate in the country; no embassy or Consulate, from People's Republic of China diplomatic relations of third countries makes the Chinese Embassy or Consulate in the country, then by People's Republic of China made the Chinese Embassy or Consulate in the third country, or be certified by local overseas Chinese groups.
60th agent permissions if you change or terminate, the party concerned shall notify the people's Court, and the Court shall notify the other party. 61st litigation lawyers and solicitors are entitled to investigate and collect evidence, may have access to materials related to the case.
Access to materials pertaining to the case and the scope of provisions formulated by the Supreme People's Court.
62nd divorce case has an agent ad litem, other than I can express the meaning of should still appear in court; unable to appear in court because of special circumstances, must submit to the Court written observations.
The sixth chapter of evidence
63rd lines of evidence include:
(A) the statements of the parties;
(B) documentary evidence;
(C) physical evidence;
(D) audio-visual material;
(E) electronic data;
(F) the testimony of witnesses;
(G) expert opinion;
(H) records of inspection.
Evidence must be verified, as the basis for ascertaining the facts.
64th party for their own claims, has the responsibility to provide evidence.
Party and his agents ad litem for objective reasons cannot be collected evidence, or evidence of the people's Court deems the case needs, the people's Court shall investigate and collect.
The people's Court shall, in accordance with legal procedures, examine and verify evidence comprehensively and objectively.
65th party claim shall promptly provide evidence against himself. According to the claims of the parties and the people's court cases, to determine a party's evidence should be provided and its duration. There is difficulty in providing evidence of the parties in that period, may apply to the Court to extend the deadline, people's Court according to the party's application for the appropriate extension. Overdue to give evidence by the parties, the people's Court shall order the reason who refuses to give reason or argument is not valid, the people's Court according to the different situations can not accept the evidence, be admonished, fined or admitting the evidence.
66th Court received evidence submitted by the parties, shall issue a receipt, name, number of pages of written evidence, the number of copies, originals or copies and received time and signed or sealed by the person in charge.
67th Court is entitled to the units and individuals concerned investigation and evidence collection, relevant units and individuals shall not be refused.
Court references to relevant units and individuals shall distinguish the authenticity, examine and determine its effectiveness. 68th evidence shall be produced in court and cross-examined by the parties.
Relating to evidence of State secrets, business secrets and personal privacy which should be kept confidential, you need to show to the Court, during the public hearing shall not be present.
69th legalization of legal facts through legal procedures and instruments, the people's Court as the basis for ascertaining the facts, but there is evidence to the contrary, sufficient to overturn legalization of the excluded. 70th article submitted as evidence must be original. Physical evidence should be original.
Present the original document or the original is really difficult, you can submit the reproductions, photographs, copies of or extracts.
Submitted to the foreign-language documentary evidence, must be accompanied by a Chinese translation.
71st Court audio material shall distinguish, and combined with the other evidence in the case, determine whether as the basis for ascertaining the facts. 72nd the units and individuals who know the circumstances of the case, have an obligation to testify.
Authorities should support the head of the witness to testify.
Can't properly express the meaning of the person shall not testify. The 73rd after notification by the people's Court, witnesses should testify in court.
Any of the following circumstances, after the people's Court, by means of written testimony, audio and video transmission technologies testify or audio-visual material or any other means:
(A) not to appear in court for health reasons;
(B) due to distance, traffic cannot go to court;
(C) due to force majeure such as natural disasters, cannot go to court;
(D) other justified not to appear in court. 74th witnesses due to testify in courts discharge obligations incurred in transportation, accommodation, meals and other costs as well as lost, borne by the losing party.
Parties apply for witness, by the party to advance party did not apply for, the people's Court shall notify the witness to testify, by the people's Court to advance.
Article 75th on the statements of the parties, it should be combined with the other evidence in the case, determine whether as the basis for ascertaining the facts.
Rejected statements by the parties, without prejudice to the Court facts from the evidence. 76th parties may ascertain the facts of the special issues apply to the peoples Court.
A party applies for identification, determined through consultation by the parties qualified appraiser through consultation, designated by the people's Court.
Parties fail to apply Court specifically considered the issue of need identification, shall entrust a qualified appraiser for appraisal.
77th identified expert has the right to know the case materials required and, if necessary, may question parties and witnesses.
Experts shall submit a written expert opinion, when the certificate is signed or sealed. 78th party expert opinion disagrees with or people's Court considers that an appraiser need to appear in court, experts testify.
After notification by the people's Court, expert witness refused to testify, the expert opinion shall not be as the basis for ascertaining the facts; identify parties may claim a refund of the cost of appraisal costs to pay.
79th expertise people may apply to the people's Court shall notify the parties to appear in court, 's expert opinion on the expert or professional advice. 80th inspection of physical evidence or site, the inspector must show the people's court documents and local grass-roots organizations or units represented in the parties.
A party or an adult member of his family shall be present, refused to be present, it does not affect the investigation.
Units and individuals upon notification by the people's Court, has an obligation to protect the site and assist in the inspection.
The inspector shall make a written record of the examination and result, signed by the Inspector, and was invited to the parties or seal.
81st after that evidence may be destroyed or lost or difficult to obtain case, a party may apply to the peoples Court in legal proceedings to preserve evidence, the people's courts can also take the initiative to take measures of Conservancy.
Due to the urgency of the situation, in the context of that evidence may be destroyed or lost or difficult to obtain later, the interested person can bring an action or application to the evidence before the arbitration seat and respondent's domicile or has jurisdiction over the case of the people's Court for preservation of evidence.
The preservation of evidence in other programs, reference to the relevant provisions of this law shall apply to the Nineth preservation.
During the seventh chapter, served on
During the first quarter
The 82nd during the period includes the period prescribed and specified by the people's Court. Period calculated by the hour, day, month, and year.
During the time and day, not counting the period.
Period expires on the last day of a holiday, and holidays during the first day after the expiration date.
Time period shall not include traveling time, litigation documents mailed before the expiration and is not expired.
83rd parties due to causes of force majeure or other justified reason, the time period, in the 10th after the obstacle is removed, you can apply for extended period if, by the people's Court.
Section II serve
84th litigation documents must have a certificate of service, by the addressee in the certificate of service is written the date of receipt, signed or sealed.
Addressee in the receipt date on the certificate of service for service. 85th litigation documents, should be sent directly to the recipient of the service.
By served people is citizens of, I is not make he of with live adult family sign; by served people is corporate or other organization of, should by corporate of statutory representative people, and other organization of main head or the corporate, and organization is responsible for received pieces of people sign; by served people has agent of, can sent its agent sign; by served people has to court specified generation received people of, sent generation received people sign.
Addressee of the adult members of their families who live with, the person of the legal person or other organization responsible for receiving documents, agent ad litem or receiver in the certificate of service date of receipt as the date of service.
86th article by served people or he of with live adult family refused to received litigation instruments of, served people can invited about grass-roots organizations or where units of representative scene, description situation, in served back card Shang remember Ming rejected causes and date, by served people, and witnesses signature or sealed, put litigation instruments left in by served people of residence; also can put litigation instruments left in by served people of residence, and used photo, and video, way records served process, that considered served.
87th weather service agreed that the Court may use fax, e-mail to confirm its receipt of litigation documents, but the judgment and order book, except for the mediation.
Served by the preceding paragraph, by fax, email reaches the addressee, such as a specific system date is the date of service. 88th direct litigation documents difficult, may be entrusted to another court service, or may be served by post.
Service by post, date is stated on the receipt date of service.
89th served in the military, through their respective political organ above regimental units.
90th person imprisoned, transmitted by their supervisor.
Addressee is taken of the compulsory educational measures, transmitted through their compulsory education institutions.
91st article referred to the organs and entities on his behalf upon receipt of litigation documents, make the addressee must immediately sign, to sign off on the certificate of service date for service. 92nd addressee unknown, or as otherwise provided for in this section cannot be served by, and service by publication.
Spontaneous announcement date, after 60 days, the service shall be considered.
Service by publication, shall be recorded in the files of the reasons and after.
The eighth chapter mediation
93rd court hearing civil cases, according to the principle of voluntary, in fact on the basis of clear, distinguish right from wrong, to mediate.
94th Court conducts conciliation, presided over by a judge or a person, or by a collegiate bench, and locally whenever possible.
People's Court conducts conciliation, may use simplified methods to notify the parties and witnesses. 95th Court conducts conciliation, units and individuals could be invited to assist.
Units and individuals invited shall assist the Court mediation. 96th conciliation agreement must be voluntary, not forced.
Content of the conciliation agreement shall not be in violation of the law. The 97th a conciliation agreement, the people's Court of mediation.
The conciliation statement shall clearly state the claims, the facts of the case and the result of the conciliation.
Mediation agreement signed by the judge and the court clerk, sealed by the people's Court, and served on both parties.
After mediation by both parties to sign, which has the force of law.
98th cases following a conciliation agreement, the people's Court may not mediation:
(A) the divorce case become reconciled after conciliation;
(B) conciliation maintain adoption cases;
(C) to immediately discharge cases;
(D) other cases requiring mediation.
Does not require a conciliation agreement shall be entered into the record, signed by both parties, the judges and the court clerk or sealed, shall have the force of law.
99th mediation no agreement or written conciliation to the side before turning back, the people's Court judgment in a timely manner.
Nineth part to preserve and advance the implementation
100th people's Court for behavior may be due to the other party or other reasons, are difficult to execute, or cause other damage cases by the parties, according to the request of the other party, can be found on their property for preservation, ordered to make a certain act or prohibit the Commission of a certain act; parties do not apply, the people's Court in order to adopt protective measures when necessary.
Preservative measure against the people's Court may order the applicant to provide security, the applicant fails to provide security and determined to reject the application. The people's Court accepted an application, if the case is urgent, must be made within 48 hours of order; order to adopt security measures, should be started immediately.
101th interested due to the urgency of the situation, do not immediately apply for preservation will cause irreparable damage to their legitimate rights and interests, can be sued or apply for arbitration to be preserved is the place where the property, being the domicile or has jurisdiction over the case of the people's Court for preservative measure.
The applicant must provide security and fails to provide security, ruling that rejected the application.
The people's Court accepted an application, must be made within 48 hours of order; order to adopt security measures, should be started immediately.
Applicants in the people's Court to take protective measures in the 30th after law filed or applying for arbitration, the Court shall cancel the reservation.
The 102th preservation shall be limited to the request's scope, or property in connection with the case. 103th property preservation to take sealing up, distraining, freezing or other methods prescribed by law.
After the people's Court for preservation of the property, it shall immediately notify the preservation of the property of the person.
Property has been seized or frozen, shall not be sealed up or frozen.
104th property disputes, were the applicant to provide security, the people's Court shall rule to cancel the preservation.
105th application has an error, the applicant shall compensate the losses suffered by the applicant because of.
106th court following the case, upon application of the parties, order execution:
(A) recovery of maintenance, maintenance or upbringing, pensions, health care costs;
(B) remuneration of recourse;
(C) the urgent circumstances that require advance execution.
107th Court advance execution, shall comply with the following conditions:
(A) the relationship of rights and obligations between the parties, no advance execution would seriously affect the applicant's life or production operation;
(B) the respondent to comply. The people's Court may order the applicant to provide security, the applicant fails to provide security, to reject the application.
The applicant loses the lawsuit, shall compensate the loss of property due to prior execution of the applicant. 108th to preserve or advance execution by the parties with the ruling, he may apply for reconsideration once.
Reconsideration of the order shall not be suspended during the execution.
The tenth chapter of compulsory measures against impairment of
109th Court defendants must appear, twice by a summons, without any justified reason, refuses to appear, you can summon.
110th participants in the proceedings and other persons should comply with court rules.
People's Court for violations of the rules of court and may be admonished, ordered out of the Court, or to a fine or detention.
People's Court to give rise to, Court, insult, slander, threats, assault and judicial personnel, those who seriously disrupt the order of the Court, criminal responsibility shall be investigated according to law; minor, fines or detention.
111th a participant or any other person of any of the following acts, court may be fine, depending on the seriousness of the detention constitutes a crime, criminal responsibility shall be investigated in accordance with law:
(I) forging or destroying important evidence, hinder the Court;
(B) by means of violence, threats or subordination to prevent a witness testimony, or instigating, suborning, or coercing others to commit perjury;
(C) concealing, transferring, selling or destroying had been sealed up or seized property, or the property has been inventoried and ordered to keep and transfer of frozen assets;
(Iv) judicial officers, participants in the proceedings, witnesses, interpreters, expert witnesses and inspection personnel who assist in the execution of, insult, slander, framing, beating, or retaliation;
(E) by means of violence, threats or other means to hinder judicial officers to perform their duties;
(F) refusing to carry out legally effective judgments or orders of the people's Court.
Court of any of the acts provided for in the preceding paragraph, the main responsible person or persons can be fine or detention constitutes a crime, criminal responsibility shall be investigated according to law.
112th malicious collusion between the parties, through litigation, mediation and other means violate the legitimate rights and interests of others, the people's Court shall reject the request, and depending on the seriousness of their fines, detention, constitute a crime, criminal responsibility shall be investigated according to law.
113th execution by colluding with others, through litigation, arbitration, mediation and other means of evading legal obligations established by the instrument, the people's Court should be fine, depending on the seriousness of the detention constitutes a crime, criminal responsibility shall be investigated according to law.
The 114th to assist investigations, the unit has performed the following acts, court ordered to assist removal obligation, and can be fine:
(A) the authorities refuse or impede the court investigation;
(B) the authorities after receiving the notice of people's Court to assist in the implementation, refusing to assist in the search, seizure, freezing or transfer, sell property;
(C) the authorities after receiving the notice of people's Court to assist in the implementation, refused to help detain the person subjected to execution of revenue, registration certificates of property rights transfer procedure, referred to the relevant ticket, license, or other property;
(D) refuse to assist in the implementation.
Court of any of the acts provided for in the preceding paragraph, the main responsible person or persons can be fine; still does not perform the obligation of assistance, can be detained and can contribute to the supervisory organ or the organ concerned disciplinary administration of Justice recommendations. 115th on personal fines, less than RMB 100,000 yuan.
Fines for units, less than RMB 50,000 yuan and 1 million Yuan.
The period of detention, to 15th. Detained people, by the people's courts to police custody.
While in detention, the detainee admits and corrects his mistakes, the people's Court may decide to rescind the detention.
116th summon, fines, detention shall be subject to the approval of the President.
Issue a summons. Written decision on fines, detention should be used. Not satisfied with the decision, can higher people's Court for review.
Not be suspended during the period of reconsideration. 117th taken compulsory measures against impairment of civil action must be decided by the people's Court.
Any unit or individual to take illegal detention of others or illegal seizure of property without permission recourse debt, shall be investigated for criminal liability, or detention, fine.
The 11th chapter of litigation costs 118th party to civil proceedings shall, in accordance with the provisions to pay court costs.
Property cases in addition to pay court costs, and to pay other fees in accordance with the provisions.
Parties to pay litigation costs is difficult, and may, in accordance with the provisions applying to the Court to postpone, reduce or exempt.
Charge litigation costs shall be formulated separately.
Part II proceedings
The 12th chapter XII ordinary procedure
First prosecution and admissibility
119th prosecutions must meet the following criteria:
(A) the plaintiff, and has a direct interest in the case of citizens, legal persons and other organizations;
(B) clear the defendant;
(C) specific claim and the facts and reasons;
(D) belong to the people's Court accepted the scope of civil litigation and appellate jurisdiction.
120th prosecution should be submitted to the Court a bill of complaint and copies according to the number of defendants.
Complaint in writing is difficult, oral complaint by the people's Court recorded and inform the other party.
121th complaint shall record the following:
(A) the plaintiff's name, sex, age, nationality, occupation, work, residence, contact, legal person or other organization's name, residence and legal representative or principal responsible of the names, positions and contact information;
(B) the defendant's information such as name, gender, work, shelter, legal person or other organization names, addresses and other information;
(C) the claim and the facts and reasons on which;
(D) the evidence and sources, names and addresses of witnesses.
122th parties sue to the people's Court of civil disputes, suitable for mediation, conciliation, except the party refuses mediation. 123th courts shall insure the prosecution of rights enjoyed by parties in accordance with the law. Meets 119th prosecution of this law, must be accepted.
Meet the conditions for prosecution shall be filed in the 7th, and notify the Parties accordingly; does not meet the conditions, and shall make an order in the 7th book, inadmissible; the plaintiff is dissatisfied, he may appeal.
124th Court on the following prosecutions, respectively, to deal with:
(A) in accordance with the provisions of the administrative procedure law, belongs to the scope of accepting cases of administrative litigation, inform the plaintiff in administrative litigation;
(B) in accordance with the law, the parties reached a written arbitration agreement applies for arbitration or a lawsuit, inform the plaintiff applies for arbitration to the arbitration body;
(C) in accordance with the law, the controversy should be dealt with by other bodies, shall advise the plaintiff to apply to the relevant authorities to solve;
(D) cases do not fall within its jurisdiction, the Court shall advise the plaintiff to have jurisdiction to prosecute;
(E) on any judgment, Decree, mediation has the force of law cases, party and sued, and informed the plaintiff applied for a retrial, but except for the Court to allow withdrawal of the ruling;
(F) in accordance with the law, shall not be prosecuted within a certain period of the case, shall not be prosecuted within the period of prosecution inadmissible;
(VII) judgment divorce divorce cases and become reconciled after conciliation, judgment, mediation to maintain of adoption cases, no new conditions and new reasons, plaintiffs sued again in six months, is not admissible.
Section II getting ready for a trial 125th Court shall from the date of filing the 5th sends the copy of the complaint to the defendant, the defendant shall, on the 15th, the date of receipt in the Rejoinder. Pleadings should specify the defendant's name, sex, age, nationality, occupation, work, residence and contact; name of the legal person or other organization, shelter and legal representative or principal responsible of the names, positions and contact information.
The people's Court shall, from the date of receipt of the reply will reply, send a copy to the plaintiff within the 5th.
The defendant does not submit a defence shall not affect the Court. 126th people's Court decides to accept the case, should accept a case notices and notice of respondence to action to inform the proceedings relating to the rights and obligations of the parties, or verbal.
127th after the people's Court has accepted the case, the party has objections to the jurisdiction should be made during the filing period. People's Court to the objections put forward by the parties, should be reviewed.
The objection is established, decisions to transfer the case to the court having jurisdiction; opposition not established, shall be rejected.
Jurisdictional objections had been filed by the parties, and the respondent replied, as a people's Court has jurisdiction, but violate the provisions of jurisdiction and the exclusive jurisdiction of the excluded.
After the 128th collegial determines, it shall inform the parties within the 3rd.
The 129th judicial personnel must carefully examine the case materials and surveys to collect the necessary evidence.
130th court personnel to conduct investigations, shall be filed with the person under investigation to produce documents.
Investigative records were checked by investigators, signed by the person under investigation and the investigation or seal.
131th people's courts may appoint a court investigation in the field, if necessary. Surveys, project and requirements must be clear.
The entrusted people's Court can take the initiative to conduct supplementary investigations. The entrusted people's Court after receiving the instructions should be completed in the 30th investigation.
Could not be completed, should inform the entrusting people's Court within the time limit mentioned above.
132th must parties do not participate in the proceedings of the joint action, the people's Court shall notify him to participate in the proceedings.
133th Court to accept the case, respectively, to deal with:
(A) the parties do not dispute, meet the conditions prescribed supervision procedure, could be transferred to the supervision procedure;
(B) a court mediation, mediation to resolve disputes in a timely manner;
(C) the circumstances of the case, determine the applicable summary or ordinary procedure;
(D) the required hearing, by requiring that parties, such as the exchange of evidence for clear focus.
Section III hearing
134th court hearing civil cases, involving State secrets, personal privacy or otherwise provided by the law, should be open to the public.
In divorce cases, and cases involving trade secrets, the Parties apply for not hearing, can not be heard in public.
135th court hearing civil cases, tour to hear them if needed, and handling. 136th people's court trying civil cases should be in court by 3rd parties and other participants in the proceedings.
Public hearings, it shall publicize the party name, case, and the time and place of the hearing.
137th before trial, the Court Clerk shall identify the parties and other participants in the proceedings are to appear, declare the Court of discipline.
During the hearing, the presiding judge shall check the parties and announce, announce the list of judges, clerks, and inform the proceedings relating to the rights and obligations of the parties, asked whether the party applying for the withdrawal.
138th court investigation in accordance with the following order:
(A) the statement of the parties;
(B) inform the witnesses of their rights and obligations, witness, witness testimony read out the absentee;
(C) the presentation of documentary evidence, material evidence and audio-visual material and electronic data;
(D) read the expert opinion;
(E) read the transcripts.
139th where new evidence can be presented in court.
Party with leave of the Court, you can put questions to witnesses, expert witnesses and inspectors.
Ordered a new investigation, expert evaluation or inspection by the parties whether to approve, by the people's Court.
140th additional claims by the plaintiff, the defendant counterclaims, claims of third persons related to the case, you can join.
141th Court debate in accordance with the following order:
(A) the statement the plaintiff and his agents ad litem;
(B) the defendant and his agents ad litem reply;
(C) the third party and his agents ad litem to speak or reply;
(D) debate with each other.
End of court debate, the presiding judge shall according to the plaintiff, defendant or third party order consulting final opinion of the parties. 142th article Court end, shall make a decision.
Prior to mediation, mediation can also, in case of a dispute, judgment in a timely manner.
The 143th a plaintiff, having been served with a summons, without any justified reason, refuses to appear, or without the permission of the Court courtroom, can withdraw treatment of the defendant's counterclaim, judgment by default.
144th a defendant, having been served with a summons, without any justified reason, refuses to appear, or without the permission of the Court he leaves, may make a judgment.
145th article before a judgment plaintiffs application for withdrawal of the permit by the people's Court ruling.
People's Court does not permit withdrawal of the plaintiff, having been served with a summons, without any justified reason, refuses to appear, may make a judgment.
146th under any of the following circumstances, the trial could be postponed:
(A) must appear in the parties and other participants in the proceedings is justified does not appear;
(B) temporary in applying for the withdrawal of the parties;
(C) necessary to summon new witnesses, obtain new evidence, a new expert, Inspector, or the need for a supplementary investigation;
(Iv) other circumstances that warrant the extension.
147th court clerk shall make written record of all court proceedings, signed by the judge and the court clerk. The court record shall be read out in court, or you can inform the parties and other participants in the proceedings in court or read in 5th. The parties and other participants think about their statements recorded omissions or errors, the right to apply for corrections.
If not corrected, the application shall be recorded. The court record signed or sealed by the parties and other participants in the proceedings.
Refusing to sign seal, the attached written volumes.
148th people's court case to public hearing or not hearing, shall be pronounced in public.
Rjc, should send the judgment in the 10th regularly pronounced, issued immediately after the pronouncement of the judgement.
When the pronouncement of a judgment must be informed of his right to appeal, appeal and appeal courts.
Declaration of divorce, you must inform the parties not to remarry before the judgment becomes legally effective. 149th case before the people's courts applying general procedure, shall, within six months from the day of filing the case.
There are special circumstances need to be extended, and approved by the President of the Court, can be extended for another six months, also need to be extended, report to the superior people's Court for approval.
The fourth lawsuit to suspend or terminate
150th under any of the following circumstances, suspension of proceedings:
(A) one of the parties dies, you need to wait for the successor to indicate whether they participate in the proceedings;
(B) loss of legal capacity of a party and legal representative has not been determined;
(C) legal persons or other organizations as one of the parties terminates and successor rights and obligations has not been determined;
(D) a party due to causes of force majeure, unable to participate in the proceedings;
(E) the present case must be based on the outcome of another case, and the other before the Court;
(Vi) other circumstances that warrant the suspension of proceedings.
After the Elimination of the causes of the suspension, the proceedings shall resume.
151th under any of the following circumstances, to terminate the action:
(A) the plaintiff dies without a successor, or successors to give up the rights of the
(B) the defendant dies, no estate, nor shall be liable for obligations of the person;
(C) the divorce case of one of the parties dies;
(D) recovery of maintenance, maintenance or upbringing, as well as cases of adoptive relationship is one of the parties dies.
Fifth section of judgments and orders 152th judgement shall clearly state the decision and the reasons for the decision.
Judgments include:
(A) the cause of action, claim, dispute the facts and reasons;
(B) the facts and reasons for judgment, the applicable law and reason;
(C) the decision and the burden of litigation costs;
(D) appeal and the Court of appeal.
The judgment signed by the judge and the court clerk, sealed by the people's Court.
153th Court, some of the facts are clear, the first judgment.
154th ruling applies to the following ranges:
(A) is inadmissible;
(B) the objection to the jurisdiction;
(C) dismiss the lawsuit;
(D) to preserve and advance execution;
(E) allowing or not allowing the withdrawal;
(F) the suspension or termination of proceedings;
(VII) correct clerical error in the judgment;
(H) suspension or termination of the Executive;
(I) revoke or refuse to enforce an arbitration award;
(J) not to execute a notary gives enforcement effect of debt instruments;
(11) other matters to be decided.
On the first item of the preceding paragraph to the third decision, you can appeal. Decision shall clearly state the verdict and the reasons for the decision. Written order signed by the judge and the court clerk, sealed by the people's Court.
Oral and recorded.
155th judgment or order of the Supreme People's Court, and the law more than appeal denial of appeal or not appeal any judgment, Decree, is legally effective judgments or orders.
156th public can check out legally effective judgments or orders, that involve State secrets, business secrets and personal privacy exception.
The 13th chapter summary
157th basic people's Court and the Court sent it clear facts, rights and obligations clear and simple civil of less controversial cases, application of the provisions of this chapter.
The basic people's Court and it sent the court hearings of civil cases other than those provided for in the preceding paragraph, the parties can also agree to the applicability of summary procedure.
158th on the simple civil cases, the plaintiff may complaint orally. Parties may simultaneously to the grass-roots people's courts or sent it to the Court, requests to resolve the dispute.
Basic people's courts or the court hearing may be immediately dispatched by it, you can also set a date for trial.
159th basic people's Court and the Court sent it a simple civil cases and can use a simple way to summon the parties and witnesses, litigation documents, court cases, but should protect the rights of parties presented their views.
160th simple civil cases heard by a single judge alone, are not subject to this law, the 136th, 138th, 141th restrictions provided for in article. 161th Court summary proceedings the case shall be handled within three months from the date of filing.
The 162th basic people's Court 157th and sent it to the Tribunal in accordance with the method specified in the first paragraph of article simple civil cases and amount for the provinces, autonomous regions and municipalities directly under the 30% of the average annual wage in employment for the last year, the implementation of a trial.
163th people's Court during the trial, found not suitable for summary proceedings ruled to normal procedures.
The 14th chapter of procedure of second instance
164th parties appealed against the judgment of Court of first instance is entitled to from the date of service of the judgment on appeal against the higher level people's Court in the 15th.
Any party dissatisfied with the local Court of first instance ruled that, right from the date of service of the decision on appeal against the higher level people's Court in the 10th. 165th should submit the petition of appeal.
Contents of the petition shall include the names of the parties, legal persons and their legal representative's name or the name of the Organization and its main owner's name; trial court name, number and where the cases of appeal and reason for the request.
166th petition should be proposed by the trial court, and in accordance with the representative of the other party or the number of copies.
Direct appeal to the Court of second instance by the parties, the people's Court of second instance shall transfer the appeal to trial court in the 5th. 167th on the trial court received a complaint, appeal, serve a copy of the other party in the 5th, the other party in a Rejoinder within the 15th day of receipt. Court shall from the date of receipt of the Rejoinder in the 5th copy on the appellant.
The other party does not submit a defence shall not affect the Court.
Trial court receipt of the petition, pleadings, shall, within the 5th along with all documents and evidence, submitted to the Court of second instance.
168th Court of second instance appeal should be the relevant facts and applicable law under review. 169th Court of second instance on appeals shall form a collegial panel to hold a hearing.
After consulting, investigation and asked the party, no new facts, evidence or reason, a collegial panel saw no need for a court, without hearing.
Appeal cases before the Court of second instance, in this House, can also be the case or where the trial court is located.
170th Court of second instance on appeal, after hearing, in accordance with the following conditions, dealing respectively with:
(A) the original judgment or written order finds that facts are clear, applicable law right, dismissed the appeal in a judgment or ruling way, keeping to the original judgment or written order;
(B) the original judgment or ruling to find factual errors or error of law, judgment, ruling according to law to be revised, cancelled or changed;
(C) the original judgment finds that the basic facts are not clear, rescind the original judgment, sent back to the trial court to review or revision after ascertaining the facts;
(D) the original judgment or illegal omission the parties serious violations of statutory procedures such as judgment, deciding to rescind the original judgment, sent back to the trial court for reconsideration.
Trial court to remand the case following the judgment, the parties filed an appeal, the Court of second instance shall not remand once again.
171th Court of second instance to appeal against the Court of first instance ruled that the appeals process will be of use. The 172th appeal cases before the Court of second instance, efforts may be made. A conciliation agreement shall be mediation, signed by the judge and the court clerk, sealed by the people's Court.
After the service of the mediation, the judgment of the trial court is deemed withdrawn.
173th before the Court of second instance judgement, appeal withdrawn appeal, whether to approve the determination by the Court of second instance.
174th appeals to be heard by the people's Court of second instance shall, except in accordance with the provisions of this chapter apply to ordinary procedure of first instance.
175th judgment or order of the Court of second instance, it is a judgment or order of the Court of final appeal. 176th Court appeals against his sentence shall be handled within three months from the date of filing of the second instance.
There are special circumstances need to be extended, and approved by the President of the Court.
Court of appeal cases decided, should be made at second instance within 30th of final rulings.
The 15th chapter of the special procedures
Section I General provisions 177th voter qualification cases, people's Court declared to be missing or death cases, the determination of a citizen without capacity or with limited capacity for civil cases, found that property has been case, confirmed cases in conciliation agreements and implementation guarantees property rights cases, application of the provisions of this chapter.
No provision of this chapter, the relevant provisions of this law and other laws shall apply. 178th cases in accordance with the procedures in this chapter, the implementation of a trial.
Voter eligibility or major, difficult cases tried by a collegial; other cases heard by a single judge alone.
179th process in cases before a people's Court in accordance with the procedures in this chapter, finds the case under civil rights disputes, shall terminate the special procedures, and inform the interested party can sue. 180th cases before the Court applies special procedure shall, from the date of filing the 30th or after expiration of the notice in the 30th after the case. There are special circumstances need to be extended, and approved by the President of the Court.
But the electorate of the trial except in cases of.
Section II voter qualification cases
181th citizen's appeal against the Electoral Commission to the appeals made by the decision of the voters, on election day the 5th district seat of grass-roots people's Court.
182th after the people's Court has accepted the voter qualification cases must be concluded before election day.
Proceedings, prosecutors, representatives and citizens concerned must participate in the Election Committee.
Judgment of the Court shall be served on the Election Commission and the Prosecutor before election day, and concerned citizens.
Section III declared missing, cases concerning the Declaration of disappearance and death
183th citizens unaccounted for at least two years, interested persons to apply for its disappearance, submitted to the domicile of the person missing basic people's courts.
Application shall clearly state the facts, time and request missing, together with public security authorities or other relevant bodies concerning the disappearance of the citizen written proof.
184th citizens unaccounted for for four years, or due to accidents unaccounted for at least two years, or due to any accident is unknown, by the relevant authorities show that the citizens could not survive, interested persons to apply for its death, presented to the domicile of the person missing basic people's courts.
Application shall clearly state the missing facts, time and request, accompanied by public security authorities or other relevant bodies concerning the disappearance of the citizen written proof. 185th Court concerning the Declaration of disappearance, proclaimed after the death, shall issue a notice of the search for the missing people. Missing notices for a period of three months, death notice period is one year.
Due to accidents is unknown, by the relevant authorities show that the citizens could not survive, death notices for a period of three months.
Expiry of the notice period, the people's Court shall, depending on whether the facts declared missing or dead confirmed, declared missing or dead, judgment or to reject the application of the judgment.
186th reappears is declared to be missing or dead citizens, upon his own or interested person to apply for, the people's Court shall make a new judgment, revoke the original judgment.
Fourth section identified cases citizens without civil capacity or with limited capacity for civil conduct
187th application for determination of a citizen without capacity or with limited capacity for civil conduct, their close relatives or other interested party to the basic-level people's Court of residence of the citizen.
The application shall clearly state the civil incapacity or restricted legal capacity and in accordance with. 188th people's Court has accepted the application, requested should be identified as necessary for the incapacity or restricted legal capacity of a citizen for identification.
Applicant has provided expert opinion and expert opinion should be reviewed. 189th section Court found that citizens without civil capacity or with limited capacity for civil conduct cases, should be determined by the close relatives of the citizen as a delegate, but except for the applicant. Close relatives try to, by the people's Court shall appoint one representative.
The citizens ' health conditions permit, should also be asking my opinion.
Been determined by trial application is based on the fact that the people's Court, judgments of the citizen without civil capacity or a person with limited civil capacity; finds that the application is not based on facts, judgment should be dismissed.
The 190th civil conduct according to the people's Court were identified as person, person with limited civil capacity, or his guardian's application, confirmed that the citizens without civil capacity or with limited capacity for civil conduct causes have been eliminated, you should make a new judgment, revoke the original judgment.
Fifth section identified cases property has been
191th apply for the confirmation of property has been by a citizen, legal person or other organization to the place where the property is basic-level people's Court.
The application shall clearly state the type of property, number of required property as ownerless is based. 192th people's Court has accepted the application, upon examination and verification, claim the property bulletin should be issued.
Public notice of unclaimed a year, decisions have found property, State or collectively owned.
Article 193th the judgment after the property has been, the original property owner or heirs appeared, in the period of limitation prescribed by the General principles of civil law property can be requested after the people's Court for examination and verification, should make a new judgment, revoke the original judgment.
Sixth Festival confirmed cases of mediation agreements
194th applying for judicial confirmation of mediation agreements, by the parties in accordance with the people's mediation law, mediation in the 30th after the effective date of the agreement, jointly submitted to the basic people's Court, where mediation organizations.
195th people's Court has accepted the application, upon review, in compliance with the law, ruled that the mediation agreement, party decline or failure to perform, the other party may apply to a people's Court for enforcement; do not conform to the law, ruling that rejected the application, through mediation the parties may change the original settlement agreement or reach a new settlement agreement, or you can initiate litigation to the people's Court. Seventh day realize the real rights for security cases
196th applications achieve the guarantees property rights, by right of security people and others have the right to request the right to security of the person in accordance with property law and other laws to the secured property is located or warranty registration to basic-level people's Court.
197th people's Court has accepted the application, upon review, in compliance with the law, ruling that auction or sale of property, pursuant to the decision by the parties may apply to a people's Court for enforcement; do not conform to the law, ruling that rejected the application, the parties may initiate litigation to the people's Court.
The 16th chapter of the trial supervision procedure
198th people's courts at all levels in our hospital has been legally effective judgments or orders, mediation books, has found that errors, and the need to review, it should be decided before the trial Committee.
Supreme People's Court, local people's courts at all levels have a legally effective judgments or orders, mediation, the superior people's Court of people's courts have been legally effective judgments or orders, mediation books found is definitely incorrect, right to trial or to order the lower court for trial. 199th parties has been legally effective judgments or orders that there was wrong, higher people's Court for retrial; number of party or parties to civil cases, may apply to the trial court for retrial.
Application for retrial by the parties and do not stop execution of the judgment or ruling.
Article No. 200 application meets any of the following circumstances, the people's Court shall retry:
(A) new evidence to overturn the original judgment or written order;
(B) the basic facts of the original judgment or written order identified lack of evidence;
(C) the original judgment or written order the main evidence for ascertaining the facts is false;
(D) the original judgment or written order the main evidence of without facts;
(E) the main cases need evidence for objective reasons cannot be collected by the parties, request the people's Court in writing surveys, the people's Court was not collected;
(F) the law applicable to the original judgment or order is definitely incorrect;
(G) the composition of the trial are not lawful or legally must avoid judicial personnel did not shy away from;
(H) the person with no legal capacity without a legal representative to represent him in litigation or shall participate in the proceedings of the party, not attributable to himself or his agent, did not participate in the proceedings;
(I) in violation of the law, rights of the deprived party debate;
(J) without a summons, judgment;
(11) the original judgment or written order missing or out of his claims;
(12) according to which the original judgment or order cancellation or change of the legal instrument;
(13) when the judge hearing the case has corruption, favoritism and perverts. Article No. 201 has been legally effective mediation, proof that conciliation contrary to voluntary principles or mediation agreement in violation of the law, can apply for a retrial.
Truth of the review by the Court, shall be retried.
Article No. 202 have been legally effective dissolution of marriage judgment, mediation, shall apply for a retrial. Article No. 203 retrial shall submit the application for retrial and other materials. Court shall from the date of receipt of the application for a retrial in the 5th will review a copy of the application sent by the other party. Shall receive a retrial of the other party a copy of the application within 15th of submitting written comments not submitted written comments, does not affect the people's Court for review.
Court may require that the applicant and the opposing party to supplement the material, asking about the matter. Article No. 204 shall be reviewed within three months from the date of receipt of application for retrial, in line with the provisions of this law, ruled that the retrial; not in conformity with the provisions of this law, ruling that rejected the application.
There are special circumstances need to be extended, and approved by the President of the Court. Party applies for a retrial of the cases decided more than by the intermediate people's Court of the people's Court, the parties, in accordance with the law the 199th choice except to grass-roots people's Court for a retrial.
The Supreme People's Court, the High Court ruled that the retrial of the case, by the Court's retrial or make other people's Court for retrial, or trial court retrial.
Article No. 205 retrial shall, within six months after the judgment or ruling which has taken legal effect raised; this Law Article No. 200, third, 12th, 13th and provision situation, knew or should have known that within six months from the date proposed.
Article No. 206 in accordance with the procedure for trial supervision decides to retry a case, ruled to suspend the original judgment or written order, implementation of mediation, but claiming alimony, maintenance or upbringing, pensions, medical care, labor compensation case may not be suspended. No. 207 article Court according to trial supervision program retrial of case, occurred legal effectiveness of judgment, and ruled is by first trial court made of, according to first trial program trial, made of judgment, and ruled, party can appeal; occurred legal effectiveness of judgment, and ruled is by second trial court made of, according to second trial program trial, made of judgment, and ruled, is occurred legal effectiveness of judgment, and ruled; superior court according to trial supervision program questioned of, according to second trial program trial, made of judgment, and
Ruling is legally effective judgments or orders.
The people's court case for retrial, a collegial panel shall be formed.
No. 208, the Supreme People's Procuratorate on the people's courts at all levels has become legally effective judgments or orders, higher people's Procuratorate to lower people's courts have been legally effective judgments or orders, found circumstances as provided in this Law Article No. 200, or find mediation damage national interests, public interests should be challenged.
Local people's procuratorates at all levels to the people's Court at a legally effective judgments or orders, find circumstances as provided in this Law Article No. 200, or find mediation damage national interests, public interests, may appeal to the people's Court at the Prosecutor's recommendation, and reported to the people's Procuratorate at a record also drew attention to the people's Procuratorate at the same level people's Court appeal.
People's procuratorates at all levels in the trial procedure other than the procedure for trial supervision violations judge, is entitled to submit to the people's Court at the Prosecutor's recommendation.
Article No. 209, one of the following circumstances, a party may apply to the people's Procuratorate the prosecution recommendation or protest:
(A) the Court rejects retrial application;
(B) the Court fails to determine applications for retrial;
(C) the second judgment, ruling there is clearly wrong. People's Procuratorate on the party's application for a review shall, within three months, made or not made the prosecution recommendation or protest of the decision.
Once again, the parties may not apply to the people's Procuratorate the prosecution recommendation or protest.
No. 210 people's Procuratorate due to legal prosecution of the oversight responsibilities recommendation or protest the need of third party's investigation or verify the information from the parties.
Article No. 211 people's Procuratorate to lodge a protest against the case, accepted the protest of the people's Court shall on the date of receipt of the written protest within 30th retrial ruling; this law No. 200 of circumstances as provided in the first through fifth, can make the next level people's Court for retrial, but by the people's Court at the retrial of the exception.
Article No. 212 of decision of a people's Court judgment or ruling, mediation books challenged, shall make a written protest.
Article No. 213 people's Procuratorate to lodge a protest against the case, when the people's Court for a retrial, it shall notify the people's Procuratorate sends procurators to the Court.
The 17th chapter and urging procedure
Article No. 214 creditor debtor payment of money, securities, subject to the following conditions, you can apply to the basic people's courts having jurisdiction to pay:
(A) the creditor and the debtor has no other debt disputes;
(B) the order of payment can be served on the debtor.
Application shall clearly state the payment of money or the number of securities and is based on the facts and evidence.
Upon application No. 215 creditors, the people's Court shall notify the creditor within the 5th admissibility.
Article No. 216 after acceptance of the application, after reviewing the facts and evidence provided by the creditor, the debtor-creditor relationship explicit, legitimate, 15th days after acceptance of the payment order issued to the debtor within application does not stand, ruling that rejected.
The debtor shall from the date of receipt of the payment order in the 15th debt, or submit to the Court written objections.
Debtor does not challenge the period prescribed in the preceding paragraph nor complied with the order of payment, the creditor may apply to a people's Court for enforcement.
Article No. 217 after the Court received a written objection from the debtor, upon review, the objection is established, shall terminate the supervision procedure, the payment order shall automatically cease.
Failure of the payment order, into the proceedings, but not party to an application for a payment order except with the consent to initiate proceedings.
The 18th Chapter XVIII programs In accordance with the provisions of Article No. 218 endorsable ticket holders, the instrument was stolen, lost or destroyed, may apply to the basic people's courts of the Bill is to be paid for exhortation.
In accordance with the law other matters can apply for a public summons for exhortation, apply the provisions of this chapter.
Applicants shall apply to the people's court statement, stated par value, invoice people, holder, endorser notes the main contents and the grounds of the application, the facts. No. 219 people's Court decides to accept the application, and shall notify the payer to stop paying, and notice in the 3rd, urging interested parties to declare rights.
Exhortation during the people's Court shall decide according to the circumstances, but not less than 60 days.
Article No. 220 payer receives notification of the people's Court to stop paying, should stop paying, to publicizing the program ended.
Exhortation during the transfer of rights void.
Article No. 221 interested parties should declare to the people's Court during the XVIII.
Upon receipt of the Declaration by the interested the people's Court shall terminate the publicizing programs and notify the applicant and the payer.
The applicant or the applicant can bring a lawsuit. Article No. 222 people, the people's Court shall, in accordance with the applicant's application, render a judgment, declare the Bill void. Judgment shall be publicly announced and notify the payer. From the date of judgment notice, applicant shall be entitled to request payment of the payer.
No. 223 for just cause by the interested not declared to the Court before the sentencing, knew or should have known that decision within one year from the date of the announcement, can contribute to the decision of a people's Court.
Title III program
The 19th Chapter General provisions
Article No. 224 legally effective judgments or orders, as well as the property part of the criminal sentence or order, by the Court of first instance or the Court of first instance carried out property is located at the same level people's Court for execution.
Other legal instruments of the law carried out by the people's Court, the person has his domicile or location of a property execution to execution. Article No. 225, interested parties considered the implementation of acts in violation of the law, is responsible for the implementation of the people's Court to submit written objections. Parties and interested persons to submit written objections, the people's Court shall from the date of receipt of the written complaint reviewed in the 15th, justification, rescind or correct argument invalid, it shall be rejected.
The parties, the interested party who is dissatisfied, can determine the day of service of higher level people's Court for reconsideration in the 10th. Article No. 226 when the receipt of the application for more than six months from the date of implementation of those recommendations not implemented, applications implementation of higher level people's Court for execution.
People's Court at a higher level, upon examination, it may order the original people's Court within a certain period of implementation, or decided by the Court to perform or order other people's Court for execution. In the process of implementation of Article No. 227, outsiders raise written objections to implementation of, the people's Court shall, from the date of receipt of the written complaint reviewed in the 15th, and justification for, order a stay of execution of the subject; be unfounded, it shall be rejected.
Case, the party who is dissatisfied, believe the original judgment or written order errors, in accordance with the procedure for trial supervision; nothing to do with the original judgment or written order, can be found within 15th days of service to the people's court proceedings.
Article No. 228 implementation carried out by the enforcement officer. When taking enforcement measures, the execution officer shall produce their certificates.
After execution, implementation shall make a written record, signed or sealed by the presence of the persons concerned.
According to the people's Court may establish actuator. No. 229 were executed or carried out in the field of property, can be inspected by the local people's Court to carry out. After the entrusted people's Court shall delegate the communications received, you must start in the 15th, and may not refuse.
After execution, implementation of results in a timely manner just fax or telex me the entrusting people's Court should be; if they have not yet been completed in the 30th, inform the entrusting people's Court shall also be performed.
The entrusted people's Court from the date of receipt of the principal communications does not perform in the 15th, the entrusting people's Court can request the entrusted people's Court of the superior people's Court entrusted with the execution of instructions.
Article No. 230 in implementation, the parties reached an agreement of their own accord, implementation agreements should be entered into the written record, signed or sealed by the parties.
Application executor due to fraud, coercion and enforcement reached a settlement agreement, or fails to fulfil the settlement agreement by the parties, the people's Court may upon application of the parties, resume the original effective implementation of legal instruments. Article No. 231 in the implementation, execution by providing guarantees to the Court and sought to enforce agreed, term of the Court may decide to stay the execution and to stay the execution.
Were executed late still does not comply, the Court is authorized to perform the person subjected to execution of property collateral or guarantor. Article No. 232 as the citizen subjected to execution dies, his personal debts.
Termination of execution by legal persons or other organizations, by the person succeeding to its rights and obligations to meet their obligations.
After the completion of Article No. 233, according to execute judgments or orders, and other legal instruments is definitely incorrect, is revoked by court, of the property is executed, the people's Court shall make a ruling, ordered to make property returned; refused to return it and enforce it.
Implementation of Article No. 234 of the conciliation, and apply the provisions of this title.
No. 235 a people's Procuratorate shall have the right to exercise legal supervision over civil enforcement activities.
The 20th chapter application for execution and transfer Article No. 236 legally effective judgments or orders, the parties must perform.
Party refuses to do so, the other party may apply to a people's Court for enforcement, can also be executed by the judge transferred to the Executive. The conciliation statement and other legal instruments shall be executed by the people's Court, the parties must perform.
Party refuses to do so, the other party may apply to a people's Court for enforcement. Section No. 237 of the decision of the arbitral body established by law, a party fails to perform, the other party may apply to the court having jurisdiction for enforcement.
The requested court shall execute.
Respondent submitted evidence that the arbitration award, one of the following circumstances, review by the people's Court shall form a collegial panel to verify, ruled inadmissible:
(A) the parties have not stipulated in the contract arbitration clauses or have not subsequently reached a written agreement on arbitration;
(B) the decision on matters not covered by the arbitration agreement scope or an arbitration institution empowered to arbitrate;
(C) the composition of the arbitration tribunal or the procedure for arbitration violation of legal procedures;
(D) the decision was based on the evidence is forged;
(E) the other party to the arbitration agencies tried to cover up evidence of enough to affect the impartiality of the award;
(F) the arbitrator in the arbitration of the case has corruption, favoritism and perverted the arbitration.
People's Court determines that enforcement of the award contrary to public interests, decisions were not implemented.
Written order shall be served on both parties and arbitral bodies.
Arbitral award found inadmissible by the Court, the parties may apply for arbitration under a written arbitration agreement reached by both sides, can also bring a lawsuit.
Article No. 238 of notary law granted the effectiveness of enforcement of creditor's rights instruments, one of the parties fails to perform, the other party may apply to the court having jurisdiction for enforcement, the requested court shall execute.
Notarial obligatory right document is definitely incorrect, people's Court were not implemented, and the written decision to the parties and the notary. Section No. 239 for the implementation for a period of two years.
Sought to enforce the limitation of suspension or termination, applicable legal provisions relating to suspension or termination of limitation.
The period specified in the preceding paragraph, from the provisions of the legal instruments to fulfil counted from the last day of the period; an instalment under the legal instruments and provisions from every time period counted from the last day of legal document does not specify the period of performance, from the date of entry into force of legal instruments.
Article No. 240 Executive application is received, transfer of execution or execution shall be issued a notice to the person subjected to execution, and can take immediate enforcement measures.
The 21st chapter implementation measures No. 241 execution by not implementing the obligation to inform the legal instruments, should report the current as well as property in a year before the date of receipt of the Executive.
The person refuses to report or false reports, court may, depending on the seriousness of the person or their legal representatives, relevant units of the main responsible person or persons be fines or detention. No. 242 execution by not implementing the obligation to inform the legal instruments, a people's Court has the right to make enquiries with the relevant units of the person subjected to execution deposits, bonds, stocks, shares and other assets. Seizure, the Court is empowered under different circumstances to freeze or transfer, variable property of the person subjected to execution.
Court queries, seizure, freezing or transfer, variable pricing of property shall not exceed the scope of execution shall perform obligations.
People's Court decided to seize, freeze or transfer, sell property, shall make a ruling, and issued letters of assist in the implementation of, and they must go through. No. 243 execution by not implementing the obligation to inform the legal instruments, people's courts the power to detain, extracting the person subjected to execution shall perform the obligations of part of the revenue.
But should retain the necessities of the person subjected to execution and his dependant charges.
Court detention, extracting income, shall make a ruling, and issued letters of assist in the implementation of, the person subjected to execution units, banks, credit unions and other savings business units must comply with it. No. 244 execution by not implementing the obligation to inform the legal instruments, a people's Court has the right to seal up, distrain, freeze or auction or sale of the person subjected to execution shall perform the obligations of part of the property.
But should retain the necessities of the person subjected to execution and his dependant.
Take measures in the preceding paragraph, the people's Court shall make a ruling. Article No. 245 attachment, seizure of property, the person subjected to execution is a citizen, shall be notified to the person subjected to execution and his adult family members arrived at the scene; the person subjected to execution is a legal person or any other organization, it shall notify its legal representative or principal responsible person present. Refused to be present, it does not affect execution.
The person subjected to execution is a citizen of, their work units or grassroots organizations should be represented in the property is located. To be sealed up or seized property, the execution officer must be made manifest, and by those present signed or sealed, the person subjected to execution.
The person subjected to execution is a citizen, can also make him a copy of the adult members of their families. Article No. 246 the property seized, the Executive Officer may be the person responsible for the custody.
Losses due to the fault of the person subjected to execution, borne by the person subjected to execution. Article No. 247 after seizure, seizure of property, the execution officer shall order the person subjected to execution in a specified period of legal instruments, the obligations. The person fails to comply, the Court should be sealed up or seized property auctions; does not apply to auction the auction or the parties agree not to, and relevant units of the people's Court may entrust the sale or sell on their own.
States are prohibited from free trading of goods, unit price according to state regulations.
No. 248 being executed fails to perform the obligations of the legal instruments, and hide, the people's Court power to issue a search warrant, to the person subjected to execution and the residence or property search hidden.
Take measures in the preceding paragraph, the President issued a search warrant.
Article No. 249 legal instruments specified property or negotiable instruments delivered, delivered by officer summoned the parties to, or referred by the Executive, and by the delivery person sign. Units in possession the property or negotiable instruments should be based on the people's Court to transmit the notice for assistance in the implementation of, and by the delivery person sign.
Citizen concerned has in possession the property or negotiable instruments, court shall notify him to hand over.
Refusing to surrender, enforced. No. 250, forced to move out or forced out of land for housing, issued by the Superintendent notice, order the person subjected to execution in a specified period.
The person fails to perform, enforced by the enforcement officer. Enforcement, the person subjected to execution is a citizen, shall be notified to the person subjected to execution and his adult family members arrived at the scene; the person subjected to execution is a legal person or any other organization, it shall notify its legal representative or principal responsible person present. Refused to be present, it does not affect execution. The person subjected to execution is a citizen of, its work or housing, local grass-roots organizations should be represented in the land.
Executive Officer shall enforce recorded, by those present signed or sealed. Forced eviction moved out of the property by the people's Court sent to the named premises and handed over to the person subjected to execution. The person subjected to execution is a citizen or adult members of their families entrusted to him.
For refusing to receive as a result of losses borne by the person subjected to execution.
Article No. 251 in execution, about certificates of property right transfer formalities necessary, the people's courts can assist the enforcement notice issued to authorities, and they must go through.
Section No. 252 of the acts specified in the judgments or orders, and other legal instruments, notice the person subjected to execution is not performed, the Court may enforce the delegate or the relevant units or other persons, and expenses shall be borne by the person subjected to execution. Article No. 253 execution by not complying with the judgment or order and other legal instruments specified period to pecuniary obligations shall be doubled during the belated payment of the interest on the debt.
Execution by not complying with the decision or ruling specified during the fulfilment of other obligations and other legal instruments, should pay damages for the delay. Article No. 254 when this law No. 242, No. 243, No. 244, enforcement measures provided for in article, the person still cannot repay their debts, should continue to meet its obligations.
Creditors found that the person subjected to execution has any other property, he may at any time request the people's Court for execution.
Section No. 255 executive fails to perform the obligations of the legal instruments, court can adopt or notify the authorities concerned to help limit allowed, in the credit reporting system records and failure information published through the media as well as other measures provided by law.
22nd Chapter Executive suspension and termination
Article No. 256, one of the following circumstances, the people's Court shall make a decision to suspend:
(A) the applicant a stay of execution;
(B) the case for execution there is grounds for objection;
(C) as the death of a party, need to wait for the succession of rights or obligations;
(D) legal persons or other organizations as one of the parties terminates and successor rights and obligations has not been determined;
(E) other circumstances as the people's Court deems the suspension of execution.
Suspension disappears, reinstated.
Article No. 257, one of the following circumstances, the Court shall decide to terminate execution:
(A) the applicant has withdrawn his application;
(B) to implement the legal instruments repealed;
(C) execution by death, no heritage to perform, and obligation-free people;
(D) the cases of alimony, maintenance or upbringing of recourse rights people;
(V) as members of the person subjected to execution due to hardships in life unable to repay his debts, has no source of income and has lost his capacity to work;
(Vi) other circumstances as the people's Court deems the termination of execution.
Article No. 258 suspension and termination of the Executive's decision, effective after being served.
Part IV special provisions on foreign-related civil litigation
23rd General principles Article No. 259 in the People's Republic of China in the field of foreign civil proceedings, application of the provisions of this part.
No provision of this part, other relevant provisions of this law shall be applicable.
Article No. 260 People's Republic of China concluded or acceded to international treaties and the provisions of this law, the provisions of the international treaty shall apply, People's Republic of China declared reservations except those on.
Section No. 261 of diplomatic privileges and immunities of foreign nationals, foreign or international organizations in civil procedure, in accordance with the People's Republic of China laws and People's Republic of China concluded or acceded to an international treaty provisions. Article No. 262 when hearing foreign-related civil cases, you should use the People's Republic of China common spoken and written languages.
Translation of the request of the parties concerned, can provide, the cost borne by the parties.
No. 263, aliens, stateless persons, foreign enterprises and organizations in the people's Court, to bring an action delegate of counsel litigation, you must entrust People's Republic of China law.
No. 264 article in People's Republic of China field within no residence of foreigners, and no nationality people, and foreign enterprise and organization delegate People's Republic of China lawyer or other people agent litigation, from People's Republic of China field outside sent make or supporting make of authorized Attorney, should by where country notary organ proved, and by People's Republic of China standing the country makes consulates certification, or perform People's Republic of China and the where country made of about Treaty in the provides of proved procedures Hou, only has effectiveness.
The 24th chapter jurisdiction No. 265 article for contract disputes or other property interests disputes, on in People's Republic of China field within no residence of accused filed of litigation, if contract in People's Republic of China field within signed or perform, or litigation standard of real in People's Republic of China field within, or accused in People's Republic of China field within has can for seized of property, or accused in People's Republic of China field within has representative institutions, can by contract signed to, and contract perform to, and litigation standard of real location, and
Available for seizure of property location, infringement or domicile of the representative body shall have jurisdiction.
Article No. 266 in the People's Republic of China fulfil Sino-foreign joint venture Enterprise contract, Sino-foreign cooperative enterprise contract, Sino-foreign cooperation in exploring and exploiting natural resources contract lawsuit brought on a dispute, by the People's Republic of China shall have jurisdiction.
During the 25th chapter, service,
Article No. 267 of People's Republic of China has no domicile within the territory of the parties to litigation documents, you can use the following method:
(A) in accordance with the State in which the recipient of the service with the People's Republic of China concluded or joint participation in international treaties provided for the service;
(B) the service through diplomatic channels;
(C) with the People's Republic of China nationality of person may be entrusted with People's Republic of China Consulate in the country of the recipient of the Service service;
(D) the person served on the agent is empowered to accept service on its behalf;
(E) to the recipient of the service in People's Republic of China in the field of the establishment of representative offices or is entitled to receive the documents served on the branches, business agent;
(Vi) the permitted by law of the State in which the addressee is served by post, service by mail, from the expiration of three months from the date of mailing, certificate of service did not return, but the light of all the circumstances is sufficient to found to have been served, considered the date of expiration of the period of service;
(VII) use fax, e-mail to reply to confirm the addressee of the service;
(VIII) not using the above-mentioned methods, service by public announcement, from the expiration of three months from the date of, the service shall be considered. No. 268 accused in People's Republic of China has no domicile within the territory, court shall serve a copy of the complaint to the defendant and informed after receiving copy of the complaint, defendant a Rejoinder in the 30th.
The defendant applied for an extension, whether to approve by the people's Court. Section No. 269 People's Republic of China has no domicile within the territory of a party, appealed against the Court of first instance judgment or ruling is entitled to from the date of service of the judgment and order filed an appeal in the 30th. After receiving the copy of the complaint of the appellant, it should be a Rejoinder in the 30th.
Parties cannot appeal within the statutory period or a Rejoinder, application for extension of the whether it is permitted, by the people's Court.
Article No. 270 during the trials of foreign-related civil cases, from the 149th, 176th, subject to the provisions of this law.
The 26th chapter of arbitration
Article No. 271 foreign economy and trade, transportation and maritime disputes, parties had an arbitration clause in the contract or written arbitration agreement reached afterwards, submitted by People's Republic of China foreign-related arbitration institution or other arbitration organization for arbitration, the parties may not bring a lawsuit.
Parties have not stipulated in the contract arbitration clause or a written arbitration agreement has not been reached, you can bring a lawsuit.
Section No. 272 Parties apply for preservation, the People's Republic of China's foreign-related arbitration should be the party's application, submit the domicile or the place where the property's intermediate people's Court ruled. Clause No. 273, People's Republic of China foreign-related arbitration award, the parties may not bring a lawsuit.
Of the party's failure to implement the arbitration ruling, other parties may be the domicile or the place where the property's intermediate people's Court for enforcement.
Section No. 274 of the People's Republic of China foreign arbitration awards made, the respondent presented evidence that the arbitration award, one of the following circumstances, review by the people's Court shall form a collegial panel to verify, ruled inadmissible:
(A) the parties have not stipulated in the contract arbitration clauses or have not subsequently reached a written agreement on arbitration;
(B) the applicant has not been informed of the appointment of an arbitrator or of the arbitral proceedings, or for other reasons not belonging to the respondent is responsible for making a statement;
(C) the composition of the arbitral tribunal or the arbitral procedure and arbitration rules are inconsistent;
(D) decision on matters not covered by the arbitration agreement scope or an arbitration institution empowered to arbitrate.
People's Court determines that enforcement of the award contrary to public interests, decisions were not implemented.
No. 275 found inadmissible by the Court of arbitration awards, the parties may apply for arbitration under a written arbitration agreement reached by both sides, can also bring a lawsuit.
The 27th legal assistance According to Article No. 276 People's Republic of China concluded or acceded to an international treaty or in accordance with the principle of reciprocity, the people's Court and a foreign court can request each other, service of documents, investigation and evidence collection, and other legal action.
Foreign court requesting assistance matters to the detriment of People's Republic of China's sovereignty, security or public interests, the people's courts were not implemented.
No. 277 requests and the provision of mutual legal assistance, in accordance with the People's Republic of China concluded or acceded to the international treaties to which the way; no treaty relations through diplomatic channels.
Foreign People's Republic of China Embassy to citizens of that country can serve documents and evidence, but shall not violate the People's Republic of China laws and enforcement measures may be taken.
Apart from the cases provided for in the preceding paragraph, without the People's Republic of China permitted by the competent authority, any foreign bodies or individuals may in the People's Republic of China in the field of delivery instruments, investigation and evidence collection.
Article No. 278 provide judicial assistance to foreign courts request the people's Court of the request and the accompanying documents shall be accompanied by a Chinese translation or text in any other language provided for in international treaties.
People's Court request request for judicial assistance by foreign courts and accompanying documents shall be accompanied by the text translation or text in any other language provided for in international treaties. Article No. 279 in providing judicial assistance, in accordance with the People's Republic of China Law of procedure.
Foreign courts request any special way or special way in accordance with its request, request special manner shall not violate the People's Republic of China law.
Article No. 280 legally effective judgments or orders of the Court, if the person or his property is not in the People's Republic of China area, requested by the parties, can be directly by the parties to the jurisdiction of the foreign court recognition and enforcement, or by the people's Court in accordance with the People's Republic of China concluded or acceded to the provisions of international treaties, or in accordance with the principle of reciprocity, recognition and enforcement of foreign court.
People's Republic of China foreign arbitral awards made by an arbitration institution legally effective, the Parties requested, if the person or his property is not in the People's Republic of China in the field, should be determined by the parties directly to the jurisdiction of the foreign court recognition and enforcement.
Article No. 281 foreign made legally effective judgments or orders of the Court, need People's Republic of China people's Court for recognition and enforcement, by a party directly to the People's Republic of China intermediate people's Court of competent jurisdiction an application for recognition and enforcement, or by a foreign court in the country with People's Republic of China concluded or acceded to the provisions of international treaties, or in accordance with the principle of reciprocity, a people's Court for recognition and enforcement. No. 282 article Court on application or requests admitted and implementation of foreign court made of occurred legal effectiveness of judgment, and ruled, in accordance with People's Republic of China concluded or participate in of international treaty, or according to mutual principles for review Hou, think not violation People's Republic of China legal of principles or national sovereignty, and security, and social public interests of, ruled admitted its effectiveness, need implementation of, issued implementation makes, in accordance with this method of about provides implementation.
Violation of People's Republic of China laws or the basic principles of State sovereignty, security and social and public interests, not recognized and implemented.
Article No. 283 foreign arbitration award, needs People's Republic of China people's Court for recognition and enforcement, should to be executed directly by the parties has his domicile or the place where the property's intermediate people's court application, the people's Court shall, in accordance with People's Republic of China concluded or acceded to an international treaty or in accordance with the principle of reciprocity. No. 284 of this law come into force on the date of promulgation, People's Republic of China civil procedure law (trial) be repealed simultaneously.
