People's Republic Of China Civil Procedure Law

Original Language Title: 中华人民共和国民事诉讼法

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People's Republic of China civil law People's Republic of China order of the President of the Standing Committee of the national people's Congress, 75th to amend People's Republic of China civil law decision by the People's Republic of China of deputies of the 30th meeting of the Standing Committee, adopted on October 28, 2007, promulgated and come into force on April 1, 2008. People's Republic of China President Hu Jintao on October 28, 2007, the national people's Congress Standing Committee on the revision of the People's Republic of China Law of civil procedure decisions (October 28, 2007, Deputies adopted at the 30th session of the Standing Committee) deputies of the 30th meeting of the Standing Committee decided to People's Republic of China Law of civil procedure the following amendments: one of the 103th article is revised as follows: "the people's Court of the preceding paragraph Provisions of one of the units on the main responsible person or persons can be fined 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. "Bis, 104th article is revised as follows:" personal fines, less than RMB 10,000 yuan. Fines for units, less than RMB 10,000 yuan and 300,000 yuan. "Three, 178th is amended as:" the party is legally effective judgments or orders that there was wrong, can higher level people's Court for retrial, but do not stop execution of the judgment or ruling. "Four, and 179th article first paragraph to 179th article, modified for:" party of application meet following case one of of, court should retrial: "(a) has new of evidence, enough to overthrow original judgment, and ruled of;" (ii) original judgment, and ruled finds of basic facts lack evidence proved of; "(three) original judgment, and ruled finds facts of main evidence is forged of;" (four) original judgment, and ruled finds facts of main evidence without quality card of; "(five) on trial case need of evidence, Party for objective reasons cannot itself collection, written application Court survey collection, court not survey collection of; "(six) original judgment, and ruled applies legal does have errors of;" (seven) violation legal provides, jurisdiction errors of; "(eight) trial organization of composition not legal or law should avoided of trial personnel no avoided of;" (nine) no litigation capacity people without statutory agent on behalf of litigation or should participate in litigation of party, for cannot return accountability Yu I or its agent of causes,   Did not participate in the proceedings "(ten) in violation of the law, rights of the deprived party debate" (11) without a summons, judgment "(12) the original judgment or written order missed or exceeded his claims" (13) in which the original judgment or order cancellation or change of the legal instrument. "For violations of legal procedure may affect the correctness of the judgment or ruling of a case, or the judge in the trial of the cases of corruption and bribery, favoritism, perverting, the people's Court shall retry. "Five, add one, as the 180th:" application for retrial by the parties, 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. "Six, 179th read 181th in the second paragraph, is amended as:" the people's Court shall be reviewed within three months from the date of receipt of application for retrial, in line with the 179th circumstances as provided in article v of this law, ruled that the retrial; not in conformity with the provisions of article 179th, ruled to reject the application.   There are special circumstances need to be extended, and approved by the President of the Court. "Because the parties request ruled that the retrial of the case by the intermediate people's Court of the people's Court for trial. 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. "Seven, and 182th article to 184th article, modified for:" party application retrial, should in judgment, and ruled occurred legal effectiveness Hou II years within proposed; II years Hou according to to made original judgment, and ruled of legal instruments was revoked or change, and found trial personnel in trial the case Shi has corruption bribery, engages in, pervert referee behavior of, since know or should know of day up three months within proposed.   "Eight, 185th to 187th and amended as:" the Supreme People's Procuratorate, people's courts at all levels have been legally effective judgments or orders, higher people's Procuratorate to lower people's courts have been legally effective judgments or orders, 179th circumstances as provided in article v of this law are found, should be challenged. "The local people's procuratorates at all levels to the people's Court at a legally effective judgments or orders, 179th circumstances as provided in article v of this law are found, should be brought to the people's Procuratorate at the same level people's court challenge. "Nine, 186th, 188th instead, amended to read:" the people's Procuratorate to lodge a protest against the case, accepted the protest of the people's Court shall from the date of receipt of the written protest within 30th retrial ruled 179th article of this Act (a) to (e) circumstances prescribed, can make the next level people's Court for retrial. "Ten and No. 207 shall be replaced by Article No. 201, the first paragraph is amended as:" 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. "Cheung added, as Article No. 202:" parties, 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. "12, add one, as No. 203:" the people's Court shall receive applications 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. "13, No. 208 to Article No. 204, amended to read:" the implementation process which 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 14, No. 209 to No. 205, the third paragraph is amended as:" the people's Court may establish an Executive Agency as needed. "Article XV, No. 219 to No. 215, is amended as:" the application for execution 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 prescribed 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. "16, No. 220 shall be replaced by Article No. 216, addition of a paragraph, as the second paragraph:" the people do not fulfill their legal obligations established by the instrument, and may hide, transfer of property, the execution officer can take immediate enforcement measures. "17, the addition of an article, article No. 217:" the person does not perform 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. "18, the addition of an article, article No. 231:" the person does not perform the obligation of 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.   "Chapter 19, by deleting the 19th" bankrupt ".   This decision shall enter into force on April 1, 2008.   People's Republic of China Law of civil procedure in accordance with this decision and be modified and adjusted to the chapter articles republished. People's Republic of China civil 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 decision to amend the civil procedure law) list of part I General provisions chapter I aim, scope and basic principles of section I of chapter II jurisdiction section III section II jurisdiction territorial jurisdiction moving      Send and specify the jurisdiction governing the third trial the fourth chapter shy away from section II of the first section of the fifth chapter of participants in proceedings a party agent of the sixth chapter of evidence during the seventh chapter, served on the section I section II serve during the eighth chapter Chapter mediation Nineth property preservation and execution in the tenth chapter of compulsory measures against impairment of 11th litigation costs part II of chapter proceedings 12th chapter XII ordinary procedure section I section II of prosecution and admissibility hearing before preparing section III hearing of the fourth section of the stay of proceedings and judgments and orders the 13th ended the fifth section of the summary proceedings 14th chapter of second instance proceedings 15th special procedures section I General provisions chapter II      Voter qualification cases section III missing, declares the death of the fourth section identified cases citizens without civil capacity or with limited capacity for civil conduct identified cases property has been the fifth section 16th chapter procedures the 17th chapter and urging procedure for trial supervision the 18th Chapter XVIII III series program 19th 20th Chapter General provisions chapter application for execution and transfer of the 21st chapter implementation measures The 22nd Chapter Executive suspension and termination part IV special provisions on foreign-related civil proceedings of 23rd 24th 25th chapter jurisdiction general principles chapter service property preservation arbitration chapter 27th 28th, during the 26th chapter chapter Chapter I of title I General provisions on mutual legal assistance mandate, scope and basic principles article People's Republic of China civil law on the basis of the Constitution, combined with our experience of civil trial     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 party right, within the limits prescribed by law to dispose of their civil rights and procedural rights.     14th people's procuratorates shall have the right to exercise legal supervision over civil proceedings.     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 mediation committees are under the direction of people's Governments at the grass-roots people's courts and grass-roots, mediate disputes among the mass organizations. In accordance with the law of the people's Mediation Committee, mediation on a voluntary basis.     Agreement reached through conciliation the Parties shall perform; unwilling to mediate, mediation or prosecution history estoppel, can bring a lawsuit.     People's mediation committees to mediate civil disputes, such as against the law, the people's Court shall be corrected. 17th 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 section-level jurisdiction article 18th basic people's courts have jurisdiction in civil cases of first instance, unless otherwise provided for in this law.     19th intermediate people's Court of jurisdiction of the following civil cases of first instance: (a) the major foreign-related cases, (ii) 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.     20th Supreme Court jurisdiction in civil cases of first instance shall have a major impact on their respective jurisdictions. 21st Supreme Court jurisdiction of the following civil cases of first instance: (a) in cases of great impact across the country, (ii) deemed by the Court to hear the cases.     Section II jurisdiction article 22nd 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.     23rd article following civil, by plaintiffs residence to court jurisdiction; plaintiffs residence to and often live to inconsistent of, by plaintiffs often live to court jurisdiction: (a) on not in People's Republic of China field within live of people filed of about identity relationship of litigation; (ii) on unaccounted for or declared missing of people filed of about identity relationship of litigation; (three) on was reeducation-through-labor of people filed of litigation; (four) on was imprisonment of people filed of litigation.     24th action over a contract dispute, the defendant has his domicile or place of performance of the contract shall have jurisdiction.     25th in a written contract, the parties to a contract can agree the defendant's domicile, place of performance of the contract, the contract is signed, subject matter of the plaintiff's domicile, is located shall have jurisdiction, subject to the provisions of this law on the jurisdiction and the exclusive jurisdiction.     The 26th 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.     27th action Bill dispute, where the Bill is paid or where the defendant is domiciled shall have jurisdiction.     28th by a 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.     29th due to infringement litigation, tort is committed or where the defendant is domiciled shall have jurisdiction.     30th due to railway, highway, 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.     The 31st 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.     Article 32nd action cost of salvage, rescue or salvage ships first arrived shall have jurisdiction.     Article 33rd action general average, the ship first arrived, general average adjustment or shall be under the jurisdiction of the voyage ended.     Following the case of the 34th article, 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, (ii) for port operations in a lawsuit brought on a dispute, which the port is located shall have jurisdiction; (c) due to inheritance lawsuit brought on a dispute, when by the death of a citizen has his domicile or main heritage is located shall have 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 transfer of jurisdiction and 36th people's Court found the jurisdiction of the cases before the specified does not belong to its jurisdiction, it shall transfer 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. The 38th 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.     39th superior people's Court has the right to lower people's courts of the first instance civil cases or civil cases of first instance jurisdiction to make lower-level people's Court. 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. 40th chapter trial court hearing 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. The 41st people's 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.     42nd 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. 43rd 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.     44th 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.     Fourth chapter to avoid the 45th judicial personnel have one of the following must be avoided, the parties have the right to verbally or in writing for their withdrawal: (I) is a near relative of a party to the case or the parties or law, (ii) have a stake in the case and (iii) other relationships with the parties to the case, which may affect the fair trial of the case.     Provisions of the preceding paragraph, apply to clerks, interpreters, expert witnesses and inspection personnel.     46th 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 47th, decided by the Judicial Committee; the judge avoided, decided by the President; others avoided, by the presiding judge to decide. 48th 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.     First section of the fifth chapter of participants in proceedings the parties article 49th citizens, legal persons and other organizations could be parties to a civil action. Legal persons by their legal representatives in the proceedings.     Other organizations by their principal heads in the proceedings.     50th party has 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.     51st, parties may of their own accord. 52nd plaintiff may abandon or change his claims.     The defendant may admit or refute his claims, the right to bring a counterclaim.     53rd 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. 54th 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.     55th 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.     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. Section II agent 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.     Lawyers, close relatives of the parties concerned, the relevant social group or the formation of the people, by the people's Court of other citizens, can be entrusted as an agent ad litem.     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 incapable of expressing himself, should court unable to appear in court because of special circumstances, must submit to the Court written observations.     Sixth chapter 63rd evidence as follows: (a) the documentary evidence and (ii) evidence, (iii) audio-visual materials; (d) the testimony of a witness, (e) the statements of the parties, (vi) expert conclusions; (VII) transcripts.     The above-mentioned 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.     The 65th people's 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. 66th 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. 67th through legal procedures, legalization of legal acts, legal facts and documents, 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. 68th 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.     69th Court audio material shall distinguish, and combined with the other evidence in the case, determine whether as the basis for ascertaining the facts. 70th 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.     There is difficulty in witnesses cannot appear in court, after the people's Court can submit their testimony in writing.     Unable to properly express the will of the people shall not testify.     Article 71st 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.     72nd on the special problems need identification, shall be handed over to the legal expert evaluation; no legal expert, designated by the people's Court of corroboratory.     Designated by the Department and identified expert has the right to know the case materials required and, if necessary, may question parties and witnesses. Identification of sectors and experts shall present a written conclusion, when the certificate is signed or sealed.     Respect to an evaluation, by affixing its seal to certify his status. 73rd 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. 74th in the case of evidence may be destroyed or lost or difficult to obtain later, participants in the proceedings may apply to the Court to preserve evidence, the people's courts can also take the initiative to take measures of Conservancy.     During the seventh chapter, served on the first day during the 75th, including statutory period and the people's Court within the period specified. 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. 76th parties due to causes of force majeure or any 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.     77th litigation documents must be served on the section II 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. 78th 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.     The 79th person or living with adult family members refuse to accept litigation papers, the person concerned shall be invited representatives of grass-roots organizations or the units arrived at the scene, explained the situation, rejected by the subject matter and the date written on the certificate of service, service, witness signatures or seals, the litigation document at the addressee's residence, the service shall be considered. 80th 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.     The 81st recipient of the service is in the military, through their respective political organ above regimental units.     82nd of the addressee is imprisoned, transmitted through its prison or labour camps where units.     Recipient of the service is by the reeducation-through-labor, by the reformatory.     The 83rd after receiving the litigation documents referred to the organs and entities on his behalf, must immediately pay the addressee signed for, to sign off on the certificate of service date for service. The 84th person unaccounted for, 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 85th Court mediation of civil cases, according to the principle of voluntary, in fact on the basis of clear, distinguish right from wrong, to mediate.     86th 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. 87th Court conducts conciliation, units and individuals could be invited to assist.     Units and individuals invited shall assist the Court mediation. 88th conciliation agreement must be voluntary, not forced.     Content of the conciliation agreement shall not be in violation of the law. The 89th 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.     90th cases following a conciliation agreement, the people's Court may not mediation: (a) divorce case become reconciled after conciliation; (b) conciliation maintain adoption cases; (c) to immediately carry out the case and (iv) 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. 91st mediation no agreement or written conciliation to the side before turning back, the people's Court judgment in a timely manner.     The Nineth chapter property preservation and advance implementation of the 92nd article may result in people's Court where a party or for some other reason, makes decisions impossible or difficult cases, may request of the other party, making property preservation orders; parties do not apply, the people's Court where necessary, order the adoption of property preservation measures.     Adopting property preservation measures the people's Court may order the applicant to provide security; the applicant fails to provide security, to reject the application.     The people's Court accepted an application, if the case is urgent, must make a ruling within 48 hours; ruled the adoption of property preservation measures, should be started immediately. 93rd interested due to the urgency of the situation, do not immediately apply for property preservation will cause irreparable damage to their legitimate rights and interests, you can apply to the peoples Court in adopting property preservation measures before the prosecution.     Applicants should provide guarantee, does not provide guaranty, the application shall be rejected.     The people's Court accepted an application, must be made within 48 hours of order; decisions adopting property preservation measures, should be started immediately.     Applicants not to prosecute in the 15th after the people's Court to take protective measures, the people's Court shall cancel the property preservation.     94th property preservation shall be limited to the request's scope, or property in connection with the case.     Property preservation taking sealing up, distraining, freezing or other methods prescribed by law.     People's Court after the freezing of property, who shall immediately notify the frozen wealth.     Property has been seized or frozen, shall not be sealed up or frozen.     95th of the applicant to provide security, the people's Court shall cancel the property preservation.     96th application has an error, the applicant shall compensate for the losses incurred by the applicant for property preservation.     97th court following the case, upon application of the parties, order execution: (a) the recovery of maintenance, maintenance or upbringing, pensions, health care costs, (ii) recovery of remuneration; (c) the urgent circumstances that require advance execution.     98th 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 production and operation of the applicant's life, or (ii) 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. 99th attachment or 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, people's Court for compulsory measures against impairment of the 100th defendant must appear, twice by a summons, without any justified reason, refuses to appear, you can summon.     101th 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. 102th article litigation participation people or other people has following behavior one of of, court can according to plot weight be fine, and detention; constitute crime of, law held criminal: &nbrp; (a) forged, and destruction important evidence, hamper court trial case of; (ii) to violence, and threat, and hired method block witnesses testified or directed, and hired, and stress others for perjury of; (three) hidden, and transfer, and sold, and damage has was seized, and seized of property,     Or has was inventory and ordered its custody of property, transfer has was freeze of property of; (four) on judicial staff, and litigation participate in people, and witnesses, and translation personnel, and identification people, and inspection people, and assist implementation of people, for insult, and defamation, and framed, and beat or retaliates against of; (five) to violence, and threat or other method hinder judicial staff implementation positions of; (six) refused to perform Court has occurred legal effectiveness of judgment, and ruled of.     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. 103th article has obligations assist survey, and implementation of units has following behavior one of of, court except ordered its perform assist obligations outside, and can be fine: (a) units refused to or hamper Court Survey forensics of; (ii) Bank, and credit unions and other has savings business of units received court assist implementation notice Hou, refused to assist query, and freeze or allocated deposits of; (three) units received court assist implementation notice Hou, refused to assist detained was implementation people of income, and     The relevant certificates of property right transfer, referred to the relevant tickets, certificates, or other property, (iv) other 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. 104th fines against individuals, less than RMB 10,000 yuan.     Fines for units, less than RMB 10,000 yuan and 300,000 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.     105th 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. 106th 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 107th party on legal fees in 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.     Second series trial program 12th chapter first instance General program first section prosecution and accepted 108th article prosecution must meet following conditions: (a) plaintiffs is and this case has directly interest relationship of citizens, and corporate and other organization; (ii) has clear of accused; (three) has specific of litigation requests and facts, and reason; (four) belongs to court accepted civil of range and by v Court jurisdiction.     109th 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.     110th article up complaint should remember Ming following matters: (a) party of name, and gender, and age, and national, and career, and work units and residence, corporate or other organization of name, and residence and statutory representative people or main head of name, and positions; (ii) litigation requests and by according to of facts and reason; (three) evidence and evidence source, witnesses name and residence. 111th article Court on meet this method 108th article of prosecution, must accepted; on following prosecution, respectively case, be processing: (a) in accordance with administrative procedure of provides, belongs to administrative litigation by case range of, told plaintiffs filed administrative litigation; (ii) in accordance with legal provides, both party on contract disputes voluntary reached written arbitration agreement to arbitration institutions application arbitration, and shall not to court prosecution of, told plaintiffs to arbitration institutions application arbitration; (three) in accordance with legal provides,     Should by other organ processing of dispute, told plaintiffs to about organ application solution; (four) on not belongs to this hospital jurisdiction of case, told plaintiffs to has jurisdiction right of court prosecution; (five) on judgment, and ruled has occurred legal effectiveness of case, party and prosecution of, told plaintiffs according to complaints processing, but court allowed withdrawal of ruled except; (six) in accordance with legal provides, in must term within shall not prosecution of case, in shall not prosecution of term within prosecution of, not accepted;     (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. People's Court received a complaint or a complaint orally the 112th section, upon examination, that meet the conditions for prosecution shall be filed in the 7th, and notifies the parties; that does not meet conditions should be ruled inadmissible in the 7th; the plaintiff is dissatisfied, he may appeal.     Section II hearing preparation before 113th in the people's Court shall, on the filing date of the 5th to send the copy of the complaint the defendant, date of receipt of the defendant a Rejoinder in the 15th. A Rejoinder by the defendant, the people's Court in the 5th days of receipt will reply, send a copy to the plaintiff.     The defendant does not submit a defence shall not affect the Court.     114th 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.     115th collegial determined, the Parties shall be notified in the 3rd.     116th judicial personnel must carefully examine the case materials and surveys to collect the necessary evidence.     117th 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.     118th court 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. 119th must parties do not participate in the proceedings of the joint action, the people's Court shall notify him to participate in the proceedings.     Section III hearing of the 120th 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.     121th court hearing civil cases, tour to hear them if needed, and handling. 122th 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.     123th 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.     124th court investigation in accordance with the following order: (a) the statement of the parties, (ii) inform witnesses of their rights and obligations, witness, witness testimony read out the absentee and (iii) the presentation of documentary evidence, material evidence and audio-visual material; (d) read out the conclusions and (e) read the transcripts.     125th 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.     126th additional claims by the plaintiff, the defendant counterclaims, claims of third persons related to the case, you can join.     127th Court debate in accordance with the following order: (a) the plaintiff and his agents ad litem to speak, (ii) the defendant and his agents ad litem in reply, (iii) 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. 128th end of court debate, shall make a decision.     Prior to mediation, mediation can also, in case of a dispute, judgment in a timely manner.     The 129th 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.     130th 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.     131th before the verdict, the plaintiff applies for the withdrawal, whether to approve the Court.     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.     132th article has following case one of of, can extension court trial: (a) must appear of party and other litigation participation people has due reason no appear of; (ii) party temporary proposed avoided application of; (three) need notification new of witnesses appear, adjustable take new of evidence, again identification, and inspection, or need added survey of; (four) other should extension of case.     133th 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.     134th Court to public hearing or not hearing the case 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. 135th 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. Fourth section litigation suspended and end 136th article has following case one of of, suspended litigation: (a) party party death, need waiting for heir showed that whether participate in litigation of; (ii) party party lost litigation capacity, yet determine statutory agent of; (three) as party party of corporate or other organization terminated, yet determine right obligations bear people of; (four) party party for not resist of causes, cannot participate in litigation of; (five) this case must to another a case of trial results for according to     , And the other before the Court and (vi) other circumstances that warrant the suspension of proceedings.     After the Elimination of the causes of the suspension, the proceedings shall resume. 137th article has following case one of of, end litigation: (a) plaintiffs death, no heir, or heir gave up litigation right of; (ii) accused death, no heritage, also no should bear obligations of people of; (three) divorce case party party death of; (four) recourse maintenance, and dependency fee, and tending fee and lifted adoption relationship case of party party death of.     Judgments and orders in the fifth section the 138th judgements shall state: (a) the cause of action, claim, dispute the facts and reasons, (ii) decisions have found the facts, reasons and of the applicable legal basis and (iii) decisions 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.     139th court hearing the case, if some of the facts are clear, the first judgment.     140th article ruled applies Yu following range: (a) not accepted; (ii) on jurisdiction right has objections of; (three) dismissed prosecution; (four) property preservation and first to implementation; (five) allowed or not allowed withdrawal; (six) suspended or end litigation; (seven) correction judgement in the of slip; (eight) suspended or end implementation; (nine) not implementation arbitration ruling; (ten) not implementation notary organ gives forced implementation effectiveness of claims instruments;     (11) other matters to be decided.     The preceding paragraph (a), (b), (c) the decision, you can appeal. Written order signed by the judge and the court clerk, sealed by the people's Court.     Oral and recorded. 141th 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.     The 13th chapter summary 142th 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.     143th of 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.     The 144th sent by the basic people's Court and its simple civil cases before the courts, you can use simple methods to summon parties and witnesses.     145th simple civil cases heard by a single judge alone, are not subject to this law the 122th, 124th and 127th restrictions. 146th Court summary proceedings the case shall be handled within three months from the date of filing.     14th chapter program 147th party dissatisfied with the local people's Court of second instance judgment of first instance, right 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. 148th article appeals shall be submitted a complaint.     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.    149th 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. 150th 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.     151th Court of second instance appeal should be the relevant facts and applicable law under review. 152th Court of second instance on appeals shall form a collegial panel to hold a hearing.     After consulting and investigations, and asked the party, in the fact that after the check, a collegial panel saw no need for the trial, judgment or order can also track the line.     Appeal cases before the Court of second instance, in this House, can also be the case or where the trial court is located. 153th article second trial court on appeal case, after trial, according to following case, respectively processing: (a) original judgment finds facts clear, applies legal right of, judgment dismissed appeal, maintained upheld summary; (ii) original judgment applies legal errors of, law revision; (three) original judgment finds facts errors, or original judgment finds facts not clear, evidence insufficient, ruled revoked upheld summary, sent back trial court review, or identified facts Hou revision; (four) original judgment violation statutory program,     May affect the correctness of the judgment of the case, ruling that revoked the original judgment, sent back to the trial court for reconsideration.     Parties to a retrial of any judgment, Decree, can appeal.     154th Court of second instance to appeal against the Court of first instance ruled that the appeals process will be of use. 155th 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.     156th before the Court of second instance judgement, appeal withdrawn appeal, whether to approve the determination by the Court of second instance.     157th 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.     158th judgment or order of the Court of second instance, it is a judgment or order of the Court of final appeal. 159th 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 article 160th Court voter qualification cases, and declared to be missing or death cases, the determination of a citizen without capacity or with limited capacity for civil cases and identified cases property has, apply the provisions of this chapter.     No provision of this chapter, the relevant provisions of this law and other laws shall apply. 161th of 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.     162th 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. 163th 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 164th citizens dissatisfied with appeals to voters of the Election Committee's decision, on election day the 5th district seat of grass-roots people's Court.     165th 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 or dead 166th 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.     167th 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. 168th people's Court declared missing or dead after the case, 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. 169th 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 found that citizens without civil capacity or with limited capacity for civil conduct section 170th finds citizens 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. 171th 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.     The applicant has already provided an evaluation conclusion, the conclusion should be reviewed. 172th Court determination of a citizen without capacity or with limited capacity for civil cases should be handled by the close relatives of the citizen is an agent, 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. 173th according to the people's Court were found to be without capacity for civil conduct or 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 property cases concerning section 174th found the property without master, by the place where the property of citizens, legal persons or other organizations basic-level people's Court.     The application shall clearly state the type of property, number of required property as ownerless is based. 175th 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. 176th 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.     The 16th chapter of the trial supervision procedure 177th people's courts at all levels to the legally effective judgment or ruling 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 various levels have been legally effective judgments or orders, the superior people's Court of people's courts have been legally effective judgments or orders, find is definitely incorrect, right to trial or to order the lower court for trial.     178th parties has been legally effective judgments or orders that there was wrong, can higher level people's Court for a retrial, but do not stop execution of the judgment or ruling. 179th article party of application meet following case one of of, court should retrial: (a) has new of evidence, enough to overthrow original judgment, and ruled of; (ii) original judgment, and ruled finds of basic facts lack evidence proved of; (three) original judgment, and ruled finds facts of main evidence is forged of; (four) original judgment, and ruled finds facts of main evidence without quality card of; (five) on trial case need of evidence, party for objective reasons cannot itself collection, written application Court survey collection,     Court not survey collection of; (six) original judgment, and ruled applies legal does have errors of; (seven) violation legal provides, jurisdiction errors of; (eight) trial organization of composition not legal or law should avoided of trial personnel no avoided of; (nine) no litigation capacity people without statutory agent on behalf of litigation or should participate in litigation of party, for cannot return accountability Yu I or its agent of causes, not participate in litigation of; (ten) violation legal provides, deprived party debate right of;     (11) without a summons, judgment, and (12) of the original judgment or written order missed or exceeded his claims (13) according to which the original judgment or order cancellation or change of the legal instrument.     For violations of legal procedure may affect the correctness of the judgment or ruling of a case, or the judge in the trial of the cases of corruption and bribery, favoritism, perverting, the people's Court shall retry. 180th retrial by the parties, 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. 181th a people's Court shall be reviewed within three months from the date of receipt of application for retrial, in line with the 179th circumstances as provided in article v of this law, ruled that the retrial; not in conformity with the provisions of article 179th, ruled to reject the application.     There are special circumstances need to be extended, and approved by the President of the Court. Because the parties request ruled that the retrial of the case by the intermediate people's Court of the people's Court for trial.     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. 182th parties 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.     183th parties have legally effective dissolution of marriage judgment, shall apply for a retrial.     184th where a retrial shall judgments or orders submitted within two years after the legally effective; two years later, according to which the original judgment or order cancellation or alteration of legal instruments, and found that the judge in the trial of the cases of corruption and bribery, favoritism, perverting, knew or should have known that within three months from the date proposed. 185th decided to retry a case under the judicial supervision procedure, rule to suspend the enforcement of the decision.     Ruling signed by the President, with the people's Court. 186th 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.     187th Supreme People's Procuratorate, people's courts at all levels have a legally effective judgments or orders, higher people's Procuratorate to lower people's courts have been legally effective judgments or orders, 179th circumstances as provided in article v of this law are found, should be challenged.     Local people's procuratorates at all levels to the people's Court at a legally effective judgments or orders, 179th circumstances as provided in article v of this law are found, should be brought to the people's Procuratorate at the same level people's court challenge.     188th people's Procuratorate to lodge a protest against the case, accepted the protest of the people's Court shall from the date of receipt of the written protest within 30th retrial ruled 179th article of this Act (a) to (e) circumstances prescribed, can make the next level people's Court for retrial.     189th people's Procuratorate decided to protest against the Court judgment or ruling shall make a written protest. 190th a people's Procuratorate shall 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.     17th chapter urged the program the 191th 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, (ii) of 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.     192th upon application the creditors, the people's Court shall notify the creditor within the 5th admissibility.     193th people's Court after the 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. 194th Court after receiving a written objection submitted by the debtor shall terminate supervision procedure, the payment order shall automatically cease, the creditor can sue. 195th 18th Chapter XVIII procedures in accordance with the provisions of article 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. 196th 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.     197th 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.     198th 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. 199th without a report, 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. Article No. 200 interested persons for legitimate reasons cannot be 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 19th Chapter General provisions Article No. 201 of 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. 202, 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. 203 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. 204 which 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. 205 work 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. Article No. 206 people were executed 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. 207 in the 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.     If either party fails to fulfil the settlement agreement, the people's Court may request of the other party, resumed its original effective implementation of legal instruments. Article No. 208 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. 209, 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. 210, 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. 211 of the conciliation, and apply the provisions of this title. The 20th chapter application for execution and transfer Article No. 212 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. Article No. 213 on the decision of the arbitration body set up according to law, one of the parties fails to perform, the other party may apply to the court having jurisdiction for enforcement.     The requested court shall execute.     Was applicants proposed evidence proved arbitration ruling has following case one of of, by court composition full review verified, ruled not implementation: (a) party in contract in the no set has arbitration terms or after no reached written arbitration agreement of; (ii) ruling of matters not belongs to arbitration agreement of range or arbitration institutions has no right to arbitration of; (three) Arbitration Chamber of composition or arbitration of program violation statutory program of; (four) finds facts of main evidence insufficient of; (five) applies legal does have errors of;     (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. 214 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. 215 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. 216 application execution or transfer of execution shall be issued a notice to the person subjected to execution, shall be ordered in the specified period, fails to perform, the enforcement. Implementation fails to perform the obligations of the legal instruments and may hide, transfer of property, the execution officer can take immediate enforcement measures. 21st chapter implementing measures Article No. 217 enforcement notice the person subjected to execution is not fulfilling obligations of 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. 218 execution by not implementing the obligation to inform the legal instruments, the people's Court shall be entitled to Bank, credit unions and other queries executed with savings deposits, deposits right to freeze or transfer the person subjected to execution, but to inquire about, freeze or transfer of the deposit shall not exceed the scope of execution shall perform obligations.     People's Court decided to freeze or transfer the deposit, shall make a ruling, and issued letters of assist in the implementation of, banks, credit unions and other savings business units must comply with it. Article No. 219 enforcement notices the person subjected to execution is not fulfill their legal obligations established by the instrument, 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. 220 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. 221 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. 222 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. 223 after the 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 may in accordance with the provisions of the relevant units for auction or sale is sealed up or seized property.     States are prohibited from free trading of goods, unit price according to state regulations.     Section No. 224 execution 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. 225 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. 226, 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. 227 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.     Article No. 228 of judgments and orders, and other legal instruments specified, 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. 229 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. 230 adopted this law No. 218, No. 219, No. 220, 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. Article No. 231 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 implementation suspended and end No. 232 article has following case one of of, court should ruled suspended implementation: (a) applicants said can extension implementation of; (ii) case outsiders on implementation standard of proposed does have reason of objections of; (three) as party party of citizens death, need waiting for heir inherited right or bear obligations of; (four) as party party of corporate or other organization terminated, yet determine right obligations bear people of;     (E) other circumstances as the people's Court deems the suspension of execution.     Suspension disappears, reinstated.     No. 233 article has following case one of of, Court ruled end implementation: (a) applicants revoked application of; (ii) according to to implementation of legal instruments was revoked of; (three) as was implementation people of citizens death, no heritage can for implementation, and no obligations bear people of; (four) recourse maintenance, and dependency fee, and tending fee case of right people death of; (five) as was implementation people of citizens for life difficult unable to reimbursement borrowing, no income source, and lost labor capacity of;     (Vi) other circumstances as the people's Court deems the termination of execution. Article No. 234 suspension and termination of the Executive's decision, effective after being served. Part IV special provisions on foreign-related civil proceedings of 23rd general principle No. 235 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. 236 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.     Article No. 237 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. 238 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.     Article No. 239: 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. 240 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. 24th chapter jurisdiction No. 241 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. 242 foreign parties to the contract of a foreign element, or over property rights, through written agreement, choose and disputed the jurisdiction of the courts of the location of the actual contact.     Select People's Republic of China court jurisdiction, it shall not violate the provisions of this law on jurisdiction and exclusive jurisdiction.     No. 243 of foreign-related civil proceedings the defendant does not challenge the jurisdiction of the people's Court, and the respondent replied, would be recognized as the people's Court for the jurisdiction of the Court. Article No. 244 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.     25th chapter served, and during No. 245 article Court on in People's Republic of China field within no residence of party served litigation instruments, can used following way: (a) in accordance with by served people where country and People's Republic of China concluded or common participate in of international treaty in the provides of way served; (ii) through diplomatic served; (three) on has People's Republic of China nationality of by served people, can delegate People's Republic of China standing by served people where country of makes consulates on behalf of served; (Four) to by served people delegate of right to generation its accept served of agent served; (five) to by served people in People's Republic of China field within established of representative institutions or right to accept served of branch institutions, and business agent people served; (six) by served people where country of legal allows mailing served of, can mailing served, since mailing of day up full six months, served back card no returned, but according to various situation enough to finds has served of, during expires of day considered served; (seven) cannot with above way served of,     Service by publication, six months after the date of the announcement, the service shall be considered. Section No. 246 the defendant in the 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. Article No. 247 in the 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. No. 248 people's Court during the trials of foreign-related civil cases, from the 135th, 159th, subject to the provisions of this law.     The 26th chapter of property preservation Article No. 249 92nd of the rules according to this law may apply to a people's Court for property preservation.     Interested parties in accordance with the 93rd article can sue to the people's Court for property preservation before. Article No. 250 after the people's Court for an order granting property attachment prior to lawsuit, the applicant shall be filed in the 30th.     Fails to bring the Court shall cancel the property preservation.     Article No. 251 Court after granting property preservation, were the applicant to provide security, the people's Court shall cancel the property preservation.     Section No. 252 for errors, the applicant shall compensate for the losses incurred by the applicant for property preservation.     No. 253 people's Court decided to preserve the property needs supervision, shall inform the authorities responsible for the supervision, costs borne by the applicant. No. 254 preservation of people's Court to lift an order carried out by the enforcement officer.     Chapter 27th arbitration Article No. 255 foreign economic, 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.     No. 256 parties applications adopting property preservation, 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. 257, 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.     No. 258 article on People's Republic of China foreign arbitration institutions made of ruling, was applicants proposed evidence proved arbitration ruling has following case one of of, by court composition full review verified, ruled not implementation: (a) party in contract in the no set has arbitration terms or after no reached written arbitration agreement of; (ii) was applicants no get specified arbitration member or for arbitration program of notification, or due to other not belongs to was applicants is responsible for of reasons failed to statement views of;     (C) the composition of the arbitral tribunal or the arbitral procedure and arbitration rules are inconsistent; (d) the 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. 259 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.     Judicial assistance in the 28th chapter No. 260 in accordance with 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.     Section No. 261 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. 262 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. 263 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. 264 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. 265 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. 266 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.     Section No. 267 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. 268 of this law come into force on the date of promulgation, People's Republic of China civil procedure law (trial) be repealed simultaneously.

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