CIVIL PROCEDURE LAW OF THE PEOPLE'S REPUBLIC OF CHINA

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

Important Notice:
In case of discrepancy, the original version in Chinese shall prevail.

Whole Document

CIVIL PROCEDURE LAW OF THE PEOPLE'S REPUBLIC OF CHINA

(Adopted at the Fourth Session of the Seventh National People's Congress on April 9, 1991, promulgated by Order No. 44 of the President of the People's Republic of China on April 9, 1991, and effective as of the date of promulgation)
Contents
Part One General Provisions
CHAPTER I The Aim, Scope of Application and Basic Principles
CHAPTER II Jurisdiction
Section 1 Jurisdiction by Forum Level
Section 2 Territorial Jurisdiction
Section 3 Transfer and Designation of Jurisdiction
CHAPTER III Trial Organization
CHAPTER IV Withdrawal
CHAPTER V Participants in Proceedings
Section 1 Parties
Section 2 Agents ad Litem
CHAPTER VI Evidence
CHAPTER VII Time Periods and Service
Section 1 Time Periods
Section 2 Service
CHAPTER VIII Conciliation
CHAPTER IX Property Preservation and Advance Execution
CHAPTER X Compulsory Measures Against Obstruction of Civil Proceedings
CHAPTER XI Litigation Costs
Part Two Trial Procedure
CHAPTER XII Ordinary Procedure of First Instance
Section 1 Bringing a Lawsuit and Entertaining a Case
Section 2 Preparations for Trial
Section 3 Trial in Court
Section 4 Suspension and Termination of Litigation
Section 5 Judgment and Order
CHAPTER XIII Summary Procedure
CHAPTER XIV Procedure of Second Instance
CHAPTER XV Special Procedure
Section 1 General Provisions
Section 2 Cases Concerning the Qualification of Voters
Section 3 Cases Concerning the Declaration of a Person as Missing or
Dead
Section 4 Cases Concerning the Adjudgment of Legal Incapacity or
Restricted Legal Capacity of Citizens
Section 5 Cases Concerning the Determination of a Property as
Ownerless
CHAPTER XVI Procedure for Trial Supervision
CHAPTER XVII Procedure for Hastening Debt Recovery
CHAPTER XVIII Procedure for Publicizing Public Notice for Assertion of
Claims
CHAPTER XIX Procedure for Bankruptcy and Debt Repayment of Legal Person
Enterprises
Part Three Procedure of Execution
CHAPTER XX General Provisions
CHAPTER XXI Application for Execution and Referral
CHAPTER XXII Execution Measures
CHAPTER XXIII Suspension and Termination of Execution
Part Four Special Provisions for Civil Procedure of Cases Involving
Foreign Element
CHAPTER XXIV General Principles
CHAPTER XXV Jurisdiction
CHAPTER XXVI Service and Time Periods
CHAPTER XXVII Property Preservation
CHAPTER XXVIII Arbitration
CHAPTER XXIX Judicial Assistance

PART ONE GENERAL PROVISIONS

Chapter I The Aim, Scope of Application and Basic Principles

Article 1
The Civil Procedure Law of the People's Republic of China is formulated on the basis of the Constitution and in the light of the experience and actual conditions of our country in the trial of civil cases.
Article 2
The Civil Procedure Law of the People's Republic of China aims to protect the exercise of the litigation rights of the parties and ensure the ascertaining of facts by the people's courts, distinguish right from wrong, apply the law correctly, try civil cases promptly, affirm civil
rights and obligations, impose sanctions for civil wrongs, protect the lawful rights and interests of the parties, educate citizens to voluntarily abide by the law, maintain the social and economic order, and guarantee the smooth progress of the socialist construction.
Article 3
In dealing with civil litigation arising from disputes on property and personal relations between citizens, legal persons or other organizations and between the three of them, the people's courts shall apply the provisions of this Law.
Article 4
Whoever engages in civil litigation within the territory of the People's Republic of China must abide by this Law.
Article 5
Aliens, stateless persons, foreign enterprises and organizations that bring suits or enter appearance in the people's courts shall have the same litigation rights and obligations as citizens, legal persons and other organizations of the People's Republic of China.
If the courts of a foreign country impose restrictions on the civil litigation rights of the citizens, legal persons and other organizations of the People's Republic of China, the people's courts of the People's Republic of China shall follow the principle of reciprocity regarding the
civil litigation rights of the citizens, enterprises and organizations of that foreign country.
Article 6
The people's courts shall exercise judicial powers with respect to civil cases. The people's courts shall try civil cases independently in accordance with the law, and shall be subject to no interference by any administrative organ, public organization or individual.
Article 7
In trying civil cases, the people's courts must base themselves on facts and take the law as the criterion.
Article 8
The parties in civil litigation shall have equal litigation rights. The people's courts shall, in conducting the trials, safeguard their rights, facilitate their exercising the rights, and apply the law equally to them.
Article 9
In trying civil cases, the people's courts shall conduct conciliation for the parties on a voluntary and lawful basis; if conciliation fails, judgments shall be rendered without delay.
Article 10
In trying civil cases, the people's courts shall, according to the provisions of the law, follow the systems of panel hearing, withdrawal, public trial and the court of second instance being that of last instance.
Article 11
Citizens of all nationalities shall have the right to use their native spoken and written languages in civil proceedings.
Where minority nationalities live in aggregation in a community or where several nationalities live together in one area, the people's courts shall conduct hearings and issue legal documents in the spoken and written languages commonly used by the local nationalities.
The people's courts shall provide translations for any participant in the proceedings who is not familiar with the spoken or written languages commonly used by the local nationalities.
Article 12
Parties to civil actions are entitled in the trials by the people's courts to argue for themselves.
Article 13
The parties are free to deal with their own civil rights and litigation
rights the way they prefer within the scope provided by the law.
Article 14
The people's procuratorates shall have the right to exercise legal
supervision over civil proceedings.
Article 15
Where an act has infringed upon the civil rights and interests of the
State, a collective organization or an individual, any State organ, public
organization, enterprise or institution may support the injured unit or
individual to bring an action in a people's court.
Article 16
The people's conciliation committees shall be mass organizations to
conduct conciliation of civil disputes under the guidance of the grass-
roots level people's governments and the basic level people's courts.
The people's conciliation committee shall conduct conciliation for the
parties according to the Law and on a voluntary basis. The parties
concerned shall carry out the settlement agreement reached through
conciliation; those who decline conciliation or those for whom
conciliation has failed or those who have backed out of the settlement
agreement may institute legal proceedings in a people's court.
If a people's conciliation committee, in conducting conciliation of civil
disputes, acts contrary to the law, rectification shall be made by the
people's court.
Article 17
The people's congresses of the national autonomous regions may formulate,
in accordance with the Constitution and the principles of this Law, and in
conjunction with the specific circumstances of the local nationalities,
adaptive and supplementary provisions. Such provisions made by an
autonomous region shall be submitted to the Standing Committee of the
National People's Congress for approval; those made by an autonomous
prefecture or autonomous county shall be submitted to the standing
committee of the people's congress of the relevant province or autonomous
region for approval and to the Standing Committee of the National People's
Congress for the record.

Chapter II Jurisdiction

Section 1 Jurisdiction by Forum Level
Article 18
The basic people's courts shall have jurisdiction as courts of first
instance over civil cases, unless otherwise provided in this Law.
Article 19
The intermediate people's courts shall have jurisdiction as courts of
first instance over the following civil cases:
(1) major cases involving foreign element;
(2) cases that have major impact on the area under their jurisdiction; and
(3) cases as determined by the Supreme People's Court to be under the
jurisdiction of the intermediate people's courts.
Article 20
The high people's courts shall have jurisdiction as courts of first
instance over civil cases that have major impact on the areas under their
jurisdiction.
Article 21
The Supreme People's Court shall have jurisdiction as the court of first
instance over the following civil cases:
(1) cases that have major impact on the whole country; and
(2) cases that the Supreme People's Court deems it should try.
Section 2 Territorial Jurisdiction
Article 22
A civil lawsuit brought against a citizen shall be under the jurisdiction
of the people's court of the place where the defendant has his domicile;
if the place of the defendant's domicile is different from that of his
habitual residence, the lawsuit shall be under the jurisdiction of the
people's court of the place of his habitual residence.
A civil lawsuit brought against a legal person or any other organization
shall be under the jurisdiction of the people's court of the place where
the defendant has his domicile.
Where the domiciles or habitual residences of several defendants in the
same lawsuit are in the areas under the jurisdiction of two or more
people's courts, all of those people's courts shall have jurisdiction over
the lawsuit.
Article 23
The civil lawsuits described below shall be under the jurisdiction of the
people's court of the place where the plaintiff has his domicile; if the
place of the plaintiff's domicile is different from that of his habitual
residence, the lawsuit shall be under the jurisdiction of the people's
court of the place of the plaintiff's habitual residence:
(1) those concerning personal status brought against persons not residing
within the territory of the People's Republic of China;
(2) those concerning the personal status of persons whose whereabouts are
unknown or who have been declared as missing;
(3) those brought against persons who are undergoing rehabilitation
through labour; and
(4) those brought against persons who are in imprisonment.
Article 24
A lawsuit brought on a contract dispute shall be under the jurisdiction of
the people's court of the place where the defendant has his domicile or
where the contract is performed.
Article 25
The parties to a contract may agree to choose in their written contract
the people's court of the place where the defendant has his domicile,
where the contract is performed, where the contract is signed, where the
plaintiff has his domicile or where the object of the action is located to
exercise jurisdiction over the case, provided that the provisions of this
Law regarding jurisdiction by forum level and exclusive jurisdiction are
not violated.
Article 26
A lawsuit brought on an insurance contract dispute shall be under the
jurisdiction of the people's court of the place where the defendant has
his domicile or where the insured object is located.
Article 27
A lawsuit brought on a bill dispute shall be under the jurisdiction of the
people's court of the place where the bill is to be paid or where the
defendant has his domicile.
Article 28
A lawsuit arising from a dispute over a railway, road, water, or air
transport contract or over a combined transport contract shall be under
the jurisdiction of the people's court of the place of dispatch or the
place of destination or where the defendant has his domicile.
Article 29
A lawsuit brought on a tortious act shall be under the jurisdiction of the
people's court of the place where the tort is committed or where the
defendant has his domicile.
Article 30
A lawsuit brought on claims for damages caused by a railway, road, water
transport or air accident shall be under the jurisdiction of the people's
court of the place where the accident occurred or where the vehicle or
ship first arrived after the accident or where the aircraft first landed
after the accident, or where the defendant has his domicile.
Article 31
A lawsuit brought on claims for damages caused by a collision at sea or by
any other maritime accident shall be under the jurisdiction of the
people's court of the place where the collision occurred or where the ship
in collision first docked after the accident or where the ship at fault
was detained, or where the defendant has his domicile.
Article 32
A lawsuit instituted for expenses of maritime salvage shall be under the
jurisdiction of the people's court of the place where the salvage took
place or where the salvaged ship first docked after the disaster.
Article 33
A lawsuit brought for general average shall be under the jurisdiction of
the people's court of the place where the ship first docked or where the
adjustment of general average was conducted or where the voyage ended.
Article 34
The following cases shall be under the exclusive jurisdiction of the
people's courts herein specified:
(1) a lawsuit brought on a dispute over real estate shall be under the
jurisdiction of the people's court of the place where the estate is
located;
(2) a lawsuit brought on a dispute over harbour operations shall be under
the jurisdiction of the people's court of the place where the harbour is
located; and
(3) a lawsuit brought on a dispute over succession shall be under the
jurisdiction of the people's court of the place where the decedent had his
domicile upon his death, or where the principal part of his estate is
located.
Article 35
When two or more people's courts have jurisdiction over a lawsuit, the
plaintiff may bring his lawsuit in one of these people's courts; if the
plaintiff brings the lawsuit in two or more people's courts that have
jurisdiction over the lawsuit, the people's court in which the case was
first entertained shall have jurisdiction.
Section 3 Transfer and Designation of Jurisdiction
Article 36
If a people's court finds that a case it has entertained is not under its
jurisdiction, it shall refer the case to the people's court that has
jurisdiction over the case. The people's court to which a case has been
referred shall entertain the case, and if it considers that, according to
the relevant regulations, the case referred to it is not under its
jurisdiction, it shall report to a superior people's court for the
designation of jurisdiction and shall not independently refer the case
again to another people's court.
Article 37
If a people's court which has jurisdiction over a case is unable to
exercise the jurisdiction for special reasons, a superior people's court
shall designate another court to exercise jurisdiction.
In the event of a jurisdictional dispute between two or more people's
courts, it shall be resolved by the disputing parties through
consultation; if the dispute cannot be so resolved, it shall be reported
to their common superior people's court for the designation of
jurisdiction.
Article 38
If a party to an action objects to the jurisdiction of a people's court
after the court has entertained the case, the party must raise the
objection within the period prescribed for the submission of defence. The
people's court shall examine the objection. If the objection is
established, the people's court shall order the case to be transferred to
the people's court that has jurisdiction over it; if not, the people's
court shall reject it.
Article 39
The people's courts at higher levels shall have the power to try civil
cases over which the people's courts at lower levels have jurisdiction as
courts of first instance; they may also transfer civil cases over which
they themselves have jurisdiction as courts of first instance to people's
courts at lower levels for trial. If a people's court at a lower level
that has jurisdiction over a civil case as court of first instance deems
it necessary to have the case to be tried by a people's court at a higher
level, it may submit it to and request the people's court at a higher
level to try the case.

Chapter III Trial Organization

Article 40
The people's court of first instance shall try civil cases by a collegial
panel composed of both judges and judicial assessors or of judges alone.
The collegial panel must have an odd number of members.
Civil cases in which summary procedure is followed shall be tried by a
single judge alone.
When performing their duties, the judicial assessors shall have equal
rights and obligations as the judges.
Article 41
The people's court of second instance shall try civil cases by a collegial
panel of judges. The collegial panel must have an odd number of members.
For the retrial of a remanded case, the people's court of first instance
shall form a new collegial panel in accordance with the procedure of first
instance. If a case for retrial was originally tried at first instance, a
new collegial panel shall be formed according to the procedure of first
instance; if the case was originally tried at second instance or was
brought by a people's court at a higher level to it for trial, a new
collegial panel shall be formed according to the procedure of second
instance.
Article 42
The president of the court or the chief judge of a division of the court
shall designate a judge to serve as the presiding judge of the collegial
panel; if the president or the chief judge participates in the trial, he
himself shall serve as the presiding judge.
Article 43
When deliberating a case, a collegial panel shall observe the rule of
majority. The deliberations shall be recorded in writing, and the
transcript shall be signed by the members of the collegial panel.
Dissenting opinions in the deliberations must be truthfully entered in the
transcript.
Article 44
The judicial officers shall deal with all cases impartially and in
accordance with the law.
The judicial officers shall not accept any treat or gift from the parties
or their agents ad litem.
Any judicial officer who commits embezzlement, accepts bribes, engages in
malpractice for personal benefits or who perverts the law in passing
judgment shall be investigated for legal responsibility; if the act
constitutes a crime, the offender shall be investigated for criminal
responsibility according to the law.

Chapter IV Withdrawal

Article 45
A judicial officer shall of himself withdraw from the case, and the
parties thereto shall be entitled to apply orally or in writing for his
withdrawal in any of the following circumstances:
(1) he being a party to the case or a near relative of a party or an agent
ad litem in the case;
(2) he being an interested party in the case; or
(3) he having some other kind of relationship with a party to the case,
which might affect the impartiality of the trial.
The above provisions shall also apply to clerks, interpreters, expert
witnesses and inspection personnel.
Article 46
In applying for the withdrawal, the party shall state the reason and
submit the application at the beginning of the proceedings; the
application may also be submitted before the closing of arguments in court
if the reason for the withdrawal is known to him only after the
proceedings begin.
Pending a decision by the people's court regarding the withdrawal applied
for, the judicial officer concerned shall temporarily suspend his
participation in the proceedings, with the exception, however, of cases
that require the taking of emergency measures.
Article 47
The withdrawal of the presiding judge who is president of the court shall
be decided by the judicial committee; the withdrawal of judicial officers
shall be decided by the court president; and the withdrawal of other
personnel by the presiding judge.
Article 48
The decision of a people's court on an application made by any party for
withdrawal shall be made orally or in writing within three days after the
application was made. If the applicant is not satisfied with the decision,
he may apply for reconsideration which could be granted only once. During
the period of reconsideration, the person whose withdrawal has been
applied for shall not suspend his participation in the proceedings. The
decision of a people's court on the reconsideration shall be made within
three days after receiving the application and the applicant shall be
notified of it accordingly.

Chapter V Participants in Proceedings

Section 1 Parties
Article 49
Any citizen, legal person and any other organization may become a party to
a civil action.
Legal persons shall be represented by their legal representatives in the
litigation. Other organizations shall be represented by their principal
heads in the proceedings.
Article 50
Parties to an action shall have the right to appoint agents, apply for
withdrawals, collect and provide evidence, proffer arguments, request
conciliation, file an appeal and apply for execution.
Parties to an action may have access to materials pertaining to the case
and make copies thereof and other legal documents pertaining to the case.
The scope of and rules for consulting and making copies of them shall be
specified by the Supreme People's Court.
Parties to an action must exercise their litigation rights in accordance
with the law, observe the procedures and carry out legally effective
written judgments or orders and conciliation statements.
Article 51
The two parties may reach a compromise of their own accord.
Article 52
The plaintiff may relinquish or modify his claims. The defendant may admit
or rebut the claims and shall have the right to file counterclaims.
Article 53
When one party or both parties consist of two or more than two persons,
their object of action being the same or of the same category and the
people's court considers that, with the consent of the parties, the action
can be tried combined, it is a joint action.
If a party of two or more persons to a joint action have common rights and
obligations with respect to the object of action and the act of any one of
them is recognized by the others of the party, such an act shall be valid
for all the rest of the party; if a party of two or more persons have no
common rights and obligations with respect to the object of action, the
act of any one of them shall not be valid for the rest.
Article 54
If the persons comprising a party to a joint action is large in number,
the party may elect representatives from among themselves to act for them
in the litigation. The acts of such representatives in the litigation
shall be valid for the party they represent. However, modification or
waiver of claims or admission of the claims of the other party or pursuing
a compromise with the other party by the representatives shall be subject
to the consent of the party they represent.
Article 55
Where the object of action is of the same category and the persons
comprising one of the parties is large but uncertain in number at the
commencement of the action, the people's court may issue a public notice,
stating the particulars and claims of the case and informing those
entitled to participate in the action to register their rights with the
people's court within a fixed period of time.
Those who have registered their rights with the people's court may elect
representatives from among themselves to proceed with the litigation; if
the election fails its purpose, such representatives may be determined by
the people's court through consultation with those who have registered
their rights with the court.
The acts of such representative in the litigation shall be valid for the
party they represent; however, modification or waiver of claims or
admission of the claims of the other party or pursuing a compromise with
the other party by the representatives shall be subject to the consent of
the party they represent.
The judgments or written orders rendered by the people's court shall be
valid for all those who have registered their rights with the court. Such
judgments or written orders shall apply to those who have not registered
their rights but have instituted legal proceedings during period of
limitation of the action.
Article 56
If a third party considers that he has an independent claim to the object
of action of both parties, he shall have the right to bring an action.
Where the outcome of the case will affect a third party's legal interest,
such party, though having no independent claim to the object of action of
both parties, may file a request to participate in the proceedings or the
people's court shall notify the third party to participate. A third party
that is to bear civil liability in accordance with the judgment of the
people's court shall be entitled to the rights and obligations of a party
in litigation.
Section 2 Agents ad Litem
Article 57
Any person with no legal capacity to engage in litigation shall have his
guardian or guardians as statutory agents to act for him in a lawsuit. If
the statutory agents try to shift responsibility as agents ad litem upon
one another, the people's court shall appoint one of them to represent the
person in litigation.
Article 58
A party to an action, or statutory agent may appoint one or two persons to
act as his agents ad litem.
A lawyer, a near relative of the party, a person recommended by a relevant
social organization or a unit to which the party belongs or any other
citizen approved by the people's court may be appointed as the party's
agent ad litem.
Article 59
When a person appoints another to act on his behalf in litigation, he must
submit to the people's court a power of attorney bearing his signature or
seal.
The power of attorney must specify the matters entrusted and the powers
conferred. An agent ad litem must obtain special powers from his principal
to admit, waive or modify claims, or to compromise or to file a
counterclaim or an appeal.
A power of attorney mailed or delivered through others by a citizen of the
People's Republic of China residing abroad must be certified by the
Chinese embassy or consulate accredited to that country. If there is no
Chinese embassy or consulate in that country, the power of attorney must
be certified by an embassy or a consulate of a third country accredited to
that country that has diplomatic relations with the People's Republic of
China, and then transmitted for authentication to the embassy or consulate
of the People's Republic of China accredited to that third country, or it
must be certified by a local patriotic overseas Chinese organization.
Article 60
A party to an action shall inform the people's court in writing if he
changes or revokes the powers of an agent ad litem, and the court shall
notify the other party of the change or revocation.
Article 61
A lawyer who serves as an agent ad litem and other agents ad litem shall
have the right to investigate and collect evidence, and may have access to
materials pertaining to the case. The scope of and rules for consulting
materials pertaining to the case shall be specified by the Supreme
People's Court.
Article 62
In a divorce case in which the parties to the action have been represented
by their agents ad litem, the parties themselves shall still appear in
court in person, unless they are incapable of expressing their own will. A
party who is truly unable to appear in court due to a special reason shall
submit his views in writing to the people's court.

Chapter VI Evidence

Article 63
Evidence shall be classified as follows:
(1) documentary evidence;
(2) material evidence;
(3) audio-visual material;
(4) testimony of witnesses;
(5) statements of the parties;
(6) expert conclusions; and
(7) records of inspection.
The above-mentioned evidence must be verified before it can be taken as a
basis for ascertaining a fact.
Article 64
It is the duty of a party to an action to provide evidence in support of
his allegations.
If, for objective reasons, a party and his agent ad litem are unable to
collect the evidence by themselves or if the people's court considers the
evidence necessary for the trial of the case, the people's court shall
investigate and collect it.
The people's court shall, in accordance with the procedure prescribed by
the law, examine and verify evidence comprehensively and objectively.
Article 65
The people's court shall have the right to make investigation and collect
evidence from the relevant units or individuals; such units or individuals
may not refuse to provide information and evidence.
The people's court shall verify the authenticity, examine and determine
the validity of the certifying documents provided by the relevant units or
individuals.
Article 66
Evidence shall be presented in court and cross-examined by the parties
concerned. But evidence that involves State secrets, trade secrets and
personal privacy shall be kept confidential. If it needs to be presented
in court, such evidence shall not be presented in an open court session.
Article 67
The people's court shall take the acts, facts and documents legalized by
notarization according to legal procedures as the basis for ascertaining
facts, unless there is evidence to the contrary sufficient to invalidate
the notarization.
Article 68
Any document submitted as evidence must be the original. Material evidence
must also be original. If it is truly difficult to present the original
document or thing, then reproductions, photographs, duplicates or extracts
of the original may be submitted.
If a document in a foreign language is submitted as evidence, a Chinese
translation must be appended.
Article 69
The people's court shall verify audio-visual materials and determine after
their examination in the light of other evidence in the case whether they
can be taken as a basis for ascertaining the facts.
Article 70
All units and individuals who have knowledge of a case shall be under the
obligation of giving testimony in court. Responsible heads of the relevant
units shall support the witnesses to give testimony. When it is truly
difficult for a witness to appear in court, he may, with the consent of
the people's court, submit a written testimony.
Any person who is incapable of expressing his will properly shall not give
testimony.
Article 71
The people's court shall examine the statements of the parties concerned
in the light of other evidence in the case to determine whether the
statements can be taken as a basis for ascertaining the facts.
The refusal of a party to make statements shall not prevent the people's
court from ascertaining the facts of a case on the basis of other
evidence.
Article 72
When the people's court deems it necessary to make an expert evaluation of
a problem of a technical nature, it shall refer the problem to a
department authorized by the law for the evaluation. In the absence of
such a department, the people's court shall appoint one to make the expert
evaluation.
The authorized department and the experts designated by the department
shall have the right to consult the case materials necessary for the
evaluation and question the parties and witnesses when circumstances so
require.
The authorized department and the experts it designated shall present a
written conclusion of the evaluation duly sealed or signed by both. If the
evaluation is made by an expert alone, the unit to which the expert
belongs shall certify his status by affixing its seal to the expert's
conclusion.
Article 73
When inspecting material evidence or a site, the inspector must produce
his credentials issued by a people's court. He shall request the local
grass-roots organization or the unit to which the party to the action
belongs to send persons to participate in the inspection. The party
concerned or an adult member of his family shall be present; their refusal
to appear on the scene, however, shall not hinder the inspection. Upon
notification by the people's court, the relevant units and individuals
shall be under the obligation of preserving the site and assisting the
inspection. The inspector shall make a written record of the
circumstances and results of the inspection, which shall be duly signed or
sealed by the inspector, the party concerned and the participants
requested to be present.
Article 74
Under circumstances where there is a likelihood that evidence may be
destroyed or lost, or difficult to obtain later, the participants in the
proceedings may apply to the people's court for preservation of the
evidence. The people's court may also on its own initiative take measures
to preserve such evidence.

Chapter VII Time Periods and Service

Section 1 Time Periods
Article 75
Time periods shall include those prescribed by the law and those
designated by a people's court.
Time periods shall be calculated by the hour, the day, the month and the
year. The hour and day from which a time period begins shall not be
counted as within the time period.
If the expiration date of a time period falls on a holiday, then the day
immediately following the holiday shall be regarded as the expiration
date.
A time period shall not include travelling time. A litigation document
that is mailed before the deadline shall not be regarded as overdue.
Article 76
In case of failure on the part of a party to an action to meet a deadline
due to force majeure or for other justified reasons, the party concerned
may apply for an extension of the time limit within 10 days after the
obstacle is removed. The extension applied for shall be subject to
approval by a people's court.
Section 2 Service
Article 77
A receipt shall be required for every litigation document that is served
and it shall bear the date of receipt noted by the signature or seal of
the person on whom the document was served.
The date noted on the receipt by the person on whom the document was
served shall be regarded as the date of service of the document.
Article 78
Litigation documents shall be sent or delivered directly to the person on
whom they are to be served. If that person is a citizen, the documents
shall, in case of his absence, be receipted by an adult member of his
family living with him. If the person on whom they are to be served is a
legal person or any other organization, the documents shall be receipted
by the legal representatives of the legal person or the principal heads of
the other organization or anyone of the legal person or the other
organization responsible for receiving such documents; if the person on
whom they are to be served has an agent ad litem, the documents may be
receipted by the agent ad litem; if the person on whom they are to be
served has designated a person to receive litigation documents on his
behalf and has informed the people's court of it, the documents may be
receipted by the person designated.
The date put down in the receipt and signed by the adult family member
living with the person or whom the litigation documents are to be served,
or by the person responsible for receiving documents of a legal person or
any other organization, or by the agent ad litem, or the person designated
to receive documents shall be deemed the date of service of the documents.
Article 79
If the person on whom the litigation documents are to be served or the
adult family member living with him refuses to receive the documents, the
person serving the documents shall ask representatives from the relevant
grass-roots organization or the unit to which the person on whom the
documents are to be served belongs to appear on the scene, explain the
situation to them, and record on the receipt the reasons of the refusal
and the date of it. After the person serving the documents and the
witnesses have affixed their signatures or seals to the receipt, the
documents shall be left at the place where the person on whom they are to
be served lives and the service shall be deemed completed.
Article 80
If direct service proves to be difficult, service of litigation documents
may be entrusted to another people's court, or done by mail. If the
documents are served by mail, the date stated on the receipt for postal
delivery shall be deemed the date of service of the documents.
Article 81
If the person on whom the litigation documents are to be served is a
military-man, the documents shall be forwarded to him through the
political organ of the unit at or above the regimental level in the force
to which he belongs.
Article 82
If the person on whom the litigation documents are to be served is in
imprisonment, the documents shall be forwarded to him through the prison
authorities or the unit of reform through labour where the person is
serving his term.
If the person on whom the litigation documents are to be served is
undergoing rehabilitation through labour, the documents shall be forwarded
to him through the unit of his rehabilitation through labour.
Article 83
The organization or unit that receives the litigation documents to be
forwarded must immediately deliver them to and have them receipted by the
person on whom they are to be served. The date stated on the receipt shall
be deemed the date of service of the documents.
Article 84
If the whereabouts of the person on whom the litigation documents are to
be served is unknown, or if the documents cannot be served by the other
methods specified in this Section, the documents shall be served by public
announcement. Sixty days after the public announcement is made, the
documents shall be deemed to have been served.
The reasons for service by public announcement and the process gone
through shall be recorded in the case files.

Chapter VIII Conciliation

Article 85
In the trial of civil cases, the people's court shall distinguish between
right and wrong on the basis of the facts being clear and conduct
conciliation between the parties on a voluntary basis.
Article 86
When a people's court conducts conciliation, a single judge or a collegial
panel may preside over it. Conciliation shall be conducted on the spot as
much as possible.
When a people's court conducts conciliation, it may employ simplified
methods to notify the parties concerned and the witnesses to appear in
court.
Article 87
When a people's court conducts conciliation, it may invite the units or
individuals concerned to come to its assistance. The units or individuals
invited shall assist the people's court in conciliation.
Article 88
A settlement agreement reached between the two parties through
conciliation must be of their own free will and without compulsion. The
content of the settlement agreement shall not contravene the law.
Article 89
When a settlement agreement through conciliation is reached, the people's
court shall draw up a conciliation statement. The conciliation statement
shall clearly set forth the claims, the facts of the case, and the result
of the conciliation.
The conciliation statement shall be signed by the judge and the court
clerk, sealed by the people's court, and served on both parties.
Once it is receipted by the two parties concerned, the conciliation
statement shall become legally effective.
Article 90
The people's court need not draw up a conciliation statement for the
following cases when a settlement agreement is reached through
conciliation:
(1) divorce cases in which both parties have become reconciled after
conciliation;
(2) cases in which adoptive relationship has been maintained through
conciliation;
(3) cases in which the claims can be immediately satisfied; and
(4) other cases that do not require a conciliation statement.
Any settlement agreement that needs no conciliation statement shall be
entered into the written record and shall become legally effective after
being signed or sealed by both parties concerned, by the judge and by the
court clerk.
Article 91
If no agreement is reached through conciliation or if either party backs
out of the settlement agreement before the conciliation statement is
served, the people's court shall render a judgment without delay.

Chapter IX Property Preservation and Advance Execution

Article 92
In the cases where the execution of a judgment may become impossible or
difficult because of the acts of either party or for other reasons, the
people's court may, at the application of the other party, order the
adoption of measures for property preservation. In the absence of such
application, the people's court may of itself, when necessary, order the
adoption of measures for property preservation.
In adopting property preservation measures, the people's court may enjoin
the applicant to provide security; if the applicant fails to do so, his
application shall be rejected.
After receiving an application, the people's court must, if the case is
urgent, make an order within 48 hours; if the order for the adoption of
property preservation measures is made, the execution thereof shall begin
immediately.
Article 93
Any interested party whose lawful rights and interests would, due to
urgent circumstances, suffer irretrievable damage without immediately
applying for property preservation, may, before filing a lawsuit, apply to
the people's court for the adoption of property preservation measures. The
applicant must provide security; if he fails to do so, his application
shall be rejected.
After receiving an application, the people's court must make an order
within 48 hours; if the court orders the adoption of property preservation
measures, the execution thereof shall begin immediately.
If the applicant fails to bring an action within 15 days after the
people's court has adopted the preservation measures, the people's court
shall cancel the property preservation.
Article 94
Property preservation shall be limited to the scope of the claims or to
the property relevant to the case.
Property preservation shall be effected by sealing up, distraining,
freezing or other methods as prescribed by the law.
After the people's court has frozen the property, it shall promptly notify
the person whose property has been frozen.
The property that has already been sealed up or frozen shall not be sealed
up or frozen for a second time.
Article 95
If the person against whom the application for property reservation is
made provides security, the people's court shall cancel the property
reservation.
Article 96
If an application for property preservation is wrongfully made, the
applicant shall compensate the person against whom the application is made
for any loss incurred from property preservation.
Article 97
The people's court may, upon application of the party concerned, order
advance execution in respect of the following cases:
(1) those involving claims for alimony, support for children or elders,
pension for the disabled or the family of a decedent, or expenses for
medical care;
(2) those involving claims for remuneration for labour; and
(3) those involving urgent circumstances that require advance execution.
Article 98
Cases in which advance execution is ordered by the people's court shall
meet the following conditions:
(1) the relationship of rights and obligations between the parties
concerned is clear and definite, and denial of advance execution would
seriously affect the livelihood or production operations of the applicant;
and
(2) the person against whom the application for advance execution is made
is capable of fulfilling his obligations.
The people's court may enjoin the applicant to provide security; if the
applicant fails to do so, his application shall be rejected. If the
applicant loses the lawsuit, he shall compensate the person against whom
the application is made for any loss of property incurred from the advance
execution.
Article 99
If the party concerned is not satisfied with the order made on property
preservation or execution, he may apply for reconsideration which could be
granted only once. Execution of the order shall not be suspended during
the time of reconsideration.

Chapter X Compulsory Measures Against Obstruction of CivilProceedings

Article 100
If a defendant is required to appear in court, but, having been served
twice with summons, still refuses to do so without justified reason, the
people's court may constrain him to appear in court by a peremptory writ.
Article 101
Participants and other persons in the court proceedings shall abide by the
court rules.
If a person violates the court rules, the people's court may reprimand
him, or order him to leave the courtroom, or impose a fine on or detain
him.
A person who seriously disrupts court order by making an uproar in the
court or rushing at it, or insulting, slandering, threatening, or
assaulting the judicial officers, shall be investigated for criminal
responsibility by the people's court according to the law; if the offence
is a minor one, the offender may be detained or a fine imposed on him.
Article 102
If a participant or any other person in the proceedings commits any one of
the following acts, the people's court shall, according to the seriousness
of the act, impose a fine on him or detain him; if the act constitutes a
crime, the offender shall be investigated for criminal responsibility
according to law.
(1) forging or destroying important evidence, which would obstruct the
trial of a case by the people's court;
(2) using violence, threats or subordination to prevent a witness from
giving testimony, or instigating, suborning, or coercing others to commit
perjury;
(3) concealing, transferring, selling or destroying property that has been
sealed up or distrained, or property of which an inventory has been made
and which has been put under his care according to court instruction, or
transferring the property that has been frozen;
(4) insulting, slandering, incriminating with false charges, assaulting or
maliciously retaliating against judicial officers or personnel,
participants in the proceedings, witnesses, interpreters, evaluation
experts, inspectors, or personnel assisting in execution;
(5) using violence, threats or other means to hinder judicial officers or
personnel from performing their duties; or
(6) refusing to carry out legally effective judgments or orders of the
people's court.
With respect to a unit that commits any one of the acts specified above,
the people's court may impose a fine on or detain its principal heads or
the persons who are held actually responsible for the act; if the act
constitutes a crime, investigations for criminal responsibility shall be
made according to the law.
Article 103
Where a unit which is under an obligation to assist in investigation and
execution commits any one of the following acts, the people's court may,
apart from enjoining it to perform its obligation, also impose a fine:
(1) refusing or obstructing the investigation and collection of evidence
by the people's court;
(2) refusing by banks, credit cooperatives or other units dealing with
savings deposit, after receiving a notice for assistance in execution from
the people's court, to assist in inquiring into, freezing or transferring
the relevant deposit.
(3) refusing by the unit concerned, after receiving a notice for
assistance in execution from the people's court, to assist in withholding
the income of the party subject to execution, in going through the
formalities of transferring the relevant certificates of property rights
or in transferring the relevant negotiable instruments, certificates, or
other property; or
(4) refusing to provide other obligatory assistance in the execution.
With respect to a unit that commits any one of the acts specified above,
the people's court may impose a fine on its principal heads or the persons
who are held actually responsible for the act. The people's court may also
put forward a judicial proposal to the supervisory organ or any relevant
organ for the imposition of disciplinary sanctions.
Article 104
A fine on an individual shall not exceed Renminbi 1,000 yuan. A fine on a
unit shall not be less than Renminbi 1,000 yuan and shall not exceed
Renminbi 30,000 yuan.
The period of detention shall not be longer than 15 days.
The people's court shall deliver detained persons to a public security
organ for custody. The people's court may decide to advance the time of
release, if the detainee admits and mends his wrongdoings.
Article 105
Constrained appearance in court, imposition of a fine or detention shall
be subject to the approval of the president of the people's court.
A peremptory writ shall be issued for constraining appearance in court. A
decision in writing shall be made for the imposition of a fine or
detention. The offender, if dissatisfied with the decision, may apply to
a people's court at a higher level for reconsideration which could be
granted only once. The execution of the decision shall not be suspended
during the time of reconsideration.
Article 106
Decision on the adoption of compulsory measures against obstruction of
proceedings shall be made only by the people's court. Any unit or
individual that extorts repayment of a debt by illegal detention of a
person or illegal distrainment of property shall be investigated for
criminal responsibility according to the law, or shall be punished with
detention or a fine.

Chapter XI Litigation Costs

Article 107
Any party filing a civil lawsuit shall pay court costs according to the
rules. For property cases, the party shall pay other fees in addition to
the court costs. Any party that has genuine difficulty in paying
litigation costs may, according to the relevant rules, apply to the
people's court for deferment or reduction of the payment or for its
exemption.
Particulars for payment of litigation costs shall be laid down separately.

PART TWO TRIAL PROCEDURE

Chapter XII Ordinary Procedure of First Instance

Section 1 Bringing a Lawsuit and Entertaining a Case
Article 108
The following conditions must be met when a lawsuit is brought:
(1) the plaintiff must be a citizen, legal person or any other
organization that has a direct interest in the case;
(2) there must be a definite defendant;
(3) there must be specific claim or claims, facts, and cause or causes for
the suit; and
(4) the suit must be within the scope of acceptance for civil actions by
the people's court and under the jurisdiction of the people's court where
the suit is entertained.
Article 109
When a lawsuit is brought, a statement of complaint shall be submitted to
the people's court, and copies of the statement shall be provided
according to the number of defendants.
If the plaintiff has genuine difficulty in presenting the statement of
complaint in writing, he may state his complaint orally; the people's
court shall transcribe the complaint and inform the other party of it
accordingly.
Article 110
A statement of complaint shall clearly set forth the following:
(1) the name, sex, age, ethnic status, occupation, work unit and home
address of the parties to the case; if the parties are legal persons or
any other organizations, their names, addresses and the names and posts of
the legal representatives or the principal heads.
(2) the claim or claims of the suit, the facts and grounds on which the
suit is based; and
(3) the evidence and its source, as well as the names and home addresses
of the witnesses.
Article 111
The people's court must entertain the lawsuits filed in conformity with
the provisions of Article 108 of this Law. With respect to lawsuits
described below, the people's court shall deal with them in the light of
their specific circumstances:
(1) for a lawsuit within the scope of administrative actions in accordance
with the provisions of the Administrative Procedure Law, the people's
court shall advise the plaintiff to institute administrative proceedings;
(2) if, according to the law, both parties have on a voluntary basis
reached a written agreement to submit their contract dispute to an
arbitral organ for arbitration, they may not institute legal proceedings
in a people's court. The people's court shall advise the plaintiff to
apply to the arbitral organ for arbitration;
(3) in case of disputes which, according to the law, shall be dealt with
by other organs, the people's court shall advise the plaintiff to apply to
the relevant organ for settlement;
(4) with respect to cases that are not under its jurisdiction, the
people's court shall advise the plaintiff to bring a lawsuit in the
competent people's court;
(5) with respect to cases in which a judgment or order has already taken
legal effect, but either party brings a suit again, the people's court
shall advise that party to file an appeal instead, except when the order
of the people's court is one that permits the withdrawal of a suit;
(6) with respect to an action that may not be filed within a specified
period according to the law, it shall not be entertained, if it is filed
during that period.
(7) in a divorce case in which a judgment has been made disallowing the
divorce, or in which both parties have become reconciled after
conciliation, or in a case concerning adoptive relationship in which a
judgment has been made or conciliation has been successfully conducted to
maintain the adoptive relation-ship, if the plaintiff files a suit again
within six months in the absence of any new developments or new reasons,
it shall not be entertained.
Article 112
When a people's court receives a statement of complaint or an oral
complaint and finds after examination that it meets the requirements for
acceptance, the court shall place the case on the docket within seven days
and notify the parties concerned; if it does not meet the requirements for
acceptance the court shall make an order within seven days to reject it.
The plaintiff, if not satisfied with the order, may file an appeal.
Section 2 Preparations for Trial
Article 113
The people's court shall send a copy of the statement of complaint to the
defendant within five days after docketing the case, and the defendant
shall file a defence within 15 days from receipt of the copy of the
statement of complaint. When the defendant files a defence, the people's
court shall send a copy of it to the plaintiff within five days from its
receipt. Failure by the defendant to file a defence shall not prevent the
case from being tried by the people's court.
Article 114
The people's court shall, with respect to cases whose acceptance has been
decided, inform the parties in the notification of acceptance and in the
notification calling for responses to the action of their relevant
litigation rights and obligations of which the parties may likewise be
informed orally.
Article 115
The parties shall be notified within three days after the members of the
collegial panel are determined.
Article 116
The judicial officers must carefully examine and verify the case materials
and carry out investigations and collection of necessary evidence.
Article 117
The personnel sent by a people's court to conduct investigations shall
produce their credentials before the person to be investigated.
The written record of an investigation shall be checked by the person
investigated and then signed or sealed by both the investigator and the
investigated.
Article 118
A people's court may, when necessary, entrust a people's court in another
locality with the investigations.
The entrusting people's court shall clearly set out the matters for and
requirements of the entrusted investigations. The entrusted people's court
may on its own initiative conduct supplementary investigations.
The entrusted people's court shall complete the investigations within 30
days after receiving the commission in writing. If for some reason it
cannot complete the investigations, the said people's court shall notify
the entrusting people's court in writing within the above-mentioned time
limit.
Article 119
If a party who must participate in a joint action fails to participate in
the proceedings, the people's court shall notify him to participate.
Section 3 Trial in Court
Article 120
Civil cases shall be tried in public, except for those that involve State
secrets or personal privacy or are to be tried otherwise as provided by
the law.
A divorce case or a case involving trade secrets may not be heard in
public if a party so requests.
Article 121
For civil cases, the people's court shall, whenever necessary, go on
circuit to hold trials on the spot.
Article 122
For civil cases, the people's court shall notify the parties and other
participants in the proceedings three days before the opening of a court
session. If a case is to be tried in public, the names of the parties, the
cause of action and the time and location of the court session shall be
announced publicly.
Article 123
Before a court session is called to order, the court clerk shall ascertain
whether or not the parties and other participants in the proceedings are
present and announce the rules of order of the court.
At the beginning of a court session, the presiding judge shall check the
parties present, announce the cause of action and the names of the
judicial officers and court clerks, inform the parties of their relevant
litigation rights and obligations and ask the parties whether or not they
wish to apply for the withdrawal of any court personnel.
Article 124
Court investigation shall be conducted in the following order:
(1) statements by the parties;
(2) informing the witnesses of their rights and obligations, giving
testimony by the witnesses and reading of the written statements of
absentee witnesses;
(3) presentation of documentary evidence, material evidence and
audio-visual material;
(4) reading of expert conclusions; and
(5) reading of records of inspection.
Article 125
The parties may present new evidence during a court session.
With the permission of the court, the parties may put questions to
witnesses, expert witnesses and inspectors.
Any request by the parties concerned for a new investigation, expert
evaluation or inspection shall be subject to the approval of the people's
court.
Article 126
Additional claims by the plaintiff, counterclaims by the defendant and
third-party claims related to the case may be tried in combination.
Article 127
Court debate shall be conducted in the following order:
(1) oral statements by the plaintiff and his agents ad litem;
(2) defence by the defendant and his agents ad litem;
(3) oral statement or defence by the third party and his agents ad litem;
(4) debate between the two sides.
At the end of the court debate, the presiding judge shall ask each side,
first the plaintiff, then the defendant, and then the third party, for
their final opinion respectively.
Article 128
At the end of the court debate, a judgment shall be made according to the
law. Where conciliation is possible prior to the rendering of a judgment,
conciliation efforts may be made; if conciliation proves to be
unsuccessful, a judgment shall be made without delay.
Article 129
If a plaintiff, having been served with a summons, refuses to appear in
court without justified reasons, or if he withdraws during a court session
without the permission of the court, the case may be considered as
withdrawn by him; if the defendant files a counterclaim in the mean time,
the court may make a judgment by default.
Article 130
If a defendant, having been served with a summons, refuses to appear in
court without justified reasons, or if he withdraws during a court session
without the permission of the court, the court may make a judgment by
default.
Article 131
If a plaintiff applies for withdrawal of the case before the judgment is
pronounced, the people's court shall decide whether to approve or
disapprove it. If withdrawal of the case is not allowed by an order of the
people's court, and the plaintiff, having been served with a summons,
refuses to appear in court without justified reasons, the people's court
may make a judgment by default.
Article 132
Under any of the following circumstances, the trial may be adjourned:
(1) the parties concerned and other participants in the proceedings
required to appear in court fail to do so for justified reasons;
(2) any party concerned makes an extempore application for the withdrawal
of a judicial officer; or
(3) it is necessary to summon new witnesses to court, collect new
evidence, make a new expert evaluation, new inspection, or to make a
supplementary investigation; or
(4) other circumstances that warrant the adjournment.
Article 133
The court clerk shall make a written record of the entire court
proceedings, which shall be signed by him and the judicial officers.
The court record shall be read out in court, or else the parties and other
participants in the proceedings may be notified to read the record while
in court or within five days. If they consider that there are omissions or
errors in the record of their own statements, the parties or other
participants in the proceedings shall have the right to apply for
rectifications. If such rectifications are not made, the application shall
be placed on record in the case file.
The court record shall be signed or sealed by the parties and other
participants in the proceedings. Refusal to do so shall be put on record
in the case file.
Article 134
The people's court shall publicly pronounce its judgment in all cases,
whether publicly tried or not.
If a judgment is pronounced in court, the written judgment shall be issued
and delivered within ten days; if a judgment is pronounced later on a
fixed date, the written judgment shall be issued and given immediately
after the pronouncement.
Upon pronouncement of a judgment, the parties concerned must be informed
of their right to file an appeal, the time limit for appeal and the court
to which they may appeal.
Upon pronouncement of a divorce judgment, the parties concerned must be
informed not to remarry before the judgment takes legal effect.
Article 135
A people's court trying a case in which the ordinary procedure is
followed, shall conclude the case within six months after docketing the
case. Where an extension of the period is necessary under special
circumstances, a six-month extension may be allowed subject to the
approval of the president of the court. Further extension, if needed,
shall be reported to the people's court at a higher level for approval.
Section 4 Suspension and Termination of Legal Proceedings
Article 136
Legal proceedings shall be suspended in any of the following
circumstances:
(1) one of the parties dies and it is necessary to wait for the heir or
heiress to make clear whether to participate or not in the proceedings;
(2) one of the parties has lost the capacity to engage in litigation and
his agent ad item has not been designated yet;
(3) the legal person or any other organization as one of the parties has
dissolved, and the successor to its rights and obligations has not been
determined yet;
(4) one of the parties is unable to participate in the proceedings for
reasons of force majeure;
(5) the adjudication of the case pending is dependent on the results of
the trial of another case that has not yet been concluded; or
(6) other circumstances that warrant the suspension of the litigation.
The proceedings shall resume after the causes of the suspension have been
eliminated.
Article 137
Legal proceedings shall be terminated in any of the following
circumstances:
(1) the plaintiff dies without a successor, or the successor waives the
right to litigate;
(2) the decedent leaves no estate, nor anyone to succeed to his
obligations;
(3) one of the parties in a divorce case dies; or
(4) one of the parties dies who is a claimant to alimony, support for
elders or children or to the termination of adoptive relationship.
Section 5 Judgment and Order
Article 138
A judgment shall clearly set forth the following:
(1) cause of action, the claims, facts and cause or causes of the dispute;
(2) the facts and causes as found in the judgment and the basis of
application of the law;
(3) the outcome of adjudication and the costs to be borne; and
(4) the time limit for filing an appeal and the appellate court with which
the appeal may be filed.
The judgment shall be signed by the judicial officers and the court clerk,
with the seal of the people's court affixed to it.
Article 139
If some of the facts in a case being tried by the people's court are
already evident, the court may pass judgment on that part of the case
first.
Article 140
An order in writing is to be made in any of the following conditions:
(1) refusal to entertain a case;
(2) objection to the jurisdiction of a court;
(3) rejection of a complaint;
(4) property preservation and advance execution;
(5) approval or disapproval of withdrawal of a suit;
(6) suspension or termination of legal proceedings;
(7) correction of errata in the judgment;
(8) suspension or termination of execution;
(9) refusal to enforce an arbitration award;
(10) refusal to enforce a document of a notary office evidencing the
rights of a creditor and entitling him to its compulsory execution;
(11) other matters to be decided in the form of an order in writing.
An appeal may be lodged against an order in writing in Items (1), (2) and
(3) mentioned above.
An order in writing shall be signed by the judicial officers and the court
clerk, with the seal of the people's court affixed to it. If it is issued
orally, the order shall be entered in the record.
Article 141
All judgments and written orders of the Supreme People's Court, as well as
judgments and written orders that may not be appealed against according to
the law or that have not been appealed against within the prescribed time
limit, shall be legally effective.

Chapter XIII Summary Procedure

Article 142
When trying simple civil cases in which the facts are evident, the rights
and obligations clear and the disputes trivial in character, the basic
people's courts and the tribunals dispatched by them shall apply the
provisions of this Chapter.
Article 143
In simple civil cases, the plaintiff may lodge his complaint orally.
The two parties concerned may at the same time come before a basic
people's court or a tribunal dispatched by it for a solution of their
dispute. The basic people's court or the tribunal it dispatched may try
the case immediately or set a date for the trial.
Article 144
In trying a simple civil case, the basic people's court or the tribunal
dispatched by it may use simplified methods to summon at any time the
parties and witnesses.
Article 145
Simple civil cases shall be tried by a single judge alone and the trial of
such cases shall not be bound by the provisions of Articles 122, 124, and
127 of this Law.
Article 146
The people's court trying a case in which summary procedure is followed
shall conclude the case within three months after placing the case on the
docket.

Chapter XIV Procedure of Second Instance

Article 147
If a party refuses to accept a judgment of first instance of a local
people's court, he shall have the right to file an appeal with the
people's court at the next higher level within 15 days after the date on
which the written judgment was served.
If a party refuses to accept a written order of first instance of a local
people's court, he shall have the right to file an appeal with a people's
court at the next higher level within 10 days after the date on which the
written order was served.
Article 148
For filing an appeal, a petition for the purpose shall be submitted. The
content of the appeal petition shall include the names of the parties, the
names of the legal persons and their legal representatives or names of
other organizations and their principal heads; the name of the people's
court where the case was originally tried; file number of the case and the
cause of action; and the claims of the appeal and the reasons.
Article 149
The appeal petition shall be submitted through the people's court which
originally tried the case, and copies of it shall be provided according to
the number of persons in the other party or of the representatives
thereof.
If a party appeals directly to a people's court of second instance, the
said court shall within five days transmit the appeal petition to the
people's court which originally tried the case.
Article 150
The people's court which originally tried the case shall, within five days
after receiving the appeal petition, serve a copy of it on the other
party, who shall submit his defence within 15 days from the receipt of
such copy. The people's court shall, within five days after receiving the
defence, serve a copy of it on the appellant. Failure by the other party
to submit a defence shall not prevent the case from being tried by the
people's court.
After receiving the appeal petition and the defence, the people's court
which originally tried the case shall, within five days, deliver them
together with the entire case file and evidence to the people's court of
second instance.
Article 151
With respect to an appealed case, the people's court of second instance
shall review the relevant facts and the application of the law.
Article 152
With respect to a case on appeal, the people's court of second instance
shall form a collegial panel to conduct the trial. After verification of
the facts of the case through consulting the files, making investigations
and questioning the parties, if the collegial panel considers that it is
not necessary to conduct a trial, it may make a judgment or a written
order directly.
The people's court of second instance may try a case on appeal at its own
site or in the place where the case originated or where the people's court
which originally tried the case is located.
Article 153
After trying a case on appeal, the people's court of second instance
shall, in the light of the following situations, dispose of it
accordingly:
(1) if the facts were clearly ascertained and the law was correctly
applied in the original judgment, the appeal shall be rejected in the form
of a judgment and the original judgment shall be affirmed;
(2) if the application of the law was incorrect in the original judgment,
the said judgment shall be amended according to the law;
(3) if in the original judgment the facts were incorrectly or not clearly
ascertained and the evidence was insufficient, the people's court of
second instance shall make a written order to set aside the judgment and
remand to case to the original people's court for retrial, or the people's
court of second instance may amend the judgment after investigating and
clarifying the facts; or
(4) if there was violation of legal procedure in making the original
judgment, which may have affected correct adjudication, the judgment shall
be set aside by a written order and the case remanded to the original
people's court for retrial. The parties concerned may appeal against the
judgment or written order rendered in a retrial of their case.
Article 154
The people's court of second instance shall decide in the form of orders
in writing all cases of appeal against the written orders made by the
people's court of first instance.
Article 155
In dealing with a case on appeal, a people's court of second instance may
conduct conciliation. If an agreement is reached through conciliation, a
conciliation statement shall be made and signed by the judicial officers
and the court clerk, with the seal of the people's court affixed to it.
After the conciliation statement has been served, the original judgment of
the lower court shall be deemed as set aside.
Article 156
If an appellant applies for withdrawal of his appeal before a people's
court of second instance pronounces its judgment, the court shall decide
whether to approve the application or not.
Article 157
In the trial of a case on appeal, the people's court of second instance
shall, apart from observing the provisions of this Chapter, follow the
ordinary procedure for trials of first instance.
Article 158
he judgment and the written order of a people's court of second instance
shall be final.
Article 159
The people's court trying a case on appeal shall conclude the case within
three months after docketing the case. Any extension of the period
necessitated by special circumstances shall be subject to the approval of
the president of the court.
The people's court trying a case on appeal against a written order shall,
within 30 days after docketing the case for second instance trial, make a
written order which is final.

Chapter XV Special Procedure

Section 1 General Provisions
Article 160
When the people's courts try cases concerning the qualification of voters,
the declaration of a person as missing or dead, the adjudgment of legal
incapacity or restricted legal capacity of a citizen and the adjudgment of
a property as ownerless, the provisions of this Chapter shall apply. For
matters not covered in this Chapter, the relevant provisions of this Law
and other laws shall apply .
Article 161
In cases tried in accordance with the procedure provided in this Chapter,
the judgment of first instance shall be final . A collegial panel of
judges shall be formed for the trial of any case in involving the
qualification of voters or of any major, difficult or complicated case;
other cases shall be tried by a single judge alone.
Article 162
If a people's court, while trying a case in accordance with the procedure
provided in this Chapter, finds that the case involves a civil dispute
over rights and interests, it shall make a written order to terminate the
special procedure and inform the interested parties to otherwise institute
and action.
Article 163
A people's court trying a case in which special procedure is followed
shall conclude the case within 30 days after placing the case on the
docket or within 30 days after expiration of the period stated in the
public notice. Any extension of the time limit necessitated by special
circumstances shall be subject to the approval of the president of the
court, excepting, however, a case concerning the qualification of voters.
Section 2 Cases Concerning the Qualification of Voters
Article 164
If a citizen refuses to accept an election committee's decision on an
appeal concerning his voting qualification, he may, five days before the
election day, bring a suit in the basic people's court located in the
electoral district.
Article 165
After entertaining a case concerning voting qualification, a people's
court must conclude the trial before the election day.
The party who brings the suit, the representative of the election
committee and other citizens concerned must participate in the
proceedings.
The written judgment of the people's court shall be served on the election
committee and the party who brings the suit before the election day; other
citizens concerned shall be notified of the judgment.
Section 3 Cases Concerning the Declaration of a Person as Missing or Dead
Article 166
With respect to a citizen whose whereabouts are unknown for two years in
full, if the interested party applies for declaring the person as missing,
the application shall be filed with the basic people's court in the
locality where the missing person has his domicile.
The application shall clearly state the facts and time of the
disappearance of the person missing as well as the motion; documentary
evidence from a public security organ or other relevant organs concerning
the disappearance of the citizen shall be appended to the application.
Article 167
With respect to a citizen whose whereabouts are unknown for four years in
full or whose whereabouts are unknown for two years in full after an
accident in which he was involved, or with respect to a citizen whose
whereabouts are unknown after such an accident, and, upon proof furnished
by the relevant authorities that it is impossible for him to survive, if
the interested party applies for declaring such person as dead, the
application shall be filed with the basic people's court in the locality
where the missing person has his domicile.
The application shall clearly state the facts and time of the
disappearance as well as the motion; documentary evidence from a public
security organ or other relevant organs concerning the disappearance of
the citizen shall be appended to the application.
Article 168
After entertaining a case concerning the declaration of a person as
missing or dead, the people's court shall issue a public notice in search
of the person missing. The period of the public notice for declaring a
person as missing shall be three months, and that for declaring a person
as dead shall be one year. Where a citizen's whereabouts are unknown after
an accident in which he was involved and, upon proof furnished by the
relevant authorities that it is impossible for him to survive, the period
of the public notice for proclaiming such person as dead shall be three
months.
On the expiration of the period of the public notice, the people's court
shall, depending on whether the fact of the missing or death of the person
has been confirmed, make a judgment declaring the person missing or dead
or make a judgment rejecting the application.
Article 169
If a person who has been declared missing or dead by a people's court
reappears, the people's court shall, upon the application of that person
or of an interested party, make a new judgment and annul the previous one.
Section 4 Cases Concerning the Adjudgment of Legal Incapacity or
Restricted Legal Capacity of Citizens
Article 170
An application for adjudgment of legal incapacity or restricted legal
capacity of a citizen shall be filed by the citizen's near relatives or
any other interested party with the basic people's court in the locality
where the citizen has his domicile.
The application shall clearly state the fact and grounds of the citizen's
legal incapacity or restricted legal capacity.
Article 171
After accepting such an application, the people's court shall, when
necessary, have an expert evaluation of the citizen of whom the
determination of legal incapacity or restricted legal capacity is sought;
if the applicant has already provided an evaluation conclusion, the
people's court shall examine such conclusion.
Article 172
In the trial by the people's court of a case for the determination of
legal incapacity or restricted legal capacity of a citizen, a near
relative of the citizen shall be his agent, the applicant being excluded.
If the near relatives of the citizen shift responsibility onto one
another, the people's court shall appoint one of them as agent for the
citizen. If the citizen's condition of health permits, the people's court
shall also seek the opinion of the citizen on the matter.
If, through the trial, the people's court finds that the application is
based on facts, a judgment of legal incapacity or restricted legal
capacity of the citizen shall be made; if the court finds that the
application is not based on facts, it shall make a judgment rejecting the
application.
Article 173
If, upon the application of a person who has been determined as one of
legal incapacity or restricted legal capacity or upon the application of
his guardian, the people's court confirms that the causes of that person's
legal incapacity or restricted legal capacity have been eliminated, a new
judgment shall be made annulling the previous one.
Section 5 Cases Concerning the Determination of a Property as Ownerless
Article 174
An application for determining a property as ownerless shall be filed by a
citizen, legal person or any other organization with the basic people's
court in the place where the property is located.
The application shall clearly state the type and quantity of the property
and the grounds on which the application for determining the property as
ownerless is filed.
Article 175
The people's court shall, after accepting such an application and upon
examination and verification of it, issue a public notice calling on the
owner to claim the property. If no one claims the property one year after
the issue of the public notice, the people's court shall make a judgment
determining the property as ownerless and turn it over to the State or the
collective concerned.
Article 176
If, after a property has been determined by a judgment as ownerless, the
owner of the property or his successor appears, such a person may file a
claim for the property within the period of limitation specified in the
General Principles of the Civil Law. The people's court shall, after
examination and verification of the claim, make a new judgment, annulling
the previous one.

Chapter XVI Procedure for Trial Supervision

Article 177
If the president of a people's court at any level finds definite error in
a legally effective judgment or written order of his court and deems it
necessary to have the case retried, he shall refer it to the judicial
committee for discussion and decision.
If the Supreme People's Court finds definite error in a legally effective
judgement or written order of a local people's court at any level, or if a
people's court at a higher level finds some definite error in a legally
effective judgment or written order of a people's court at a lower level,
it shall respectively have the power to bring the case up for trial by
itself or direct the people's court at a lower level to conduct a retrial.
Article 178
If a party to an action considers that there is error in a legally
effective judgment or written order, he may apply to the people's court
which originally tried the case or to a people's court at the next higher
level for a retrial; however, execution of the judgment or order shall not
be suspended.
Article 179
If an application made by a party meets any of the following conditions,
the people's court shall retry the case:
(1) there is sufficient new evidence to set aside the original judgment or
written order;
(2) the main evidence on which the facts were ascertained in the original
judgment or written order was insufficient;
(3) there was definite error in the application of the law in the original
judgment or written order;
(4) there was violation by the people's court of the legal procedure which
may have affected the correctness of the judgment or written order in the
case; or
(5) the judicial officers have committed embezzlement, accepted bribes,
done malpractices for personal benefits and perverted the law in the
adjudication of the case.
The people's court shall reject the application that meets none of the
conditions specified above.
Article 180
With respect to a legally effective conciliation statement, if evidence
furnished by a party proves that the conciliation violates the principle
of voluntariness or that the content of the conciliation agreement
violates the law, the party may apply for a retrial. If the foregoing
proves true after its examination, the people's court shall retry the
case.
Article 181
With respect to a legally effective judgment on dissolution of marriage,
neither of the two parties shall apply for a retrial.
Article 182
Application for a retrial made by a party must be submitted within two
years after the judgment or written order becomes legally effective.
Article 183
When a decision is made to retry a case in accordance with the procedure
for trial supervision, the execution of the original judgment shall be
suspended by a written order which shall be signed by the president of the
court with the seal of the people's court affixed to it.
Article 184
With respect to a case pending retrial by a people's court in accordance
with the procedure for trial supervision, if the legally effective
judgment or written order was made by a court of first instance, the case
shall be tried in accordance with the procedure of first instance, and the
parties concerned may appeal against the new judgment or order; if the
legally effective judgment or written order was made by a court of second
instance, the case shall be tried in accordance with the procedure of
second instance, and the new judgment or written order shall be legally
effective; if it is a case which was brought up for trial by a people's
court at a higher level, it shall be tried in accordance with the
procedure of second instance, and the new judgment or written order shall
be legally effective.
The people's court shall form a new collegial panel for the purpose of the
retrial.
Article 185
If the Supreme People's Procuratorate finds that a legally effective
judgment or written order made by a people's court at any level involves
any of the following circumstances, or if a people's procuratorate at a
higher level finds that a legally effective judgment or written order made
by a people's court at a lower level involves any of the following
circumstances, the Supreme People's Procuratorate or the people's
procuratorate at a higher level shall respectively lodge a protest in
accordance with the procedure for trial supervision:
(1) the main evidence for ascertaining the facts in the previous judgment
or written order was insufficient;
(2) there was a definite error in the application of the law in the
previous judgment or written order;
(3) there was violation by the people's court of the legal procedure which
may have affected the correctness of the judgment or written order; or
(4) the judicial officers have committed embezzlement, accepted bribes,
done malpractice for personal benefits and perverted the law in the trial
of the case. If a local people's procuratorate at any level finds that a
legally effective judgment or written order made by a people's court at
the corresponding level involves any of the circumstances specified above,
it shall refer the matter to the people's procuratorate at a higher level
with the request that a protest be lodged by the latter in accordance with
the procedure for trial supervision.
Article 186
Cases in which protest was made by the people's procuratorate shall be
retried by the people's court.
Article 187
When a people's procuratorate decides to lodge a protest against a
judgment or written order made by a people's court, it shall make the
protest in writing.
Article 188
The people's court shall, in retrying a case in which protest was lodged
by a people's procuratorate, notify the procuratorate to send
representatives to attend the court session.

Chapter XVII Procedure for Hastening Debt Recovery

Article 189
When a creditor requests payment of a pecuniary debt or recovery of
negotiable instruments from a debtor, he may, if the following
requirements are met, apply to the basic people's court that has
jurisdiction for an order of payment:
(1) no other debt disputes exist between the creditor and the debtor; and
(2) the order of payment can be served on the debtor.
The application shall clearly state the requested amount of money or of
the negotiable instruments and the facts and evidence on the basis of
which the application is made.
Article 190
After the creditor has submitted his application, the people's court