Civil Procedure Of The People's Republic OF China 民诉法(英文)

Civil Procedure 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)

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

　　 Contents
　Part One General Provisions
　CHAPTER I　　 The Aim, Scope of Application and Basic Principles
　CHAPTER II　　Jurisdiction
　　Section 1　　 Jurisdiction by Forum Level
　　Section 2　　 Territorial Jurisdiction
　　Section 3　　 Transfer and Designation of Jurisdiction
　CHAPTER III　 Trial Organization
　CHAPTER IV　　Withdrawal
　CHAPTER V　　 Participants in Proceedings
　　Section 1　　 Parties
　　Section 2　　 Agents ad Litem
　CHAPTER VI　　Evidence
　CHAPTER VII　 Time Periods and Service
　　Section 1　　 Time Periods
　　Section 2　　 Service
　CHAPTER VIII　Conciliation
　CHAPTER IX　　Property Preservation and Advance Execution
　CHAPTER X　　 Compulsory Measures Against Obstruction of Civil Proceedings
　CHAPTER XI　　Litigation Costs
　Part Two Trial Procedure
　CHAPTER XII　 Ordinary Procedure of First Instance
　　Section 1　　 Bringing a Lawsuit and Entertaining a Case
　　Section 2　　 Preparations for Trial
　　Section 3　　 Trial in Court
　　Section 4　　 Suspension and Termination of Litigation
　　Section 5　　 Judgment and Order
　CHAPTER XIII　Summary Procedure
　CHAPTER XIV　 Procedure of Second Instance
　CHAPTER XV　　Special Procedure
　　Section 1　　 General Provisions
　　Section 2　　 Cases Concerning the Qualification of Voters
　　Section 3　　 Cases Concerning the Declaration of a Person as Missing or
　　　　　　　　　Dead
　　Section 4　　 Cases Concerning the Adjudgment of Legal Incapacity or
　　　　　　　　　Restricted Legal Capacity of Citizens
　　Section 5　　 Cases Concerning the Determination of a Property as
　　　　　　　　　Ownerless
　CHAPTER XVI　 Procedure for Trial Supervision
　CHAPTER XVII　Procedure for Hastening Debt Recovery
　CHAPTER XVIII Procedure for Publicizing Public Notice for Assertion of
　　　　　　　　Claims
　CHAPTER XIX　 Procedure for Bankruptcy and Debt Repayment of Legal Person
　　　　　　　　Enterprises　
　
　Part Three　Procedure of Execution
　CHAPTER XX　　General Provisions
　CHAPTER XXI　 Application for Execution and Referral
　CHAPTER XXII　Execution Measures
　CHAPTER XXIII Suspension and Termination of Execution
　Part Four Special Provisions for Civil Procedure of Cases Involving
　　　　　　Foreign Element
　CHAPTER XXIV　General Principles
　CHAPTER XXV　 Jurisdiction
　CHAPTER XXVI　Service and Time Periods
　CHAPTER XXVII Property Preservation
　CHAPTER XXVIII Arbitration
　CHAPTER XXIX　Judicial Assistance　

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

　　Chapter XVII Procedure for Hastening Debt Recovery　
　Article 189
　When a creditor requests payment　of　a　pecuniary　debt　or　recovery　of
　negotiable　instruments　from　a　debtor,　he　may,　 if　 the　 following
　requirements　are　met,　apply　to　the　basic　people's　court　that　has
　jurisdiction for an order of payment:
　(1) no other debt disputes exist between the creditor and the debtor; and
　(2) the order of payment can be served on the debtor.
　The application shall clearly state the requested amount of　money　or　of
　the negotiable instruments and the facts and　evidence　on　the　basis　of
　which the application is made.
　Article 190
　After the creditor has submitted his application, the people's court shall
　within five days inform the creditor whether it accepts the application or
　not.
　Article 191
　After accepting the application and upon　examination　of　the　facts　and
　evidence provided by the creditor, the people's court shall, if the rights
　and obligations relationship between the creditor and the debtor is　clear
　and legitimate, issue within 15 days after accepting　the　application　an
　order of payment to the debtor;　if　the　application　is　unfounded,　the
　people's court shall make an order to reject it.
　The debtor shall, within 15 days after receipt of the　order　of　payment,
　clear off his debts or　submit　to　the　people's　court　his　dissent　in
　writing.
　If the debtor has neither dissented from nor complied with　the　order　of
　payment within the　period　specified　in　the　preceding　paragraph,　the
　creditor may apply to the people's court for execution.
　Article 192
　The people's court shall, on receiving the dissent in writing submitted by
　the debtor, make an order to terminate the procedure　for　hastening　debt
　recovery and the order of payment shall　of　itself　be　invalidated.　The
　creditor may bring an action in the people's court.　

　　Chapter　XVIII　Procedure　for　Publicizing　Public　Notice　for　Assertion of Claims　
　Article 193
　Any holder of a bill transferable by endorsement according to the law may,
　if the bill is stolen, lost, or destroyed, apply　to　the　basic　people's
　court of the place where the bill is to be paid for publication of　public
　notice for assertion of claims. The provisions of this Chapter shall apply
　to other matters for which, according　to　the　law,　an　application　for
　publication of a public notice for assertion of claims may be made.
　The applicant shall submit to the　people's　court　an　application　which
　clearly states the main contents of the bill such as the face amount,　the
　drawer, the holder, the endorser, and the facts and reasons in respect　of
　the application.
　Article 194
　The people's court shall, upon deciding to accept the application,　notify
　the payor concerned in the meantime to suspend　the　payment,　and　shall,
　within three days, issue a public notice for　the　interested　parties　to
　assert their rights. The period of the public notice shall be　decided　at
　the discretion of the people's court; however, it shall not be　less　than
　60 days.
　Article 195
　The payor shall, upon receiving the notification by the people's court　to
　suspend the　payment,　do　so　accordingly　till　the　conclusion　of　the
　procedure for publicizing a public notice for assertion of claims.
　Within the period of the public notice, assignment of rights on　the　bill
　shall be void.
　Article 196
　Interested party or parties as claimants shall report their claims to　the
　people's court within the period of the public notice.
　After receiving the report on the claims by interested party　or　parties,
　the people's court shall make a written order to terminate　the　procedure
　for publicizing public notice for assertion　of　claims,　and　notify　the
　applicant and the payor.
　The applicant or the claimants may bring an action in the people's court.
　Article 197
　If no claim is asserted, the people's court shall make a judgment　on　the
　basis of the application to declare the bill in question null and void.
　The judgment shall be published and the payor notified accordingly. As　of
　the date of publication of the judgment, the applicant shall　be　entitled
　to payment by the payor.
　Article 198
　If an interested party for justified reasons　was　unable　to　submit　his
　claim to the people's court before the judgment is made,　he　may,　within
　one year after the day he knows or should　know　the　publication　of　the
　judgment, bring an action　in　the　people's　court　which　has　made　the
　judgment.　

　　Chapter XIX Procedure for Bankruptcy and Debt Repayment　of　Legal　Person Enterprises　
　Article 199
　If a legal person enterprise has suffered serious losses and is unable　to
　repay the debts at maturity, the creditors may apply to a　people's　court
　for declaring the debtor bankrupt for debts to be repaid; the　debtor　may
　likewise apply to a people's court for declaring bankruptcy for　debts　to
　be repaid.
　Article 200
　After making an order to declare the initiation of the bankruptcy and debt
　repayment proceedings, the people's court shall notify the debtor and　the
　known creditors within ten days and also make a public announcement.
　Creditors who have been notified shall, within 30 days after receiving the
　notice, and those who have not been notified shall,　within　three　months
　after the date of the announcement, lodge their claims with　the　people's
　court. Creditors who fail to lodge　their　claims　during　the　respective
　periods shall be deemed to have abandoned their rights.
　Creditors may organize a creditors' meeting to discuss and　approve　of　a
　formula for the disposition and distribution of bankrupt property, or　for
　a composition agreement.
　Article 201
　The people's court may appoint a liquidation commission formed by relevant
　state organs and persons concerned. The liquidation commission shall　take
　charge　of　the　custody　of　the　bankrupt　property,　its　 liquidation,
　assessment, disposition and distribution. The liquidation　commission　may
　also engage in necessary activities of a civil　nature　according　to　the
　law.
　The liquidation commission shall be responsible and report its work to the
　people's court.
　Article 202
　If the legal person enterprise　and　the　creditors　reach　a　composition
　agreement, the people's court shall, after approving the agreement, make a
　public announcement of it and terminate the bankruptcy and debt　repayment
　proceedings. The composition agreement shall be legally　effective　as　of
　the date of the public announcement.
　Article 203
　With respect to the property mortgaged or otherwise used as　security　for
　bank loans or other obligations, the bank and other creditors　shall　have
　priority in the repayment of debts as regards the　property　mortgaged　or
　used as security for other kinds of obligations. If the money value of the
　property mortgaged or used as security　for　other　kinds　of　obligations
　exceeds the amount of loans secured, the surplus shall go to the　bankrupt
　property for debt repayment.　
　
　Article 204
　After deduction of　bankruptcy　proceedings　expenses　from　the　bankrupt
　property, first　repayment　shall　be　made　in　the　following　order　of
　priority:
　(1) wages and salaries of staff and workers and labour insurance　expenses
　that are owned by the bankrupt enterprise;
　(2) taxes owed by the bankrupt enterprise; and
　(3) claims by creditors in the bankruptcy proceedings.
　Where the bankrupt property is insufficient to meet the　repayment　claims
　of the same order of priority, it　shall　be　distributed　on　a　pro-rata
　basis.
　Article 205
　The debt repayment of a bankrupt legal person enterprise　shall　be　under
　the jurisdiction of the people's court of the place where the legal person
　enterprise is located.
　Article 206
　The provisions of the Law of the People's Republic of China on　Enterprise
　Bankruptcy shall apply to bankruptcy and　debt　repayment　of　enterprises
　owned by the whole people.
　The provisions of　this　Chapter　shall　not　apply　to　non-legal　person
　enterprises,　individual　businesses,　leaseholding　farm　households　and
　partnerships by private individuals.　

　　PART THREE　PROCEDURE OF EXECUTION
　　
　　Chapter XX General Provisions　
　Article 207
　Legally effective judgments or written orders in civil cases, as　well　as
　the paeral Provisions　
　Article 207
　Legally effective judgments or written orders in civil cases, as　well　as
　the parts of judgments or　written　orders　that　relate　to　property　in
　criminal cases, shall be executed by the people's court of first instance.
　Other legal documents which are to be executed　by　a　people's　court　as
　prescribed by the law shall be executed by the people's court of the place
　where the person subjected to execution has　his　domicile　or　where　the
　property subject to execution is located.
　Article 208
　If, in the course of execution,　an　outsider　raises　an　objection　with
　respect to the object subjected to execution, the execution officer　shall
　examine the objection in accordance with the procedure prescribed　by　the
　law. If the reasons for the objection are untenable, the　objection　shall
　be rejected; if otherwise, execution shall be suspended with the　approval
　of the president of the court. If definite error is found in the　judgment
　or the written order, it shall　be　dealt　with　in　accordance　with　the
　procedure for trial supervision.
　Article 209
　Execution work shall be carried out by the execution officer.
　When carrying out a compulsory execution measure,　the　execution　officer
　shall produce his credentials.　After　the　execution　is　completed,　the
　execution officer shall make a record of the particulars of the execution,
　and have it signed or sealed by the persons concerned on the scene.
　The basic people's court and the intermediate　people's　court　may,　when
　necessary, establish execution organs, whose functions shall be defined by
　the Supreme People's Court.
　Article 210
　If a person or property subjected to execution is in another locality, the
　people's court in that locality may be entrusted with the carrying out　of
　the execution. The entrusted people's　court　shall　begin　the　execution
　within 15 days after receiving a　letter　of　entrustment　and　shall　not
　refuse to do so. After the execution has　been　completed,　the　entrusted
　people's court shall promptly inform the　entrusting　people's　court,　by
　letter, of the result of the execution. If　the　execution　has　not　been
　completed within 30 days, the entrusted people's court shall　also　inform
　the entrusting people's court,　by　letter,　of　the　particulars　of　the
　execution.
　If the entrusted people's court does not carry out the execution within 15
　days after receiving the letter of entrustment,　the　entrusting　people's
　court may request the people's court at a higher level over the　entrusted
　people's court to instruct the entrusted people's court to carry　out　the
　execution.　
　
　Article 211
　If in the course of execution the two parties become reconciled and　reach
　a settlement agreement on their　own　initiative,　the　execution　officer
　shall make a record of the contents of the　agreement,　and　both　parties
　shall affix their signatures or seals to the record.
　If either party fails to fulfil the　settlement　agreement,　the　people's
　court may, at the request of the other party, resume the execution of　the
　legal document which was originally effective.
　Article 212
　In the course of execution, if the person subjected to execution　provides
　a guaranty, the people's court may, with the consent of the person who has
　applied for execution, decide on the suspension of the execution　and　the
　time limit for such suspension. If the person subjected to execution still
　fails to perform his obligations after the time limit, the people's　court
　shall have the power to execute the property he provided　as　security　or
　the property of the guarantor.
　Article 213
　If the citizen subjected to execution dies, his debts shall　be　paid　off
　from the deceased estate; if a legal　person　or　any　other　organization
　subjected to execution dissolves, the party that succeeds　to　its　rights
　and obligations shall fulfil the obligations.
　Article 214
　After the completion of execution, if　definite　error　is　found　in　the
　executed judgment, written order or other legal documents resulting in the
　annulment of such judgment, order　or　legal　documents　by　the　people's
　court, the said court shall, with respect to the property which　has　been
　executed, make a written order that persons who have obtained the property
　shall return it.　In　the　event　of　refusal　to　return　such　property,
　compulsory execution shall be carried out.
　Article 215
　The provisions of this Part shall be applicable to the　execution　of　the
　conciliation statement as drawn up by the people's court.　

　　Chapter XXI Application for Execution and Referral　
　Article 216
　The parties concerned must comply　with　legally　effective　judgments　or
　written orders in civil cases. If a party refuses　to　do　so,　the　other
　party may apply to the people's court for　execution,　or　the　judge　may
　refer the matter to the execution officer for enforcement.
　The parties concerned must comply　with　the　conciliation　statement　and
　other legal documents that are to be executed by the people's court. If　a
　party refuses to do so, the other party may apply to　the　people's　court
　for enforcement.
　Article 217
　If a party fails to comply with an award of an arbitral organ　established
　according to the law, the other party　may　apply　for　execution　to　the
　people's court which has jurisdiction over the case.　The　people's　court
　applied to shall enforce the award.
　If the party against whom the application is made furnishes proof that the
　arbitral award involves any of the following circumstances,　the　people's
　court shall, after examination and verification by a collegial panel, make
　a written order not to allow the enforcement:
　(1) the parties have had no arbitration clause in their contract, nor have
　subsequently reached a written agreement on arbitration;
　(2) the matters dealt with by the award fall　outside　the　scope　of　the
　arbitration agreement or are matters which the arbitral organ has no power
　to arbitrate;
　(3) the composition of the　arbitration　tribunal　or　the　procedure　for
　arbitration contradicts the procedure prescribed by the law;
　(4) the main evidence for ascertaining the facts is insufficient;
　(5) there is definite error in the application of the law; or
　(6) the arbitrators have committed embezzlement, accepted bribes　or　done
　malpractice for personal benefits or perverted the law in the　arbitration
　of the case.
　If the people's court determines that the execution of the arbitral　award
　is against the social and public interest, it shall make an order　not　to
　allow the execution.
　The above-mentioned written order shall be served on both parties and　the
　arbitral organ.
　If the execution of an arbitral award is disallowed by a written order　of
　the people's　court,　the　parties　may,　in　accordance　with　a　written
　agreement on arbitration　reached　between　them,　apply　for　arbitration
　again; they may also bring an action in a people's court.
　Article 218
　If a party fails to comply　with　a　document　evidencing　the　creditor's
　rights made enforceable according to the law by a notary office, the other
　party may apply to the people's court which has jurisdiction over the case
　for execution. The people's court applied to shall enforce such document.
　If the people's court finds definite error in the document　of　creditor's
　rights, it shall make an order not to allow the execution　and　serve　the
　order on both parties concerned as well as the notary office.　
　
　Article 219
　The time limit for the submission of an application for execution shall be
　one year, if both or one of the parties are　citizens;　it　shall　be　six
　months if both parties are legal persons or other organizations.
　The above-mentioned time limit shall be calculated from the　last　day　of
　the period of performance specified by the legal document.　If　the　legal
　document　specifies　performance　in　stages,　the　time　limit　shall　be
　calculated from the last day of the period specified　for　each　stage　of
　performance.
　Article 220
　The execution officer shall, after receiving the application for execution
　or the writ of referral directing execution, send an execution　notice　to
　the person subjected to execution, instructing him to　comply　within　the
　specified time. If the person　fails　to　comply　accordingly,　compulsory
　execution shall be carried out.　

　　Chapter XXII Execution Measures　
　Article 221
　If the person subjected to execution fails　to　fulfil　according　to　the
　execution notice the obligations specified　in　the　legal　document,　the
　people's court shall be empowered to make　inquiries　with　banks,　credit
　cooperatives or other units　that　deal　with　savings　deposit　into　the
　deposit accounts of the　person　subjected　to　execution,　and　shall　be
　empowered to freeze or transfer　his　deposits;　however,　the　inquiries,
　freezing or transfer of the deposits shall not exceed　the　scope　of　the
　obligations to be fulfilled by the person subjected to execution.
　The people's court shall, in deciding to freeze　or　transfer　a　deposit,
　make a written order and issue a notice for assistance in execution.
　Banks, credit cooperatives or other units that deal with　savings　deposit
　must comply with it.
　Article 222
　If the person subjected to execution fails　to　fulfil　according　to　the
　execution notice the obligations specified　in　the　legal　document,　the
　people's court shall be empowered to withhold　or　withdraw　part　of　the
　income of the person subjected to execution, for　the　fulfilment　of　his
　obligations. However, it shall leave out the necessary living expenses for
　the person subjected to execution and his dependant family members.
　The people's court shall, when withholding or withdrawing the income, make
　a written order and issue a notice for assistance in execution.　The　unit
　in　which　the　person　subjected　to　execution　works,　 banks,　 credit
　cooperatives or other units that deal with　savings　deposit　must　comply
　with the notice.
　Article 223
　If the person subjected to execution fails　to　fulfil　according　to　the
　execution notice the obligations specified　in　the　legal　document,　the
　people's court shall be empowered to seal up, distrain,　freeze,　sell　by
　public auction, or sell off part of the property of the　person　subjected
　to execution for the fulfilment of　his　obligations.　However,　it　shall
　leave out the necessaries of life for the person　subjected　to　execution
　and his dependant family members.
　The people's court shall make an order for the adoption　of　the　measures
　specified in the preceding paragraph.
　Article 224
　When the people's court seals up or distrains a property, it shall, if the
　person subjected to execution is a citizen, notify him or an adult　member
　of his family to appear on the scene; if the party subjected to　execution
　is a legal person or any other organization, it　shall　notify　its　legal
　representatives or its principal heads to be　present.　Their　refusal　to
　appear on the　scene　shall　not　hinder　the　execution.　If　the　person
　subjected　to　execution　is　a　citizen,　his　unit　or　the　grass-roots
　organization of the place where his　property　is　located　shall　send　a
　representative to attend the execution.
　An inventory of the sealed-up or distrained property must be made　by　the
　execution officer and, after the inventory has been signed　or　sealed　by
　the persons on the scene, a copy of　it　shall　be　given　to　the　person
　subjected to execution. If the person subjected to execution is a citizen,
　another copy may be given to an adult member of his family.　
　
　Article 225
　The execution officer may commit the　sealed-up　property　to　the　person
　subjected to execution for safekeeping,　and　the　person　shall　be　held
　responsible for any losses incurred due to his fault.
　Article 226
　After a property has been sealed up or distrained, the　execution　officer
　shall instruct the person subjected to execution　to　fulfil,　within　the
　prescribed period, the obligations specified in the legal document. If the
　person has not fulfilled his obligations upon expiration　of　the　period,
　the people's court may, in accordance with the relevant legal　provisions,
　entrust the relevant units with selling by public auction or　selling　off
　the sealed-up or distrained property. Articles which are　prohibited　from
　free trading by the State shall be　delivered　to　and　purchased　by　the
　relevant units at the price fixed by the State.
　Article 227
　If the person subjected to　execution　fails　to　fulfil　his　obligations
　specified in the legal document and conceals his　property,　the　people's
　court shall be empowered to issue a search warrant and search him and　his
　domicile or the place where the property was concealed.
　In　adopting　the　measure　mentioned　in　the　preceding　paragraph,　the
　president of the people's court shall sign and issue the search warrant.
　Article 228
　With respect to the　property　or　negotiable　instruments　specified　for
　delivery in the legal document, the execution officer　shall　summon　both
　parties concerned and deliver them in　their　presence　or　the　execution
　officer may forward them to the recipient,　who　shall　sign　and　give　a
　receipt.
　Any unit concerned that has　in　possession　the　property　or　negotiable
　instruments shall turn them over to the recipient in accordance　with　the
　notice of　the　people's　court　for　assistance　in　execution,　and　the
　recipient shall sign and give a receipt.
　If any citizen concerned has in　possession　the　property　or　negotiable
　instruments, the people's court shall notify him to hand them over. If　he
　refuses to do so, compulsory execution shall be carried out.　
　
　Article 229
　Compulsory eviction from a building or a plot　of　land　shall　require　a
　public notice signed and issued by the　president　of　a　people's　court,
　instructing the person subjected to execution to comply within a specified
　period of time. If the person subjected to execution fails to do　so　upon
　the expiration of the period, compulsory execution shall be carried out by
　the execution officer.
　When compulsory execution is being carried out, if the person subjected to
　execution is a citizen, the person or an adult member of his family　shall
　be notified to be present; if the party subjected to execution is a　legal
　person or any other organization, its legal representatives　or　principal
　heads shall be notified to be present; their refusal to be　present　shall
　not hinder the execution. If　the　person　subjected　to　execution　is　a
　citizen, his work unit or the grass-roots organization in the locality　of
　the building　or　the　plot　of　land　shall　send　a　representative　for
　attendance. The execution officer shall make a record of　the　particulars
　of the compulsory execution, with the signatures or seals of　the　persons
　on the scene affixed to it.
　The people's court　shall　assign　personnel　to　transport　the　property
　removed in a compulsory eviction from a building to a designated　location
　and turn it over to the person subjected to execution or, if the person is
　a citizen, to an adult member of his family; if any loss is　incurred　due
　to such person's refusal to accept the property, the loss shall　be　borne
　by the person subjected to execution.
　Article 230
　In the course of execution, if c