CIVIL PROCE
DURE LAW OF THE PEOPLE'S REPUBLIC OF CHINA
(Adopted at the Fourth Session of the Seventh National People's
Congress on April 9, 1991, promulgated by Order No. 44 of
the President of the People's Republic of China on April 9,
1991, and effective as of the date of promulgation)
Contents
Part One General Provisions
CHAPTER I The Aim, Scope of Application and Basic Principles
CHAPTER II Jurisdiction
Section 1 Jurisdiction by Forum Level
Section 2 Territorial Jurisdiction
Section 3 Transfer and Designation of Jurisdiction
CHAPTER III Trial Organization
CHAPTER IV Withdrawal
CHAPTER V Participants in Proceedings
Section 1 Parties
Section 2 Agents ad Litem
CHAPTER VI Evidence
CHAPTER VII Time Periods and Service
Section 1 Time Periods
Section 2 Service
CHAPTER VIII Conciliation
CHAPTER IX Property Preservation and Advance Execution
CHAPTER X Compulsory Measures Against Obstruction of Civil
Proceedings
CHAPTER XI Litigation Costs Part Two Trial Procedure
CHAPTER XII Ordinary Procedure of First Instance
Section 1 Bringing a Lawsuit and Entertaining a Case
Section 2 Preparations for Trial
Section 3 Trial in Court
Section 4 Suspension and Termination of Litigation
Section 5 Judgment and Order
CHAPTER XIII Summary Procedure
CHAPTER XIV Procedure of Second Instance
CHAPTER XV Special Procedure
Section 1 General Provisions
Section 2 Cases Concerning the Qualification of Voters
Section 3 Cases Concerning the Declaration of a Person as
Missing or Dead
Section 4 Cases Concerning the Adjudgment of Legal Incapacity
or Restricted Legal Capacity of Citizens Section 5 Cases Concerning
the Determination of a Property as Ownerless
CHAPTER XVI Procedure for Trial Supervision
CHAPTER XVII Procedure for Hastening Debt Recovery
CHAPTER XVIII Procedure for Publicizing Public Notice for
Assertion of Claims
CHAPTER XIX Procedure for Bankruptcy and Debt Repayment of
Legal Person Enterprises
Part Three Procedure of Execution
CHAPTER XX General Provisions
CHAPTER XXI Application for Execution and Referral
CHAPTER XXII Execution Measures
CHAPTER XXIII Suspension and Termination of Execution Part
Four Special Provisions for Civil Procedure of Cases Involving
Foreign Element
CHAPTER XXIV General Principles
CHAPTER XXV Jurisdiction
CHAPTER XXVI Service and Time Periods
CHAPTER XXVII Property Preservation
CHAPTER XXVIII Arbitration
CHAPTER XXIX Judicial Assistance
PART ONE GENERAL PROVISIONS
Chapter I The Aim, Scope of Application and Basic Principles
Article 1
The Civil Procedure Law of the People's Republic of China
is formulated on the basis of the Constitution and in the
light of the experience and actual conditions of our country
in the trial of civil cases.
Article 2
The Civil Procedure Law of the People's Republic of China
aims to protect the exercise of the litigation rights of the
parties and ensure the ascertaining of facts by the people's
courts, distinguish right from wrong, apply the law correctly,
try civil cases promptly, affirm civil rights and obligations,
impose sanctions for civil wrongs, protect the lawful rights
and interests of the parties, educate citizens to voluntarily
abide by the law, maintain the social and economic order,
and guarantee the smooth progress of the socialist construction.
Article 3
In dealing with civil litigation arising from disputes on
property and personal relations between citizens, legal persons
or other organizations and between the three of them, the
people's courts shall apply the provisions of this Law.
Article 4
Whoever engages in civil litigation within the territory
of the People's Republic of China must abide by this Law.
Article 5
Aliens, stateless persons, foreign enterprises and organizations
that bring suits or enter appearance in the people's courts
shall have the same litigation rights and obligations as citizens,
legal persons and other organizations of the People's Republic
of China. If the courts of a foreign country impose restrictions
on the civil litigation rights of the citizens, legal persons
and other organizations of the People's Republic of China,
the people's courts of the People's Republic of China shall
follow the principle of reciprocity regarding the civil litigation
rights of the citizens, enterprises and organizations of that
foreign country.
Article 6
The people's courts shall exercise judicial powers with
respect to civil cases. The people's courts shall try civil
cases independently in accordance with the law, and shall
be subject to no interference by any administrative organ,
public organization or individual.
Article 7
In trying civil cases, the people's courts must base themselves
on facts and take the law as the criterion.
Article 8
The parties in civil litigation shall have equal litigation
rights. The people's courts shall, in conducting the trials,
safeguard their rights, facilitate their exercising the rights,
and apply the law equally to them.
Article 9
In trying civil cases, the people's courts shall conduct
conciliation for the parties on a voluntary and lawful basis;
if conciliation fails, judgments shall be rendered without
delay.
Article 10
In trying civil cases, the people's courts shall, according
to the provisions of the law, follow the systems of panel
hearing, withdrawal, public trial and the court of second
instance being that of last instance.
Article 11
Citizens of all nationalities shall have the right to use
their native spoken and written languages in civil proceedings.
Where minority nationalities live in aggregation in a community
or where several nationalities live together in one area,
the people's courts shall conduct hearings and issue legal
documents in the spoken and written languages commonly used
by the local nationalities.
The people's courts shall provide translations for any participant
in the proceedings who is not familiar with the spoken or
written languages commonly used by the local nationalities.
Article 12
Parties to civil actions are entitled in the trials by the
people's courts to argue for themselves.
Article 13
The parties are free to deal with their own civil rights
and litigation rights the way they prefer within the scope
provided by the law.
Article 14
The people's procuratorates shall have the right to exercise
legal supervision over civil proceedings.
Article 15
Where an act has infringed upon the civil rights and interests
of the State, a collective organization or an individual,
any State organ, public organization, enterprise or institution
may support the injured unit or individual to bring an action
in a people's court.
Article 16
The people's conciliation committees shall be mass organizations
to conduct conciliation of civil disputes under the guidance
of the grass- roots level people's governments and the basic
level people's courts.
The people's conciliation committee shall conduct conciliation
for the parties according to the Law and on a voluntary basis.
The parties concerned shall carry out the settlement agreement
reached through conciliation; those who decline conciliation
or those for whom conciliation has failed or those who have
backed out of the settlement
agreement may institute legal proceedings in a people's court.
If a people's conciliation committee, in conducting conciliation
of civil disputes, acts contrary to the law, rectification
shall be made by the people's court.
Article 17
The people's congresses of the national autonomous regions
may formulate, in accordance with the Constitution and the
principles of this Law, and in conjunction with the specific
circumstances of the local nationalities, adaptive and supplementary
provisions. Such provisions made by an autonomous region shall
be submitted to the Standing Committee of the National People's
Congress for approval; those made by an autonomous prefecture
or autonomous county shall be submitted to the standing committee
of the people's congress of the relevant province or autonomous
region for approval and to the Standing Committee of the National
People's Congress for the record.
Chapter II Jurisdiction
Section 1 Jurisdiction by Forum Level
Article 18
The basic people's courts shall have jurisdiction as courts
of first instance over civil cases, unless otherwise provided
in this Law.
Article 19
The intermediate people's courts shall have jurisdiction
as courts of first instance over the following civil cases:
(1) major cases involving foreign element;
(2) cases that have major impact on the area under their jurisdiction;
and
(3) cases as determined by the Supreme People's Court to be
under the jurisdiction of the intermediate people's courts.
Article 20
The high people's courts shall have jurisdiction as courts
of first instance over civil cases that have major impact
on the areas under their jurisdiction.
Article 21
The Supreme People's Court shall have jurisdiction as the
court of first instance over the following civil cases:
(1) cases that have major impact on the whole country; and
(2) cases that the Supreme People's Court deems it should
try. Section 2 Territorial Jurisdiction
Article 22
A civil lawsuit brought against a citizen shall be under
the jurisdiction of the people's court of the place where
the defendant has his domicile;
if the place of the defendant's domicile is different from
that of his habitual residence, the lawsuit shall be under
the jurisdiction of the people's court of the place of his
habitual residence.
A civil lawsuit brought against a legal person or any other
organization shall be under the jurisdiction of the people's
court of the place where the defendant has his domicile.
Where the domiciles or habitual residences of several defendants
in the same lawsuit are in the areas under the jurisdiction
of two or more people's courts, all of those people's courts
shall have jurisdiction over the lawsuit.
Article 23
The civil lawsuits described below shall be under the jurisdiction
of the people's court of the place where the plaintiff has
his domicile; if the place of the plaintiff's domicile is
different from that of his habitual residence, the lawsuit
shall be under the jurisdiction of the people's court of the
place of the plaintiff's habitual residence:
(1) those concerning personal status brought against persons
not residing within the territory of the People's Republic
of China;
(2) those concerning the personal status of persons whose
whereabouts are unknown or who have been declared as missing;
(3) those brought against persons who are undergoing rehabilitation
through labour; and
(4) those brought against persons who are in imprisonment.
Article 24
A lawsuit brought on a contract dispute shall be under the
jurisdiction of the people's court of the place where the
defendant has his domicile or where the contract is performed.
Article 25
The parties to a contract may agree to choose in their written
contract the people's court of the place where the defendant
has his domicile, where the contract is performed, where the
contract is signed, where the plaintiff has his domicile or
where the object of the action is located to exercise jurisdiction
over the case, provided that the provisions of this Law regarding
jurisdiction by forum level and exclusive jurisdiction are
not violated.
Article 26
A lawsuit brought on an insurance contract dispute shall
be under the jurisdiction of the people's court of the place
where the defendant has his domicile or where the insured
object is located.
Article 27
A lawsuit brought on a bill dispute shall be under the jurisdiction
of the people's court of the place where the bill is to be
paid or where the defendant has his domicile.
Article 28
A lawsuit arising from a dispute over a railway, road, water,
or air transport contract or over a combined transport contract
shall be under the jurisdiction of the people's court of the
place of dispatch or the place of destination or where the
defendant has his domicile.
Article 29
A lawsuit brought on a tortious act shall be under the jurisdiction
of the people's court of the place where the tort is committed
or where the defendant has his domicile.
Article 30
A lawsuit brought on claims for damages caused by a railway,
road, water transport or air accident shall be under the jurisdiction
of the people's court of the place where the accident occurred
or where the vehicle or ship first arrived after the accident
or where the aircraft first landed after the accident, or
where the defendant has his domicile.
Article 31
A lawsuit brought on claims for damages caused by a collision
at sea or by any other maritime accident shall be under the
jurisdiction of the people's court of the place where the
collision occurred or where the ship in collision first docked
after the accident or where the ship at fault was detained,
or where the defendant has his domicile.
Article 32
A lawsuit instituted for expenses of maritime salvage shall
be under the jurisdiction of the people's court of the place
where the salvage took place or where the salvaged ship first
docked after the disaster.
Article 33
A lawsuit brought for general average shall be under the
jurisdiction of the people's court of the place where the
ship first docked or where the adjustment of general average
was conducted or where the voyage ended.
Article 34
The following cases shall be under the exclusive jurisdiction
of the people's courts herein specified:
(1) a lawsuit brought on a dispute over real estate shall
be under the jurisdiction of the people's court of the place
where the estate is located;
(2) a lawsuit brought on a dispute over harbour operations
shall be under the jurisdiction of the people's court of the
place where the harbour is located; and
(3) a lawsuit brought on a dispute over succession shall be
under the jurisdiction of the people's court of the place
where the decedent had his domicile upon his death, or where
the principal part of his estate is located.
Article 35
When two or more people's courts have jurisdiction over
a lawsuit, the plaintiff may bring his lawsuit in one of these
people's courts; if the plaintiff brings the lawsuit in two
or more people's courts that have jurisdiction over the lawsuit,
the people's court in which the case was first entertained
shall have jurisdiction.
Section 3 Transfer and Designation of Jurisdiction
Article 36
If a people's court finds that a case it has entertained
is not under its jurisdiction, it shall refer the case to
the people's court that has jurisdiction over the case. The
people's court to which a case has been referred shall entertain
the case, and if it considers that, according to the relevant
regulations, the case referred to it is not under its jurisdiction,
it shall report to a superior people's court for the designation
of jurisdiction and shall not independently refer the case
again to another people's court.
Article 37
If a people's court which has jurisdiction over a case is
unable to exercise the jurisdiction for special reasons, a
superior people's court shall designate another court to exercise
jurisdiction. In the event of a jurisdictional dispute between
two or more people's courts, it shall be resolved by the disputing
parties through consultation; if the dispute cannot be so
resolved, it shall be reported to their common superior people's
court for the designation of jurisdiction.
Article 38
If a party to an action objects to the jurisdiction of a
people's court after the court has entertained the case, the
party must raise the objection within the period prescribed
for the submission of defence. The people's court shall examine
the objection. If the objection is established, the people's
court shall order the case to be transferred to
the people's court that has jurisdiction over it; if not,
the people's court shall reject it.
Article 39
The people's courts at higher levels shall have the power
to try civil cases over which the people's courts at lower
levels have jurisdiction as courts of first instance; they
may also transfer civil cases over which they themselves have
jurisdiction as courts of first instance to people's courts
at lower levels for trial. If a people's court at a lower
level that has jurisdiction over a civil case as court of
first instance deems
it necessary to have the case to be tried by a people's court
at a higher level, it may submit it to and request the people's
court at a higher level to try the case.
Chapter III Trial Organization
Article 40
The people's court of first instance shall try civil cases
by a collegial panel composed of both judges and judicial
assessors or of judges alone.
The collegial panel must have an odd number of members.
Civil cases in which summary procedure is followed shall be
tried by a single judge alone.
When performing their duties, the judicial assessors shall
have equal rights and obligations as the judges.
Article 41
The people's court of second instance shall try civil cases
by a collegial panel of judges. The collegial panel must have
an odd number of members.
For the retrial of a remanded case, the people's court of
first instance shall form a new collegial panel in accordance
with the procedure of first instance. If a case for retrial
was originally tried at first instance, a new collegial panel
shall be formed according to the procedure of first instance;
if the case was originally tried at second instance or was
brought by a people's court at a higher level to it for trial,
a new collegial panel shall be formed according to the procedure
of second instance.
Article 42
The president of the court or the chief judge of a division
of the court shall designate a judge to serve as the presiding
judge of the collegial panel; if the president or the chief
judge participates in the trial, he himself shall serve as
the presiding judge.
Article 43
When deliberating a case, a collegial panel shall observe
the rule of majority. The deliberations shall be recorded
in writing, and the transcript shall be signed by the members
of the collegial panel.
Dissenting opinions in the deliberations must be truthfully
entered in the transcript.
Article 44
The judicial officers shall deal with all cases impartially
and in accordance with the law.
The judicial officers shall not accept any treat or gift from
the parties or their agents ad litem.
Any judicial officer who commits embezzlement, accepts bribes,
engages in malpractice for personal benefits or who perverts
the law in passing judgment shall be investigated for legal
responsibility; if the act constitutes a crime, the offender
shall be investigated for criminal responsibility according
to the law.
Chapter IV Withdrawal
Article 45
A judicial officer shall of himself withdraw from the case,
and the parties thereto shall be entitled to apply orally
or in writing for his withdrawal in any of the following circumstances:
(1) he being a party to the case or a near relative of a party
or an agent ad litem in the case;
(2) he being an interested party in the case; or
(3) he having some other kind of relationship with a party
to the case, which might affect the impartiality of the trial.
The above provisions shall also apply to clerks, interpreters,
expert witnesses and inspection personnel.
Article 46
In applying for the withdrawal, the party shall state the
reason and submit the application at the beginning of the
proceedings; the application may also be submitted before
the closing of arguments in court if the reason for the withdrawal
is known to him only after the proceedings begin.
Pending a decision by the people's court regarding the withdrawal
applied for, the judicial officer concerned shall temporarily
suspend his participation in the proceedings, with the exception,
however, of cases that require the taking of emergency measures.
Article 47
The withdrawal of the presiding judge who is president of
the court shall be decided by the judicial committee; the
withdrawal of judicial officers shall be decided by the court
president; and the withdrawal of other personnel by the presiding
judge.
Article 48
The decision of a people's court on an application made
by any party for withdrawal shall be made orally or in writing
within three days after the application was made. If the applicant
is not satisfied with the decision, he may apply for reconsideration
which could be granted only once. During the period of reconsideration,
the person whose withdrawal has been applied for shall not
suspend his participation in the proceedings. The decision
of a people's court on the reconsideration shall be made within
three days after receiving the application and the applicant
shall be notified of it accordingly.
Chapter V Participants in Proceedings
Section 1 Parties
Article 49
Any citizen, legal person and any other organization may
become a party to a civil action.
Legal persons shall be represented by their legal representatives
in the litigation. Other organizations shall be represented
by their principal heads in the proceedings.
Article 50
Parties to an action shall have the right to appoint agents,
apply for withdrawals, collect and provide evidence, proffer
arguments, request conciliation, file an appeal and apply
for execution.
Parties to an action may have access to materials pertaining
to the case and make copies thereof and other legal documents
pertaining to the case.
The scope of and rules for consulting and making copies of
them shall be specified by the Supreme People's Court.
Parties to an action must exercise their litigation rights
in accordance with the law, observe the procedures and carry
out legally effective written judgments or orders and conciliation
statements.
Article 51
The two parties may reach a compromise of their own accord.
Article 52
The plaintiff may relinquish or modify his claims. The defendant
may admit or rebut the claims and shall have the right to
file counterclaims.
Article 53
When one party or both parties consist of two or more than
two persons, their object of action being the same or of the
same category and the people's court considers that, with
the consent of the parties, the action can be tried combined,
it is a joint action.
If a party of two or more persons to a joint action have
common rights and obligations with respect to the object of
action and the act of any one of them is recognized by the
others of the party, such an act shall be valid for all the
rest of the party; if a party of two or more persons have
no common rights and obligations with respect to the object
of action, the act of any one of them shall not be valid for
the rest.
Article 54
If the persons comprising a party to a joint action is large
in number, the party may elect representatives from among
themselves to act for them in the litigation. The acts of
such representatives in the litigation shall be valid for
the party they represent. However, modification or waiver
of claims or admission of the claims of the other party or
pursuing a compromise with the other party by the representatives
shall be subject
to the consent of the party they represent.
Article 55
Where the object of action is of the same category and the
persons comprising one of the parties is large but uncertain
in number at the commencement of the action, the people's
court may issue a public notice, stating the particulars and
claims of the case and informing those entitled to participate
in the action to register their rights with the
people's court within a fixed period of time.
Those who have registered their rights with the people's
court may elect representatives from among themselves to proceed
with the litigation; if the election fails its purpose, such
representatives may be determined by the people's court through
consultation with those who have registered their rights with
the court.
The acts of such representative in the litigation shall be
valid for the party they represent; however, modification
or waiver of claims or admission of the claims of the other
party or pursuing a compromise with the other party by the
representatives shall be subject to the consent of the party
they represent. The judgments or written orders rendered by
the people's court shall be valid for all those who have registered
their rights with the court. Such judgments or written orders
shall apply to those who have not registered their rights
but have instituted legal proceedings during period of limitation
of the action.
Article 56
If a third party considers that he has an independent claim
to the object of action of both parties, he shall have the
right to bring an action. Where the outcome of the case will
affect a third party's legal interest, such party, though
having no independent claim to the object of action of both
parties, may file a request to participate in the proceedings
or the people's court shall notify the third party to participate.
A third party that is to bear civil liability in accordance
with the judgment of the people's court shall be entitled
to the rights and obligations of a party in litigation. Section
2 Agents ad Litem
Article 57
Any person with no legal capacity to engage in litigation
shall have his guardian or guardians as statutory agents to
act for him in a lawsuit. If the statutory agents try to shift
responsibility as agents ad litem upon one another, the people's
court shall appoint one of them to represent the person in
litigation.
Article 58
A party to an action, or statutory agent may appoint one
or two persons to act as his agents ad litem. A lawyer, a
near relative of the party, a person recommended by a relevant
social organization or a unit to which the party belongs or
any other citizen approved by the people's court may be appointed
as the party's agent ad litem.
Article 59
When a person appoints another to act on his behalf in litigation,
he must submit to the people's court a power of attorney bearing
his signature or seal. The power of attorney must specify
the matters entrusted and the powers conferred. An agent ad
litem must obtain special powers from his principal to admit,
waive or modify claims, or to compromise or to file a counterclaim
or an appeal. A power of attorney mailed or delivered through
others by a citizen of the People's Republic of China residing
abroad must be certified by the Chinese embassy or consulate
accredited to that country. If there is no Chinese embassy
or consulate in that country, the power of attorney must be
certified by an embassy or a consulate of a third country
accredited to that country that has diplomatic relations with
the People's Republic of China, and then transmitted for authentication
to the embassy or consulate of the People's Republic of China
accredited to that third country, or it must be certified
by a local patriotic overseas Chinese organization.
Article 60
A party to an action shall inform the people's court in writing
if he changes or revokes the powers of an agent ad litem,
and the court shall notify the other party of the change or
revocation.
Article 61
A lawyer who serves as an agent ad litem and other agents
ad litem shall have the right to investigate and collect evidence,
and may have access to materials pertaining to the case. The
scope of and rules for consulting materials pertaining to
the case shall be specified by the Supreme People's Court.
Article 62
In a divorce case in which the parties to the action have
been represented by their agents ad litem, the parties themselves
shall still appear in court in person, unless they are incapable
of expressing their own will. A party who is truly unable
to appear in court due to a special reason shall submit his
views in writing to the people's court. Chapter VI Evidence
Article 63
Evidence shall be classified as follows: (1) documentary
evidence; (2) material evidence; (3) audio-visual material;
(4) testimony of witnesses; (5) statements of the parties;
(6) expert conclusions; and (7) records of inspection. The
above-mentioned evidence must be verified before it can be
taken as a basis for ascertaining a fact.
Article 64
It is the duty of a party to an action to provide evidence
in support of his allegations. If, for objective reasons,
a party and his agent ad litem are unable to collect the evidence
by themselves or if the people's court considers the evidence
necessary for the trial of the case, the people's court shall
investigate and collect it. The people's court shall, in accordance
with the procedure prescribed by the law, examine and verify
evidence comprehensively and objectively.
Article 65
The people's court shall have the right to make investigation
and collect evidence from the relevant units or individuals;
such units or individuals may not refuse to provide information
and evidence. The people's court shall verify the authenticity,
examine and determine the validity of the certifying documents
provided by the relevant units or individuals.
Article 66
Evidence shall be presented in court and cross-examined by
the parties concerned. But evidence that involves State secrets,
trade secrets and personal privacy shall be kept confidential.
If it needs to be presented in court, such evidence shall
not be presented in an open court session.
Article 67
The people's court shall take the acts, facts and documents
legalized by notarization according to legal procedures as
the basis for ascertaining facts, unless there is evidence
to the contrary sufficient to invalidate the notarization.
Article 68
Any document submitted as evidence must be the original.
Material evidence must also be original. If it is truly difficult
to present the original document or thing, then reproductions,
photographs, duplicates or extracts of the original may be
submitted. If a document in a foreign language is submitted
as evidence, a Chinese translation must be appended.
Article 69
The people's court shall verify audio-visual materials and
determine after their examination in the light of other evidence
in the case whether they can be taken as a basis for ascertaining
the facts.
Article 70
All units and individuals who have knowledge of a case shall
be under the obligation of giving testimony in court. Responsible
heads of the relevant units shall support the witnesses to
give testimony. When it is truly difficult for a witness to
appear in court, he may, with the consent of the people's
court, submit a written testimony. Any person who is incapable
of expressing his will properly shall not give testimony.
Article 71
The people's court shall examine the statements of the parties
concerned in the light of other evidence in the case to determine
whether the statements can be taken as a basis for ascertaining
the facts. The refusal of a party to make statements shall
not prevent the people's court from ascertaining the facts
of a case on the basis of other evidence.
Article 72
When the people's court deems it necessary to make an expert
evaluation of a problem of a technical nature, it shall refer
the problem to a department authorized by the law for the
evaluation. In the absence of such a department, the people's
court shall appoint one to make the expert evaluation. The
authorized department and the experts designated by the department
shall have the right to consult the case materials necessary
for the evaluation and question the parties and witnesses
when circumstances so require. The authorized department and
the experts it designated shall present a written conclusion
of the evaluation duly sealed or signed by both. If the evaluation
is made by an expert alone, the unit to which the expert belongs
shall certify his status by affixing its seal to the expert's
conclusion.
Article 73
When inspecting material evidence or a site, the inspector
must produce his credentials issued by a people's court. He
shall request the local grass-roots organization or the unit
to which the party to the action belongs to send persons to
participate in the inspection. The party concerned or an adult
member of his family shall be present; their refusal to appear
on the scene, however, shall not hinder the inspection. Upon
notification by the people's court, the relevant units and
individuals shall be under the obligation of preserving the
site and assisting the inspection. The inspector shall make
a written record of the circumstances and results of the inspection,
which shall be duly signed or sealed by the inspector, the
party concerned and the participants requested to be present.
Article 74
Under circumstances where there is a likelihood that evidence
may be destroyed or lost, or difficult to obtain later, the
participants in the proceedings may apply to the people's
court for preservation of the evidence. The people's court
may also on its own initiative take measures to preserve such
evidence. Chapter VII Time Periods and Service
Section 1 Time Periods
Article 75
Time periods shall include those prescribed by the law and
those designated by a people's court. Time periods shall be
calculated by the hour, the day, the month and the year. The
hour and day from which a time period begins shall not be
counted as within the time period. If the expiration date
of a time period falls on a holiday, then the day immediately
following the holiday shall be regarded as the expiration
date. A time period shall not include travelling time. A litigation
document that is mailed before the deadline shall not be regarded
as overdue.
Article 76
In case of failure on the part of a party to an action to
meet a deadline due to force majeure or for other justified
reasons, the party concerned may apply for an extension of
the time limit within 10 days after the obstacle is removed.
The extension applied for shall be subject to approval by
a people's court. Section 2 Service
Article 77
A receipt shall be required for every litigation document
that is served and it shall bear the date of receipt noted
by the signature or seal of the person on whom the document
was served. The date noted on the receipt by the person on
whom the document was served shall be regarded as the date
of service of the document.
Article 78
Litigation documents shall be sent or delivered directly
to the person on whom they are to be served. If that person
is a citizen, the documents shall, in case of his absence,
be receipted by an adult member of his family living with
him. If the person on whom they are to be served is a legal
person or any other organization, the documents shall be receipted
by the legal representatives of the legal person or the principal
heads of the other organization or anyone of the legal person
or the other organization responsible for receiving such documents;
if the person on whom they are to be served has an agent ad
litem, the documents may be receipted by the agent ad litem;
if the person on whom they are to be served has designated
a person to receive litigation documents on his behalf and
has informed the people's court of it, the documents may be
receipted by the person designated. The date put down in the
receipt and signed by the adult family member living with
the person or whom the litigation documents are to be served,
or by the person responsible for receiving documents of a
legal person or any other organization, or by the agent ad
litem, or the person designated to receive documents shall
be deemed the date of service of the documents.
Article 79
If the person on whom the litigation documents are to be
served or the adult family member living with him refuses
to receive the documents, the person serving the documents
shall ask representatives from the relevant grass-roots organization
or the unit to which the person on whom the documents are
to be served belongs to appear on the scene, explain the situation
to them, and record on the receipt the reasons of the refusal
and the date of it. After the person serving the documents
and the witnesses have affixed their signatures or seals to
the receipt, the documents shall be left at the place where
the person on whom they are to be served lives and the service
shall be deemed completed.
Article 80
If direct service proves to be difficult, service of litigation
documents may be entrusted to another people's court, or done
by mail. If the documents are served by mail, the date stated
on the receipt for postal delivery shall be deemed the date
of service of the documents.
Article 81
If the person on whom the litigation documents are to be
served is a military-man, the documents shall be forwarded
to him through the political organ of the unit at or above
the regimental level in the force to which he belongs.
Article 82
If the person on whom the litigation documents are to be
served is in imprisonment, the documents shall be forwarded
to him through the prison authorities or the unit of reform
through labour where the person is serving his term. If the
person on whom the litigation documents are to be served is
undergoing rehabilitation through labour, the documents shall
be forwarded to him through the unit of his rehabilitation
through labour.
Article 83
The organization or unit that receives the litigation documents
to be forwarded must immediately deliver them to and have
them receipted by the person on whom they are to be served.
The date stated on the receipt shall be deemed the date of
service of the documents.
Article 84
If the whereabouts of the person on whom the litigation
documents are to be served is unknown, or if the documents
cannot be served by the other methods specified in this Section,
the documents shall be served by public announcement. Sixty
days after the public announcement is made, the documents
shall be deemed to have been served. The reasons for service
by public announcement and the process gone through shall
be recorded in the case files. Chapter VIII Conciliation
Article 85
In the trial of civil cases, the people's court shall distinguish
between right and wrong on the basis of the facts being clear
and conduct conciliation between the parties on a voluntary
basis.
Article 86
When a people's court conducts conciliation, a single judge
or a collegial panel may preside over it. Conciliation shall
be conducted on the spot as much as possible. When a people's
court conducts conciliation, it may employ simplified methods
to notify the parties concerned and the witnesses to appear
in court.
Article 87
When a people's court conducts conciliation, it may invite
the units or individuals concerned to come to its assistance.
The units or individuals invited shall assist the people's
court in conciliation.
Article 88
A settlement agreement reached between the two parties through
conciliation must be of their own free will and without compulsion.
The content of the settlement agreement shall not contravene
the law.
Article 89
When a settlement agreement through conciliation is reached,
the people's court shall draw up a conciliation statement.
The conciliation statement shall clearly set forth the claims,
the facts of the case, and the result of the conciliation.
The conciliation statement shall be signed by the judge and
the court clerk, sealed by the people's court, and served
on both parties. Once it is receipted by the two parties concerned,
the conciliation statement shall become legally effective.
Article 90
The people's court need not draw up a conciliation statement
for the following cases when a settlement agreement is reached
through conciliation:
(1) divorce cases in which both parties have become reconciled
after conciliation;
(2) cases in which adoptive relationship has been maintained
through conciliation;
(3) cases in which the claims can be immediately satisfied;
and
(4) other cases that do not require a conciliation statement.
Any settlement agreement that needs no conciliation statement
shall be entered into the written record and shall become
legally effective after being signed or sealed by both parties
concerned, by the judge and by the court clerk.
Article 91
If no agreement is reached through conciliation or if either
party backs out of the settlement agreement before the conciliation
statement is served, the people's court shall render a judgment
without delay. Chapter IX Property Preservation and Advance
Execution
Article 92
In the cases where the execution of a judgment may become
impossible or difficult because of the acts of either party
or for other reasons, the people's court may, at the application
of the other party, order the adoption of measures for property
preservation. In the absence of such application, the people's
court may of itself, when necessary, order the adoption of
measures for property preservation. In adopting property preservation
measures, the people's court may enjoin the applicant to provide
security; if the applicant fails to do so, his application
shall be rejected. After receiving an application, the people's
court must, if the case is urgent, make an order within 48
hours; if the order for the adoption of property preservation
measures is made, the execution thereof shall begin immediately.
Article 93
Any interested party whose lawful rights and interests would,
due to urgent circumstances, suffer irretrievable damage without
immediately applying for property preservation, may, before
filing a lawsuit, apply to the people's court for the adoption
of property preservation measures. The applicant must provide
security; if he fails to do so, his application shall be rejected.
After receiving an application, the people's court must make
an order within 48 hours; if the court orders the adoption
of property preservation measures, the execution thereof shall
begin immediately. If the applicant fails to bring an action
within 15 days after the people's court has adopted the preservation
measures, the people's court shall cancel the property preservation.
Article 94
Property preservation shall be limited to the scope of the
claims or to the property relevant to the case. Property preservation
shall be effected by sealing up, distraining, freezing or
other methods as prescribed by the law. After the people's
court has frozen the property, it shall promptly notify the
person whose property has been frozen. The property that has
already been sealed up or frozen shall not be sealed up or
frozen for a second time.
Article 95
If the person against whom the application for property
reservation is made provides security, the people's court
shall cancel the property reservation.
Article 96
If an application for property preservation is wrongfully
made, the applicant shall compensate the person against whom
the application is made for any loss incurred from property
preservation.
Article 97
The people's court may, upon application of the party concerned,
order advance execution in respect of the following cases:
(1) those involving claims for alimony, support for children
or elders, pension for the disabled or the family of a decedent,
or expenses for medical care; (2) those involving claims for
remuneration for labour; and (3) those involving urgent circumstances
that require advance execution.
Article 98
Cases in which advance execution is ordered by the people's
court shall meet the following conditions: (1) the relationship
of rights and obligations between the parties concerned is
clear and definite, and denial of advance execution would
seriously affect the livelihood or production operations of
the applicant; and (2) the person against whom the application
for advance execution is made is capable of fulfilling his
obligations. The people's court may enjoin the applicant to
provide security; if the applicant fails to do so, his application
shall be rejected. If the applicant loses the lawsuit, he
shall compensate the person against whom the application is
made for any loss of property incurred from the advance execution.
Article 99
If the party concerned is not satisfied with the order made
on property preservation or execution, he may apply for reconsideration
which could be granted only once. Execution of the order shall
not be suspended during the time of reconsideration. Chapter
X Compulsory Measures Against Obstruction of CivilProceedings
Article 100
If a defendant is required to appear in court, but, having
been served twice with summons, still refuses to do so without
justified reason, the people's court may constrain him to
appear in court by a peremptory writ.
Article 101
Participants and other persons in the court proceedings
shall abide by the court rules. If a person violates the court
rules, the people's court may reprimand him, or order him
to leave the courtroom, or impose a fine on or detain him.
A person who seriously disrupts court order by making an uproar
in the court or rushing at it, or insulting, slandering, threatening,
or assaulting the judicial officers, shall be investigated
for criminal responsibility by the people's court according
to the law; if the offence is a minor one, the offender may
be detained or a fine imposed on him.
Article 102
If a participant or any other person in the proceedings
commits any one of the following acts, the people's court
shall, according to the seriousness of the act, impose a fine
on him or detain him; if the act constitutes a crime, the
offender shall be investigated for criminal responsibility
according to law.
(1) forging or destroying important evidence, which would
obstruct the trial of a case by the people's court;
(2) using violence, threats or subordination to prevent a
witness from giving testimony, or instigating, suborning,
or coercing others to commit perjury;
(3) concealing, transferring, selling or destroying property
that has been sealed up or distrained, or property of which
an inventory has been made and which has been put under his
care according to court instruction, or transferring the property
that has been frozen;
(4) insulting, slandering, incriminating with false charges,
assaulting or maliciously retaliating against judicial officers
or personnel, participants in the proceedings, witnesses,
interpreters, evaluation experts, inspectors, or personnel
assisting in execution;
(5) using violence, threats or other means to hinder judicial
officers or personnel from performing their duties; or
(6) refusing to carry out legally effective judgments or orders
of the people's court. With respect to a unit that commits
any one of the acts specified above, the people's court may
impose a fine on or detain its principal heads or the persons
who are held actually responsible for the act; if the act
constitutes a crime, investigations for criminal responsibility
shall be made according to the law.
Article 103
Where a unit which is under an obligation to assist in investigation
and execution commits any one of the following acts, the people's
court may, apart from enjoining it to perform its obligation,
also impose a fine:
(1) refusing or obstructing the investigation and collection
of evidence by the people's court;
(2) refusing by banks, credit cooperatives or other units
dealing with savings deposit, after receiving a notice for
assistance in execution from the people's court, to assist
in inquiring into, freezing or transferring the relevant deposit.
(3) refusing by the unit concerned, after receiving a notice
for assistance in execution from the people's court, to assist
in withholding the income of the party subject to execution,
in going through the formalities of transferring the relevant
certificates of property rights or in transferring the relevant
negotiable instruments, certificates, or other property; or
(4) refusing to provide other obligatory assistance in the
execution. With respect to a unit that commits any one of
the acts specified above, the people's court may impose a
fine on its principal heads or the persons who are held actually
responsible for the act. The people's court may also put forward
a judicial proposal to the supervisory organ or any relevant
organ for the imposition of disciplinary sanctions.
Article 104
A fine on an individual shall not exceed Renminbi 1,000
yuan. A fine on a unit shall not be less than Renminbi 1,000
yuan and shall not exceed Renminbi 30,000 yuan. The period
of detention shall not be longer than 15 days. The people's
court shall deliver detained persons to a public security
organ for custody. The people's court may decide to advance
the time of release, if the detainee admits and mends his
wrongdoings.
Article 105
Constrained appearance in court, imposition of a fine or
detention shall be subject to the approval of the president
of the people's court. A peremptory writ shall be issued for
constraining appearance in court. A decision in writing shall
be made for the imposition of a fine or detention. The offender,
if dissatisfied with the decision, may apply to a people's
court at a higher level for reconsideration which could be
granted only once. The execution of the decision shall not
be suspended during the time of reconsideration.
Article 106
Decision on the adoption of compulsory measures against
obstruction of proceedings shall be made only by the people's
court. Any unit or individual that extorts repayment of a
debt by illegal detention of a person or illegal distrainment
of property shall be investigated for criminal responsibility
according to the law, or shall be punished with detention
or a fine. Chapter XI Litigation Costs
Article 107
Any party filing a civil lawsuit shall pay court costs according
to the rules. For property cases, the party shall pay other
fees in addition to the court costs. Any party that has genuine
difficulty in paying litigation costs may, according to the
relevant rules, apply to the people's court for deferment
or reduction of the payment or for its exemption. Particulars
for payment of litigation costs shall be laid down separately.
PART TWO TRIAL PROCEDURE
Chapter XII Ordinary Procedure of First Instance
Section 1 Bringing a Lawsuit and Entertaining a Case
Article 108
The following conditions must be met when a lawsuit is brought:
(1) the plaintiff must be a citizen, legal person or any other
organization that has a direct interest in the case; (2) there
must be a definite defendant; (3) there must be specific claim
or claims, facts, and cause or causes for the suit; and (4)
the suit must be within the scope of acceptance for civil
actions by the people's court and under the jurisdiction of
the people's court where the suit is entertained.
Article 109
When a lawsuit is brought, a statement of complaint shall
be submitted to the people's court, and copies of the statement
shall be provided according to the number of defendants. If
the plaintiff has genuine difficulty in presenting the statement
of complaint in writing, he may state his complaint orally;
the people's court shall transcribe the complaint and inform
the other party of it accordingly.
Article 110
A statement of complaint shall clearly set forth the following:
(1) the name, sex, age, ethnic status, occupation, work unit
and home address of the parties to the case; if the parties
are legal persons or any other organizations, their names,
addresses and the names and posts of the legal representatives
or the principal heads. (2) the claim or claims of the suit,
the facts and grounds on which the suit is based; and (3)
the evidence and its source, as well as the names and home
addresses of the witnesses.
Article 111
The people's court must entertain the lawsuits filed in
conformity with the provisions of
Article 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 app | 
