中华人民共和国民事诉讼法2012(英文版)Civil Procedure Law of the People’s Republic of China2012

烟台大学法学院

法律硕士张川方

中华人民共和国民事诉讼法2012

Civil Procedure Law of the People’s Republic of China

(Adopted at the Fourth Session of the Seventh National People’s Congress on April 9th, 1991 Amended for the first time in accordance with the Decision on Amending the Civil Procedure Law of the People’s Republic of China at the 30th Meeting of the Standing Committee of the Tenth National People’s Congress on October 28th, 2007

Amended for the second time in accordance with the Decision on Amending the Civil Procedure Law of the People’s Republic of China at the 28th Meeting of the Standing Committee of the Eleventh National People’s Congress on August 31st, 2012)

Part I General Provisions

C-I 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(结合)the experience and actual conditions of our country in the trial of civil cases(民事审判工作). 2012-9-6 8:34:45

Article 2

The Civil Procedure Law of the People's Republic of China aims to protect the exercise of the litigation rights(诉讼权利)of the parties and ensure that the people's court can ascertain the facts of civil cases, distinguish right from wrong, apply the law correctly, try civil cases promptly, affirm(确认)civil rights and obligations, impose sanctions for civil wrongs(民事违法行为)and protect the lawful rights and interests of the parties, so as to 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 court 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

(1) Aliens, stateless persons, foreign enterprises and organizations that bring suits(起诉)or enter appearance in the people's court(应诉)shall have the same litigation rights and obligations as citizens, legal persons and other organizations of the People's Republic of China.

(2) If the court of a foreign country imposes 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(对等原则) regarding the civil litigation rights of the citizens, enterprises and organizations of that foreign country.

Article 6

(1) The people's court shall exercise judicial powers with respect to civil cases.

(2) The people's court shall try civil cases independently in accordance with the law, and shall be subject to no interference by any administrative organ, public organization(社会团体)or individual.

Article 7

In trying civil cases, the people's court must base itself on facts and take the law as the criterion.

Article 8

The parties in civil litigation shall have equal litigation rights. The people's court shall, in conducting the trials, safeguard and facilitate the exercising of their rights, and apply the law equally to them.

Article 9

In trying civil cases, the people's court shall conduct conciliation(调解)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 court shall, according to the provisions of the law, follow the systems of panel hearing(合议), withdrawal(回避), public trial and the court of second instance being that of last instance(两审终审).

Article 11

(1) Citizens of all ethnics shall have the right to use their native spoken and written languages(语言、文字) in civil proceedings(民事诉讼程序).

(2) Where people of a minority group live in a concentrated community(聚居) or where several peoples live together in one area(共同居住), the people's court shall conduct hearings(进行审理)and issue legal documents in the spoken and written language commonly used by the local people(当地民族).

(3) The people's court shall provide translations for any participant in court proceedings(诉讼参与人)who is not familiar with the spoken or written language commonly used by the local people.

Article 12

Parties to civil actions are entitled in the trials by the people's court to argue for themselves.

Article 13

(1) The principle of honesty and credibility(诚实信用) shall be followed in civil proceedings.

(2) The parties are free to deal with their own civil rights and litigation rights the way they prefer(有权)within the scope provided by the law.

Article 14

The people's procuratorate 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(事业单位) may support the injured unit(单位)or individual to bring an action in the people's court.

Article 16

The people's congresses of the national autonomous areas may formulate, in accordance with the Constitution and the principles of this Law, and in conjunction with the specific circumstances of the local people, adaptive or supplementary(变通或者补充)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(自治州)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.

C-II Jurisdiction

Section 1 Jurisdiction by Level

Article 17

The primary people's court shall have jurisdiction as court of first instance over civil cases, unless otherwise provided in this Law.

Article 18

The intermediate people's court shall have jurisdiction as court of first instance over the following civil cases:

(1) major(重大)cases involving foreign element(涉外案件);

(2) cases that have major impact on the area under its jurisdiction(本辖区); and

(3) cases to be under the jurisdiction of the intermediate people's court as determined by the Supreme People's Court.

Article 19

The high people's court shall have jurisdiction as court of first instance over civil cases that have major impact on the area under its jurisdiction.

Article 20

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 2Territorial Jurisdiction

Article 21

(1) A civil lawsuit brought against a citizen shall be under the jurisdiction of the people's court in the place where the defendant has his domicile(住所地). If the place of the defendant's domicile is different from that of his habitual residence(经常居住地), the lawsuit shall be under the jurisdiction of the people's court in the place of his habitual residence.

(2) A civil lawsuit brought against a legal person or any other organization shall be under the

(3) 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 22

The civil lawsuits described below shall be under the jurisdiction of the people's court in 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 in the place of his habitual residence:

(1) those concerning personal status(身份关系)brought against persons not residing within the territory of the People's Republic of China;

(2) those concerning personal status of persons whose whereabouts are unknown(下落不明) or who have been declared as missing(宣告失踪);

(3) those brought against persons who are undergoing rehabilitation through labor(劳动教养); and

(4) those brought against persons who are in imprisonment(被监禁).

Article 23

A lawsuit brought on a contract dispute shall be under the jurisdiction of the people's court in the place where the defendant has his domicile or where the contract is performed.

Article 24

A lawsuit brought on an insurance contract dispute shall be under the jurisdiction of the people's court in the place where the defendant has his domicile or where the insured object is located.

Article 25

A lawsuit brought on a bill dispute shall be under the jurisdiction of the people's court in the place where the bill is to be paid or where the defendant has his domicile.

Article 26

A lawsuit brought on a dispute arising from the establishment of a company, the status confirmation of a shareholder, the distribution of profits or the dissolution of a company etc. shall be under the jurisdiction of the people’s court in the place where the company has its domicile (公司住所地).

Article 27

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 in the place of dispatch(运输始发地) or the place of destination(目的地)or where the defendant has his domicile. Article 28

A lawsuit brought on a tortious act shall be under the jurisdiction of the people's court in the place where the tort is committed or where the defendant has his domicile.

Article 29

A lawsuit brought on claims for damages caused by a railway, road, water transport or air

occurred or where the vehicle or ship first arrived(最先到达) after the accident or where the aircraft first landed after the accident, or where the defendant has his domicile.

Article 30

A lawsuit brought on claims for damages caused by a collision at sea(船舶碰撞) or by any other maritime accident shall be under the jurisdiction of the people's court in the place where the collision occurred or where the ship in collision was first docked(最先停靠) after the accident or where the ship at fault(加害船舶)was detained, or where the defendant has his domicile.

Article 31

A lawsuit instituted for expenses of maritime salvage(海难救助) shall be under the jurisdiction of the people's court in the place where the salvage took place (救助地)or where the salvaged ship was first docked after the disaster.

Article 32

A lawsuit brought for general average shall be under the jurisdiction of the people's court in the place where the ship was first docked or where the adjustment of general average was conducted or where the voyage ended.

Article 33

The following cases shall be under the exclusive jurisdiction(专属管辖)of the people's courts herein specified(本条规定的).

(1) a lawsuit brought on a dispute over real estate shall be under the jurisdiction of the people's court where the real estate is located;

(2) a lawsuit brought on a dispute over harbor operations shall be under the jurisdiction of the people's court in the place where the harbor is located;

(3) a lawsuit brought on a dispute over succession shall be under the jurisdiction of the people's court in the place where the decedent(被继承人)had his domicile upon his death(死亡时),or where the principal part of his heritage(主要遗产) is located.

Article 34

The parties to a contract may agree to choose in their written contract the people's court in 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 level and exclusive jurisdiction (专属管辖)are not violated.

Article 35

Where two or more people's courts have jurisdiction over a lawsuit, the plaintiff may bring his lawsuit in (向…起诉)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(最先立案) shall have jurisdiction.

Section 3 Transfer and Designation of Jurisdiction

Article 36

If the 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 is not under its jurisdiction, it shall report to a superior people's court for the designation of jurisdiction(指定管辖) and shall not independently refer the case(自行移送) again to another people's court.

Article 37

(1) If the people’s court which has jurisdiction over a case is unable to exercise jurisdiction(行使管辖权) for special reasons, a superior people's court shall designate another court to exercise the jurisdiction(指定管辖).

(2) In the event of a jurisdictional dispute between two or more people's courts, it shall be resolved by the disputing parties(争议双方)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

(1) The people's court at a higher level shall have the power to try civil cases over which the people's court at a lower level has jurisdiction as the court of first instance. If it is really necessary for the people’s court at a higher level to transfer a civil case to the people’s court at a lower level for trial, it shall submit the case to the people’s court at its higher level for approval.

(2) If the people's court at a lower level that has jurisdiction over a civil case as the court of first instance deems it necessary (认为需要)to have the case tried by the people's court at a higher level, it may submit it to and request (报请)the people's court at a higher level to try the case.

C-III Trial Organization

Article 39

(1) The people's court of first instance shall try civil cases by a collegial panel(合议庭) composed of both judges and judicial assessors(陪审员)or of judges alone. The collegial panel shall have an odd number of members.

(2) Civil cases in which summary procedure is followed(适用简易程序) shall be tried by a single judge alone(一人独任).

(3) When performing their duties, the judicial assessors(陪审员) shall have equal rights and obligations(同等的权利义务) to the judges.

Article 40

(1) The people's court of second instance shall try civil cases by a collegial panel of judges. The collegial panel shall have an odd number of members.

(2) For the retrial of a remanded case(发回重审的案件), the people's court of first instance (原审人民法院)shall form a new(另行组成)collegial panel in accordance with the procedure of first instance.

(3) If the 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 for retrial was originally tried at second instance or was brought by the people’s court at a higher level to it for trial(提审), a new collegial panel shall be formed according to the procedure of second instance.

Article 41

The president of the court(院长)or the chief judge of a division of the court(庭长)shall designate a judge to serve as the presiding judge of the collegial panel(合议庭的审判长). If the president or the chief judge participates in the trial, he himself shall serve as the presiding judge.

Article 42

When deliberating a case(评议案件), a collegial panel shall observe the rule of majority(少数服从多数的原则). The deliberation shall be recorded in writing(制作笔录), and the transcript shall be signed by the members of the collegial panel. Dissenting opinions(不同意见)in the deliberation must be truthfully entered in the transcript(如实记入笔录).

Article 43

(1) The judicial officers shall deal with all cases impartially(秉公办案) and in accordance with the law.

(2) The judicial officers shall not accept any treat or gift from the parties or their agents ad litem.

(3) Any judicial officer who commits embezzlement(贪污), accepts bribes(受贿), engages in malpractice for personal benefits(徇私舞弊)or who perverts the law in passing judgments(枉法裁判) shall be investigated for legal responsibility. If the act constitutes a crime, the offender shall be investigated for criminal responsibility according to the law.

C-IV Withdrawal

Article 44

(1) A judicial officer shall by 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:

(a) he being a party to the case or a close relative of a party or an agent ad litem in the case;

(b) he being an interested party(有利害关系)in the case; or

(c) he having some other kind of relationship(某种其它关系) with a party to the case, which might affect the impartiality of the trial(公正审理).

(2) Where judges accept invitations to dinner or presents from one party or his agent ad litem, or meet one party or his agent ad litem in violation of relevant provisions, the other party shall have the right to demand their withdrawal.

(3) Where a judge commits any of the acts provided for in the preceding paragraph, he shall be investigated for legal liability according to law.

(4) The provisions of the preceding three paragraphs shall also apply to court clerks, interpreters, appraisers and surveyors(勘验人).

Article 45

(1) In applying for withdrawal, the party shall state the reason and submit the application at the beginning of the proceedings(审理). The application may also be submitted before the closing of arguments in court(法庭辩论终结)if the reason for the withdrawal is known to him only after the proceedings begin(开始审理之后).

(2) Pending a decision by the people's court regarding the withdrawal applied for, the persons concerned with the withdrawal(被申请回避的人员)shall temporarily suspend his participation in the proceedings, with the exception, however, of cases that require the taking of emergency measures. Article 46

The withdrawal of the presiding judge who is the court president 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 47

The decision of the 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(参与本案的工作). The decision of the 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.

C-V Participants in Proceedings

Section 1 Parties

Article 48

(1) Any citizen, legal person and any other organization may become a party to a civil action.

(2) Legal persons shall be represented by their legal representatives in the litigation. Other organizations shall be represented by their principal heads(主要负责人) in the proceedings.

Article 49

(1) Parties to an action shall have the right to appoint agents(委托代理人), apply for withdrawals, collect and provide evidence, proffer arguments(进行辩论), request conciliation, file an appeal(提起上诉)and apply for execution.

(2) Parties to an action may have access to(查阅) materials pertaining to the case and make copies thereof and legal documents(法律文书)pertaining to the case. The scope of and rules for consulting and making copies thereof shall be specified by the Supreme People's Court.

(3) Parties to an action must exercise their litigation rights in accordance with the law, observe the procedures(遵守诉讼秩序)and carry out legally effective written judgments(判决书), orders(裁定书) and conciliation statements(调解书).

Article 50

The two parties may reach a compromise of their own accord(自行和解).

Article 51

The plaintiff may relinquish(放弃) or modify his claims(诉讼请求). The defendant may admit or rebut the claims and shall have the right to file counterclaims.

Article 52

(1) Where one party or both parties consist of two or more persons, their object of action(诉讼标的) 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(合并审理), it is a joint action(共同诉讼).

(2) If two or more persons of a party 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 also be valid for them. If two or more persons of a party 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 53

If 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, the modification or waiver of their claims, the admission of the claims of the other party or the pursuit of a compromise with the other party by the representatives shall be subject to the consent of the party they represent.

Article 54

(1) 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(案件情况)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.

(2) 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(推选不出代表人), such representatives may be determined by the people's court through consultation with those who have registered their rights with the court.

(3) The acts of such representatives in the litigation shall be valid for the party they represent. However, the modification or waiver of their claims, the admission of the claims of the other party or the pursuit of a compromise with the other party by the representatives shall be subject to the consent of the party they represent.

(4) The judgments or written orders rendered(作出的裁定)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 the period of limitation of the action.

Article 55

Where environment is polluted, the lawful rights and interests of a throng of consumers are infringed upon, or other acts impairing the public interests(社会公共利益) are committed, the organs stipulated by law and relevant organizations may bring actions to the people’s court.

Article 56

(1) 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.

(2) Where the outcome of the case will affect a third party's legal interest(有法律上的利害关系), such party, though having no independent claim to the object of action of both parties, may file a request(申请) 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.

(3) If the third party stipulated in the preceding two paragraphs fails to participate in the litigation due to reasons that cannot be attributed to(归责于) himself, but has evidence to prove that part or all of the content in the legally binding judgement, ruling or statement of intermediation is wrong,

to know that his civil rights and interests are infringed upon, bring a lawsuit to the people’s court which has rendered the judgement, ruling or statement of intermediation. If the litigation claims(诉讼请求)are tenable upon trial, the people’s court shall alter or revoke the original judgement, ruling or statement of intermediation; if the litigation claims are untenable, it shall deny(驳回) them. Section 2 Agents ad Litem

Article 57

Any person with no legal capacity to engage in litigation(诉讼行为能力) shall have his guardian as his statutory agent to act for him in a lawsuit. If the statutory agents try to shift responsibility as agents ad litem upon one another(推诿责任), the people's court shall appoint one of them to represent the person in litigation.

Article 58

(1) A party to an action or his statutory agent may appoint one or two persons to act as his agents ad litem.

(2) The following persons may be entrusted as the party's agent ad litem:

(a) a lawyer or a grassroots provider for legal service(法律服务工作者);

(b) a close relative or worker of the party;

(c) a citizen recommended by the community or unit to which the party belongs, or the relevant social organizations.

Article 59

(1) Where a party appoints another to act on his behalf in litigation, he must submit to the people's court a power of attorney(授权委托书)bearing his signature or seal.

(2) The power of attorney must specify the matters entrusted(委托事项) and the powers conferred(权限). An agent ad litem must obtain special authority from his principal to admit, waive or modify claims, to compromise or to file a counterclaim or an appeal.

(3) A power of attorney mailed(寄交) or delivered through others(托交) by a citizen of the People's Republic of China residing abroad must be certified by the Chinese embassy or consulate 使领馆accredited to that country(驻该国的). If there is no Chinese embassy or consulate in that country, the power of attorney must be certified by an embassy or 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(爱国华侨) 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.

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(表达意志). A party who is truly unable to appear in court(出庭)due to special reasons shall submit his views in writing (书面意见)to the people's court.

C-VI Evidence

Article 63

(1) Evidence shall be classified as follows:

(a) statement of the parties;

(b) documentary evidence;

(c) material evidence;

(d) audio-visual materials;

(e) electronic data;

(f) testimony of witnesses;

(g) expert conclusions(鉴定结论); and

(h) records of survey and inspection(勘验笔录).

(2) The above-mentioned evidence must be verified(查证属实) before it can be taken as a basis for ascertaining a fact(认定事实).

Article 64

(1) It is the duty of a party to an action to provide evidence in support of his allegations.

(2) If a party and his agent ad litem are unable to collect the evidence by themselves for objective reasons, or if the people's court considers the evidence necessary for the trial of the case(审理案件需要的证据), the people's court shall investigate and collect it.

(3) The people's court shall, in accordance with the procedure prescribed by the law, examine and verify evidence comprehensively(全面地)and objectively.

Article 65

(1) The parties shall provide without delay evidence to support the opinions put forward by themselves.

(2) The people’s court shall, in accordance with the claims of the parties and the situations of the trial, determine the evidence that the parties should provide and the time limit thereof. If the parties have genuine difficulty in providing evidence within the time limit, they may apply to the people’s court for a prolongation(延长); the people’s court may prolong the time limit properly(适当延长) according to the application of the parties. Where a party provides evidence beyond the time limit, the people’s court shall order him to explain the reasons; if he refuses to do so or the reasons are untenable, the people’s court may, according to different situations, not accept the evidence, or accept the evidence but impose an admonition(予以训诫) or fine upon him.

Article 66

When receiving the evidence provided by the parties, the people’s court shall issue a receipt on which the name, pages, number of the evidence, the original or copy form and the receiving time, etc. shall be clearly stated, and the person who handles the matter(经办人员) shall sign on or affix his seal to the receipt.

(1) The people's court shall have the right to make investigation and collect evidence from relevant units or individuals; such units or individuals may not refuse to provide information and evidence.

(2) The people's court shall verify the authenticity(辨别真伪), examine and determine the validity of the certifying documents(证明文书)provided by the relevant units or individuals.

Article 68

Evidence shall be presented in court and cross-examined(相互质证) by the parties concerned. However, 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(公开开庭时).

Article 69

The people's court shall take the acts, facts and documents legalized by notarization(公证证明的) according to legal procedures as the basis for ascertaining facts, unless there is evidence to the contrary(相反证据) sufficient to invalidate(推翻) the notarization.

Article 70

(1) Any documentary or material evidence shall be submitted in its original form. If it is truly difficult to present the original document or material, the reproductions(复制品), photographs, duplicates(副本)or extracts(节录本)of the original may be submitted.

(2) If a document in a foreign language is submitted as evidence, a Chinese translation(中文译本) must be appended.

Article 71

The people's court shall verify(辨别真伪)audio-visual materials and determine after their examination(审查确定)in the light of other evidence in the case whether they can be taken as a basis for ascertaining the facts.

Article 72

(1) All units and individuals who have knowledge of a case shall be under the obligation of giving testimonies in court. Responsible heads(负责人)of relevant units shall support the witnesses to give testimonies.

(2) Any person who is incapable of expressing his will properly shall not give testimonies.

Article 73

A witness shall appear in court and give testimonies upon notice by the people’s court. In any of the following circumstances, upon approval of the people’s court, testimonies may be given in the form of written testimonies(书面证言), audio-visual transmission technology(视听传输技术) or audio-visual materials:

(1) failing to appear in court because of his

health condition;

(2) failing to appear in court because he is far away from the court(路途遥远) and the traffic is inconvenient;

(4) other justifiable reasons that cause his failure to appear in court.

Article 74

The necessary expenses incurred by a witness for transportation, accommodation or dinning, etc. in performing his obligation of giving testimonies shall be borne by the party which loses the lawsuit(败诉一方当事人). Where one party applies for giving testimonies by the witness, the party shall pay the expenses in advance(先行垫付); where neither party files an application, but the people’s court notifies the witness to give testimonies, the expenses shall be borne by the people’s court in advance.

Article 75

(1) The people's court shall examine the statement of the parties concerned in light of other evidence in the case to determine whether the statement can be taken as a basis for ascertaining the facts.

(2) 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 76

(1) The parties may apply to the people’s court for an appraisal as regards a technical problem which is important to ascertain the facts. Where one party applies for the appraisal, both of the parties shall confirm a qualified appraiser through negotiation(协商确定); if they fail to reach an agreement, the appraiser shall be designated by the people’s court.

(2) If the people's court deems it necessary to make an expert evaluation for a problem of technical nature(专门性问题)while the parties fail to do so, it shall refer(委托)the problem to a qualified expert(具备资格的鉴定人)for the evaluation.

Article 77

The experts shall have the right to consult the case materials necessary for the evaluation and may question the parties and witnesses when circumstances so require.

The experts shall present a written conclusion of evaluation duly signed or sealed.

Article 78

Where the parties have objections to the appraisal opinions or the people’s court deems it necessary for the appraiser to appear in court, the appraiser shall give testimonies in court. If the appraiser refuses to give testimonies in court(出庭作证) upon notice by the people’s court, the appraisal opinions shall not serve as the basis of ascertaining the facts; the party which pays for the appraisal fee may ask for the appraisal fee back(要求返还鉴定费用).

Article 79

The parties may apply to the people’s court for calling for an expert in court(通知有专门知识的人出庭) who can put forward his conclusions(提出意见) about the appraisal opinions made by the appraiser or some technical problems.

Article 80

(1) When inspecting material evidence or a site, the inspector must produce his credentials(证件)

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(到场), however, shall not hinder the inspection(影响勘验).

(2) 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.

(3) 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(被邀参加人).

(1) Under circumstances where there is a likelihood that evidence may be destroyed or lost(灭失), or difficult to be obtained later, the parties may in the process of proceedings apply to the people's court for preservation of the evidence(保全证据). The people's court may also on its own initiative(主动)take measures to preserve such evidence.

(2) In case of emergencies in which the evidence may be lost or difficult to be obtained afterwards, the interested party may, before instituting a lawsuit or applying for an arbitration, apply to the people’s court in the place where the evidence is located or the person applied has his domicile, or the people’s court which has jurisdiction over the case for preservation of evidence(保全证据).

(3) Other procedures as regards preservation of evidence shall be subject to(参照适用)the relevant provisions of C-IX of this Law on preservation.

C-VII Time Period and Service

Section 1 Time Period

Article 82

(1) Time periods shall include those prescribed by the law and those designated by the people's court.

(2) A time period 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.

(3) If the expiration date(届满的最后一日)of a time period falls on a holiday, then the next day following the holiday shall be regarded as the expiration date.

(4) A time period shall not include traveling time(在途时间). A litigation document(诉讼文书) that is mailed before the deadline shall not be regarded as overdue.

Article 83

In case of failure on the part of a party to an action to meet the deadline(耽误期限) due to force majeure or for other justified reasons, the party concerned may apply for an extension of the time limit(顺延期限)within 10 days after the obstacle is removed. The extension applied for shall be subject to approval by the people's court.

Section 2 Service

Article 84

(1) A receipt(送达回证) 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(受送达人).

(2) 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(签收日期).

Article 85

(1) 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 received by an adult member of his family living with him. If the person is a legal person or any other organization, the documents shall be received 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 has an agent ad litem, the documents may be received by the agent ad litem. If the person has designated a person to receive such documents on his behalf and has informed the people's court, the documents may be received by the person designated.

(2) The date put down in the receipt and signed(签收) by the adult family member living with the person, or by the person responsible for receiving documents of a legal person or any other organization, or by the agent ad litem, or by the person designated to receive such documents shall be deemed the date of service (送达日期)of the documents.

Article 86

If the person on whom the litigation documents are to be served or the adult family member(家属) living with him refuses to receive the documents, the person serving the documents(送达人) shall ask representatives from the relevant grass-roots organization or the unit to which the person on whom the documents are to be served(受送达人)belongs to appear on the scene, explain the situation to them, and record on the receipt the particulars(事由) and the date of the refusal. After the person serving the documents and the witnesses have affixed their signatures or seals to the receipt(签名或者盖章), the documents shall be left at the domicile of the person on whom they are to be served lives;the service shall also be deemed as completed if the course of service is recorded by photos or video tape after the documents are left at the domicile of the person on whom they are to be served. Article 87

(1) Upon consent of the person on whom the litigation documents are to be served, the people’s court may serve the documents by means of fax, email or other ways that can acknowledge receipt thereof(确认其收悉) with the exception of a judgment, ruling or statement of intermediation.

(2) If the litigation documents are served by means provided for in the preceding paragraph, the service date shall be the date when the fax or email reaches the particular system(特定系统) of the person on whom the documents are to be served.

Article 88

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(邮寄回执) shall be deemed the date of service of the documents.

Article 89

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(政治机关) of the unit at or above the regimental level(团以上单位)in the force to which he belongs(其所在部队).

Article 90

(1) 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 authority(监所) or the unit of reform through labor (劳动改造)where the person is serving his term.

(2) If the person on whom the litigation documents are to be served is undergoing rehabilitation through labor(劳动教养), the documents shall be forwarded to him through the unit of his rehabilitation through labor.

Article 91

The organization or unit that receives the litigation documents to be forwarded must immediately deliver them to and have them received by the person on whom they are to be served. The date stated on the receipt of service(送达回证)shall be deemed the date of service of the documents. Article 92

(1) 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.

(2) The reasons for service by public announcement(公告送达)and the process gone through(经过) shall be recorded in the case files(案卷).

C-VIII Conciliation

Article 93

In the trial of civil cases, the people's court shall distinguish between right and wrong on the basis of clear facts and conduct conciliation between the parties on a voluntary basis.

Article 94

(1) When the people’s court conducts conciliation, a single judge or a collegial panel may preside over it. Conciliation shall be conducted on the spot(就地) as much as possible.

(2) When the people’s court conducts conciliation, it may employ simplified methods(简便方式)to notify the parties concerned and the witnesses to appear in court.

Article 95

When the people’s court conducts conciliation, it may invite the units or individuals concerned to provide assistance. The units or individuals invited shall assist the people's court in conciliation. Article 96

A settlement agreement(调解协议)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(违反法律规定).

Article 97

(1) When a settlement agreement through conciliation is reached, the people's court shall draw up

a conciliation statement调解书. The conciliation statement shall clearly set forth写明 the claims, the facts of the case and the result of the conciliation.

(2) The conciliation statement shall be signed by the judge and the court clerk, sealed by the people's court, and served on both parties.

(3) Once it is received by the two parties, the conciliation statement shall become legally effective(法律效力).

Article 98

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(和好的)after conciliation;

(2) cases in which adoptive relationship has been maintained through conciliation;

(3) cases in which the claims can be immediately satisfied(即时履行); 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 the two parties, the judge and the court clerk.

Article 99

If no settlement agreement is reached through conciliation or if either party backs ou t the settlement agreement before the conciliation statement is served, the people's court shall render a judgment(判决) without delay.

C-IX Preservation and Advanced Execution

Article 100

(1) If the execution of a judgment becomes difficult or damage has been caused to the parties because of the acts of one party or for other reasons, the people's court may, at the application of the other party, rule the adoption of measures for preservation of its property, order it to conduct or not to conduct certain acts. In the absence of such application, the people's court may of itself (自行地), when necessary, order the adoption of measures for preservation.

(2) In adopting preservation measures, the people's court may enjoin the applicant to provide corresponding security(相应的担保); if the applicant fails to do so, his application shall be overruled(裁定驳回).

(3) 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 preservation measures is made, the execution thereof shall begin immediately.

Article 101

(1) Any interested party whose lawful rights and interests would, due to urgent situations, suffer irretrievable damage(难以弥补的损害) without immediate application for preservation measures, may, before the initiation of a lawsuit or the application of arbitration, apply to the people's court in the place where the preserved property or the applied person’s domicile is located or to the people’s court having jurisdiction over the case for the adoption of preservation measures. The applicant shall provide security; if he fails to do so, his application shall be overruled.

(2) After receiving an application, the people's court must make an order(作出裁定)within 48 hours. If the court orders the adoption of preservation measures, the execution thereof shall begin immediately.

(3) If the applicant fails to bring an action or apply for arbitration according to law within 30 days after the people's court has adopted preservation measures, the people's court shall cancel the preservation(解除保全).

Article 102

Preservation shall be limited to the scope of the claims or to the property relevant to the case. Article 103

(1) 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(重复).

(2) The property that has already been sealed up or frozen shall not be sealed up or frozen for a second time(重复).

Article 104

If the person against whom the application for preservation is made(被申请人)provides security, the people's court shall cancel the preservation.

Article 105

If an application for preservation is wrongfully made, the applicant shall compensate the person against whom the application is made for any loss incurred from preservation(因保全所遭受的). Article 106

The people's court may, upon application of either party(当事人), order advanced execution in respect of the following cases:

(1) those involving claims for alimony, support for children or elders(扶养费、抚育费), pension for the disabled or the family of a decedent(抚恤金), or expenses for medical care;

(2) those involving claims for remuneration for labor(劳动报酬); and

(3) those involving urgent circumstances that require advanced execution.

Article 107

(1) Cases in which advanced execution is ordered by the people's court shall meet the following conditions:

(a) the relationship of rights and obligations between the parties is clear and definite, and denial of advanced execution would seriously affect the livelihood or production operations生活或者生产经营of the applicant; and

(b) the person against whom the application for advanced execution is made is capable of fulfilling his obligations.

(2) The people's court may enjoin(责令) the applicant to provide security; if the applicant fails to do so, his application shall be rejected. If the applicant loses the lawsuit(败诉), he shall compensate the person against whom the application is made for any loss of property incurred from the advanced execution.

Article 108

If the party is not satisfied with the order made on preservation or advanced execution, he may apply for reconsideration which could be granted only once(一次). Execution of the order(裁定的执行) shall not be suspended during the period of reconsideration.

C-X Compulsory Measures Against Obstruction of Civil Proceedings

Article 109

If a defendant is required to appear in court and has been served twice with summons, but still refuses to do so without justified reasons, the people's court may constrain him to appear in court by a peremptory writ(拘传).

Article 110

(1) Participants and other persons in the court proceedings(法院审理程序) shall abide by the court rules. If a person violates the court rules, the people's court may reprimand(训诫) him, order him to leave the courtroom, impose a fine on him(罚款) or detain him.

(2) If a person violates the court rules, the people's court may reprimand(训诫) him, order him to leave the courtroom, impose a fine on him(罚款) or detain him.

(3) A person who seriously disrupts court orders by making an uproar (哄闹)in the courtroom or rushing at the courtroom(冲击法庭), or insulting, slandering, threatening, or assaulting the judicial officers(审判人员), shall be investigated for criminal responsibility by the people's court according to law; if the offence is a minor one(情节较轻的), the offender may be detained or imposed a fine. Article 110

(1) If a participant or any other person in the court proceedings commits any of the following acts, the people's court shall, according to the seriousness of the act(情节轻重), 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.

(a) forging伪造or destroying important evidence, which would obstruct妨碍the trial of a case by the people's court;

(b) using violence, threats or subornation to prevent a witness from giving testimony, or instigating(指使), suborning(贿买), or coercing (胁迫)others to commit perjury(作伪证);

(c) concealing, transferring, selling or destroying property that has been sealed up or distrained, or property of which an inventory has been(已被清点) made and which has been put under his care(保管)according to court instruction, or transferring the property that has been frozen;

(d) insulting, slandering, incriminating with false charges(诬陷), assaulting or maliciously retaliating against(打击报复)judicial officers or personnel(司法工作人员), participants in the proceedings, witnesses, interpreters, evaluation experts(鉴定人), inspectors, or personnel assisting in execution(协助执行的人);

(e) using violence, threats or other means to hinder(阻碍)judicial officers or personnel from performing their duties; or

(f) refusing to carry out(履行) legally effective judgments or orders of the people's court.

(2) With respect to a unit that commits any of the acts specified above, the people's court may impose a fine on or detain its principal head(主要负责人)or the persons who are held directly responsible for the act; if the act constitutes a crime, investigations for criminal responsibility shall be made according to law.

Where the parties collude with each other viciously and attempt to escape from debts or misappropriate the property of another person by means of litigation or intermediation, the people’s court shall deny their request(驳回其请求)and according to the seriousness of the circumstances impose a fine upon or detain them; if a crime is constituted, criminal responsibility shall be investigated according to law.

Article 113

Where the person subjected to execution colludes with another person viciously and escape from the obligations specified in legal writs(法律文书) by means of litigation or arbitration, the people’s court shall, according to the seriousness of the circumstances, impose a fine upon or detain them; if a crime is constituted, criminal responsibility shall be investigated according to law.

Article 114

(1) Where a unit which is under the obligation to assist in investigation and execution commits any of the following acts, the people's court may, apart from enjoining it to perform its obligations, also impose a fine:

(a) refusing or obstructing the investigation and collection of evidence by the people's court;

(b) refusing to assist in inquiring, freezing or transferring the relevant deposit after receiving a notice for assistance in execution from the people's court,

(c) refusing, 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, going through the transferring formalities for the relevant certificates of property rights or transferring the relevant negotiable instruments(票证), certificates(证照), or other property; or

(d) refusing to provide other obligatory assistance in the execution.

(2) With respect to a unit that commits any of the acts specified above, the people's court may impose a fine on its principal head or the persons who are held directly responsible for the act. The people's court may also put forward a judicial proposal(提出司法建议) to the supervisory organ(监察机关)or any relevant organ for the imposition of disciplinary sanctions(纪律处分).

Article 115

(1) A fine on an individual shall not exceed RMB ￥1,000. A fine on a unit shall not be less than(以上)RMB ￥1,000 and shall not exceed RMB ￥30,000.

(2) The period of detention(拘留期间) shall not be longer than 15 days.

(3) The people's court shall deliver detained persons to the public security organ for custody. If the detainee admits and mends his wrongdoings during the period of detention, the people's court may decide to advance the time of release.

Article 116

(1) Constrained appearance in court(拘传), imposition of a fine or detention shall be subject to the approval of the president of the people's court.

(2) A peremptory writ(传票) shall be issued for constraining appearance in court.

(3) A decision in writing(决定书) shall be made for the imposition of a fine or detention. The offender, if dissatisfied with(不服) the decision, may apply to the people’s court at the next higher level(上一级)for reconsideration which could be granted only once. The execution of the decision shall not be suspended during the period of reconsideration.