Twenty-eighth meeting of the Standing Committee of the Eleventh National People's Congress decided to make the following amendments to the "PRC Civil Procedure Law":

One paragraph is added to a, thirteenth, as the first paragraph: "the civil litigation shall follow the principle of honesty and credit."

Two, fourteenth shall be amended as: "the people's procuratorates shall have the right to exercise legal supervision over the civil litigation."

Three, cancel sixteenth.

Four, the twenty-fifth changed to thirty-fourth, is amended as: "the contract or other disputes over property rights and interests of the parties to a written agreement to choose the place where the defendant has his domicile,The performance of the contract,The contract is signedUnder the jurisdiction of the people's court, the plaintiff's domicile, the object location have actual contact locations and controversial, but not in violation of the law ofThe grade jurisdictionProvisions and exclusive jurisdiction."

Five, one article is added as Article twenty-sixth: ", for establishment of company, shareholder's qualification, the distribution of profits, the dissolution lawsuit, under the jurisdiction of the people's court at the domicile of the company."

Six, the thirty-eighth changed to 127th, one paragraph is added as the second paragraph: "the parties, raises no objection to the jurisdiction, andInvolved in reply, as should the people's court has jurisdiction, but violating the provisions on jurisdiction except."

Seven, thirty-ninth to thirty-eighth, the first paragraph is revised as follows: "the first instance of civil cases superior people's court shall have the right to trial jurisdiction of lower class people's court; civil cases of first instance in the jurisdiction is necessary to an inferior people's court shall be reported to the approval, the people's court at a higher level."

Eight, the forty-fifth changed to forty-fourth, is amended as: "the judicial personnel in any of the following circumstances, it shall voluntarily withdraw, the parties shall have the right to apply orally or in writing for his withdrawal:

"(a) is a party to the case or the parties, agents ad litemNear relativesThe;

"(two) have interest in the case;

"(three) with other parties, and in this case an agent ad litem, may affect the impartial handling of the case.

"The parties, agents ad litem judges to accept a treat or gift, or in violation of the regulations meet with the parties, agents ad litem, the parties shall have the right to request him to withdraw.

"The judicial officers have the acts mentioned in the preceding paragraph, shall be investigated for legal responsibility according to law.

"The provisions of the preceding three paragraphs, apply to clerks, interpreters, expert witnesses, the inspector."

Nine, one article is added as Article fifty-fifth,: "on the pollution of the environment infringement of the legitimate rights and interests of consumers, many such harm the social and public interests, the law of the relevant organs and organizations can bring a lawsuit to the people's court."

An increase of ten, fifty-sixth, as the third paragraph: "the provisions of the preceding two paragraphs third, because you cannot blame me for not to participate in the litigation, but there is evidence that a legally effective judgment, ruling,Mediation bookThe error of part or all of the content, the damage to its civil rights and interests, can be self knows or should know within six months of the civil rights of the date of injury, to make the judgment, ruling, the people's court mediation. The people's court, the claim is established, shall be changed or reverse the original judgment, ruling, mediation; litigation request is not established, dismissed the action request."

Eleven, the second section fifty-eighth is amended as: "the following persons may be entrusted as an agent ad litem:

"(a), legal service workers at the basic level;

"(two) close relative of a party or the staff;

"(three) the community, units and other relevant social organizations recommend citizens."

Twelve, sixty-third shall be amended as: "the evidence including:

"(a) statements of the parties;

"(two) documentary evidence;

"(three) evidence;

"(four) audio-visual materials;

"(five) electronic data;

"(six) the testimony of a witness;

"(seven) the expert opinion;

"(eight) the written record of the inspection.

"Evidence must be verified before it can be used as the basis for ascertaining the facts."

Corresponding to the 124th, the 171st in the "conclusion" is amended as "expert opinion".

Thirteen, increase two, as sixty-fifth, sixty-sixth:

"Article sixty-fifth the parties shall promptly provide evidence to support their assertions.

"The people's court according to the party's positions and trial, determine the parties shall provide evidence and term. The parties in the period provide evidence is difficult, may apply to the people's court to extend the time limit, the people's court according to the request of the parties concerned properly extended. The parties to provide evidence, the people's court shall order the reasons; refused to explain the reason or reasons not established, the people's court according to different circumstances may refuse to accept the evidence, or accept the evidence but be reprimanded, fined.

"The sixty-sixth people's court received evidence submitted by the parties, shall issue receipts, stating the name, number of pages of evidence, number of copies, the original or photocopy and time of receipt, and sealed by the agency staff signature or."

Fourteen, the sixty-seventh changed to sixty-ninth, is amended as: "after that the statutory procedures of notarization legal facts and documents, the people's court shall serve as basis for ascertaining the facts, but there is evidence to the contrary sufficient to invalidate the notarization."

Fifteen, the seventieth changed to three, as seventy-second, seventy-third, seventy-fourth, amended as:

"Seventy-second of the units and individuals who have knowledge of the circumstances of the case, have the obligation to testify in court. Responsible heads of the relevant units shall support the witness.

"Not the correct expression of interesting people, can't testify.

"Article seventy-third the people's court, the witness should appear in court as a witness. Any of the following circumstances, the people's court, the written testimony, audio-visual transmission technology or audio-visual materials such as witness:

"(a) due to health reasons can not appear in court;

"(two) because journey is distant, traffic inconvenience can not appear in court;

"(three) as a result of natural disasters and other force majeure can not appear in court;

"(four) other legitimate reasons can not appear in court.

"The seventy-fourth witnesses testify obligations incurred due to the transportation, accommodation, meals and other necessary expenses and loss, shall be borne by the losing party burden. If the parties apply for the witnesses, the parties to advance; no client application, the people's court shall notify the witness, the people's court to advance."

Corresponding to the sixty-second in the "will" is amended as "meaning".

Sixteen, the seventy-second changed to three, as seventy-sixth, seventy-seventh, Seventy-eighth, amended as:

"Article seventy-sixth the parties mayAscertain the factsSpecial issues to the people's court for identification. If the parties apply for identification, through consultation by both parties to determine the appraiser qualification; consultation fails, designated by the people's court.

"If a party fails to apply for identification, the people's court for specific problems that need identification, identification of human shall entrust the qualified identification.

"Seventy-seventh identification has right to know the case materials necessary for the evaluation, when necessary, ask the parties, witnesses.

"The expert witness shall submit a written expert opinion, in the appraisal or stamped signature.

"The Seventy-eighth party objection or the people's court that his testimony necessary for the appraisal, the appraiser shall appear in the court. After the people's court shall notify, identification of refusing to testify in court, expert opinion may not be used as the basis for ascertaining the facts; pay appraisal cost of the parties may request the return of appraisal cost."

One article is added as article seventy-ninth, that: "the parties may apply to the people's court notice with specialized knowledge appearing in court, comments made on identification of the expert opinion or professional problems."

Seventeen, the seventy-fourth changed to eighty-first, is amended as: "where evidence may be destroyed or lost or difficult to obtain later cases, the parties may apply to the people's court for preservation of the evidence in the proceedings, the people's court may also take security measures on its own initiative.

"In case of emergency, the evidence may be destroyed or lost or difficult to obtain later circumstances, an interested person may in bringing a suit or applying for arbitration to the place where the evidence is located, was beforeThe domicile of the defendantOr the case with the jurisdiction of the court for evidence preservation.

"The preservation of evidenceOther procedures, the relevant provisions of this law are applicable to the ninth chapter of preservation."

Eighteen, the seventy-ninth changed to eighty-sixth, is amended as: "by sending Master or his adult relatives refuses to receive the documents, the litigant may invite the representative of the relevant basic organization or the unit to appear on the scene, explain the situation, put down in the receipt to Ming Ju reasons and date, sealed by the sending Master, witness signature or, the litigation documents in the recipient's domicile; also the litigation documents in the addressee's residence, and the camera, video recording service process, the service shall be deemed completed."

One article is added as article eighty-seventh, "agreed: to serve, the people's court may use fax, email to confirm the receipt of litigation documents, but the judgment, ruling, mediation book except.

"By the way served by fax, e-mail, when they reached the addressee system specific date as the date of service."

Nineteen, the eighty-second changed to ninetieth, is amended as: "the person to be served in prison, the prison to.

"The addressee compulsory education measures to be taken, the compulsory education institutions to."

Corresponding to the twenty-third third is amended as: "(three) against compulsory education measures to be taken to the litigation".

Twenty, ninth chapter, ninety-sixth, ninety-ninth, 140th, 256th "Property preservation"To" preserve".

Twenty-one, the ninety-second changed to 100th, is amended as: "the people's court may if a party's acts or other reasons, the decision to execute or other damage caused by the case, according to the request of the other party, be a ruling, the preservation of property shall be ordered to make certain actions or forbid it to make certain behavior; the absence of such application, the people's court may rule the preservation measures when necessary.

"People's courts to take preventive measures, may order the applicant to provide a guarantee, the applicant fails to provide security, the court rejected the application.

"People's court accepts an application, if the case is urgent, must make the decision within forty-eight hours; decided to take preservation measures, it shall be enforced immediately."

Twenty-two, the ninety-third changed to 101st, is amended as: "an interested person in case of emergency, do not immediately apply for the preservation of its lawful rights and interests will suffer irreparable harm, in bringing a suit or applying for arbitration to be preservedThe property is located, has his domicile or the people's court having jurisdiction on cases for the preservation measures. The applicant shall provide guaranty, does not provide a guarantee, the court rejected the application.

"People's court accepts an application, shall make a ruling within forty-eight hours; decided to take preservation measures, it shall be enforced immediately.

"The applicant within thirty days after bringing a suit or applying for arbitration is not in accordance with the law in the people's court to take preservation measures, the people's court shall rescind the."

Twenty-three, the ninety-fourth changed to two, as 102nd, 103rd, amended as:

"102nd preservation shall be limited to the request, or property related to the case.

"Other methods of 103rd property preservation shall be seized, seizure, freezing or legal provisions. The people's court attachment of property, should be the people immediately notify the property preservation.

"Property that has been sealed up, frozen, shall not be seized or frozen."

The ninety-fifth changed to 104th, is amended as: "the property dispute cases, by the applicant to provide a guarantee, the people's court shall rule to cancel the preservation."

Twenty-four, increase two, as 112nd, 113rd:

"Between the 112nd partiesMalicious collusionThrough litigation, mediation, attempt to infringe the legitimate rights and interests of others, the people's court shall reject the request, and according to the seriousness of the circumstances, impose a fine of detention; constitutes a crime, shall be investigated for criminal responsibility according to law.

"The 113rd execution of malicious collusion with others, through litigation, arbitration, mediation and other ways to avoid performanceThe legal documentDetermine the obligation, the people's court shall, according to the seriousness of the case, impose a fine on detention; constitutes a crime, shall be investigated for criminal responsibility according to law."

Twenty-five, the 103rd to the 114th, the second item of the first paragraph is revised as follows: "(two) the relevant units of the people's court after receiving a notice for assistance in execution, refusing to assist in search, seizure, freezing, transfer, change property".

The 104th changed to 115th, the first paragraph is revised as follows: "fine individual amount, one hundred thousand yuan the following. The unit fine amount, fifty thousand yuan of above one million yuan of the following."

Twenty-six, 110th to 121st, the first to the two, as the first, second, amended as:

"(a) the name, gender, age, nationality, occupation, work units, home, contact, the name, address of the person or other organization and the legal representative or principal responsible person name, position, contact;

"(two) the name, gender information, work units, home, the name, address of the person or other organization etc.".

The 113rd changed to 125th, is amended as: "the people's court shall in the case within five days from the date of send a copy of the indictment to the defendant, the defendant should be received within fifteen days from the dateThe defence. The reply shall specify the name, gender, age, nationality, occupation, work units, home, contact; the name, address of the person or other organization and the legal representative or principal responsible person name, position, contact. The people's court shall, on receipt of the reply within five days from the date of the pleadings copy of the plaintiff.

"A bill of defence shall not affect the court hearing."

Twenty-seven, one article is added as article 122nd, Party: "the prosecution to the people's court for civil disputes, mediation, conciliation, the parties to the mediation except."

Twenty-eight, the 111st changed to 124th, among them "must be the people's court in accordance with the law article 108th prosecution, accepted; on the following suit, respectively, to deal with:" is amended as: "the people's court for the prosecution, the situation will be dealt with separately:".

The second item is amended as follows: "(two) in accordance with the law, both parties reach a written arbitration agreement shall apply for arbitration, the people's court, notify the plaintiff to an arbitration institution for arbitration".

The fifth item is amended as follows: "(five), on the decision, ruled that a legally effective mediation book case, the prosecution, notify the plaintiff to apply for a retrial, the people's court to withdraw the ruling but except".

Twenty-nine, the 112nd changed to 123rd, is amended as: "the people's court shall safeguard the parties in accordance with the law to enjoy the right to sue. In accordance with the law article 119th prosecution, must accept. In line with the conditions for prosecution, shall be filed within seven days, and notify the party concerned; do not meet the conditions of prosecution, shall make a ruling within seven days, will not be accepted; the plaintiff is dissatisfied with the ruling, it may file an appeal."

Thirty, one article is added as article 133rd,: "people's Court on the admissibility of the case, respectively, to deal with:

"(a) if the parties do not dispute, in accordance withThe supervising procedureThe provisions of the conditions, can be transferred to the supervising procedure;

"(two) before the court can mediate, takeMediationThe timely settlement of disputes;

"(three) according to the circumstances of the case, determine the applicableSummary procedureOr the ordinary procedure;

"(four) necessary to conduct a trial, by requiring the parties concerned to exchange evidence and so on, clear the focus of controversy."

Thirty-one, the 124th changed to 138th, third is amended as: "(three) presentation of documentary evidence, material evidence, audiovisual and electronic data".

Thirty-two, the 138th changed to 152nd, in the first paragraph of "judgment shall state:" is amended as: "the judgment shall state the verdict and make the judgment reason. Judgment includes:".

The second item of the first paragraph is revised as follows: "(two) apply judgment that fact and reason, law and reason".

Thirty-three, the 140th to the 154th, the ninth item of the first paragraph is revised as follows: "(nine) revocation orRefusing to execute the arbitralAdjudication.

The second paragraph is revised as follows: "in the first to third ruling, can appeal."

The third paragraph is revised as follows: "the ruling shall specify the verdict and make the decision reason. Rulings by the judge and the recording clerk, sealed by the people's court. A verbal ruling, recorded in the transcript."

Thirty-four, one article is added as article 156th,: "the public can access the legally effective judgment, ruling, except those involving state secrets, commercial secrets or personal privacy content."

Thirty-five, the 142nd changed to 157th, one paragraph is added as the second paragraph: "the trial, the provisions of civil cases, the basic people's court and the tribunals dispatched by it, the parties may agree to apply summary procedure."

Thirty-six, the 144th changed to 159th, is amended as: "when trying a simple civil case the basic people's court and the tribunals dispatched by it may use simplified methods, to summon the parties and witnesses, litigation documents, the trial of the case, but shall guarantee the parties statements on the right."

Thirty-seven, one article is added as Article 162nd,: "trying simple civil cases in accordance with the law 157th the provisions of the first paragraph of the basic people's court and the tribunals dispatched by it, subject to the provinces, autonomous regions, municipalities directly under the central government on the annual employmentThe average wageThirty percent the following, execute a court."

Thirty-eight, one article is added as Article 163rd,: "people's courts in the trial process, found that the summary procedure is not appropriate for the case, ruled to the ordinary procedure."

Thirty-nine, 152nd to 169th, the first paragraph is revised as follows: "the people's Court of second instance cases on appeal, shall form a collegial panel, trial. After the examination, investigation and questioning the parties, no new facts, evidence or reason, the collegial panel considers that it is not necessary to conduct a trial, the trial can not."

Forty, the 153rd changed to 170th, is amended as: "the people's Court of second instance cases on appeal, after hearing, according to the following circumstances, respectively:

"(a) the original judgment, ruling that the facts are clear, the correct application of law, judgment, ruling way to dismiss the appeal,UpheldCertainly, ruling;

"(two) the original decision, ruled that the error error of fact or law, the judgment, ruling way, the judgment shall be amended according to cancel or change;

"(three) the original verdict that the basic facts are not clear, rescind the original judgment, the people's court remanded retrial, or find out the facts adjudged;

"(four) the original ruling party or illegal omission of default judgment and serious violation of legal procedures, rescind the original judgment, back to the trial court for a retrial.

"The people's court ruled on rehearing of the case, the parties filed an appeal, the people's Court of second instance shall not remand."

Forty-one, the 160th changed to 177th, is amended as: "the people's courtQualifications of votersThe case,The declaration of disappearanceOrDeclaration of deathCase, the ascertainment of a citizen's incapacity or restricted capacity for civil conduct case, a property as ownerless, confirmThe mediation agreementAnd realizes the caseReal right for securityCase, the provisions of this chapter shall apply. No provision of this chapter, apply the relevant provisions of this Law and other laws."

Forty-two, in the fifteenth chapter two section fifth quarter increase, as in section sixth, section seventh:

"Section sixth cases confirmed the mediation agreement

"Article 194th apply for judicial confirmation by both parties in accordance with the provisions of the mediation agreementThe people's mediation methodAnd other laws, within thirty days from the date of entry into force the mediation agreement, mediation organization to the basic people's court at the place.

"The 195th people's court after the acceptance of the application, after examination, in accordance with the law, that the effect of the mediation agreement, a party refuses to perform or fails to fully perform, the other party may apply to the people's court for enforcement; do not comply with the provisions of the law, the decision rejecting the application, the parties may change the original settlement agreement reached through mediation or the new agreement of mediation, or bring a lawsuit to the people's court.

"Seventh section to achieve security cases

"196th for the realization of security interest, byThe security holderAnd the realization of guarantee right has the right to request in accordance with other peopleThe property lawWhere laws, to guarantee property or real right of pledge registration at the basic people's court at.

"The 197th people's court after the acceptance of the application, after examination, in accordance with the law, ruling auction, sold the property for security, on the basis of the ruling party may apply to a people's court for enforcement; do not comply with the provisions of the law, the court rejected the request, the parties may bring a lawsuit to the people's court."

Forty-three, the 178th changed to 199th, is amended as: "where the legally effective judgment, ruling, that is wrong, may apply to a people's court at a higher level for retrial; one party or both parties for the large number of civil cases, it may appeal to the trial court for retrial. The parties apply for a retrial, judgment, execution of the ruling shall not stop."

Forty-four, the 179th to the 200th, the fifth item of the first paragraph is revised as follows: "(five) on the hearing main evidence in cases of need for objective reasons, the parties can not be collected, the people's court for a written investigation and collection, the people's court has not collected".

Delete the seventh item of the first paragraph.

The second paragraph is revised as follows: "thirteenth, (thirteen) the trial of the case haveBribery and corruptionBehavior, play favouritism and commit irregularities, perverted the law."

Forty-five, the 181st changed to 204th, is amended as: "the people's court shall review within three months from receipt of the application for retrial, in accordance with the provisions of this law, ruling retrial; do not conform to the provisions of this law, the court rejected the application. If extension is needed, approved by the president of the court.

"The application of a party concerned, ruling retrial cases tried by a people's court above the intermediate people's court, but the parties in accordance with the provisions of law 199th choice except to the grassroots people's court for retrial. The Supreme People's court, the higher people's Court of retrial case, the court retrial or make other people's court for retrial, the people's Court of retrial can also cross."

Forty-six, 182nd to 201st. The 177th, 183rd, 185th, 189th changed to 198th, 202nd, 206th, 212nd, amended as:

"Article 198th the people's courts at all levels of the hospital in a legally effective judgment, ruling, mediation, mistakes are found, that the retrial necessary, shall be submitted to the judicial committee for discussion and decision.

"The Supreme People's court in a legally effective judgment, ruling, the people's court mediation, the higher level to the lower level people's Court of a legally effective judgment, ruling, mediation, mistakes are found, have the right to examine or order an inferior people's court for retrial.

"The 202nd party in a legally effective judgment, the dissolution of the marriage mediation book, shall apply for a retrial.

"The 206th decision in the case of retrial according to the procedure for trial supervision, order to suspend the original judgment, ruling, the conciliation statement execution, but the recourse of alimony, maintenance,Nurturing fee,PensionLabor remuneration, medical expenses, etc. in the case, may not suspend execution.

"The decision of 212nd people's Procuratorate to the people's court judgment, ruling, the conciliation statement shall be made a protest, protest."

Forty-seven, the 184th changed to 205th, is amended as: "the parties to apply for a retrial, the judgment, ruling shall take legal effect within six months are presented; the 200th article of this law the first, third, twelfth, thirteenth regulations, self aware or should be made within six months know day."

Forty-eight, the 187th changed to 208th, is amended as: "the Supreme People's Procuratorate of the people's courts at all levels have a legally effective judgment, ruling, the people's Procuratorate at a higher level to the lower level people's court a legally effective judgment, ruling, the 200th article of this law the provisions of mediation, or damage the interests of the state, the social public interests, it shall lodge a protest.

"Local people's procuratorates of the people's courts at the same level a legally effective judgment, ruling, found the law the 200th regulation circumstances, or the discovery of mediation to harm the interests of the state, social and public interests, can put forward the suggestions to the people's court at the same level for the record, and report to the superior people's Procuratorate; also may request the people's Procuratorate the protest to the people's court at the same level.

"The illegal behavior of judicial personnel of people's procuratorates at all levels except for the procedure for trial supervision other trial procedure, have the right to put forward the proposal to the people's courts at the same level."

Forty-nine, increase two, as 209th, 210th:

"209th in one of the following cases, the parties may apply to the people's Procuratorate procuratorial suggestions or protest:

"(a) people's court rejected the application for retrial;

"(two) the people's court fails to apply for retrial ruling;

"(three) if the second judgment, ruling is obviously wrong.

"The people's Procuratorate shall conduct examination within three months of the request of the parties concerned, made or not present procuratorial suggestions or protest decision. The parties may not apply again to the people's Procuratorate procuratorial suggestions or protest.

"Article 210th the people's Procuratorate for the performance of the legal responsibilities of supervision required procuratorial suggestions or protest, can the party or an outsider investigations to verify the situation."

Fifty, the 188th changed to 211st, is amended as: "the case protested by the people's Procuratorate, accepted by a people's court shall make a retrial ruling within thirty days after receiving the protest; a paragraph 1 to fifth of this law the 200th circumstances, can make people's court at the next lower level retrial, but except the lower level people's Court of retrial."

Fifty-one, the 194th changed to 217th, is amended as: "the people's court received a written objection submitted by the debtor, upon review, objection, it shall make a ruling to terminate the procedure for hastening debt recovery, shall automatically cease to be in force.

"The order of payment failure, into theProcedureFor an order of payment, but the one party does not agree except a lawsuit."

Fifty-two, the 207th to the 230th, the second paragraph is amended as: "the person applying for enforcement due to fraud, coercion and execution to reach a settlement agreement, or the parties fails to fulfill the settlement agreement, the people's court may upon application of the party concerned, restore the execution of the original effective legal document."

Fifty-three, one article is added as article 235th,: "the people's Procuratorate has the right to exercise legal supervision over the civil execution."

Fifty-four, the 213rd changed to 237th, second, fourth, fifth item is amended as follows:

"(four) on which the award is based evidence is fake;

"(five) the other party to the arbitration institutions conceal enough to affect the impartiality of ruling".

Fifty-five, the 216th changed to 240th, is amended as: "the execution officer receiving the written application for enforcement or the transfer of enforcement, shall issue an enforcement notice to the person subjected to execution, and can immediately take enforcement measures."

Fifty-six, the 218th changed to 242nd, is amended as: "is the person concerned refuses to carry out the obligations specified in the legal document, the people's court shall have the right to inquire about the deposits of the person subjected to execution units, bond, stock, fund, property. The people's court shall have the right according to different circumstances, freezing, seizure, proceeds from the transfer of the person to be enforced property. The people's court seizure, freezing, query, transfer, change of property shall not exceed the enforcee shallTo fulfill the obligationThe scope of.

"The decision of a people's court distrain, freeze, transfer, change property, shall make a ruling, and issue a notice for assistance in execution, the relevant units must be handled."

Fifty-seven, the 223rd changed to 247th, is amended as: "the property has been sealed up, detained, the execution officer shall order the person to be enforced to perform the obligations specified in the legal document within a specified period of time. The person subjected to execution fails to perform within the time limit, the people's court shall auction was seized, seizure of property; not suitable for auction or the parties agree not to auction, the people's court may entrust the relevant units sold or to sell. Prohibition of free trading goods, pay the relevant units in accordance with the provisions of the purchase price."

From fifty-eight, 242nd, 243rd.

Fifty-nine, the 245th changed to 267th, sixth is amended as: "(six) if the recipient country's laws allowThe mail delivery, may be served by post, since the date of post the full three months, the receipt of no return, but according to various circumstances justify the assumption that has been delivered, the expiration of the period of service shall be deemed the date".

Add a, as seventh: "(seven) by fax, email to confirm the person to be served on all the way".

The seventh to the eighth, is amended as: "(eight) cannot be served by the way of,Announcement serviceSince the announcement, the expiration of three months, the document shall be deemed to."

Sixty, delete the twenty-sixth chapter "property preservation".

Civil Procedure Law of the relevant provisions of chapter numbers and ordinal be adjusted according to this decision.

This decision shall be implemented as of January 1, 2013.

"PRC Civil Procedure Law" be amended according to this decision, and be re promulgated.

 

Specific interpretation:

 

 The eleven session of the twenty-eighth meeting of the NPC Standing Committee in August 31, 2012, to vote on the revision of the civil procedure law decision.

Civil procedure law is the basic law of the state, is the basic rules of civil procedure. China's current civil procedure law is1991Four session of the seven National People's Congress passed.2007Year, the Ten Session of the thirtieth meeting of the NPC Standing Committee had to the trial supervision procedure and implement procedure part of rules are modified.

With the rapid development of economy and society, increasing the number of civil cases, new types of cases continue to emerge, the provisions of the civil procedure law in some areas has not fully adapted to the needs of people, it is necessary to further improve the.

The amendment of civil procedure mainly includes seven aspects: perfecting the mediation and litigation mechanism linking; further safeguard the litigation rights of the parties; perfect the system of burden of proof; to perfect the summary procedure; strengthen the legal supervision; perfecting the procedure for trial supervision; improve the implementation of the program.

　A small claims litigation system execute a court

The new revised civil procedure law provides for the establishment of small claims litigation system for the first time.

Many civil cases is a simple civil case facts are clear, less controversial. The provisions of the civil procedure law trying simple civil cases in which summary procedure. To perfect the summary procedure, to improve the trial efficiency, reduce litigation costs, reasonable use of judicial resources, has the vital significance.

To solve a wide range of civil disputes, according to some local pilot to explore and learn from foreign good practices, the new revised civil procedure law is part of the application cases of summary procedure set up small claims system,"Subject to the provinces, autonomous regions, municipalities directly under the central government last year's annual average wage of employees below thirty percent". These cases execute a court.

According to statistics,2011The national average wage of employed persons in urban units for41799According to the calculation of thirty percent yuan, the national majority of provinces, city12000Multivariate. At the same time, increase provisions: the people's court in the trial process, found that the summary procedure is not appropriate for the case, ruled to the ordinary procedure.

　　For the first time to the provisions of the act preservation problem

The revised civil procedure law to further improve the security system for the first time, to the provisions of the act preservation problem.

Current civil procedure law does not stipulate the act preservation problem. The intellectual property infringement cases sometimes need to prevent the parties to a certain behavior or to demand a certain behavior, to stop infringement, to prevent the expansion of the injury. Copyright law, patent law, trademark law, maritime litigation special procedure law has made the relevant provisions.

The new modification of the Civil Procedure Law added provisions in this regard in the preservation of property: the people's court may if a party's acts or other reasons, the decision to execute or other damage caused by the case, according to the request of the other party, can be carried out, the property preservation in the ruling shall be ordered to make certain behavior or forbid it to make certain behavior; the absence of such application, the people's court may rule the preservation measures when necessary.

    Defining the scope of legal representatives

 

   Fifty-eighth the provisions of Civil Procedure Law "revised the parties, legal representative may entrust one or two persons to represent them in the action.

    The following persons may be entrusted as an agent ad litem:    (a), legal service workers at the basic level;    (two) close relative of a party or the staff;    (three) the parties communities, institutions and relevant social groups recommended citizens." In addition, other citizens have no right agency civil cases, prevent some ignorance of the law is "black lawyer" to participate in civil litigation, disrupt the court order and social order, harm the legitimate interests of the parties.

 

　Civil dispute mediation mediation suitable to

The new modification of the civil procedure rules to increase, the prosecution to the court for civil disputes, mediation, conciliation, the parties to the mediation except.

Our country is in the social contradictions period, all kinds of civil disputes increase day by day, give full play to the role of mediation, as far as possible disputes at the grass-roots, settled at the local, to resolve conflicts and disputes, and promoting social harmony and stability, has the important meaning. Therefore, the new revised civil procedure law perfected the mechanism linking mediation and litigation, mediation of increased provisions.

Mediation as an effective way to resolve disputes, has the procedure simple, flexible, self fulfillment rate etc.. Without the approval of the people's mediation of disputes, the prosecution to the court, can mediate first; through the people's mediation fails to reach an agreement of mediation of disputes, the prosecution to the court, can also mediate first. Therefore, the new revised civil procedure law to increase the above-mentioned provisions.

　　To further improve the pre-trial preparation procedure

The new modification of the civil procedure law to further perfect the preparation procedure before trial.

The new revised civil procedure in the treatment before the court for the prescribed procedures in case of different: there is no dispute on the parties, in accordance with the procedure for hastening debt recovery requirements, into the supervising procedure; before the court can mediate mediation, to take timely settlement of disputes; the case according to the situation, determine the application of summary procedure or ordinary procedures necessary to conduct a trial; by request, the parties concerned to exchange evidence and so on, clear the focus of controversy.

　　The public can access to effective judgment ruling

The new modification of the civil procedure law perfect judicial public system.

Judicial public trial, to improve the quality, release the canonic judgment plays an important role in. The new modification of the civil procedure rules: increase public access to a legally effective judgment, ruling, except those involving state secrets, commercial secrets or personal privacy content. At the same time, further stipulates, judgments, rulings should be written judgment, ruling the judgment, ruling and reason.

　　Gives party identification procedure rights

The new law gives the parties modify start identification procedure rights.

The new modification of the civil procedure law to increase provisions: special issues the parties may apply to the people's court to ascertain the facts of identification. If the parties apply for identification, through consultation by both parties to determine the appraiser qualification; consultation fails, designated by the people's court. The parties disagree or the people's court that his testimony necessary for the appraisal, the appraiser shall appear in the court. After the people's court shall notify, identification of refusing to testify in court, expert opinion may not be used as the basis for the establishment of facts.

　　The parties may agree to apply summary procedure

The new modification of the civil procedure law to expand the scope of application of summary procedure.

According to the parties concerned have the right to dispose of the civil rights and litigation rights principle, revised civil procedure rules to increase, other civil cases except for simple civil cases, the parties may agree to apply summary procedure.

The new modification of the civil procedure law also stipulates trying a simple civil case, the basic people's court and the tribunals dispatched by it may use simplified methods, to summon the parties and witnesses, litigation documents, the trial of the case, but should guarantee the party statement right.

　　The increase of supervision law mode of procuratorial suggestions

The new modification of the civil procedure law increases the procuratorial organs supervision on civil litigation.

The procuratorial organ to exercise legal supervision over civil action, is the guarantee to exercise jurisdiction in accordance with the law, an important system in the correct implementation of the law, to promote judicial justice, safeguard social and public interests, which plays an important role in.

The current civil procedure law only provides a way of supervision of protest. In recent years, some local pilot exploration, new modifications of the civil procedure rules to increase, the people's Procuratorate has the right to exercise legal supervision over the civil procuratorial suggestions on ways to.

The new revised civil procedure law also provides that: illegal judicial personnel of people's procuratorates at all levels except for the procedure for trial supervision other trial procedure, have the right to put forward the proposal to the people's courts at the same level.

　The civil enforcement activities into the legal supervision

The new modification of the civil procedure law to expand the scope of supervision, will be included in the scope of legal supervision of civil execution.

The current civil procedure law does not specify the civil execution and the people's court mediation activities to implement the procuratorial supervision. The implementation of activities of some party malicious collusion, public interests through the mediation agreement damages the social situation, the revised civil procedure law to the people's Procuratorate has the right to exercise legal supervision over the civil trial activities, to the people's Procuratorate has the right to exercise legal supervision over the civil litigation, the civil enforcement activities into the legal supervision.

At the same time increased, the people's Procuratorate for the performance of the legal responsibilities of supervision required retrial procuratorial suggestions or protest, can the party or an outsider investigations to verify the situation.

　　Part of the case may apply to the court for retrial

The new modification of the civil procedure rules to increase the case: a large number of, can also apply to the people's court for retrial.

The consideration is, the trial supervision procedures to correct the wrong, safeguard judicial justice, protect the lawful rights and interests of the parties, plays an important role in. Provisions of the civil procedure law, the parties believe that decision, ruled that there was a mistake, may apply to a people's court at a higher level for retrial. In some cases, a party number more, by the people's court for retrial, to ascertain the facts, to resolve disputes in the local.

At the same time, the new revised civil procedure law could also improve the retrial case to suspend the implementation of the relevant provisions of: in accordance with the procedure for trial supervision retrial case, ruled that the suspension of the original judgment, ruling, the conciliation statement execution, but the recourse of alimony, maintenance, upbringing, pension, medical expenses, labor compensation cases, can not suspension of execution.

　　Apply for a retrial time shortened to six months

Provisions of the civil procedure law, the party applying retrial, should be in the judgment, ruling made two years after taking legal effect; two years later, according to legal instruments to make the original decision, ruling is revoked or changed, and found that the judicial officers have corruption takes bribes, play favouritism and commit irregularities, perverting the law behavior in the trial of the case, since the aware or should be made within three months to know the day.

So, one is two years of applying for retrial period is too long, is not conducive to the stability of the legal relationship; two is put forward within three months of the retrial is too narrow.

Therefore, the revised civil procedure law provisions is amended as: the parties to apply for a retrial, the judgment, ruling shall take legal effect within six months proposed; new evidence, to reverse the original judgment, ruling, the original judgment, ruling the main evidence for ascertaining the facts is false, according to legal instruments to make the original decision, ruling is revoked or changed, and the trial of the case with corruption and bribery, play favouritism and commit irregularities, perverting the law behavior, self aware or should be made within six months to know the day.

Clear start the subject of public interest litigation can reduce difficulty

Tellingly, the Civil Procedure Law revised added provisions of public interest litigation system.

In recent years, environmental pollution and food safety incidents continue to occur, the National People's Congress and the several proposed to increase public interest litigation in the civil procedure law. Therefore, the new revised civil procedure law provisions on environmental pollution, increase: against numerous consumer legitimate rights and interests damage the public interests, the law of the organs, organizations can bring a lawsuit to the people's court.

　　

Such as Yunnan Qujing chromium slag pollution of Bohai Bay, Penglai19-3Oil spillage oil, Shanxi killed nearly 100 children high-temperature metamorphic vaccine inoculation......In recent years, whenever there is caused by environmental pollution and food safety issues such as against the public interest, public interest litigation will become the focus of attention of the whole society.

In judicial practice, the civil law for the first time to write the contents of overhaul of public interest litigation, are seen as the biggest bright spot.The new regulations make China public interest litigation legal system of ice made a big step.

　The witness fees shall be borne by the losing party burden

The revised law stipulates the obligation to testify in the court, for the performance of their transportation, accommodation, meals and other necessary expenses and loss, shall be borne by the losing party burden. If the parties apply for the witnesses, the parties to advance; no client application, the people's court shall notify the witness, the people's court to advance.

The new modification of the civil procedure law also stipulates, notified by the court, the witness should appear in court as a witness. Any of the following circumstances, the people's court, the written testimony, audio-visual transmission technology or audio-visual materials such as: evidence for health reasons can not appear in court; because journey is distant, traffic inconvenience can not appear in court; as a result of natural disasters and other force majeure can not appear in court; other legitimate reasons can not appear in court.

　　Appointing expert witness

The new modification of the Civil Procedure Law added provisions, the parties may apply to the people's court notice with specialized knowledge appearing in court, comments made on identification of the expert opinion or professional problems.

The provisions of this consideration is, medical accidents, environmental pollution and IPR, professional and strong, in order to ascertain the facts, to distinguish between right and wrong, safeguard the legitimate rights and interests, need experts during the trial to provide professional advice.

　　The procedure of second instance trial conditions

The revised civil procedure law has further defined the procedure of second instance trial conditions.

The current civil procedure law must not hearing provisions is not clear enough for civil cases of second instance, there are many civil cases in the procedure of second instance without hearing written decision, so in practice, should further understand the procedure of second instance trial conditions.

The new law will modify the current civil procedure law is amended as: the people's Court of second instance cases on appeal, shall form a collegial panel, trial. After the examination, investigation and questioning the parties, no new facts, evidence or reason, the collegial panel considers that it is not necessary to conduct a trial, the trial can not.

　　Connecting with the relevant provisions of Arbitration Law

The new modification of the Civil Procedure Law of the people's court unification of refusing to execute the arbitral award revocation and standard of review on the application.

The current civil procedure law provides for the disallowed execution of an arbitral award review of conditions, the provisions of"The main evidence for ascertaining the facts is insufficient","There is an error in the application of law". The arbitration law apply for revocation of an arbitral award review of conditions, the provisions of"Ruling according to the evidence is fake","The other party has concealed enough to affect the impartiality of ruling". The people's court for refusing to execute the arbitral award application review broader than the cancellation of the arbitration award application review, is not reasonable, therefore, should be based on the actual situation of China's arbitration, unified standard of review.

The new modification of the civil procedure law has made the corresponding revision according to the relevant provisions of arbitration law.

　　The case against increased outside relief procedures

The new modification of the civil procedure law also increased the case against outside relief procedures.

　　Increase the punishment of malicious litigation

  At present, the parties through malicious litigation and other means, against the legitimate rights and interests of the stranger happens. The malicious litigation, the compulsory measures should be applied to obstruction of civil procedure, a fine or detention shall be investigated for criminal responsibility according to law, the case shall also increase outside Macao infringer relief channel.

Therefore, to increase the provisions of the new modified procedure on the third provisions, because you cannot blame me for not to participate in the litigation, but there is evidence that a legally effective judgment, ruling, mediation book all or part of the error, damage the civil rights and interests, can be self knows or should know within six months the civil rights of the date of injury, to make the judgment, ruling, the people's court mediation. The people's court, the claim is established, shall be changed or reverse the original judgment, ruling, mediation; litigation request is not established, dismissed the action request.