The third seriesOrdinary civil adjudication

The seventeenth chapterThe ordinary procedure

The first sectionRegulations

 

    Article 230th [three trial and retrial system]

The people's court in civil cases shall be three trial and retrial system. Except where otherwise provided in this law.

 

 Article 231st [uninterrupted lawsuit principle]

The people's court civil cases, should follow the uninterrupted litigation and litigation in a timely manner within the prescribed time period principle. Without undue delay of action.

 

Article 232nd [] the protection of the right of action and the principle of equality

In civil proceedings, the judge should be fully respected and guaranteed rights enjoyed by the parties; that has substantial equal legal status and rights between the parties.

 

 Article 233rd [] convenient litigation principle

The people's court civil cases, according to facilitate the parties to litigation principle, can be held on the school, also can be different sittings. The specific time and location of the court session, by decision of a people's court or by the people's court and the parties agreed.

The people's court may set up a holiday and night court court. But the holiday and night court court session, shall be agreed with the consent of both parties.

 

Article 234Th [court] flow

The people's court may in the larger towns population or more densely populated communities, regularly or irregularly and set up a mobile court.

Mobile courts accepting civil cases, for instant about to another party, the judge shall request the parties timely reconciliation talks.

 

Article 235th [principle] instant judgment

The parties may jointly apply for instant court judge.

The people's court received jointly submitted the parties immediately after hearing the application, it shall immediately hearing.

After the hearing, the facts are clear, clear legal relations in civil cases, a single judge or a tribunal shall immediately make a decision. For not immediately make a decision, shall be handled in accordance with the ordinary procedure.

 

Article 236th [and] open court session limit principle

The people's court shall be open to the public hearing civil cases. But there is a party or parties do not apply for an open court, shall not open court session.

Public hearing can also be carried out in a limited range, specific scope by the parties agreed; negotiations fail to reach an agreement, the requirements of the open range minimum party views prevail.

Involving state secrets shall be public hearing civil cases. Related to personal privacy, marriage and family, commercial secrets or the judge considered inappropriate for public hearing other civil cases, whether the public hearing, decided jointly by the parties; fail to reach an agreement, not public hearing.

No public hearing civil cases, the people's court shall reflect the whole process of audio and video recording sessions, and the film archive. Does not have the imaging conditions, shall be composed of two clerks were recorded, and archiving.

 

Article 237th [must] the principle

In addition to the parties to withdraw the lawsuit, the people's court for the registration of the civil case judgment according to law or confirmation, must.

The people's court judgment must be comprehensive, full explanation.

 

Protection of 238th [right] another

Public hearing civil cases, the people's court shall allow the law-abiding citizen, holding identity cards to enter the courtroom. In addition, not to other identity constraints citizens to enter the courtroom.

In the trial sites allow circumstances, should maximize meet citizen's audit demand; the court can not meet the demand in the places, the people's court shall video transmission system is arranged in a closed or open place, live session live.

The observers in the court can video, recording, recording, but not to take photographs; in court other than the closed or open spaces set video transmission system, live session live, allowing visitors to any form of recording a.

Not to enter the courtroom without civil capacity or a person with limited capacity for civil act.

 

Article 239th [protection] media rights

Public hearing civil cases shall be allowed to enter the court, news media interviews, and to set up a press box. But the news media activities shall not affect the normal order of the court.

The establishment of the press box should be easy to reporters activities. The specific location by a single judge or a tribunal appointed.

 

Article 240th [the use of the national language in the proceedings]

Lawsuit participates in a person to use the national language, written languages in civil lawsuit.

In minority nationality or nationalities live together in one area, the people's court shall commonly used by the local ethnic language, text of the hearing and issue legal documents.

The people's court shall understand text language, the local ethnic groups for different participants to provide translation.

For the deaf, dumb or can not express the meaning of the words, unless the parties to avoid translation, the people's court shall assign translation or by other enough to express the true meaning of the form of litigation.

For the existence of mental disorder rather than with the other party or parties to the exchange, the people's court shall assign it consultants assisted the lawsuit.

 

Article 241st [general refereeing procedure applicable scope]

The people's court in civil cases, trial procedures, specifically provided in this law, apply special regulations; no special provisions, the provisions of this chapter shall apply.

The provisions of this law, the hearing review matters, have special procedures, special provisions shall prevail; no special procedure, refer to the chapter of the procedures.

 

The second sectionThe hearing procedure

 

Article 242nd [Objective] court

To find out the facts of the case hearing, distinguish fact nature, determine the applicable law for the purpose of.

 

Article 243rd [time] court decision

Sessional time, place by the judge. But shall consult with the parties and the lawsuit participates in a person's opinion, if the parties can reach an agreement, the judge has the discretion to respect his opinion.

The judge decided the date of the hearing, the parties should be avoided within five generations lineal and consanguineous marriage, funeral, birth, serious illness treatment and other parties is of special significance to date.

The parties are religious minority ethnic or beliefs, the judge decided to court date, should be avoided where the national major festivals or important religious festival.

Except the parties agreed or the law need to court in legal holiday, statutory holidays generally not sitting arrangements.

 

ArticleTwo hundred and forty-fourThe notice of court [service]

Except the parties agreed date of the hearing shall immediately, or court hearing, the hearing notice shall at least seven days before the hearing, inform or service.

 

Article 245th [in] the first hearing

The president or the president received a clerk to "suspend reconciliation and apply for trial application" and the case materials, it shall immediately appointed referee judge or decide to form a tribunal.

The judge or a tribunal composed after the first hearing, should be carried out immediately.

Because of objective reasons can not be instant on first hearing, can the postponement of the hearing.

Unless the parties have a big, special circumstances apply for postponement of the hearing of the time, the postponement of the hearing, a maximum of not more than seven days.

 

Article 246th [principle] time trial

A single judge or a tribunal shall be strictly in accordance with the notice of court to determine the time trial, shall not be arbitrarily changed. We really need to change, it shall timely notify the participants in the proceedings.

Due to the notice of the people's court not caused participants in the proceedings, accommodation, transportation costs due to losses, the people's court shall compensate.

Due to the reasons for the party, leading to alteration of sessional time caused by the other participants in the proceedings, accommodation, transportation costs due to losses caused by the court, change causes one party shall make compensation for the losses.

 

The 247th Judge Court [change]

A single judge or a tribunal deems it necessary to the court, it shall obtain the consent of both parties.

A single judge or judicial tribunal justified the need to change the time of the session, shall be in written form to the party to apologize, and specify the reasons fail to court and change time hearing etc..

 

Article 248th the parties change [hearing]

The parties or other participants in the proceedings shall appear to the court on time, shall not be late or absent.

The party has justified reasons really need to change the time of the session, shall be in written form to the judge or a tribunal hearing time for submission of changes.

Change time of the session, should judge or a tribunal and to the other parties or other participants in the proceedings to the apology, and specify the reasons and causes can not be on time to eliminate the time etc..

Whether the change time by a single judge court, or tribunal according to the specific circumstances of discretion.

 

Article 249th [] the postponement of the hearing

Any of the following circumstances, should the postponement of the hearing:

(a) must be present in court and the parties and other participants in the proceedings in court without proper reasons;

(two) for the parties to apply for withdrawal needs to wait for a ruling or needs to change the litigation participants;

(three) the other should be postponed.

 

Article 250th [delay to treatment]

To inform or by written notification, the plaintiff justification not to appear in court or court midway without, in accordance with the withdrawal process.

To inform or by written notification, the justification not to appear in court or the court may be absent from midway without reason, court or judge.

 

Article 251st the parties] [identity verification

Before the court, the court clerk shall ascertain whether the litigants and other litigant participants are present, confirm the identity, to draw the lawsuit participates in a person sitting position, and announced the court discipline.

 

Article 252nd [tell] judges determine

Before the court, the court clerk shall be the referee, referee judge's name to inform the parties, and inform the parties apply for the withdrawal right.

 

Article 253rd [] judges sitting

The judge when seated, announced by the clerk all rise, introduce the judges sitting.

The judge sat, announced that all people please sit.

The composition of the jury, the judge sitting, shall declare all stand up, your jury sit sit. Then announced that the other people sitting.

 

Article 254th [] announced the court

A single judge or judicial tribunal members seated, the court clerk shall appear in court to the sole judge or a tribunal case report of participants in the proceedings; and asked the judge or judge whether can the court.

A single judge or judge thought to court, shall declare the hearing.

 

255th first session [tell]

The first session, the court shall follow the sequence of the pre procedure:

(a) a single judge or judge shall announce the participation in the proceedings of the judge and the court clerk's name;

(two) show that the president or the president signed by the referee qualification;

(three) inform the parties litigation rights and obligations;

(four) asked whether the parties to apply for withdrawal;

(five) ask the parties on whether the jurisdiction objection;

(six) confirmed by both parties claim.

The parties to apply for withdrawal or put forward the objection to jurisdiction, in accordance with the relevant provisions of withdrawal or jurisdiction. The parties do not apply for withdrawal or not to put forward the objection to jurisdiction, announced the court entered the stage of the facts.

Need to court again, avoid examination range of personnel changes, should ask whether the parties apply for withdrawal to change personnel; no change, judge or judge can directly enter the corresponding program announced cases.

 

Article 256th [in order] plea

In court, the parties in accordance with the order of the plaintiff, the defendant and the third person, is disputed in the case facts, evidence, cross examination and debate; judge or a tribunal can also according to the specific situation adjust the statement, the burden of proof, cross examination and debate the order.

 

Article 257th [the plea rights]

A single judge or a tribunal shall fully guarantee the parties to the dispute the facts of a case statement, the burden of proof, cross examination and debate the rights.

A single judge or a tribunal is beyond the facts of the case for parties outside the case with no associated statement, evidence, cross examination and debate behavior should stop.

 

Article 258th [evidence] court interrogation

All the evidence provided by the parties and the court. The court, must pass through the quality certification.

Without evidence, cannot serve as the basis that the facts of the case.

Involving state secrets, commercial secrets or personal privacy shall be kept confidential or legal provisions of other evidence, not in public hearing testimony.

 

Article 259th [the necessary authority]

In order to ensure the smooth progress of the trial, judge or a tribunal shall have the right to command and control the order of the court proceedings. Have the right to inquire of the litigation participants. Have the authority to request the parties to make a full statement on its advocates of a fact or a point of view and description.

 

Article 260th [guide] plea

A single judge or a tribunal shall notify the parties and witnesses must make a true statement of the facts of the case.

A single judge or a tribunal shall notify the parties a statement of fact, provide evidence of possible adverse legal consequences.

A single judge or a tribunal shall inform the parties have the right to full debate controversial facts, laws, regulations, judicial interpretation of the specific application and reference of the case.

The statements of the parties, the evidence is not sufficient, not clear, judge or judicial tribunal may require the parties concerned to make supplements or more definite statement and explanation.

 

Article 261st in accordance with the terms of evidence [effect]

The people's court in accordance with the application for investigation and collection of evidence, as proposed by one of the parties evidence.

A single judge or a tribunal in accordance with the terms in person surveys to collect evidence, shall be presented in court, listening to the opinions of the parties concerned. And to the description of the situation of investigation and evidence collection.

 

Article 262nd [] debate

The people's court shall fully protect the rights of the debate.

The court debate can in fact investigation, also can be independent in fact after the end of the investigation.

The court debate can according to the plaintiff, the defendant and the third person in the order, also may debate with each other.

 

Article 263rd [evidence]

After hearing that, the parties have new evidence to provide or investigation, judge or a tribunal shall permit.

The parties need to identify, the litigation object evaluation, the people's court shall during the identification, evaluation of appropriate discretion.

Identification mechanism, evaluation mechanism selection and the matters entrusted by the applicant to handle, the people's court shall not participate in and intervention.

 

Article 264th [evidence] during the

The parties to provide evidence for a period of thirty-five days. Overdue is regarded as the delay of action.

If the parties apply for providing evidence and are more than thirty-five fails to provide, as the latest evidence of a party to delay action, starting the next day with the earliest evidence of a party to provide evidence of delayed action time.

One party to the other party to provide new evidence for the application to provide evidence to the contrary is thirty-five days. Overdue is regarded as the delay of action.

 

Article 265th [delay] lawsuit limitation

The party cannot provide evidence or objectively it is difficult to obtain evidence, resulting in delay of action for more than ninety-five days, the people's court may make a judgment.

 

Article 266th [] court again

After the first hearing, judge or judicial tribunal deems it necessary to court again, can again hearing or trial. But the party that it has been stated clearly, evidence has shown that end, view is, the sole judge or judicial tribunal deems it necessary to court again, at least two times the hearing, and shall be carried out in thirty-five days.

In both parties have shown that evidence, reason has been completed after the presentation, to the case before the judgment is made, the parties to provide new evidence for cross examination or again new ideas need statement, judge or a tribunal shall court again. But it should be used to hearing the end date, computational delays the action time.

 

The third sectionThe court record

 

    Article 267th [Records] court

The clerk shall be full court activities, truthfully recorded in the transcript.

Record audio or video can also take the form of alternative, but the audio or video recording should reflect the panorama of the whole process of trial activities and.

A single judge or judicial tribunal judge and the court clerk shall sign the record.

 

Article 268th [that] record

The court record shall be confirmed by the parties.

The court record can be read out in court, or by the parties and other participants in the proceedings in court or reading in seven days.

The parties and other participants in the proceedings that records without error, shall be signed or sealed by the record on; consider that there are omissions or errors in the record of their own statements, can the record or other page correction.

The parties refused to sign, seal in the record, the court clerk shall be recorded with volume.

 

Article 269th [change] record

The record shall not be arbitrarily removed, altered or added. If you need to add or delete, the parties shall in the add or delete mark and sign;

The remove method is to draw a horizontal line across the need to delete the words and symbols in the middle of the text, symbols need to delete.

Delete the record, shall keep the original text and symbols legible, original records shall not cause ambiguity.

 

Article 270th [explain] record

Records and statements of the parties not in dispute, the parties should be consistent with the basic litigation idea explanation.

 

Article 271st [Records] proof

The court activities compliance with the provisions of this law, shall be based on the record to prove.

 

The fourth sectionComment on

 

Article 272nd [] analysis of judgment

After the hearing, judge or a tribunal that the court's objectives have been achieved, should be in court or within fifteen days prior to trial of cases.

A single judge or a tribunal court cases partial facts are clear and can make independent judgments on the part of the facts, can be evaluated.

 

Article 273rd [of] the jury to draw

The composition of the jury, judge or a tribunal that the court's objectives have been achieved, it shall be submitted to the jury trial by jury; and the formation of the jury trial in court after the resolution, or separately analyzed cases.

 

Article 274th [of] the parties have submitted

The parties believe that the facts of the case are clear, evidence has shown that end, already, can be brought to the judge or a tribunal conducts case analysis; the composition of the jury, the parties may be submitted to the jury trial by jury, then draw a judge or tribunal make comments.

The parties may also have some facts in the case and the evidence, the jury or judge request analysis and identification.

 

Article 275th [statement] reason refused to comment

The analysis draws the parties within fifteen days, the jury shall not make a trial by jury, or a single judge, the tribunal shall not be evaluated in a fifteen day period, it shall explain the reasons in written form to the party. The description of the jury, judge or a tribunal has the objection, may apply for reconsideration once.

Jury trial by jury, the judge or a tribunal that does not have the analysis condition, in fifteen days shall be in written form and explain the reasons to the jury, and shall timely carry out the relevant activities, without undue delay.

 

Analysis of 276th [fact]

Nature and legal application of facts, evidence shall be identified on the admissibility of the case hearing, illustrates the comprehensive, objective.

After the analysis, the parties may comment on the content of published final opinion.

A single judge or a tribunal that finally the reasonable opinion, should adopt, and in fifteen days to make a comment; don't think right, shall not be accepted.

 

Article 277th [draft decision informed and effectiveness]

After the analysis, a single judge or a tribunal shall be or at the latest within fifteen days will make decision clearly inform the parties.

Draft decision and inform the parties, shall not be revoked or altered.

The contents of the judgment set and formal decision content must maintain consistent.

 

Article 278th [for] reconciliation

Draft decision and inform the parties, the judge should ask whether the parties can reach a settlement agreement according to the proposed decision.

The parties that can be in accordance with the decision or separately negotiate reconciliation agreement, the judge shall review and confirmation.

Where there is no reconciliation will or did not reach a reconciliation agreement, the judge should the court or to the formal decision in fifteen days.

 

During the 279th [application] decision

Draft decision and inform the parties, the parties may not follow the single judge or tribunal for decision reached a settlement agreement, but have a common intention to apply for settlement and sole judge or a tribunal to reconciliation, reconciliation procedures shall be restored.

 

Article 280th [of] the ruling

The decision analysis and told to order, should be specific content according to the order matters in court or in fifteen days.

To inform the parties after the ruling, judge or a tribunal shall ask the parties accept the draft decision.

 

Effect of 281st [to order]

Draft decision and inform the parties, shall not be revoked or altered.

Ruling out content content and formal adjudication must be consistent.

 

The fifth sectionReferee

 

Article 282nd [ref]

To make judgment on the substantive rights and obligations of the parties, shall be made in the form of judgment.

If the parties fail to reach a settlement agreement according to the judgment result cannot be reached a reconciliation agreement, either party may at any time apply for a single judge or judicial tribunal judgement.

A single judge or a tribunal after receiving the application, it shall timely inform the other party, and shall make a decision within fifteen days of formal. But as long as the judgment is pronounced, or before the service reached a settlement agreement, the people's court shall review and confirmation of the settlement agreement.

 

Article 283rd [] jurisdiction independence principle

The judge according to the provisions of this law the civil case, without any interference of organizations and individuals.

 

Article 284th [directly] the principle

The referee must be directly involved in the whole process of litigation judge or a tribunal to make, is not directly to participate in the whole process of litigation judge or any other person, the name or by a single judge judge tribunal, make or change a single judge or a tribunal has made the referee.

 

Article 285th the debate [principle]

Judge should be advocated by the parties after the court debate facts and evidence as the basis of decision. Without the court debate that fact and without evidence, not as the basis of decision. Unless otherwise stipulated in this law.

For the undisputed facts, judge or a tribunal can be directly used as the basis for decisions.

 

Article 286th [Law] the principle

The referee shall be based on laws and regulations as the basis, according to the Supreme People's Court promulgated judicial interpretation and guiding cases.

Laws and regulations, no provision or provisions are not clear, and departmental rules and regulations or local regulations have clear and detailed provisions, subject to the provisions in principle rules and laws do not conflict, can consult and reference rules.

 

Article 287th [limit] decision

No deals with facts and not requested for the parties, the people's court shall make a judgment.

Except as otherwise provided in this law case, without hearing or trial, the people's court shall not make any decision.

 

During the period of performance of 288th [obligations] decision

For any judgment, judgment shall be specific and clear obligations during the execution of judgment. During the execution of judgment duty for seven days. With the special circumstances, may be extended appropriately. But no longer than thirty-five days.

 

Article 289th [default judgment]

If a party does not to appear in court without justified reasons, the people's court may make a judgment by default according to a party statement.

Not to appear in court pleadings or other parties can reflect the litigation ideas written opinion, make a judgment by default, should consider its written opinions.

The parties to court but not debate or withdraw from, does not affect the referee.

 

Article 290th [default judgment against]

No default judgment in any of the following circumstances:

(a) no formal written notice to the parties not to appear in court;

(two) the parties do not appear in court to have their legitimate or special reason.

 

Article 291st [book] decision

Decision shall contain the following contents:

(a) the basic situation of the parties, the cause of action, litigation request;

(two) the disputed facts, evidence and reasons for;

(three) judgment facts, admissibility of evidence or reason;

(four) the legal basis and the referee;

(five) the burden of the cost of litigation;

(six) the appeal period name and the people's court to appeal.

Judgment by a single judge or a tribunal judge signed, sealed by the people's court.

 

Article 292nd [] judgment

If a judgment is pronounced in court, judge or a tribunal shall, within fifteen days from the date the judgment sentence, served to the parties concerned.

If a single judge or judicial tribunal, shall be heard the sentence, and the court to the party served the verdict.

Default judgment can be served instead of verdict sentence.

The people's court may also served in the way to replace the judgment sentence.

 

Article 293rd [form]

Sentence can only read the verdict.

A fixed date, the referee may be absent in the other judges case verdict.

 

Article 294th the judgment is pronounced [effect]

Regardless of whether the parties to the court, once the ruling declared that binding. Not by the statutory procedures, the people's court shall not revoke or change.

 

Corrigendum 295th [decision]

There is a slip of the pen written judgment, the people's court may according to application or authority to determine the form of the corrected or supplemented.

 

Article 296th [] supplementary judgment

The verdict omission litigation request or the cost of litigation, the people's court shall make a decision to add according to the application of the parties. But the party has filed an appeal except.

 

Article 297th [Effective] decision

The parties to the people's court, did not appeal or appeals later withdrawn during the appeal, since the appeal verdict during expiration.

After the entry into force of the decision, the people's court shall issue a verdict that the parties.

 

Article 298th [] of res Judicata

After the judgment comes into effect, the parties may not later in the proceedings and contradictory claims, the people's court shall in future cases make a contradiction with the decision.

On the same subject matter of litigation between the effective decision takes effect, the first effect judgments, other decision invalid.

 

Article 299th [the subject scope of res judicata]

Effective judgment on the following people take effect:

(a) the parties;

(two) the heir;

(three) the subject matter of action of possession, control or management;

(four) alternative to litigation in the replaced person;

(five) proceedings did not participate in the public interest litigation, shareholder representative litigation of interested parties;

(six) to any person in the world in the judgment of the.

 

Article 300th [produced after the proceedings or damage] after the court decision

The parties to litigation arising after damage, if not in the lawsuit claims or after the referee, can be sued.

 

Article 301st [ruling]

In the lawsuit, need to make decision on procedural matters shall be made to order, form.

To inform the parties to accept the ruling, ruling, shall be handled in accordance with the relevant provisions; the parties said can't accept the ruling, judge or a tribunal shall be made within fifteen days or at the latest in formal adjudications.

The people's court shall clearly state the reasons.

 

Article 302nd [ruling] Declaration and delivery

The court ruling shall be declared. But the parties agreed to replace the service except that.

 

Article 303rd [other]

Other decision or order made by a people's court judgments and orders and abroad, through legal service or announcement effect.

 

The fifth sectionSuspension and termination of proceedings

 

    Article 304th [Termination of litigation]

Any of the following circumstances, the people's court shall rule to suspend litigation:

(a) one party dies, need to wait for the heir to indicate whether to participate in the proceedings;

(two) one of the parties has lost the capacity to engage in litigation, legal representative is yet to be determined;

(three) a party for irresistible reasons, can not take part in the proceedings;

(four) the legal party or other organization is terminated, rights and obligations has not been determined heir;

(five) proceedings must be another case judgment as the basis, and the other case is not the referee;

(six) proceedings must be to identify, evaluation, audit and three party participation results as the basis, and the participation of the third party has not made the;

(seven) the treatment of personal injury case has not yet ended;

(eight) other legal proceedings shall be suspended.

 

Article 305th [action] effect of suspension

Suspension of litigation period, the people's court and the parties shall not engage in any proceedings relating to the case.

Suspension of litigation period, all stopped during calculation.

 

Article 306th [action] recovery

Eliminate the cause for suspension of action, should be immediate recovery procedure.

Since the resumption of litigation, all to start during the calculation.

 

Article 307th [] the end of litigation

Any of the following circumstances, the people's court shall render a ruling to terminate the proceedings:

(a) that the rights of the litigant of one party dies, no heir, or the heir expressly waives the right to litigate;

(two) shall bear the obligation of one party to death, no person to undertake the obligation, nor can be used to bear the civil liability of heritage;

(three) the parties in a divorce case dies;

(four) for the payment of alimony, maintenance, upbringing or terminate the adoptive relationship of one of the parties in a case of death;

(five) other end the lawsuit case.

 

Article 308th [Termination of litigation and the causes of termination review]

Shall order the suspension or termination of the case, judge or a tribunal shall timely hearing, and in fact finding after a timely ruling.

 

Article 309th [suspension and termination of relief]

The parties to the suspension or termination of a protest against a ruling, the people's court may make a ruling to the application for a review. Can also directly to the people's court at a higher level for reconsideration once.

The people's court received the application for reconsideration, it shall timely hearing, and timely maintenance or revocation of the ruling.

 

Article 310th [application] inheritance procedure

Procedure inheritance after the fact, quasi legal heir to participate in the proceedings, shall be submitted to the people's court inheritance procedure application, that participate in the litigation subject. Quasi legal heirs refused to participate in the proceedings, shall be expressly. A single judge or a tribunal shall inform the denial of legal consequences to participate in the proceedings.

 

Article 311st [notice] inheritance procedure

Quasi legal heir application to participate in or refused to participate in the proceedings, the people's court shall inform the other party.

 

Article 312nd [ruling] inheritance procedure

The people's court to apply for participation in the inheritance proceedings shall apply for review as necessary, and timely is allowed to participate in the proceedings of the court.

 

The eighteenth chapter Judgment of first instance

 

ArticleThree hundred and thirteenThe prohibition of repeated litigation []

For the same factual civil lawsuit, plaintiff, may not have the same litigation proceedings.

 

ArticleThree hundred and fourteenArticle[with] v.

The number of claims the plaintiff claims although not based on the same civil facts, but they do not violate the provisions of exclusive jurisdiction, the people's court may merge.

 

ArticleThree hundred and fifteenArticle[treatment] in special circumstances

For the payment of medical expenses, alimony, maintenance, upbringing and other cases, the referee takes legal effect, because of the emergence of new situation, new reason, for the payment of one of the parties is to increase costs to a lawsuit, the people's court shall promptly make a decision.

 

Article 316th [civil jurisdiction independence principle]

Because of the criminal offence causes damage to the victim's civil rights, the victim can separate to the civil damage lawsuit.

 

Article 317th[change] v.

After the hearing, the defendant the plaintiff without consent, shall not change the claim.

Any of the following circumstances, is not subject to the provisions of the preceding paragraph:

(a) a supplement or correction in fact or law on the statement;

(two) to expand or restrict the lawsuit request;

(three) the claim is based on the same facts.

(four) because the circumstance change needs to change the lawsuit request.

The defendant for the changing of action raises no objection to the debate, as agreed to change.

 

ArticleThree hundred and eighteen[] a counterclaim

The defendant may before the conclusion of arguments in court filed a counterclaim. But the counterclaim lawsuit request and the litigation request should be based on the fact that the same civil.

The relevant provisions of counterclaim for prosecution.

 

ArticleThree hundred and nineteenThe arbitration jurisdiction [change]

Proceedings the parties with a people's court, did not declare the arbitration agreement, the people's court, the other party is involved in reply, the people's court has jurisdiction.

The defendant in court before a people's court for the right to jurisdiction objection, the people's court shall promptly make a ruling on the validity of the arbitration agreement.

 

ArticleThree hundred and twenty[] shall withdraw the lawsuit

In the people's court before a judgment is pronounced, the plaintiff may withdraw the lawsuit.

The plaintiff withdraw the lawsuit, it shall inform the people's court, the people's court shall record.

 

ArticleThree hundred and twenty-one[transfer]

After the hearing, the people's court that the case does not belong to the jurisdiction or jurisdiction obstacles, and in accordance with the transfer conditions, it shall transfer the case to the consent of the consent of the plaintiff; different meaning to, can make the prosecution dismissed the ruling.

 

ArticleThree hundred and twenty-twoThe [court]

After hearing examination, belonging to one of the following circumstances, the people's court shall notify the plaintiff to withdraw the lawsuit. The plaintiff refused to withdraw the lawsuit, the people's court shall reject it:

(a) does not belong to the civil cases;

(two) the plaintiff or defendant no litigation right ability;

(three) the defendant and the damage there is no causal relationship between the facts;

(four) with other shall reject the prosecution case.

 

The nineteenth chapterAppellate judges 

  

ArticleThree hundred and twenty-three[] the appeal and retrial

The parties believe that the people's court judge has one of the following circumstances, may file an appeal or retrial:

(a) the basic facts of the referee that lack of evidence, the evidence is used improperly, or written evidence of the revocation, modification, invalid affect the decision result;

(two) the main evidence for ascertaining the facts of the original judgment without quality certificates;

(three) the original referee facts of evidence is a forgery, alteration or falsely state witnesses, appraisers, translation, the parties, the legal agent as a basis;

(four) for litigation evidence needed for objective reasons, the parties can not be collected, the people's court for writing by "investigation order" or apply for a single judge or a tribunal to investigate and collect, the people's court shall not issue the "investigation order" or the judge did not personally investigation and collection;

(five) according to legal instruments to make the original judgment is revoked or changed;

(six) on the same subject matter of litigation between the effective judgment or "book" of civil reconciliation;

(seven) did not have all the evidence points to both parties, provided the analysis and identification, evaluation and identification errors or;

(eight) according to the judge, that is not sufficient reason unclear or the presence of other logic errors;

(nine) between the evidence is conflicting with the referee reason;

(ten) belonging to the people's court shall judicial notice of the facts and not be cognitive or cognitive errors;

(eleven) the decision reason and judgment of the conflicting results;

(twelve) error in the application of the law;

(thirteen) shall participate in the proceedings the parties, because you cannot blame themselves or their agents ad litem reasons, did not participate in the proceedings;

(fourteen) no capacity or with limited capacity action without legal representative in litigation or entrust agents ad litem;

(fifteen) the original judgment omissions or beyond the litigation request;

(sixteen) other reason enough that the original judgment is erroneous.

The parties to the litigation cost the referee, can appeal.

 

Article 324th [common] leapfrog

Both parties negotiate an agreement, may file an appeal with the people's Court of three instance skip directly to the should be third trial.

 

Article 325th [the]

The basic people's court judgment in the application of the law does not specify, the provisions is not clear, the contradiction between the provisions or the significance of the civil cases, the parties may directly leapfrog to the higher people's Court of second instance appeal.

The intermediate people's court judgment in the application of the law does not specify, the provisions is not clear, the contradiction between the provisions or the significance of the civil cases, the parties may directly leapfrog appeal to the Supreme People's court. The Supreme People's court can also questioned.

Mention to the Supreme People's Court of appeal over the compliance with the provisions of the preceding paragraph, by the Supreme People's court decide over the thirty-five days of receiving the appeal after the parties. The Supreme People's court that the leapfrog is not established, it shall transfer the case to the judge to make the people's court at a higher level.

The parties in the legal appeal within the period as long as the Supreme People's court special appeal, even if the Supreme People's court considers that the special appeal is not established, as the parties have filed an appeal.

 

Article 326th [appeal]

The appellant to appeal against the decision, shall be filed within fifteen days after the service of the judgment.

The appellant to appeal the decision, the decision shall be filed within fifteen days after the service of the book.

The appellee to appeal against the decision, shall be filed within fifteen days after receiving the appeal.

The appellee to appeal against the ruling, shall be filed within seven days after receiving the appeal.

 

Submit 327th [appeal]

The appellant appeals, shall be submitted to the people's court.

The appeal shall state the grounds of appeal, the facts and legal basis, the original judgment errors such as the specific content.

 

Article 328th [appeal] withdraw

The appellant appellate judges made in the people's court may be withdrawn prior to appeal.

The appellant to withdraw the appeal, even if the appeal period under also may not appeal.

 

Transferred to the 329th [file]

The people's court shall within seven days after receiving the appeal petition, will be served by the appellant, and the expiration of the period of the respondent was fifteen days after, will the file and appeal to the people's court first trial.

 

Article 330th [range] appellate review

The people's court shall appeal to the party's appeal review matters.

The appellate court to the people's court to file and appeal, should be in accordance with the general procedure, to judge the case.

Article 331st [limit] v. alteration and counterclaim

The parties in the appeal proceedings, shall not change the claim, counterclaim shall not present.

 

Article 332nd [put forward new ideas and new evidence]

The parties may present new evidence and opinions on facts in the Appellate procedure.

 

Article 333rd [on appeal the referee]

The people's court for appeals, should be in accordance with the following circumstances judgment:

(a) in the original judgment, correctly applies the law, legal procedures, the court shall sustain the original judgment;

(two) in the original judgment, but the error in the application of the law, judgment shall be amended; (three) the original verdict that the facts are not clear, it shall rescind the original judgment, remand or

Direct determination of;

(four) the violation of legal procedure, resulting in the wrong, shall rescind the original judgment, the remand;

(five) the original judgment reasons not fully or other logic errors, should add reasons or correcting logical errors;

(six) the parties put forward new ideas or evidence, enough to affect the verdict, shall rescind the original judgment, the remand.

 

Article 334th the referee [appeal]

For the ruling party's appeal, the people's court for appeal that established, shall make a ruling to revoke or modify the original order. Unless really necessary, shall not be remanded by the people's court to make a ruling.

The parties to the retrial case decision, shall not file an appeal.

 

Article 335th effectiveness of judgment []

The people's Court of third instance to make judgment is the final judgment.

 

Article 336th [ruling] effect

The parties to the appeal court made by the people's Court of first instance for the ruling shall not file an appeal.

The parties to the appeal the ruling made by the people's court may appeal.

 

The twentieth chapterRetrial judgment

The first sectionIn accordance with the terms of reference and application for retrial retrial

 

     ArticleThree hundred and thirtySevenArticle[] inquisitorial retrial

President of the people's courts at all levels of the hospital found that a legally effective judgment errors exist, and it is necessary to retrial, the retrial shall be decided.
   The superior people's court at a lower level people's Court of a legally effective judgment errors exist, and it is necessary to retrial, should be in accordance with the law or order the lower court to rehear the case.

 

ArticleThree hundred and thirty-eight[] shall apply for a retrial

The parties believe that a legally effective judgment in fact or in the application of the law is wrong, can apply for retrial.

The application for retrial period, unless the ruling stops the execution of the judgment, shall not stop execution.

 

ArticleThree hundred and thirty-nine[] the illegality of retrial

To participate in the proceedings or other belongs to the judge should be avoided within the scope of the staff, in their participation in the proceedings of the case of corruption and bribery, play favouritism and commit irregularities, perverting the law violates the provisions of the act, the people's court shall review.

 

ArticleThree hundred and fortyArticle[violates the honest credit principle retrial]　

A legally effective civil reconciliation "book", there is evidence of fraud, coercion or a significant misunderstanding situations, or "civil reconciliation book" content in clear violation of law, the parties may apply for retrial review. The people's court to review the case, shall the retrial.

 

ArticleThree hundred and forty-one[specific] a retrial

Parties to the Supreme People's court to the final judgment made by the people's Court of non decision, may apply to the Supreme People's court for retrial. In this regard, the Supreme People's court shall not be re transferred.

 

Article 342nd shall apply for a retrial of the case []

Have the following conditions shall apply for a retrial of civil cases:

(a) in accordance with the procedure, the procedure of public summons or bankruptcy procedure to make the judgment;

(two) for the validity of the arbitration agreement, arbitral awards revocation or enforcement of arbitral award made by the referee;

(three) judgment, self reconciliation dissolution of marriage. Unless the parties on the division of property to apply for a retrial.

 

ArticleThree hundred and forty-three[] a retrial jurisdiction

If the parties apply for retrial of the case, should the people's court at a higher level to make the original judgment put forward.

If the parties apply for to the Supreme People's court verdicts of to apply for a retrial, the retrial by the Supreme People's court.

The people's court in accordance with the terms of reference for the effective judgment made by this court retrial cases ruled by the court for retrial.

The referee superior people's court according to the authority for the lower level people's court retrial case verdict, made by the people's court for retrial retrial ruling, the people's court or appoint a higher people's Court of retrial.

In the same case, the same court retrial only once, not repeated retrial.

 

ArticleThree hundred and forty-four[] a retrial period

The party applying retrial shall be legally effective, the referee made within five years after the.

According to legal instruments to make the original judgment is revoked or changed, or found in the referee judges or other belong to should be avoided within the scope of the staff, participate in litigation, take bribes, play favouritism and commit irregularities, perverting the law violates the provisions of the act, self aware or should be presented within five years from the date of that.

 

Article 345th "[]" the retrial petition

The parties shall submit application for retrial, the retrial petition to the people's court "".

"The retrial petition shall specify the retrial," the basic situation of the retrial retrial request and content.

 

ArticleThree hundred and forty-sixArticle"[the retrial petition" delivery and reply]

The people's court shall receive "retrial petition" within seven days from the date of the "retrial petition" copy to the other party.

The other party shall apply for retrial to submit written opinions within fifteen days from the date of receipt of a copy of the book "". Do not submit a written opinion, does not affect the review by the people's court.

 

ArticleThree hundred and forty-sevenA file transfer []

The people's court accepts the application for retrial received the "retrial petition", the people's court shall make a judgment to the immediate command file materials within fifteen days.

The people's court shall file the original referee material transferred to the people's court accepts the application for retrial in fifteen days.

 

ArticleThree hundred and forty-eightArticle[] the acceptance and rejection of retrial

After examination, the people's court that the application meets the retrial, retrial shall rule; it does not meet the retrial, the retrial shall rule to reject the.

Refuses to retrial ruling, the parties may apply to the people's court at a higher level for retrial.

 

ArticleThree hundred and forty-nineThe original judgment [stop]

The decision of the people's court retrial cases, shall make a ruling to suspend execution of the original judgment.

Ruled by the president signed, sealed by the people's court.

 

ArticleThree hundred and fiftyArticle[] retrial review period

The people's court shall receive "retrial petition" date, at the latest within sixty-five days from the end of the review, and make a retrial retrial decision or not.

Examination of the people's court shall conduct a retrial hearing. The hearing procedure according to general procedure.

The people's court may require the parties to supplement relevant materials, both parties about relevant issues.

 

ArticleThree hundred and fifty-oneArticle[] retrial judgment

According to the trial level is different and the retrial of the people's courts of different levels, the parties for the retrial the referee corresponding right of appeal or retrial application right.

Retrial judgment made by the Supreme People's court, the parties may not apply for an appeal or retrial.

 

The second section  Protest

 

ArticleThree hundred and fiftyTwoArticleProtest.

The Supreme People's Procuratorate of the people's courts at all levels have a legally effective judgment, the people's Procuratorate at a higher level to the lower level people's court legally effective judgement, found a retrial circumstances, should be allowed to lodge a protest or order the lower people's Procuratorate anti v..

Local people's procuratorates of the people's court at the same level of a legally effective judgment in fact or law wrong, people's Procuratorate for protest.

 

ArticleThree hundred and fiftyThreeArticleApply to the people's Procuratorate []

For the people's court shall not be case retrial verdict, party may apply to the people's Procuratorate and make the effective ruling People's courts at the same level for protest.

The people's Procuratorate after review, that should be a retrial, it shall report the case to the level people's Procuratorate lodge a protest. The people's procuratorates do not protest, shall make a "Book decided not to appeal".

The parties to the people's Procuratorate made no protest "decision" the objection, may apply to the people's Procuratorate at a higher level for reconsideration.

 

ArticleThree hundred and fiftyFourArticle[protest]

The people's Procuratorate decides to lodge a protest to the people's court shall make a judgment, "protest".

"Protest" shall specify the protest facts, reasons and legal basis.

 

 

ArticleThree hundred and fiftyFiveArticle[] to start the retrial time limit

Case protested by the people's Procuratorate, accepted by a people's court shall receive "protest" within thirty days from the date of making retrial ruling.

 

Article 356thProsecutors in court []

Case protested by the people's Procuratorate, the people's court, shall notify the people's Procuratorate to send its personnel to the court.

 

Article 357th [range] retrial review

The decision of the people's court shall examine the retrial, the retrial request or the people's Procuratorate.

 

Article 358th [prohibition of new ideas and new evidence]

The parties shall not put forward new ideas, evidence in the retrial procedure, but one of the following circumstances, the limit:

(a) by the people's court violates the legal procedure and cause the party concerned failed to put forward;

(two) the facts and evidence in the trial court only occurs after the end of the debate or discovered;

(three) belonging to the people's court shall judicial notice of the facts and not be cognitive or cognitive errors;

(four) belonging to the people's court shall investigate according to the authority and no evidence of investigation;

(five) the parties in the not claim or not present evidence not intent or gross negligence;

(six) if not allowed to present unfair.

The parties shall explain the reason.

 

Article 359th [appeal retrial judgment]

Effect of appeal retrial judgment with the people's court's authority to bring judge effect made by the party applying retrial retrial and the same.

 

Article 360th [Third] the ones litigate

Have a legal interest in third of the cases, for reasons not attributable to the own reasons did not participate in the litigation, causes the fact or evidence sufficient to affect the judgment results cannot, except can be applied to other procedures to obtain relief, but also to the parties for a common complaint, filed a revocation of the original sentence lawsuits.

Third people refer to revoke the original judgment procedure, retrial shall apply.

 

 

The fourth seriesSpecial civil jurisdiction

The twenty-first chapterFamily proceedings

The first sectionThe marital relationship

 

    ArticleThree hundred and sixty-one[] the subject of litigation

One of the spouses filed the invalid marriage, marriage or divorce proceedings, the defendant to each other; the death of the other, not named as defendants.

Third people bring annulment or confirm the marriage relationship is established procedure, to the couple as the defendant; the death of one spouse, to the survival of the party for the defendant; both husband and wife to death, not named as defendants.

 

ArticleThree hundred and sixty-twoThe special action [ability]

Young couples, marriage is invalid or that marriage is not established, there is action.

Marriage event, such as a party for persons with no capacity or with limited capacity, it should be by the guardian of litigation agent; such as the guardian is the spouse, the people's court shall, according to the application or authority for its selected agents ad litem.

 

ArticleThree hundred and sixty-threeWith a [the] v.

Nullity of marriage, marriage or make sure that the marriage relationship is established or the divorce proceedings, can be combined to bring.

The parties as mentioned in the preceding paragraph to other people's court proceedings shall be filed a lawsuit, the people's court shall order to appeal to the people's court in divorce cases with the referee.

 

ArticleThree hundred and sixty-fourA [child support, property division with the referee]

In the litigation marriage couples party proposed, the people's court shall make a judgment according to the application or authority to raise their children.

Where a party concerned requests for common property division, the people's court shall promptly make a decision.

For the request, the parties to the other people's court shall be filed by the prosecution, the people's court shall transfer the case to the acceptance of marriage lawsuit to the people's court with judge.

 

ArticleThree hundred and sixty-five[] a procuratorate to participate in the proceedings

The people's court marriage cases, if deemed necessary, may notify the people's Procuratorate prosecutor in; the party may also apply to the people's Procuratorate prosecutor in.

The people's Procuratorate to the facts of the case statement in the lawsuit, can also provide evidence for a limited period of time.

 

ArticleThree hundred and sixty-sixThe referee [authority]

The people's court marriage cases, can be considered if a party fails to make the fact; can also be empowered to investigate evidence.

 

ArticleThree hundred and sixty-sevenThe [court] and special reasons to attend

Unless you have special reasons, both husband and wife should attend the court.

The formal written notice, spouse or both due to special reasons not to attend the court, shall be in written form and explain the reasons and that litigation opinion judge or judicial tribunal judgement can be made according to the written opinions of the parties.

 

ArticleThree hundred and sixty-eightPut forward a new fact, [new evidence]

In addition to the division of property in the case part, marriage can always put forward new facts, new evidence.

 

ArticleThree hundred and sixty-nineThe prosecution limitation [again]

Decisions are not allowed to divorce, a reconciliation agreement divorce case, judgment, and solutions to support adoption cases, no new cases, new reasons, a party in the one hundred and eighty-five days before a lawsuit, a single judge or a tribunal shall notify the plaintiff to withdraw the lawsuit. The plaintiff refused to withdraw the lawsuit, the people's court shall reject it. But the defendants filed except.

 

ArticleThree hundred and seventyA declaration of nullity of marriage [effect]

The people's court to declare the marriage invalid judgment upon, that takes legal effect.

Refuses to accept the division of property and child custody issues of judgment, the parties concerned may appeal against the.

 

    The second sectionParent child relationship

 

    ArticleThree hundred and seventy-one[] the jurisdiction

Parent child relationship involved in litigation, the relationship between human shall file a lawsuit to the people's Court of the place where the children.

 

ArticleThree hundred and seventy-twoA succession of lawsuit right [people]

Disregard litigation parent-child relationship, that is violating the right of inheritance may initiate.

One of the spouses filed a denial of death children relationship after the suit, that is violating the right heir may inherit the lawsuit.

 

    The third sectionThe adoptive relationship

 

    ArticleThree hundred and seventy-three[] the jurisdiction

Declared invalid, cancellation of adoption or adoption of establishment of the adoptive relationship confirmation litigation or the termination of the adoptive relationship, the people's Court of the place where the children of exclusive jurisdiction.

 

 ArticleThree hundred and seventy-fourA minor child of litigation [ability]

The children if a person without capacity for civil rights or with limited capacity for civil rights, but so long as has the meaning expression ability, as has the capacity to action.

Between children and parents litigation, such as the children with no legal capacity shall be made by the students, parents to litigation; no parents, the people's court in one parent families are specified in a human agent or litigation agent for the selected.

 

The fourth sectionOther identity relationship

 

ArticleThree hundred and seventy-fiveA procedure for []

The other relates to family proceedings, the provisions of this chapter apply reference.

 

The twenty-second chapterThe right to vote the referee

 

ArticleThree hundred and seventy-sixThe [election]

Citizens for their voting rights or the right to be elected is infringed, may bring a lawsuit.

If the applicant is not satisfied with the election commission to appeal on the qualification decisions, can on election day three days, bring a lawsuit to the people's Court of its constituency.

 

ArticleThree hundred and seventy-sevenThe [court] attend compulsory

The prosecution, the representative of the election committee and concerned citizens shall attend the court session.

 

ArticleThree hundred and seventy-eightThe first instance of [final]

Cases of eligible voters a trial in.

 

ArticleThree hundred and seventy-nineThe referee [during]

Cases of eligible voters in the election day must make a ruling.

Judgment of the people's court, the applicant shall be served on the election committee and the election day, and notify the relevant citizen.

 

The twenty-third chapterPublic interest infringement judgment

 

    ArticleThree hundred and eightyThe public welfare lawsuit []

Any civil main body, for illegal acts against the civil rights of others, can be found in the victim's consent to the consent of victim's name, file a lawsuit to the people's court; but for the infringement of national, collective, public interests and other specific civil violations, do not need to obtain the consent of victim.

 

ArticleThree hundred and eighty-oneThe public welfare lawsuit limitation []

On the same infringement has filed public interest litigation, or in the victim's lawsuit has been brought, may not bring a lawsuit.

The public welfare lawsuit against the collective and public interests, the victim in written form to the people's court made it clear that he did not agree to a lawsuit on behalf of his lawsuit, the referee for it not to have the res judicata.

 

ArticleThree hundred and eighty-twoNotice the [stakeholders] and to participate in the proceedings

Public interest litigation cases, the people's court shall be the case and litigation request inform the victim and the interested parties, and inform the choice whether to participate in the proceedings.

For the One's whereabouts is a mystery. or inconvenient to confirm the range, the people's court shall inform in the form of announcement in the news media.

The victim and stakeholders agreed to participate in the proceedings, shall be agreed to participate in the litigation means in written form to the people's court.

Public interest litigation is large in number, the party shall be selected representative litigation.

The interested parties to the notice of the people's court does not make clear, as agreed to participate in the litigation and agreed to by the proceedings or litigation representative on behalf of action.

Stakeholders clearly indicated that he did not participate in the proceedings, the people's court shall confirm. But the interested party does not participate in the litigation reason is obviously unreasonable or is affected by stress, except fraud and other illegal factors.

Made it clear that he did not participate in the proceedings of the parties, not by the people's court at.

 

ArticleThree hundred and eighty-threeA representative and its authority []

Public interest litigation in numerous, elected by the people the litigation representative lawsuit.

The litigation representative authority, in addition to the provisions of the applicable legal representative, also must be approved by the people's court according to the provisions of this chapter, and notify the interested parties.

 

ArticleThree hundred and eighty-four[in] the outsider

Anyone on the public interest litigation can provide materials and opinions, the people's court shall not refuse.

 

ArticleThree hundred and eighty-five[] a procuratorate to participate in the proceedings

Involving public interest litigation cases, the people's procuratorates can participate in the proceedings. But for a major litigation involving national, collective, public interests and other specific subject, the people's Procuratorate shall participate in litigation.

The people's Procuratorate to participate in litigation, litigation rights and obligations of the parties with.

The people's Procuratorate to participate in litigation, the litigation representative withdrawal, abandon or alter the claim, to reach a settlement agreement, subject to the consent of the people's procuratorate.

 

The twenty-fourth chapterThe rights of shareholders

 

    ArticleThree hundred and eighty-six[] the shareholder representative litigation

The board of directors of the company, the board of supervisors shall, managers and other senior management personnel violate laws, regulations, the articles of association of the company and the company rules and regulations, or controlling shareholders use their controlling position to damage the company and other shareholders, other shareholders may bring a lawsuit to a people's court, request relevant personnel to correct or fulfill the provisions of laws, regulations, the articles of association of the company and the company regulatory obligations, or damage to bear corresponding civil liability.

 

ArticleThree hundred and eighty-sevenA shareholder lawsuit litigant []

Shareholder litigation, other shareholders with the same reason for participating in the proceedings, shall participate in the proceedings as CO plaintiffs.

Shareholder litigation, the people's court shall inform the company.

 

ArticleThree hundred and eighty-eightThe other shareholders to participate in the proceedings []

Notice to other shareholders or other shareholders to participate in the litigation for public interest litigation.

 

ArticleThree hundred and eighty-nineA [shareholder representative litigation judgment]

Shareholder lawsuits were dismissed due to the plaintiff does not have qualifications, does not affect the other shareholders shareholder litigation or litigation.

Shareholder litigation judgment becomes effective, all the shareholders of the company and the company's binding.

 

The twenty-fifth chapterThe right of subrogation referee

 

ArticleThree hundred and ninetyThe proceedings for right of subrogation [conditions]

The creditor brings a suit of subrogation, shall meet the following conditions:

(a) claim legitimate;

(two) claims has expired;

(three) the debtor is indolent in exercising its due creditor's right;

(four) not the exclusive claims the debtor creditor status.

 

ArticleThree hundred and ninety-oneThe creditor's right of subrogation litigation []

In a suit of subrogation, the debtor shall participate in the proceedings as the third people. A creditor is not the obligor for third people, the court shall notify the debtor.

Two or more than two creditors to the same secondary obligor as the defendant brings a suit of subrogation, the people's court may combine the referee.

 

ArticleThree hundred and ninety-twoThe proceedings for right of subrogation [judge]

The people's Court affirms the proceedings for right of subrogation is established, the secondary obligor shall perform the payment obligation. Destroy the debt corresponding relationship between the creditor and the debtor, the debtor and the secondary debtor.

The debtor to the creditor's right of the objection, the court review, that objection, the people's court shall rule to dismiss the suit brought by the obligee; that the opposition is not justified, the debtor shall reject the application.

 

ArticleThree hundred and ninety-threeSuspension of the proceedings for right of subrogation []

After the debtor creditor to a people's court, the people's court to again to the same secondary obligor brings a suit of subrogation, subrogation of litigation shall be suspended.

In the creditor and the debtor litigation legal effect after the judgment, the people's court shall restore the proceedings for right of subrogation.

 

ArticleThree hundred and ninety-fourThe claim of creditor's rights [beyond] the referee

In a suit of subrogation, the amount requested the creditor's right of subrogation litigation, the debtor shall be more than the amount of debt to the debtor or more than the secondary debtor for debt, the people's court shall not support beyond.

 

ArticleThree hundred and ninety-fiveA debtor creditor requests [remaining]

The debtor in a suit of subrogation, the secondary obligor to sue over creditor's subrogation of the amount requested claim part of the merger, the people's court shall inform the people's court shall have jurisdiction to the. But before the judgment on the suit of subrogation legal effect, the debtor shall be suspended on the secondary obligor, litigation.

 

The twenty-sixth chapterThe bill right

 

    ArticleThree hundred and ninety-six[] the scope

The exercise of payment request right to exist and recourse dispute to the bill, the parties may bring a lawsuit to the people's court.

 

ArticleThree hundred and ninety-sevenThe [prohibited] to file a counterclaim

The lawsuit, filed a counterclaim against.

 

ArticleThree hundred and ninety-eight[] a program transformation

Before the court, the people's court may be transferred to the ordinary procedure according to the plaintiff's application.

The defendant to the plaintiff filed a dissent action, can apply for to the common procedure to the people's court. The review by the people's court that the defendant to apply established, into the ordinary procedure.

The decision of the people's court to the common procedure, it shall timely notify the parties.

 

ArticleThree hundred and ninety-nineThe restriction of the use of a [evidence]

Action of negotiable instruments used to documentary evidence.

The controversy over the authenticity of the bill, the people's court may inquire of the parties.

 

ArticleFour hundred[] the burden of proof

On the authenticity of the bill have objection, objection party shall bear the burden of proof for its claim.

 

ArticleFour hundred and one[proceedings]

Bill litigation adjudication should be made within thirty-five days.

 

 

The fifth seriesCivil facts and right confirmation

The twenty-seventh chapterRegulations

 

    ArticleFour hundred and two[] the scope

The applicant may apply to the people's court for the compilation of civil rights listed in fact and confirmation, the people's court shall review the confirmation.

This part is not specified, but the civil rights of fact and law provides otherwise for confirmation, the relevant provisions of this chapter apply reference.

 

ArticleFour hundred and threeA single judge and a [trial]

For civil facts and right confirmed cases shall be the sole judge trial and a final.

 

ArticleFour hundred and fourA [authority]

The people's court for the applicant about the facts and right confirmation, the people's court shall, when necessary, according to the authority to ascertain the facts.

 

ArticleFour hundred and fiveThe procuratorial organs involved in litigation and notice [stakeholders]

The referee facts and confirm the right of civil cases, the people's court shall notify the relevant interested parties to court.

The interested parties have the right to participate in the proceedings and statement.

Prosecutors believe when necessary, can participate in litigation and statement.

 

ArticleFour hundred and sixA public hearing [not]

The people's court civil facts and right confirmed cases should be not public hearing. But the two parties jointly apply for public hearing except.

 

ArticleFour hundred and sevenThe judicial relief []

Civil rights case facts and confirmed in the judgment is made, if the new situation, the original civil facts or civil rights change, the people's court may apply for revocation of the original judgment by the parties concerned.

 

ArticleFour hundred and eightThe dispute shall apply the ordinary procedure []

The applicant and interested parties in civil facts and right confirmed the existence of civil dispute cases, the people's court shall terminate the validation procedures, and in accordance with the parties or authority to the common procedure.

 

ArticleFour hundred and nineThe referee [during]

During the civil rights confirmed facts and Adjudication of the case, have special provisions, from its special provisions, no special provisions, should be later than thirty-five days to the referee.

 

ArticleFour hundred and tenThe litigation fee exemption []

Except as otherwise provided for by law, an applicant referee civil facts and right confirmation cases do not pay the fee.

 

The twenty-eighth chapterThat citizen behavior ability

 

    400thElevenThe application and jurisdiction []

For a declaration of the natural person without civil capacity or with limited capacity for civil conduct, made by his near relatives or any other interested person to be declared a basic people's court the domicile of the person.

For natural persons without civil capacity or with limited capacity for civil conduct, it shall submit an application to the people's court. The application shall specify the citizens without civil capacity or with limited capacity for civil conduct according to the facts and.

 

Article 412nd [identification]

The people's court after accepting the application shall, when necessary, to judicial identification is to declare the natural person without civil capacity or with limited capacity for civil conduct capacity for civil acts.

The applicant has provided an evaluation conclusion, shall examine the identification conclusion.

 

Article 413rd [agent]

The people's court accepts the declaration without civil capacity or with limited capacity for civil conduct shall be made by the case, close relatives of a person being declared as an agent ad litem. Other than the applicant.

Close relatives mutually making excuses, the people's court shall appoint one of them as an agent ad litem.

After the people's court hearing examination, considers the application of established facts, ruling that the citizens of legal incapacity or restricted capacity for civil conduct; the application for ascertainment of facts is not established, it shall dismiss the applicant's application.

 

Article 414th [designated Guardian]

The people's court declared without civil capacity or with limited capacity for civil conduct ruling, shall also be without civil capacity or with limited capacity designated guardian.

 

Article 415th [ref] revoke the declaration

Eliminate the cause without civil capacity or with limited capacity for civil conduct of a person being declared, I, the guardian or the interested person may make a declaration to the people's court for cancellation of declaration order.

After the people's court review, revoke the declaration ruled that the grounds for the establishment, shall promptly make a ruling revoked; if it is groundless, shall promptly make a ruling for rejection of the application.

 

The twenty-ninth chapter Declaration of death of a citizen

     ArticleFour hundred and sixteenThe [for] and jurisdiction
    Citizens One's whereabouts is a mystery. full four years, as a result of an accident One's whereabouts is a mystery. full two years or by accident One's whereabouts is a mystery., by the public security organ or other relevant organs of the citizens may not survive, interested parties for declaring the death, put forward to the grassroots people's court at the domicile of the person One's whereabouts is a mystery.
    The application shall clearly state the basic facts, time One's whereabouts is a mystery. and request, and the public security organ or other relevant organs of the civil One's whereabouts is a mystery. written proof.

Article 417th [notice]

The people's court shall issue the declaration of a death case, find bulletin.

Announcement announcement citizen dies for one year. As a result of an accident One's whereabouts is a mystery., proved the public security organs or relevant institutions, declared dead shall be ninety-five days.

The announcement period the people's court shall clean up the One's whereabouts is a mystery. people's property, and during its specified action property administrator.

 

Article 418th [sentence]

Expiration notice during the declaration of death, the people's court shall according to the facts to make the declaration of death or reject the application.

 

Article 419th [reproduced] declared dead

Has been declared dead citizens reappears, the people's court shall, in accordance with our stakeholders application or authority revocation of the original sentence.

 

The thirtieth chapterDetermination of property without the Lord

 

    Article 420th [application] and jurisdiction

Application of a property as ownerless, the jurisdiction of the seat of the grassroots people's court by the property.

The application shall specify the property types, quantity, for determining the property as ownerless and found the man of property.

 

Article 421st [notice] claim

The people's court after examination, that the property without the main application is true, shall promptly send a property claim notice.

Notice for a full year of unclaimed, according to the provisions of civil legal judgment without the ownership of the property.

 

Article 422nd [claim]

A property as ownerless, the period of the public notice someone claims the property, the people's court shall make a ruling to terminate the special procedure, inform the applicant in accordance with the ordinary procedure be sued.

 

Article 423rd [the owner of the property or the heir to appear]

Judgment that no property owners, the original property owner or his successor appears, and the property request, the people's court shall, after examination and verification, cancel the original ruling, and the ownership of the property to make a decision.

 

The thirty-first chapter Designated Guardian

 

    Article 424th [application] and jurisdiction

No civil capacity or a person with limited capacity for civil conduct no guardian or in case of a dispute over guardianship, the interested parties or I can without person of civil action competence, person with limited capacity for civil conduct of the place of domicile of the grassroots people's court for the designated guardian.

 

Article 425th [designated Guardian]

The guardian has defined the civil law shall suspend the guardianship, the loss of custody or guardianship shall terminate the situation, the interested parties or I can without civil capacity or a person with limited capacity for civil conduct the domicile of the grassroots people's court to apply for re designated guardian.

 

The thirty-second chapterThe specified property administrator

 

    Article 426th [over]

The specified property management or other need to specify the property management case for the missing person designated property management cases and no inheritance, by the local people's court property.

 

Determination of 427th [application and missing persons]

Interested parties apply for the recognition of natural person missing, it shall submit an application.

The application shall contain the missing basic facts, time and identify missing and purpose, a public security organ or other relevant organs of the natural person written proof of unknown whereabouts.

After the people's court hearing examination, that the applicant is the missing facts established, shall promptly make a declaration by the applicant missing the referee.

 

Article 428th [management] people selected

The people's court declared missing judge, if not for the missing person designated property managers, should at the same time for the missing person designated property management.

Property management determined in accordance with the following order: spouse, parents, adult children, and a missing person living with grandparents or other relatives.

Property management can not be determined in accordance with the provisions of the preceding paragraph, the people's court according to the request of an interested party, can be selected as manager of property or a missing person's property shall be necessary disposition.

 

Article 429th [people] became the property management

Property management is incompetent management, improper management or the existence of risk management of property, the people's court according to the other request of an interested party, otherwise specified property administrator.

 

Article 430th [statement] interested parties

The interested parties have the right to select property management or change of the statement, the people's court or change the selected property management, shall solicit the opinions of other interested parties.

 

Article 431st [people] has been declared missing reappears

Person who has been declared missing reappears, the people's court shall, according to the application of the parties or authority to revoke the declaration of a person as missing the referee.

Revocation of declared missing the referee shall order the property management people I return the property management property and submit report.

 

The thirty-third chapterThe order of payment

 

    Article 432nd [application] and jurisdiction

The creditor requires the debtor pays the money, securities, with the following conditions, may apply to the people's court for a payment order:

(a) for the payment of money or securities has expired and the amount determined or clear formula;

(two) no other debt disputes the creditor and the debtor;

(three) the order of payment does not need the service abroad or executed and delivered to the debtor.

Application shall set forth for the payment of the amount of money or negotiable securities and the facts, evidence.

 

Article 433rd [application] correction

The written request the people's court to receive the creditors, the application does not meet the requirements, it shall notify the creditors correction. After review, the application does not meet the application conditions and can not be corrected, the people's court shall, on the date of receipt of the application, the court rejected the application within fifteen days.

The applicant is dissatisfied with the ruling of the rejection of the application, may apply for reconsideration once.

 

Article 434th [Payment]

The people's court that the application meets the requirements, shall, within fifteen days from the date of receiving the application, issue an order of payment to the applicant.

The order of payment shall record the following items:

(a) the creditor for the payment of the amount of money or negotiable securities and the facts, evidence;

(two) the debtor shall be paid from the date of liquidation of the debt within fifteen days from receipt, or submit a written objection to the people's court.

Objection nor complied with the order of payment does not make the debtor during the provisions of the preceding paragraph, the creditor may apply to the people's court for compulsory execution.

 

Article 435th [] the debtor objection

The relationship of debts had no objection, but put forward different views on the solvency, liquidity, liquidity during the way, does not affect the validity of the order of payment.

The debtor in the statutory period of the order of payment raises a written objection, the order of payment lose effectiveness in dissent within the scope of.

The creditor relations with a debt based on the request of payment to the debtor, the number, the debtor have only one or a few requirements objection, shall not affect the validity of other requirements.

The creditor relations with a debt based on, it can be divided into debt to the debtor to pay the required number is proposed, a plurality of debtor or objection, shall not affect the validity of other requirements.

 

Article 436th [not] because of failure to

The order of payment issued after ninety-five days of the delivery of the debtor can't pay, to lose effectiveness.

 

Article 437th [payment order in force]

The debtor does not present a written objection within the statutory period effectively, effect payment order is equal and effective judgment.

The entry into force of the order of payment with the retrial, may apply for retrial.

 

The thirty-fourth chapterThe public summons

 

    Article 438th [application] and jurisdiction

In accordance with the provisions of transferable bill is stolen, lost or destroyed, the holder of bills can pay to the grassroots people's court to the application for public summons.

Other matters in accordance with the law can apply for an exigency known to the public, the provisions of this chapter shall apply.

 

Article 439th [application]

The applicant applies for an exigency known to the public shall be submitted to the people's court.

The application shall specify the amount, the drawer, the main content and application ticket, the endorser bill such as reason, facts, and specify the bill is stolen, lost or destroyed or application right reason, facts.

The applicant shall provide sufficient to identify the bill bill copies or records evidence.

 

Article 440th [publication]

The people's court shall timely review, and to make the decision whether or not to approve the exigency known to the public.

Grant of the public notice, shall promptly make a ruling, notify the payer to suspend the payment, and the announcement in seven days, the interested parties to declare their rights.

The period of the public notice, decided by a people's court according to the situation, but may not be less than sixty-five days.

 

Article 441st [notice] method and content

The announcement shall express to the people's court publicity column, and can be published in the newspapers or other media; the people's court where a stock exchange, should also express to the exchange's publicity column or a prominent position.

The people's court shall decide whether to publish an announcement media according to the nature of bills.

The announcement shall record the following items:

(a) the name or the name of the applicant;

(two) the type, the face amount, the drawer, the holder, the endorser:

(three) during the declaration of rights;

(four) during the period of the public notice fails to declare that the consequences of loss of rights;

 

Article 442nd [] rights declaration

An interested party shall report to the people's court during the period of the public notice.

Interested parties to declare their rights, the people's court shall notify the presentation of bills, and notify the applicant within the specified time bill at.

The applicant applying for the public summons bill and stakeholders bill inconsistent, the people's court shall rule to reject the interested parties of the declaration.

The people's court that note and public stakeholders to urge the bill consistent, it shall make a ruling to terminate the procedure of public summons, and notify the applicant and the payment.

 

Article 443rd [End] public peremptory relief to order

The applicant or the claimant to conclude the procedure of public summons for ruling objection, may bring a lawsuit to a people's court.

 

Article 444th [application] withdraw

The applicant applies for the withdrawal of the application of the public notice, the people's court may directly order to conclude the procedure of public summons.

 

 Article 445th [lift] stop payment

Because the applicant has withdrawn the public summons for the leading end of the procedure of public summons, the people's court shall, according to the authority ruled that lifting the stop payment.

 

Article 446th [ex referee]

During the declaration of rights no claim, or the declaration is rejected, the applicant shall declare their rights during the period from thirty-five days, put forward to apply to the people's court verdict, invalidating the instrument. If no exit decision application, to conclude the procedure of public summons.

The judgment shall be announced, and notify the payer.

Since the date of publication of the judgment, the applicant shall have the right to demand payment of payment.

 

Article 447th [withdrawing the referee] v.

For invalidating judgment shall not file an appeal. But the interested persons in the following circumstances can mention withdrawing the judgment of an application to the people's court invalidating judgment:

(a) during the justification for not in the public notice to the people's court for declaration of rights;

(two) the items shall not be applicable to the procedure of public summons;

(three) did not comply with the public notice period;

(four) did not notice or not in accordance with the provisions of this Law announcement method;

(five) to declare their rights to be unreasonably rejected;

(six) has defined the retrial retrial.

The interested parties shall know within thirty-five days apply for revocation of the reasons mentioned date. With the preceding paragraph (a) or article (five) cases, shall know or should know the decision notice within thirty-five days from the date of filing.

 

 

The Sixth SeriesIn the Special Administrative Region Civil Matters

 

    Article 448th [range]

By relating to the Hongkong Special Administrative Region, Macao Special Administrative Region and Taiwan region of the civil litigation procedure in the mainland of the people's Republic of China, in addition to the provisions of this law, the Supreme People's court by the mainland and the Hongkong Special Administrative Region, Macao Special Administrative Region and Taiwan region of the court of final appeal to negotiate provisions.

 

The general rule is 449th [of interregional judicial assistance]

The mainland people's court and the Hongkong Special Administrative Region, Macao Special Administrative Region and Taiwan area court may request each other to the service of judicial documents, obtain evidence, provide legal information or other litigation actions, may request each other to recognition and enforcement of court and the need to recognize the legal documents and execution.

Providing of judicial assistance shall be carried out according to the requested method provides local legal procedures. Request the court is requested by a court, requested that does not violate the law of the area, can be carried out in accordance with its special way.

Public policy to provide judicial assistance shall be public policy and the mainland, is detrimental to the people's Republic of China in the Hongkong Special Administrative Region, Macao Special Administrative Region and Taiwan region.

 

450th approaches of interregional judicial assistance []

Providing of judicial assistance shall be by the mainland each higher people's court and the Hongkong Special Administrative Region, Macao Special Administrative Region and Taiwan region of the court of final appeal.

The Supreme People's court and the Hongkong Special Administrative Region, Macao Special Administrative Region and Taiwan region of the court of final appeal may also directly provide mutual judicial assistance.

The party may also directly to the person subjected to execution has his domicile or the place where the property is located by the execution of court for judicial assistance.

 

 

The seventh seriesInternational Civil Jurisdiction

The thirty-fifth chapterInternational Civil Jurisdiction

 

Article 451st [range]

Any of the following circumstances, for civil cases involving foreign element:

(a) one party or both parties are foreigners, stateless persons, foreign enterprises or foreign organization;

(two) the establishment of legal facts, the civil legal relationship between parties change or termination occurred in foreign countries;

(three) the object of litigation in foreign countries.

 

Article 452nd [Law]

Civil litigation involving foreign elements within the people's Republic of China, the provisions of this part shall be applicable. No provisions of this code shall apply the provisions of this law, other provisions of. Except as otherwise provided in laws and international treaties, but the people's Republic of China has concluded or acceded to by the people's Republic of China and the.

 

Article 453rd [the same] with the principle of reciprocity

Foreigners, stateless persons, foreign legal persons and other organizations of the people's Republic of China civil proceedings in the court, have the same litigation rights and obligations as the people's Republic of China citizens, legal persons and other organizations.

The foreign court of the people's Republic of China citizens, legal persons and other organizations of civil rights, the people's Republic of China on the country's civil court, legal persons and other organizations of civil rights shall follow the principle of reciprocity.

 

Article 454th [help] counsel

Foreigners, stateless persons, foreign legal persons and other organizations of the people's Republic of China civil proceedings in the court, may engage in civil litigation lawyer agency of the people's Republic of China the right to participate in the proceedings.

Foreign embassies, consulates authorized the museum officials, as the nationals are not in the territory of the people's Republic of circumstances, can the diplomatic representative identity as its nationals employed in the people's Republic of China the right to participate in the litigation lawyer civil litigation.

 

Article 455th [Civil Judicial Immunity]

In accordance with the international treaties of the people's Republic of China and the relevant laws of the people's Republic of China has concluded or acceded to, to enjoy diplomatic privileges and immunities, foreigners, foreign organizations, international organizations or foreign national property to civil judicial immunity.

 

Article 456th [language]

Civil litigation involving foreign elements of the people's Republic of China shall use the general court, the people's Republic of China, the text language. If the parties apply for providing translation, it shall provide, the expenses shall be borne by. Unless otherwise stipulated in international treaties, but the people's Republic of China has concluded or acceded to.

 

 Article 457th [required] jurisdiction

This method has no regulations of people's Republic of China shall have jurisdiction over the case, but the civil litigation cannot be in abroad, in connection with the case of the people's Republic of China, the court has jurisdiction.

 

The concurrence of 458th [] jurisdiction

The people's Republic of China courts and foreign courts have jurisdiction over a case, a party to the foreign court proceedings, and the other party applies to the people's Republic of China court proceedings, the people's Republic of China shall be subject to the court case.

For the provisions of the preceding paragraph, the foreign court or the request of the parties, the people's Republic of China court for recognition and enforcement of foreign court on the case of the referee, shall not be permitted to. Unless otherwise stipulated in international treaties concluded or acceded to by the parties.

 

 Article 459th [refuse] jurisdiction

The parties filed a lawsuit in the people's Republic of China court, the court believes that there is the exercise of jurisdiction, and that the foreign court to exercise jurisdiction over more convenient, can order the termination of litigation.

The people's court that litigation may be contrary to the public interest of the people's Republic of China, shall order the termination of litigation.

The people's Court of the people's Republic of China shall be suspended after the people's court proceedings, the parties can prove or of the people's Republic of China to determine the foreign court on the lawsuit unreasonable delay the referee, or circumstances change to suspend litigation becomes unreasonable, it shall resume the procedure.

Suspend a suit in a people's Court of the people's Republic of China, the foreign court judgment, to be the people's Court of the people's Republic of China or execution, the people's Court of the people's Republic of China shall be the end of the proceedings.

 

Article 460th [service]

The people's Court of the people's Republic of China on the litigation documents has no domicile in the people's Republic of China within the party, can adopt the following methods:

(a) served by a service in accordance with the provisions of the country and the people's Republic of China or any international treaty to which both in the way;

(two) through diplomatic channels;

(three) to have the nationality of the people's Republic addressee, may entrust the people's Republic of China in the home country of the addressee of the embassy or consulate for delivery;

(four) to the recipient of the service authorized service agent service;

(five) to the recipient of the service set up in the territory of the people's Republic of representative offices or branches, is entitled to receive service business representative (person) service;

(six) mail from the mail, one hundred and eighty-five days as of the date of receipt of service, even did not 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;

(seven) announcement, since the date of the announcement over one hundred and eighty-five days, the document shall be deemed to.

The parties may agree to the recipient of the service, service mode and service locations.

The people's Court of the people's Republic of China can be able to confirm the receipt of other appropriate means all delivery.

 

Article 461st [property preservation after bringing a law suit or applying for arbitration during]

The people's Court of the people's Republic of China issued the "property preservation before litigation order", the applicant shall file a suit or applying for arbitration within thirty-five days. If not for bringing a suit or applying for arbitration, the people's Court of the people's Republic of China shall be released "property preservation order".

 

During the 462nd [] reconciliation

The defendants, appellees within the people's Republic of China has no domicile, reconciliation during a period of thirty-five days.

The defendant and the appellee requests an extension of the time limit, it shall be decided by the people's court.

 

Article 463rd [appeal]

The parties within the people's Republic of China has no domicile, the appeal for a period of thirty-five days.

If the parties apply for extension, it shall be decided by the people's court.

 

The thirty-sixth chapterJudicial assistance

 

    Article 464th [rule]

According to the international treaties concluded or acceded to by the people's Republic of China, or in accordance with the principle of reciprocity, the people's Court of the people's Republic of China and foreign courts may request each other, give the judicial assistance.

The judicial assistance requested by a foreign court, in violation of the laws of the PRC or damage the public interests of the people's Republic of China, the people's Court of the people's Republic of China shall not assist executive.

The people's Court of the people's Republic of China to provide judicial assistance program, in accordance with the law of the people's Republic of china. Requested by a foreign court, can also be carried out in accordance with the special way of the request, but requests the special methods are not in violation of the laws of the prc.

A written request for judicial assistance of the people's Republic of China by foreign courts and the accompanying documents, should other text with Chinese translations or the international treaties.

A written request for judicial assistance a foreign court to a people's Court of the people's Republic of China and the accompanying documents, shall be accompanied by other language specified in translation in the language of that country or international treaties.

 

Article 465th general judicial assistance []

The people's Republic of China People's court and foreign court request each other in the service of legal documents, investigation and evidence collection, to provide legal information or other proceedings, shall be in accordance with the provisions of international treaties which the people's Republic of China has concluded or acceded to the treaty; no relationship, through diplomatic channels.

A foreign embassy of the people's Republic of China embassy or consulate to the citizens of the country the service of documents and investigation and collection of evidence, but shall not violate the law of the Peoples Republic of China, and shall not take mandatory measures.

The foreign party and agent ad litem, investigation and evidence collection within the people's Republic of China, they shall not violate the laws of people's Republic of China, and shall not take mandatory measures.

Except the provisions of the preceding paragraph, without the consent of the competent authorities of the people's Republic of China, any foreign organization or individual may within the people's Republic of China, investigation and evidence collection service documents.

 

Article 466th [to the recognition and enforcement of foreign legal documents]

The people's Court of the people's Republic of China to the recognition and enforcement of foreign legal documents including:

(a) made by a foreign court judgment, ruling, the order of payment guarantee civil litigation and litigation cost decision;

(two) made by a foreign court has the property ownership transfer the contents of the criminal judgement and ruling;

(three) make a foreign arbitration institutions arbitration judgment, issued by a notary public notary documents;

(four) of the people's Republic of China, the international treaties concluded or participated in by the people's Republic of China Law for recognition and enforcement of other legal documents.

 

Article 467th [application for recognition and enforcement of foreign legal documents]

And the implementation of the people's court by a foreign court judgments need of the people's Republic of China admits, may apply for direct recognition and enforcement to the intermediate people's court by the parties the person subjected to execution has his domicile or the place where the property is located by the implementation of the people's Republic of China, the foreign court may also, in accordance with the provisions of the conclusion and the people's Republic of China in the international treaty, or in accordance with the principle of reciprocity, request the people's Court of the people's Republic of China on the recognition and enforcement.

Notary documents issued by a foreign arbitration institution to make judgments and notarization institution, and the implementation of the people's Court of the people's Republic of China to admit, he shall directly apply to the intermediate people's court execution domicile or the place where the property is located by the implementation of the people's Republic of application, the people's Court of the people's Republic of China shall be in accordance with the international treaties concluded or acceded to by the people's Republic of China, or in accordance with the principle of reciprocity.

 

Article 468th [file]

Request for recognition and enforcement of foreign legal documents, the following documents shall be submitted:

(a) application form;

(two) a certificate issued by the complete implementation documents and copy of foreign court official documents which have come into force;

(three) execute writs had been sent back to card originally or other documents;

(four) if the default judgment, shall provide proof of the original documents have a formal written notice from party to appear in court or a certified copy;

The above documents of the people's Republic of China shall be subject to a professional translation agency translation versions or certified documents, together with the translation agencies are willing to bear the legal consequences caused by errors in translation or prove false statements.

International treaties of the people's Republic of China and the foreign jointly concluded or acceded to by the people's Republic of China and the legal requirements of the other necessary documents.

 

Article 469th [the recognition and enforcement of foreign legal documents]

The people's Court of the people's Republic of China in recognition of foreign legal documents, shall make a ruling; perform, shall be executed in accordance with the people's Republic of China civil law enforcement program.

Foreign legal document contains integral elements, wherein one or more elements can be recognized or executed.

Foreign legal documents made non compensatory damages, including exemplary or punitive damages, can only be recognized and enforced in the people's Republic of China may make similar or comparable compensation range.

 

Article 470th [refuse to recognize and enforce]

The foreign court judge, one of the following circumstances, the people's Court of the people's Republic of China shall refuse to recognize and enforce:

(a) in violation of the people's Republic of China law basic principle or national sovereignty, security, social and public interests;

(two) has not yet been determined;

(three) according to the provisions of international treaties which the foreign and the people's Republic of China to join or concluded or the law on the exclusive jurisdiction of the foreign court has no jurisdiction;

(four) a losing party is absent and without a formal written notice, or in its litigation incompetent, not make appropriate litigation case;

(five) to make the judgment procedure, does not conform to the basic principle and procedure of the people's Republic of china;

(six) is obtained by the procedure of fraud;

(seven) for the same case, in the people's Republic of China has made sure the referee, or the people's Republic of China has the recognition and enforcement of the judgment of the case of the three kingdoms;

(eight) with which the people's Republic of China, participate in international treaty or of the people's Republic of China law to recognize and enforce other situations.

Make a foreign arbitration institution referee, one of the following circumstances, the people's Court of the people's Republic of China shall refuse to recognize and enforce:

(a) in violation of the people's Republic of China law basic principle or national sovereignty, security, social and public interests;

(two) according to the law, the relevant provisions of the international treaties concluded or acceded to by the people's Republic of China and the people's Republic of China, civil and commercial disputes cannot be settled by arbitration;

(three) in addition to the international treaties concluded or acceded to by the people's Republic of China and the people's Republic of China law make different provisions, the parties fail to reach an arbitration agreement;

(four) where the matter does not belong to the scope of the arbitration agreement or not the arbitration mechanism;

(five) program and the arbitration rules of the arbitration tribunal or the arbitration is inconsistent;

(six) the parties are not to appoint the arbitrator or arbitration proceedings;

(seven) due to other reasons not attributable to the party for failing to statement of;

(eight) with the provisions of the law of the people's Republic of China in international treaties concluded or acceded to by the people's Republic of China and the refusal to acknowledge and execute other situations.

Other legal documents to refuse recognition and enforcement in accordance with the provisions of paragraph two dealing.

 

Article 471st [Chinese legal instruments in the recognition and enforcement of foreign]

The effective judgment of the people's Republic of China to make, the person to be enforced or executed property is not within the people's Republic of China, the foreign party may directly to the court having jurisdiction for recognition and enforcement. The provisions of the people's Court of the people's Republic of China in accordance with the international treaties or the people's Republic of China and the foreign joint has concluded or acceded to, or in accordance with the principle of mutual recognition and enforcement of foreign court, request.

Effective notarized documents issued to an arbitration institution of the people's Republic of China and the notarial institution of adjudication, the person to be enforced or executed property is not within the people's Republic of China, shall apply directly to the foreign court having jurisdiction for recognition and enforcement.

 

 

Eighth series of legal responsibility

The thirty-seventh chapterRegulations

 

    ArticleFour hundred and seventy-twoThe [general]

Participants in the proceedings or the relevant personnel in the civil action has the acts violating the provisions of this law, it shall bear the corresponding legal responsibility.

The judge violates the provisions of this law, "according to the relevant provisions of the law of the people's Republic of China", bear the corresponding legal responsibility.

Assessor, clerk judicial police, judicial officials are the acts in violation of this law, shall be in accordance with the relevant provisions shall bear corresponding legal liabilities.

 

ArticleFour hundred and seventy-three[] a punishment

Participants in the proceedings or the relevant personnel in violation of the provisions of this law, the judge or the referee to make a decision. But to make detention, a fine or confiscation of property worth five thousand yuan penalty decision, shall be reported to the approval of the president.

Need to be investigated for criminal responsibility according to law, in accordance with the "Criminal Procedure Law" the relevant provisions of the people's Republic of china.

 

 ArticleFour hundred and seventy-fourThe legal liability of [type]

The following bear legal responsibility way:

(a) to stop the illegal acts;

(two) warning;

(three);

(four) ordered out of the courtroom;

(five) out of court;

(six) fine;

(seven) the confiscation of property;

(eight) the detention.

The penalty stipulated in the preceding paragraph, the confiscation of property (including the confiscation of proceeds), unless the detention decision, has finished execution of the punishment decision, otherwise has a permanent effect on the parties.

 

ArticleFour hundred and seventy-five[] a form of punishment

By a written decision shall be fined, detained.

To stop the illegal acts, warning, reprimand, ordered out of the courtroom, expelled from the decision the court punishment, can be made in the form of oral; fines, confiscation of property, the detention decision, shall be made in written form.

The decision to oral forms of punishment, can not create file; the decision in a written form of punishment shall make records.

In an emergency situation must be taken into custody immediately measures, can be in detention after completing the formalities.

 

ArticleFour hundred and seventyApplication of Article Six [compulsory measures]

Decision of detention, fines and confiscation of property punishment can be made, can also make a combined.

The same behavior of fines, detention shall not be applied continuously. But for violations happen again, can be re used.

Ordered out of the courtroom and expelled from the courtroom penalty applies only to a person violates the court rules the gallery and news media personnel.

 

ArticleFour hundred and seventy-sevenThe limitation of liability article []

A fine amount of five hundred yuan to five hundred thousand yuan.

Detention for a period of four hours to fifteen days.

 

ArticleFour hundred and seventy-eightThe punishment decision] [validity

Made the punishment decision shall become effective immediately.

 

ArticleFour hundred and seventy-nineRemedy [penalty]

The parties to the people's court refuses to accept the decision of detention, fines and confiscation of property punishment, may apply to a people's court at a higher level for reconsideration once.

The punishment decision does not stop during the period of reconsideration execution.

 

ArticleFour hundred and eighty[] a penalty relief limit

The parties to stop the illegal act, warning, reprimand, ordered out of the courtroom, expelled from the decision of punishment may not apply for reconsideration of the court.

 

ArticleFour hundred and eighty-oneA [hearing] approval

After the approval of the president of the penalty decision, the dean for the punishment decision shall immediately hearing judge or judge made, and can make the necessary investigations and inquiries.

After the hearing, the President shall immediately make a decision to withdraw the approval, change,; not immediately make a decision, or a decision shall be made within twenty-four hours.

 

ArticleFour hundred and eighty-twoA direct punishment [Dean]

The president of the court as the judge or the judge, or dean in court witness violations court process, can be directly made the punishment decision or approved.

The president decided to directly make punishment, punishment shall not apply for reconsideration and hearing.

 

ArticleFour hundred and eighty-three[] the detention of termination

Detained in custody to repent, may rescind the detention. But not less than the remaining half during the execution of the.

Early termination of the internment decision by a single judge or judge to approve the report of. Dean served as a judge or judge, made directly.

Early termination of detention shall be made in advance, "lift the detention decision".

 

ArticleFour hundred and eighty-fourA [for Limited (or no) capacity penalty]

Limit the capacity of people or incompetent person violates the provisions of this law, shall not be penalized, but shall restrict or restrain its behavior.

Limit the capacity of people or incompetent person acts violating the provisions of this law is others instigation, the people's court shall be punished in accordance with the relevant provisions of the instigator penalties of the law.

 

Article 485th [] the civil judgment execution priority principle

For payment of civil judgment execution, priority should be given to the property penalty execution.

 

ArticleFour hundred and eighty-sixA judge is not punishment [on] the obligation of punishment

The judge for the party concerned or other relevant personnel in violation of provisions of this act shall not be penalized punishment, should be regarded as the judge can not just law enforcement. The other party may thus directly to the president or the judge disciplinary commission to prosecute, punish the requirements, and may request him to withdraw.

The president or the judge disciplinary commission to the parties to reflect the situation, after investigation and verification, the complainant agrees, can ask the judge to correct violations of prohibitive provisions of the act, making the punishment decision shall continue to perform the duties, the referee; referee accused people don't agree to continue to perform the duties of the judge, the judge shall be ordered to withdraw, and shall punishment.

 

ArticleFour hundred and eighty-sevenThe legal person responsibility] [obstruct the procedure

For the legal implementation of this section of the violations, the main responsible person or the person directly responsible in accordance with the provisions in addition to detain, it should also be the person with a time of fines.

 

The thirty-eighth chapterPenalties

The first sectionTo disturb the order of the court

 

    ArticleFour hundred and eighty-eightA general responsibility []

For violation of personnel rules of court if the circumstances are relatively minor, shall, according to their specific behavior, shall be ordered to stop the illegal behavior, to give warning, reprimand, ordered out of the courtroom, expelled from the punishment decision the court

 

ArticleFour hundred and eighty-nine[] the detention and fines

To stop the illegal act, decided to implement the warning, reprimand not ordered to punishment, still affect the court order if the circumstances are minor, shall be expelled from the court; the court staff, or impact seriously disrupting the order of the court, shall, according to their specific behavior, in fifteen to fifteen days detention, in addition to fifty thousand yuan to one hundred thousand yuan fine.

 

Second section to hinder justice of punishment

 

ArticleFour hundred and ninetyA general responsibility []

To impede the implementation action if the circumstances are relatively minor, shall, according to their specific behavior, shall be ordered to stop the illegal act, decided to give warning, disciplinary punishment.

 

ArticleFour hundred and ninety-oneA [Responsibilities] refuses to appear in court

The party concerned refuses to appear in court, change the contact way after fifteen days do not inform the people's court, or escape, hidden, except in accordance with the relevant provisions, impose a fine of two hundred yuan.

 

ArticleFour hundred and ninety-twoThe [court] late and absence of responsibility

The parties or other participants in the proceedings be late or absent, the judge should give appropriate criticism, warning, reprimand; for if the circumstances are serious, the plaintiff without justifiable reasons not to attend the hearing or absent, and does not agree to withdraw treatment, the defendant is not able to attend the hearing or absent without justifiable reasons, ranging from two hundred yuan to five hundred yuan fine.

 

ArticleFour hundred and ninety-threeA [refuse to sign the document responsibility]

To refuse to sign the legal documents the addressee, the people's court service personnel shall conduct necessary education on the legal consequences, that refuse to sign.

After education, the recipient of the service still refuses to sign, the fine day detention, a fine of two thousand yuan.

The recipient of the service has made the decision on punishment in the people's court, judge agreed to sign legal documents, shall cancel the sign for the referee legal documents after the detention, but may decide to change the fines.

 

ArticleFour hundred and ninety-fourA [impede evidence responsibility]

For the implementation of forgery, alteration, destruction of evidence act, impose a fine of fifteen days detention, a fine of one hundred thousand yuan.

Methods for using violence, threats, hired from witnesses, or instigating, suborning, coercing others to commit perjury, sentenced to fifteen days detention, a fine of one hundred thousand yuan.

 

 ArticleFour hundred and ninety-fiveThe preservation of property responsibility] [impede

The implementation of the hidden, transfer, sale, damage has been seized, seizure, freezing preservation property, in addition to fifteen days detention, a fine of one hundred thousand yuan, also should recover the hidden, the transfer of property; the sale of the property, it shall take protective measures on the proceeds.

Unable to recover the hidden, transfer, sale of the property or the proceeds, by the equivalent of not recover property matching fine. But shall not exceed a maximum of five hundred thousand yuan.

 

ArticleFour hundred and ninety-sixA [impede participation Liability]

For the participants in the proceedings or the relevant personnel to threats, intimidation, insult, libel, framed by the minor shall give fifteen days detention, and impose a fine of fifty thousand yuan; if the circumstances are serious, shall be detained for a maximum of fifteen days, a fine of one hundred thousand yuan.

For the participants in the proceedings or the relevant personnel beating or take revenge plot slight, sentenced to fifteen days detention, a fine of one hundred thousand yuan; if the circumstances are serious, shall be investigated for criminal responsibility according to law.

 

ArticleFour hundred and ninety-sevenThe obstruction of official activities [responsibility]

For using violence, threats or other means to hinder judicial personnel on duty personnel, if the circumstances are minor, sentenced to fifteen days detention, a fine of one hundred thousand yuan; if the circumstances are serious, shall be investigated for criminal responsibility according to law.

 

The third sectionTo refuseTo perform its obligation to assist

 

ArticleFour hundred and ninety-eightA general responsibility []

For refusing to perform its obligation to assist the lesser personnel shall, according to the specific behavior, decided to give a warning, disciplinary punishment, and ordered it to perform its obligation.

 

ArticleFour hundred and ninety-nineA [Responsibilities] to assist

Have the obligation to assist in the investigation, the execution unit has one of the following acts, the people's court shall order it to perform its obligation, it should also be the person directly liable to five days detention, a fine of fifty thousand yuan:

(a) refusing or obstructing the investigation;

(two) financial institutions to the people's court "assist in the implementation of the notice", refusing to assist in inquiry, freeze or transfer the deposits;

(three) the relevant units to the people's court "assist in the implementation of the notice", refusing to assist in detention execution income, for the transfer of certificates of property rights, relevant negotiable instrument, license or other property;

(four) with other refused to assist in the implementation of serious.

 

ArticleFive hundredStrip resist assist [responsibility]

Have the obligation to assist in the investigation, the execution unit has one of the following acts, the people's court shall order it to perform its obligation, it should also be the person directly liable to fifteen days detention, a fine of five hundred thousand yuan:

(a) the unauthorized transfer has been the people's court to freeze the deposits, or unauthorized thawing;

(two) using violence, threats or other means to hinder judicial personnel inquiries, freezing, the allocation of bank deposits;

(three) to the people's court to assist in the implementation of the notice, to assist the parties send news secretly, transfer, conceal property.

(four) the other refused to assist in the implementation of behavior.

 

ArticleFive hundred and oneThe transfer payment responsibility []

The people's court to assist in the implementation of the relevant units to receive notify the debtor's property, or to the person subjected to execution or other payment, except in accordance with the provisions of punishment, the people's court has the right to order the units concerned to recover the deadline; overdue does not recover, shall make a ruling for the amount paid to the applicant for execution to bear, responsibility.

 

The fourth sectionTo refuse to perform the obligations of punishment

 

ArticleFive hundred and twoA [refuses to perform effective referee]

The parties fail to fulfill the people's Court of effective legal documents, shall be five days detention, Wu Wanyuan fine.

 

ArticleFive hundred and threeStrip resist "injunction" [penalty]

The people's Court refused to immediately perform "injunction", continue to maintain the illegal status or expand illegal state, should be on the behavior of people in fifteen days of detention, a fine of one hundred thousand yuan.

Legal person refuses to perform "injunction", its legal representative or principal responsible person sentenced to fifteen days detention, a fine of five hundred thousand yuan.

Refusing to perform "injunction" people are people, should be the main organizer and main participants were punished.

 

ArticleFive hundred and fourA [disguising property punishment]

The party not in accordance with the period designated by the people's court to declare the property, shall be sentenced to a fine of five thousand yuan.

If the parties fail to declare truthfully in the daily necessities of life outside of the property confiscated property, omissions, and sentenced to fifteen days detention, a fine of fifty thousand yuan.

Conceal the property is the fact that the informants identified after the report, the people's court shall report the property on fifty percent of the award to the next. But the bonus payment, with the content of performance shall be prior to the legal enforcement of judicial rulings, and pay the legal judgment after execution of the balance, the insufficient part from being executed other property of execution.

 

 

ArticleFive hundred and fiveA transfer of property punishment, [hidden]

The parties have the force of law in the legal document, the transfer of property after the hidden, in addition to the confiscation of the hidden, transfer of property, shall also be fined fifteen days detention, a fine of one hundred thousand yuan. If not recovered, should also add a hidden, and transfer of property matching fine.

 

ArticleFive hundred and sixThe sale of the property punishment []

One of the parties in the effective legal documents without the other party or the people's court permission, unauthorized sale of other property in addition to the normal operation of production abroad, shall confiscate the proceeds, and sentenced to fifteen days detention, a fine of two hundred thousand yuan. If the proceeds can not be confiscated, but also should pay a fine and confiscation of property matching cannot. But shall not exceed a maximum of five hundred thousand yuan.

 

ArticleFive hundred and sevenThe destruction of property damage [penalty]

The destruction or damage to property in legal documents after the entry into force, in addition to the obligations in the period designated by the people's court, shall be subject to fines and damages the property matching. But shall not exceed a maximum of two hundred thousand yuan.

 

ArticleFive hundred and eightThe criminal responsibility []

The parties to the violence, threats or other means to prevent, the people's court for enforcement activities, if the circumstances are minor, sentenced to fifteen days detention, a fine of two hundred thousand yuan; if the circumstances are serious violation of criminal law, it shall be investigated for criminal responsibility according to law.

 

 

The ninth series Supplementary articles

 

ArticleFive hundred and nine[interpretation]

The Supreme People's court may formulate implementing rules and judicial interpretation according to the provisions of this law.

The Supreme People's court according to the specific conditions in the area, appropriate to extend or shorten the statutory period stipulated, in the implementation of the corresponding regional.

The Supreme People's court shall, according to the situation of social economic development, to the provisions of this law when necessary to adjust the amount of fines.

The judicial interpretation made by the people's court, shall be submitted to the Standing Committee of the National People's Congress implemented after approval.

 

ArticleFive hundred and tenThe implementation of this Law [date]

This Law shall   YearsMonthThe date of implementation. "PRC Civil Procedure Law" shall be repealed simultaneously.