"PRC Civil Procedure Law Amendment (Draft)"

The lawyer revised draft

(the all China Lawyers Association is authorized to release)

("PRC Civil Procedure Law" in April 9, 1991 seventh session of the National People's Congress by the fourth meeting of October 28, 2007, according to the Tenth National People's Congress of the thirtieth meeting of the Standing Committee on Revising the "'the people's Republic of China Civil Procedure Law' decision" correction)

(this manuscript omitted retention provisions inserted in October 24, 2011, the NPC Standing Committee Law Committee of the draft provisions, to the italicized words in bold by expression of the legislative proposals, express the corresponding legislation reason to Fangsong words one by one.)

Part I General Provisions

The first chapter task, scope of application and basic principles

Kept the first to thirteenth.

Article fourteenth the people's Procuratorate has the right to exercise legal supervision over the civil trial activities.

The Law Committee proposed to amend the draft fourteenth: People's Procuratorate has the right to exercise legal supervision over the civil procuratorial suggestions, to protest the way.

The Law Committee of the draft amendments will agree.

Keep fifteenth.

Article sixteenth the people's mediation committee is in the basic level people's governments and the basic people's court under the mediation of civil disputes, the organizations of the masses.

Delete sixteenth suggestions Law Committee draft.

The Law Committee of the draft amendments will agree.

Keep seventeenth.

The second chapter jurisdiction

The first section level jurisdiction

Keep eighteenth to twenty-fourth.

The twenty-fifth contract parties can agree to choose in their written contract at the domicile of the defendant, the contract jurisdiction, the contract is signed, the plaintiff's domicile, the subject matter of the local people's court, but not in violation of the provisions of this Law regarding jurisdiction by level and exclusive jurisdiction.

The Law Committee of the draft proposed to amend the thirty-fourth contracts or other disputes over property rights and interests of the parties may have agreed in writing to the domicile of the defendant, the contract jurisdiction, the contract is signed, the plaintiff's domicile, the subject matter is located, the people's court, but not in violation of the provisions of this Law regarding jurisdiction by level and exclusive jurisdiction.

The Law Committee of the draft amendments will agree.

The law committee draft one article is added as Article twenty-sixth:

Twenty-sixth because of the corporate establishment, dissolution lawsuit, under the jurisdiction of the people's court at the domicile of the company.

This would agree with the Law Committee of the draft amendments to, and suggested to increase a [company domicile jurisdiction exception]:

Company has not yet been established, the company registration authority was accepted by the local people's court; the company has written off or is dissolved, come under the jurisdiction of the court.

Reason: the company is home after the establishment problem, it should accept the jurisdiction of the company registration organ where the court. The company has been cancelled or dissolution of the company, the people's Court of the place where the jurisdiction of no practical significance, so by the plaintiff's residence to the jurisdiction of the court.

Keep twenty-sixth to thirty-fourth.

Article thirty-fourth the following cases, by the provisions of the people's court exclusive jurisdiction:

(a) because the immovable property dispute lawsuit, by not moving under the jurisdiction of the people's court in the locality;

(two) brought on a dispute over port operations in the litigation, the port is located under the jurisdiction of the people's court;

(three) for inheritance lawsuit, by the time of his death was the main legacy is his domicile or under the jurisdiction of the people's court.

This would suggest a, as the exclusive jurisdiction fourth [intellectual property rights disputes]:

(four) brought for intellectual property right dispute lawsuit, under the jurisdiction of the people's court designated by the Supreme People's court.

Reason: now the intellectual property right lawsuits in the administrative proceedings, but this will think should be civil property right clear intellectual property dispute case in the modification of the civil procedure law. The patent invalid cases, trademark objection review cases, trademark dispute cases that make organ is the Patent Reexamination Board, the Trademark Appraisal Committee (hereinafter referred to as "the two committees), but it is the equality between the main characteristics of civil disputes, in accordance with the civil procedure law.

Keep thirty-fifth to thirty-seventh.

Thirty-eighth cases handled by the people's court, the parties have objections to the jurisdiction shall, during the period for submitting briefs. The people's court shall review. Objection, order to transfer the case to the people's court jurisdiction; if not, the court rejected.

The law committee draft proposal thirty-eighth changed to 126th and one paragraph is added: the people's court has accepted the case, the party has objection to the jurisdiction shall, during the period for submitting briefs. The people's court shall review. Objection, order to transfer the case to the people's court jurisdiction; if not, the court rejected.

If a party fails to make an objection to the jurisdiction, and involved in reply, as should the people's court has jurisdiction, but violating the provisions on jurisdiction except.

This would agree with the Law Committee of the draft amendments to, and suggestions to solve the agency "increase in the first join" or other jurisdiction dispute, will the following additions [to] the jurisdiction:

The people's court has accepted the case, the party has objection to the jurisdiction shall, during the period for submitting briefs. The people's court shall review. Objection, order to transfer the case to the people's court jurisdiction or other jurisdiction of the dispute settlement mechanism; if not, the court rejected.

Reason: objection to the jurisdiction of the people's court between not only relates to the territorial jurisdiction and grade jurisdiction, also relates to between the court and litigants dispute. In practice, lawyers often encountered in the people's court shall transfer the case to an arbitration agency case. Therefore, suggestions and "objection, in accordance with the request of ruling objection, transfer the case to the people's courts have jurisdiction, or other jurisdiction of the dispute settlement mechanism".

In civil cases of first instance in the people's court at a higher level shall have the right to thirty-ninth under the jurisdiction of a people's court at the trial of civil cases of first instance, also can put the jurisdiction to an inferior people's court.

In civil cases of first instance in the people's court at a lower level under its jurisdiction, that need to be tried by a people's court at a higher level, it may report to the superior people's court trial.

The law committee draft proposals thirty-ninth to thirty-eighth a superior people's court has the right to trial jurisdiction courts of first instance of civil cases.

In civil cases of first instance in the people's court at a lower level under its jurisdiction, that need to be tried by a people's court at a higher level, it may report to the superior people's court trial.

The Law Committee of the draft amendments will agree.

The third chapter trial organization

Fortieth people's Court of first instance shall try civil cases by a judge, jury, composed of the collegial panel or by a collegial panel of judges. Numbers of members of a collegial bench shall be.

Application of simple procedure in civil cases, trial by a single judge alone.

In carrying out their duties as jurors, have equal rights and obligations as a judge.

This would suggest a collegial panel members randomly selected []:

On the court shall, within five days upon expiration of the defense period in the day, notify the parties to the case on the court and the judge under the auspices of the common random selected cases of the members of the collegial panel.

The parties before the common random selection of the members of the collegial panel, the basic situation has the right to know the relevant court judge, jury alternative. The court shall be open to the public to judge, the jurors' names, personal basic information, study and work experience.

Reason: at present, the system has been randomly selected into international practice, has the system helps prevent to some extent because of administrative system designated caused relationships, favors. The publicity of judge's name, personal basic information, study and work experience in a certain degree, help to any system implementation.

Keep forty-first to forty-fourth.

The fourth chapter avoidance

Article forty-fifth of the judicial personnel in any of the following circumstances, must be avoided, the parties shall have the right to apply orally or in writing for his withdrawal:

(a) is a party to the case or the parties, agents ad litem close relatives;

(two) there is interest in the case;

(three) there are other relationship with a party to the case, may affect the impartial handling of the case.

The provisions of the preceding paragraph, apply to clerks, interpreters, expert witnesses, the inspector.

Article forty-fifth changed to forty-fourth judicial personnel in any of the following circumstances suggest that the Law Committee of the draft, shall voluntarily withdraw, the parties shall have the right to apply orally or in writing for his withdrawal:

(a) is a party to the case or the parties, agents ad litem close relatives;

(two) there is interest in the case;

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

(four) the judicial officers violate regulations meet with the parties, agents ad litem, accept the parties, agents ad litem, treat or gift, or take bribes, play favouritism and commit irregularities, perverted the law behavior.

The provisions of the preceding paragraph, apply to clerks, interpreters, expert witnesses, the inspector.

This would agree with the Law Committee of the draft amendments to recommendations, and increased two to avoid the reason, as the article (two), (three) a [expand] avoidance reasons, other each in turn extended:

(two) is a party or agent within three generations of other collateral relatives by blood or the spouse's relatives;

(three) the parties to provide evidence or evidence that the judge in the trial process has obvious partial party words and deeds.

Reason: the party or agent within three generations of other collateral relatives by blood or the spouse's relatives, or the judge in the trial process has obvious partial party words and deeds, can often be obstruction of justice should be avoided, reason. But civil servants "civil law" article sixty-eighth established the avoidance also expanded to the collateral relatives within three generations or close affinity, provisions: the relationship between husband and wife, between civil servant immediate blood relations, collateral relatives within three generations or close marriage relationship dear, not in the same authority as both sides directly under the belong to the same leadership position or directly subordinate relationship of leadership positions, and shall not engage in the organization, personnel, discipline inspection, supervision, auditing and financial work in one of the parties in positions of leadership and authority.

Forty-sixth parties to apply for withdrawal, it shall explain the reasons, put forward at the beginning of the proceedings; avoid the hearing commences, may also be submitted before the end of court debate.

The challenged personnel decision on withdrawal by the people's court, shall suspend the service in the case, but the case except the need for urgent action.

The proposed changes to the forty-sixth is amended as follows. [a peremptory challenge and reduce the difficulty of proof] avoidance:

The collegial panel in the process, the parties concerned may be selected judge proposed peremptory challenge or any application.

The parties put forward because no application for withdrawal, is for judges shall not participate in a collegial panel, the parties can continue to select the other judges as the members of the collegial panel on the court under the auspices of the. During each trial proceedings in the application of a party concerned peremptory challenge to not more than three times.

Party raises any application, shall submit evidence or grounds for reasonable suspicion. The president of the court decision was for judge not evasive, filed a judge may participate in a collegial panel; the applicant refuses to accept this, can the court at the next higher level for reconsideration.

Reason: the peremptory challenge, is the law entrusts with the litigant does not attach any reason's right to apply for withdrawal application, the court shall unconditionally agree within necessary limits. The peremptory challenge in many countries, China should learn from this mechanism, allowing any of the parties in a litigation exercised three times without the right to apply for withdrawal.

The current challenge system effect is not very ideal, almost useless, its main drawback is the cause of challenge in narrow range, difficult to put to the proof, the court review system exists in name only. The legislation should be clear legal excuse of "stake", "other" meaning, legislation should consider enhancing the parties apply for withdrawal and operable, appropriate to expand the cause of challenge, as will the collateral blood relatives within three generations or the spouse's relatives and the judicial personnel clearly taking a party inappropriate remarks or actions include. Legislation should also reduce the difficulty of proof the application for withdrawal, the parties apply for withdrawal as long as the surface evidence of possible causes of withdrawal can be, but not demanding the full burden of proof. Legislation requires the court open all judges name, gender, age, place of origin, study and work experience, be complaints and other basic information, so as to judge whether the judge has excuse.

Keep forty-seventh, forty-eighth.

In Chapter fifth, the participants in the proceedings

Section 1 parties

Keep forty-ninth to fifty-fourth.

This would suggest a cross action system []:

In the joint action of ongoing, CO defendant can during this v. reply within other co defendants propose independent to the litigation request.

In the ongoing proceedings, the defendant may end without independent claim third people put independent to the litigation request in the v. debate.

In the ongoing proceedings, the defendant can raise independent to the litigation request to the outsider in the end the appeal before the debate.

Cross claims or the introduction of litigation and litigation should be the same judicial organization to the same program joinder of joinder, difficulty, can also according to the v., V. cross after or into the litigation sequential trial, together with the decision.

Provisions on the trial of the law applicable to cross claims or the introduction of the trial proceedings.

Reason: the so-called cross action, refers to the joint action contains multiple defendants, by one of the defendants to other defendant. For disputes of the interconnected in the same proceedings and trial, which can maximally save judicial resources, and can thoroughly solve the related parties existing or potential all civil disputes, to avoid disputes or litigation more happens in the future, this in the civil litigation system in developed countries are USA etc. rules and effective. In China, because of the lack of corresponding system, a simple case may be divided into two independent action, and even the same contract between the different litigation or arbitration, may even lead to different courts or different organization of the trial on the same event to contradictory judgments, which is obviously not conducive to the comprehensive settlement of the same an event or action by the closely connected party caused controversy of rights and obligations based on, is not conducive to improving the efficiency of lawsuit and the maintenance of judicial authority.

The law committee draft proposal shall be added to, as the fifty-fifth on environmental pollution, against the legitimate rights and interests of consumers, damage the social public interests, social organizations, relevant authorities may bring a lawsuit to the people's court.

This would suggest that the proposed addition of fifty-fifth modified as follows [public interest litigation subject open and advance payment of litigation fee exemption]:

The pollution of the environment infringement of the legitimate rights and interests of consumers, many damages social public interests, the people's Procuratorate, the people's organizations, the civil affairs departments registered social groups, the State Council approved the establishment of the group, the grassroots organizations have the right to initiate public interest litigation to the people's court.

With management responsibilities for the administrative organ to the public interest or not represented on its management within the scope of the civil public interest litigation interest.

Citizens have the right to damage public interests of the event to the people's Procuratorate and the related administrative charges, complaints, if the authorities did not take the protection of public interests and effective within 60 days of the measures are not filed public interest litigation, citizens have the right to initiate public interest litigation itself.

The court recognized as public interest litigation cases, without pre payment of litigation fees.

Reason: This article should be against the original draft "authorities" further clear language, social groups should become main body of public interest litigation. At the same time, it should increase the grassroots organization that residents' committee, villagers' committee, the owners committee as the subject of public interest litigation, they often represent the basic interests of the masses and social public interests. Provisions have been made in environmental public interest litigation documents Hainan Province Higher People's court, is desirable. It should increase the citizen individual as the subject of public interest litigation. Investigation of foreign public interest litigation practice, and its essence is the citizen participation, public welfare litigation practice Chinese ten years is more citizen driven, citizens enjoy the public welfare lawsuit qualification, should be mentioned in the height of the constitutional rights of view, should be open and encouraging citizens to participate in public interest litigation. Again, for some people worried citizens may abuse of public interest litigation problem, you can set the pretage procedure, namely to procuratorate or the relevant administrative authorities accused, request the measures or filed public interest litigation, to reduce unnecessary litigation.

Keep fifty-fifth, fifty-sixth.

The second section agents ad litem

Keep fifty-seventh.

Article fifty-eighth party, legal representative may entrust one or two persons to represent them in the action.

The lawyer, close relative of the party, persons recommended by social organizations or the units where the people, by the people's Court of other citizens, may be entrusted as an agent ad litem.

This would suggest that the fifty-eighth amendment [number follows an agent ad litem and identity restrictions]:

The parties, legal representative may entrust one or three persons to represent them in the action.

The lawyer, close relative of the party, persons recommended by social organizations or the units where the people, by the people's Court of other citizens, may be entrusted as an agent ad litem, except for the personnel of the public security, judicial organs.

Guardians of minors or mutually making excuses agent liability shall bear vicarious liability dispute, the people's court shall appoint one of them as the representative litigation. A guardian of conflicts of interest with minors, the people's court shall designate another party guardians as minors legal agent, behalf in litigation.

Filed due to intellectual property right dispute lawsuit, close relative of a party, legal representative, the parties can entrust a lawyer as agent ad litem.

Reason: the restriction on the number of agents is one to two in some cases is not conducive to the parties especially as legal persons or other organizations of the party arrangements for adjusting agent, one to three people more convenience in the exercise of their litigation rights. Personnel of the public security, judicial organs as agents ad litem to its work in conflict, sometimes possible obstruction of justice, not as an agent ad litem. As a minor legal agent mutually making excuses or controversial circumstances, in order to protect the minor can get effective agent in the proceedings, shall be prescribed by the people's court appoint one of them as the representative litigation.

Intellectual property litigation professional strong, difficult, especially in the intellectual property lawsuit should be the ordinary citizen agency to cancel the lawsuit of intellectual property, shall be borne by the lawyer, close relative of the Party replaced the social group, the person recommended by the unit and the proxy litigation civil court permission. Is the revision of "patent agency regulations" also proposed regulations, judicial occupation qualification of patent agent may patent litigation.

Keep fifty-ninth to sixty-second.

The sixth chapter evidence

Sixty-third lines of evidence are the following:

(a) documentary evidence;

(two) evidence;

(three) audio-visual materials;

(four) the testimony of a witness;

(five) statements of the parties;

(six) the identification conclusion;

(seven) the written record of the inspection.

The above evidence must be verified before it can be used as the basis for ascertaining the facts.

The Law Committee proposed to amend the draft article sixty-third:

Evidence includes:

(a) statements of the parties;

(two) documentary evidence;

(three) evidence;

(four) audio-visual materials;

(five) electronic data;

(six) the testimony of a witness;

(seven) the expert opinion;

(eight) the written record of the inspection.

Evidence must be verified by the statutory procedures, can be used as a basis for finding the facts.

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

The Law Committee of the draft amendments agreed, and suggested that a kind of evidence material type, as the article (seven) project, the others in turn extended [unit proof should be evidence materials]:

"(seven) unit proof;".

Reason: the unit cannot cases testify (this will also recommended the abolition of "the relevant provisions of the unit can be a witness"), but can the related parties or witnesses related situation such as identity, history background material certificate, the certificate is not only different from the historical facts of the case in the documentary, is also different from the testimony of witnesses, and use a large number of existing and litigation practice, should be included in the evidence types. If the unit certificate letter, must show the letter issued certificate, and shall be set by the issuer or the units responsible for the people to testify in court.

This would also suggest that this article all the evidence is amended as "evidence", and suggested that the law in the "evidence" and "evidence" of distinction.

Reason: "evidence" is different from "evidence". The statements of the parties concerned, documentary evidence, material evidence, "evidence" is the only evidence of the carrier, is the original material evidence provided by the parties, they "must be approved by the statutory procedures verified, can be used as the basis for ascertaining the facts", and "the basis for the establishment of facts" is the true sense of the evidence. The law cannot be confused evidence "and" evidence ", the use of evidence in a word always rather be understood as" evidence ", and sometimes will be understood as" evidence".

Article sixty-fourth the parties to submit their ideas, have the responsibility to provide evidence.

The parties and their agents ad litem due to objective reasons not to collect evidence, or the people's court that the evidence necessary for the trial of the case, the people's court shall investigate and collect.

The people's court shall, in accordance with legal procedures, comprehensively, objectively examine and verify evidence.

This would suggest that the sixty-fourth paragraph is amended as follows. [] the burden of proof:

Parties to submit their ideas, have the obligation to provide evidence.

Reason: the obligation and responsibility are two interrelated but concept completely different, the obligation is the premise of responsibility, responsibility is not fulfilling the obligations of the consequences. The legislative intent for burden of proof, not confused and responsibility.

This would suggest one paragraph is added as the third paragraph, [] investigation system:

The litigation lawyer may apply to the people's court investigation order issued by the people's court, according to the circumstances of the case, whether or not to approve the decision making; litigation lawyers to survey issued by the court to investigation of the case, the relevant units and individuals shall cooperate. Refused to cooperate with the implementation of investigation units and individuals to make, the people's court shall to hamper the civil litigation coercive measures.

Reason: the court of the prominent contradictions the people less, such provisions can be to some extent alleviate the burden of the court, judges have more time and energy to analyse a case; lawyers who investigated the case fact, old problems can better solve the litigation lawyer forensics difficult, give full play to the role of attorney, in order to safeguard the legitimate rights and interests, and safeguard social fairness and justice. Beijing, Shanghai and other local courts have trial investigation system for many years, the effect is good, it shall timely such as law, in order to alleviate the difficulty in collecting evidence, agent.

This will also suggest adding a [heir to the right of investigation and evidence collection death lawsuit]:

Death of the decedent, successor after the proceedings have the right by the court notice of accepting the case and death certificate query is heir property status, the relevant units shall not refuse.

Reason: the death of the decedent especially for emergencies killed or declared dead, the status of the property is often unknown, successor cannot exactly the heritage. In this case, the law should allow successor after the proceedings by the court notice of accepting the case and death certificate to the bank, the housing registration management, securities registration company and other units to query the decedent status of the property, the relevant units shall not refuse, in order to ensure that citizens property is not violated, to ensure that the successor to the legal right of inheritance.

The Law Committee of the draft proposal to increase two, as sixty-fifth, sixty-sixth:

Sixty-fifth parties shall promptly provide evidence to support their assertions. The evidence does not provide timely, the people's court shall order it to explain the reason for. The reason is not established, the people's court according to different circumstances be reprimanded, fined, compensation for the losses caused by the delay of action, not to accept the evidence.

This would suggest [burden of responsibility but not to abuse the public power]:

Delete evidence fails to timely provide the draft ", the people's court shall order it to explain the reason for. The reason is not established, the people's court according to different circumstances be reprimanded, fined, compensation for the losses caused by the delay of action, not to accept the evidence." Content.

Reason: the civil action litigant parties shall, without proof or not timely proof losing natural bear the consequences, without judicial sanctions, or against the principle of civil procedure and the principle of justice.

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

The Law Committee of the draft amendments agreed, and the proposal to increase the content as follows [clear] evidence form:

The people's court to hear evidence materials submitted by parties, shall issue receipts, stating the name, number of pages, the number of copies of evidence, is the original, and the time of receipt, and sealed by the agency staff signature or.

Reason: the original evidence as the original evidence plays a key role in the litigation, but in judicial practice often collect evidence after the original court but disappear without a trace of the receipts, with Ming helps to improve court responsibility, safeguard the legitimate rights and interests of the parties.

Keep sixty-fifth to sixty-ninth.

Seventieth units and individuals who have knowledge of the circumstances of the case, have the obligation to testify in court. Responsible heads of the relevant units shall support the witness. Witness not appearing in court, the people's court, submit a written testimony.

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

The law committee draft recommendations will be seventieth to three, as seventy-second, seventy-third, seventy-fourth, amended as:

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

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

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

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

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

(three) due to natural disasters and other force majeure can not appear in court;

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

Seventy-fourth witnesses testified to fulfill the obligation and expenditure for the transportation, accommodation, meals and other necessary expenses and loss, shall be borne by the losing party burden. If the parties apply for the witnesses, the parties to advance; no client application, the people's court according to law to inform the witnesses, the people's court to advance.

This would agree with the Law Committee of the draft amendments to recommendations, but seventy-second "units and individuals who have knowledge of the circumstances of the case" in the unit to remove [units can not serve as witnesses].

Reason: the unit may only be issued by the basic situation of related parties "unit proof", but the unit does not have the cognitive ability, also not to testify in court, should not be required as a witness.

Article seventy-second the people's court on specific problems that need identification, shall be made by the legal corroboratory department; there is no legal corroboratory department, identified by the appraisal department designated by the people's court.

Identification of department and its designated expert witness is entitled to know the case materials necessary for the evaluation, when necessary, ask the parties, witnesses.

An authentication department and the expert witness shall submit a written expert conclusion, signature in the identification of a book or a stamp. Authenticators, shall be made by appraiser place unit seal, to prove his identity.

The law committee draft recommendations will be seventy-second to three, as seventy-sixth, seventy-seventh, Seventy-eighth, amended as:

Special problems of seventy-sixth party may apply to the people's court to ascertain the facts of identification. If the parties apply for identification, through consultation by both parties to determine the appraiser qualification; consultation fails, designated by the people's court.

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

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

Identification shall present a written expert opinion, in the appraisal or stamped signature.

Article Seventy-eighth the parties disagree or the people's court that his testimony necessary for the appraisal, the appraiser shall appear in the court. After the people's court shall notify, identification of refusing to testify in court, expert opinion may not be used as the basis for the establishment of facts.

The Law Committee of the draft amendments will agree.

Keep seventy-third.

Seventy-fourth can be lost or difficult to obtain later in the proof, the participants in the proceedings may apply to the people's court for evidence preservation, the people's court may also take security measures on its own initiative.

The law committee draft recommendations will be seventy-fourth to eightieth, is amended as: where evidence may be destroyed or lost or difficult to obtain later cases, the parties may apply to the people's court for preservation of the evidence in the proceedings, the people's court may also take security measures on its own initiative.

In case of emergency, the evidence may be destroyed or lost or difficult to obtain later circumstances, an interested person may in the prosecution before the court, has his domicile or have jurisdiction to the evidence for preservation of the evidence.

Other procedures for preservation of the evidence, the relevant provisions of this law are applicable to ninth chapter preservation.

The Law Committee of the draft amendments will agree.

The seventh chapter, during the service

The first festival

Keep seventy-fifth, seventy-sixth.

The second section served

Keep seventy-seventh, seventy-eighth.

Seventy-ninth by sending Master or his adult relatives refuses to receive the documents, the person serving the decision shall invite the representative of the relevant basic organization or the unit to appear on the scene, explain the situation, mark the refusal and the date on the receipt of service, sent by the Master, witnesses to sign or seal, the litigation documents in the recipient residence, the document shall be deemed to.

The law committee draft recommendations will be seventy-ninth to eighty-fifth, is amended as: by sending Master or his adult relatives refuses to receive the documents, the litigant may invite the representative of the relevant basic organization or the unit to appear on the scene, explain the situation, mark the refusal and the date on the receipt of service, sealed by the sending Master, witness the signature of the person or the litigation documents, in the service of residence; also the litigation documents in the addressee's residence, and the camera, video recording service process, the service shall be deemed completed."

One article is added as article eighty-sixth:, upon the consent of the parties concerned, the people's court may use fax, email to confirm the addressee receiving litigation documents all way.

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

The Law Committee of the draft amendments will agree.

Keep eightieth to eighty-fourth.

The eighth chapter mediation

Article eighty-fifth the people's court, the parties on a voluntary basis, based on clear facts, to distinguish between right and wrong, mediation.

This would suggest that the increase of four, respectively, second, three or four, five as:

] [pretrial mediation collegiate bench before holding a hearing, according to the parties or authority with the consent of both parties, a mediation of the dispute, conciliation agreement, the court may make mediation closed; if the mediation fails, continued the trial.

Pretrial mediation may be carried out before the first preparatory meeting, also can be in after the first preparatory meeting or at the end of the evidence exchange.

[according to the application or authority of trial after mediation] court in the trial after the verdict, before, can be in accordance with the application of the party concerned or the authority with the consent of the consent of both parties, to mediate the dispute between the two sides. Where an agreement is reached through mediation, court mediation book can be closed; if the mediation fails, directly make a decision.

[according to the authority for trial after mediation intention]

The collegial panel shall be in accordance with the terms of reference for mediation between the parties in the trial after the intention.

Both or either of the parties do not want mediation of court said, before, after the collegiate bench judgment, the collegial panel shall be according to the authority or in accordance with the parties to seek for at least a mediation between the parties intention.

[in the trial calculation time included in the time limit within the mediation mediation shall not long time], adjustable never.

Reason: since the emphasis on the establishment of mediation pattern, the extreme tendency of pursuing high rate, some places even open implementation of the so-called "zero verdict" race ", leading to long tune never" or "to pressure sentence" phenomenon a stirring among the dry bones, serious damage to the law authority and the interests of the parties. Mediation must respect the voluntary, legal principle, and should have the number and time limit.

Keep eighty-sixth to ninety-first.

The ninth chapter property preservation and execution

The Law Committee of the draft proposal of ninth chapters, ninety-sixth, ninety-ninth, 256th in the "property preservation" is amended as "preservation".

The Law Committee of the draft amendments will agree.

Ninety-second of the people's court may the acts of either party or for other reasons, make impossible or hard to execute the judgment of the case, according to the request of the other party, render a ruling for property preservation; the absence of such application, the people's court may rule to adopt property preservation measures when necessary.

The people's court for property preservation measures, may order the applicant to provide security; if the applicant fails to provide security, to reject the application.

A people's court accepts an application, if the case is urgent, must make the decision within forty-eight hours; order to adopt property preservation measures, the execution thereof shall begin immediately.

The law committee draft recommendations will be ninety-second to ninety-ninth, is amended as: the people's court for the acts of either party or for other reasons, the decision to perform or cause the injury cases, according to the request of the other party, be a ruling, the preservation of property shall be ordered to make certain actions or forbid it to make certain behavior; the absence of such application, the people's court may rule the preservation measures when necessary.

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

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

This would agree with the Law Committee of the draft amendments to the recommendations, the third in the "emergency" be deleted, modified as follows [shall be] guarantees preservation:

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

Reason: the "emergency" is a relatively vague concept, legal provisions of the "emergency" court facing the situation may tend to think that is not urgent, not restricting abuse of discretionary power of judges. Those who apply for preservation and to provide security, should be regarded as an emergency, can not be left to judges whether the preservation of any discretion.

This would also suggest that the second paragraph of this article shall not demand too much cash is amended as follows [security]:

The people's courts to take preventive measures, may order the applicant to provide in kind or cash collateral accordingly; if a party applies for property preservation with cash collateral or apply for evidence preservation, act preservation, guarantee shall not exceed the amount of claim amount 10%. If the applicant fails to provide security, the court rejected the application.

Reason: the practice of judges tend to not urgent grounds or arbitrarily raise the guarantee condition refuse or a refusal to the application of the parties, leading to save hard! The seizure and freeze preservation measures may be caused to the preservation of property loss, usually not more than 10%, so only need to provide the equivalent of 10% of the value of the property preservation property as collateral or guarantees.

Ninety-third interested party for the urgency of the situation, do not immediately apply for property preservation shall protect the lawful rights and interests of irreparable harm to adopt property preservation measures, may apply to a people's court. The applicant shall provide guaranty, does not provide the guaranty, rejecting the application.

A people's court accepts an application, shall make a ruling within forty-eight hours; order to adopt property preservation measures, the execution thereof shall begin immediately.

The applicant does not sue within fifteen days after the people's court has adopted the preservation measures, the people's court shall cancel the property preservation.

The law committee draft recommendations will be ninety-third to 100th, is amended as: stakeholders in an emergency, do not immediately apply for the preservation of its lawful rights and interests will suffer irreparable harm, in bringing a suit or applying for arbitration to be preserved before the property is located, has his domicile or the jurisdiction of the people's Court on the case the application for the right to take preservation measures. The applicant shall provide guaranty, does not provide a guarantee, the court rejected the application.

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

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

The Law Committee of the draft amendments will agree.

Article ninety-fourth of property preservation shall be limited to the scope of the request, or property related to the case.

Property preservation shall be seized, seizure, freezing and other methods or legal provisions.

The people's court after freezing the property, it shall notify the person whose property is frozen.

The property has been seized, frozen, shall not be seized or frozen.

The law committee draft recommendations will be ninety-fourth to two, as 101st, 102nd, amended as:

Range 101st preservation shall be limited to the request, or property related to the case.

Article 102nd of property preservation by other means, seizure, freezing or seizure of the law. The people's court after freezing the property, it shall notify the person whose property is frozen.

The property has been seized, frozen, shall not be seized or frozen."

The Law Committee of the draft amendments will agree.

The ninety-fifth is the applicant to provide a guarantee, the people's court shall cancel the property preservation.

The law committee draft recommendations will be ninety-fifth to 103rd, is amended as: belongs to property disputes, the applicant to provide a guarantee, the people's court shall rule to cancel the preservation.

The Law Committee of the draft amendments will agree.

Keep ninety-sixth to 102nd.

The Law Committee of the draft proposal to increase two, as 111st, 112nd:

Between 111st party malicious collusion, attempt through litigation, mediation and other means to evade debts, appropriation of property, the people's court shall reject the request, and according to the seriousness of the circumstances, impose a fine of detention; constitutes a crime, shall be investigated for criminal responsibility according to law.

112nd execution of malicious collusion with others, through litigation, arbitration and other means to evade to perform the obligations specified in the legal document, the people's court shall according to the seriousness of the circumstances, impose a fine of detention; constitutes a crime, shall be investigated for criminal responsibility according to law."

The Law Committee of the draft amendments will agree.

Article 103rd obligations 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 to assist, also impose a fine:

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

(two) banks, credit cooperatives and other savings institutions received a court notice for assistance in execution, refusing to assist in inquiry, freeze or transfer the deposits;

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

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

The people's court to one of the acts mentioned in the preceding paragraph units, can be the main responsible person or the person directly responsible shall be fined; can also put forward judicial proposals to disciplinary action to supervisory organs or other relevant organs.

The law committee draft recommendations will be 103rd to 113rd, the second item of the first paragraph is revised as follows: the relevant units of the people's court after receiving a notice for assistance in execution, refusing to assist in search, seizure, freezing, transfer, change property.

The Law Committee of the draft amendments will agree.

104th of the individual penalty amount, ten thousand yuan the following. The unit fine amount, ten thousand yuan of above three hundred thousand yuan of the following.

The period of detention for less than fifteen days.

The detained person, the people's court shall deliver the public security organs. While in detention, the detainee admits and corrects his mistakes, the people's court may decide to terminate the detention.

The law committee draft recommendations will be 104th to 114th, the first paragraph is revised as follows: "fine individual amount, one hundred thousand yuan the following. The unit fine amount, fifty thousand yuan of above one million yuan of the following."

The Law Committee of the draft amendments will agree.

Article 105th, article 106th.

The eleventh chapter litigation expenses

Keep 107th.

This would suggest a [increased costs reasonable attorneys fees shall be borne by the losing party burden]:

The parties may request the other party to pay the cost of reasonable attorney fees etc.. One party loses the case, the other party shall pay compensation fees reasonable attorneys fees; some successful, some lost, losing compensation according to the proportion.

The reason: the cost of reasonable clear attorneys fees shall be borne by the losing party burden is an international practice, it helps to increase the cost of default, violation, reduce the malicious litigation, saving the cost of justice, improve social compliance, law-abiding consciousness, helps the construction of legal system, social credit. Attorney fees shall be borne by the losing party into the "Civil Procedure Law" does not lead to the abuse of litigation, but can contain malicious litigation occurs. Because of the losing party to pay the lawyer fees, also need to burden the other attorney fees, therefore, the parties will be filed in the fully weigh the advantages and disadvantages, even the potential defendants are also more likely to negotiate with each other, and to solve the dispute.

Second series of trial procedure

The twelfth chapter the ordinary procedure of first instance

The first section of prosecution and admissibility

Article 108th the prosecution must meet the following conditions:

(a) the plaintiff is a citizen, legal person or other organization that has a direct interest in the case;

(two) a definite defendant;

(three) there are specific claims, facts, reasons;

(four) belonging to the people's court accepts a civil action range and governed by the people's Court of appeal.

This would suggest that the amended as follows [Cancel] substantive case:

The plaintiff must meet the following conditions:

(a) the plaintiff has the capacity for civil rights;

(two) a definite defendant;

(three) there are specific claims and statements of fact;

(four) belong to the scope of court proceedings and the court of jurisdiction.

Reason: the fundamental measures to solve the case is difficult to change the substantive examination in the form of review. This proposal will be the facts and reasons to statements of fact, to avoid the case of substantive review in the case of judge.

Keep 109th.

Article 110th the complaint shall specify the following matters:

(a) the name, gender, age, nationality, occupation, work unit and home address, name, address of the person or other organization and the legal representative or principal responsible person's name, title;

(two) the claim and the facts and reasons;

(three) the evidence and its source, the name and address of the witness.

The Law Committee of the draft proposed to amend the 120th complaint shall specify the following matters:

(a) the name, gender, age, nationality, occupation, work, residence, ID number, contact information, name, address of the person or other organization and the legal representative or principal responsible person name, position, contact

(two) the claim and the facts and reasons;

(three) the evidence and its source, the name and address of the witness.

This would agree with the Law Committee of the draft amendments to the exemption, but suggest deleting, occupation, work units, the national identity card number of the four information [] with identity information.

Reason: a lot of the plaintiff in the suit are difficult to learn the identity card number and other information, the public security departments will not fit the investigation, if the law stipulates the indictment stated the depth information must, probably will be further increased for difficult degree. And now the society exists for children without identity, and identity number is wrong, such as overlapping, and the prosecution has no does not affect the admissibility of the case and the documents to the four kinds of information.

The law committee draft recommendations to increase a, as the 121st: the prosecution to the court for civil disputes, mediation, conciliation.

This would suggest that the amended as follows [the abolition of mandatory mediation, pretrial mediation to voluntarily limit]:

The prosecution to the people's Court of civil disputes, suitable for mediation, the parties agreed the written consent of the mediation, conciliation. Mediation for a period of ten days, can not reach a mediation agreement shall be entered into the trial procedure.

Reason: the Supreme Court's current mediation is a form of mandatory mediation, in many cases, contrary to the basic principles of voluntary mediation, cause for difficult, and the law of stultify oneself ninth. Once the mandatory mediation into the law, judicial corruption, judicial injustice will be more serious. Even can say, this is a ruined Chinese civil justice system terms, the consequences be unbearable to contemplate. The proposal to delete and learn from Taiwan experience to voluntary mediation before litigation time limited.

The 111st people's court must be accepted in accordance with the law 108th charges, respectively; the prosecution, shall be handled:

(a) in accordance with the provisions of the administrative litigation law, belongs to the scope of accepting cases of administrative litigation, inform the plaintiff bring an administrative lawsuit;

(two) in accordance with the law, the parties to the contract dispute voluntarily reach a written arbitration agreement shall not apply to an arbitration institution for arbitration, the people's court, notify the plaintiff to an arbitration institution for arbitration;

(three) in accordance with the law, shall be dealt with by other organs of the dispute, notify the plaintiff to apply to the relevant organ for settlement;

(four) do not belong to the jurisdiction of the case, the people's court to inform the plaintiff to have jurisdiction over the lawsuit;

(five) the judgment, ruling has already become legally effective case, the prosecution, notify the plaintiff to appeal, but the people's court to withdraw the order except;

(six) in accordance with the law, shall not be prosecuted the case within a certain period of time, the prosecution in the prosecution not within the time limit, shall not be accepted;

(seven) the judgment does not divorce mediation of divorce cases, judgment, adoption cases settled through mediation, no new case, new reasons, a plaintiff in a suit again within six months, will not be accepted.

The law committee draft recommendations will be 111st to 123rd, is amended as: the people's court for the prosecution, respectively, to deal with:

(a) in accordance with the provisions of the administrative litigation law, belongs to the scope of accepting cases of administrative litigation, inform the plaintiff bring an administrative lawsuit;

(two) in accordance with the law, both parties reach a written arbitration agreement shall apply for arbitration, the people's court, notify the plaintiff to an arbitration institution for arbitration;

(three) in accordance with the law, shall be dealt with by other organs of the dispute, notify the plaintiff to apply to the relevant organ for settlement;

(four) do not belong to the jurisdiction of the case, the people's court to inform the plaintiff to have jurisdiction over the lawsuit;

(five), on the decision, ruled that a legally effective mediation book case, the prosecution, notify the plaintiff to apply for a retrial, the people's court to withdraw the ruling but except;

(six) in accordance with the law, shall not be prosecuted the case within a certain period of time, the prosecution in the prosecution not within the time limit, shall not be accepted;

(seven) the judgment does not divorce mediation of divorce cases, judgment, adoption cases settled through mediation, no new case, new reasons, a plaintiff in a suit again within six months, will not be accepted.

The Law Committee of the draft amendments will agree. But the proposed increase in a [inadmissible shall issue a ruling]:

The case by the court after the interpretation still adhere to the prosecution, the court shall make a ruling of rejection.

Reason: should give to stake his claim party a timely relief way, which can not accept to appeal the decision, in order to avoid individual court judge is not responsible for any dispute settlement will shift to other institutions.

The 112nd people's court receives a statement of complaint or an oral complaint, upon examination, that meet the conditions of prosecution, shall be filed within seven days, and notify the party concerned; it does not meet the conditions of prosecution, shall make a ruling within seven days will not be accepted; the plaintiff is dissatisfied with the ruling, it may file an appeal.

The Law Committee of the draft proposed to amend the 122nd the people's court shall safeguard the parties in accordance with the law to enjoy the right to sue. In accordance with the law article 118th prosecution, must accept. In line with the conditions for prosecution, shall be filed within seven days, and notify the party concerned; do not meet the conditions of prosecution, shall make a ruling within seven days, will not be accepted; the plaintiff is dissatisfied with the ruling, it may file an appeal.

The Law Committee of the draft amendments agreed, but suggested adding a court refused to issue the [ruling] shall not accept relief:

The people's Court refused to charge the parties submit the complaint, or charge within seven days after the filing nor neither make a written order not filing the case, the parties may apply to the people's court post indictment; sent out seven days later, the people's court has neither filed did not make a written ruling shall not be made case, the parties may file the problem of appeal.

Reason: to solve the case, to alleviate the problem of difficult to appeal, complaint letters and visits.

112nd court receives a statement of complaint or an oral complaint, upon examination, that meet the conditions of prosecution, shall be filed within seven days, and notify the party concerned; it does not meet the conditions of prosecution, shall make a ruling within seven days will not be accepted; the plaintiff is dissatisfied with the ruling, it may file an appeal.

The second section preparations for trial

Article 113rd the people's court shall in the case within five days from the date of send a copy of the indictment to the defendant, the defendant has present a written reply within fifteen days of the date of the receipt.

The defendant files a defence, the people's court shall within five days will send a copy of the plaintiff in reply received day. A bill of defence shall not affect the court hearing.

This would suggest that the amended as follows [compulsory defense obligations]:

The defendant should be in receipt of notice and civil indictment copy within twenty days from the date of submission of civil pleading, and puts forward the copies in accordance with the number of the other party. The reply shall record:

(a) made a clear statement to agree or disagree with the claim of the plaintiff litigation request; in case of any dispute, shall be itemized statement does not agree with the reason;

(two) the main facts of the plaintiff's clear statement admit or not admit; in case of any dispute, shall be itemized statement dispute and the reasons.

Reason: the current "Civil Procedure Law" stipulated only defendants in the reply period "can" to submit the written pleadings, and does not require the defendant "must" provide the written pleadings. Thus the respondent in the current legislation there is just a right, not the obligation. In practice, the defendant is not submitted Pleadings is often to proceedings in the trial in order to obtain the advantage of raid, litigation. The existing provisions is extremely unfair for the plaintiff, also influence the efficiency of the proceedings. And forced the defendant and not defense losing right is the provisions of the civil procedure in most countries of the world. The defendant must be within the prescribed period for the plaintiffs were positive response and substantive reply, otherwise, the defendant shall bear the adverse consequences; especially in the case of no reply, the court may directly without trial in accordance with the plaintiff's claim. This helps to prevent the defendant lawsuit assault against the plaintiff, the court trial is not conducive to the smooth. At the same time, in view of the legal quality of our party is still under the provisions, should not be "no defense mechanism of power".

This would suggest a defendant qualification objection [Party]:

The defendant after receiving the "notice" and "civil indictment copy", that one or both of the parties is not proper, can be in legal defense during the inward court his dissent in writing and shall also submit the relevant evidence.

The defendant written party qualification objection, court shall suspend the case entity trial, special trial procedure whether the parties proper.

Reason: to save the cost of justice, safeguard the rights of the parties.

Keep 114th to 119th.

The third day trial

The law committee draft recommendations to increase a, as the 132nd: People's Court on the admissibility of the case, respectively, to deal with:

(a) did not dispute the parties can apply for, the supervising procedure, to supervise the program;

(two) the parties dispute, mediation and other ways to settle disputes in time;

(three) according to the nature of the case, to determine the application of simple procedure or the ordinary procedure;

(four) the court session is required, to request the parties to exchange evidence, clear the focus of controversy.

The Law Committee of the draft amendments will agree.

Keep 120th to 123rd.

Article 124th the court investigation shall be conducted in the following order:

(a) statements of the parties;

(two) inform the witnesses of their rights and obligations, witnesses, read the testimony of witnesses who are not present in court;

(three) presentation of documentary evidence, material evidence and audio-visual materials;

(four) the identification conclusion;

(five) read the transcripts of inspection.

The Law Committee of the draft proposed to amend the 137th court investigation shall be conducted in the following order:

(a) statements of the parties;

(two) inform the witnesses of their rights and obligations, witnesses, read the testimony of witnesses who are not present in court;

(three) presentation of documentary evidence, material evidence, audiovisual and electronic data;

(four) read the expert opinion;

(five) read the transcripts of inspection.

This would suggest reasonable] to three [the court investigation evidence, proof order:

The first court investigation procedure shall be carried out according to the following order:

(a) statements of the parties;

(two) the parties burden of proof and evidence;

(three) the collegiate panel, confirming evidence admissible;

(four) the collegial panel announced admissibility of evidence of the parties.

If a party refuses to accept a collegial panel evidence admissibility of opinion, can undertake averment.

Article second the statements of the parties shall be carried out according to the following order:

(a) the plaintiff litigation request statement and fact, reason, it may be necessary to read out the indictment;

(two) the defendant respondent opinions, when necessary, can read the pleadings;

(three) the parties are facts on the other, when necessary, the collegial panel may question or interpretation.

Article third party the burden of proof and evidence shall be carried out according to the following order:

(a) the plaintiff by the defendant proof, one by one examination;

(two) the burden of proof the plaintiff evidence one by one, one by one;

(three) the identification conclusion authentication institution entrusted by the court read the court made and court records of inspection, investigation records, the quality certificate.

Evidence of the collegial panel allows, the parties may debate.

Reason: the law (adducing evidences to the judge and the types of evidence as the center) has been out of date, in the practice of litigation has been judicial interpretation (adducing evidences to the parties to the center) to replace.

This would suggest a cross examination []:

In court investigation process, the witness, the appraiser read appraisal conclusion or inspectors to read records of inspection, the collegial panel shall allow the parties were cross examination of the witness, expert or the inspector in the interactive inquiry method.

The party applying for witnesses to testify in court or apply for accreditation shall apply, by one of the parties directly asked first, and then by the other party to ask, when necessary, the parties interact asked again, until they think there is no need to ask.

The collegial panel on its decision to witness or identification, inspection, the plaintiff should first ask directly, and then anti examination by the defendant, when necessary, the parties interact asked again, until the parties did not think it necessary to ask for the check.

Reason: the authenticity of testimony of witness to test.

This would suggest adding a [the court investigation evidence authentication and inductive]:

In the court investigation, the collegial panel shall be provided on both sides and the evidence one by one examination, certification.

Prior to the start of the court debate in the court investigation ended, the collegial panel shall on the court investigation results are confirmed, guide the parties in court on the basis of investigation and confirmation of the facts and evidence.

Reason: conducive to the effective cross examination and debate the rights protection of parties.

Keep 125th, 126th.

Article 127th the court debate shall be conducted in the following order:

(a) the plaintiff and his agents ad litem to speak;

(two) the defendant and his agent ad litem reply;

(three) third people and his agent ad litem or defense speech;

(four) debate with each other.

The end of the court debate, the presiding judge, the defendant, the plaintiff third order for the final opinions of the parties concerned.

This would suggest that the amended as follows [rational] court order:

The court debate shall be performed in accordance with the following order procedure:

(1) the court declared that the rules of debate;

(2) the plaintiff and his agents ad litem to speak;

(3) the defendant and the plaintiff to speak;

(4) the collegial panel and solicit the opinions of the parties concerned shall, clear the debate;

(5) the plaintiff and defendant debate with each other.

After the end of the court debate, the collegial panel shall collegiate debating, summary.

Reason: keeping pace with the times, with the current judicial interpretation consistent.

This would suggest a debate [rights]:

The court debate, unless the duplication has debated the content or the irrelevant content, the collegial panel shall not prevent.

A party may interrupt the other party's speech, when necessary, to apply to the collegiate bench show of hands.

The court debate, the collegial panel shall not be the nature of the case, is irresponsible comment, not with the parties debate.

The court shall complete statement of the parties oral and written arguments, and on whether to adopt the views of the parties and the reasons are explained, otherwise should remand.

Reason: to ensure the parties debate right, preventing judicial arbitrary.

This would suggest a forensic evidence [based]:

The parties shall use the court or court investigation procedure evidence exchange evidence before the court, and the court the Court confirmed the authenticity, legitimacy, relevance of evidence.

The court shall clarify whether or not to accept the evidence reason in the judgment.

Reason: to effectively protect the rights of the debate and debate.

Keep 128th to 134th.

Article 135th the people's court shall apply the ordinary procedure case on record, shall be concluded within six months. If extension is needed, approved by the president of the court, can be extended to six months; also need to extend, be approved by the people's court at a higher level.

This would suggest the following [Dean extended time limits to modify]:

The people's court shall apply the ordinary procedure case on record, shall be concluded within six months. If extension is needed, approved by the president of the court, can be extended to three months; also need to extend, be approved by the people's court at a higher level.

Reasons: to extend the period is shortened from six months to three months, to avoid the dean Yan Changquan abuse leads to long time to extend the deadline, leading to cases of long procrastinate not fixed, damage the interests of the parties.

Keep 136th to 137th.

Article 138th the judgment shall be indicated:

(a), the claims, facts and reasons of the dispute;

(two) judgment facts, reasons and basis of application of the law;

(three) the verdict and the burden of the cost of litigation;

(four) during the appeal and the court of appeals.

Signed by the judge and the recording clerk, sealed by the people's court.

Law Commission working draft recommendations will be 138th to 151st, the first paragraph is revised as follows: "judgment shall state the verdict and make the judgment reason. Judgment includes:

"(a), the claims, facts and reasons of the dispute;

"(two) as found in the judgment of facts and the applicable law and reason;

"(three) the verdict and the burden of the cost of litigation;

"(four) during the appeal and the court of appeals."

This would agree with the Law Committee of the draft amendments to recommendations, and add an article (two) as a [judgment must record evidence and debate] are extended, the rest of the:

(two) the parties on the basis of the evidence and the parties to the debate or agency comments;

Reason: a lot of the court lacks the contents, not enough to lock the trial court all the facts, provided the conditions for perverting the law.

Keep 139th.

The law committee draft recommendations will be 140th to 153rd, the first paragraph is revised as follows: "the decision of the ruling shall clearly state the reasons for the determination and make. Ruling scope:

(a) will not be accepted;

(two) has an objection to jurisdiction;

(three) the prosecution dismissed;

(four) the preservation and execution;

(five) approval or disapproval of withdrawal;

(six) suspension or termination of proceedings;

(seven) correction of errata in the judgment;

(eight) suspension or termination of execution;

(nine) the disallowed execution of an arbitral award;

(ten) not enforcing notary public debt instruments enforceability granted;

(eleven) other determinations resolving matters.

The Law Committee of the draft amendments will agree.

Keep 141st.

The law committee draft proposal shall be added to, as the 155th public access to a legally effective judgment, ruling, except those involving state secrets, commercial secrets or personal privacy content.

The Law Committee of the draft amendments will agree.

The thirteenth chapter summary procedure

The Law Committee of the draft proposal 142nd changed to 156th, one paragraph is added as the second paragraph: ", referred to in the preceding paragraph outside the civil case, both parties can also agree to apply summary procedure.

The Law Committee of the draft amendments will agree.

Keep 143rd.

The law committee draft recommendations will be 144th to 158th, is amended as: trying simple civil cases in the basic people's court and the tribunals dispatched by it may use simplified methods, to summon the parties and witnesses, the service of legal documents, the trial of the case, but shall guarantee the parties statements on the right.

The Law Committee of the draft amendments will agree.

The law committee draft proposal shall be added to, as the 161st basic people's courts and the tribunals dispatched by it trial bid five thousand yuan the following civil cases, execute a court.

The Law Committee of the draft amendments will agree.

Keep 145th to 147th.

148th appeal petition shall be submitted. The content of the appeal petition shall include the names of the parties, legal person, name and the name of the legal representative of the name or any other organization and the name of the person in charge; the name of the trial court, and the number of the appeal and the reasons.

The Law Committee of the draft proposed to amend the 163rd appeal petition shall be submitted. The appeal shall include the following contents:

(a) the name, gender, age, nationality, occupation, work, residence, ID number, contact information, name, address of the person or other organization and the legal representative or principal responsible person name, position, contact;

(two) the name of the trial court, the case number and;

(three) the appeal and the reasons.

The Law Committee of the draft amendments will agree.

Keep 149th to 151st.

This would suggest adding a [Second] during the preservation processing:

The parties in the people's Court of second instance trial period for preservation or apply to extend the preservation period, the people's Court of second instance applied for by the parties or the authority to take.

Summary or ruling shall take effect second trial, the plaintiff, the people's court shall immediately lift the plaintiff had to provide security and maintain the preservation measures until the termination of execution so far; the plaintiff loses the case, the people's court shall immediately release the preservative measures.

Reason: to ensure the preservation of the timeliness and effectiveness, or rescind or guarantee, the parties in the people's Court of second instance trial period for preservation or apply to extend the preservation period, the people's Court of second instance trial court shall be responsible for handling.

152nd people's Court of second instance shall form a collegial panel case on appeal, the trial. After checking and investigation, ask the parties, check in after the fact, collegial panel considers that it is not necessary to conduct a trial, it may make a judgment, ruling.

The people's Court of second instance trial of a case on appeal, can be carried out in the Institute, also can be the case or the place of the trial court.

The proposal to delete "after scoring and investigations, inquiries of the parties concerned, check in after the fact, collegial panel considers that it is not necessary to conduct a trial, it may make a judgment, ruling" [in] the abolition of the written proceedings.

Reason: "Civil Procedure Law" provisions of article 152nd of the second instance trial (diameter can be marking inquiry judgment), the prevalence of these laws and judicial policy about hearing vague regulations led to a written hearing, the trial process program development is not fully, in practice the vast majority of cases are in the so-called "talk" can not change, can change the firm does not change; the vast majority of cases was upheld, rarely changed or remand, even a trial judge has a serious problem. In the trial, the court of second instance court to make a judgment has no power, but also often lead to second instance procedure but a formality, it is difficult to realize the second process of correction and supervision function, leading to so-called two-tier trial system transformation as the de facto one judge final system.

Article 153rd the people's Court of second instance cases on appeal, after hearing, according to the following circumstances, respectively:

(a) in the original judgment, the correct application of law, dismiss the appeal decision, upheld the original verdict;

(two) the original judgment error in the application of the law, the judgment shall be amended according to;

(three) the original judgment error of fact, or the original judgment facts unclear, insufficient evidence, rescind the original judgment, the people's court remanded retrial, or find out the facts adjudged;

(four) the original judgment in violation of legal procedures, may affect the correct judgment of the case, ruled that the revocation of the original sentence, back to the trial court for a retrial.

The parties to the case for retrial judgment, ruling, can appeal.

The Law Committee proposed to amend the draft of article 168th, the people's Court of second instance cases on appeal, after hearing, according to the following circumstances, respectively:

(a) in the original judgment, the correct application of law, dismiss the appeal decision, upheld the original verdict;

(two) the original judgment error error of fact or law, the judgment shall be amended according to;

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

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

The people's court ruled on rehearing of the case, the parties filed an appeal, the people's Court of second instance shall make a decision.

The Law Committee of the draft amendments will agree.

Keep 154th to 159th.

The fifteenth chapter of the special procedures

Section 1 General Provisions

160th people's court hears a case, eligible voters declaration of a person as missing or death case, ascertainment of a citizen's incapacity or restricted capacity for civil conduct case and the property as ownerless, the provisions of this chapter shall apply. No provision of this chapter, apply the relevant provisions of this Law and other laws.

The Law Committee of the draft proposed to amend the 175th court, eligible voters declaration of a person as missing or death case, ascertainment of a citizen's incapacity or restricted capacity for civil conduct case, a property as ownerless, confirm the mediation agreement and for realizing the real rights for security cases, the provisions of this chapter shall apply. No provision of this chapter, apply the relevant provisions of this Law and other laws.

The Law Committee of the draft amendments will agree.

Keep 161st to 163rd.

Section second of eligible voters cases

Keep 164th, 165th.

The third section is declared missing, declaration of death cases

Keep 166th to 168th.

This would suggest a:

[other interested parties must participate in the proceedings] an interested party applying for the declaration of a missing or dead, the court must notice or public announcement by the close relatives and other interested parties to participate in the proceedings.

[declared missing, declaration of death cases must be trial] court of declared missing, declaration of death cases should be on trial, and allow the applicant, the applicant and all to participate in the proceedings are interested parties of the cross examination and debate.

Reason: the litigation practice often individual interested people to citizens in the declaration of a missing or dead malicious application abuse of judicial procedures of other close relatives and other interested parties without the knowledge of.

Keep 169th.

The fourth section the ascertainment of a citizen's no capacity for civil conduct, limiting case of civil action competence

Keep 170th to 172nd.

This would suggest increased four, to perfect the ascertainment of a citizen without civil capacity, limited capacity for civil conduct procedures and application cases are suspected of having a mental disorder forced diagnostic program:

The first [other interested parties must participate in the proceedings] an interested party an application for ascertainment of a citizen without civil capacity, limited capacity for civil conduct, the court must notice or public announcement by the close relatives and other interested parties to participate in the proceedings.

Second [the ascertainment of a citizen's no capacity for civil conduct, limiting case of civil action competence must trial] court no capacity for civil conduct, limiting case of civil action competence should be hearing on the ascertainment of a citizen, and allow the applicant, by the applicant and all participate in the lawsuit parties cross examination and debate.

Third suspected patients with mental disorders [were] compulsory judicial relief in patients with suspected mental disorder harm personal safety behavior of others or harm public security behavior, or there is evidence to prove the possible harm personal safety behavior of others or harm public security behavior, by the public security authorities sent to specialized medical institutions for mental disorder diagnosis conclusion the diagnosis of suspected mental disorder, the patients themselves or their close relatives of the medical institution to make objection, may within fifteen days of the patients at the basic level people's court for confirmation of domicile of the behavior.

The people's court accepted the applicant's application, shall within three days form a collegial panel, the application is sent to the applicant and to inform patients of suspected mental disorder of all other close relatives to the identity of the third in that program.

Suspected patients with mental disorders me apply, have the right to entrust agents ad litem.

The people's court shall form a collegial panel, and in five days to specify the judicial authentication institutions mental disorders were identified for applicant.

Fourth [compulsory psychiatric inpatients with judicial remedy] I in patients with intermittent mental disorders and mental disorders, near relatives or guardians medical institution to make involuntary hospitalization treatment decisions, can be in fifteen days to a people's court for revocation of the decision.

The people's court accepted the applicant's application, shall within three days form a collegial panel, the application is sent to the applicant in patients with mental disorders and notify all other close relatives in that program to the identity of the third. The applicant has the right to entrust agent.

The people's court shall within five days of the trial in the treatment of identification of the conclusions made in inpatients with mental disorders.

Reason: the litigation practice often individual interested people to malicious ascertainment of a citizen without civil capacity, limited capacity for civil conduct of civil judicial procedures of abuse of other close relatives and other interested parties without the knowledge, in a few cases the petition for "mental illness" and the lack of relief channels, cohesion the establishment of a mechanism to establish civil procedural law and is made up of the mental health act, the effective protection of basic human rights.

Keep 173rd.

The fifth section property as ownerless

Keep 174th to 176th.

The law committee draft proposal increased section: Sixth confirmed cases of the mediation agreement

192nd for judicial confirmation of the mediation agreement by both parties in accordance with the law, the people's mediation method, within thirty days since the effective mediation agreement, mediation organization to the basic people's court at the place.

This would suggest that [a party can apply for confirmation of the mediation agreement]: will this article in the "common to the mediation organization at the basic level people's court" is amended as: "any party may apply to the mediation organization at the basic level people's court".

Reason: to apply for judicial confirmation of the mediation agreement often out of one of the parties will, the possibility of practice "common" little application for confirmation.

193rd people's court after the acceptance of the application, after examination, in accordance with the law, that the effect of the mediation agreement, a party refuses to perform or fails to fully perform, the other party may apply to the people's court for enforcement; do not comply with the provisions of the law, the court rejected the request, the parties may change the original settlement agreement through conciliation or reach a new the mediation agreement, or bring a lawsuit to the people's court.

The Law Committee of the draft amendments will agree.

The law committee draft recommendations: increase a seventh day guarantee property cases

194th for the realization of security interest, by the guarantor, the law in accordance with the law, to guarantee the basic people's court in the place where the property is located.

195th people's court after the acceptance of the application, after examination, in accordance with the law, ruling auction, sold the property for security, one of the parties refuses to perform or fails to fully perform, the other party may apply to the people's court for enforcement; do not comply with the provisions of the law, the court rejected the request, the parties may bring a lawsuit to the people's court.

The Law Committee of the draft amendments will agree.

The sixteenth chapter is the procedure for trial supervision

Keep 177th.

178th if a party to a legally effective judgment, ruling, that is wrong, may apply to a people's court at a higher level for retrial, but it does not stop the execution of the ruling, decision.

The Law Committee of the draft proposed to amend the 197th parties in a legally effective judgment, ruling, that is wrong, may apply to a people's court at a higher level for retrial; occurs in cases between citizens, can also apply to the people's court for retrial. The parties apply for a retrial, judgment, execution of the ruling shall not stop.

The Law Committee of the draft amendments will agree.

Article 179th party for one of the following circumstances, the people's court shall review:

(a) there is new evidence, to reverse the original judgment, ruling;

(two) the original decision, ruled that the basic facts of the lack of evidence;

(three) the original judgment, ruling the main evidence for ascertaining the facts is false;

(four) the original judgment, ruling the main evidence for ascertaining the facts without quality certificates;

(five) the evidence necessary for the trial of the case, the parties because of objective reasons can not be collected, the people's court for a written investigation and collection, the people's court has not collected;

(six) the original judgment, that there is some error in the application of the law;

(seven) in violation of the provisions of laws, jurisdiction in error;

(eight) the judicial officers. Judicial organization of illegal or should be avoided in accordance with the law without avoidance;

(nine) without the capacity for action without statutory agent or litigation shall be parties, because you cannot blame themselves or their agents ad litem reasons, did not participate in the proceedings;

(ten) in violation of the provisions of laws, depriving party debate right;

(eleven) has not been served with a summons, judgment by default;

(twelve) the original decision, ruled that the omission or beyond the litigation request;

(thirteen) according to legal instruments to make the original decision, ruled that the revocation or modification.

Violation of statutory procedures may affect the case of the correct decision, ruled that the case, or the trial in the case when there is corruption, play favouritism and commit irregularities, behavior perverted the law, the people's court shall review.

The Law Committee to revise the draft recommendations for the 198th party for one of the following circumstances, the people's court shall review:

(a) there is new evidence, to reverse the original judgment, ruling;

(two) the original decision, ruled that the basic facts of the lack of evidence;

(three) the original judgment, ruling the main evidence for ascertaining the facts is false;

(four) the original judgment, ruling the main evidence for ascertaining the facts without quality certificates;

(five) the main evidence on hearing cases need for objective reasons, the parties can not be collected, the people's court for a written investigation and collection, the people's court has not collected;

(six) the original judgment, that there is some error in the application of the law;

(seven) the judicial officers. Judicial organization of illegal or should be avoided in accordance with the law without avoidance;

(eight) without the capacity for action without statutory agent or litigation shall be parties, because you cannot blame themselves or their agents ad litem reasons, did not participate in the proceedings;

(nine) in violation of the provisions of laws, depriving party debate right;

(ten) has not been served with a summons, judgment by default;

(eleven) the original decision, ruled that the omission or beyond the litigation request;

(twelve) according to legal instruments to make the original decision, ruled that the revocation or modification;

(thirteen) the trial of the case with corruption and bribery, play favouritism and commit irregularities, perverted the law behavior.

This would agree with the Law Committee the draft amendments, and proposed to increase, as the one hundred and ninety-nine:

[keep] jurisdiction jurisdiction may apply for a retrial of the wrong wrong, the parties concerned may apply for a retrial, the people's court shall review.

[case] omissions may apply for a retrial should be necessary joint litigants outsider outsider, or on the implementation of the subject matter of claims and can not bring the new litigation to resolve disputes, the case may apply for a retrial, the people's court shall review.

Reason: the first is the 2007 "amendment to the civil procedure law" just modify the contents, and local protection in judicial practice, is very serious, once the wrong jurisdiction, litigation results most side down, not soon abolished. The second paragraph is 2008 the Supreme People's court for judicial interpretation, which is "on the application of the" problems of PRC Civil Procedure Law, the procedure for trial supervision "in the interpretation of article fifth and article forty-second relates to an outsider retrial conditions and how to deal with the opinion, should absorb method.

Keep 180th.

Article 181st the people's court shall review within three months from receipt of the application for retrial, in accordance with the law the 179th regulation circumstances, ruling retrial; do not conform to the provisions of article 179th, the court rejected the application. If extension is needed, approved by the president of the court.

The application of a party concerned, ruling retrial cases tried by a people's court above the intermediate people's court. The Supreme People's court, the higher people's Court of retrial case, the court retrial or make other people's court for retrial, the people's Court of retrial can also cross.

The Law Committee of the draft proposed to amend the 202nd the people's court shall review within three months from receipt of the application for retrial, in accordance with the provisions of this law, ruling retrial; do not conform to the provisions of this law, the court rejected the application. If extension is needed, approved by the president of the court.

The application of a party concerned, ruling retrial cases tried by a people's court above the intermediate people's court. The Supreme People's court, the higher people's Court of retrial case, the court retrial or make other people's court for retrial, the people's Court of retrial can also cross.

This would agree with the Law Committee of the draft amendments to recommendations, and in the first paragraph of the article after a prolonged time limits [Dean]:

Approved by the president of the extension of no longer than two months, and only approved the extension of time.

Reason: avoid Dean Yan Changquan abuse leads to the indefinite extension of time limit, leading to cases of long procrastinate not fixed, damage the interests of the parties.

Article 182nd the parties to a legally effective mediation book, provides evidence proving that the mediation violates the principle of voluntariness or that the content of the mediation agreement in violation of law, may apply for retrial. The people's court to review the case, shall the retrial.

The Law Committee of the draft proposed to amend the 199th parties to a legally effective mediation book, provides evidence proving that the mediation violates the principle of voluntariness or that the content of the mediation agreement in violation of law, may apply for retrial. The people's court to review the case, shall the retrial.

The Law Committee of the draft amendments will agree.

Article 183rd the parties to a legally effective judgment on dissolution of marriage, shall apply for a retrial.

The Law Committee of the draft proposed changes to 200th parties for a legally effective judgment, the dissolution of the marriage mediation book, shall apply for a retrial.

The Law Committee of the draft amendments will agree.

Keep 184th.

The 185th decision in the case of retrial according to the procedure of judicial supervision, order to suspend the execution of the original judgment. Ruled by the president signed, sealed by the people's court.

The Law Committee of the draft proposed to amend the 204th decision in the case of retrial according to the procedure for trial supervision, the original judgment shall be suspended, the execution of the conciliation statement.

The Law Committee of the draft amendments will agree.

Keep 186th.

Article 187th the Supreme People's Procuratorate of the people's courts at all levels have a legally effective judgment, ruling, the people's Procuratorate at a higher level to the lower level people's court a legally effective judgment, ruling, found the law the 179th regulation circumstances, it shall lodge a protest.

Local people's procuratorates of the people's courts at the same level a legally effective judgment, ruling, found the law the 179th regulation circumstances, it shall be submitted to the people's Procuratorate at a higher level to the people's court at the same level of protest.

The Law Committee of the draft proposed to amend the 206th the Supreme People's Procuratorate of the people's courts at all levels have a legally effective judgment, ruling, the people's Procuratorate at a higher level to the lower level people's court a legally effective judgment, ruling, found the law the 198th regulation circumstances, or find public interest mediation book damage to society, should be put forward the protest.

"Local people's procuratorates of the people's courts at the same level a legally effective judgment, ruling, found the law the 198th regulation circumstances, or find public interest mediation book damage to society, can put forward retrial procuratorial suggestions to the people's court at the same level, also may request the people's Procuratorate at a higher level to lodge a protest to the people's court at the same level.

The Law Committee of the draft amendments will agree.

The Law Committee of the draft proposal to increase two, as 207th, 208th:

Article 207th in any of the following circumstances, the parties may apply to the people's Procuratorate to apply for retrial procuratorial suggestions or protest:

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

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

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

The people's Procuratorate proposed retrial procuratorial suggestions or protest, the people's court for retrial, the people's Procuratorate shall not to apply for a retrial procuratorial suggestions or protest.

Article 208th the people's Procuratorate for proposed retrial procuratorial suggestions or protest, can refer to the people's court files, and can provide a party or an outsider investigations to verify the situation.

The Law Committee of the draft amendments will agree.

188th a case protested by the people's Procuratorate, accepted by a people's court shall make a retrial ruling within thirty days after receiving the protest; the 179th paragraph (a) to (five) provision of circumstances, can be given by a higher people's Court of retrial.

The Law Committee of the draft proposed to amend the 209th case protested by the people's Procuratorate, accepted by a people's court shall make a retrial ruling within thirty days after receiving the protest; the law of article 198th (a) to (five) provision of circumstances, can make people's Court level for retrial, but the people's court retrial except.

The Law Committee of the draft amendments will agree.

Article 189th a people's Procuratorate decides the people's court, ruled that the protest, it shall produce a written protest.

Revisions to the people's court judgment, ruling, mediation book protested by a people's Procuratorate for 210th, it shall produce a written protest.

The Law Committee of the draft amendments will agree.

Keep 190th.

The seventeenth chapter supervision procedure

Keep 191st to 193rd.

The 194th people's court received a written objection submitted by the debtor, shall decide to terminate the procedure, shall automatically cease to be in force, the creditor can sue.

The Law Committee of the draft proposed to amend the 215th court received a written objection submitted by the debtor, upon review, objection, it shall make a ruling to terminate the procedure for hastening debt recovery, shall automatically cease to be in force.

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

The Law Committee of the draft amendments will agree.

The eighteenth chapter, the procedure of public summons

Keep 195th to 200th.

The third procedure of execution

Chapter nineteenth general provisions

Keep 201st to 207th.

The law committee draft proposal shall be added to, as the 228Th execution applicant due to fraud, coercion and execution to reach a settlement agreement, or the parties fails to fulfill the settlement agreement, the people's court may upon application of the party concerned, restore the execution of the original effective legal document.

The Law Committee of the draft amendments will agree.

Keep 208th to 215th.

Article 213rd the arbitration ruling institutions established in accordance with the law, if a party fails, the other party may apply to the people's court with jurisdiction for enforcement. The people's court shall enforce the application.

The applicant provides evidence proving that the arbitration award in any of the following circumstances, the people's court collegiate bench, not be ruled out:

(a) the parties in the contract does not contain an arbitration clause or have not subsequently reached a written agreement on arbitration;

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

(three) the composition of the arbitration tribunal or the procedure of arbitration in violation of legal procedures;

(four) the main evidence for ascertaining the facts is insufficient;

(five) there is error in the application of the law;

(six) the arbitrators have taken bribes, play favouritism and commit irregularities in the arbitration of the case, the law ruling.

The people's court determines that the execution of the arbitral award is against the social and public interests, the ruling shall not be executed.

The order shall be served on both parties and the arbitral organ.

The arbitration award by the people's court shall refuse to execute, the parties may reach a written agreement on arbitration for arbitration again, also can sue to people court.

This would suggest adding a [apply for revocation of arbitration award shall not rejected a petition for not enforcing]:

The arbitration award by the people's court may not be revoked, the applicant shall not apply for not enforcing.

Reason: in arbitration practice, legislative conflicts often encounter is fifty-eighth arbitration law and civil procedure law provisions of article 213rd of the condition is not consistent, often the parties can apply for revocation of the award of the arbitration award, and the application will not be executed, and accepted by the court is not the same, so the legislation gave birth to many judicial confusion. In the implementation of the provisions of article two, and the emergence of a foreign arbitration and domestic arbitration application and trial of different standards, the contradiction. Some parties shall cancel the award decision on court refuses to execute or incorrect, that the appeal or complaint.

216th executive receiving the written application for enforcement or the transfer of enforcement, shall issue an enforcement notice to the person subjected to execution, shall be ordered to perform within a specified period, exceeds the time limit does not fulfill, compulsory execution.

The person subjected to execution fails to perform the obligations specified in the legal document, and may conceal, transfer of property, the execution officer may take enforcement measures.

The Law Committee of the draft proposed to amend the 237th executive receiving the written application for enforcement or the transfer of enforcement, shall issue an enforcement notice to the person subjected to execution, and can immediately take enforcement measures.

The Law Committee of the draft amendments will agree.

The twenty-first chapter execution measures

Keep 217th.

The 218th is the person concerned refuses to carry out the obligations specified in the legal document, the people's court shall have the right to banks, credit cooperatives and other savings institutions query is executed the deposit accounts of the person, has the right to freeze, transfer his deposits, but the inquiry, freeze, transfer of the deposits shall not exceed the scope of execution who shall perform the obligations.

The decision of the people's court to freeze or transfer the deposits, shall make a ruling, and issue a notice for assistance in execution, banks, credit cooperatives and other savings institutions must apply for.

The Law Committee of the draft proposed to amend the 239th is the person concerned refuses to carry out the obligations specified in the legal document, the people's court shall have the right to inquire about the deposits of the person subjected to execution units, bond, stock, fund, property. The people's court shall have the right according to different circumstances, freezing, seizure, proceeds from the transfer of the person to be enforced property. The people's court seizure, freezing, query, transfer, change of property shall not exceed the scope of the obligations to be fulfilled by the executor.

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

The Law Committee of the draft amendments will agree.

Keep 219th to 222nd.

223rd a property has been sealed up, detained, the execution officer shall order the person to be enforced to perform the obligations specified in the legal document within a specified period of time. The person subjected to execution fails to perform within the time limit, the people's court may in accordance with the relevant units to auction or sell the seized, seizure of property. Prohibition of free trading goods, pay the relevant units in accordance with the provisions of the purchase price.

The Law Committee of the draft proposed to amend the 244th property has been sealed up, detained, the execution officer shall order the person to be enforced to perform the obligations specified in the legal document within a specified period of time. The person subjected to execution fails to perform within the time limit, the people's court shall auction was seized, seizure of property; not suitable for auction or the parties agree not to auction, the people's court may entrust the relevant units sold or to sell. Prohibition of free trading goods, pay the relevant units in accordance with the provisions of the purchase price.

The Law Committee of the draft amendments will agree.

Keep 224th to 230th.

231st execution fails to perform the obligations specified in the legal document, the people's court may adopt or notify relevant units to assist in taking exit restrictions, records on the credit system, announced through the media does not perform the obligation of information and other measures provided for by law.

The proposed changes to the high consumption behavior, in the subsequent increase in spending limits limit content [people] do not fulfill their obligations:

The person subjected to execution fails to perform the obligations specified in the legal document, the people's court may adopt or notify relevant units to assist in taking exit restrictions, limiting the high consumption behavior of the ride public transportation outside the basic life expenditure, outside of the transportation, in the star rated hotels, records on the credit system, announced through the media do not fulfill their obligations information and other measures provided for by law."

Reason: the person to be enforced only when there is no real capacity to pay of the situation can not fulfill the obligations specified in the legal document, such as a high consumption behavior on public traffic accident beyond basic life expenditure, transportation, in star rated hotels, in essence, is refusing to perform effective judgment, once discovered, in order to effectively alleviate the execution shall be sanctions, the difficult problem. In judicial practice, but also local governments actually according to the execution, good results.

The twenty-second chapter suspension and termination of execution

Keep 232nd to 234th.

Special provisions fourth series of foreign-related civil proceedings

The twenty-third chapter general principles

Keep 235th to 240th.

The twenty-fourth chapter jurisdiction

Keep 241st.

242nd foreign contract or foreign-related disputes over property rights and interests of the parties, jurisdiction can be a written agreement to choose has practical connections with the dispute to the court of the place. Under the jurisdiction of the people's Court of the people's Republic of China selected, shall not violate the provisions of this Law on jurisdiction.

Delete 242nd suggestions law committee draft

The Law Committee of the draft amendments will agree.

243rd foreign civil proceedings the defendant raises no objection to the jurisdiction of a people's court, and responding to the respondent, be deemed to have accepted that this people's court has jurisdiction over the court.

Delete 243rd suggestions Law Committee draft.

The Law Committee of the draft amendments will agree.

Keep 244th.

The twenty-fifth chapter, during the service

The 245th people's court litigation documents on has no domicile in the people's Republic of China within the party, can adopt the following methods:

(a) served in accordance with the provisions of the country where the person resides and concluded by 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 addressee agent has the right to receive the service for it the agent ad litem;

(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 agent service;

(six) the law of the country where the addressee permits service by post, may be served by post mail, since the date of six months, the receipt of no return, but according to various circumstances justify the assumption that has been delivered, the expiration of the period of service shall be deemed the date;

(seven) cannot be served by the above methods, served notice, since the date of the announcement over six months, the document shall be deemed to.

The Law Committee of the draft recommendations for the 264th people's court litigation documents on has no domicile in the people's Republic of China within the party, can adopt the following methods:

(a) served in accordance with the provisions of the country where the person resides and concluded by 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 addressee agents ad litem commissioned 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 agent service;

(six) the law of the country where the addressee permits service by post, may be served by post mail, since the date of three months, the receipt of no return, but according to various circumstances justify the assumption that has been delivered, the expiration of the period of service shall be deemed the date;

(seven) by fax, email to confirm the person to be served on all the way;

(eight) cannot be served by the above methods, served notice, since the date of the announcement over six months, the document shall be deemed to.

The Law Committee of the draft amendments will agree.

Keep 246th to 248th.

The twenty-sixth chapter property preservation

The 249th party can be in accordance with the provisions of article ninety-second to the people's court for property preservation.

Interested parties may, in accordance with the provisions of article ninety-third to the people's court for property preservation before a lawsuit is brought.

Article 250th the people's court shall permit the property preservation before litigation, the applicant shall bring an action within thirty days. If no prosecution, the people's court shall cancel the property preservation.

Article 251st the people's court for property preservation is granted, the applicant to provide a guarantee, the people's court shall cancel the property preservation.

The 252nd application is wrongfully made, the applicant shall compensate the respondent for losses incurred from the property preservation.

253rd where a people's court needs supervision of the preservation of property, it shall notify the relevant units shall be responsible for supervision, is made shall bear the expenses.

Rescind the 254th people's court ordered by the enforcement personnel.

The law committee draft suggested deleting the twenty-sixth chapter property preservation

The Law Committee of the draft amendments will agree.

Twenty-seventh Zhang Zhongcai

Keep 255th to 268th.

Appendix 1: the people's Republic of China Civil Procedure Law Amendment (Draft)

One, the fourteenth shall be amended as: "the people's procuratorates shall have the right to exercise legal supervision over the civil procuratorial suggestions, to protest the way."

Two, cancel sixteenth.

Three, the twenty-fifth changed to thirty-fourth, is amended as: "the contract or other disputes over property rights and interests of the parties may have agreed in writing to the domicile of the defendant, the contract jurisdiction, the contract is signed, the plaintiff's domicile, the subject matter is located, the people's court, but not in violation of the provisions of this Law on jurisdiction the."

Four, one article is added as Article twenty-sixth,: "because of company establishment, dissolution lawsuit, under the jurisdiction of the people's court at the domicile of the company."

Five, the thirty-eighth changed to 126th, one paragraph is added as the second paragraph: ", the parties did not put forward the objection to jurisdiction, and involved in reply, as should the people's court has jurisdiction, but violating the provisions on jurisdiction except."

Six, thirty-ninth to thirty-eighth, the first paragraph is revised as follows: "the first instance of civil cases superior people's court shall have the right to trial jurisdiction of the people's court at a lower level."

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

"(a) is a party to the case or the parties, agents ad litem relatives;

"(two) have interest in the case;

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

"(four) the judicial officers violate regulations meet with the parties, agents ad litem, accept the parties, agents ad litem, treat or gift, or take bribes, play favouritism and commit irregularities, perverted the law behavior."

Eight, one article is added as Article fifty-fifth,: "on the pollution of the environment infringement of the legitimate rights and interests of consumers, many damage public interests, social organizations, relevant authorities, may bring a lawsuit to a people's court."

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

"(a) statements of the parties;

"(two) documentary evidence;

"(three) evidence;

"(four) audio-visual materials;

"(five) electronic data;

"(six) the testimony of a witness;

"(seven) the expert opinion;

"(eight) the written record of the inspection.

"The evidence must be verified by the statutory procedures, can be used as a basis for finding the facts."

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

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

"Article sixty-fifth the parties shall promptly provide evidence to support their assertions. The evidence does not provide timely, the people's court shall order it to explain the reason for. The reason is not established, the people's court according to different circumstances be reprimanded, fined, compensation for the losses caused by the delay of action, not to accept the evidence.

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

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

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

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

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

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

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

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

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

"The seventy-fourth witnesses had testified to fulfill the obligation and expenditure of transportation, accommodation, meals and other necessary expenses and loss, shall be borne by the losing party burden. If the parties apply for the witnesses, the parties to advance; no client application, the people's court according to law to inform the witnesses, the people's court to advance."

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

"Special issue of seventy-sixth party may apply to the people's court to ascertain the facts of identification. If the parties apply for identification, through consultation by both parties to determine the appraiser qualification; consultation fails, designated by the people's court.

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

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

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

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

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

"In case of emergency, the evidence may be destroyed or lost or difficult to obtain later circumstances, an interested person may in the prosecution before the court, has his domicile or have jurisdiction to the evidence for preservation of the evidence.

"Other procedures for preservation of the evidence, the relevant provisions of this law are applicable to ninth chapter preservation."

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

Fifteen, one article is added as article eighty-sixth:, "agreed by the parties, the people's court may use fax, email to confirm the addressee receiving litigation documents all way.

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

Sixteen, ninth chapter, ninety-sixth, ninety-ninth, 256th in the "property preservation" is amended as "preservation".

Seventeen, the ninety-second changed to ninety-ninth, is amended as: "the people's court may if a party's acts or other reasons, the decision to perform or cause the injury cases, according to the request of the other party, can a ruling, the preservation of property shall be ordered to make certain actions or forbid it to make certain behavior; the absence of such application, the people's court may rule the preservation measures when necessary.

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

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

Eighteen, the ninety-third changed to 100th, is amended as: "an interested person in case of emergency, do not immediately apply for the preservation of its lawful rights and interests will suffer irreparable harm, in bringing a suit or applying for arbitration to be preserved before the property is located, is the applicant has his domicile or the people's Court on the case jurisdiction for the preservation measures. The applicant shall provide guaranty, does not provide a guarantee, the court rejected the application.

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

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

Nineteen, the ninety-fourth changed to two, as 101st, 102nd, amended as:

"101st preservation shall be limited to the request, or property related to the case.

"Other methods of 102nd property preservation shall be seized, seizure, freezing or legal provisions. The people's court after freezing the property, it shall notify the person whose property is frozen.

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

Twenty, the ninety-fifth changed to 103rd, is amended as: "to the property dispute case, by the applicant to provide a guarantee, the people's court shall rule to cancel the preservation."

Twenty-one, increase two, as 111st, 112nd:

"Between the 111st party malicious collusion, attempt through litigation, mediation and other means to evade debts, appropriation of property, the people's court shall reject the request, and according to the seriousness of the circumstances, impose a fine of detention; constitutes a crime, shall be investigated for criminal responsibility according to law.

"The 112nd execution of malicious collusion with others, through litigation, arbitration and other means to evade to perform the obligations specified in the legal document, the people's court shall according to the seriousness of the circumstances, impose a fine of detention; constitutes a crime, shall be investigated for criminal responsibility according to law."

Twenty-two, the 103rd to the 113rd, the second item of the first paragraph is revised as follows: "the people's Court of the relevant units received a notice for assistance in execution, refusing to assist in search, seizure, freezing, transfer, change property".

Twenty-three, 104th to 114th, the first paragraph is revised as follows: "fine individual amount, one hundred thousand yuan the following. The unit fine amount, fifty thousand yuan of above one million yuan of the following."

Twenty-four, 110th to 120th, the first is amended as: "the name, gender, age, nationality, occupation, work, residence, ID number, contact information, name, address of the person or other organization and the legal representative or principal responsible person name, position, contact".

Twenty-five, one article is added as article 121st, Party: "the prosecution to the people's court for civil disputes, mediation, conciliation."

Twenty-six, the 111st changed to 123rd, is amended as: "the people's court for the prosecution, respectively, to deal with:

"(a) in accordance with the provisions of the administrative litigation law, belongs to the scope of accepting cases of administrative litigation, inform the plaintiff bring an administrative lawsuit;

"(two) in accordance with the law, both parties reach a written arbitration agreement shall apply for arbitration, the people's court, notify the plaintiff to an arbitration institution for arbitration;

"(three) in accordance with the law, shall be dealt with by other organs of the dispute, notify the plaintiff to apply to the relevant organ for settlement;

"(four) to the case does not fall under its jurisdiction, the people's court to inform the plaintiff to have jurisdiction over the lawsuit;

"(five), on the decision, ruled that a legally effective mediation book case, the prosecution, notify the plaintiff to apply for a retrial, the people's court to withdraw the ruling but except;

"(six) in accordance with the law, shall not be prosecuted the case within a certain period of time, the prosecution in the prosecution not within the time limit, shall not be accepted;

"(seven) and the judgment of not divorce mediation of divorce cases, judgment, adoption cases settled through mediation, no new case, new reasons, a plaintiff in a suit again within six months, will not be accepted."

Twenty-seven, the 112nd changed to 122nd, is amended as: "the people's court shall safeguard the parties in accordance with the law to enjoy the right to sue. In accordance with the law article 118th prosecution, must accept. In line with the conditions for prosecution, shall be filed within seven days, and notify the party concerned; do not meet the conditions of prosecution, shall make a ruling within seven days, will not be accepted; the plaintiff is dissatisfied with the ruling, it may file an appeal."

Twenty-eight, one article is added as Article 132nd,: "people's Court on the admissibility of the case, respectively, to deal with:

"(a) does not dispute the parties, can be applied to the supervising procedure, to supervise the program;

"(two) the parties dispute, mediation and other ways to settle disputes in time;

"(three) according to the nature of the case, to determine the application of simple procedure or the ordinary procedure;

"(four) necessary to conduct a trial, require the parties concerned to exchange evidence, clear the focus of controversy."

Twenty-nine, the 124th changed to 137th, third is amended as: "presentation of documentary evidence, material evidence, audiovisual and electronic data".

Thirty, 138th to 151st, the first paragraph is revised as follows: "judgment shall state the verdict and make the judgment reason. Judgment includes:

"(a), the claims, facts and reasons of the dispute;

"(two) as found in the judgment of facts and the applicable law and reason;

"(three) the verdict and the burden of the cost of litigation;

"(four) during the appeal and the court of appeals."

Thirty-one, 140th to 153rd, the first paragraph is revised as follows: "the decision of the ruling shall clearly state the reasons for the determination and make. Ruling scope:

"(a) shall not be accepted;

"(two) has an objection to jurisdiction;

"(three) rejected the prosecution;

"(four) preservation and execution;

"(five) approval or disapproval of withdrawal;

"(six) suspension or termination of proceedings;

"(seven) correction of errata in the judgment;

"(eight) suspension or termination of execution;

"(nine) the disallowed execution of an arbitral award;

"(ten) not enforcing notary public debt instruments enforceability granted;

"(eleven) other determinations resolving matters."

Thirty-two, one article is added as Article 155th,: "the public can access the legally effective judgment, ruling, except those involving state secrets, commercial secrets or personal privacy content."

Thirty-three, the 142nd changed to 156th, one paragraph is added as the second paragraph: ", referred to in the preceding paragraph outside the civil case, both parties can also agree to apply summary procedure."

Thirty-four, the 144th changed to 158th, is amended as: "when trying a simple civil case the basic people's court and the tribunals dispatched by it may use simplified methods, to summon the parties and witnesses, the service of legal documents, the trial of the case, but should guarantee the party statement right."

Thirty-five, one article is added as article 161st: "the trial, the amount of five thousand yuan the following civil cases the basic people's court and the tribunals dispatched by it, execute a court."

Thirty-six, the 148th changed to 163rd, is amended as: "the appeal petition shall be submitted. The appeal shall include the following contents:

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

"(two) the name of the trial court, the case number and;

"(three) the appeal and the reasons."

Thirty-seven, the 153rd changed to 168th, is amended as: "the people's Court of second instance cases on appeal, after hearing, according to the following circumstances, respectively:

"(a) in the original judgment, the correct application of law, dismiss the appeal decision, upheld the original verdict;

"(two) the original judgment error error of fact or law, the judgment shall be amended according to;

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

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

"The people's court ruled on rehearing of the case, the parties filed an appeal, the people's Court of second instance shall make a decision."

Thirty-eight, the 160th changed to 175th, is amended as: "the people's court, eligible voters declaration of a person as missing or death case, ascertainment of a citizen's incapacity or restricted capacity for civil conduct case, a property as ownerless, confirm the mediation agreement and for realizing the real rights for security cases, the provisions of this chapter shall apply. No provision of this chapter, apply the relevant provisions of this Law and other laws."

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

"Section sixth cases confirmed the mediation agreement

"Article 192nd apply for judicial confirmation of the mediation agreement by both parties in accordance with the law, the people's mediation method, within thirty days since the effective mediation agreement, mediation organization to the basic people's court at the place.

"The 193rd people's court after the acceptance of the application, after examination, in accordance with the law, that the effect of the mediation agreement, a party refuses to perform or fails to fully perform, the other party may apply to the people's court for enforcement; do not comply with the provisions of the law, the decision rejecting the application, the parties may change the original settlement agreement reached through mediation or the new agreement of mediation, or bring a lawsuit to the people's court.

"Seventh section to achieve security cases

"194th for the realization of security interest, by the guarantor, the law in accordance with the law, to guarantee the basic people's court in the place where the property is located.

"The 195th people's court after the acceptance of the application, after examination, in accordance with the law, ruling auction, sold the property for security, one of the parties refuses to perform or fails to fully perform, the other party may apply to the people's court for enforcement; do not comply with the provisions of the law, the court rejected the request, the parties may bring a lawsuit to the people's court."

Forty, the 178th changed to 197th, is amended as: "where the legally effective judgment, ruling, that is wrong, may apply to a people's court at a higher level for retrial; occurs in cases between citizens, can also apply to the people's court for retrial. The parties apply for a retrial, judgment, execution of the ruling shall not stop."

Forty-one, the 179th changed to 198th, is amended as: "the parties to apply for one of the following circumstances, the people's court shall review:

"(a) there is new evidence, to reverse the original judgment, ruling;

"(two) the original judgment, ruling the lack of evidence to prove the facts;

"(three) the original judgment, ruling the main evidence for ascertaining the facts is false;

"(four) the original judgment, ruling the main evidence for ascertaining the facts without quality certificates;

"(five) on the hearing main evidence in cases of need for objective reasons, the parties can not be collected, the people's court for a written investigation and collection, the people's court has not collected;

"(six), the original judgment that there is some error in the application of the law;

"(seven) the judicial officers. Judicial organization of illegal or should be avoided in accordance with the law without avoidance;

"(eight) without the capacity for action without statutory agent or litigation shall be parties, because you cannot blame themselves or their agents ad litem reasons, did not participate in the proceedings;

"(nine) in violation of the provisions of laws, depriving party debate right;

"(ten) has not been served with a summons, judgment by default;

"(eleven) the original decision, ruled that the omission or beyond the litigation request;

"(twelve) according to legal instruments to make the original decision, ruled that the revocation or modification;

"(thirteen) the trial of the case with corruption and bribery, play favouritism and commit irregularities, perverted the law behavior."

Forty-two, 181st to 202nd, the first paragraph is revised as follows: "the people's court shall review within three months from receipt of the application for retrial, in accordance with the provisions of this law, ruling retrial; do not conform to the provisions of this law, the court rejected the application. If extension is needed, approved by the president of the court."

Forty-three, 182nd to 199th. The 183rd, 185th, 189th changed to 200th, 204th, 210th, amended as:

"The 200th party in a legally effective judgment, the dissolution of the marriage mediation book, shall apply for a retrial.

"The 204th decision in the case of retrial according to the procedure for trial supervision, the original judgment shall be suspended, the execution of the conciliation statement.

"The decision of 210th people's Procuratorate to the people's court judgment, ruling, the conciliation statement shall be made a protest, protest."

Forty-four, the 187th changed to 206th, is amended as: "the Supreme People's Procuratorate of the people's courts at all levels have a legally effective judgment, ruling, the people's Procuratorate at a higher level to the lower level people's court a legally effective judgment, ruling, found the law the 198th regulation circumstances, or find public interest mediation book damage society, it shall lodge a protest.

"Local people's procuratorates of the people's courts at the same level a legally effective judgment, ruling, found the law the 198th regulation circumstances, or find public interest mediation book damage to society, can put forward retrial procuratorial suggestions to the people's court at the same level, also may request the people's Procuratorate at a higher level to lodge a protest to the people's court at the same level."

Forty-five, increase two, as 207th, 208th:

"207th in one of the following cases, the parties may apply to the people's Procuratorate to apply for retrial procuratorial suggestions or protest:

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

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

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

"By the people's Procuratorate retrial procuratorial suggestions or protest, the people's court for retrial, the people's Procuratorate shall not to apply for a retrial procuratorial suggestions or protest.

"208th people's Procuratorate due to the proposed retrial procuratorial suggestions or protest, can refer to the people's court files, and can provide a party or an outsider investigations to verify the situation."

Forty-six, the 188th changed to 209th, is amended as: "the case protested by the people's Procuratorate, accepted by a people's court shall make a retrial ruling within thirty days after receiving the protest; the law of article 198th (a) to (five) provision of circumstances, can pay a higher people's court of retrial, but the people's court retrial except."

Forty-seven, the 194th changed to 215th, is amended as: "the people's court received a written objection submitted by the debtor, upon review, objection, it shall make a ruling to terminate the procedure for hastening debt recovery, shall automatically cease to be in force.

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

Forty-eight, the 207th to the 228Th, the second paragraph is amended as: "the person applying for enforcement due to fraud, coercion and execution to reach a settlement agreement, or the parties fails to fulfill the settlement agreement, the people's court may upon application of the party concerned, restore the execution of the original effective legal document."

Forty-nine, the 216th changed to 237th, is amended as: "the execution officer receiving the written application for enforcement or the transfer of enforcement, shall issue an enforcement notice to the person subjected to execution, and can immediately take enforcement measures."

Fifty, the 218th changed to 239th, is amended as: "is the person concerned refuses to carry out the obligations specified in the legal document, the people's court shall have the right to inquire about the deposits of the person subjected to execution units, bond, stock, fund, property. The people's court shall have the right according to different circumstances, freezing, seizure, proceeds from the transfer of the person to be enforced property. The people's court seizure, freezing, query, transfer, change of property shall not exceed the scope of the obligations to be fulfilled by the executor.

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

Fifty-one, the 223rd changed to 244th, is amended as: "the property has been sealed up, detained, the execution officer shall order the person to be enforced to perform the obligations specified in the legal document within a specified period of time. The person subjected to execution fails to perform within the time limit, the people's court shall auction was seized, seizure of property; not suitable for auction or the parties agree not to auction, the people's court may entrust the relevant units sold or to sell. Prohibition of free trading goods, pay the relevant units in accordance with the provisions of the purchase price."

From fifty-two, 242nd, 243rd.

Fifty-three, the 245th changed to 264th, is amended as: "the people's court litigation documents on has no domicile in the people's Republic of China within the party, can adopt the following methods:

"(a) served in accordance with the provisions of the country where the person resides and concluded by 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 addressee agents ad litem commissioned 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 agent service;

"(six) the law of the country where the addressee permits service by post, may be served by post mail, since the date of three months, the receipt of no return, but according to various circumstances justify the assumption that has been delivered, the expiration of the period of service shall be deemed the date;

"(seven) by fax, email to confirm the person to be served on all the way;

"(eight) cannot be served by the above methods, served notice, since the date of the announcement over six months, the document shall be deemed to."

Fifty-four, delete the twenty-sixth chapter "property preservation".

The civil procedure law and the provisions of the relevant sections of the serial number be adjusted according to this amendment.

Annex two: on the "PRC Civil Procedure Law Amendment (Draft)" description

Civil procedure law is the basic law of the state, is the basic rules of civil procedure. China's current civil procedure law was adopted at the four session of the seven National People's Congress on 1991. In 2007 Ten Session of the National People's Congress Standing Committee of the thirtieth meeting of the civil procedure law the procedure for trial supervision and enforcement procedures part of rules are modified. In general, the basic principles of the provisions of the civil procedure law is correct, provisions are feasible, to ensure that the people's court in accordance with the law in the trial of civil cases, the protection of the legitimate rights and interests of the parties, to maintain social harmony and stability, play an important role in. However, with the rapid development of economy and society, increasing the number of civil cases, new types of cases continue to emerge, the provisions of the civil procedure law in some areas has not fully adapted to the needs of people, it is necessary to further improve the.

In recent years, the National People's Congress and the revision of the civil procedure law have put forward opinions and suggestions. Central Committee on deepening the reform of judicial system and working mechanism suggestions also requires further improvement of civil litigation system. The Legislative Affairs Commission of the NPC Standing Committee legislative work according to the overall arrangement and constantly improve the socialist legal system with Chinese Chinese requirements, from the beginning of 2010, research on the modification of the civil procedure law scheme drafting. Modify the work to pay attention to the following several points: one is to uphold the China socialist concept of the rule of law, conscientiously sum up the experience of the implementation of the civil procedure law, aiming at the new problems appeared in practice, to further safeguard the litigation rights of the parties, safeguard judicial justice; two is to adhere to the basic principles of civil litigation, allocation of judicial resources, improving the efficiency of lawsuit; three is strengthen legal supervision on civil litigation, to ensure the correct implementation of the law; the four is to pay attention to solve civil disputes, and promoting social harmony and stability; five is the understanding of inconsistency, some problems not yet grasp temporarily not specified. The unit repeatedly and the Supreme People's court, the Supreme People's Procuratorate and other research, many times to listen to the National People's Congress, businesses, lawyers and the views of experts and scholars, and specifically for some local NPC Standing Committee's opinion, and to obtain basic consensus in the full proof, to the civil procedure law as part of the changes, the formation of the civil procedure law amendment (draft). The main problems are as follows:

A mechanism, perfect the mediation and litigation connected

Our country is in the social contradictions period, all kinds of civil disputes increase day by day, give full play to the role of mediation, as far as possible disputes at the grass-roots, settled at the local, to resolve conflicts and disputes, and promoting social harmony and stability, has an important role in. Mechanism from two aspects to perfect the mediation and litigation connected:

1 rules of conciliation. Mediation as an effective way to resolve disputes, has the procedure simple, flexible, self fulfillment rate etc.. Without the approval of the people's mediation of disputes, the prosecution to the court, can mediate first; through the people's mediation fails to reach an agreement of mediation of disputes, the prosecution to the court, can also mediate first. Therefore, suggested that increase provisions: the prosecution to the court for civil disputes, mediation, conciliation. (Amendment twenty-fifth)

The provisions of the 2 increase in civil procedural law and the people's mediation law consistent. The people's Mediation Law provides for the mediation agreement judicial confirmation system, the judicial confirmation of the settlement agreement enforceable. For the law of cohesion, proposed in the special procedure in section "confirmed cases" mediation agreement, clearly stipulate that the parties to apply for judicial confirmation procedures and legal consequences of the mediation agreement. (Amendment thirty-ninth)

Two, to further safeguard the litigation rights of the parties

To safeguard the litigation rights of the parties, is the correct application of the law, maintain the important premise and foundation of judicial justice. According to the problems in practice, suggestions are the following additional modifications:

1 to improve the prosecution and acceptance procedures. In order to protect the parties' right to sue, the admissibility of the case to standardize people's court procedures, suggested clearly stipulates: the people's court shall safeguard the parties in accordance with the law to enjoy the right to sue. The people's court does not meet the conditions of prosecution, shall make a ruling within seven days. The plaintiff is dissatisfied with the ruling, it may file an appeal. (Amendment twenty-seventh)

2 to improve the preparation procedure before trial. According to the judicial practice and foreign good practice, suggestions in the preparation procedure before trial respectively provided a different approach: first, do not argue with the parties, can be applied to the supervising procedure, to supervise the program. Two, on the less controversial, take the mediation, the timely settlement of disputes. Three, according to the nature of the case, to determine the application of simple procedure or the ordinary procedure. Four, the court session is required, require the parties concerned to exchange evidence, clear the focus of controversy. (Amendment twenty-eighth)

The 3 increase in public interest litigation. In recent years, environmental pollution and food safety incidents continue to occur, the National People's Congress and the several proposed to increase public interest litigation in the civil procedure law. Recommendations: increase provisions on environmental pollution infringement of the legitimate rights and interests of consumers, many damage public interests, social organizations, relevant authorities, may bring a lawsuit to a people's court. (Amendment eighth)

4 perfect preservation system. The civil procedure law does not stipulate the act preservation problem. The intellectual property infringement cases sometimes need to prevent the parties to a certain behavior, or require them to make some kind of behavior, to stop infringement, to prevent the expansion of the injury. Copyright law, patent law, trademark law, maritime litigation special procedure law has made the relevant provisions. Proposal to increase the provisions in this regard in the preservation of property: the people's court may if a party's acts or other reasons, the decision to perform or cause the injury cases, according to the request of the other party, be a ruling, the preservation of property shall be ordered to make certain actions or forbid them to make certain behavior; the absence of such application, the people's court may rule the preservation measures when necessary. (Amendment seventeenth)

5 to improve the judicial public system. Juridical copy clerk is open, is an important content of the open trial system, to improve the quality of trial, sentenced to release the canonic plays an important role in. Proposal to increase provisions: public access to a legally effective judgment, ruling, except those involving state secrets, commercial secrets or personal privacy content. At the same time, further defined the verdict, ruling all shall specify the judgment, ruling the judgment, ruling and reason. (Amendment thirtieth to thirty-second)

Three, perfect the system of burden of proof

Evidence is the foundation of the people's court and judge the facts. Perfecting the system of burden of proof, to ascertain the facts, apply the law correctly, properly resolve civil dispute plays an important role in. According to the problems in practice, suggestions are the following additional modifications:

1 clear reception parties to submit evidence procedures. Recommendations specified: People's court received evidence submitted by the parties, shall issue receipts, stating the name, number of pages of evidence, number and time of receipt, and sealed by the agency staff signature or. (Amendment tenth)

2 the parties actively provide evidence. For some clients to delay the proceedings in the litigation activities, do not provide evidence, suggest increase provisions: the parties shall promptly provide evidence to support their assertions. The evidence does not provide timely, the people's court shall order it to explain the reason for. The reason is not established, the people's court according to different circumstances be reprimanded, fined, compensation for the losses caused by the delay of action, not to accept the evidence. (Amendment tenth)

3 give the party identification procedure rights. According to the judicial practice and the opinions, suggestions to increase provisions: special issue, the parties may apply to the people's court to ascertain the facts of identification. If the parties apply for identification, through consultation by both parties to determine the appraiser qualification; consultation fails, designated by the people's court. The parties disagree or the people's court that his testimony necessary for the appraisal, the appraiser shall appear in the court. After the people's court shall notify, identification of refusing to testify in court, expert opinion may not be used as the basis for the establishment of facts. (Amendment twelfth)

Four, to perfect the summary procedure

Many civil cases is a simple civil case facts are clear, less controversial. The provisions of the civil procedure law trying simple civil cases in which summary procedure. To perfect the summary procedure, to improve the trial efficiency, reduce litigation costs, reasonable use of judicial resources, plays an important role in. According to the problems in practice, suggestions are the following additional modifications:

1 the establishment of small claims system. To solve a wide range of civil disputes, according to some local pilot to explore and learn from foreign good practice, some cases may apply summary procedure of establishing small claims system. Proposal to increase provisions: the amount of five thousand yuan following the trial of civil cases in the basic people's court and the tribunals dispatched by it, execute a court. (Amendment thirty-fifth)

Expand the scope of application of the summary 2. According to the parties concerned have the right to dispose of the civil rights and litigation rights principle, proposed to increase the provisions of other civil cases except for simple civil cases, the parties may agree to apply summary procedure. (Amendment thirty-third)

3 to further simplify the procedure. Recommendations specified in trying a simple civil case, the basic people's court and the tribunals dispatched by it may use simplified methods, to summon the litigants, the document, the trial of the case. (Amendment thirty-fourth)

Five, strengthen legal supervision

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

1 methods of supervision. Civil law only prescribes the protest in a way of supervision. In recent years, some local pilot exploration, proposed to increase the provisions of the people's procuratorates shall have the right to exercise legal supervision over the civil procuratorial suggestions on ways to. And increased regulations in the procedure for trial supervision, local people's procuratorates of the people's court at the same level of a legally effective judgment, ruling or letter of mediation, found the wrong, can put forward retrial procuratorial suggestions to the people's court at the same level. (amendment draft article 1, article forty-fourth)

2 to expand the scope of supervision. Civil procedure law hasn't stipulated the civil execution and the people's court mediation activities to implement the procuratorial supervision. The implementation of activities of some party malicious collusion, public interests through the mediation agreement damages the social situation, suggestions will be people's procuratorates shall have the right to exercise legal supervision over the civil trial activities, to the people's Procuratorate has the right to exercise legal supervision over the civil litigation, the civil enforcement activities into the legal supervision. At the same time, increase the provisions of the people's Procuratorate public interest mediation book that harm the society, shall put forward a retrial procuratorial suggestions or protest. (amendment draft article 1, article forty-fourth)

3 strengthen supervision means. Proposal to increase provisions: the people's Procuratorate due to the proposed retrial procuratorial suggestions or protest, can refer to the people's court files, and can provide a party or an outsider investigations to verify the situation. (Amendment forty-sixth)

Six, improve the procedure for trial supervision

The trial supervision procedures to correct the wrong, safeguard judicial justice, protect the lawful rights and interests of the parties, plays an important role in. According to the problems in practice, suggestions are the following additional modifications:

1 perfect retrial regulations. The provisions of the civil procedure law the parties believe that decision, ruled that there was a mistake, may apply to a people's court at a higher level for retrial. The application for retrial for the convenience of the citizens, between citizens can be considered in civil cases, does not necessarily have to a higher court for retrial. Proposal to increase provisions: in cases between citizens, can also apply to the people's court for retrial. At the same time, appropriate restrictions on the retrial reason. (the draft amendment to Article fortieth, article forty-first)

2 perfect retrial procuratorial suggestions or protest procedure. In practice, many parties should apply to the people's court for retrial, the people's Procuratorate protest and to apply for. For the allocation of judicial resources better, to strengthen legal supervision, it is necessary to clear the parties shall apply for a retrial procuratorial suggestions or protest conditions. Proposal to increase provisions, in the three case the parties may apply for retrial procuratorial suggestions or protest to the people's Procuratorate: first, people's court rejected the application for retrial. Two, the people's court fails to apply for retrial ruling. Three is the judgment, ruling, and there are obvious mistakes. At the same time, some parties to reflect all aspects of the repeated action, the court does not end up the problem, clearly stipulates: the people's Procuratorate suggestions proposed retrial procuratorial suggestions or protest, the people's court for retrial, the people's Procuratorate shall not to apply for a retrial procuratorial suggestions or protest. (Amendment forty-fifth)

Seven, improve the implementation of procedures

In order to further the implementation to solve the problem, according to the problems in practice, suggestions are the following additional modifications:

1 to strengthen the implementation of measures. In view of some execution conceals, transfers property, suggestions for further provisions: executive receiving the written application for enforcement or the transfer of enforcement, shall issue an enforcement notice to the person subjected to execution, and can immediately take enforcement measures. (Amendment forty-ninth)

2 sanctions to escape execution behavior. For some the person subjected to execution is performed by the other and litigation way to escape the situation, proposed to increase provisions: the execution of malicious collusion with others, through litigation, arbitration and other means to evade to perform the obligations specified in the legal document, the people's court shall according to the seriousness of the circumstances, impose a fine of detention; constitutes a crime, shall be investigated for criminal responsibility according to law. (Amendment twenty-first)

3 increase for refusing to implement the punishment. In view of the person to be enforced to hide, transfer has attachment, seizure of property, refuses to perform effective judgment, ruling behavior, suggestions will be fine for the individual amount from ten thousand yuan to one hundred thousand yuan; the unit penalty amount from ten thousand yuan to three hundred thousand yuan to fifty thousand yuan and one million yuan, to further strengthen the compulsory measures against obstruction of civil litigation. (Amendment twenty-third)