Provisions of the Supreme People's Court on the implementation of the Civil Procedure Law revised when unresolved issues concerning the application of law in the case

                                                  Method (release2012)23No.

"The Supreme People's Court on the implementation of the Civil Procedure Law revised when unresolved issues concerning the application of law provisions of the case" in2012Years12Month24The trial by the Supreme People's Court on the1564Meeting of the, is hereby promulgated, since2013Years1Month1The date of promulgation.

Supreme People's court

2012Years12Month28Day

In order to correctly apply "the Standing Committee of the National People's Congress on the revision of 'people's Republic of China Civil Procedure Law'" (decision2012Years8Month31The twenty-eighth meeting of the Standing Committee of the Eleventh National People's congress,2013Years1Month1The date of promulgation) (hereinafter referred to as the "decision"), now has been accepted by the civil procedure law, the revised ago has not yet concluded and implemented the case (hereinafter referred to as2013Years1Month1Day of unresolved cases) Regulations on some issues concerning the specific application of laws are as follows:

Article 1 2013Years1Month1Day of unresolved cases for the revision of the civil procedural law, but the prescribed unless otherwise stipulated.

The provisions of the preceding paragraph case,2013Years1Month1Procedural matters in accordance with the provisions of the civil procedure law before the pre revision and judicial interpretation concerned has been completed, is still valid.

Article second 2013Years1Month1The day before the revision of unresolved cases with civil procedure law or civil jurisdiction after the amendment of the law provisions, the people's court to hear the case.

Article third 2013Years1Month1The day before the revision of unresolved cases with civil procedure law or civil procedure law revised service provision, served on the people's court has been completed, is still valid.

Article fourth In the2013Years1Month1Day of unresolved cases, the people's court for2013Years1Month1Before the occurrence of obstruction of civil litigation is pending, the civil procedure law before the amendment, but the following circumstances shall apply the revised civil procedure law:

(a) 112nd civil procedural law stipulates the modified case;

(two) 113rd civil procedure law revised in2013Years1Month1The day after the ongoing.

Article fifth 2013Years1Month1Recently, an interested party applies to the people's court measures preservation before litigation, apply before the amendment of the civil procedure law, the people's court2013Years1Month1Japan has not yet made a preservation order, determine the lift such measures shall apply the revised civil procedure law.

Article Sixth  The parties to the2013Years1Month1Recently a legally effective judgment, ruling or letter of mediation to apply for a retrial, the people's court shall, on the basis of the 184th amendment of civil procedure law before the provisions identified during the retrial petition, the period in2013Years6Month30Japan has not yet expired, by the end of2013Years6Month30Day.

The provisions of the preceding paragraph, the application in accordance with the following situations, is the 184th amendment of civil procedure law before the provisions:

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

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

(three) the judgment, ruling becomes legally effective after two years, according to legal instruments to make the original decision, ruling is revoked or changed, and found that the judges who take bribes, play favouritism and commit irregularities in the trial of the case, the law referee.

Article seventh The people's court for2013Years1Month1Recently has been accepted,2013Years1Month1Japan has not been examined. For refusing to execute the arbitral cases, civil procedure law before the amendment.

Article eighth Said the civil procedure law amended the regulations, refers to the "decision" to be amended accordingly after the "PRC Civil Procedure Law".

Said the amendment of civil procedure law before the regulations, refers to the "PRC Civil Procedure Law" before the implementation of the "decision".