(Adopted by the Fourth Session of the Seventh National People's Congress on April 9, 1991, promulgated by the Order No 44 of the President of the People's Republic of China, and effective on the date of its promulgation)
Content
Part One General Provisions
Chapter I Aim, Scope of Application and Basic Principles
Chapter II Jurisdiction
Section 1 Jurisdiction by Level
Section 2 Territorial Jurisdiction
Section 3 Referral and Designation of Jurisdiction
Chapter III Trial Organization
Chapter IV Withdrawal
Chapter V Participants in Proceedings
Section 1 Parties
Section 2 Agents ad litem
Chapter VI Evidence
Chapter VII Time Periods and Service
Section 1 Time Periods
Section 2 Service
Chapter VIII Conciliation
Chapter IX Property Preservation and Preliminary Execution
Chapter X Compulsory Measures against Impairment of Civil Actions
Chapter XI Litigation Costs
Part Two Trial Procedure
Chapter XII Ordinary Procedure of First Instance
Section 1 Initiating An Action and Accepting a Case
Section 2 Preparations for Trial
Section 3 Trial in Court
Section 4 Suspension and Termination of an Action
Section 5 Judgment and Order
Chapter XIII Summary Procedure
Chapter XIV Procedure of Second Instance
Chapter XV Special Procedure
Section 1 General Stipulations
Section 2 Cases Concerning the Credentials of Voters
Section 3 Cases Concerning the Proclamation of a Person as Missing or Dead
Section 4 Cases Concerning the Determination of a Citizen as Incompetent or with Limited Capacity for Civil Conduct
Section 5 Cases Concerning the Determination of a Property as Ownerless
Chapter XVI Procedure for Trial Supervision
Chapter XVII Summary Procedure for Recovering a Debt
Chapter XVIII Procedure for Public Invitation to Assert Claims
Chapter XIX Procedure for Debt Repayment after Bankruptcy of Enterprises as Legal Persons
Part Three Procedure of Execution
Chapter XX General Stipulations
Chapter XXI Application for and Referral of Execution
Chapter XXII Execution Measures
Chapter XXIII Suspension and Conclusion of Execution
Part Four Special Stipulations on Civil Procedures Involving Foreign Interests
Chapter XXIV General Principles
Chapter XXV Jurisdiction
Chapter XXVI Service and Time Periods
Chapter XXVII Property Preservation
Chapter XXVIII Arbitration
Chapter XXIX Judicial Assistance
Part One General Provisions
Chapter I Aim, Scope of Application and Basic Principles
Article 1
The Civil Procedure Law of the People's Republic of China is enacted on the basis of the Constitution and in line with the experiences and actual conditions of our country in trying civil cases.
Article 2
The aim of the Civil Procedure Law of the People's Republic of China is to protect the exercise of the litigation rights of the parties, ensure that the people's courts ascertain facts, distinguish right from wrong, apply the law correctly, try civil cases promptly, affirm the relations of civil rights and obligations, punish acts violating civil law, protect the lawful rights and interests of the parties, educate citizens to voluntarily abide by the law, maintain the social order and economic order, and guarantee the smooth progress of the cause of the socialist construction.
Article 3
The provisions of this Law shall be applicable to civil lawsuits concerning disputes over the property relations and the relations of persons between citizens, between legal persons and between other organizations as well as among citizens, legal persons and other organizations.
Article 4
Whichever engages in civil lawsuits within the territory of the People's Republic of China must abide by this Law.
Article 5
Foreign nationals, stateless persons, foreign enterprises and organizations that institute or respond to proceedings in the people's courts shall have the same litigation rights and obligations as citizens, legal persons and other organizations of the People's Republic of China.
Where the courts of a foreign country impose restrictions on the civil litigation rights of the citizens, legal persons and other organizations of the People's Republic of China, the people's courts of the People's Republic of China shall follow the principle of reciprocity regarding the civil litigation rights of the citizens, enterprises and organizations of that foreign country.
Article 6
The people's courts shall exercise the judicial authority with respect to civil cases.
The people's courts shall try civil cases independently in accordance with the law, and shall not be subject to interference by any administrative organ, social group or individual.
Article 7
In trying civil cases, the people's courts must base themselves on facts and take the law as the criterion.
Article 8
The parties to a civil action shall have equal litigation rights. The people's courts shall, in trying civil cases, guarantee and facilitate the exercise of litigation rights by the parties, and apply the law equally to the parties.
Article 9
In trying civil cases, the people's courts shall conduct conciliation under the principles of voluntariness and lawfulness; where conciliation efforts fail, the people's courts shall render judgments without delay.
Article 10
In trying civil cases, the people's courts shall, as provided for by law, apply the systems of collegial panel, withdrawal, public trial, and the system whereby the second instance is final.
Article 11
Citizens of all nationalities shall have the right to use their native spoken and written languages in civil proceedings.
Where people of a minority nationality live in a concentrated community or where a number of nationalities live together in one area, the people's courts shall conduct hearings and issue legal documents in the spoken and written languages commonly used by the local nationalities.
The people's courts shall provide interpretation for any participant in the court proceedings who is not familiar with the spoken or written languages commonly used by the local nationalities.
Article 12
In the trial of civil cases by the people's court, the parties shall have the right to debate.
Article 13
The parties shall be entitled, within the scope stipulated by law, to dispose of their civil rights and their litigation rights.
Article 14
The people's procuratorates shall have the right to exercise legal supervision over the civil proceedings activities.
Article 15
If the civil rights and interests of the State, a collective or an individual have been infringed upon, a State organ, social group, enterprise or institution may support the unit or individual being infringed upon to initiate legal action in a people's court.
Article 16
The people's conciliation committees shall be mass organizations to conciliate civil disputes, which are to function under the guidance of the grassroots people's governments and the grassroots people's courts.
A people's conciliation committee shall conduct conciliation in accordance with legal provisions and the principle of voluntariness. The parties concerned shall execute the agreement reached in conciliation: those who refuse a conciliation or those for whom a conciliation has failed or those who have retracted from a conciliation agreement may initiate legal proceedings in a people's court.
In case where a people's conciliation committee violates the law in conciliating civil disputes, a people's court shall make corrections.
Article 17
The people's congresses of the national autonomous areas may formulate adoptive or supplementary provisions in accordance with the principles of the Constitution and this Law and with the specific circumstances of the local nationalities. Such provisions made by an autonomous region shall be submitted to the Standing Committee of the National People's Congress for approval. The provisions made by an autonomous prefecture or autonomous county shall be submitted to the standing committee of the people's congress of the relevant autonomous region or province for approval and to the Standing Committee of the National People's Congress for the record.
Chapter II Jurisdiction
Section 1 Jurisdiction by Level
Article 18
The grassroots people's courts shall have jurisdiction as courts of first instance over civil cases, unless otherwise stipulated by this Law.
Article 19
The intermediate people's courts shall have jurisdiction as courts of first instance over the following civil cases:
(1). major cases involving foreign interests;
(2). cases that have major impact on the area under their jurisdiction;
and
(3). cases under the jurisdiction of the intermediate people's courts as determined by the Supreme People's Court.
Article 20
The higher people's courts shall have jurisdiction as courts of first instance over civil cases that have major impact on the areas under their jurisdiction.
Article 21
The Supreme People's Court shall have jurisdiction as the court of first instance over the following civil cases:
(1). cases that have major impact on the whole country; and
(2). cases that the Supreme People's Court deems it should try.
Section 2 Territorial Jurisdiction
Article 22
A civil lawsuit initiated against a citizen shall be under the jurisdiction of the people's court in the place where the defendant has his or her domicile; if the defendant's domicile is different from his or her habitual residence, the lawsuit shall be under the jurisdiction of the people's court in the place of his or her habitual residence.
A civil lawsuit initiated against a legal person or any other organization shall be under the jurisdiction of the people's court in the place where the defendant has its domicile.
Where the domiciles or habitual residences of several defendants in the same lawsuit are in the areas under the jurisdiction of two or more people's courts, all of those people's courts shall have jurisdiction over the lawsuit.
Article 23
The following civil lawsuits shall be under the jurisdiction of the people's court in the place where the plaintiff has his or her domicile; if the plaintiff's domicile is different from his or her habitual residence, the lawsuit shall be under the jurisdiction of the people' court in the place of the plaintiff's habitual residence.
(1). cases concerning the status of persons not residing within the territory of the People's Republic of China;
(2). cases concerning the status of persons whose whereabouts have been unknown or who have been declared as missing;
(3). cases against persons who are undergoing rehabilitation through labor; and
(5). cases against persons who are being imprisoned.
Article 24
A lawsuit initiated over a contract dispute shall be under the jurisdiction of the people's court in the place where the defendant has his or her domicile or where the contract is performed.
Article 25
The parties to a contract may choose through agreement stipulated in the written contract the people's court in the place where the defendant has his or her domicile, where the contract is performed, where the contract is signed, where the plaintiff has his or her domicile or where the subject matter is located to have jurisdiction over the case, however, such an agreement may not violate the provisions of this Law regarding jurisdiction by level and exclusive jurisdiction.
Article 26
An action initiated for an insurance contract dispute shall be under the jurisdiction of the people's court in the place where the defendant has his or her domicile or where the insured object is located.
Article 27
A lawsuit initiated for a dispute over a bill of exchange shall be under the jurisdiction of the people's court in the place where the bill is paid or where the defendant has his or her domicile.
Article 28
An action initiated for a dispute over railway, highway, water, or air transport or through transport contract shall be under the jurisdiction of the people's court in the place where the transport starts or ends or where the defendant has his or her domicile.
Article 29
An action initiated for an infringing act shall be under the jurisdiction of the people's court in the place where the infringing act took place or where the defendant has his or her domicile.
Article 30
An action concerning claims for damages caused by a railway, highway, water or aviation accident shall be under the jurisdiction of the people's court in the place where the accident occurred or where the vehicle or ship first arrived after the accident or where the aircraft first landed after the accident, or where the defendant has his or her domicile.
Article 31
An action initiated for damages caused by a ship collision or any other maritime accident shall be under the jurisdiction of the people's court in the place where the collision took place or where the collision ship first docked after the accident or where the ship at fault was detained, or where the defendant has his or her domicile.
Article 32
A lawsuit initiated for maritime salvage shall be under the jurisdiction of the people's court in the place where the salvage took place or where the salvaged vessel first docked after the disaster.
Article 33
A lawsuit initiated for general average shall be under the jurisdiction of the people's court in the place where the ship first docked after the general average took place or the adjustment of the general average was conducted or where the voyage ended.
Article 34
The following cases shall be under the exclusive jurisdiction of the people's courts specified in this Article:
(1). an action initiated for real estate shall be under the jurisdiction of the people's court in the place where the estate is located;
(2). a lawsuit concerning a dispute over harbor operations shall be under the jurisdiction of the people's court in the place where the harbor is located; and
(3). a lawsuit concerning the succession of an inheritance shall be under the jurisdiction of the people's court in the place where the decedent had his or her domicile upon his or her death, or where the principal part of his or her estate is located.
Article 35
When two or more people's courts have jurisdiction over the same lawsuit, the plaintiff may bring his or her lawsuit in one of these people's courts; if the plaintiff brings the lawsuit in two or more people's courts that have jurisdiction over the lawsuit, it shall be handled by the people's courts that first files the case.
Section 3 Referral and Designation of Jurisdiction
Article 36
Where a people's court discovers that a case it has accepted is not under its jurisdiction, it shall refer the case to the people's court that has jurisdiction over the case. The people's court to which a case has been referred shall accept the case, and if it considers that, according to relevant regulations, the case referred is not under its jurisdiction, it shall report it to a people's court at the higher level for the designation of jurisdiction, and may not refer it again to another people's court on its own initiative.
Article 37
In case that a people's court which has jurisdiction over a case is unable to exercise the jurisdiction for special reasons, the people's court at the higher level shall designate another court to exercise the jurisdiction.
In the event of a dispute over the jurisdiction between the people's courts, it shall be resolved by the parties to the dispute through consultation; if such consultation fails to resolve the dispute, it shall be reported to a people's court superior to both parties to the dispute for the designation of jurisdiction.
Article 38
Where any party holds an objection to the jurisdiction of the people's court over the case after the court has accepted the case, the party shall raise the objection during the term for filing the bill of defense. The people's court shall examine such an objection raised by the party. If the objection is tenable, the people's court shall order that the case be transferred to the people's court that has jurisdiction over the case; if the objection is untenable, the people's court shall order to turn it down.
Article 39
People's courts at higher levels shall have the authority to try civil cases over which people's courts at lower levels have jurisdiction as courts of first instance; may also transfer civil cases over which they themselves have jurisdiction as courts of first instance to people's courts at lower levels for trial.
In case that a people's court at a lower level deems it necessary for a civil case of first instance under its jurisdiction to be tried by a people's court at a higher level, it may request such a people's court to try the case.
Chapter III Trial Organization
Article 40
In trying civil cases of first instance, the people's court shall form a collegial panel consisting of both judges and assessors or of judges alone. The collegial panel must have an odd number of members.
Civil cases to which summary procedure is applied shall be tried by a single judge alone.
The assessors shall, while carrying out their duties as assessors, have equal rights and obligations with the judges.
Article 41
In trying civil cases of second instance, the people's court shall form a collegial panel of judges. The collegial panel must have an odd number of members.
Regarding to a case remanded for a retrial, the people's court of first instance that has originally tried the case shall form a new collegial panel in accordance with the procedure of first instance.
If a case for retrial was originally tried at first instance, a new collegial panel shall be formed according to the procedure of first instance; if the case was originally tried at second instance or was brought up by a people's court at a higher level for trial, a new collegial panel shall be formed according to the procedure of second instance.
Article 42
The president of the court or the chief judge of a division shall designate a judge to serve as the presiding judge of the collegial panel; if the president or the chief judge participates in the trial, he himself or herself shall serve as the presiding judge.
Article 43
The collegial panel shall, when deliberating a case, observe the principle that the minority shall defer to the majority. The deliberations shall be recorded in writing, and the transcript shall be signed by the members of the collegial panel. Diverging opinions in the deliberations must be truthfully recorded in the transcript.
Article 44
The judicial personnel shall handle the case impartially and in accordance with the law.
The judicial personnel may not accept any treat or gift from the parties or their agents ad litem.
Any judicial personnel who commits embezzlement, accepts bribes, practices favoritism for personal gains or perverts the law in making judgment shall be investigated for legal responsibility; if a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter IV Withdrawal
Article 45
Where any judicial personnel has any of the following circumstances, he or she must withdraw, and the parties to the case shall also have the right to request, orally or in writing, that he or she withdraws:
(1). being a party or a near relative of a party to the case or a near relative of an agent ad litem in the case;
(2). having a personal interest in the case; or
(3). having some other relationship with a party to the case that might influence the impartial handling of the case.
The provisions of the preceding paragraph shall also apply to clerks, interpreters, expert witnesses and inspectors.
Article 46
When a party is to request the withdrawal of a member of the judicial personnel, reasons therefor shall be given and the request shall be submitted at the beginning of the proceedings; the request for withdrawal may also be submitted before the end of court debate if the reason for the withdrawal becomes known only after the beginning of the proceedings.
Prior to a decision on withdrawal by the people's court, the person who has been requested to withdraw shall temporarily suspend his or her participation in the proceedings of the case, but with the exception of cases that require the adoption of emergency measures.
Article 47
The withdrawal of a court president who serves as the presiding judge shall be decided by the judicial committee; the withdrawal of judicial personnel shall be decided by the court president; the withdrawal of other personnel shall be decided by the presiding judge.
Article 48
Regarding to a request for withdrawal made by a party, the people's court shall make a decision, orally or in writing, within three days after the request was made. If the party disagrees with the decision, it may apply for reconsideration which could be granted only once. During the period of reconsideration, person who has been requested to withdraw shall not suspend his or her participation in the proceedings of the case. The people's court shall, within three days after receiving the application, make a reconsideration decision and notify the applicant of the decision.
Chapter V Participants in Proceedings
Section 1 Parties
Article 49
Any citizen, legal person or any other organization may become a party to a civil lawsuit.
Legal persons shall be represented by their legal representatives in proceedings. Other organizations shall be represented by their principal persons in charge in proceedings.
Article 50
The parties shall have the right to appoint agents, request withdrawals, collect and provide evidence, engage in debate, request conciliation, file an appeal and apply for execution.
The parties may consult the materials related the case, and may also reproduce the materials and other legal documents pertaining to the case. The scope and measures on consulting and reproducing materials pertaining to the case shall be made by the Supreme People's Court.
The parties must exercise their litigation rights in accordance with the law, observe litigation procedures and execute the legally effective written judgments or orders and conciliation statements.
Article 51
The two parties may reach a compromise on their own.
Article 52
The plaintiff may relinquish or modify his or her claim. The defendant may confirm or repudiate the claim and shall have the right to file a counterclaim.
Article 53
When one party or both parties consist of two or more persons, the subject matters of actions are the same or of the same category and the people's court considers that, subject to the consent of the parties, the lawsuit can be tried together, a joint lawsuit shall be constituted.
Where the individuals constituting a party to a joint lawsuit have common rights and obligations with respect to the subject matter of action and the act of litigation of one person is recognized by the others of his or her party, such act shall be binding on all the other members of his or her party; where the individuals in one party do not have common rights and obligations with respect to the subject matter of action, then the act of litigation of one person shall have no binding force on the others of his or her party.
Article 54
A joint lawsuit in which one party consists of numerous persons may be brought by representatives selected by and from the party. The act of litigation of such representatives shall be effective for all members of the party they represent, however, modification to or waiver of claims of action, or confirmation of the claims of the other party, or resorting to compromise by the representatives shall be subject to the approval of the party they represent.
Article 55
With respect to a case in which the subject matter of action is of the same category and one party consists of numerous persons or of an uncertain number upon initiation of the lawsuit, the people's court may issue a public notice, stating the particulars and claims of the case and informing claimants to file at the people's court within a fixed period of time.
Claimants who have filed at the people's court may select representatives from among themselves to engage in litigation; if such representatives cannot be created through selection, they may be decided by the people's court through negotiation with the claimants who have filed at the court.
The act of litigation of such representatives shall be effective for the party they represent, however, modification or waiver of claims of action or confirmation of the claims of the other party or resorting to a compromise by the representatives shall be subject to the approval of the party they represent.
The judgments or orders rendered by the people's court shall be effective for all the claimants who have filed at the court. The same judgments or orders shall be binding on the claimants who have not filed at the court but initiated legal proceedings during the limitation of action.
Article 56
If a third party considers that it has an independent claim to the subject matter of action of both parties, it shall have the right to initiate an action.
If a third party has no independent claim to the subject matter of action of both parties, however, the outcome of the case will affect its interest legally, it may file a request to participate in the proceedings or the people's court shall notify it to participate. A third party that is to bear civil liability as judged by the people's court shall have the litigation rights of a party.
Section 2 Agents ad litem
Article 57
Any person with no capacity for action shall have his or her guardians as statutory agents to represent him or her in the proceedings. If the statutory agents try to shift their responsibilities as statutory agents onto one another, the people's court shall appoint one of them to represent the principal in the proceedings.
Article 58
Each party or legal representative may appoint one or two persons to act as his or her agents ad litem.
A lawyer, a party's near relative, a person recommended by a relevant social group or the unit to which a party belongs or any other citizen approved by the people's court may be entrusted as the party's agent ad litem.
Article 59
When a person entrusts another to act on his or her behalf in the proceedings, he or she must submit to the people's court a power of attorney bearing his or her signature or seal.
The power of attorney must specify the matter and limits of authority entrusted. An agent ad litem must possess special authorization from his or her principal to confirm, relinquish or modify the claim or to resort to compromise or file a counterclaim or an appeal.
A power of attorney mailed or delivered by a citizen of the People's Republic of China residing abroad must be certified by the Chinese embassy or consulate in that country; if there is no Chinese embassy or consulate in that country, the power of attorney must be certified by an embassy or a consulate of a third country that has diplomatic relations with the People's Republic of China stationed in the country, and then transferred for verification to the embassy or consulate of the People's Republic of China stationed in that third state, or by a local patriotic overseas Chinese organization.
Article 60
If the authority of an agent ad litem is changed or revoked, the party shall inform the people's court in writing of such a change or revocation, and the court shall notify the other party of the change or revocation.
Article 61
A lawyer who serves as an agent ad litem and other agents ad litem shall have the right to investigate and collect evidence, and may consult materials pertaining to the case in accordance with relevant regulations. The scope and measures on consulting materials pertaining to the case shall be made by the Supreme People's Court.
Article 62
Where a party to a divorce case has entrusted an agent ad litem, the party himself or herself shall, unless unable to express his or her intention, also appear in court in person; the party who is truly unable to appear in court due to a special reason shall submit his or her opinion in writing to the people's court.
Chapter VI Evidence
Article 63
Evidence includes the following categories:
(1). documentary evidence;
(2). material evidence;
(3). audio-video materials;
(4). testimony of witnesses;
(5). statements of the parties;
(6). expert conclusions; and
(7). records of inquests.
Any of the above-mentioned evidence must be verified to be true before it can be taken as a basis for ascertaining a fact.
Article 64
A party shall have the responsibility to provide evidence in support of its own propositions.
With respect to the evidence that the party and its agent ad litem are unable to obtain themselves because of objective reasons or that the people's court considers necessary for the trial of the case, the people's court shall investigate and collect it.
The people's court shall, in accordance with the procedure prescribed by law, collect, examine and verify evidence comprehensively and objectively.
Article 65
The people's court shall have the authority to investigate and obtain evidence from the relevant units or individuals, and such units or individuals may not refuse.
The people's court shall distinguish the true from the false, verify and determine the validity of documentary evidence provided by relevant units or individuals.
Article 66
Evidence shall be presented in the court and be cross-examined by the parties. However, evidence that involves State secrets, trade secrets or personal privacy of individuals shall be kept confidential, if it is necessary to be presented in the court, it may not be presented in an open court session.
Article 67
The people's court shall take the legal acts, legal facts and documents notarized according to legal procedures as basis for ascertaining facts, except when there is contrary evidence sufficient to invalidate the notarial certification.
Article 68
Any documentary material submitted as evidence shall be the original one. Material evidence shall also be original. If it is truly difficult to present the original document or material, then reproductions, photographs, duplicates or extracts of the original may be submitted.
If a document in a foreign language is submitted as evidence, a Chinese translation must be appended.
Article 69
The people's court shall distinguish the true from the false, and with the reference of other evidence of the case, examine and determine whether or not the audio-video materials can be taken as a basis for ascertaining facts.
Article 70
All units and individuals who have information about a case shall have the obligation to give testimony in court. Persons in charge of the relevant units shall encourage the witnesses to give testimony. When it would be truly difficult for a witness to appear in court, he or she may, with the approval of the people's court, submit a written testimony.
Any person who is unable to express his or her will properly and correctly shall not testify.
Article 71
The people's court shall examine the statements of the parties in connection with the other evidence of the case to determine whether or not the statements can be taken as a basis for ascertaining facts.
If a party refuses to make a statement, this shall not prevent the people's court from ascertaining the facts of a case on the basis of other evidence.
Article 72
When the people's court deems it necessary to make an evaluation of a specialized problem, it shall refer the problem to an authentication department authorized by law for an evaluation; in the absence of such a department, the people's court shall appoint an authentication department to make the evaluation.
The authentication department and the expert witness designated by the department shall have the right to consult the case materials necessary for the evaluation, and may inquire the parties and witnesses when it is so necessary.
The authentication department and expert witness shall present a written conclusion of the evaluation, and affix his or her seal or signature to it. With respect to an evaluation made by an expert witness, the unit to which the expert witness belongs shall certify his or her status by affixing its seal to the expert conclusion.
Article 73
When inspecting material evidence or a site, the inspector must present his or her credentials issued by a people's court, and shall invite the local grassroots organization or the unit to which the party belongs to send persons to participate in the inquest. The party or an adult member of his or her family shall be present; refusal to appear on the scene shall not prevent the inquest from proceeding.
Upon notification by the people's court, the relevant units and individuals shall have the obligation to preserve the site and assist in the inquest.
The inspector shall make a written record of the circumstances and results of the inquest, on which the inspector, the party and the requested participants shall affix their signatures or seals.
Article 74
Under circumstances where there is a likelihood that evidence may cease to exist or be lost or difficult to obtain later on, the participants in proceedings may apply to the people's court for the evidence to be preserved, the people's court may also take measures to preserve such evidence on its own initiative.
Chapter VII Time Periods and Service
Section 1 Time Periods
Article 75
Time periods shall include those prescribed by law and those designated by the people's court.
Time periods shall be calculated by the hour, the day, the month and the year. The hour and day from which a time period begins shall not be counted as within the time period.
If the expiration date of a time period falls on a holiday, then the day immediately following the holiday shall be regarded as the expiration date of the time period.
A time period shall not include traveling time, a litigation document that is mailed before the expiration of a time limit shall not be regarded as overdue.
Article 76
If a party fails to meet a deadline due to force majeure or for other justified reasons, the party may apply for an extension of the time limit within 10 days after the obstacle is eliminated, whether or not an extension shall be granted shall be decided by the people's court.
Section 2 Service
Article 77
A receipt shall be required for every litigation document that is served, and the recipient of the service shall sign or affix his or her seal to it and the date of receipt.
The date of receipt as signed by the recipient of the service shall be regarded as the date on which the document is served.
Article 78
Litigation documents shall be served directly to the recipient of the service. If the recipient of the service is a citizen, the documents shall, in the case of his or her absence, be received by an adult member of his or her family living with him or her; if the recipient of the service is a legal person or any other organization, the document shall be received by the legal representatives of the legal person or the principal persons in charge of any other organization or the persons of the legal person or any other organization in charge of receiving such documents; if the recipient of the service has an agent ad litem, the documents may be served to the agent ad litem; if the recipient of the service has designated an agent to receive his or her litigation documents and has informed the people's court of it, the documents may be received by the agent.
The date of receipt as signed by the adult family member living with the recipient of service, or persons in charge of receiving documents of legal persons or other organizations, or agents ad litem, or agents designated by a party to receive his or her documents shall be regarded as the date on which the document is served.
Article 79
If the recipient of the service of a litigation document or the adult family member living with him or her refuses to accept a legal document, the person serving the document shall ask representatives from the relevant grassroots organization or the unit to which the recipient of the service belongs to be present at on the scene, explain the situation to them, and record on the receipt the particulars of the refusal and the date, after the person serving the document and the witnesses have affixed their signatures or seals to the receipt, the document shall be left at the place where the recipient of the service stays and the service shall be considered completed.
Article 80
If direct service of a litigation document proves to be difficult, service of the document may be entrusted to another people's court, or it may be served by post. If a document is served by post, the date as marked on the receipt shall be regarded as the date on which the document is served.
Article 81
If the recipient of the service is in the military, the document shall be forwarded to him or her by the political affairs organ at or above the regimental level in the unit to which he or she belongs.
Article 82
If the recipient of the service is undergoing imprisonment, the document shall be forwarded to him or her by the prison or unit of reform through labor where he or she is serving his or her term.
If the recipient of the service is undergoing rehabilitation through labor, the document shall be forwarded to him or her by the unit supervising his or her rehabilitation through labor.
Article 83
Any organization or unit that receives a litigation document to be forwarded must immediately deliver it to the recipient of the service for a receipt. The date as marked on the receipt shall be regarded as the date on which the document is served.
Article 84
If the whereabouts of a recipient of the service is unknown, or if a document cannot be served by the other methods stipulated by this Section, the document shall be served by public announcement. Sixty days after the date of the public announcement, the document shall be deemed to have been served.
The reasons for service by public announcement and the procedures taken shall be recorded in the case files.
Chapter VIII Conciliation
Article 85
The people's court shall, in handling civil cases, distinguish between right and wrong and conduct conciliation under the principle of voluntariness of the parties and on the basis of evident facts.
Article 86
When a people's court conducts a conciliation, a single judge or a collegial panel may preside, and conciliation¡¯s shall be conducted locally whenever possible.
When a people's court conducts a conciliation, it may employ simplified methods to notify the parties and witnesses to appear in court.
Article 87
When a people's court conducts a conciliation, it may request the assistance of units or individuals concerned. The requested units or individuals shall assist the people's court in conducting the conciliation.
Article 88
A conciliation agreement must be based on voluntariness of both parties, and shall not be reached through compulsion. The content of the conciliation agreement may not violate the provisions of the law.
Article 89
When a conciliation agreement is reached, the people's court shall draw up a conciliation statement. A conciliation statement shall clearly set forth the claims of the action, the facts about the case, and the result of the conciliation.
The conciliation statement shall be signed by the judge and the court clerk, affixed a seal of the people's court, and served to both parties.
Once the conciliation statement is received and signed by both parties, it shall become legally effective.
Article 90
The people's court need not draw up a conciliation statement for the following cases when an agreement is reached through conciliation:
(1). cases of divorce in which both parties have become reconciled after conciliation;
(2). cases in which adoptive relationship has been maintained through conciliation;
(3). cases in which the claims can be immediately satisfied; and
(4). other cases that do not require conciliation statements.
Any agreement that does not require a conciliation statement shall be entered into the written record and shall become legally effective after being signed or sealed by both parties, the judge and the court clerk.
Article 91
If no agreement is reached through conciliation or if one party retracts before the conciliation statement is served, the people's court shall render a judgment without delay.
Chapter IX Property Preservation and Preliminary Execution
Article 92
If it becomes impossible or difficult to execute a judgment because of the acts of one of the parties or for other reasons, the people's court may, at the request of the other party, order that property preservation be adopted. In the absence of such request, the people's court may, when necessary, also order to adopt property preservation measures.
When a people's court has decided to adopt property preservation, it may instruct the applicant to provide a security; if the applicant fails to do so, his or her application shall be rejected.
After receiving a party's application, if the case is urgent, the people's court must make an order within 48 hours concerning property preservation; if property preservation is granted by an order, implementation thereof shall begin immediately.
Article 93
Any interested party whose lawful rights and interests, due to urgent circumstances, would suffer unremediable harms without immediately applying for property preservation, may, before filing the lawsuit, apply to the people's court for the adoption of property preservation measures. The applicant shall provide a security; if the applicant fails to do so, his or her application shall be rejected.
After receiving a party's application, the people's court must make an order within 48 hours concerning property preservation; if property preservation is granted by an order, the implementation thereof shall begin immediately.
If the applicant fails to bring an action within 15 days after the people's court has adopted the preservation measures, the people's court shall cancel the property preservation.
Article 94
Property preservation shall be limited to the scope of the claim or to the property relevant to the case.
Property preservation shall be carried out by sealing up, distraining, freezing or other methods as prescribed by law.
After the people's court freezes a property, it shall notify the person against whom the application is made.
Property that has already been sealed up or frozen shall not be sealed up or frozen again.
Article 95
If the applicant against whom the application is made provides a security, the people's court shall cancel the property preservation.
Article 96
If the application is wrongfully made, the applicant shall compensate the person against whom the application is made for any loss incurred from property preservation.
Article 97
The people's court may, at the request of the parties, order preliminary execution in respect to the following cases:
(1). those involving claims for alimony, support for children or elders, pension for the disabled or the family of a decedent, or expenses for medical care;
(2). those involving claims for remuneration for labor; and
(3). those involving urgent circumstances that require preliminary execution.
Article 98
Cases in which preliminary execution is ordered by the people's court shall meet the following conditions:
(1). the relationship of rights and obligations between the parties is definite, and denial of preliminary execution would seriously affect the life or business of the applicant; and
(2). the person against whom the application is made is capable of fulfilling the obligations.
The people's court may instruct the applicant to provide a security, if the applicant fails to do so, his or her application shall be rejected. If the applicant loses the lawsuit, he or she shall compensate the person against whom the application is made for any loss of property incurred from the preliminary execution.
Article 99
If a party is not satisfied with the order on property preservation or preliminary execution, it may apply for reconsideration which could be granted only once. Implementation of the order shall not be suspended during the time of reconsideration.
Chapter X Compulsory Measures against Impairment of Civil Actions
Article 100
If a defendant is required to appear in court, but still refuses to appear in court without justified reason after having been served twice with subpoena, the people's court may summon him or her to court by a warrant.
Article 101
Participants in proceedings and other persons shall abide by the court rules.
Should any person violate the court rules, the people's court may reprimand him or her or order him or her to leave the court, or impose a fine or detention on him or her.
With respect to any person who seriously disrupts the court procedure by making an uproar in the court or assaulting the courtroom, or insulting, slandering, threatening, or beating the judicial personnel, criminal responsibility shall be investigated according to law; if the circumstances are minor, a fine or detention may be imposed thereon.
Article 102
If a participant in the proceedings or any other person commits any of the following acts, the people's court may, in the light of the seriousness of the circumstances, impose a fine or detention thereon; if a crime is constituted, criminal responsibility shall be investigated according to law:
(1). forging or destroying significant evidence, which would obstruct the trial of a case by the people's court;
(2). resorting to violence, threats or subornation to hinder a witness from giving testimony, or instigating, suborning, or coercing others to give false testimony;
(3). concealing, transferring, selling or destroying property that has been sealed up or distrained, or that has been made an inventory of and has been put under his or her care according to instruction, or transferring the property that has been frozen;
(4). insulting, slandering, incriminating with false charges, beating up or retaliating against judicial personnel, participants in proceedings, witnesses, interpreters, experts, inspectors or persons assisting in execution;
(5). using violence, threats or other means to hinder judicial personnel from performing their duties; or
(6). refusing to comply with the legally effective judgments or orders made by the people's court.
If a unit has any of the acts mentioned in the preceding paragraph, the people's court may impose a fine or detention on its principal person in charge or persons directly held responsible; if a crime is constituted, criminal responsibility shall be investigated according to law.
Article 103
With respect to a unit under an obligation to assist in investigation and execution that commits any of the following acts, the people's court may, apart from instructing it to perform its obligation to assist, also impose a fine:
(1). refusing or obstructing, by units concerned, investigations and collection of evidence by the people's court;
(2). after receiving a notification on assistance in execution from the people's court, refusing by banks, credit cooperatives or other units operating service of savings deposits to assist in inquiring, freezing or transferring relevant deposit.
(3). after receiving a notification on assistance in execution from the people's court, refusing by units concerned to assist in withholding the income of the party subject to execution, handling formalities for transferring relevant certificates and passing on relevant negotiable instrument, certificates, or other property; or
(4). refusing to provide other obligatory assistance in execution.
With respect to a unit that commits any of the acts specified in the preceding paragraph, the people's court may impose a fine on the principal person in charge of the unit or the person held directly responsible; the people's court may also put forward a proposal on the imposition of disciplinary penalty to the supervisory organ and organs concerned.
Article 104
A fine on an individual shall not exceed 1,000 Renminbi yuan. A fine on a unit shall exceed 1,000 Renminbi yuan and not exceed 30,000 Renminbi yuan.
A detention period shall not exceed 15 days.
The people's court shall deliver detained persons to a public security organ for custody. The people's court may decide to grant the detained person an early release if he or her admits and corrects his or her wrongdoing.
Article 105
Imposition of summons by warrant, fine or detention shall be subject to approval of the president of a people's court.
Warrant shall be issued for carrying out summons by warrant.
Letters of decision shall be issued for fines and detentions. If an offender is not satisfied with the decision, he or her may apply to a people's court at a higher level for reconsideration that could be granted only once. The execution of the decision shall not be suspended during the time of reconsideration.
Article 106
Decision on the adoption of compulsory measures against impairment of civil actions must be made by the people's court. Any unit or individual that extorts a debt by illegitimate detention of a person or illegal distraint of a property shall be investigated for criminal responsibility according to law, or shall be punished with a detention or fine.
Chapter XI Litigation Costs
Article 107
Any party filing a civil lawsuit shall pay a case acceptance fee in accordance with relevant regulations. With respect to cases concerning property, the party shall pay other litigation costs, in addition to case acceptance fee.
Parties that have true difficulty in paying litigation costs may, in accordance with relevant regulations, apply to the people's court for suspension or reduction of or exemption from the payment.
Measures for the charging and collecting of litigation costs shall be formulated separately.
Chapter XII Ordinary Procedure of First Instance
Section 1 Initiating An Action and Accepting a Case
Article 108
The following requirements must be met when an action is initiated:
(1). the plaintiff must be an individual, legal person or any other organization that has a direct interest in the case;
(2). there must be a specific defendant;
(3). there must be a concrete claim, facts and cause of action; and
(4). the action must be within the scope of acceptance for civil lawsuits of the people's courts and within the jurisdiction of the people's court where it is filed.
Article 109
When initiating an action, a bill of complaint shall be submitted to the people's court, and copies of the bill shall be prepared according to the number of defendants.
If a plaintiff has true difficulty in writing a bill of complaint, he or she may lodge his or her complaint orally, and the court shall transcribe it into written records and inform the other party.
Article 110
A bill of complaint shall clearly set forth the following matters:
(1). the name, sex, age, nationality, occupation, employer and address of the party, or the name, address and name and position of the legal representative or principal person in charge of the legal person or other organization;
(2). the claim of the lawsuit and the facts and grounds on which the lawsuit is based; and
(3). evidence and its sources, as well as the names and addresses of witnesses.
Article 111
The people's court must accept the lawsuits filed in conformity with the provisions of Article 108 of this Law; with respect to lawsuits described below, the people's court shall handle them according to their specific circumstances:
(1). with respect to those within the scope of acceptance for administrative lawsuits in accordance with the provisions of the Administrative Procedure Law, the people's court shall notify the plaintiff to institute an administrative lawsuit;
(2). according to legal provisions, if both parties have on voluntary basis reached a written agreement on arbitration concerning contract disputes that they shall apply to an arbitration agency for arbitration, and may not institute legal proceedings in a people's court, the people's court shall notify the plaintiff to apply to an arbitration agency for arbitration;
(3). with respect to disputes which, according to law, should be handled by other organs, the people's court shall notify the plaintiff to apply to the relevant organ for settlement;
(4). with respect to cases that are not under its jurisdiction, the people's court shall notify the plaintiff to bring a lawsuit in the competent people's court;
(5). with respect to cases in which a judgment or order has already taken legal effect, but one party again brings a suit, the people's court shall notify that party to file an appeal instead, with the exception of those cases in which an order is rendered by the people's court allowing the withdrawal of an action;
(6). if cases that are not permitted by law to be filed within a specified period are filed during the same period, they shall not be accepted; and
(7). if a case of divorce in which a judgment has been made not granting the divorce, or in which both parties have become reconciled after conciliation, or in which the plaintiff has withdrawn the suit, or any suit concerning adoptive relationship in which a judgment has been made or conciliation conducted to maintain the adoptive relationship is refilled within six months without new development and reasons, it shall not be accepted.
Article 112
When a people's court receives a bill of complaint or an oral complaint and finds after review that it meets the requirements for acceptance, it shall file the case within seven days and notify the parties; if the complaint does not meet the requirements for acceptance, the court shall, within seven days, order that the complaint be rejected. If the complainant has an objection against the order, he or she may file an appeal.
Section 2 Preparations for Trial
Article 113
The people's court shall send a copy of the bill of complaint to the defendant within five days from its filing of the case, and the defendant shall submit a bill of defense within 15 days from the receipt of the copy of the bill of complaint.
If the defendant submits a bill of defense, the people's court shall send a copy of the bill of defense to the plaintiff within five days from its receipt. Failure by the defendant to submit a bill of defense shall not prevent the case from being heard by the people's court.
Article 114
The people's court shall, in relation to cases whose acceptance has been decided, notify the parties orally or in the notification on case acceptance or in notification on response to prosecution, of their relevant litigation rights and obligations.
Article 115
The parties shall be notified within three days after members of the collegial panel are decided.
Article 116
The judicial personnel must carefully examine the case materials and carry out investigation and collection of necessary evidence.
Article 117
Any person sent by a people's court to conduct an investigation shall first present his or her credentials to the person being investigated.
The written record of an investigation shall be checked by the person investigated and then signed or sealed by both the investigator and the investigated.
Article 118
A people's court may, when necessary, entrust a people's court in another locality with an investigation.
The entrusting people's court shall clearly set out the matters and requirements of the entrusted investigation. The entrusted people's court may, on its own initiative, conduct supplementary investigation.
The entrusted people's court shall complete the investigation within 30 days after receiving the letter of entrustment. If for some reason it cannot complete the investigation, it shall notify the entrusting people's court in writing within the above-mentioned time limit.
Article 119
If a party who must participate in a joint lawsuit fails to participate in the proceedings, the people's court shall notify it to participate.
Section 3 Trial in Court
Article 120
Civil cases in a people's court shall be heard in public, except for those that involve State secrets or personal privacy of individuals or otherwise provided for by law.
A divorce case or a case involving trade secrets may not be heard in public if the party so requests.
Article 121
In handling civil cases, the people's courts shall, whenever necessary and possible, send out circuit tribunals to hold trials on the spot.
Article 122
The people's court shall notify the parties and other participants in civil case three days before the opening of a court session. If
a case is to be heard in public, the names of the parties, the cause of action and the time and location of the court session shall be made known to the public.
Article 123
Before a court session is called to order, the court clerk shall ascertain whether or not the parties and other participants are present and announce the rules of order of the court.
At the beginning of a trial, the presiding judge shall check to make sure the parties are present, announce the cause of action and the names of the judicial personnel and court clerks, inform the parties of their relevant litigation rights and obligations and ask the parties whether or not they wish to apply for the withdrawal of any court personnel.
Article 124
Courtroom investigation shall be conducted in the following order:
(1). presentation of statements by the parties;
(2). informing the witnesses of their rights and obligations, giving testimony by the witnesses and reading out the statements of absent witnesses;
(3). presentation of documentary evidence, material evidence and audio-video material;
(4). reading out the expert conclusions; and
(5). reading out the records of inquests.
Article 125
The parties may present new evidence during a court session.
With the permission of the court, the parties may put questions to witnesses, expert witnesses and inspectors.
The parties may request a new investigation expert evaluation or inquest, the people court shall decide whether or not to approve such a request.
Article 126
Additional claims by the plaintiff, counterclaims by the defendant and claims by a third party related to the case may be tried together.
Article 127
Court debates shall be conducted in the following order:
(1). presentation of statements by the plaintiff and his or her agents ad litem;
(2). response by the defendant and his or her agents ad litem;
(3). presentation of statements or defense by the third party and its agents ad litem;
(4). debate between among them.
At the end of the court debate, the presiding judge shall ask each side to present his or her final arguments, in the order of the plaintiff, the defendant and then the third party.
Article 128
At the conclusion of the court debate, a judgment shall be made according to law. Where conciliation is possible prior to rendering a judgment, conciliation effort may be conducted; if conciliation fails, a judgment shall be made without delay.
Article 129
If a plaintiff has bee served with a legal subpoena and refuses to appear in court without justified reason, or if he or she walks out during a court session without the permission of the court, the court may consider the plaintiff has applied to withdraw his or her complaint; if the defendant files a counterclaim, the court may make a judgment by default.
Article 130
If a defendant has been served with a legal subpoena and refuses to appear in court without justified reason, or if he or she walks out during a court session without the permission of the court, the court may make a judgment by default.
Article 131
If a plaintiff applies to withdraw his or her complaints before judgment is pronounces, the people's court shall make an order regarding whether to grant approval.
If the withdrawal of complaints is denied by an order, and the plaintiff, after having been served with a subpoena, refuses to appear in court without justified reason, the people's court may make a judgment by default.
Article 132
Under any of the following circumstances, court session may be postponed:
(1). the parties or other participants in the proceedings required to appear in court fail to do so for justified reasons;
(2). a party requests the withdrawal only presently;
(3). if it is necessary to summon new witnesses to court, collect new evidence, make a new expert evaluation, hold another inquest, or make supplementary investigation; or
(4). other circumstances that warrant the postponement.
Article 133
The court clerk shall make a written record of the entire court proceedings, which shall be signed by the judicial personnel and the court clerk.
The court record shall be read out in court, or the parties and other participants in the proceedings may be notified to read the record while in court or within five days. If the parties or other participants in the proceedings consider that there are omissions or errors in the record of their statements, they shall have the right to apply for additions or corrections. If such additions or corrections are not permitted, the application shall be written into the case file.
The court record shall be signed or sealed by the parties and other participants in the proceedings. Refusal to do so shall be recorded in a note to be attached to the file.
Article 134
The people's court shall publicly pronounce its judgment in all case, whether or not heard in public.
If a judgment is pronounced in court, the written judgment shall be issued and delivered within ten days; if a judgment is pronounced later on a fixed date, the written judgment shall be issued immediately after the pronouncement.
Upon pronouncement of a judgment, the parties must be informed of their right to file an appeal, the time limit for appeal and the court to which they may appeal.
Upon pronouncement of a divorce judgment, the parties must be informed not to remarry before the judgment takes legal effect.
Article 135
A people's court shall, in handling a case to which ordinary procedure is applied, close it within six months from filing the case. Where an extension is necessary for special circumstances, a six-month extension may be given subject to the approval of the president of the said court; any further extension shall be reported to the people's court at a higher level for approval.
Section 4 Suspension and Termination of an Action
Article 136
Under any of the following circumstances, an action shall be suspended:
(1). one of the parties dies and it is necessary to wait for his or her heir to make clear whether he or she would participate in the proceedings;
(2). one of the parties has lost the capacity for action and his or her statutory representative has not been designated yet;
(3). the legal person or any other organization as one of the parties has terminated, and the person succeeding to its rights and obligations has not been determined yet;
(4). one of the parties is unable to participate in the proceedings for reasons of force majeure;
(5). the current case is dependent on the results of the trial of another case that has not yet been concluded; or
(6). other circumstances that warrant the suspension of the lawsuit.
The proceedings shall resume after the causes of the suspension have been eliminated.
Article 137
Under any of the circumstances, an action shall be terminated:
(1). the plaintiff dies without an heir, or the heir waives his or her right of litigation;
(2). the defendant dies without estate nor a person who should succeed to his or her obligations;
(3). one of the parties in a divorce case dies; or
(4). one of the parties in a case involving claims for overdue alimony, support for children or elders or a claim for the termination of adoptive relationship dies.
Section 5 Judgment and Order
Article 138
A judgment shall clearly state:
(1). the cause of action, the claims, and the facts of and reasons for the dispute;
(2). the facts and reasons on which the judgment is based and the law is applied;
(3). the result of the judgment and the litigation costs to be borne; and
(4). the time limit for filing an appeal and the court with which the appeal may be filed.
A judgment shall be signed by the judicial personnel and the court clerk, and the seal of the people's court shall be affixed to it.
Article 139
If some of the facts in a case being tried by the people's court are already evident, the court may pass judgment on those facts first.
Article 140
Orders shall be applicable to the following:
(1). rejection of a lawsuit;
(2). objection to the jurisdiction of a court;
(3). rejection of a complaint;
(4). property preservation and preliminary execution;
(5). approval or disapproval of withdrawal of a lawsuit;
(6). suspension or termination of a lawsuit;
(7). correction of slips of pen in the judgment;
(8). suspension or termination of execution;
(9). cancellation of or refusal to enforce an arbitral award;
(10) refusal to enforce a document on creditor's rights which has been rendered by the notary office; and
(11). other matters to be decided by an order.
An appeal may be lodged against the order specified Items (1), (2) and (3) of the preceding paragraph.
A written order shall be signed by the judicial personnel and the court clerk, and the seal of the people's court shall be affixed to it. If an order is issued orally, it shall be entered in the record.
Article 141
All judgments and orders of the Supreme People's Court, as well as judgments and orders that may not be appealed against according to law or have not been appealed against within the prescribed time limit, shall be legally effective.
Chapter XIII Summary Procedure
Article 142
When trying simple civil cases in which the facts are evident, relationship of rights and obligations is definite, and disputes are minor, the grassroots people's courts and the tribunals dispatched by them may apply the summary procedure stipulated in his Chapter.
Article 143
In simple civil cases, the plaintiff may lodge his or her complaint orally.
The two parties may appear at the same time at a grassroots people's court or a tribunal dispatched by it to request a settlement of their dispute. The grassroots people's court or the tribunal dispatched by it may try the case immediately or set a date for the trial.
Article 144
In trying a simple civil case, the grassroots people's court or the tribunal dispatched by it may, at any time, apply simplified methods to summon the parties and witnesses.
Article 145
Simple civil cases shall be tried by a single judge alone, and shall not be restricted by the provisions of Articles 122, 124 and 127 of this Law.
Article 146
The people's court shall, in handling a case to which summary procedure is applied, close it within three months from filing the case.
Chapter XIV Procedure of Second Instance
Article 147
If a party refuses to accept the judgment of first instance of a local people's court, the party shall have the right to file an appeal with the people's court at the next higher level within 15 days from the date on which the written judgment is served.
If a party refuses to accept an order of first instance of a local people's court, the party shall have the right to file an appeal with a people's court at the next higher level within 10 days from the date on which the written order is served.
Article 148
In filing an appeal, an appeal petition shall be submitted. An appeal petition shall include the names of the parties, the names of the legal persons and their legal representatives or names of other organizations and their principal person in charge; the name of the people's court where the case was originally tried, the serial number of the case file and the cause of action and the claims of the appeal and reasons for it.
Article 149
An appeal petition shall be submitted through the people's court which originally tried the case, and copies of the petition shall be prepared according to the number of people in the other party or the representatives thereof.
If a party appeals directly to a people's court of second instance, the court shall, within five days, transfer the appeal petition to the people's court which originally tried the case.
Article 150
Within five days after receiving an appeal petition, the people's court which originally tried the case shall serve copies of the appeal petition on the other party; After receiving the copies of the appeal petition, the other party shall submit its defense within 15 days. The people's court shall, within five days from receiving the defense, serve copies of the defense on the appellant. Failure by the other party to submit a defense shall not prevent the case from being tried by the people's court.
After receiving the appeal petition and the defense, the people's court which originally tried the case shall, within five days, deliver them together with the entire case file and evidence to the people's court of second instance.
Article 151
With respect to an appealed case, the people's court of second instance shall review the relevant facts and the application of the law.
Article 152
When handling an appealed case, the people's court of second instance shall form a collegial panel and conduct a hearing. Having verified the facts of the case by consulting the files, making necessary investigations and questioning the parties, if the collegial panel considers that it is not necessary to hold a hearing, it may make a judgment or order without a hearing.
A people's court of second instance may try an appealed case in its own court or in the place where the case originated or where the people's court which originally tried the case is located.
Article 153
After hearing an appealed case, the people's court of second instance shall handle it respectively according to the following conditions:
(1). if the facts were clearly ascertained and the law was correctly applied in the original judgment, the appeal shall be rejected and the original judgment shall be sustained;
(2). if the law was incorrectly applied in the original judgment, the judgment shall be amended according to law;
(3). if in the original judgment the facts were incorrectly ascertained or were not clearly ascertained and the evidence was inconclusive, the judgment shall be rescinded and the case remanded by an order to the original people's court for retrial, or the people's court of second instance may amend the judgment after investigating and clarifying the facts; or
(4). if in the original judgment a violation of the prescribed procedure may have affected the correctness of the judgment, the judgment shall be rescinded and the case remanded by an order to the original people's court for retrial.
The parties may appeal against the judgment or order rendered in a retrial of their case.
Article 154
A people's court of second instance shall use orders in all cases of appeal against the orders made by the people's court of first instance.
Article 155
In handling an appealed case, a people's court of second instance may conduct conciliation. If an agreement is reached through conciliation, a conciliation statement shall be made and signed by the judicial personnel and the court clerk, and the seal of the people's court shall be affixed to it. After the conciliation statement has been served, the judgment of the people's court which originally tried the case shall be considered rescinded.
Article 156
If an appellant requests to withdraw his or her appeal before a people's court of second instance pronounces its judgment, the court shall decide whether or not approve the request.
Article 157
When a people's court of second instance handles an appealed case, it shall apply the ordinary procedure for trials of first instance, in addition to applying the provisions of this Chapter.
Article 158
The judgments and orders of a people's court of second instance shall be final.
Article 159
In trying an appealed case against a judgment, the people's court shall make a final judgment within three months after the case was filed as one of second instance. Any extension of the term necessitated by special circumstances shall be subject to the approval of the president of the said court.
In trying an appealed case against an order, the people's court shall make a final order within 30 days after the case was filed as one of second instance.
Chapter XV Special Procedure
Section 1 General Stipulations
Article 160
When a people's court handles cases concerning the credentials of voters, the proclamation of a person as missing or dead, the determination of a citizen as incompetent or with limited capacity for civil conduct and the determination of a property as ownerless, the provisions of this Chapter shall apply. In absence of such provisions in this Chapter, the relevant provisions of this Law and other laws shall apply.
Article 161
With respect to a case tried in accordance with the procedure stipulated in this Chapter, the judgment of first instance shall be final. A collegial panel of judges shall be formed for the trial of any case involving the credentials of voters or any major, difficult or complicated case; other cases shall be tried by a single judge alone.
Article 162
If a people's court, while trying a case in accordance with the procedure stipulated in this Chapter, discovers that the case involves a dispute over rights and interests in civil affairs, it shall make an order to terminate the special procedure and inform the interested parties to initiate another suit.
Article 163
The people's court shall, in trying cases to which special procedure is applied, close them within 30 days from filing the case or within 30 days from expiration of the term set forth in the public notice. Any extension of the term necessitated by special circumstances shall be subject to the approval of the president of the said court, however, except cases concerning the credentials of voters.
Section 2 Cases Concerning the Credentials of Voters
Article 164
If a citizen refuse to accept an election committee's decision on an appeal concerning the credentials of the voter, he or she may, five days before the election day, bring a suit in the grassroots people's court located in his or her electoral district.
Article 165
After a people's court has accepted a case concerning the credentials of voters, it must close the case before the election day.
When trying such a case, the prosecutor, a representative of the election committee and other citizens concerned must participate in the proceedings.
The written judgment of the people's court shall be served to the election committee and the prosecutor before the election day, and other citizens concerned shall be notified of the judgment.
Section 3 Cases Concerning the Proclamation of a Person as Missing or Dead
Article 166
With respect to a citizen whose whereabouts have been unknown for two years, if the interested party applies for proclaiming the person as missing, the application shall be filed with the grassroots people's court in the locality where the missing person has his or her domicile.
The application shall clearly state the facts and time of the disappearance as well as the action requested, and documentary evidence from a public security organ or other relevant organs concerning the disappearance of the citizen shall be appended.
Article 167
With respect to a citizen whose whereabouts have been unknown for four years or whose whereabouts have been unknown for two years after an accident in which he or she was involved, or whose whereabouts have been unknown after an accident in which he or she was involved and, upon verification by the relevant authorities, the said citizen is unable to survive, if the interested party applies for proclaiming such person as dead, the application shall be filed with the grassroots people's court in the locality where the missing person has his or her domicile.
The application shall clearly state the facts and time of the disappearance as well as the action requested, and documentary evidence from a public security organ or other relevant organs concerning the disappearance of this citizen shall be appended.
Article 168
After accepting a case concerning a proclamation of a person as missing or dead, the people's court shall issue a public search notice for the person whose whereabouts have been unknown. The time limit of the notice on the proclamation of a person as missing shall be three months, and the time limit of the notice on the proclamation of a person as dead shall be one year. Where a citizen's whereabouts have been unknown after an accident in which he or she was involved and, upon verification by the relevant authorities, the said citizen is unable to survive, the time limit of the notice on the proclamation of such person as dead shall be three mo
