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Law of Civil Procedure of the People's Republic of China
(Adopted by the fourth session of the seventh National People's Congress on 9th April 1991)
Contents:
Part One General Principles
Chapter I. Tasks, Application Scope and Basic Principles
Chapter II. Jurisdiction
Section One Differentiated
Jurisdiction
Section Two Regional
Jurisdiction
Section Three Transferred
Jurisdiction and Designated Jurisdiction
Chapter III. Trial Group
Chapter IV. Withdrawal
Chapter V. Litigant Participants
Section One Litigants
Section Two
Litigant Representatives
Chapter VI. Evidence
Chapter VII. Period and Service
Section One Period
Section Two
Service
Chapter VIII. Mediation
Chapter IX. Custody of Property and Prior Execution
Chapter X. Coercive Measures Against Hindrance to Civil Actions
Chapter XI. Litigation Fees
Part Two Trial Procedure
Part Three Procedure of Execution
Part Four Special Provisions for Procedure of Civil Actions Involving Foreigners
Part One - General Principles
Chapter I. Tasks, Scope of Application and Basic Principles
Article 1.
The Law of Civil Procedure of the PRC takes the Constitution as its
basis. It is enacted in the light of China's experience in handling civil
cases and the actual conditions.
Article 2.
The tasks of the Law of Civil Procedure of the PRC are to protect
the party from a lawsuit in exercising its litigant rights and to ensure
that the People's Court establishes the truth based on facts,
distinguishes right from wrong, applies laws correctly, handles civil
cases promptly, ascertains the relationship between civil rights and
obligations, takes sanctions against civil violations, safeguards the
legitimate rights and interests of the party to a lawsuit, educates the
citizens to abide conscientiously by the law, safeguards social and
economic order and ensures the smooth progress of socialist construction.
Article 3.
Provisions of the Law apply
to civil lawsuits between citizens, between legal persons and between
other organizations, as well as among them, filed because of property and
personal relationship, and are handled by the People's Court.
Article 4.
Civil proceedings within the
territory of the PRC shall abide by this Law.
Article
5.
In filing a lawsuit and responding to a lawsuit
in the People's Court, foreigners, people without nationality, foreign
enterprises and other organizations shall have the same equal litigant
rights and obligations as the citizens, legal persons and other
organizations of the PRC.
Should the court of a foreign country
restrict the civil litigant rights of the citizens, legal persons and
other organizations of the PRC, the People's Court of the PRC shall
exercise a reciprocal principle on the civil litigant rights of the
citizens, enterprises and other organizations of that country.
Article 6.
The judicial authority over
civil cases is exercised by the People's Court.
In civil
proceedings, the People's Court administers justice independently
according to law, subject to no interference by administrative organs,
organizations or individuals.
Article 7.
In civil proceedings, the People's Court shall base itself on
facts and take the law as the criterion.
Article
8.
In civil proceedings, the litigants shall have
equal litigant rights. In handling a civil case, the People's Court shall
ensure and make it convenient for the litigants to exercise their litigant
rights; in the application of the law, the litigants are deemed as equals.
Article 9.
In civil proceedings, the
People's Court shall promote mediation in accordance with the principle of
voluntariness and legitimacy; a court decision shall be made promptly when
mediation has failed.
Article 10.
In
civil proceedings, the People's Court practices the system of collegiate
bench, withdrawal and public trial, and the system of two instances, the
first and the final.
Article 11.
Citizens of all nationalities have the right to use their own
languages, spoken or written, in civil proceedings.
In districts
compactly inhabited by a minority nationality or by a number of
nationalities, the People's Court shall hear cases and issue legal
documents in the commonly used language in the locality.
The
People's Court shall provide interpretation for a litigant participant
unacquainted with the spoken or written language commonly used in the
locality.
Article 12.
When the People's
Court is hearing a civil case, the litigant has the right of debate.
Article 13.
Litigants have the right of
disposing of their own civil rights and litigant rights within the limits
prescribed by law.
Article 14.
The
People's Procuratorate has the right of legal supervision over the trials
of civil cases.
Article 15.
Organs,
social organizations, enterprises and institutions may support the injured
units or individuals to file a suit with the People's Court against acts
that damaged the civil rights or interests of the state, collectives or
individuals.
Article 16.
The People's
Mediation Committee is a mass organization that mediates civil disputes
under the guidance of the ground-level people's government and
ground-level people's court.
The People's Mediation Committee
conducts mediation according to the law and the principle of
voluntariness. Litigants shall honor the agreement reached through
mediation; those who do not wish to mediate, or fail to reconcile their
difference, or go back on their word, may file a suit at the People's
Court.
The People's Court shall correct any violations of law
committed by the People's Mediation Committee during mediation.
Article 17.
The People's Congress of
ethnic autonomous regions may draft flexible or supplementary provisions
in accordance with the principles incorporated in the Constitution and
this Law, as well as the specific ethnic conditions in their localities.
The provisions of an autonomous region shall be reported to the NPC
Standing Committee for ratification. The provisions of an autonomous
prefecture and county shall be reported to the standing committee of the
provincial or autonomous regional people's congress for ratification, and
to the NPC Standing Committee for the record.
Section One: Differentiated Jurisdiction
Article 18.
Unless otherwise stipulated in
this Law, the ground-level people's court is competent to rule on the
first instance of civil cases.
Article 19.
The intermediate people's court is competent to rule on the first
instance of the following cases
(1) Major cases involving foreigners;
(2) Cases of great
impact within its jurisdiction;
(3) Cases determined by the
Supreme People's Court as coming under its jurisdiction.
Article 20.
The Higher People's Court is
competent to rule on the first instance of civil cases having great impact
within its jurisdiction.
Article 21. The
Supreme People's Court is competent to rule on the first instance of the
following civil cases
(1) Cases having great impact nationwide;
(2) Cases it deems
necessary to try.
Section Two: Regional Jurisdiction
Article 22.
A civil suit against a citizen
comes under the jurisdiction of the people's court at the place where the
defendant is domiciled; where the defendant's domicile and regular abode
is different, the case comes under the jurisdiction of the people's court
at the place of his regular abode.
A civil suit against an
institution or any other organization comes under the jurisdiction of the
people's court at the place where the defendant is registered.
When the domiciles and regular abodes of several defendants in the
same civil suit come under the jurisdiction of two or more people's
courts, they all have the right of jurisdiction.
Article
23.
The following civil suits come under the
jurisdiction of the people's court at the place where the plaintiff is
domiciled; where the plaintiff's domicile and regular abode is different,
the case comes under the jurisdiction of the people's court at the place
of his regular abode
(1) Actions concerning the identity of persons who do not reside
within the domain of the PRC;
(2) Actions concerning the
identity of persons whose whereabouts are unknown or who have been
declared missing;
(3) Actions against persons undergoing
re-education through labor;
(4) Actions against persons in
prison.
Article 24.
Actions arising from disputes
over contracts come under the jurisdiction of the people's court at the
place of their signing or the place of their implementation.
Article 25.
The two parties to a
contract may specify in writing, the jurisdiction of the people's court of
their choice with regard to the defendant's registered address, the place
for honoring the contract, the place where the contract is signed, the
plaintiff's registered address and the place of the tendered object, but
they must not violate the provisions on differentiated jurisdiction and
special jurisdiction in this Law.
Article 26.
Actions arising from disputes over insurance contracts come under
the jurisdiction of the people's court at the place of the defendant's
registered address, or at the place of the insured objects.
Article 27.
Actions arising from
disputes over negotiable instruments come under the jurisdiction of the
people's court at the place where the payment is to be made, or at the
place where the defendant domiciled.
Article
28.
Actions arising from disputes over contracts
concerning rail, road, water, air or through transportation come under the
jurisdiction of people's court at the place of departure, destination or
the place where the defendant is registered.
Article
29.
Actions against acts of encroachment come
under the jurisdiction of the people's court at the place where such acts
are committed or at the place where the defendant is domiciled.
Articles 30.
Actions claiming
compensation for damage arising from rail, road, water and air accidents
come under the jurisdiction of the people's court at the place where such
accidents occurred, or at the place where the vehicles or ships first
arrived, or at the place where the aircraft first landed, or at the place
where the defendant is registered.
Article 31.
Actions claiming compensation for damage from ship collisions or
other maritime accidents come under the jurisdiction of the people's court
at the place where such collisions took place, or at the port where the
damaged ship first arrived, or at the port where the ship responsible for
the damage is detained or registered.
Article
32.
Actions claiming salvage money come under the
jurisdiction of the people's court at the place of the salvage or at the
port where the salvaged ship first arrived.
Article
33.
Actions claiming common sea damage come under
the jurisdiction of the people's court at the port where the ship first
arrived, or at the place where common sea damage is settled, or at the
port where the journey ends.
Article 34.
The following cases come under the special jurisdiction of the
people's court provided for by this article:
(1) Actions started on account of disputes over immovable property
come under the jurisdiction of the people's court at the place of the
immovable property;
(2) Actions started on account of disputes
arising from harbor operations come under the jurisdiction of the
people's court at the place of the harbor;
(3) Actions started
on account of disputes over inheriting property come under the
jurisdiction of the people's court at the place of the residence of the
benefactor at the time of his death or the place of the principal
property.
Article 35.
Where an action comes under the
jurisdiction of two or more people's courts, the plaintiff may file a suit
at any of them; where the plaintiff brings an action with two or more
people's courts which are competent, the case shall be handled by the
people's court that is the first to place the case on file.
Section Three: Transferred Jurisdiction and Designated Jurisdiction
Article 36.
When a people's court
becomes aware that the case it is handling does not come under its
jurisdiction, it shall transfer the case to the competent people's court
which shall handle the case. When a people's court considers that,
according to the rules, it does not have the right of jurisdiction over a
case referred to it, it shall request the superior people's court level to
designate the jurisdiction and shall make no further transfer by itself.
Article 37.
Where the competent
people's court is unable to perform its right of jurisdiction on special
accounts.
Where the right of jurisdiction is in dispute between
people's courts, it shall be resolved through consultation by the two
parties involved; where consultation has failed, they shall request their
common superior people's court to designate the jurisdiction.
Article 38.
Where a party has an
objection to the right of jurisdiction after the case is accepted by the
people's court, the party shall raise its objection at the time of
submitting a written reply. The people's court shall examine the objection
raised by the party. Where the objection is tenable, a ruling shall be
made to transfer the case to the competent people's court; where the
objection is untenable, it shall reject the objection.
Article
39.
A superior people's court has the right to
conduct as the first instance the trial of a civil case which is under the
jurisdiction of an inferior people's court; it may also refer a civil case
under its own jurisdiction of first instance to an inferior people's court
for trial.
Where an inferior people's court considers that a civil
case of first instance under its jurisdiction should be tried by a
superior people's court, it may request that the case be referred to the
latter.
Article 40.
In civil cases of first
instance in the people's court, justice is administered by a collegiate
bench made up of either judges and assessors, or only of judges. Members
of the collegiate bench must total an odd number.
In civil cases
where simple procedures are applicable, justice is administered by one
judge independently.
Assessors during the exercise of their
functions have equal rights and obligations with the judges.
Article 41.
In civil cases of second
instance in the people's court, justice is administered by a collegiate
bench made up of judges. Members of the collegiate bench must total an odd
number. The trial de novo of a case returned shall be conducted by a newly
organized collegiate bench in the trial court in accordance with the
procedure of first instance.
A case originally of first instance
shall be tried de novo by a newly organized collegiate bench in accordance
with the procedure of first instance; a case originally of second instance
shall be tried de novo by a newly organized collegiate bench in accordance
with the procedure of second instance.
Article 42.
The presiding judge of the collegiate bench shall be
appointed by the president of the court or by a chief judge from among the
judges; where the president of the court or the chief judge takes part in
the trial, he shall act as the presiding judge.
Article
43.
The principle of the minority being
subordinate to the majority is followed in the deliberation of the
collegiate bench. The minutes of the deliberation shall be made and signed
by all members of the collegiate bench. Differing opinions must be
recorded accurately.
Article 44.
Judges shall handle cases impartially and in accordance with the
law.
Judges may not accept dinner invitations or gifts from the
litigants or their legal representatives.
The legal liability of
judges, who take bribes, practice favouritism, engage in fraudulent
practices and bend the law in administering justice, shall be pursued. In
cases where such acts constitute crimes, the criminal liability involved
shall be investigated pursuant to the law.
Article 45.
In any of the following
circumstances, a judge must withdraw from the exercise of his functions,
and a litigant is entitled to challenge him in verbal or written form
(1) Where he is a litigant in the case or a close relative of a
litigant or his legal representative;
(2) Where he has an
interest in the case;
(3) Where he has other relations with a
litigant, which may affect fairness in the administration of justice.
The provisions of the preceding paragraph are applicable to recording
clerks, interpreters, expert witnesses and inspectors.
Article
46.
In challenging, a litigant shall submit the
reasons at the beginning of the hearing; where the cause of the withdrawal
is learned after the hearing commences, the challenge may be raised before
the conclusion of arguments in court.
Except for emergency
measures required by the case, the person who is thus challenged shall
temporarily stop exercising his functions in the case before a people's
court makes a decision on the challenge.
Article 47.
The withdrawal of a court president who serves as the
presiding judge shall be decided by a judicial committee, while that of a
judge shall be decided by the president; the withdrawal of other personnel
shall be decided by the presiding judge.
Article 48.
A people's court shall make a verbal or written decision on
a litigant's application for withdrawal within three days of filing the
application. If the applicant is dissatisfied with the decision, he may
apply for reconsideration upon receipt of the decision. During the period
of reconsideration, the person who is challenged shall not stop exercising
his functions in the case. The people's court shall make a decision on
reconsideration and notify the applicant accordingly within three days of
receiving the application.
Chapter V. Litigant Participants
Section One: Litigants
Article 49.
Citizens, legal persons and
other organizations may act as litigants in civil proceedings.
A
legal person shall be represented by his legal representative in the
proceedings, while other organizations shall be represented by their
principal leaders.
Article 50.
A
litigant has the right to entrust his representative with applying for
withdrawal, collecting and presenting evidence, taking part in arguments,
requesting mediation, filing an appeal and requesting execution.
A
litigant may inspect materials pertaining to the case, and copy such
materials and legal documents. The extent to which materials pertaining to
the case can be inspected and copied, and the methods for doing so, shall
be specified by the Supreme People's Court.
A litigant must
exercise his rights in accordance with the law, observe procedural order,
and implement any legally binding verdict, ruling and mediation agreement.
Article 51.
Litigants of the two
parties may reconcile of their own accord.
Article
52.
The plaintiff may abandon or alter his
request for litigation. The defendant may admit or retort the request, and
has the right to file a counter suit.
Article 53.
A joinder is a case in which the litigants of one or both
parties involve two or more people with common litigant objects or objects
of the same type, and which a people's court deems appropriate to handle
together after obtaining the litigants' consent.
Where the
litigants of one party in a joinder have common rights and obligations
regarding the litigant objects, the litigant acts of one of them are
binding on the others if the latter recognize the acts; where the
litigants have no common rights or obligations regarding the litigant
objects, the litigant acts of any of them are not binding on the others.
Article 54.
The litigants of one party
involving many people in a joinder may name a representative to handle the
litigation. The representative's litigant acts are binding on the
litigants he represents. However, the consent of the litigants thus
represented must be obtained when it comes to changing the representative,
abandoning the request for litigation, recognizing the other party's
request for litigation and seeking reconciliation.
Article 55.
Where a case exists in
which the litigants are two or more in number with litigant objectives of
the same type, but the exact number is still not determined at the time of
litigation, the people's court may issue a public notice explaining the
case and litigant request and notifying those who have the right to join
the litigation to register with the people's court within a prescribed
period.
The registered litigants may elect a representative; if
they are unable to elect a representative, the court shall choose a
representative through consultation with the registered litigants.
The litigation acts of the representative are binding on the
litigants he represents. When the representative acts to alter or abandon
the litigant request, recognize the litigant request of the other party,
or reconcile, he must have the approval of the litigants he represents.
The judgment or ruling of the people's court is binding on all the
registered individuals who have the right to join; it is also binding on
those with the right to join who did not take part in the registration but
apply to start an action within the prescribed litigation period.
Article 56.
A third party who deems
himself entitled to an independent request with regard to the litigant
objectives of both parties has the right to start an action.
Where
a third party is not entitled to an independent request as regards the
litigant objectives in dispute, but is legally interested in the results
of the civil proceedings, he may apply to take part in the action or the
people's court may notify him to do so. A third
party who is
ordered to accept civil responsibility by the people's court has the
rights and obligations of a litigant.
Section Two: Litigant Representatives
Article 57.
Where the litigant is incapable
of litigant action, he may be represented by his legal representative;
where he has no legal representatives, the people's court shall appoint a
representative for him. Where the legal representatives shirk the
representation responsibilities among themselves, the people's court shall
appoint one of them to represent the litigant in the action.
Article 58.
Litigants or legal
representatives may entrust one or two persons to represent them in the
action.
Lawyers, close relatives of the litigants, persons
recommended by social organizations or the units where the litigants work,
or other citizens approved by the people's court may be entrusted as
litigant representatives.
Article 59.
Where a representative is entrusted in the action, a letter of
attorney signed or sealed by the party that entrusted the representative
must be presented to the people's court.
The letter of attorney
must list the items of trust and the limit of powers. Where the litigant
representative acts to recognize, abandon or alter the litigant request,
lodge a counter-charge or file an appeal, he must have the special
authorization of the represented.
The letter of attorney from a
Chinese citizen residing abroad must be certified by the Chinese embassy
or consulate in the said country. If there is no Chinese embassy or
consulate, it should be certified by the embassy or consulate of a third
country that has diplomatic relations with China and then delivered to the
Chinese embassy or consulate in that third country for certification, or
it may be certified by a patriotic overseas Chinese organization.
Article 60.
Where the power of a
litigant representative is changed or removed, the litigant shall inform
the people's court in writing, and the latter shall notify the litigant of
the other party.
Article 61.
Lawyers
acting as litigant representatives or other representatives of the
litigant have the rights to investigate, collect evidence and inspect the
files of the case in question. The scope and procedure for inspecting the
files of the case in question shall be formulated by the Supreme People's
Court.
Article 62.
The
parties involved in divorce cases shall appear before the court, except
those incapable of expressing themselves, even though there are litigant
representatives; where the party is unable to appear before the court in
special circumstances, he or she must present his or her views in written
form to the people's court.
Chapter VI. Evidence
Article 63.
Evidence falls into the
following categories
(1) Documentary evidence;
(2) Material evidence;
(3)
Video and audio material;
(4) Testimony of witnesses;
(5) Statement by litigants;
(6) Conclusion of expert
corroborations;
(7) Records of inspection.
None of the aforementioned evidence shall serve as the basis of
establishment of facts before it has been ascertained and verified.
Article 64.
Litigants are obliged to
present evidence for their assertions.
The people's court shall
investigate and collect evidence which litigants and their representatives
cannot collect because of objective reasons, or evidence which the
people's court deems necessary for the hearing.
The people's
court shall, in accordance with the legal procedure, examine and verify
the evidence fully and objectively.
Article 65.
The people's court has the right to acquire evidence from
the relevant units and individuals, and they shall not refuse it.
The people's court shall examine the documents provided as
evidence by relevant units and individuals, distinguish the true from the
false and determine validity.
Article 66.
The evidence shall be displayed and cross-examined by the
litigants at the court. Evidence involving state secrets, commercial
secrets and personal secrets shall be kept confidential. Where it is
necessary to display such evidence, it shall not be done in public
hearing.
Article 67.
The people's
court shall acknowledge the validity of legal acts, legal facts and
documents that have been notarized through legal procedure, except those
that can be overturned by counter-evidence.
Article
68.
Originals shall be presented as documentary
or material evidence. Where there is indeed difficulty in presenting the
originals, reproductions, photos, copies or abridged versions may be
presented.
Documentary evidence in foreign languages must be
accompanied by a Chinese translation.
Article 69.
The people's court shall distinguish the true from the
false video and audio material, and, in conjunction with other evidence,
determine whether they can serve as the basis for the establishment of
facts.
Article 70.
Whoever knows
something about the case in question has the obligation to testify at the
hearing. Leaders of the relevant units shall support the witnesses to
testify. Where the witness has difficulty in appearing at a hearing, he
may present written testimony upon the permission of the people's court.
Those who are unable to express themselves accurately are
unqualified to act as witnesses.
Article 71.
The people's court shall examine the statement of a litigant in
the light of the other evidence in the case and determine whether it can
serve as the basis of establishment of a fact.
Where a litigant
refuses to make a statement, it shall not affect the establishment of
facts in the case by the people's court on the basis of the evidence.
Article 72.
When the people's court
needs to corroborate special problems, it shall refer them to a legal
corroboratory department; where there is no legal corroboratory
department, the people's court shall designate a corroboratory department.
The corroboratory department and its designated expert witness
have the right to acquaint themselves with the files of the case requiring
corroboration, and question the litigants and witnesses when necessary.
The corroboratory department and the expert witness shall submit a
written conclusion of corroboration and sign or seal the corroboration
bill. Where it is corroborated by an expert witness, the bill shall be
sealed by the unit where he works to prove his identity.
Article 73.
In inspecting material
evidence or the scene, the inspector must produce the document of the
people's court and invite the local basic organization or the litigant's
unit to send people to take part. The litigant or an adult member of his
family shall be present on the scene; if he refuses to be present, it
shall not affect the inspection.
The relevant units and
individuals, in accordance with the notice of the people's court, have the
obligation to protect the scene and assist the inspection.
The
inspector shall prepare a written record of the inspection and its
results, which shall be signed or sealed by the inspector, the litigant
and the invited participants.
Article 74.
If the evidence should possibly be destroyed or lost, or if it
would be difficult to obtain afterwards, the litigant participant may
request the people's court for security of evidence; the people's court
may also take security measures on its own initiative.
Chapter VII. Period and Service
Section I: Period
Article 75.
The period includes the legal
period and the period designated by the people's court.
The period
is computed in hours, days, months and years. The hour and the day from
which the period begins are not included therein.
When the final
day of the period falls on a holiday, the first day after the holiday
shall be the date of the expiration of the period.
The period does
not include the time of travel. Litigant documents which have been
collected by the post office prior to the expiration of the period are not
deemed to be overdue.
Article 76.
Where the time limit has been exceeded owing to force majeure or
other legitimate grounds, the litigant may, within 10 days after the
obstacle is removed, request an extension of the time limit; the people's
court shall decide on granting such a request.
Section II: Service
Article 77.
The service of litigant
documents must be accompanied by a certificate of delivery upon which the
addressee shall mark the date of delivery and sign or seal.
The
delivery date marked by the addressee on the certificate of delivery is
the date of service.
Article 78.
Litigant documents shall be delivered directly to the addressee in
person. When the addressee is a citizen and is absent, the documents may
be delivered to an adult member of his family who lives with him, and he
shall sign upon delivery; when the addressee is a legal person or other
organizations, the legal representative of the legal person, the principal
persons in charge of the organizations or persons delegated by them shall
accept the delivery and sign on their behalf; when the addressee delegates
a litigant representative, the documents shall be served upon this
representative who shall sign upon delivery; and when the addressee
already delegates a person on his behalf, the documents shall be served
upon this person who shall sign upon delivery.
The date marked on
the certificate of delivery by the adult member of the addressee's family
who lives with him, by persons delegated by the legal person or other
organizations, by the litigant representative or by other persons
delegated to accept delivery is the date of delivery.
Article
79.
When the addressee or the adult member of his
family who lives with him rejects the service, the deliverer shall invite
the representative of the relevant basic organization or others to the
spot, give
an account of the matter, mark the particulars and the
date of the refusal and sign or seal the certificate of delivery together
with the witnesses, and leave the documents behind at the addressee's
residence. This service is thus deemed to be effected.
Article
80.
When it is difficult to effect a personal
service, the litigant documents may be entrusted to another people's court
for delivery or be delivered by mail. For a service by mail, the date of
acceptance marked on the receipt of the mail is the date of service.
Article 81.
When the addressee is a
serviceman, the service shall be effected via the political organ of the
unit at the regimental rank or above where he works.
Article
82.
Where the addressee is in prison, the service
shall be effected via the prison or reform-through-labor unit where he
stays.
Where the addressee is placed under re-education through
labor, the service shall be effected via the reformatory.
Article 83.
The aforementioned organ
or unit, upon receiving the litigant documents, must promptly forward them
to the addressee, who shall sign on receipt. The date marked on the
receipt is the date of delivery.
Article 84.
Where the whereabouts of the addressee is unknown, or the service
cannot be effected in the other ways provided for in this chapter, the
service may be made by way of announcement. Sixty days after the date the
announcement is made, the service is deemed to be effected.
The
cause and details of the service by way of announcement shall be recorded
in the files of the case.
Article 85.
Where a civil case it has
accepted can be mediated, the people's court shall resolve it through
mediation on the basis of litigants' voluntary participation and by
ascertaining the facts and distinguishing right from wrong.
Article 86.
Mediation by the people's
court may be presided over by a judge or a collegiate bench, and it shall
be conducted on the spot as far as possible.
For the sake of
mediation, the people's court may use simple ways to summon the litigants
and witnesses to the court.
Article 87.
The people's court may, according to the requirements of the case,
invite the relevant units and people to assist in the mediation. The
invited units and individuals shall assist the people's court in the
mediation.
Article 88.
Agreement in
mediation must be reached between the two parties of their own accord and
no coercion is allowed. Contents of the agreement shall not go against the
law.
Article 89.
The people's court
shall prepare a bill of mediation for an agreement reached through
mediation. The bill of mediation shall include the request of litigation,
facts of the case and the results of the mediation.
The bill of
mediation shall be signed by the judge and the recording clerk, sealed by
the people's court and delivered to the litigants.
The bill of
mediation becomes legally effective after it has been delivered to the
litigants and signed by them.
Article 90.
A bill of mediation prepared by the people's court may not be
necessary when agreement of mediation is reached for the following cases
(1) Divorce cases in which the parties are reconciled through
mediation;
(2) Adoption cases settled through mediation;
(3) Cases that become effective immediately; and
(4)
Other cases for which bills of mediation are not necessary.
Where a bill of mediation is not necessary, the agreement shall be
recorded and become legally effective after being signed or sealed by the
litigants of the two parties, the judge and the recording clerk.
Article 91.
Where mediation has failed
to reach agreement or one party goes back on his word before the delivery
of the bill of mediation, the people's court shall make an adjudication
promptly.
Chapter IX. Custody of Property and Prior Execution
Article 92.
For cases in which the act of
the litigant of one party or the other makes it impossible or hard to
execute the judgment, the people's court may rule for custody of property
upon the application of the adverse litigant; where the litigant does not
make such an application, the people's court may rule for custody of
property when necessary.
In deciding to take measures for custody
of property, the people's court may order the applicant to provide a
guarantee; where he refuses to do so, his application shall be rejected.
Upon accepting the litigant's request for custody of property, the
people's court must, in urgent cases, make a ruling within 48 hours. A
ruling on the custody of property shall be executed immediately.
Article 93.
In urgent cases, the party
concerned whose interests are at stake, and whose legitimate rights and
interests may be damaged beyond remedy
if no application for
custody of property is filed immediately, may apply for custody of
property with the people's court before filing an action. The applicant
shall provide a guarantee; where he refuses to do so, his application
shall be rejected.
Upon accepting a request, the people's court
shall make a ruling on measures for custody of property within 48 hours
and start execution immediately.
If the applicant fails to file an
action within 15 days after the people's court takes measures for custody
of property, the people's court shall lift the custody.
Article
94.
Custody of property is confined to the scope
of litigant request or to the property or articles related to the case in
question.
Custody of property shall include seal-up, distrain,
freezing and other measures provided by law.
After freezing the
property, the people's court shall immediately notify the person whose
property is subject to the action.
Property that has already been
frozen shall not be distrained or frozen for a second time.
Article 95.
Where the applying party
provides guarantee, the people's court shall immediately lift the custody
of property.
Article 96.
If there is a
mistake in the application, the applicant shall compensate the applying
party for the loss in property incurred from the custody.
Article 97.
In the following cases,
the people's court may make a ruling for prior execution in accordance
with the litigant's request
(1) Claiming alimony, costs of support or upbringing, pensions for
the disabled and medical expenses;
(2) Claiming labour
remuneration;
(3) Other urgent circumstances that require prior
execution.
Article 98.
The people's court's ruling for
prior execution shall meet the following conditions
(1) The rights and obligations between the litigants are clear and
the applicant's livelihood or business operation would be seriously
affected if no prior execution is enforced;
(2) The applying
party is capable of fulfilling the ruling.
The people's court may order the applicant to provide a guarantee;
where he refuses to do so, his application shall be rejected. The
applicant who loses in the suit shall compensate the other for the loss in
property incurred from the custody of property.
Article
99.
Where the litigant protests against the
ruling for custody of property or prior execution, he may apply for
reconsideration; during the reconsideration, the execution of the ruling
shall not stop.
Chapter X. Coercive Measures against Hindrance to Civil Actions
Article 100.
The people's court may summon
coercively a defendant who must appear at the hearing, but has refused to
do so without proper reason after two summons.
Article
101.
The litigant participant and others shall
abide by the rules of the court.
In dealing with the people who
violate the rules of the court, the people's court may admonish them to
leave the court, fine or detain them.
In dealing with the people
who stir up a noisy uproar in court, assault the court, insult, slander,
threaten and beat the judges, thus seriously disrupting the order of the
court, the people's court shall subject them to criminal liability
according to law; if the offence committed is not a serious one, the
persons involved shall be fined or detained.
Article
102.
If the litigant participant or others commit
any of the following acts, the people's court may, according to the
gravity of the case, fine or detain them; where the act constitutes an
offence, they shall be subjected to criminal liability according to law
(1) Perjury and destruction of important evidence in order to hinder
the people's court from trying a case;
(2) Obstructing witnesses
to testify by resorting to the methods of violence, threat and bribery,
or instructing, bribing and coercing others to falsify evidence;
(3) Concealment, transfer, sale or destruction of the property
that has been sealed up or distrained, or property that has been checked
and sorted out and has been ordered for safekeeping; and transfer of
property that has been frozen;
(4) Insulting, slandering,
framing, beating or retaliating in revenge against a judicial officer,
litigant participant, witness, translator, expert witness, inspector or
assistant in execution;
(5) Obstructing judicial officers in
exercising their functions with violence, threats or by other means;
(6) Refusal to carry out the people's court's decisions and
rulings that have already become legally effective.
In dealing with a unit that has committed one of the acts prescribed in
the previous sections, the people's court may fine or detain its principal
responsible person or the person directly responsible for the act; where
the act constitutes an offence, he shall be subjected to criminal
liability according to law.
Article 103.
If a unit which is obliged to assist in investigation and
execution commits one of the following acts, the people's court shall
order it to carry out its assistance obligations and, in addition, may
fine it
(1) Refusal or attempt by the relevant unit to hinder the people's
court from carrying out investigations to
collect evidence;
(2) After receiving a notice from the people's court requesting
assistance in execution, banks, credit cooperatives and other
deposit-taking establishments refuse to assist in investigation, to
freeze or to transfer deposits;
(3) After receiving a notice
from the people's court requesting assistance in execution, a relevant
unit refuses to assist in detaining the income of the person concerned
and in handling the transfer of relevant property rights, relevant
negotiable instrument or other certificates;
(4) Other acts of
refusing to assist in execution.
In dealing with a unit that commits one of the acts prescribed in the
previous sections, the people's court may fine its principal responsible
person or the person directly responsible for the act; it may also put
forward judicial proposals to supervisory organs or other relevant organs
to take disciplinary action against such a unit.
Article
104.
The fine is 1,000 yuan Renminbi at most for
individuals and 1,000 yuan Renminbi at least, and 30,000 yuan at most for
units.
The time limit of detention is 15 days at most.
The
people's court shall commit the detainee to the public security organ for
supervision. During the detention, if the detainee admits his error and
repents, the people's court may decide to lift the detention ahead of
time.
Article 105.
Coercive summons,
fines or detention must be approved by the president of the people's
court.
Subpoena shall be issued for coercive summons.
Fines and detention shall be accompanied by a written decision.
The party may contest the decision and request a superior people's court
to reconsider it. During the period of reconsideration, the execution of
the decision shall not stop.
Article 106.
Decision on the adoption of compulsory measures against
obstruction of proceedings shall be made only by the people's court. Any
unit or individual that extorts repayment of a debt by illegal detention
of a person or illegal distrainment of property shall be investigated for
criminal responsibility according to the law, or shall be punished with
detention or a fine.
Chapter XI.
Litigation Fees
Article 107.
In civil proceedings, the
litigant shall pay a fee for acceptance of the case in accordance with
regulations. In cases involving property, other litigation fees shall be
paid according to regulations, in addition to the fee for acceptance of
the case.
Where there is difficulty in paying the litigation fees,
the litigants may, in accordance with the regulations, apply to the
people's court for postponement, reduction or exemption of the fine.
Methods of collecting the litigation fees shall be worked out
separately.
Part One General Principles
Part Two Trial Procedure
Part Three Procedure of Execution
Part Four Special Provisions for Procedure of Civil Actions Involving Foreigners
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