Civil Procedure Law
 
Promulgating Institution: Standing Committee of the National People's Congress

Document Number: Order No. 59 of the President of the People's Republic of China
Promulgating Date: 08/31/2012
Effective Date: 01/01/2013 
 

Contents
Part 1 General Provisions
Chapter 1 Aim, Scope of Application and Basic Principles
Chapter 2 Jurisdiction
Section 1 Hierarchical Jurisdiction
Section 2 Territorial Jurisdiction
Section 3 Transfer and Designation of Jurisdiction
Chapter 3 Trial Organization
Chapter 4 Withdrawal
Chapter 5 Participants in Proceedings
Section 1 Parties
Section 2 Agents Ad Litem
Chapter 6 Evidence
Chapter 7 Time Periods and Service
Section 1 Time Periods
Section 2 Service
Chapter 8 Conciliation
Chapter 9 Preservation and Advance Execution
Chapter 10 Compulsory Measures Against Obstruction of Civil Proceedings
Chapter 11 Litigation Costs
Part 2 Trial Procedure
Chapter 12 Ordinary Procedure of First Instance
Section 1 Bringing a Lawsuit and Accepting a Case
Section 2 Preparations for Trial
Section 3 Trial in Court
Section 4 Suspension and Termination of Litigation
Section 5 Judgment and Order
Chapter 13 Summary Procedure
Chapter 14 Procedure of Second Instance
Chapter 15 Special Procedure
Section 1 General Provisions
Section 2 Cases Concerning the Qualification of Voters
Section 3 Cases Concerning the Proclamation of a Person as Missing or Dead
Section 4 Cases Concerning the Determination of Legal Incapacity or Restricted Legal Capacity of Citizens
Section 5 Cases Concerning the Determination of a Property as Ownerless
Section 6 Cases of confirming mediation agreement
Section 7 Cases of realizing real rights for security
Chapter 16 Procedure for Trial Supervision
Chapter 17 Urge and Supervision Procedure
Chapter 18 Procedure for Publicizing Public Notice for Assertion of Claims
Part 3 Procedure of Execution
Chapter 19 General Provisions
Chapter 20 Application for Execution and Referral
Chapter 21 Execution Measures
Chapter 22 Suspension and Termination of Execution
Part 4 Special Provisions for Civil Proceedings of Cases Involving Foreign Element
Chapter 23 General Principles
Chapter 24 Jurisdiction
Chapter 25 Service and Time Periods
Chapter 26 Arbitration
Chapter 27 Judicial Assistance
Part 1: General Provisions
Chapter 1: Aim, Scope of Application and Basic Principles
  Article 1     The Civil Procedure Law of the People's Republic of China is formulated on the basis of the Constitution and in the light of the experience and actual conditions of our country in the trial of civil cases.
  Article 2     The Civil Procedure Law of the People's Republic of China aims to protect the exercise of the litigation rights of the parties and ensure the ascertaining of facts by the people's courts, distinguish right from wrong, apply the law correctly, try civil cases promptly, affirm civil rights and obligations, impose sanctions for civil wrongs, protect the lawful rights and interests of the parties, educate citizens to voluntarily abide by the law, maintain the social and economic order, and guarantee the smooth progress of the socialist construction.
  Article 3     In dealing with civil litigation arising from disputes on property and personal relations between citizens, legal persons or other organizations and between the three of them, the peoples' courts shall apply the provisions of this Law.
  Article 4     Whoever engages in civil litigation 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 bring suits or enter appearance 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.
If 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 judicial powers with respect to civil cases.
The people's courts shall try civil cases independently in accordance with the law, and shall be subject to no interference by any administrative organ, public organization 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 in civil litigation shall have equal litigation rights. The people's courts shall, in conducting the trials, safeguard their rights, facilitate their exercising the rights, and apply the law equally to them.
  Article 9     In trying civil cases, the people's courts shall conduct conciliation for the parties on a voluntary and lawful basis; if conciliation fails, judgments shall be rendered without delay.
  Article 10     In trying civil cases, the people's courts shall, according to the provisions of the law, follow the systems of panel hearing, withdrawal, public trial and the court of second instance being that of last instance.
  Article 11     Citizens of all nationalities shall have the right to use their native spoken and written languages in civil proceedings.
Where minority nationalities live in aggregation in a community or where several 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 translations for any participant in the proceedings who is not familiar with the spoken or written languages commonly used by the local nationalities.
  Article 12     Parties to civil actions are entitled in the trials by the people's courts to argue for themselves.
  Article 13     Civil litigation shall observe the principle of honesty and good faith.
The parties are free to deal with their own civil rights and litigation rights the way they prefer within the scope provided by the law.
  Article 14     The people’s procuratorate shall have the right to conduct legal supervision over civil litigation.
  Article 15     Where an act has infringed upon the civil rights and interests of the State, a collective organization or an individual, any State organ, public organization, enterprise or institution may support the injured unit or individual to bring an action in a people's court.
  Article 16     The people's congresses of the national autonomous regions may formulate, in accordance with the Constitution and the principles of this Law, and in conjunction with the specific circumstances of the local nationalities, adaptive and supplementary provisions. Such provisions made by an autonomous region shall be submitted to the Standing Committee of the National People's Congress for approval; those made by an autonomous prefecture or autonomous county shall be submitted to the standing committee of the people's congress of the relevant province or autonomous region for approval and to the Standing Committee of the National People's Congress for the record.
Chapter 2: Jurisdiction
Section 1: Hierarchical Jurisdiction
  Article 17     The primary people's courts shall have jurisdiction as courts of first instance over civil cases, unless otherwise provided in this Law.
  Article 18     The intermediate people's courts shall have jurisdiction as courts of first instance over the following civil cases:
(1) major cases involving foreign element;
(2) cases that have major impact on the area under their jurisdiction; and
(3) cases as determined by the Supreme People's Court to be under the jurisdiction of the intermediate people's courts.
  Article 19     The high 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 20     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 21     A civil lawsuit brought against a citizen shall be under the jurisdiction of the people's court of the place where the defendant has his domicile; if the place of the defendant's domicile is different from that of his habitual residence, the lawsuit shall be under the jurisdiction of the people's court of the place of his habitual residence.
A civil lawsuit brought against a legal person or any other organization shall be under the jurisdiction of the people's court of the place where the defendant has his 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 22     The civil lawsuits described below shall be under the jurisdiction of the people's court of the place where the plaintiff has his domicile; if the place of the plaintiff's domicile is different from that of his habitual residence, the lawsuit shall be under the jurisdiction of the people's court of the place of the plaintiff's habitual residence:
(1) those concerning personal status brought against persons not residing within the territory of the People's Republic of China;
(2) those concerning the personal status of persons whose whereabouts are unknown or who have been declared as missing.
(3) those brought against persons who are undergoing mandatory education measures; and
(4) those brought against persons who are in imprisonment.
  Article 23     A lawsuit brought on a contract dispute shall be under the jurisdiction of the people's court of the place where the defendant has his domicile or where the contract is performed.
  Article 24     A lawsuit brought on an insurance contract dispute shall be under the jurisdiction of the people's court of the place where the defendant has his domicile or where the insured object is located.
  Article 25     A lawsuit brought on a bill dispute shall be under the jurisdiction of the people's court of the place where the bill is to be paid or where the defendant has his domicile.
  Article 26     A lawsuit arising out of disputes caused by the establishment, confirmation of shareholders’ qualification, profit distribution or dissolution of a company shall be under the jurisdiction of the people’s court in the place where the company is located.
  Article 27     A lawsuit arising from a dispute over a railway, road, water, or air transport contract or over a combined transport contract shall be under the jurisdiction of the people's court of the place of dispatch or the place of destination or where the defendant has his domicile.
  Article 28     A lawsuit brought on a tort action shall be under the jurisdiction of the people's court of the place where the tort is committed or where the defendant has his domicile.
  Article 29     A lawsuit brought on claims for damages caused by a railway, road, water transport or air accident shall be under the jurisdiction of the people's court of 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 domicile.
  Article 30     A lawsuit brought on claims for damages caused by a collision at sea or by any other maritime accident shall be under the jurisdiction of the people's court of the place where the collision occurs or where the ship in collision first docks after the accident or where the ship having inflicted the injury is detained, or where the defendant has his domicile.
  Article 31     A lawsuit instituted for expenses of maritime salvage shall be under the jurisdiction of the people's court of the place where the salvage took place or where the salvaged ship first docked after the disaster.
  Article 32     A lawsuit brought for general average shall be under the jurisdiction of the people's court of the place where the ship first docked or where the adjustment of general average is conducted or where the voyage ends.
  Article 33     The following cases shall be under the exclusive jurisdiction of the people's courts herein specified:
(1) a lawsuit brought on a dispute over real estate shall be under the jurisdiction of the people's court of the place where the estate is located;
(2) a lawsuit brought on a dispute over harbour operations shall be under the jurisdiction of the people's court of the place where the harbour is located; and
(3) a lawsuit brought on a dispute over succession shall be under the jurisdiction of the people's court of the place where the decedent had his domicile upon his death, or where the principal part of his estate is located.
  Article 34     A party to the contract or other property dispute may choose by written agreement to be under the jurisdiction of the people’s court in the location of the defendant’s domicile, where the contract is performed or signed, in the location of the plaintiff’s domicile, in the location of the subject matter or in other locations which have actual connections with the dispute, provided that the provisions on hierarchical jurisdiction and exclusive jurisdiction are not violated.
  Article 35     When two or more people's courts have jurisdiction over a lawsuit, the plaintiff may bring his lawsuit with 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, the people's court that places the case on docket first shall have jurisdiction.
Section 3: Transfer and Designation of Jurisdiction
  Article 36     If a people's court finds 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 the relevant regulations, the case referred to it is not under its jurisdiction, it shall report to a superior people's court for the designation of jurisdiction and shall not independently refer the case again to another people's court.
  Article 37     If a people's court which has jurisdiction over a case is unable to exercise the jurisdiction for special reasons, a superior people's court shall designate another court to exercise jurisdiction.
In the event of a jurisdictional dispute between two or more people's courts, it shall be resolved by the disputing parties through consultation; if the dispute cannot be so resolved, it shall be reported to their common superior people's court for the designation of jurisdiction.
  Article 38     A people's court of the higher level has the right to hear civil cases of first instance which fall under the jurisdiction of people's courts of lower levels. Where a court finds it necessary to transfer the civil case of first instance under its jurisdiction to the court of lower levels for trial, it shall submit the same to the court of higher level for approval.
If a people's court at a lower level that has jurisdiction over a civil case as court of first instance deems it necessary to have the case to be tried by a people's court at a higher level, it may submit it to and request the people's court at a higher level to try the case.
Chapter 3: Trial Organization
  Article 39     The people's court of first instance shall try civil cases by a collegial panel composed of both judges and judicial assessors or of judges alone. The collegial panel must have an odd number of members.
Civil cases in which summary procedure is followed shall be tried by a single judge alone.
When performing their duties, the judicial assessors shall have equal rights and obligations as the judges.
  Article 40     The people's court of second instance shall try civil cases by a collegial panel of judges. The collegial panel must have an odd number of members.
For the retrial of a remanded case, the people's court of first instance shall form a new collegial panel in accordance with the procedure of first instance.
If a case for retrial is originally tried at first instance, a new collegial panel shall be formed according to the procedure of first instance; if the case is originally tried at second instance or is brought by a people's court at a higher level to it for trial, a new collegial panel shall be formed according to the procedure of second instance.
  Article 41     The president of the court or the chief judge of a division of the court 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 shall serve as the presiding judge.
  Article 42     When deliberating a case, a collegial panel shall observe the rule of majority. The deliberations shall be recorded in writing, and the transcript shall be signed by the members of the collegial panel. Dissenting opinions in the deliberations must be truthfully entered in the transcript.
  Article 43     The judicial officers shall deal with all cases impartially and in accordance with the law.
The judicial officers shall not accept any treat or gift from the parties or their agents ad litem.
Any judicial officer who commits embezzlement, accepts bribes, engages in malpractice for personal benefits or who perverts the law in passing judgment shall be investigated for legal responsibility; if the act constitutes a crime, the offender shall be investigated for criminal responsibility according to the law.
Chapter 4: Withdrawal
  Article 44     A judicial officer falling under one of the following circumstances shall withdraw from the case, or the party may apply for his withdrawal by oral or written form:
(1) where the judicial officer is a party to the case or close relative to a party or agent ad litem;
(2) where the judicial officer is an interested party in the case;
(3) where judicial officer has other relationship with a party or agent ad litem, and such relationship may affect the impartial trial of the case.
Where the judicial officer accepts gifts or entertainment of the party or agent ad litem or meets with a party or agent ad litem in violation of relevant provisions, the party concerned shall have the right to file a request for his withdrawal.
Where a judicial officer falls under the circumstance stipulated in the preceding paragraph, such judicial officer shall be subject to legal liability according to the law.
The provisions in Paragraphs 1 to 3 herein shall apply to clerks, interpreters, expert witnesses and inspection personnel.
  Article 45     In applying for the withdrawal, the party shall state the reason and submit the application at the beginning of the proceedings; the application may also be submitted before the closing of arguments in court if the reason for the withdrawal is known to him only after the proceedings begin.
Pending a decision by the people's court regarding the withdrawal applied for, the judicial officer concerned shall temporarily suspend his participation in the proceedings, with the exception, however, of cases that require the taking of emergency measures.
  Article 46     The withdrawal of the presiding judge who is president of the court shall be decided by the judicial committee; the withdrawal of judicial officers shall be decided by the court president; and the withdrawal of other personnel by the presiding judge.
  Article 47     When a party concerned applies for the withdrawal of any judicial officer from a case, the people's court shall make a decision orally or in writing within three days after the application is made. The applicant, if dissatisfied with the decision, may make a request for review once. During the period of review, the person required to withdraw from the case under the application shall not cease his or her participation in the case. The people's court shall, within three days, make a decision of review and notify the review applicant.
Chapter 5: Participants in Proceedings
Section 1: Parties
  Article 48     Citizens, legal persons and other organizations may be parties concerned in civil litigation.
Legal persons shall be represented by their legal representatives in the litigation. Other organizations shall be represented by their principal heads in the proceedings.
  Article 49     Parties to an action shall have the right to appoint agents, apply for withdrawals, collect and provide evidence, proffer arguments, request conciliation, file an appeal and apply for execution.
Parties to an action may have access to materials pertaining to the case and make copies thereof and other legal documents pertaining to the case. The scope of and rules for consulting and making copies of them shall be specified by the Supreme People's Court.
Parties to an action must exercise their litigation rights in accordance with the law, observe the procedures and carry out legally effective written judgments or orders and conciliation statements.
  Article 50     The two parties may reach a compromise of their own accord.
  Article 51     The plaintiff may relinquish or modify his claims. The defendant may admit or rebut the claims and shall have the right to file counterclaims.
  Article 52     When one party or both parties consist of two or more than two persons, their subject matter of action being the same or of the same category and the people's court considers that, with the consent of the parties, the action can be tried combined, it is a joint action.
If a party of two or more persons to a joint action have common rights and obligations with respect to the subject matter of action and the act of any one of them is recognized by the others of the party, such an act shall be valid for all the rest of the party; if a party of two or more persons have no common rights and obligations with respect to the subject matter of action, the act of any one of them shall not be valid for the rest.
  Article 53     If the persons comprising a party to a joint action is large in number, the party may elect representatives from among themselves to act for them in the litigation. The acts of such representatives in the litigation shall be valid for the party they represent. However, modification or waiver of claims or admission of the claims of the other party or pursuing a compromise with the other party by the representatives shall be subject to the consent of the party they represent.
  Article 54     Where the subject matter of action is of the same category and the persons comprising one of the parties is large but uncertain in number at the commencement of the action, the people's court may issue a public notice, stating the particulars and claims of the case and informing those entitled to participate in the action to register their rights with the people's court within a fixed period of time.
Those who have registered their rights with the people's court may elect representatives from among themselves to proceed with the litigation; if the election fails its purpose, such representatives may be determined by the people's court through consultation with those who have registered their rights with the court.
The acts of such representatives in the litigation shall be valid for the party they represent; however, modification or waiver of claims or admission of the claims of the other party or pursuing a compromise with the other party by the representatives shall be subject to the consent of the party they represent.
The judgments or written orders rendered by the people's court shall be valid for all those who have registered their rights with the court. Such judgments or written orders shall apply to those who have not registered their rights but have instituted legal proceedings during period of limitation of the action.
  Article 55     Relevant bodies and organizations prescribed by the law may bring a suit to the people's court against such acts as environmental pollution, harm of the consumer’s legitimate interests and rights and other acts that undermine the social and public interest.
  Article 56     If a third party considers that he has an independent claim to the subject matter of action of both parties, he shall have the right to bring an action.
Where the outcome of the case will affect a third party's legal interest, such party, though having no independent claim to the subject matter of action of both parties, may file a request to participate in the proceedings or the people's court shall notify the third party to participate. A third party that is to bear civil liability in accordance with the judgment of the people's court shall be entitled to the rights and obligations of a party in litigation.
In case the third party as stipulated in the preceding two paragraphs fails to participate in the proceedings for reasons not attributable to itself but has evidence to prove part or the entirety of the judgment, ruling, or mediation agreement with legal effectiveness has errors in content and prejudices its civil rights and interests, it shall, within six months after the date on which it knows or should know its rights and interests are prejudiced, file litigation with the people's court rendering such judgment, ruling or mediation agreement. Where the people's court finds the claims established upon trial, it shall change or cancel the original judgment, ruling or mediation agreement; where the people's court finds the claims not established upon trial, the claims shall be rejected.
Section 2: Agents Ad Litem
  Article 57     Any person with no legal capacity to engage in litigation shall have his guardian or guardians as statutory agents to act for him in a lawsuit. If the statutory agents try to shift responsibility as agents ad litem upon one another, the people's court shall appoint one of them to represent the person in litigation.
  Article 58     A party to an action, or statutory agent may appoint one or two persons to act as his agents ad litem.
The following persons may be appointed as agent ad litem to a case:
(1) Lawyer, or primary-level legal service provider;
(2) Near relative or working staff of the party; or
(3) Citizen recommended by the community, unit or relevant social organization to which the party belongs.
  Article 59     When a person appoints another to act on his behalf in litigation, he must submit to the people's court a power of attorney bearing his signature or seal.
The power of attorney must specify the matters entrusted and the powers conferred. An agent ad litem must obtain special powers from his principal to admit, waive or modify claims, or to compromise or to file a counterclaim or an appeal.
A power of attorney mailed or delivered through others by a citizen of the People's Republic of China residing abroad must be certified by the Chinese embassy or consulate accredited to 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 accredited to that country that has diplomatic relations with the People's Republic of China, and then transmitted for authentication to the embassy or consulate of the People's Republic of China accredited to that third country, or it must be certified by a local patriotic overseas Chinese organization.
  Article 60     A party to an action shall inform the people's court in writing if he changes or revokes the powers of an agent ad litem, 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 have access to materials pertaining to the case. The scope of and rules for consulting materials pertaining to the case shall be specified by the Supreme People's Court.
  Article 62     In a divorce case in which the parties to the action have been represented by their agents ad litem, the parties themselves shall still appear in court in person, unless they are incapable of expressing their own meaning. A party who is truly unable to appear in court due to a special reason shall submit his views in writing to the people's court.
 
Chapter 6: Evidence
  Article 63     Evidence shall include: “
(1) statements of the parties;
(2) documentary evidence;
(3) material evidence;
(4) audio-visual materials;
(5) electronic data;
(6) witness’ testimony;
(7) expert opinions; and
(8) written records for inspection.
Evidence may be deemed as the grounds for conviction of facts only after authentication.
  Article 64     It is the duty of a party to an action to provide evidence in support of his allegations.
If, for objective reasons, a party and his agent ad litem are unable to collect the evidence by themselves or if the people's court considers the evidence 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 the law, examine and verify evidence comprehensively and objectively.
  Article 65     The parties shall provide evidence in a timely manner to support their claims.
The people’s court shall determine the evidences which shall be provided by the parties and the time limit thereof according to the claims of the parties and the progress of the proceedings. Where a party has difficulty in providing the evidences within such time limit, it may apply to the people’s court for extending the time limit and the people’s court may extend the time limit to an appropriate extent according to the application of the party. Where a party fails to provide evidence in due time, the people's court shall order the party to explain the reason. Where the party refuses to explain the reason or the reason is not established, the people's court may, as the case may be, reject such evidence, or admit such evidence but give a warning or impose a fine.
  Article 66     After receiving the evidentiary materials presented by the party concerned, the people's court shall issue receipt stating the name, number of pages, copies, original or photocopy, and receiving time of the evidence, which shall also bear the signature or seal of the handlers.
  Article 67     The people's court shall have the right to make investigation and collect evidence from the relevant units or individuals; such units or individuals may not refuse to provide information and evidence.
The people's court shall verify the authenticity, examine and determine the validity of the certifying documents provided by the relevant units or individuals.
  Article 68     Evidence shall be presented in court and cross-examined by the parties concerned. Evidence that involves State secrets, trade secrets and personal privacy shall be kept confidential. If it needs to be presented in court, such evidence shall not be presented in an open court session.
  Article 69     Facts and documents legalized by notarization according to legal procedures shall be taken as the basis for ascertaining facts by the people's court, unless there is evidence to the contrary sufficient to invalidate the notarization.
  Article 70     Any document submitted as evidence must be the original. Material evidence must also be original. If it is truly difficult to present the original document or object, 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 71     The people's court shall verify audio-visual material and, after their examination in the light of other evidence in the case, determine whether they can be taken as a basis for ascertaining the facts.
  Article 72     Any unit or individual that knows something of a case has the obligation to testify at court. The responsible person of the relevant unit shall encourage the witness to testify.
The person who is unable to correctly express his meaning shall not testify.
  Article 73     Upon the notification of the people’s court, a witness shall appear in court for testimony. A witness may testify in the ways such as written testimony, audio-visual transmission technology or audio-visual materials upon the permission of the people’s court if the witness has any of the following situations:
(1) he/she cannot appear in court for health reason;
(2) he/she cannot appear in court for the reason of long distance and inconvenient traffic;
(3) he/she cannot appear in court due to natural disaster or other force majeure; or
(4) he/she cannot appear in court for other justified reasons.
  Article 74     The necessary expenses paid by a witness for performance of the obligation of testimony before the court, such as traffic expense, accommodation and meals, and the losses of working time shall be borne by the losing party. Where a party concerned applies for the testimony by the witness, the expenses shall be advanced by the party. Where the party has not applied for the testimony by the witness, instead, the people’s court notifies the witness under the law to testify, the expenses may be advanced by the people’s court first.
  Article 75     The people's court shall examine the statements of the parties concerned in the light of other evidence in the case to determine whether the statements can be taken as a basis for ascertaining the facts.
The refusal of a party to make statements shall not prevent the people's court from ascertaining the facts of a case on the basis of other evidence.
  Article 76     A party may apply with the people’s court for expert evaluation on specific issues concerning the facts. In such case, the qualified expert witness may be determined by the two parties through negotiations. If negotiations fail, the expert witness shall be appointed by the people’s court.
Where the party has not applied for expert evaluation but the people’s court deems it necessary for certain specific issues, the court shall appoint a qualified expert witness to conduct expert evaluation.
  Article 77     An expert witness has the right to get access to the case documents required for the expert evaluation, and may inquiry the parties concerned and the witnesses when necessary.
The expert witness shall present the written evaluation opinions and sign or seal on the evaluation report.
  Article 78     Where the party objects to the evaluation opinions or the people’s court deems it necessary for the expert witness to testify at court, the expert witness shall appear in court for testimony. Where the expert witness refuses to testify at court even after the notification of the people’s court, the expert evaluation opinions shall not be taken as the basis for ascertaining the facts. The party paying the evaluation expenses may request for the refunding of the evaluation expenses.
  Article 79     The parties concerned may apply to the people’s court for notifying the person with professional knowledge to appear before court and issue opinions on the expert evaluation opinions issued by the expert witnesses or professional issues.”
  Article 80     When inspecting material evidence or a site, the inspector must produce his papers issued by a people's court. He shall request the local grass-roots organization or the unit to which the party to the action belongs to send persons to participate in the inspection. The party concerned or an adult member of his family shall be present; their refusal to appear on the scene, however, shall not hinder the inspection.
Upon notification by the people's court, the relevant units and individuals shall be under the obligation of preserving the site and assisting the inspection.
The inspector shall make a written record of the circumstances and results of the inspection, which shall be duly signed or sealed by the inspector, the party concerned and the participants requested to be present.
  Article 81     Under the circumstances in which evidence may be lost or it will be difficult to collect the evidence in future, the party concerned may apply with the people's court for preservation of such evidence in the proceedings, and the people's court may also take the initiative to take preservative measures.
Under the emergencies in which evidence may be lost or it will be difficult to collect the evidence in future, an interested party may, before the case or arbitration is filed, apply for preservation of such evidence with the people's court in the place where the evidence to be preserved is located or the place where the respondent is domiciled, or the people's court with jurisdiction over the case.
With regard to other procedures for the preservation of evidence, the relevant provisions of Chapter 9 entitled "Preservation" herein shall apply as a reference.
Chapter 7: Time Periods and Service
Section 1: Time Periods
  Article 82     Time periods shall include those prescribed by the law and those designated by a 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.
A time period shall not include traveling time. A litigation document that is mailed before the deadline shall not be regarded as overdue.
  Article 83     In case of failure on the part of a party to an action to meet a deadline due to force majeure or for other justified reasons, the party concerned may apply for an extension of the time limit within ten days after the obstacle is removed. The extension applied for shall be subject to approval by a people's court.
Section 2: Service
  Article 84     A receipt shall be required for every litigation document that is served and it shall bear the date of receipt noted by the signature or seal of the person on whom the document is served.
The date noted on the receipt by the person on whom the document is served shall be regarded as the date of service of the document.
  Article 85     Litigation documents shall be sent or delivered directly to the person on whom they are to be served. If that person is a citizen, the documents shall, in case of his absence, be signed for receipt by an adult member of his family living with him. If the person on whom they are to be served is a legal person or any other organization, the documents shall be signed for receipt by the legal representatives of the legal person or the principal heads of the other organization or anyone of the legal person or the other organization responsible for receiving such documents; if the person on whom they are to be served has an agent ad litem, the documents may be signed for receipt by the agent ad litem; if the person on whom they are to be served has designated a person to receive litigation documents on his behalf and has informed the people's court of it, the documents shall be signed by the person designated for receipt.
The date put down in the receipt and signed by the adult family member living with the person on whom the litigation documents are to be served, or by the person responsible for receiving documents of a legal person or any other organization, or by the agent ad litem , or the person designated to receive documents shall be deemed the date of service of the documents.
  Article 86     Where the person on whom the documents are served or his adult relatives who live with him refuse to accept the litigation documents, the documents shall be deemed to have been served if the person serving the documents invites the representative of the relevant primary-level organization or the employer of that person to explain the situations and clearly state the cause and date of refusal on the certificate of delivery, and then leaves the litigation documents at the domicile of that person, with the signatures or seals of the person serving the documents and the witness affixed, or if the person serving the documents leaves the litigation documents at the domicile of the person on whom the documents are served after recording the whole service process by photographing or video recording.
  Article 87     With the consent of the person on whom the documents are served, the people’s court may serve litigation documents in such manners that the receipt of the documents can be confirmed by the person on whom the documents are served, including facsimile and e-mail, except for the serving of judgment, ruling or mediation agreement.
Where the litigation documents are served in the manners as specified above, the date on which the facsimile or e-mail arrives at the specific system of the recipient shall be the date of service.
  Article 88     If direct service proves to be difficult, service of litigation documents may be entrusted to another people's court, or done by mail. If the documents are served by mail, the date of receiving such documents stated on the receipt for postal delivery shall be deemed the date of service of the documents.
  Article 89     If the person on whom the litigation documents are to be served is a serviceman, the documents shall be forwarded to him through the political organ of the unit at or above the regimental level in the force to which he belongs.
  Article 90     If the person on whom the litigation documents are to be served is in imprisonment, the documents shall be forwarded to him through the prison authorities where the person is serving his term.
If the person on whom the litigation documents are to be served is undergoing mandatory education measures, the documents shall be forwarded to him through the mandatory education organizations where such person is being educated
  Article 91     The organization or unit that receives the litigation documents to be forwarded must immediately deliver them to the person on whom they are to be served for receipt. The date stated on the receipt shall be deemed the date of service of the documents.
  Article 92     If the whereabouts of the person on whom the litigation documents are to be served is unknown, or if the documents cannot be served by the other methods specified in this Section, the documents shall be served by public announcement. 60 days after the date of making a public announcement, the documents shall be deemed to have been served.
The reasons for service by public announcement and the process gone through shall be recorded in the case files.
Chapter 8: Conciliation
  Article 93     In the trial of civil cases, the people's court shall distinguish between right and wrong on the basis of the facts being clear and conduct conciliation between the parties on a voluntary basis.
  Article 94     When a people's court conducts conciliation, a single judge or a collegial panel may preside over it. Conciliation shall be conducted on the spot as much as possible.
When a people's court conducts conciliation, it may employ simplified methods to notify the parties concerned and the witnesses to appear in court.
  Article 95     When a people's court conducts conciliation, it may invite the units or individuals concerned to come to its assistance. The units or individuals invited shall assist the people's court in conciliation.
  Article 96     A settlement agreement reached between the two parties through conciliation must be of their own free will and without compulsion. The content of the settlement agreement shall not contravene the law.
  Article 97     When a settlement agreement through conciliation is reached, the people's court shall draw up a conciliation statement. The conciliation statement shall clearly set forth the claims, the facts of the case, and the result of the conciliation.
The conciliation statement shall be signed by the judges and the court clerk, sealed by the people's court, and served on both parties.
Once it is signed for receipt by the two parties concerned, the conciliation statement shall become legally effective.
  Article 98     The people's court need not draw up a conciliation statement for the following cases when a settlement agreement is reached through conciliation:
(1) divorce cases 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 a conciliation statement.
Any settlement agreement that needs no conciliation statement shall be entered into the written record and shall become legally effective after being signed or sealed by both parties concerned, by the judge and by the court clerk.
  Article 99     If no agreement is reached through conciliation or if either party backs out of the settlement agreement before the conciliation statement is served, the people's court shall render a judgment without delay.
Chapter 9: Preservation and Advance Execution
  Article 100     In the cases where the execution of a judgment may become impossible or difficult or otherwise harmful to the parties concerned because of the acts of one party or for other reasons, the people's court may, at the application of the other party, make a ruling to preserve the assets of the other party or order the other party to perform certain acts or to prohibit the other party from committing certain acts; where no application is filed by either party, the people’s court may also rule to take preservation measures when it deems necessary.
In adopting property preservation measures, the people's court may order the applicant to provide security; if the applicant fails to provide security, his application shall be rejected.
In case of emergency, the people's court shall make a ruling within 48 hours after receiving the application. Where the people’s court rules to take preservative measures, the ruling shall be enforced immediately.
  Article 101     Any interested party whose legitimate rights and interests would, due to urgent circumstances, suffer irreparable damage without immediate application for property preservation, may, before filing a lawsuit, apply to the people's court in the place where the applicant is located or the people’s court which has jurisdiction over the case for the adoption of property preservation measures. The applicant shall provide security; if the applicant fails to do so, his application shall be rejected.
The people's court shall make a ruling within 48 hours after receiving the application. Where it rules to take preservative measures, the ruling shall be enforced immediately.
Where the applicant fails to institute legal proceedings or apply for arbitration within 30 days in accordance with the law after the people's court takes preservation measures, the people's court shall rescind the said measures.
  Article 102     Property preservation shall be limited to the scope of the claims or to the property relevant to the case.
  Article 103     Property preservation shall be effected by seal-up, seizure, freezing or other methods as prescribed by the law. After the people's court has preserved the property, it shall promptly notify the person whose property has been preserved.
The property that has already been sealed up or frozen shall not be sealed up or frozen for a second time.
  Article 104     In the cases involving property disputes, if the person against whom the application for property reservation is filed provides security, the people's court shall cancel the property reservation.
  Article 105     If an application for property preservation is wrongfully made, the applicant shall compensate the person against whom the application is made for any loss incurred from property preservation.
  Article 106     The people's court may, upon application of the party concerned, order advance execution in respect of 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 labour; and
(3) those involving urgent circumstances that require advance execution.
  Article 107     Cases in which advance execution is ordered by the people's court shall meet the following conditions:
(1) the relationship of rights and obligations between the parties concerned is clear and definite, and denial of advance execution would seriously affect the livelihood or production operations of the applicant; and
(2) the person against whom the application for advance execution is made is capable of fulfilling his obligations.
The people's court may enjoin the applicant to provide security; if the applicant fails to do so, his application shall be rejected. If the applicant loses the lawsuit, he shall compensate the person against whom the application is made for any loss of property incurred from the advance execution.
  Article 108     If the party concerned is dissatisfied with the order made on property preservation or execution, he may apply for reconsideration which could be granted only once. Execution of the order shall not be suspended during the time of reconsideration.
Chapter 10: Compulsory Measures Against Obstruction of Civil Proceedings
  Article 109     If a defendant is required to appear in court, but, having been served twice with summons, still refuses to do so without justified reason, the people's court may constrain him to appear in court by a peremptory writ.
  Article 110     Participants and other persons in the court proceedings shall abide by the court rules.
If a person violates the court rules, the people's court may reprimand him, or order him to leave the courtroom, or impose a fine on or detain him.
A person who seriously disrupts court order by making an uproar in the court or rushing at it, or insulting, slandering, threatening, or assaulting the judicial officers, shall be investigated for criminal responsibility by the people's court according to the law; if the offence is a minor one, the offender shall be detained or a fine shall be imposed on him.
  Article 111     If a participant or any other person in the proceedings commits any one of the following acts, the people's court shall, according to the seriousness of the act, impose a fine on him or detain him; if the act constitutes a crime, the offender shall be investigated for criminal responsibility according to the law.
(1) forging or destroying important evidence, which would obstruct the trial of a case by the people's court;
(2) using violence, threats or subornation to prevent a witness from giving testimony, or instigating, suborning, or coercing others to commit perjury;
(3) concealing, transferring, selling or destroying property that has been sealed up or seized, or property of which an inventory has been made and which has been put under his care according to court instruction, or transferring the property that has been frozen;
(4) insulting, slandering, incriminating with false charges, assaulting or maliciously retaliating against judicial officers or personnel, participants in the proceedings, witnesses, interpreters, expert witnesses, inspectors, or personnel assisting in execution;
(5) using violence, threats or other means to hinder judicial officers or personnel from performing their duties; or
(6) refusing to carry out legally effective judgments or orders of the people's court.
With respect to a unit that commits any one of the acts specified above, the people's court may impose a fine on or detain its principal heads or the person who are held actually responsible for the act; if the act constitutes a crime, investigations for criminal responsibility shall be made according to the law.
  Article 112     Where the parties concerned collude with each other in bad faith attempting to encroach on the others’ rights and interests through litigation or conciliation, the people’s court shall reject his application, and impose a fine on him or detain him according to the seriousness of the circumstances; if a crime is constituted, his criminal responsibility shall be investigated according to the law.
  Article 113    Where the person subjected to execution colludes with other people in bad faith attempting to evade obligations specified in the legal documents through litigation, arbitration or conciliation, the people’s court shall, according to the seriousness of the circumstances, impose a fine on him or detain him; if a crime is constituted, his criminal responsibility shall be investigated according to the law.
  Article 114     Where a unit which is under an obligation to assist in investigation and execution commits any one of the following acts, the people's court may, apart from enjoining it to perform its obligation, also impose a fine:
(1) refusing or obstructing the investigation and collection of evidence by the people's court;
(2) refusing to assist in inquiring into, seizing, freezing, transferring or appraising the said property by the unit concerned after receiving a notice for assistance in execution from the people's court
(3) refusing by the unit concerned, after receiving a notice for assistance in execution from the people's court, to assist in withholding the income of the party subjected to execution, in going through the formalities of transferring the relevant certificates of property rights or in transferring the relevant negotiable instruments, certificates, or other property; or
(4) refusing to provide other obligatory assistance in the execution.
With respect to a unit that commits any one of the acts specified above, the people's court may impose a fine on its principal heads or the persons who are held actually responsible for the act; it may detain them if they still refuse to perform the obligation to provide assistance; and it may, in addition, put forward a judicial proposal to the supervisory organ or the relevant organ that disciplinary sanctions are imposed on them.
  Article 115     A fine on an individual shall be less than RMB 100,000; a fine on a unit shall be between RMB 50,000 and RMB 1,000,000.
The period of detention shall not be longer than 15 days.
The people's court shall deliver detained persons to a public security organ for custody. The people's court may decide to advance the time of release, if the detainee admits and mends his wrongdoings.
  Article 116     Constrained appearance in court, imposition of a fine or detention shall be subject to the approval of the president of the people's court.
A peremptory writ shall be issued for constraining appearance in court.
A decision in writing shall be made for the imposition of a fine or detention. The offender, if dissatisfied with the decision, may apply to a people's court at a higher level for reconsideration which could be granted only once. The execution of the decision shall not be suspended during the time of reconsideration.
  Article 117     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 11: Litigation Costs
  Article 118     Any party filing a civil lawsuit shall pay court costs according to the rules. For property cases, the party shall pay other fees in addition to the court costs.
Any party that has genuine difficulty in paying litigation costs may, according to the relevant rules, apply to the people's court for deferment or reduction of the payment or for its exemption.
Particulars for payment of litigation costs shall be laid down separately.
Part 2: Trial Procedure
Chapter 12: Ordinary Procedure of First Instance
Section 1: Bringing a Lawsuit and Accepting a Case
  Article 119     The following conditions must be met when a lawsuit is brought:
(1) the plaintiff must be a citizen, legal person or any other organization that has a direct interest in the case;
(2) there must be a definite defendant;
(3) there must be specific claim or claims, facts, and cause or causes for the suit; and
(4) the suit must be within the scope of acceptance for civil actions by the people's courts and under the jurisdiction of the people's court where the suit is accepted.
  Article 120     When a lawsuit is brought, a statement of complaint shall be submitted to the people's court, and copies of the statement shall be provided according to the number of defendants.
If the plaintiff has genuine difficulty in presenting the statement of complaint in writing, he may state his complaint orally; the people's court shall transcribe the complaint and inform the other party of it accordingly.
  Article 121     A statement of complaint shall clearly set forth the following:
(1) the name, gender, age, ethnic status, occupation, work unit, address, and contact information of the plaintiff, the name and address of the legal person or other organization, the name, position and contact information of the legal representative or person in charge;
(2) the name, gender, work unit, address of the defendant, the name, address and other information of the legal person or other organization.”
(3) the claim or claims of the suit, the facts and grounds on which the suit is based; and
(4) the evidence and its source, as well as the names and home addresses of the witnesses.
  Article 122     Wherever appropriate, conciliation shall be adopted for civil disputes before they are brought to the people’s court, unless the parties thereto refuse conciliation.
  Article 123     The people’s court shall safeguard the parties’ right to institute litigations according to the law and must accept the lawsuits filed in conformity with the provisions of Article 119 of this Law. If the suit meets the requirements for acceptance, the court shall place the case on the docket within seven days and notify the parties concerned. If the suit does not meet the requirements for acceptance, the court shall make a ruling within seven days on rejection of the suit. If the plaintiff is dissatisfied with the ruling, he may lodge a protest.
  Article 124     With respect to lawsuits described below, the people's court shall deal with them in the light of their specific circumstances:
(1) For a lawsuit within the scope of administrative actions in accordance with the provisions of the Administrative Procedure Law, the people's court shall advise the plaintiff to institute administrative proceedings;
(2) If, according to the law, both parties have reached a written agreement to submit their dispute to an arbitral organ for arbitration and they may not institute legal proceedings with a people's court, the people's court shall notify the plaintiff to apply to the arbitral organ for arbitration;
(3) In case of disputes which, according to the law, shall be dealt with by other organs, the people's court shall advise 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 advise the plaintiff to bring a lawsuit in the competent people's court;
(5) With respect to a case of which a judgment, ruling or mediation statement has already taken legal effect, while one party brings a suit again, the people's court shall notify the plaintiff to apply for a retrial, except that the ruling of the people's court permit the withdrawal of a suit;
(6) With respect to an action that may not be filed within a specified period according to the law, it shall not be accepted if it is filed during that period.
(7) In a divorce case in which a judgment has been made disallowing the divorce, or in which both parties have become reconciled after conciliation, or in a case concerning adoptive relationship in which a judgment has been made or conciliation has been successfully conducted to maintain the adoptive relationship, if the plaintiff files a suit again within six months in the absence of any new developments or new reasons, it shall not be accepted.
Section 2: Preparations for Trial
  Article 125     The people's court shall send a copy of the statement of complaint to the defendant within five days from the date of accepting the case, and the defendant shall file a statement of defence within 15 days from the date of receipt of the copy of the statement of complaint. The statement of defence shall state the name, gender, age, ethnic status, occupation, work unit, address, and contact information of the defendant, the name and address of the legal person or other organization, the name, position and contact information of the legal representative or person in charge. The people's court shall send a copy of the statement of defence to the plaintiff within five days from the date of its receipt.
Failure by the defendant to file a statement of defence shall not affect the trial of the case by the people's court.
  Article 126     The people's court shall, with respect to cases whose acceptance has been decided, inform the parties in the notification of acceptance and in the notification calling for response to the action of their relevant litigation rights and obligations of which the parties may likewise be informed orally.
  Article 127     If a party to an action objects to the jurisdiction of a people's court after the court has accepted the case, the party must raise the objection within the period prescribed for the submission of defence. The people's court shall examine the objection. If the objection is established, the people's court shall order the case to be transferred to the people's court that has jurisdiction over it; if not, the people's court shall reject it.
Where a party responds to the action without challenging the jurisdiction, the people’s court accepting the case shall be deemed to have the jurisdiction, provided that there is no violation of provisions on hierarchical jurisdiction and exclusive jurisdiction.
  Article 128     The parties shall be notified within three days after the members of the collegial panel are determined.
  Article 129     The judicial officers must carefully examine and verify the case materials and carry out investigations and collection of necessary evidence.
  Article 130     The personnel sent by a people's court to conduct investigations shall produce their papers before the person to be 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 person being investigated.
  Article 131     A people's court may, when necessary, entrust a people's court in another locality with the investigations.
The entrusting people's court shall clearly set out the matters for and requirements of the entrusted investigations. The entrusted people's court may on its own initiative conduct supplementary investigations.
The entrusted people's court shall complete the investigations within 30 days after receiving the commission in writing. If for certain reasons it cannot complete the investigations, the said people's court shall notify the entrusting people's court in writing within the above-mentioned time limit.
  Article 132     If a party who must participate in a joint action fails to participate in the proceedings, the people's court shall notify him to participate.
  Article 133     The people's court shall handle the accepted lawsuits in light of their specific circumstances:
(1) where the parties concerned have no disputes and the requirements of urge and supervision procedure are met, such procedure could be initiated;
(2) where conciliation may be conducted before the trial, conciliation shall be conducted to timely solve the dispute;
(3) the summary procedures or ordinary procedures may be applied according to the specific conditions of a case; and
(4) where a court session is needed, the focus of the dispute may be clarified through requiring the parties concerned to swap evidence or by other means.
Section 3: Trial in Court
  Article 134     Civil cases shall be tried in public, except for those that involve State secrets or personal privacy or are to be tried otherwise as provided by the law.
A divorce case or a case involving trade secrets may not be heard in public if a party so requests.
  Article 135     For civil cases, the people's court shall, whenever necessary, go on circuit to hold trials on the spot.
  Article 136     For civil cases, the people's court shall notify the parties and other participants in the proceedings three days before the opening of a court session. If a case is to be tried in public, the names of the parties, the cause of action and the time and location of the court session shall be announced publicly.
  Article 137     Before a court session is called to order, the court clerk shall ascertain whether or not the parties and other participants in the proceedings are present and announce the rules of order of the court.
At the beginning of a court session, the presiding judge shall check the parties present, announce the cause of action and the names of the judicial officers and court clerks, inform the parties of their relevant litigation rights and obligations and inquire the parties whether or not they will apply for the withdrawal of any court personnel.
  Article 138     Court investigation shall be conducted in the following order:
(1) statements by the parties;
(2) Informing the witnesses of their rights and obligations, giving testimony by the witnesses and reading of the written statements of witnesses that are absent;
(3) presentation of documentary evidence, material evidence , audio-visual material and electronic data.
(4) reading of expert opinions; and
(5) reading of records of inspection.
  Article 139     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.
Any request by the parties concerned for a new investigation, expert evaluation or inspection shall be subject to the approval of the people's court.
  Article 140     Additional claims by the plaintiff, counterclaims by the defendant and third-party claims related to the case may be tried in combination.
  Article 141     Court debate shall be conducted in the following order:
(1) oral statements by the plaintiff and his agents ad litem;
(2) defence by the defendant and his agents ad litem;
(3) oral statement or defence by the third party and his agents ad litem; and
(4) debate between the two sides.
At the end of the court debate, the presiding judge shall ask each side, first the plaintiff, then the defendant, and then the third party, for their final opinion respectively.
  Article 142     At the end of the court debate, a judgment shall be made according to the law. Where conciliation is possible prior to the rendering of a judgment, conciliation efforts may be made; if conciliation proves to be unsuccessful, a judgment shall be made without delay.
  Article 143     If a plaintiff, having been served with a summons, refuses to appear in court without justified reasons, or if he withdraws during a court session without the permission of the court, the case may be considered as withdrawn by him; if the defendant files a counterclaim in the mean time, the court may make a judgment by default.
  Article 144     If a defendant, having been served with a summons, refuses to appear in court without justified reasons, or if he withdraws during a court session without the permission of the court, the court may make a judgment by default.
  Article 145     If a plaintiff applies for withdrawal of the case before the judgment is pronounced, the people's court shall decide whether or not to approve it.
If withdrawal of the case is not allowed by an order of the people's court, and the plaintiff, having been served with a summons, refuses to appear in court without justified reasons, the people's court may make a judgment by default.
  Article 146     Under any of the following circumstances, the trial may be adjourned:
(1) the parties concerned and other participants in the proceedings required to appear in court fail to do so for justified reasons;
(2) any party concerned makes an extempore application for the withdrawal of a judicial officer;
(3) it is necessary to summon new witnesses to court, collect new evidence, make a new expert evaluation, new inspection, or to make a supplementary investigation; or
(4) other circumstances that warrant the adjournment.
  Article 147     The court clerk shall make a written record of the entire court proceedings, which shall be signed by him and the judicial officers.
The court record shall be read out in court, or else the parties and other participants in the proceedings may be notified to read the record while in court or within five days. If they consider that there are omissions or errors in the record of their own statements, the parties or other participants in the proceedings shall have the right to apply for rectifications. If such rectifications are not made, the application shall be placed on record in 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 put on record in the case file.
  Article 148     The people's court shall publicly pronounce its judgment in all cases, whether publicly tried or not.
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 and given immediately after the pronouncement.
Upon pronouncement of a judgment, the parties concerned 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 concerned must be informed not to remarry before the judgment takes legal effect.
  Article 149     A people's court trying a case in which the ordinary procedure is followed, shall conclude the case within six months from the date of docketing the case. Where an extension of the period is necessary under special circumstances, a six-month extension may be allowed subject to the approval of the president of the court. Further extension, if needed, shall be reported to the people's court at a higher level for approval.
Section 4: Suspension and Termination of Legal Proceedings
  Article 150     Legal Proceedings shall be suspended in any of the following circumstances:
(1) one of the parties dies and it is necessary to wait for the heir or heiress to make clear whether or not to participate in the proceedings;
(2) one of the parties has lost the capacity to engage in litigation and his agent ad litem has not been designated yet;
(3) the legal person or any other organization as one of the parties has dissolved, and the successor 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 adjudication of the case pending 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 litigation.
The proceedings shall resume after the causes of the suspension have been eliminated.
  Article 151     Legal proceedings shall be terminated in any of the following circumstances:
(1) the plaintiff dies without a successor, or the successor waives the right to litigate;
(2) the decedent leaves no estate, nor any one to succeed to his obligations;
(3) one of the parties in a divorce case dies; or
(4) one of the parties in a case involving a claim for alimony, support for elders or children or for the termination of adoptive relationship dies.
Section 5: Judgment and Order
  Article 152     A judgment shall state the outcome of judgment and causes, and shall include the following content:
(1) cause of action, the claims, facts and cause or causes of the dispute;
(2) the facts and causes affirmed by the judgment, applicable laws and causes;
(3) the outcome of adjudication and the costs to be borne; and
(4) the time limit for filing an appeal and the appellate court with which the appeal may be filed.
The judgment shall be signed by the judicial officers and the court clerk, with the seal of the people's court affixed to it.
  Article 153     If some of the facts in a case being tried by the people's court are already evident, the court may pass judgment on that part of the case first.
  Article 154     An order in writing is to be made in any of the following conditions:
(1) refusal to accept a case;
(2) objection to the jurisdiction of a court;
(3) rejection of a complaint;
(4) property preservation and advance execution;
(5) approval or disapproval of withdrawal of a suit;
(6) suspension or termination of legal proceedings;
(7) correction of errata in the judgment;
(8) suspension or termination of execution;
(9) cancellation of or refusal to execute an arbitration award;
(10) refusal to enforce a document of a notary office evidencing the rights of a creditor and entitling him to its compulsory execution; or
(11) other matters to be decided in the form of an order in writing.
An appeal may be lodged against an order in Items (1), (2) and (3) mentioned above.
A written order shall specify the results of the order and reasons thereof, and shall be signed by the judicial officers and the court clerk, with the seal of the people's court affixed thereto. If it is issued orally, the order shall be entered in the record.
  Article 155     All judgments and written orders of the Supreme People's Court, as well as judgments and written orders that may not be appealed against according to the law or that have not been appealed against within the prescribed time limit, shall be legally effective.
  Article 156     The public may consult the legally effective judgments and written orders, except the ones involving State secret, business secret and personal privacy.
Chapter 13: Summary Procedure
  Article 157     When trying simple civil cases in which the facts are evident, the rights and obligations clear and the disputes trivial in character, the primary people's courts and the tribunals dispatched by them shall apply the provisions of this Chapter.
For civil cases other than those specified in the preceding paragraph that are tried by the primary people's courts and their dispatched tribunals, the parties thereto may also reach an agreement on adopting the summary procedure.
  Article 158     In simple civil cases, the plaintiff may lodge his complaint orally.
The two parties concerned may at the same time come before a primary people's court or a tribunal dispatched by it for a solution of their dispute. The primary people's court or the tribunal it dispatched may try the case immediately or set a date for the trial.
  Article 159     In trying a simple civil case, the primary people’s court or its dispatched tribunal may use simplified methods to summon the parties and witnesses, serve litigation documents and try the case provided that the rights of the parties concerned to make statements are guaranteed.
  Article 160     Simple civil cases shall be tried by a single judge alone and the trial of such cases shall not be bound by the provisions of Articles 136, 138, and 141 of this Law.
  Article 161     The people's court trying a case in which summary procedure is followed shall conclude the case within three months from the date of placing the case on the docket.
  Article 162     With regard to a simple case tried by the primary people’s court or its dispatched tribunal, that meets the requirements stipulated in Paragraph 1 of Article 157, with the dispute amount lower than 30% of the annual average salary of employees of the relevant province, autonomous region or municipality directly under the Central Government in the previous year, the judgment of first instance shall be final.
  Article 163     If the people's court finds it is improper to adopt the summary procedure to a case during the trial of the case, it may rule to adopt ordinary procedure for the case.
Chapter 14: Procedure of Second Instance
  Article 164     If a party refuses to accept a judgment of first instance of a local people's court, he 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 a written order of first instance of a local people's court, he shall have the right to file an appeal with a people's court at the next higher level within ten days from the date on which the written order is served.
  Article 165     For filing an appeal, a petition for the purpose shall be submitted. The content of the 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 heads; the name of the people's court where the case is originally tried; file number of the case and the cause of action; and the claims of the appeal and the reasons.
  Article 166     The appeal petition shall be submitted through the people's court which originally tried the case, and copies of it shall be provided according to the number of persons in the other party or of the representatives thereof.
If a party appeals directly to a people's court of second instance, the said court shall, within five days, transmit the appeal petition to the people's court which originally tried the case.
  Article 167     The people's court which originally tried the case shall, within five days after receiving the appeal petition, serve a copy of it on the other party, who shall submit his statement of defence within 15 days from the date of receipt of such copy. The people's court shall, within five days from the date of receiving the statement of defence, serve a copy of it on the appellant. Failure by the other party to submit a statement of defence shall not prevent the case from being tried by the people's court.
After receiving the appeal petition and the defence, 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 168     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 169     With respect to a case of appeal, the people's court of second instance shall form a collegial panel to conduct open trial. After consulting the files, making investigations and inquiring the parties, for a case with no new facts, evidences or causes raised, if the collegial panel considers that it is not necessary to conduct open trial, the open trial may not be conducted.
The people's court of second instance may try a case on appeal at its own site or in the place where the case originated or where the people's court which originally tried the case is located.
  Article 170     After trying a case of appeal, the people's court of second instance shall handle the case in light of the following situations:
(1) If, in the original judgment or written order, the facts are clearly ascertained and the law and regulations are correctly applied, the people's court of second instance shall reject the appeal and make a judgment or order to affirm the original judgment or order;
(2) If, in the original judgment or written order, the facts are incorrectly ascertained or the law and regulations are incorrectly applied, the people's court of second instance shall make a judgment or order to amend, cancel or change the judgment or order in accordance with the law;
(3) If, in the original judgment, the facts are not clearly ascertained, the people's court of second instance may make an order to cancel the original judgment, remand the case to the people's court of original instance for retrial, or the people's court of second instance may amend the judgment after investigating and ascertaining the facts; and
(4) If there is serious violation of legal procedures in making the original judgment, for instance, the judgment is made without presence of the parties concerned or a default judgment is made in violation of the law, the people's court of second instance shall rule to cancel the original judgment and remand the case to the people's court of original instance for retrial.
With respect to an appeal lodged by the parties concerned after the people's court of original instance has retried the case, the people's court of second instance shall not remand the case for retrial again.
  Article 171     The people's court of second instance shall decide in the form of orders in handling all cases of appeal against the written orders made by the people's courts of first instance.
  Article 172     In dealing with a case on appeal, 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 officers and the court clerk, with the seal of the people's court affixed to it. After the conciliation statement has been served, the original judgment of the lower court shall be deemed as set aside.
  Article 173     If an appellant applies for withdrawal of his appeal before a people's court of second instance pronounces its judgment, the court shall decide whether or not to approve the application.
  Article 174     In the trial of a case on appeal, the people's court of second instance shall, apart from observing the provisions of this Chapter, follow the ordinary procedure for trials of first instance.
  Article 175     The judgment and the written order of a people's court of second instance shall be final.
  Article 176     The people's court trying a case on appeal shall conclude the case within three months from the date of docketing the case for second instance trial. Any extension of the period necessitated by special circumstances shall be subject to the approval of the president of the court.
The people's court trying a case on appeal against a written order shall, within 30 days from the date of docketing the case for second instance trial, make a written order which is final.
Chapter 15: Special Procedure
Section 1: General Provisions
  Article 177     When the people's court tries cases concerning the qualification of voters, the declaration of a person as missing or dead, the determination of legal incapacity or restricted legal capacity of a citizen, the determination of a property as ownerless, the confirmation of a mediation agreement and the realization of real rights for security, the provisions of this Chapter shall apply. For matters not covered in this Chapter, the relevant provisions of this Law and other laws shall apply.
  Article 178     In cases tried in accordance with the procedure provided 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 qualification of voters or of any major, difficult or complicated case; other cases shall be tried by a single judge alone.
  Article 179     If a people's court, while trying a case in accordance with the procedure provided in this Chapter, finds that the case involves a civil dispute over rights and interests, it shall make a written order to terminate the special procedure and inform the interested parties to otherwise institute an action.
  Article 180     A people's court trying a case in which special procedure is followed shall conclude the case within 30 days from the date of placing the case on the docket or within 30 days after expiration of the period stated in the public notice. Any extension of the time limit necessitated by special circumstances shall be subject to the approval of the president of the court, excepting, however, a case concerning the qualification of voters.
Section 2: Cases Concerning the Qualification of Voters
  Article 181     If a citizen refuses to accept an election committee's decision on an appeal concerning his voting qualification, he may, five days before the election day, bring a suit in the primary people's court located in the electoral district.
  Article 182     After accepting a case concerning voting qualification, a people's court must conclude the trial before the election day.
The party who brings the suit, the 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 on the election committee and the party who brings the suit before the election day; other citizens concerned shall be notified of the judgment.
Section 3: Cases Concerning the Declaration of a Person as Missing or Dead
  Article 183     With respect to a citizen whose whereabouts are unknown for two years in full, if the interested party applies for declaring the person as missing, the application shall be filed with the primary people's court in the locality where the missing person has his domicile.
The application shall clearly state the facts and time of the disappearance of the person missing as well as the motion; documentary evidence from a public security organ or other relevant organs concerning the disappearance of the citizen shall be appended to the application.
  Article 184     With respect to a citizen whose whereabouts are unknown for four years in full or whose whereabouts are unknown for two years in full after an accident in which he is involved, or with respect to a citizen whose whereabouts are unknown after such an accident, and, upon proof furnished by the relevant authorities that it is impossible for him to survive, if the interested party applies for declaring such person as dead, the application shall be filed with the primary people's court in the locality where the missing person has his domicile.
The application shall clearly state the facts and time of the disappearance as well as the motion; documentary evidence from a public security organ or other relevant organs concerning the disappearance of the citizen shall be appended to the application.
  Article 185     After accepting a case concerning the declaration of a person as missing or dead, the people's court shall issue a public notice in search of the person missing. The period of the public notice for declaring a person as missing shall be three months, and that for declaring a person as dead shall be one year. Where a citizen's whereabouts are unknown after an accident in which he is involved and, upon proof furnished by the relevant authorities that it is impossible for him to survive, the period of the public notice for proclaiming such person as dead shall be three months.
On the expiration of the period of the public notice, the people's court shall, depending on whether the fact of the missing or death of the person has been confirmed, make a judgment declaring the person missing or dead or make a judgment rejecting the application.
  Article 186     If a person who has been declared missing or dead by a people's court reappears, the people's court shall, upon the application of that person or of an interested party, make a new judgment and annul the previous one.
Section 4: Cases Concerning the Adjudgment of Legal Incapacity or Restricted Legal Capacity of Citizens
  Article 187     An application for adjudgment of legal incapacity or restricted legal capacity of a citizen shall be filed by the citizen's near relatives or any other interested party with the primary people's court in the locality where the citizen has his domicile.
The application shall clearly state the fact and grounds of the citizen's legal incapacity or restricted legal capacity.
  Article 188     After accepting such an application, the people's court shall, when necessary, have an expert evaluation of the citizen of whom the determination of legal incapacity or restricted legal capacity is sought; if the applicant has already provided an evaluation opinion, the people's court shall examine such opinion.
  Article 189     In the trial by the people's court of a case for the determination of legal incapacity or restricted legal capacity of a citizen, a near relative of the citizen shall be his agent, the applicant being excluded. If the near relatives of the citizen shift responsibility onto one another, the people's court shall appoint one of them as agent for the citizen. If the citizen's condition of health permits, the people's court shall also seek the opinion of the citizen on the matter.
If, through the trial, the people's court finds that the application is based on facts, a judgment of legal incapacity or restricted legal capacity of the citizen shall be made; if the court finds that the application is not based on facts, it shall make a judgment rejecting the application.
  Article 190     If, upon the application of a person who has been determined as one of legal incapacity or restricted legal capacity or upon the application of his guardian, the people's court confirms that the causes of that person's legal incapacity or restricted legal capacity have been eliminated, a new judgment shall be made annulling the previous one.
Section 5: Cases Concerning the Determination of Property as Ownerless
  Article 191     An application for determining a property as ownerless shall be filed by a citizen, legal person or any other organization with the primary people's court in the place where the property is located.
The application shall clearly state the type and quantity of the property and the grounds on which the application for determining the property as ownerless is filed.
  Article 192     The people's court shall, after accepting such an application and upon examination and verification of it, issue a public notice calling on the owner to claim the property. If no one claims the property one year after the issue of the public notice, the people's court shall make a judgment determining the property as ownerless and turn it over to the State or the collective concerned.
  Article 193     If, after a property has been determined by a judgment as ownerless, the owner of the property or his successor appears, such a person may file a claim for the property within the period of limitation specified in the General Principles of the Civil Law. The people's court shall, after examination and verification of the claim, make a new judgment, annulling the previous one.
Section 6: Cases Involving Confirmation of Mediation Agreement
  Article 194     An application for judicial confirmation of a mediation agreement shall be jointly filed by the two parties within 30 days from the effective date of the mediation agreement with the primary people’s court in the place where the mediation organization is located in accordance with the People’s Mediation Law and other relevant laws.
  Article 195     The people's court shall make a written order to determine the validity of the mediation agreement after accepting the application and confirming the application is in conformity with the law. If one party refuses to perform or fails to completely perform the order, the other party may apply with the people's court for execution. The application shall be rejected if it is not in conformity with the law. Both parties may change the agreement through mediation or reach a new mediation agreement or bring a lawsuit before the people's court.
Section 7: Cases Involving Realization of Real Rights for Security
  Article 196     An application for realizing real rights for security shall be filed by the holder of real rights for security or other persons having the right to request the realization of the real rights for security with the primary people's court in the place where the property is located or where the real right for security is registered in accordance with the Property Law and other relevant laws.
  Article 197     The people's court shall make a written order on auctioning or selling the said property after accepting the application and confirming the application is in conformity with the law. The party may apply with the people's court for execution according to the order. The application shall be rejected if it is not in conformity with the law and the parties concerned may bring a lawsuit before the people's court.
Chapter 16: Procedure for Trial Supervision
  Article 198     If the president of a people's court at any level finds definite error in a legally effective judgment or written order of his court and deems it necessary to have the case retried, he shall refer it to the judicial committee for discussion and decision.
If the Supreme People's Court finds definite error in a legally effective judgment or written order of a local people's court at any level, or if a people's court at a higher level finds some definite error in a legally effective judgment or written order of a people's court at a lower level, it shall respectively have the power to bring the case up for trial by itself or direct the people's court at a lower level to conduct a retrial.
  Article 199     If the parties concerned believe that there is an error in a legally effective judgment or written order, they may apply with the people's court at the next higher level for a retrial. If one party to the case involves large number of persons, or both parties to the case are citizens, they may also apply with the people’s court of original instance for retrial. However, the execution of the judgment or order shall not be suspended during the application.
  Article 200     If an application made by a party meets any one of the following conditions, the people's court shall retry the case:
(1) There is new evidence which is sufficient to reverse the original judgment or written order;
(2) There is a lack of evidence for establishing the basic facts ascertained in the original judgment or written order;
(3) The main evidence for the facts ascertained in the original judgment or written order is falsified;
(4) The main evidence for the facts ascertained in the original judgment or written order is not cross-examined;
(5) The parties concerned are unable to collect the main evidence of the case by themselves for objective reasons and apply for help with the people's court, but the people's court fails to collect such evidence;
(6) There is definite error in the application of law to the making of the original judgment or written order;
(7) Formation of the trial organization is unlawful or the adjudicator that should withdraw has not done so;
(8) The person incapable of judicial act is not represented by a statutory agent, or the party that should participate in the litigation fails to do so for reasons not attributable to himself or his legal representative;
(9) The party's right to debate is deprived of in violation of the provisions of law;
(10) The default judgment in the absence of the party is made where a summons is not served on the party;
(11) Some claims are omitted or excessive claims are confirmed in the original judgment or written order;
(12) The legal document on the basis of which the original judgment or written order is abrogated or revised; or
(13) The judicial officers have committed embezzlement, accepted bribes, engaged in malpractices for personal benefits or perverted the law when trying the case.
  Article 201     With respect to a legally effective conciliation statement, if evidence furnished by a party proves that the conciliation violates the principle of voluntariness or that the content of the conciliation agreement violates the law, the party may apply for a retrial. If the foregoing proves true after its examination, the people's court shall retry the case.
  Article 202     With respect to a legally effective judgment or mediation agreement on dissolution of marriage, neither of the two parties shall apply for a retrial.
  Article 203     Where a party applies for a retrial, he shall submit a written application for retrial and other relevant materials. The people's court shall, within five days after receiving the application, serve the duplicate of the written application for retrial on the other party. The other party shall submit written opinions within 15 days after receiving the said duplicate; and failure on the part of the other party to submit the written opinions shall not prevent the review by the people's court. The people's court may require the applicant and the other party to supplement the relevant materials and inquire about relevant matters.
  Article 204     The people's court shall review the application within three months upon receiving the retrial application, and grant approval if it is in conformity with the provisions of this Law, or otherwise reject the application. The extension of the period, if needed under special circumstances, shall be subject to the approval of the president of the court.
if a party to a case applies for a written order to retry a case, the case shall be retried by an intermediate people's court or a people's court at a higher level, unless the party selects to apply for retrial by the primary people’s court according to Article 199 herein. If a written order is made to retry a case by the Supreme People's Court or a high people's court, the case shall be retried by the court rendering the said written order or it may be handed over to any other people's court or the people's court of original instance for retrial.
  Article 205     A party that intends to apply for a retrial shall submit an application within six months after the judgment or written order becomes legally effective; under the circumstances stipulated in Items (1), (3), (12) and (13) of Article 200, the party shall submit the application within six months after he knows or should know the fact.