Article 206     When a decision is made to retry a case in accordance with the trial and supervision procedure, the execution of the original judgment, written order or mediation agreement shall be suspended, except for cases involving claims for alimony, support for children or elders, pension for the disabled or the family of a decedent, expenses for medical care or labor remuneration.
  Article 207     With respect to a case pending retrial by a people's court in accordance with the procedure for trial supervision, if the legally effective judgment or written order is made by a court of first instance, the case shall be tried in accordance with the procedure of first instance, and the parties concerned may appeal against the new judgment or order; if the legally effective judgment or written order is made by a court of second instance, the case shall be tried in accordance with the procedure of second instance, and the new judgment or written order shall be legally effective; if it is a case which is brought up for trial by a people's court at a higher level, it shall be tried in accordance with the procedure of second instance, and the new judgment or written order shall be legally effective.
The people's court shall form a new collegial panel for the purpose of the retrial.
  Article 208     If the Supreme People’s Procuratorate discovers that a legally effective judgment or written order made by a people’s court at any level involves any of the circumstances under Article 200 of this Law, or if a people’s procuratorate at a higher level discovers that a legally effective judgment or written order made by a people’s court at a lower level involves any of the circumstances under Article 200 of this Law, or the mediation agreement endangers the national interest or the social and public interest, the Supreme People’s Procuratorate or the said people’s procuratorate at a higher level shall lodge a protest.
If a local people’s procuratorate at any level discovers that a legally effective judgment or written order made by a people’s court at the same level involves any of the circumstances specified under Article 200 of this Law, or the mediation agreement endangers the national interest or the social and public interest, the people’s procuratorate may raise procuratorial suggestions to the people’s court at the same level and report to the people’s procuratorate at the higher level for record-filing, or request the people’s procuratorate at a higher level to lodge a protest to the people’s court at the same level.
The people’s procuratorates at all levels shall have the right to raise procuratorial suggestions to the people's courts at the same level regarding any illegal acts of judicial officials in judicial procedures other than the trial and supervision procedure.
  Article 209     Under any of the following circumstances, the parties concerned may apply with the people’s procuratorate to raise procuratorial suggestions or lodge a protest:
(1) The people’s court rejects the application for retrial;
(2) The people’s court fails to make a ruling on the application within a prescribed period; or
(3) There are obvious errors in the retrial judgment or ruling.
The people’s procuratorate shall review the application filed by the parties concerned within three months and make a decision on whether or not to raise procuratorial suggestions or lodge a protest. The parties concerned shall not apply with the people’s procuratorate for raising procuratorial suggestions or lodging a protest again.
  Article 210     Where a people’s procuratorate needs to raise procuratorial suggestions or lodge a protest for the purpose of performing legal supervision duty, it may investigate and confirm the relevant information with the parties concerned or the outsiders.
  Article 211     With respect to a case against which a people’s procuratorate lodges a protest, the people’s court that has accepted the protest shall make a decision on whether or not to retry the case within 30 days after receipt of the protest. Under any of the circumstances prescribed in Items (1) to (5) of Article 200 of this Law, the people’s court may transfer the case to a lower court for retrial, unless the case has already been retried by the said lower court.
  Article 212     When a people's procuratorate decides to lodge a protest against a judgment or written order made by a people's court, it shall make the protest in writing.
  Article 213     The people's court shall, in retrying a case in which protest is lodged by a people's procuratorate, notify the procuratorate to send representative to attend the court session.
Chapter 17: Urge and Supervision Procedure
  Article 214     When a creditor requests payment of a pecuniary debt or recovery of negotiable instruments from a debtor, he may, if the following requirements are met, apply to the primary people's court that has jurisdiction for an order of payment:
(1) no other debt disputes exist between the creditor and the debtor; and
(2) the order of payment can be served on the debtor.
The application shall clearly state the requested amount of money or of the negotiable instruments and the facts and evidence on the basis of which the application is made.
  Article 215     After the creditor has submitted his application, the people's court shall within five days inform the creditor whether or not it accepts the application.
  Article 216     After accepting the application and upon examination of the facts and evidence provided by the creditor, the people's court shall, if the rights and obligations relationship between the creditor and the debtor is clear and legitimate, issue within 15 days from the date of accepting the application, an order of payment to the debtor; if the application is unfounded, the people's court shall make an order to reject it.
The debtor shall, within 15 days from the date of receipt of the order of payment, clear off his debts or submit to the people's court his dissent in writing.
If the debtor has neither dissented from nor complied with the order of payment within the period specified in the preceding paragraph, the creditor may apply to the people's court for execution.
  Article 217     The people's court shall, upon receiving the objection in writing submitted by the debtor, make an order to terminate the urge and supervision procedure if the objection is established through investigation, and the order of payment shall automatically be invalidated.
Once the order of payment becomes invalid, the case will enter into legal proceedings, unless the party that has applied for the order of payment disagrees.
Chapter 18: Procedure for Publicizing Public Notice for Assertion of Claims
  Article 218     Any holder of a bill transferable by endorsement according to the law may, if the bill is stolen, lost, or destroyed, apply to the primary people's court of the place where the bill is to be paid for publication of public notice for assertion of claims. The provisions of this Chapter shall apply to other matters for which, according to the law, an application for publication of a public notice for assertion of claims may be made.
The applicant shall submit to the people's court an application which clearly states the main contents of the bill such as the face amount, the drawer, the holder, the endorser, and the facts and reasons in respect of the application.
  Article 219     The people's court shall, upon deciding to accept the application , notify the payer concerned in the meantime to suspend the payment, and shall, within three days, issue a public notice for the interested parties to assert their rights. The period of the public notice shall be decided at the discretion of the people's court; however, it shall not be less than 60 days.
  Article 220     The payer shall, upon receiving the notification by the people's court to suspend the payment, do so accordingly till the conclusion of the procedure for publicizing public notice for assertion of claims.
Within the period of the public notice, assignment of rights on the bill shall be void.
  Article 221     Interested party or parties as claimants shall report their claims to the people's court within the period of the public notice.
After receiving the report on the claims by interested party or parties, the people's court shall make a written order to terminate the procedure for publicizing public notice for assertion of claims, and notify the applicant and the payer.
The applicant or the claimants may bring an action in the people's court.
  Article 222     If no claim is asserted, the people's court shall make a judgment on the basis of the application to declare the bill in question null and void. The judgment shall be published and the payer notified accordingly. As of the date of publication of the judgment, the applicant shall be entitled to payment by the payer.
  Article 223     If an interested party for justified reasons is unable to submit his claim to the people's court before the judgment is made, he may, within one year from the day he knows or should know the publication of the judgment, bring an action in the people's court which has made the judgment.
Part 3: Procedure of Execution
Chapter 19: General Provisions
  Article 224     Legally effective judgments or written orders in civil cases, as well as the parts of judgments or written orders that relate to property in criminal cases, shall be executed by the people's court of first instance or by the people's court at the same level as the people's court of first instance, where the property subjected to execution is located.
Other legal documents which are to be executed by a people's court as prescribed by the law shall be executed by the people's court of the place where the person subjected to execution has his domicile or where the property subjected to execution is located.
  Article 225     If a party or an interested party considers that the execution is in violation of legal provisions, it may raise a written objection to the people's court that is responsible for the execution. If a party or an interested party raises a written objection, the people's court shall review the written objection within 15 days after receiving it. If the reasons for objection are tenable, the people's court shall make an order to cancel or put to right the execution; otherwise, it shall make an order to reject the objection. If the party or interested party is dissatisfied with the order, it may apply for reconsideration to the people's court at the next higher level within ten days after the order is served.
  Article 226     If the people's court fails to execute a judgment or written order within six months after receiving the application for execution, the person applying for execution may apply to the people's court at the next higher level for execution. Upon review, the people's court at the next higher level may order the original people's court to execute within a specified period of time, or may decide to execute by itself or instruct any other people's court to do it.
  Article 227     If, in the course of execution, a person not involved in the case raises a written objection to the object subjected to execution, the people's court shall review the written objection within 15 days after receiving it. If the reasons for objection are tenable, the people's court shall make an order to suspend the execution; otherwise, it shall make an order to reject the objection. If the person not involved in the case or the party is dissatisfied with the order and considers that there is error in the original judgment or written order, the matter shall be dealt with according to the procedure for trial supervision; and if the objection is irrelevant to the original judgment or written order, the said person or party may bring a lawsuit to a people's court within 15 days after the order is served.
  Article 228     Execution work shall be carried out by the execution officer.
When carrying out a compulsory execution measure, the execution officer shall produce his papers. After the execution is completed, the execution officer shall make a record of the particulars of the execution, and have it signed or sealed by the persons concerned on the scene.
The people's court may, when necessary, establish execution organs.
  Article 229     If a person or property subjected to execution is in another locality, the people's court in that locality may be entrusted with the execution. The entrusted people's court shall begin the execution within 15 days after receiving a letter of entrustment and shall not refuse to do so. After the execution has been completed, the entrusted people's court shall promptly inform the entrusting people's court, by letter, of the result of the execution. If the execution has not been completed within 30 days, the entrusted people's court shall also inform the entrusting people's court, by letter, of the particulars of the execution.
If the entrusted people's court does not carry out the execution within 15 days from the date of receiving the letter of entrustment, the entrusting people's court may request the people's court at a higher level over the entrusted people's court to instruct the entrusted people's court to carry out the execution.
  Article 230     If in the course of execution the two parties become reconciled and reach a settlement agreement on their own initiative, the execution officer shall make a record of the contents of the agreement, and both parties shall affix their signatures or seals to the record.
If the execution applicant enters into a mediation agreement with the person subjected to execution as a result of fraud or coercion by the latter, or if one party concerned fails to fulfill the mediation agreement, the people’s court may, at the request of the other party, resume the execution of the legal document which is originally effective.
  Article 231     In the course of execution, if the person subjected to execution provides a guaranty, the people's court may, with the consent of the person who has applied for execution, decide on the suspension of the execution and the time limit for such suspension. If the person subjected to execution still fails to perform his obligations after the time limit, the people's court shall have the power to execute the property he has provided as security or the property of the guarantor.
  Article 232     If the citizen subjected to execution dies, his debts shall be paid off from the deceased estate; if a legal person or any other organization subjected to execution dissolves, the party that succeeds to its rights and obligations shall fulfill the obligations.
  Article 233     After the completion of execution, if definite error is found in the executed judgment, written order or other legal documents resulting in the annulment of such judgment, order or legal documents by the people's court, the said court shall, with respect to the property which has been executed, make a written order that persons who have obtained the property shall return it. In the event of refusal to return such property, compulsory execution shall be carried out.
  Article 234     The provisions of this Part shall be applicable to the execution of the conciliation statement as drawn up by the people's court.
  Article 235     The people's procuratorate shall have the right to perform legal supervision over the execution of civil cases.
Chapter 20: Application for Execution and Referral
  Article 236     The parties concerned must comply with legally effective judgments or written orders in civil cases. If a party refuses to do so, the other party may apply to the people's court for execution, or the judge may refer the matter to the execution officer for execution.
The parties concerned must comply with the conciliation statement and other legal documents that are to be executed by the people's court. If a party refuses to do so, the other party may apply to the people's court for execution.
  Article 237     If a party fails to comply with an award of an arbitral organ established according to the law, the other party may apply for execution to the people's court which has jurisdiction over the case. The people's court applied to shall enforce the award.
If the party against whom the application is made furnishes proof that the arbitral award involves any of the following circumstances, the people's court shall, after examination and verification by a collegial panel, make a written order not to allow the execution:
(1) the parties have had no arbitration clause in their contract, nor have subsequently reached a written agreement on arbitration;
(2) the matters dealt with by the award fall outside the scope of the arbitration agreement or are matters which the arbitral organ has no power to arbitrate;
(3) the composition of the arbitration tribunal or the procedure for arbitration contradicts the procedure prescribed by the law.
(4) the evidences based on which the arbitral award is made is falsified;;
(5) the other parties conceal the evidences from the arbitral organ which are sufficient to affect the impartiality of the arbitral award; or
(6) the arbitrators have committed embezzlement, accepted bribes or done malpractice for personal benefits or perverted the law in the arbitration of the case.
If the people's court determines that the execution of the arbitral award is against the social and public interest, it shall make an order not to allow the execution.
The above-mentioned written order shall be served on both parties and the arbitral organ.
If the execution of an arbitral award is disallowed by a written order of the people's court, the parties may, in accordance with a written agreement on arbitration reached between them, apply for arbitration again; they may also bring an action in a people's court.
  Article 238     If a party fails to comply with a document evidencing the creditor's rights made enforceable according to the law by a notary office, the other party may apply to the people's court which has jurisdiction over the case for execution. The people's court applied to shall enforce such document.
If the people's court finds definite error in the document of creditor's rights, it shall make an order not to allow the execution and serve the order on both parties concerned as well as the notary office.
  Article 239     The time limit for submission of an application for execution shall be two years. The termination or suspension of the time limit for submission of an application for execution shall be governed by the provisions of law on the termination or suspension of the limitation of action.
The time limit prescribed in the preceding paragraph shall be calculated from the last day of the period specified in a legal document for performance of the execution. If a legal document specifies performance of the execution in stages, the time limit shall be calculated from the last day of the period specified for each stage of performance. If no period of performance is specified in a legal document, the time limit shall be calculated from the date when the legal document takes effect.
  Article 240     The execution officer shall, upon receiving the application for execution or the writ of referral directing execution, send an execution notice to the person subjected to execution and may carry out compulsory execution immediately.
Chapter 21: Execution Measures
  Article 241     If a person subjected to execution fails to fulfill the obligations, specified in a legal document, in compliance with the notification for execution, he shall report his property situation existing at the moment and one year before he has received the notification. If he refuses to do so or makes a false report, the people's court may, in light of the seriousness of the case, impose a fine or detention on him, or his legal representative, the principal leading person of the unit concerned or the person directly responsible.
  Article 242     If the person subjected to execution fails to, according to the execution notice, fulfill his obligations specified in the legal document, the people’s court shall have the right to make inquiries with relevant units on his property, such as savings, bonds, stocks and funds, and may seize, freeze, transfer or appraise his property according to different situations. The property under the inquiry or seizure or is transferred or appraised by the people’s court shall not go beyond the scope of obligation of the person subjected to execution.
The people’s court shall, in deciding to seize, freeze, transfer or appraise the property, make a written order and issue a notice for assistance in execution. The concerned units must cooperate on this issue.
  Article 243     If the person subjected to execution fails to fulfill according to the execution notice the obligations specified in the legal document, the people's court shall be empowered to withhold or withdraw part of the income of the person subjected to execution, for the fulfillment of his obligations. However, it shall leave out the necessary living expenses for the person subjected to execution and his dependant family members.
The people's court shall, when withholding or withdrawing the income, make a written order and issue a notice for assistance in execution. The unit in which the person subjected to execution works, banks, credit cooperatives or other units that deal with savings deposit must comply with the notice.
  Article 244     If the person subjected to execution fails to fulfill according to the execution notice the obligations specified in the legal document, the people's court shall be empowered to seal up, distrain, freeze, sell by public auction, or sell off part of the property of the person subjected to execution for the fulfillment of his obligations. However, it shall leave out the necessaries of life for the person subjected to execution and his dependant family members.
The people's court shall make an order for the adoption of the measures specified in the preceding paragraph.
  Article 245     When the people's court seals up or distrains a property, it shall, if the person subjected to execution is a citizen, notify him or an adult member of his family to appear on the scene; if the party subjected to execution is a legal person or any other organization, it shall notify its legal representatives or its principal heads to be present. Their refusal to appear on the scene shall not hinder the execution. If the person subjected to execution is a citizen, his unit or the grass-roots organization of the place where his property is located shall send a representative to attend the execution.
An inventory of the sealed-up or distrained property must be made by the execution officer and, after the inventory has been signed or sealed by the persons on the scene, a copy of it shall be given to the person subjected to execution. If the person subjected to execution is a citizen, another copy may be given to an adult member of his family.
  Article 246     The execution officer may commit the sealed-up property to the person subjected to execution for safekeeping, and the person shall be held responsible for any losses incurred due to his fault.
  Article 247     After a property has been sealed up or detained, the execution officer shall instruct the person subjected to execution to fulfill his obligations specified in the legal document. If the person fails to fulfill his obligations upon expiration of the period, the people’s court may, sell the sealed-up or detained property through public auction. If the property is not suitable for auction or both parties agree not to sell the property through public auction, the people’s court may entrust relevant units to sell the property or sell the property by itself. If the goods are prohibited from free trading by the State, relevant units shall purchase the goods at a price fixed by the State.
  Article 248     If the person subjected to execution fails to fulfill his obligations specified in the legal document and conceals his property, the people's court shall be empowered to issue a search warrant and search him and his domicile or the place where the property is concealed.
In adopting the measure mentioned in the preceding paragraph, the president of the people's court shall sign and issue the search warrant.
  Article 249     With respect to the property or negotiable instruments specified for delivery in the legal document, the execution officer shall summon both parties concerned and deliver them in their presence or the execution officer may forward them to the recipient, who shall sign and give a receipt.
Any unit concerned that has in possession the property or negotiable instruments shall turn them over to the recipient in accordance with the notice of the people's court for assistance in execution, and the recipient shall sign and give a receipt.
If any citizen concerned has in possession the property or negotiable instruments, the people's court shall notify him to hand them over. If he refuses to do so, compulsory execution shall be carried out.
  Article 250     Compulsory eviction from a building or a plot of land shall require a public notice signed and issued by the president of a people's court, instructing the person subjected to execution to comply within a specified period of time. If the person subjected to execution fails to do so upon the expiration of the period, compulsory execution shall be carried out by the execution officer.
When compulsory execution is being carried out, if the person subjected to execution is a citizen, the person or an adult member of his family shall be notified to be present; if the party subjected to execution is a legal person or any other organization, its legal representatives or principal heads shall be notified to be present; their refusal to be present shall not hinder the execution. If the person subjected to execution is a citizen, his work unit or the grass-roots organization in the locality of the building or the plot of land shall send a representative for attendance. The execution officer shall make a record of the particulars of the compulsory execution, with the signatures or seals of the persons on the scene affixed to it.
The people's court shall assign personnel to transport the property removed in a compulsory eviction from a building to a designated location and turn it over to the person subjected to execution or, if the person is a citizen, to an adult member of his family; if any loss is incurred due to such person's refusal to accept the property, the loss shall be borne by the person subjected to execution.
  Article 251     In the course of execution, if certain formalities for the transfer of certificates of property right need to be gone through, the people's court may issue a notice for assistance in execution to the relevant units, and they must comply with it.
  Article 252     If the person subjected to execution fails to perform acts specified in a judgment or written order or any other legal document according to the execution notice, the people's court may carry out compulsory execution or entrust the task to a relevant unit or other persons, and the person subjected to execution shall bear the expenses thus incurred.
  Article 253     If the person subjected to execution fails to fulfill his obligations with respect to pecuniary payment within the period specified by a judgment or written order or any other legal document, he shall pay double interest on the debt for the belated payment. If the person subjected to execution fails to fulfill his other obligations within the period specified in the judgment or written order or any other legal document, he shall pay a charge for the dilatory fulfillment.
  Article 254     After the adoption of the execution measures stipulated in Articles 242, 243 and 244 of this Law, if the person subjected to execution is still unable to repay the debts, he shall continue to fulfill his obligations. If the creditor finds that the person subjected to execution has any other property, he may at any time apply to the people's court for execution.
  Article 255     If a person subjected to execution fails to fulfill the obligations specified in a legal document, the people's court may adopt, or advise the unit concerned to assist in adoption of, the measure of restricting the person's departure from the country, making records in the credibility system, through the media publishing information about his failure to perform his obligations, or other measures stipulated by law.
Chapter 22: Suspension and Termination of Execution
  Article 256     The people's court shall make a written order to suspend execution under any of the following circumstances:
(1) the applicant indicates that the execution may be postponed;
(2) an outsider raises an obviously reasonable objection to the object of the execution;
(3) a citizen as one of the parties dies and it is necessary to wait for the successor to inherit the rights of the deceased or to succeed to his obligations;
(4) a legal person or any other organization as one of the parties dissolves, and the party succeeding to its rights and obligations has not been determined; or
(5) other circumstances occur under which the people's court deems the suspension of execution necessary.
Execution shall be resumed when the circumstances warranting the suspension of execution have disappeared.
  Article 257     The people's court shall make a written order to terminate execution under any of following circumstances:
(1) the applicant has withdrawn his application;
(2) the legal document on which the execution is based has been revoked;
(3) the citizen subjected to execution dies and there is no estate that may be subjected to execution, nor anyone to succeed to his obligations;
(4) the person entitled to claim alimony or support for elders or children dies;
(5) the citizen subjected to execution is too badly off to repay his debts, has no source of income and has lost his ability to work as well; or
(6) other circumstances occur under which the people's court deems the termination of execution necessary.
  Article 258     A written order to suspend or terminate execution shall become effective immediately after being served on the parties concerned.
Part 4: Special Provisions for Civil Procedure of Cases Involving Foreign Element
Chapter 23: General Principles
  Article 259     The provisions of this Part shall be applicable to civil proceedings within the territory of the People's Republic of China in regard to cases involving foreign element. Where it is not covered by the provisions of this Part, other relevant provisions of this Law shall apply.
  Article 260     If an international treaty concluded or acceded to by the People's Republic of China contains provisions that differ from provisions of this Law, the provisions of the international treaty shall apply, except those on which China has made reservations.
  Article 261     Civil actions brought against a foreign national, a foreign organization or an international organization that enjoys diplomatic privileges and immunities shall be dealt with in accordance with the relevant laws of the People's Republic of China and the provisions of the international treaties concluded or acceded to by the People's Republic of China.
  Article 262     The people's court shall conduct trials of civil cases involving foreign element in the spoken and written language commonly used in the People's Republic of China. Translation may be provided at the request of the parties concerned, and the expenses shall be borne by them.
  Article 263     When foreign nationals, stateless persons or foreign enterprises and organizations need lawyers as agents ad litem to bring an action or enter appearance on their behalf in the people's court, they must appoint lawyers of the People's Republic of China.
  Article 264     Any power of attorney mailed or forwarded by other means from outside the territory of the People's Republic of China by a foreign national, stateless person or a foreign enterprise and organization that has no domicile in the People's Republic of China for the appointment of a lawyer or any other person of the People's Republic of China as an agent ad litem must be notarized by a notary office in the country of domicile and authenticated by the Chinese embassy or consulate accredited to that country or, for the purpose of verification, must go through the formalities stipulated in the relevant bilateral treaties between China and that country before it becomes effective.
Chapter 24: Jurisdiction
  Article 265     In the case of an action concerning a contract dispute or other disputes over property rights and interests, brought against a defendant who has no domicile within the territory of the People's Republic of China, if the contract is signed or performed within the territory of the People's Republic of China, or if the subject matter of the action is located within the territory of the People's Republic of China, or if the defendant has distrainable property within the territory of the People's Republic of China, or if the defendant has its representative office within the territory of the People's Republic of China, the people's court of the place where the contract is signed or performed, or where the subject matter of the action is, or where the defendant's distrainable property is located, or where the torts are done, or where the defendant's representative office is located, shall have jurisdiction.
  Article 266     Actions brought on disputes arising from the performance of contracts for Chinese-foreign equity joint ventures, or Chinese-foreign contractual joint ventures, or Chinese-foreign cooperative exploration and development of the natural resources in the People's Republic of China shall fall under the jurisdiction of the people's courts of the People's Republic of China.
  Article 267     A people's court may serve litigation documents on a party who has no domicile within the territory of the People's Republic of China in the following ways:
(1) in the way specified in the international treaties concluded or acceded to by both the People's Republic of China and the country where the person on whom service is to be made resides;
(2) by making the service through diplomatic channels;
(3) with respect to the person on whom the service is to be made and who is of the nationality of the People's Republic of China, service may be entrusted to the embassy or consulate of the People's Republic of China accredited to the country where the person resides;
(4) by making the service on the agent ad litem who is authorized to receive the documents served;
(5) by serving the documents on the representative office established in the People's Republic of China by the person on whom the service is to be made or on his branch office or business agents there who have the right to receive the documents;
(6) by mail if the law of the country where the person on whom the service is to be made resides so permits; in the event that the receipt of delivery has not been returned within three months after the date on which the documents are mailed, and that circumstances justify the assumption that service has been made, the service shall be deemed completed upon the expiration of the said time period;
(7) by other means through which the receipt can be confirmed, such as facsimile, email, etc.; and
(8) by public notice, if none of the above-mentioned methods can be employed. The service shall be deemed completed three months after the date on which the public notice is issued.
Chapter 25: Service and Time Periods
  Article 268     If a defendant has no domicile within the territory of the People's Republic of China, the people's court shall serve a copy of the statement of complaint on the defendant and notify him to submit his defence within 30 days after he receives the copy of the statement of complaint. Extension of the period requested by the defendant shall be at the discretion of the people's court.
  Article 269     If a party who has no domicile within the territory of the People's Republic of China is dissatisfied with a judgment or written order made by a people's court of first instance, he shall have the right to file an appeal within 30 days from the date the written judgment or order is served. The appellee shall submit his defence within 30 days after receipt of a copy of the appeal petition. If a party who is unable to file an appeal or submit a defence within the period prescribed by the law requests an extension of the period, the people's court shall decide whether to grant it.
  Article 270     The period for the trials of civil cases involving foreign element by the people's court shall not be restricted by the provisions of Articles 149 and 176 of this Law.
Chapter 26: Arbitration
  Article 271     In the case of a dispute arising from the foreign economic, trade, transport or maritime activities of China, if the parties have had an arbitration clause in the contract concerned or have subsequently reached a written arbitration agreement stipulating the submission of the dispute for arbitration to an arbitral organ in the People's Republic of China handling cases involving foreign element, or to any other arbitral body, they may not bring an action in a people's court.
If the parties have not had an arbitration clause in the contract concerned or have not subsequently reached a written arbitration agreement, they may bring an action in a people's court.
  Article 272     If a party has applied for preservation measures, the arbitral organ of the People's Republic of China handling cases involving foreign element shall refer the party's application for a decision to the intermediate people's court of the place where the party against whom the application is made has his domicile or where his property is located.
  Article 273     In a case in which an award has been made by an arbitral organ of the People's Republic of China handling cases involving foreign element, the parties may not bring an action in a people's court. If one party fails to comply with the arbitral award, the other party may apply for its execution to the intermediate people's court of the place where the party against whom the application for execution is made has his domicile or where his property is located.
  Article 274     A people's court shall, after examination and verification by a collegial panel of the court, make a written order not to allow the execution of the award rendered by an arbitral organ of the People's Republic of China handling cases involving foreign element, if the party against whom the application for execution is made furnishes proof that:
(1) the parties have not had an arbitration clause in the contract or have not subsequently reached a written arbitration agreement;
(2) the party against whom the application for execution is made is not given notice for the appointment of an arbitrator or for the inception of the arbitration proceedings or is unable to present his case due to causes for which he is not responsible;
(3) the composition of the arbitration tribunal or the procedure for arbitration is not in conformity with the rules of arbitration; or
(4) the matters dealt with by the award fall outside the scope of the arbitration agreement or which the arbitral organ is not empowered to arbitrate.
If the people's court determines that the execution of the award goes against the social and public interest of the country, the people's court shall make a written order not to allow the execution of the arbitral award.
  Article 275     If the execution of an arbitral award is disallowed by a written order of a people's court, the parties may, in accordance with a written arbitration agreement reached between them, apply for arbitration again; they may also bring an action in a people's court.
Chapter 27: Judicial Assistance
  Article 276     In accordance with the international treaties concluded or acceded to by the People's Republic of China or with the principle of reciprocity, the people's courts of China and foreign courts may make mutual requests for assistance in the service of legal documents, in investigation and collection of evidence or in other litigation actions.
The people's court shall not render the assistance requested by a foreign court, if it impairs the sovereignty, security or social and public interest of the People's Republic of China.
  Article 277     The request for the providing of judicial assistance shall be effected through channels provided in the international treaties concluded or acceded to by the People's Republic of China; in the absence of such treaties, they shall be effected through diplomatic channels.
A foreign embassy or consulate accredited to the People's Republic of China may serve documents on its citizens and make investigations and collect evidence among them, provided that the laws of the People's Republic of China are not violated and no compulsory measures are taken.
Except for the conditions provided in the preceding paragraph, no foreign organization or individual may, without the consent of the competent authorities of the People's Republic of China, serve documents or make investigations and collect evidence within the territory of the People's Republic of China.
  Article 278     The letter of request for judicial assistance and its annexes sent by a foreign court to a people's court shall be appended with a Chinese translation or a text in any other language or languages specified in the relevant international treaties.
The letter of request and its annexes sent to a foreign court by a people's court for judicial assistance shall be appended with a translation in the language of that country or a text in any other language or languages specified in the relevant international treaties.
  Article 279     The judicial assistance provided by the people's courts shall be rendered in accordance with the procedure prescribed by the laws of the People's Republic of China. If a special form of judicial assistance is requested by a foreign court, it may also be rendered, provided that the special form requested does not contradict the laws of the People's Republic of China.
  Article 280     If a party applies for execution of a legally effective judgment or written order made by a people's court, and the opposite party or his property is not within the territory of the People's Republic of China, the applicant may directly apply for recognition and execution to the foreign court which has jurisdiction. The people's court may also, in accordance with the relevant provisions of the international treaties concluded or acceded to by China, or with the principle of reciprocity, request recognition and execution by the foreign court.
If a party applies for execution of a legally effective arbitral award made by an arbitral organ in the People's Republic of China handling cases involving foreign element and the opposite party or his property is not within the territory of the People's Republic of China, he may directly apply for recognition and execution of the award to the foreign court which has jurisdiction.
  Article 281     If a legally effective judgment or written order made by a foreign court requires recognition and execution by a people's court of the People's Republic of China, the party concerned may directly apply for recognition and execution to the intermediate people's court of the People's Republic of China which has jurisdiction. The foreign court may also, in accordance with the provisions of the international treaties concluded or acceded to by that foreign country and the People's Republic of China or with the principle of reciprocity, request recognition and execution by a people's court.
  Article 282     In the case of an application or request for recognition and execution of a legally effective judgment or written order of a foreign court, the people's court shall, after examining it in accordance with the international treaties concluded or acceded to by the People's Republic of China or with the principle of reciprocity and arriving at the conclusion that it does not contradict the primary principles of the law of the People's Republic of China nor violates State sovereignty, security and social and public interest of the country, recognize the validity of the judgment or written order, and, if required, issue a writ of execution to execute it in accordance with the relevant provisions of this Law; if the application or request contradicts the primary principles of the law of the People's Republic of China or violates State sovereignty, security and social and public interest of the country, the people's court shall not recognize and execute it.
  Article 283     If an award made by a foreign arbitral organ requires the recognition and execution by a people's court of the People's Republic of China, the party concerned shall directly apply to the intermediate people's court of the place where the party subjected to execution has his domicile or where his property is located. The people's court shall deal with the matter in accordance with the international treaties concluded or acceded to by the People's Republic of China or with the principle of reciprocity.
  Article 284     This Law shall go into effect as of the date of promulgation, and the Civil Procedure Law of the People's Republic of China (for Trial Implementation) shall be abrogated simultaneously.