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Home China Laws 1988

1988

TRADEMARK LAW

Category  INTELLECTUAL PROPERTY RIGHT Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  With An Amendment Existing
Date of Promulgation  1982-08-23 Effective Date  1983-03-01  


Trademark Law of the People’s Republic of China

Contents
Chapter I  General Provisions
Chapter II  Application for Trademark Registration
Chapter III  Examination and Approval of Trademark Registration
Chapter IV  Renewal, Assignment and Licensing of Registered Trademarks
Chapter V  Determination of Disputes Concerning Registered Trademarks
Chapter VI  Administrative Control of the Use of Trademarks
Chapter VIII  Supplementary Provisions

(Adopted at the 24th Meeting of the Standing Committee of the Fifth

National People’s Congress and promulgated by Order No. 10 of the Standing
Committee of the National People’s Congress on August 23, 1982, and
effective as of March 1, 1983) (Editor’s Note: For the revised text, see
Decision of the Standing Committee of the National People’s Congress on
Revision the Trademark Law of the People’s Republic of China promulgated
on February 22, 1993)
Contents

    Chapter I    General Provisions

    Chapter II   Application for Trademark Registration

    Chapter III  Examination and Approval of Trademark Registration

    Chapter IV   Renewal, Assignment and Licensing of Registered Trademarks

    Chapter V    Determination of Disputes Concerning Registered Trademarks

    Chapter VI   Administrative Control of the Use of Trademarks

    Chapter VII  Protection of the Right to Exclusive Use of a Registered
Trademark

    Chapter VIII Supplementary Provisions
Chapter I  General Provisions

    Article 1  This Law is formulated for the purpose of improving the
administration of trademarks, protecting the right to exclusive use of
trademarks and encouraging producers to guarantee the quality of their goods
and maintain the reputation of their trademarks, so as to protect the
interests of consumers and promote the development of the socialist commodity
economy.

    Article 2  The Trademark Office of the administrative department for
industry and commerce under the State Council shall be in charge of the work
of trademark registration and administration throughout the country.

    Article 3  Registered trademarks are those that have been approved and
registered by the Trademark Office. Trademark registrants shall enjoy the
right to exclusive use of their trademarks and shall be protected by law.

    Article 4  Any enterprise, institution or self-employed industrialist or
businessman that needs to acquire the right to exclusive use of a trademark
for the goods it produces, manufactures, processes, selects or markets shall
file an application for registration with the Trademark Office.

    Article 5  With respect to goods that the state has designated as
requiring the use of a registered trademark, an application for trademark
registration must be filed; the goods may not be sold on the market before
registration is granted.

    Article 6  The user of a trademark shall be responsible for the quality
of the goods on which the trademark is used. The administrative departments
for industry and commerce at all levels shall, by means of trademark
administration, exercise supervision over the quality of goods and stop any
practices that deceive consumers.

    Article 7  Any word or design, or combination thereof, used as a
trademark, shall have distinctive characteristics so as to facilitate
identification. Wherever a registered trademark is used, it shall bear the
words “Registered trademark” or a sign indicating that it is registered.

    Article 8  The following words or designs may not be used in trademarks:

    (1) those identical with or similar to the national name, national flag,
national emblem, military flag or medals of the People’s Republic of China;

    (2) those identical with or similar to the national name, national flag,
national emblem or military flag of any foreign country;

    (3) those identical with or similar to the flag, emblem or name of any
intergovernmental international organization;

    (4) those identical with or similar to the symbol or name of the Red
Cross or the Red Crescent;

    (5) the generic name or design of the goods concerned;

    (6) those directly indicating the quality, main raw materials, function,
use, weight, quantity or other characteristics of the goods concerned;

    (7) those having the nature of discrimination against any nationality;

    (8) those constituting exaggerated and deceitful advertising; and

    (9) those detrimental to socialist morality or customs, or having other
harmful influences.

    Article 9  Where a foreigner or foreign enterprise applies for trademark
registration in China, the matter shall be handled in accordance with any
agreement concluded between the country to which the applicant belongs and
the People’s Republic of China, or any international treaty to which both
countries are parties, or on the basis of the principle of reciprocity.

    Article 10  Where a foreigner or foreign enterprise applies for trademark
registration or deals with other trademark matters in China, it shall
entrust an organization designated by the Chinese Government to act on its
behalf.
Chapter II  Application for Trademark Registration

    Article 11  An applicant for trademark registration shall report, in
accordance with the prescribed classification of goods, the class of the goods
and the designation of the goods on which the trademark is to be used.

    Article 12  If an applicant intends to use the same trademark on goods
in different classes, it shall submit separate applications for registration
in accordance with the classification of goods.

    Article 13  If a registered trademark needs to be used on other goods of
the same class, a new application for registration shall be filed.

    Article 14  If any word or design of a registered trademark needs to be
changed, a new application for registration shall be filed.

    Article 15  If a change needs to be made in the name, address or any other
registered matter concerning the registrant of a registered trademark, an
application to make the change shall be filed.
Chapter III  Examination and Approval of Trademark Registration

    Article 16  When an application has been made to register a trademark that
is in conformity with the relevant provisions of this Law, the Trademark Office
shall make a preliminary examination and approval of that trademark and shall
publicly announce it.

    Article 17  If an application has been made to register a trademark that
is not in conformity with the relevant provisions of this Law or that is
identical with or similar to another person’s trademark which has already been
registered or given preliminary examination and approval for use on the same
kind of goods or similar goods, the Trademark Office shall reject the current
application and shall not publicly, announce that trademark.

    Article 18  If two or more applicants apply for registration of identical
or similar trademarks for the same kind of goods or similar goods, the
trademark whose registration was first applied for shall be given preliminary
examination and approval and shall be publicly announced; if the applications
are filed on the same day, the trademark which was first used shall be given
preliminary examination and approval and shall be publicly announced, and the
applications of the others shall be rejected and shall not be publicly
announced.

    Article 19  Any person may file on opposition to a trademark which has
been given preliminary examination and approval, within three months from the
day it was publicly announced. If no opposition is filed, or if it is
determined that the opposition is not justified, registration shall be
granted, a trademark registration certificate shall be issued and the
trademark shall be publicly announced. If it is determined that the opposition
is justified, no registration shall be granted.

    Article 20  The administrative department for industry and commerce under
the State Council shall establish a Trademark Review and Adjudication Board to
be responsible for handling trademark disputes.

    Article 21  When an application for trademark registration has been
rejected and the trademark is not to be publicly announced, the Trademark
Office shall notify the applicant in writing. If the applicant does not agree
with the rejection, it may apply for a reexamination within 15 days after
receiving the notification, and the Trademark Review and Adjudication Board
shall make a final decision and notify the applicant in writing.

    Article 22  If an opposition is filed against a trademark which has been
given preliminary examination and approval and has been publicly announced,
the Trademark Office shall hear the opponent’s and the applicant’s statements
of the facts and reasons and shall, after investigation and verification,
make a decision. If a party disagrees with the decision, it may apply for a
reexamination within 15 days after receiving notification of the decision,
and the Trademark Review and Adjudication Board shall make a final decision
and notify the opponent and the applicant in writing.
Chapter IV  Renewal, Assignment and Licensing of Registered Trademarks

    Article 23  The period of validity of a registered trademark shall be ten
years, counted from the day the registration is approved.

    Article 24  If a registrant needs to continue to use the registered
trademark after the period of validity expires, an application for renewal of
registration shall be made within six months before the expiration. If the
registrant fails to make such an application within that period, an extension
period of six months may be granted. If no application has been filed before
the extension period expires, the registered trademark shall be cancelled.

    The period of validity for each renewal of registration shall be ten
years. After a renewal of registration has been approved, it shall be publicly
announced.

    Article 25  When a registered trademark is to be assigned, the assignor
and the assignee shall jointly file an application with the Trademark Office.
The assignee shall guarantee the quality of the goods on which the registered
trademark is to be used.

    After the assignment of a registered trademark has been approved, it
shall be publicly announced.

    Article 26  A trademark registrant may, by concluding a trademark
licensing contract, authorize another person to use its registered trademark.
The licensor shall supervise the quality of the goods on which the licensee
uses the licensor’s registered trademark, and the licensee shall guarantee the
quality of the goods on which the registered trademark is to be used.

    The trademark licensing contract shall be submitted to the Trademark office
for the record.
Chapter V  Determination of Disputes Concerning Registered Trademarks

    Article 27  If there is a dispute over a registered trademark, the
disputant may apply to the Trademark Review and Adjudication Board for a
ruling within one year from the day, the trademark registration was approved.

    After the Trademark Review and Adjudication Board has received an
application for a ruling, it shall notify the parties concerned and request
them to reply within a specified period.

    Article 28  If an opposition was filed and a ruling already made prior to
the approval of the registration of a trademark, the same facts and reasons
may not be used in an another application for a ruling.

    Article 29  After the Trademark Review and Adjudication Board has made the
final ruling upholding or revoking a registered trademark in dispute, it shall
notify the parties concerned in writing.
Chapter VI  Administrative Control of the Use of Trademarks

    Article 30  In the event of any of the following acts concerning the use
of a registered trademark, the Trademark Office shall order rectification of
the situation within a specified period or shall revoke the registered
trademark:

    (1) if any word or design, or combination thereof, of the registered
trademark is altered without authorization;

    (2) if the registrant’s name, address or any other registered matters
concerning the registered trademark is changed without authorization;

    (3) if the registered trademark is assigned without authorization; and

    (4) if the registered trademark has not been used for three consecutive
years.

    Article 31  If a registered trademark is used on crudely manufactured
goods that are passed off as being of high quality, thus deceiving consumers,
the administered administrative departments for industry and commerce at
various levels shall, according to the circumstances, order rectification of
the situation within a specified period and may, in addition, circulate a
notice on the matter or impose a fine, or the Trademark Office may revoke
the registered trademark.

    Article 32  If a registered trademark is revoked or is not renewed after
its period of validity expires, the Trademark Office shall not approve any
application for the registration of a trademark identical with or similar to
the said trademark within one year from the day of the revocation or
cancellation.

    Article 33  In the event of a violation of the provisions of Article 5 of
this Law, the local administrative department for industry and commerce shall
order the violator to file an application for registration within a specified
period and may, in addition, impose a fine.

    Article 34  In the event of any of the following acts concerning the use
of an unregistered trademark, the local administrative department for industry
and commerce shall stop the use of the trademark, order rectification of the
situation within a specified period and may, in addition, circulate a notice
on the matter or impose a fine:

    (1) if the trademark is falsely represented as being a registered one;

    (2) if the trademark violates the provisions of Article 8 of this Law; or

    (3) if the trademark is used on crudely manufactured goods that are passed
off as being of high quality, thus deceiving consumers.

    Article 35  If a party disagrees with the decision of the Trademark Office
to revoke a registered trademark, it may apply for a reexamination within 15
days after receiving notification of the revocation, and the Trademark Review
and Adjudication Board shall make a final decision and notify the applicant
in writing.

    Article 36  If a party disagrees with the decision of the administrative
department for industry and commerce to impose a fine under the provisions of
Article 31,33 or 34 of this Law, it may bring a suit in a people’s court
within 15 days after receiving the notification of the decision. If, at the
expiration of such a period, the party has neither brought a suit nor complied
with the decision, the relevant administrative department for industry and
commerce shall apply to the people’s court for compulsory enforcement of its
decision.

    Chapter VII  Protection of the Right to Exclusive Use of a Registered
Trademark

    Article 37  The right to exclusive use of a registered trademark shall be
limited to trademarks which have been approved for registration and to goods
on which the use of a trademark has been approved.

    Article 38  Any of the following acts shall be an infringement of the
right to exclusive use of a registered trademark:

    (1) using a trademark which is identical with or similar to the registered
trademark on the same kind of goods or similar goods without a licence from
the owner of that registered trademark;

    (2) manufacturing or selling, without authorization, representations of
the registered trademark of another person; or

    (3) harming, in other ways, another person’s right to exclusive use of a
registered trademark.

    Article 39  In the event of any of the acts listed in Article 38 of this
Law, infringing the right to exclusive use of a registered trademark, the
party whose right has been infringing may request the administrative
department for industry and commerce at or above the county level in the place
where the infringer is located to handle the matter. The relevant
administrative department for industry and commerce shall have the right to
order the infringer to stop the infringing act immediately and to compensate
the party whose right has been infringed for its losses; the amount of
compensation shall be the profits which the infringer has obtained as a result
of the infringement during the period of the infringement or the losses
incurred by the party whose right has been infringed as a result of the
infringement during the period of the infringement. If the circumstances
are serious, a fine may be concurrently imposed. If a party disagrees with
the order, it may bring a suit in a people’s court within 15 days after
receiving notification of the order. If, at the expiration of such a period,
the party has neither brought a lawsuit nor complied with the decision, the
relevant administrative department for industry and commerce shall request
the people’s court for compulsory enforcement of its decision. In the event of
an infringement of the right to exclusive use of a registered trademark, the
party whose right has been infringed may also directly bring a suit in a
people’s court.

    Article 40  Any person who falsely uses the registered trademark of
another person, including the unauthorized manufacture or sale of
representations of another person’s registered trademark, shall be ordered to
make compensation for the losses suffered by the party whose right has been
infringed and may be concurrently punished by a fine. Moreover, the criminal
responsibility of the person directly responsible shall be investigated by
the judicial organs in accordance with the law.
Chapter VIII  Supplementary Provisions

    Article 41  Applicants for trademark registration and the handling of
other trademark matters shall pay a fee, the specific standards of which shall
be prescribed separately.

    Article 42  Rules for the implementation of this Law shall be formulated
by the administrative department for industry and commerce under the State
Council, and shall be implemented after they have been submitted to and
approved by the State Council.

    Article 43  This Law shall go into effect as of March 1, 1983. On that
same day, the Regulations on Trademark Administration promulgated by the State
Council on April 10, 1963 shall simultaneously be repealed, and any other
provisions concerning trademark administration that conflict with this Law
shall be invalidated.

    Trademarks registered before this Law goes into effect shall continue to
be valid.





DETAILED RULES FOR THE IMPLEMENTATION OF CUSTOMS SUPERVISION AND CONTROL AND TAXATION ON IMPORT AND EXPORT GOODS BY ENTERPRISES DOING PROCESSING, ASSEMBLING AND SMALL AND MEDIUM-SCALED COMPENSATION TRADE

INTERIM PROVISIONS ON THE STANDARDS OF REGISTRATION FEES PAID BY CHINESE-FOREIGN EQUITY JOINT VENTURES

The State Administration for Industry and Commerce

Interim Provisions on the Standards of Registration Fees Paid by Chinese-foreign Equity Joint Ventures

the State Administration for Industry and Commerce

February 2, 1982

Interim regulations on the standards of registration fees and re-registration fees to be paid by Chinese-foreign equity joint ventures
(to be referred to hereafter as joint ventures) are hereby drawn up according to the prescriptions of Article Eight of the “Rules
on the Registration and Management of Chinese-foreign Equity Joint Ventures” promulgated by the State Council of the People’s Republic
of China. The regulations are as follows:

1.

Joint ventures whose establishment has been approved by the Foreign Investment Management Committee of the People’s Republic of China
or its commissioned people’s governments of the provinces, municipalities or autonomous regions or ministries, commissions or general
bureaus under the State Council, and those which have received certificates of approval from the Foreign Investment Management Committee
should pay registration fees according to the following standards, when they get registered and receive business licenses from the
People’s Republic of China.

(a)

The required registration fees stand at 1/1000 of the registered capital if the capital is at or below the 10 million yuan level.

(b)

If the registered capital exceeds the 10 million yuan level, the required registration fees stand at 0.5/1000 for the sum above the
10 million yuan level, while the registration fees for the sum below the 10 million yuan level remain at 1/1000.

If a joint venture intends to increase its capital after registration, the registration fees will be re-calculated on the basis of
the total sum of the capital. The joint venture should then pay additional registration fees for their increased capital according
to the above prescriptions.

2.

If a joint venture asks for re-registration or for a new business license when it has been granted permission to move to a new place;
change its direction of production; increase, decrease or transfer the possession of its registered capital; replace its director
or general manager; or to extend the period of contract, it should pay 100 yuan each time as re-registration fee.

In case it only increases its registered capital after having paid the required registration fees, it does not have to pay a re-registration
fee.

3.

If both the Chinese party and the foreign party are engaged in joint ventures in each other’s country, and if the difference of the
standards of registration fees is too great, they may seek a settlement through negotiations on the basis of reciprocity.

4.

Ventures jointly run by Chinese and foreigners and those using only foreign investment and run exclusively by foreigners with the
permission of the Foreign Investment Management Committee of the People’s Republic of China or its commissioned people’s governments
of the provinces, municipalities or autonomous regions should also pay registration or re-registration fees according to the foregoing
provisions.

5.

Ventures invested and run exclusively by overseas Chinese, Hongkong and Macao compatriots or ventures invested and run jointly by
them and mainland enterprises (including those run on the basis of co-operation) with the permission of the Foreign Investment Management
Committee of the People’s Republic of China or its commissioned people’s governments of the provinces, municipalities or autonomous
regions pay only half of the registration or re-registration fees that joint ventures pay.

6.

In the event that the above-said enterprises need legal papers for identification when they go to start business in other countries,
they will be supplied with “Business Certificates of the People’s Republic of China” by the State Administration for Industry and
Commerce Administration of the People’s Republic of China. A fee of 20 yuan will be charged for each such certificate.

7.

The interim regulations shall enter into force as of the date of promulgation. The above-said enterprises should pay retroactive registration
fees if their establishment was approved and registered before the promulgation of these Interim regulations but no registration
fees have yet been paid.



 
The State Administration for Industry and Commerce
1982-02-02

 






DOING PROCESSING, ASSEMBLING AND SMALL AND MEDIUM-SCALED COMPENSATION TRADE

CIVIL PROCEDURE LAW (FOR TRIAL IMPLEMENTATION)

Category  LITIGATION Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  Invalidated
Date of Promulgation  1982-03-08 Effective Date  1982-10-01 Date of Invalidation  1991-04-09


Civil Procedure Law of the People’s Republic of China (for Trial Implementation)

Contents
Chapter I  The Aim and Basic Principles
Chapter II  Jurisdiction
Chapter III  Trial Organizations
Chapter IV  Withdrawal
Chapter V  Participants in Proceedings
Chapter VI  Evidence
Chapter VII  Time Periods and Service
Chapter VIII  Compulsory Measures Against Impairment of Civil Actions
Chapter IX  Litigation Costs
Chapter X  Ordinary Procedure
Chapter XI  Summary Procedure
Chapter XII  Special Procedure
Chapter XIII  Procedure of Second Instance
Chapter XIV  Procedure for Trial Supervision
Chapter XV  General Stipulations
Chapter XVI  Referral of and Application for Execution
Chapter XVII  Execution Measures
Chapter XVIII  Suspension and Conclusion of Execution
Chapter XIX  General Principles
Chapter XX  Arbitration
Chapter XXI  Service and Time Periods
Chapter XXII  Preservative Measures in Litigation
Chapter XXIII  Judicial Assistance

(Adopted at the 22nd Meeting of the Standing Committee of the Fifth

National People’s Congress and promulgated by Order No. 8 of the Standing
Committee of the National People’s Congress on March 8, 1982, and implemented
on a trial basis as of October 1, 1982) (Editer’s Note: This law has been
annulled by The Civil Procedure Law of The People’s Republic of China
promulgated on April 9, 1991 and effective as of the same date)
Contents

    Part One  General Provisions

    Chapter I  The Aim and Basic Principles

    Chapter II  Jurisdiction

        Section 1  Jurisdiction by Level

        Section 2  Territorial Jurisdiction

        Section 3  Referral and Designation of Jurisdiction

    Chapter III  Trial Organization

    Chapter IV  Withdrawal

    Chapter V  Participants in Proceedings

        Section 1  Parties

        Section 2  Agent ad Litem

    Chapter VI  Evidence

    Chapter VII   Time Periods and Service

        Section 1  Time Periods

        Section 2  Service

    Chapter VIII  Compulsory Measures Against Impairment of Civil Actions

    Chapter IX  Litigation Costs

    Part Two  Procedure of First Instance

    Chapter X  Ordinary Procedure

        Section 1  Bringing a Suit and Accepting a Case

        Section 2  Preparations for Trial

        Section 3  Preservative Measures in Litigation and Advance Payment

        Section 4  Conciliation

        Section 5  Trial in Court

        Section 6  Suspension and Conclusion of a Lawsuit

        Section 7  Judgment and Order

    Chapter XI  Summary Procedure

    Chapter XII  Special Procedure

        Section 1  General Stipulations

        Section 2  Cases Concerning Rolls of Voters

        Section 3  Cases Concerning the Proclamation of the Death of

                   a Missing Person

        Section 4  Cases Concerning the Determination of a Citizen as

                   Incompetent

        Section 5  Cases Concerning the Determination of a Property as

                   Ownerless

    Part Three  Procedure of Second Instance and Procedure for Trial

                Supervision

    Chapter XIII  Procedure of Second Instance

    Chapter XIV  Procedure for Trial Supervision

    Part Four  Procedure of Execution

    Chapter XV  General Stipulations

    Chapter XVI  Referral of and Application for Execution

    Chapter XVII  Execution Measures

   Chapter XVIII  Suspension and Conclusion of Execution

    Part Five  Special Stipulations for Civil Procedures Involving Foreign

               Interests

    Chapter XIX  General Principles

    Chapter XX  Abritration

    Chapter XXI  Service and Time Periods

    Chapter XXII  Preservative Measures in Litigation

    Chapter XXIII  Judicial Assistance

    Part One  General Provisions
Chapter I  The Aim 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 actual
conditions of our country and its experience in trying civil cases.

    Article 2  The aim of the Civil Procedure Law of the People’s Republic of
China is to ensure that the people’s courts ascertain facts, distinguish right
from wrong, apply the law correctly, try civil cases promptly, affirm the
rights and duties in civil affairs, impose sanctions for civil wrongs, protect
the rights and interest of the state, collectives and individuals, and educate
citizens to voluntarily abide by the law.

    Article 3  All those who engage in civil lawsuits within the territory of
the People’s Republic of China must abide by this Law.

    The provisions of this Law are applicable to administrative cases that by
law are to be tried by the people’s courts.

    Article 4  The people’s courts shall exercise the judicial authority with
respect to civil cases.

    The people’s courts shall try civil cases independently, in accordance
with the law, and shall not be subject to interference by any administrative
organ, public organization or individual.

    Article 5  In conducting civil proceedings, the people’s courts must base
themselves on facts and take the law as the criterion; the law applies equally
to all parties to a lawsuit; and the parties shall be guaranteed equal
exercise of their litigation rights.

    Article 6  In conducting civil proceedings, the people’s courts shall
stress conciliation; if conciliation efforts are ineffective, they shall
render judgments without delay.

    Article 7  In handling civil cases, the people’s courts shall, wherever
necessary and possible, send out circuit tribunals to conduct trials on the
spot.

    Article 8  In trying civil cases, the people’s courts shall, as provided
for by law, apply the system whereby the second hearing is final, and the
systems of public trial, collegial panel and withdrawal of judicial personnel.

    Article 9  Citizens of all nationalities shall have the right to use their
native spoken and written languages in civil proceedings.

    Where people of a minority nationality live in a concentrated community
or where a number of nationalities live together in one area, the people’s
courts shall conduct hearings and issue legal documents in the spoken and
written languages commonly used by the local nationalities.

    The people’s courts shall provide translations for any party to the court
proceedings who is not familiar with the spoken or written languages commonly
used by the local nationalities.

    Article 10  The parties to a civil lawsuit shall have the right to argue
about the issues in dispute.

    Article 11  The parties to a civil lawsuit shall be enpost_titled, within the
scope stipulated by law, to dispose of their rights in civil affairs and
their litigation rights.

    Article 12  The people’s procuratorates shall have the right to exercise
legal supervision over the civil proceedings of the people’s courts.

    Article 13  If the civil rights and interests of the state, a collective
or an individual have been infringed, a state organ, public organization,
enterprise or institution may support the injured unit or individual to
initiate legal action in a people’s court.

    Article 14  The people’s conciliation committees shall be mass
organizations to conciliate disputes among the people, which are to function
under the guidance of the grass-roots people’s governments and the basic
people’s courts.

    A people’s conciliation committee shall conduct its conciliation through
persuasion and education in accordance with the provisions of the law and the
principle of voluntariness. The parties concerned shall execute the agreement
reached upon in the conciliations; those who refuse a conciliation or those
for whom a conciliation has failed may initiate legal action in a people’s
court.

    If a people’s conciliation committee violates any policies or laws in
conciliating a case, a people’s court shall make corrections.

    Article 15  The people’s congresses of the national autonomous areas and
their standing committees may formulate certain adoptive or supplementary
provisions in accordance with the principles of the Constitution and this Law
and with the specific circumstances of the local nationalities. Such
provisions made by an autonomous region shall be reported to the Standing
Committee of the National People’s Congress for the record. The provisions
made by an autonomous prefecture or autonomous county shall be submitted to
the standing committee of the people’s congress of the relevant autonomous
region or province for approval and to the Standing Committee of the National
People’s Congress for the record.
Chapter II  Jurisdiction

    Section 1  Jurisdiction by Level

    Article 16  The basic people’s courts shall have jurisdiction as courts of
first instance over civil cases, unless otherwise stipulated in this Law.

    Article 17  The intermediate people’s courts shall have jurisdiction as
courts of first instance over the following civil cases:

    (1) cases involving foreign interests; and

    (2) cases that have major impact on the area under their jurisdiction.

    Article 18  The higher people’s courts shall have jurisdiction as courts
of first instance over civil cases that have major impact on the areas under
their jurisdiction.

    Article 19  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 it deems it should try.

    Section 2  Territorial Jurisdiction

    Article 20  A civil lawsuit shall be under the jurisdiction of the
people’s court in the place where the defendant has his domicile; if the
defendant’s domicile is different from his residence, the lawsuit shall be
under the jurisdiction of the people’s court in the place of his residence.

    A civil lawsuit against an enterprise, institution, state organ or public
organization shall be under the jurisdiction of the people’s court in the
place where the defendant unit is located.

    Where the domiciles or residences of several defendants in one lawsuit
fall under the jurisdiction of two or more people’s courts, all of those
people’s courts shall have jurisdiction over the lawsuit.

    Article 21  The civil lawsuits described below shall be under the
jurisdiction of the people’s court in the place where the plaintiff has his
domicile; if a plaintiff’s domicile is different from his residence, the
lawsuit shall be under the jurisdiction of the people’s court in the place of
his residence. The relevant lawsuits are:

    (1) those brought by civilians against servicemen;

    (2) those concerning the status of persons not residing in the People’s
Republic of China;

    (3) those against persons who are undergoing rehabilitation through
labour; and

    (4) those against imprisoned persons.

    Article 22  A lawsuit initiated over an infringing act shall be under the
jurisdiction of the people’s court in the place where the infringement took
place.

    Article 23  A lawsuit initiated over a contract dispute shall be under the
jurisdiction of the people’s court in the place where the contract is
performed or where it was signed.

    Article 24  A lawsuit arising from railway, highway or water transport or
through transport shall be under the jurisdiction of the people’s court in the
place where the administrative organ in charge of investigating and handling
such disputes is located.

    Article 25  A lawsuit arising from air transport shall be under the
jurisdiction of the people’s court in the place where the transport began,
where it ended or where the contract was signed.

    Article 26  A lawsuit concerning claims for damages caused by an aviation
accident shall be under the jurisdiction of the people’s court in the place
where the accident took place or where the aircraft first landed after the
accident.

    Article 27  A lawsuit concerning claims for damages caused by a ship
collision or any other maritime accident shall be under the jurisdiction of
the people’s court in the place where the injured ship first docked after the
accident or where the ship at fault was detained or in the port area where
the ship at fault is registered.

    Article 28  A lawsuit concerning claims for maritime salvage shall be
under the jurisdiction of the people’s court in the place where the salvage
took place or where the salvaged vessel first docked after the disaster.

    Article 29  In cases where the implementation of Articles 22 to 28 proves
difficult, the provisions of Article 20 or 21 may be applied.

    Article 30  The following cases shall be under the exclusive jurisdiction
of the people’s courts herein specified:

    (1) A lawsuit initiated over real estate shall be under the jurisdiction
of the people’s court in the place where the real estate is located.

    (2) A lawsuit concerning harbour operations shall be under the
jurisdiction of the people’s court in the place where the harbour is located.

    (3) A lawsuit concerning a registration shall be under the jurisdiction of
the people’s court in the place where the registration office is located.

    (4) A lawsuit concerning an inheritance shall be under the jurisdiction of
the people’s court in the place where the decedent had his domicile, or where
the principal part of his estate is located.

    Article 31  When two or more people’s courts have jurisdiction over a
lawsuit, the plaintiff may bring by choice his lawsuit in one of the these
people’s courts; if the plaintiff brings the lawsuit in two or more people’s
courts that have jurisdiction over the lawsuit, it shall be handled by the
people’s court that first receives the bill of complaint.

    Section 3  Referral and Designation of Jurisdiction

    Article 32  If a people’s court discovers that a case it has accepted is
not under its jurisdiction, it shall refer the case to the people’s court that
does have jurisdiction over the case; the people’s court to which a case has
been referred shall not independently refer it again to another people’s
court.

    Article 33  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 the jurisdiction.

    In the event of a jurisdictional dispute, it shall be resolved by the
disputing parties through consultation; if the disputes cannot be resolved
through consultation, it shall be reported to a people’s court superior to
both disputing parties for the designation of jurisdiction.

    Article 34  People’s courts at higher levels shall have the authority to
try civil cases over which people’s courts at lower levels have jurisdiction
as courts of first instance; they may also transfer civil cases over which
they themselves have jurisdiction as courts of first instance to people’s
courts at lower levels for trial.

    If a people’s court deems it necessary for a civil case of first instance
under its jurisdiction to be tried by a people’s court at a higher level, it
may request such a people’s court to try the case.
Chapter III  Trial Organizations

    Article 35  Civil cases of first instance shall be tried in a people’s
court by a collegial panel consisting of both judges and assessors or of
judges alone. The collegial panel must have an odd number of members.

    Simple civil cases shall be tried by a single judge alone.

    Where carrying out their duties in a people’s court, the assessors shall
have equal rights with the judges.

    Article 36  Civil cases of second instance shall be tried in a people’s
court by a collegial panel of judges. The collegial panel must have an odd
number of members.

    When retrying a case remanded by a people’s court of second instance, the
people’s court of first instance shall form a new collegial panel in
accordance with the procedures of first instance.

    If a case for retrial was originally tried at first instance, a new
collegial panel shall be formed according to the procedure of first instance;
if the case was originally tried at second instance; a new collegial panel
shall be formed according to the procedure of second instance.

    Article 37  The president of the court or the chief judge of a division
shall designate one member of the judicial personnel 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 38  When deliberating a case, a collegial panel shall observe the
principle that the minority shall defer to the majority. The deliberations
shall be recorded in writing, and the transcript shall be signed by the
members of the collegial panel. Diverging opinions in the deliberations must
be truthfully entered in the transcript.

    Article 39  The president of the court shall submit major and difficult
civil cases to the judicial committee for discussion and decision. The
collegial panel must carry out the decisions of the judicial committee.
Chapter IV  Withdrawal

    Article 40  A member of the judicial personnel must voluntarily withdraw,
and the parties to the case shall also have the right to request, orally or in
writing, that he be withdrawn, in any of the following circumstances:

    (1) if he is a party or a near relative of a party to the case;

    (2) if he has a personal interest in the case; or

    (3) if he has some other relationship with a party to the case that could
influence the impartial handling of the case.

    The above provisions shall also apply to clerks, interpreters and expert
witnesses.

    Article 41  When a party requests the withdrawal of a member of the
judicial personnel, he shall explain the reason for this request and submit
the request at the beginning of the proceedings; the request may also be
submitted before the end of court debate if the reason for the withdrawal
becomes known or occurs only after the beginning of the proceedings.

    Personnel who have been requested to withdraw shall temporarily suspend
their functions unless emergency measures are required by the case.

    Article 42  The withdrawal of a court president who serves as the
presiding judge shall be decided by the judicial committee; the withdrawal of
judicial personnel shall be decided by the court president; the withdrawal of
other personnel shall be decided by the presiding judge.

    Article 43  The decision of a people’s court on a request for withdrawal
may be made orally or in writing. If a party refuses to accept the decision,
it may apply for one reconsideration. The trial of the case shall not be
suspended during the time of reconsideration.
Chapter V  Participants in Proceedings

    Section 1  Parties

    Article 44  Any person who has the capacity for litigation rights may
become a party to a civil lawsuit.

    Enterprises, institutions, state organs and public organizations may
become parties to a civil lawsuit, and their principal leaders shall be their
legal representatives.

    Article 45  The parties shall have the right to appoint agents, request
withdrawals, provide evidence, engage in debate, request conciliation, file
an appeal and apply for execution.

    With the permission of the people’s court, the parties may consult the
materials relating to the court proceedings of the case and may request that
copies of the materials and other legal documents be made at their own
expense. However, materials involving state secrets and the private affairs
of individuals shall be exceptions.

    The parties must exercise their litigation rights in accordance with the
law, observe litigation procedures and carry out legally effective judgments,
orders and conciliation agreements.

    Article 46  The two parties may reach a compromise on their own. The
plaintiff may relinquish or modify his claim. The defendant may confirm or
repudiate the claim and shall have the right to file a counter-claim.

    Article 47  A joint lawsuit shall be constituted when one party or both
parties consist of two or more persons and the object of their lawsuits are
the same or of the same category and the people’s court considers that the
claims can be tried together.

    If the individuals constituting a party to a joint lawsuit have identical
rights and obligations with respect to the object of the lawsuit and the
procedural acts of one person is recognized by the others of his party, then
such acts shall be effective for all; if the individuals in one party do not
have identical rights and obligations with respect to the object of the
lawsuit, then the procedural acts of one person shall have no effect on the
others of his party.

    Article 48  If a third party considers that he has an independent claim
to the object disputed by the parties to a lawsuit, he shall have the right
to bring an action and become a party to the lawsuit.

    If a third party has no independent claim to the object disputed by the
parties to a lawsuit, but the outcome of the case will affect his interest
legally, he may file a request to participate in the proceedings or may
participate when so notified by the people’s court.

    Section 2  Agents ad Litem

    Article 49  Any person with no capacity to engage in litigation shall have
one or more agents ad litem to represent him in a lawsuit. The people’s court
may appoint an agent for any person who does not have an agent ad litem.

    If the agents ad litem try to shift their responsibilities onto each
other, the people’s court may appoint one of them to represent the principal
in litigation.

    Article 50  Each party, legal representative or agent ad litem may entrust
one or two persons to represent him in litigation.

    A party’s near relative, a lawyer, a person recommended by a public
organization or the unit to which a party belongs or any other citizen
approved by the people’s court may be entrusted as the party’s agent ad litem.

    Article 51  When a person entrusts 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 matter and limits of authority
entrusted. An agent ad litem must possess special authorization from his
principal to confirm, relinquish or modify the claim and to institute a
compromise or file a counterclaim or an appeal.

    A power of attorney issued by a Chinese citizen residing in a foreign
country must be certified by the Chinese embassy or consulate in that country,
if there is no Chinese embassy or consulate in that country, the power of
attorney must be certified by an overseaas Chinese organization loyal
to China.

    Article 52  A party to a lawsuit shall inform the people’s court in
writing if he changes or revokes the authority of an agent ad litem, and the
court shall notify the other party of the change or revocation.

    Article 53  A lawyer who serves as an agent ad litem may consult
materials pertaining to the case in accordance with relevant stipulations.
However, if such materials involve state secrets or the private affairs of
individuals, he must keep the confidential information from his client and
others. With the approval of the people’s court, other agents ad litem may
also consult the materials relating to the court proceedings of the case,
except those that involve state secrets or the private affairs of individuals.

    Article 54  The parties to a divorce case which has been entrusted to
agents ad litem shall appear in court in person, unless they are incapable
of presenting their own case. A party who is truly unable to appear in court
due to a special reason shall submit his or her opinion in writing to the
people’s court.
Chapter VI  Evidence

    Article 55  Evidence shall be classified as follows:

    (1) documentary evidence;

    (2) material evidence;

    (3) audio-visual reference material;

    (4) testimony of witnesses;

    (5) statements of the

PROVISIONAL REGULATIONS, ISSUED BY THE GENERAL BUREAU OF INDUSTRIAL AND COMMERCIAL ADMINISTRATION OF THE PEOPLE’S REPUBLIC OF CHINA, ON THE STANDARDS OF REGISTRATION FEES TO BE PAID BY JOINT VENTURES USING CHINESE AND FOREIGN INVESTMENT

PROVISIONS CONCERNING THE ADMINISTRATION OF FOREIGNERS TRAVELING IN CHINA

Category  TOURISM Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1982-10-09 Effective Date  1982-10-09  


Provisions Concerning the Administration of Foreigners Traveling in China



(Approved and transmitted by the State Council and the Central Military

Commission on October 9, 1982, promulgated by the Ministry of Public
Security, the Headquarters of the General Staff, the Ministry of Foreign
Affairs and the National Tourism Administration)

    In line with the spirit of safeguarding national security
and guarding state secrets while appropriately and step-by-step
relaxing restrictions for foreigners’ traveling in China, these
Provisions are formulated in order to meet the needs of China’s
open door policy and to simplify the examination and approval
procedures for foreigners traveling in various areas of China.

    1. Requirements for Open Areas:

    (1) Scenic spots or historical sites which have a tourist
value to foreigners and are worth opening, or large or medium-
sized cities with economic, cultural or scientific and
technological exchanges with foreign countries;

    (2) A stable public order and good transportation
conditions;

    (3) Reception conditions (including interpreters, tourist
guides, accommodations, vehicles and the provision of non-staple
foods, ect.); and

    (4) Those areas not in any restricted military zone.

    2. Examination and Approval Procedures for Open Areas:

    An area satisfying the requirements for open areas may
become a national open area with the consent of the people’s
government of the province, autonomous region or municipality
directly under the central government in consultation with the
relevant military area command and after review and approval by
the State Council; the closure of a city or area in the event of
a natural disaster or military operation shall be submitted by
the people’s government of the province, autonomous region or
municipality directly under the central government and the
military area command to the State Council and the Central
Military Commission for examination and approval.

    The Ministry of Public Security shall undertake the work of
examination and approval for the opening and closing of areas,
and shall collect and publish such information.

    3. Areas which may be open to foreigners are classified into
the following categories:

    (1) Category I: Neither a travel certificate nor advance
notice is required for foreigners going to areas of this
category. Twenty-eight cities and one county are now included in
this category:

    Beijing City, Tianjin City, Shanghai City, Qinhuangdao City,
Taiyuan City, Shenyang City, Changchun City, Harbin City, Nanjing
City, Suzhou City, Wuxi City, Hangzhou City, Jinan City, Qingdao
City, Zhengzhou City, Kaifeng City, Luoyang City, Wuhan City,
Changsha City, Guangzhou City, Foshan City, Zhaoqing City,
Nanning City, Guilin City, Xi’an City, Chengdu City, Chongqing
City, Kunming City and Lunan County (Stone Forest).

    (2) Category II (see the Appendix): Includes areas which
are already open, under controlled opening or are newly opened
and which are not included in Category I. A travel certificate is
still required for foreigners going to areas of this category,
and applications for certificates are generally approved.

    (3) Category III: Includes ordinarily non-open areas where
foreigners often go to make investigations, carry out scientific
and technological exchanges, on-site construction or other
official business. Relevant foreigners may be allowed to go to
these areas, provided that they shall apply for a travel
certificate. The list of areas of this category shall be examined
and approved by the various military area commands, and shall be
collected and related by the Ministry of Public Security to the
relevant departments and public security organs of the various
localities.

    (4) Category IV: Includes non-open areas other than those of
Category I, II and III. Where any foreigner needs to go to an
area of this category, the reception organization shall in
advance ask for the consent of the people’s government of the
relevant province or autonomous region and the relevant military
area command, and then apply for travel certificates to the
public security organ.

    4. Important military installations in areas of Category I or
II shall be delimited as non-open areas.

    5. Travels by personnel of diplomatic missions to China or
resident agencies of international organizations shall generally
be dealt with in accordance with these Provisions, or if
circumstances require, on the basis of reciprocity.

    6. Foreigners traveling in China shall not use their own
vehicles except traveling between Beijing and Tianjin.

    7. Reception organizations and relevant personnel shall
arrange foreigners’ activities in non-open areas in accordance
with the prescribed routes and limitations, and shall not alter
them at will.

    8. For Chinese-foreign equity joint venture projects,
Chinese-foreign contractual joint ventures or for any
Chinese-foreign joint investigations in non-open areas that
involve more than one province, autonomous region or municipality
directly under the central government, the opinion of the Ministry
of Public Security shall be sought beforehand; those involving one
military area command shall obtain the consent of the military
area command; those involving more than one military area command
shall, in addition, seek the opinion of the Headquarters of the
General Staff, and then go through the prescribed procedures for
examination and approval.

    9. Foreign Chinese visiting relatives or traveling to non-
open areas shall be dealt with in accordance with the provisions
of the Report for Instructions Regarding Lifting the Restrictions
for Travel by Overseas Chinese and Compatriots from Hong Kong and
Macao submitted by the Ministry of Public Security and approved
by the State Council and the Central Military Commission in 1980.

    10. Localities and organizations involving national security
shall do their best at security work. Those areas and locations
involving national security or precious relics under the state’s
priority protection which may not be photographed or video-taped
shall be made known to the accompanying persons and foreigners in
advance.

    11. These Provisions shall go into effect on the date of
approval. In case of discrepancy between any existing relevant
provisions and these Provisions, the latter shall be regarded as
authoritative.

    Appendix:  Areas of Category II


——————————————————————————
Areas Already Open           |  Areas Newly Opened |   Open
Areas Determined
or under Controlled Opening  |                    
|   by Provinces and

                            
|                     |  
Autonomous Regions
—————————–|———————|————————–
Hebei: Shijiazhuang City     |                    
| Pingshan County (Xibaipo,

       Chengde City          |                    
| Gangnan Reservoir)

       Zhuoxian County       |                    
| Zhaoxian County

       Zunhua County         |                    
| (Zhaozhou Bridge)

       (Dongling)            |                    
| Zunhua County (Shashiyu)

                            
|                     |
Shanxi: Datong City          |                    
|

                            
|                     |
Inner Monloglia: Baotou City |                    
|

                 Hohhot City |                    
|

                            
|                     |
Liaoning: Dalian City        | Jinzhou City        |

          Anshan City        | Dandong City        |

          Fushun City        | Liaoyang
City       |

                            
| Yingkou City        |

                            
| Benxi City          |

                            
|                     |
Jilin: Jilin City            | Antu County        
|

                            
|(Changbaishan Nature |

                            
| Reserve)            |

                            
|                     |
Heilongjiang: Daqing City    | Qiqiha’er City      |

                            
| Mudanjiang City     |

                            
| Jiamusi City        |

                            
| Yichun City         |

                            
|                     |
Jiangsu: Xuzhou City         |                    
|

         Yangzhou City       |                    
|

         Changzhou City      |                    
|

         Zhenjiang City      |                    
|

         Lianyungang City    |                    
|

         Huai’an County      |                    
|

         Yixing County       |                    
|

                            
|                     |
Zhejiang: Shaoxing City      |                    
|

          Ningbo City        |                    
|

          Wenzhou City       |                    
|

          Deqing County      |                    
|

          (Mt. Moganshan)    |                    
|

                            
|                     |
Anhui: Hefei City            | Bengbu City        
|

       Wuhu City             | Tunxi City          |

       Ma’anshan City        |                    
|

       Qingyang County       |                    
|

       (Mt. Jiuhuashan)      |                    
|

       Huangshan Tourist     |                    
|

       Zone                  |                    
|

                            
|                     |
Fujian: Fuzhou City          |                    
| Wuyishan Tourist Zone

        Quanzhou City        |                    
|

        Zhangzhou City       |                    
|

        Xiamen City          |                    
|

                            
|                     |
Jiangxi: Nanchang City       | Pengze County       |

         Jingdezhen City     | (Longgong Caves)    |

         Jiujiang City       |                    
|

         (including          |                    
|

         Mt. Lushan)         |                    
|

         Jinggangshan County |                    
|

                            
|                     |
Shandong: Yantai City        |                    
|

          Zibo City          |                    
|

          Tai’an City        |                    
|

          Qufu County        |                    
|

          Kenli County       |                    
|

         (Shengli Oil Field) |                    
|

                            
|                     |
Henan: Anyang City           |                    
| Sanmenxia City

       Xinxiang City         |                    
| Xinxiang County

       Linxian County        |                    
| Huixian County

       Gongxian County       |                    
| Yuxian County

       Xinyang City          |                    
|

       (Mt. Jigongshan)      |                    
|

                            
|                     |
Hubei: Shashi City           | Yichang City        |

       Xiangfan City         | Jiangling County    |

       Xianning City         |                    
|

       Junxian County        |                    
|

       (Danjiang River)      |                    
|

                            
|                     |
Hunan: Yueyang City          | Hengshan County     |

       Hengyang City         | (Hengshan Tourist  
|

       Xiangtan City         | Zone)              
|

       Xiangtan County       |                    
|

       (Shaoshan)            |                    
|

                            
|                     |
Guangdong:                   | Shenzhen
City       | Qingyuan County

                            
| Zhuhai City         | Xinhui County

                            
| Jiangmen City       |

                            
| Haikou City         |

                            
| Nanhai County       |

                            
| Zhongshan County    |

                            
|  Shunde County      |

                            
|                     |
Guangxi: Liuzhou City        |  Wuzhou City        |
the urban district of          Wuming County       |  Xing’an
County     | Beihai City

         Binyang County      |                    
| Lingchuan County

         Guiping County      |                    
| (Qingshitan Reservoir)

                            
|                     | Yongning
County

                            
|                     |(Wukuang
People’s Commune)

                            
|                     |
Sichuan: Leshan City         |  Xindu Count

CONSTITUTION OF THE PEOPLE’S REPUBLIC OF CHINA 1982

CIVIL PROCEDURE LAW OF THE PEOPLE’S REPUBLIC OF CHINA

DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS APPROVING THE OPENING OF PORT NANTONG AND PORT ZHANGJIA ON THE YANGTZE RIVER TO VESSELS OF FOREIGN NATIONALITIES

Category  COMMUNICATIONS AND TRANSPORT Organ of Promulgation  The Standing Committee of the National People’s Congress Status of Effect  In Force
Date of Promulgation  1982-11-19 Effective Date  1982-11-19  


Decision of the Standing Committee of the National People’s Congress Approving the Opening of Port Nantong and Port Zhangjia on the
Yangtze River to Vessels of Foreign Nationalities

(Adopted on November 19, 1982)

    Having considered the proposal submitted for approval by the State
Council on the opening of Port Nantong and Port Zhangjia on the Yangtze
River to vessels of foreign nationalities, the 25th Meeting of the Standing
Committee of the Fifth National People’s Congress hereby decides to approve
the opening of Port Nantong and Port Zhangjia on the Yangtze River to
vessels of foreign nationalities.





1234Page 1 of 4

CONSTITUTION ACT, 1982 – page 22

NOTES (1) The enacting clause was repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.). It read as...

CONSTITUTION ACT, 1982 – page 21

CONSTITUTION ACT, 1982 – page 20

CONSTITUTION ACT, 1982 – page 19

CONSTITUTION ACT, 1982 – page 18

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