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

    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.

    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.

    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 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.

    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 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