(Adopted by the fourth session of the seventh National People’s Congress on 9th April 1991) Part One General Principles Chapter I. Tasks, Scope of Application and Basic Principles Article 1. The Law of Civil Procedure of the PRC takes the Constitution as its basis. It is enacted in the light of China’s experience in handling Article 2. The tasks of the Law of Civil Procedure of the PRC are to protect the party from a lawsuit in exercising its litigant rights and Article 3. Provisions of the Law apply to civil lawsuits between citizens, between legal persons and between other organizations, as well as Article 4. Civil proceedings within the territory of the PRC shall abide by this Law. Article 5. In filing a lawsuit and responding to a lawsuit in the People’s Court, foreigners, people without nationality, foreign enterprises Should the court of a foreign country restrict the civil litigant rights of the citizens, legal persons and other organizations of Article 6. The judicial authority over civil cases is exercised by the People’s Court. In civil proceedings, the People’s Court administers justice independently according to law, subject to no interference by administrative Article 7. In civil proceedings, the People’s Court shall base itself on facts and take the law as the criterion. Article 8. In civil proceedings, the litigants shall have equal litigant rights. In handling a civil case, the People’s Court shall ensure and Article 9. In civil proceedings, the People’s Court shall promote mediation in accordance with the principle of voluntariness and legitimacy; Article 10. In civil proceedings, the People’s Court practices the system of collegiate bench, withdrawal and public trial, and the system of Article 11. Citizens of all nationalities have the right to use their own languages, spoken or written, in civil proceedings. In districts compactly inhabited by a minority nationality or by a number of nationalities, the People’s Court shall hear cases and The People’s Court shall provide interpretation for a litigant participant unacquainted with the spoken or written language commonly Article 12. When the People’s Court is hearing a civil case, the litigant has the right of debate. Article 13. Litigants have the right of disposing of their own civil rights and litigant rights within the limits prescribed by law. Article 14. The People’s Procuratorate has the right of legal supervision over the trials of civil cases. Article 15. Organs, social organizations, enterprises and institutions may support the injured units or individuals to file a suit with the People’s Article 16. The People’s Mediation Committee is a mass organization that mediates civil disputes under the guidance of the ground-level people’s The People’s Mediation Committee conducts mediation according to the law and the principle of voluntariness. Litigants shall honor The People’s Court shall correct any violations of law committed by the People’s Mediation Committee during mediation. Article 17. The People’s Congress of ethnic autonomous regions may draft flexible or supplementary provisions in accordance with the principles
Chapter II. Jurisdiction Section One: Differentiated Jurisdiction Article 18. Unless otherwise stipulated in this Law, the ground-level people’s court is competent to rule on the first instance of civil cases. Article 19. The intermediate people’s court is competent to rule on the first instance of the following cases (1) Major cases involving foreigners; (2) Cases of great impact within its jurisdiction; (3) Cases determined by the Supreme People’s Court as coming under its jurisdiction. Article 20. The Higher People’s Court is competent to rule on the first instance of civil cases having great impact within its jurisdiction. Article 21. The Supreme People’s Court is competent to rule on the first instance of the following civil cases (1) Cases having great impact nationwide; (2) Cases it deems necessary to try. Section Two: Regional Jurisdiction Article 22. A civil suit against a citizen comes under the jurisdiction of the people’s court at the place where the defendant is domiciled; A civil suit against an institution or any other organization comes under the jurisdiction of the people’s court at the place where When the domiciles and regular abodes of several defendants in the same civil suit come under the jurisdiction of two or more people’s Article 23. The following civil suits come under the jurisdiction of the people’s court at the place where the plaintiff is domiciled; where (1) Actions concerning the identity of persons who do not reside within the domain of the PRC; (2) Actions concerning the identity of persons whose whereabouts are unknown or who have been declared missing; (3) Actions against persons undergoing re-education through labor; (4) Actions against persons in prison. Article 24. Actions arising from disputes over contracts come under the jurisdiction of the people’s court at the place of their signing or the Article 25. The two parties to a contract may specify in writing, the jurisdiction of the people’s court of their choice with regard to the defendant’s Article 26. Actions arising from disputes over insurance contracts come under the jurisdiction of the people’s court at the place of the defendant’s Article 27. Actions arising from disputes over negotiable instruments come under the jurisdiction of the people’s court at the place where the Article 28. Actions arising from disputes over contracts concerning rail, road, water, air or through transportation come under the jurisdiction Article 29. Actions against acts of encroachment come under the jurisdiction of the people’s court at the place where such acts are committed Articles 30. Actions claiming compensation for damage arising from rail, road, water and air accidents come under the jurisdiction Article 31. Actions claiming compensation for damage from ship collisions or other maritime accidents come under the jurisdiction of the people’s Article 32. Actions claiming salvage money come under the jurisdiction of the people’s court at the place of the salvage or at the port where Article 33. Actions claiming common sea damage come under the jurisdiction of the people’s court at the port where the ship first arrived, or Article 34. The following cases come under the special jurisdiction of the people’s court provided for by this article: (1) Actions started on account of disputes over immovable property come under the jurisdiction of the people’s court at the place (2) Actions started on account of disputes arising from harbor operations come under the jurisdiction of the people’s court at the (3) Actions started on account of disputes over inheriting property come under the jurisdiction of the people’s court at the place Article 35. Where an action comes under the jurisdiction of two or more people’s courts, the plaintiff may file a suit at any of them; where Section Three: Transferred Jurisdiction and Designated Jurisdiction Article 36. When a people’s court becomes aware that the case it is handling does not come under its jurisdiction, it shall transfer the case Article 37. Where the competent people’s court is unable to perform its right of jurisdiction on special accounts. Where the right of jurisdiction is in dispute between people’s courts, it shall be resolved through consultation by the two parties Article 38. Where a party has an objection to the right of jurisdiction after the case is accepted by the people’s court, the party shall raise Article 39. A superior people’s court has the right to conduct as the first instance the trial of a civil case which is under the jurisdiction Where an inferior people’s court considers that a civil case of first instance under its jurisdiction should be tried by a superior
Chapter III. Trial Group Article 40. In civil cases of first instance in the people’s court, justice is administered by a collegiate bench made up of either judges and In civil cases where simple procedures are applicable, justice is administered by one judge independently. Assessors during the exercise of their functions have equal rights and obligations with the judges. Article 41. In civil cases of second instance in the people’s court, justice is administered by a collegiate bench made up of judges. Members A case originally of first instance shall be tried de novo by a newly organized collegiate bench in accordance with the procedure Article 42. The presiding judge of the collegiate bench shall be appointed by the president of the court or by a chief judge from among the judges; Article 43. The principle of the minority being subordinate to the majority is followed in the deliberation of the collegiate bench. The minutes Article 44. Judges shall handle cases impartially and in accordance with the law. Judges may not accept dinner invitations or gifts from the litigants or their legal representatives. The legal liability of judges, who take bribes, practice favouritism, engage in fraudulent practices and bend the law in administering
Chapter IV. Withdrawal Article 45. In any of the following circumstances, a judge must withdraw from the exercise of his functions, and a litigant is enpost_titled to challenge (1) Where he is a litigant in the case or a close relative of a litigant or his legal representative; (2) Where he has an interest in the case; (3) Where he has other relations with a litigant, which may affect fairness in the administration of justice. The provisions of the preceding paragraph are applicable to recording clerks, interpreters, expert witnesses and inspectors. Article 46. In challenging, a litigant shall submit the reasons at the beginning of the hearing; where the cause of the withdrawal is learned Except for emergency measures required by the case, the person who is thus challenged shall temporarily stop exercising his functions Article 47. The withdrawal of a court president who serves as the presiding judge shall be decided by a judicial committee, while that of a judge Article 48. A people’s court shall make a verbal or written decision on a litigant’s application for withdrawal within three days of filing the
Chapter V. Litigant Participants Section One: Litigants Article 49. Citizens, legal persons and other organizations may act as litigants in civil proceedings. A legal person shall be represented by his legal representative in the proceedings, while other organizations shall be represented Article 50. A litigant has the right to entrust his representative with applying for withdrawal, collecting and presenting evidence, taking part A litigant may inspect materials pertaining to the case, and copy such materials and legal documents. The extent to which materials A litigant must exercise his rights in accordance with the law, observe procedural order, and implement any legally binding verdict, Article 51. Litigants of the two parties may reconcile of their own accord. Article 52. The plaintiff may abandon or alter his request for litigation. The defendant may admit or retort the request, and has the right to Article 53. A joinder is a case in which the litigants of one or both parties involve two or more people with common litigant objects or objects Where the litigants of one party in a joinder have common rights and obligations regarding the litigant objects, the litigant acts Article 54. The litigants of one party involving many people in a joinder may name a representative to handle the litigation. The representative’s Article 55. Where a case exists in which the litigants are two or more in number with litigant objectives of the same type, but the exact number The registered litigants may elect a representative; if they are unable to elect a representative, the court shall choose a representative The litigation acts of the representative are binding on the litigants he represents. When the representative acts to alter or abandon The judgment or ruling of the people’s court is binding on all the registered individuals who have the right to join; it is also binding Article 56. A third party who deems himself enpost_titled to an independent request with regard to the litigant objectives of both parties has the Where a third party is not enpost_titled to an independent request as regards the litigant objectives in dispute, but is legally interested party who is ordered to accept civil responsibility by the people’s court has the rights and obligations of a litigant. Section Two: Litigant Representatives Article 57. Where the litigant is incapable of litigant action, he may be represented by his legal representative; where he has no legal representatives, Article 58. Litigants or legal representatives may entrust one or two persons to represent them in the action. Lawyers, close relatives of the litigants, persons recommended by social organizations or the units where the litigants work, or other Article 59. Where a representative is entrusted in the action, a letter of attorney signed or sealed by the party that entrusted the representative The letter of attorney must list the items of trust and the limit of powers. Where the litigant representative acts to recognize, The letter of attorney from a Chinese citizen residing abroad must be certified by the Chinese embassy or consulate in the said country. Article 60. Where the power of a litigant representative is changed or removed, the litigant shall inform the people’s court in writing, and Article 61. Lawyers acting as litigant representatives or other representatives of the litigant have the rights to investigate, collect evidence Article 62. The parties involved in divorce cases shall appear before the court, except those incapable of expressing themselves, even though
Chapter VI. Evidence Article 63. Evidence falls into the following categories (1) Documentary evidence; (2) Material evidence; (3) Video and audio material; (4) Testimony of witnesses; (5) Statement by litigants; (6) Conclusion of expert corroborations; (7) Records of inspection. T SIZE=”-1″>None of the aforementioned evidence shall serve as the basis of establishment of facts before it has been ascertained Article 64. Litigants are obliged to present evidence for their assertions. The people’s court shall investigate and collect evidence which litigants and their representatives cannot collect because of objective The people’s court shall, in accordance with the legal procedure, examine and verify the evidence fully and objectively. Article 65. The people’s court has the right to acquire evidence from the relevant units and individuals, and they shall not refuse it. The people’s court shall examine the documents provided as evidence by relevant units and individuals, distinguish the true from the Article 66. The evidence shall be displayed and cross-examined by the litigants at the court. Evidence involving state secrets, commercial secrets Article 67. The people’s court shall acknowledge the validity of legal acts, legal facts and documents that have been notarized through legal Article 68. Originals shall be presented as documentary or material evidence. Where there is indeed difficulty in presenting the originals, reproductions, Documentary evidence in foreign languages must be accompanied by a Chinese translation. Article 69. The people’s court shall distinguish the true from the false video and audio material, and, in conjunction with other evidence, determine Article 70. Whoever knows something about the case in question has the obligation to testify at the hearing. Leaders of the relevant units shall Those who are unable to express themselves accurately are unqualified to act as witnesses. Article 71. The people’s court shall examine the statement of a litigant in the light of the other evidence in the case and determine whether Where a litigant refuses to make a statement, it shall not affect the establishment of facts in the case by the people’s court on Article 72. When the people’s court needs to corroborate special problems, it shall refer them to a legal corroboratory department; where there The corroboratory department and its designated expert witness have the right to acquaint themselves with the files of the case requiring The corroboratory department and the expert witness shall submit a written conclusion of corroboration and sign or seal the corroboration Article 73. In inspecting material evidence or the scene, the inspector must produce the document of the people’s court and invite the local The relevant units and individuals, in accordance with the notice of the people’s court, have the obligation to protect the scene The inspector shall prepare a written record of the inspection and its results, which shall be signed or sealed by the inspector, Article 74. If the evidence should possibly be destroyed or lost, or if it would be difficult to obtain afterwards, the litigant participant
Chapter VII. Period and Service Section I: Period Article 75. The period includes the legal period and the period designated by the people’s court. The period is computed in hours, days, months and years. The hour and the day from which the period begins are not included therein. When the final day of the period falls on a holiday, the first day after the holiday shall be the date of the expiration of the period. The period does not include the time of travel. Litigant documents which have been collected by the post office prior to the expiration Article 76. Where the time limit has been exceeded owing to force majeure or other legitimate grounds, the litigant may, within 10 days after Section II: Service Article 77. The service of litigant documents must be accompanied by a certificate of delivery upon which the addressee shall mark the date of The delivery date marked by the addressee on the certificate of delivery is the date of service. Article 78. Litigant documents shall be delivered directly to the addressee in person. When the addressee is a citizen and is absent, the documents
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