Civil Procedure Law of the People's Republic of China

general provisions

Chapter I Tasks, Scope of Application and Basic Principles

Article 1 The Civil Procedure Law of the People's Republic of China is formulated on the basis of the Constitution and in the light of the experience and actual conditions of China's civil trial work.

Article 2 The task of the Civil Procedure Law of the People's Republic of China is to protect the parties' exercise of their litigation rights, ensure that the people's courts find out the facts, distinguish right from wrong, apply the law correctly, try civil cases in a timely manner, confirm the relationship between civil rights and obligations, sanction civil violations, protect the legitimate rights and interests of the parties, educate citizens to consciously abide by the law, maintain social order Economic order will ensure the smooth progress of socialist construction.

Article 3 The provisions of this Law shall apply to the acceptance by the people's courts of civil actions brought between citizens, legal persons, other organizations and between them for property and personal relations.

Article 4 All civil proceedings conducted within the territory of the People's Republic of China must abide by this Law.

Article 5 Foreigners, stateless persons, foreign enterprises and organizations shall have the same litigation rights and obligations as citizens, legal persons and other organizations of the People's Republic of China in bringing or responding to lawsuits in the people's courts.

Where a foreign court restricts the civil litigation rights of citizens, legal persons and other organizations of the People's Republic of China, the people's court of the People's Republic of China shall apply the principle of reciprocity to the civil litigation rights of citizens, enterprises and organizations of that country.

Article 6 The judicial power of civil cases shall be exercised by the people's courts.

The people's courts try civil cases independently in accordance with the law, and are not subject to interference by administrative organs, social organizations or individuals.

Article 7 In trying civil cases, the people's courts must base themselves on facts and take the law as the criterion.

Article 8 Parties to civil proceedings shall have equal litigation rights. When trying civil cases, the people's courts shall guarantee and facilitate the parties to exercise their litigation rights, and apply the law equally to the parties.

Article 9 In trying civil cases, the people's courts shall conduct mediation on the principle of voluntariness and legality; If mediation fails, a judgment shall be made in a timely manner.

Article 10 In trying civil cases, the people's courts shall, in accordance with the provisions of the law, implement the systems of collegial panel, withdrawal, public trial and the second instance being final.

Article 11 Citizens of all nationalities have the right to use their own spoken and written languages in civil proceedings.

In areas where ethnic minorities live in concentrated communities or where multiple ethnic groups live together, the people's courts shall hear and issue legal documents in the languages and written languages commonly used by the local ethnic groups.

The people's court shall provide translation for participants in the proceedings who are not familiar with the language or written language commonly used by the local nationalities.

Article 12 When the people's courts try civil cases, the parties have the right to debate.

Article 13 The principle of good faith shall be observed in civil proceedings.

The parties have the right to dispose of their civil rights and litigation rights within the scope prescribed by law.

Article 14 The People's Procuratorates shall have the right to exercise legal supervision over civil proceedings.

Article 15 State organs, social organizations, enterprises and institutions may support the damaged units or individuals to bring a suit in the people's court against acts that damage the civil rights and interests of the state, a collective or individuals.

Article 16 With the consent of the parties, civil litigation activities can be conducted online through the information network platform.

Civil litigation activities conducted online through the information network platform have the same legal effect as offline litigation activities.

Article 17 The people's congresses of national autonomous areas may, in accordance with the Constitution and the principles of this Law, and in the light of the specific conditions of the local nationalities, formulate adaptive or supplementary provisions. The regulations of autonomous regions shall be submitted to the Standing Committee of the National People's Congress for approval. The regulations of autonomous prefectures and autonomous counties shall be submitted to the standing committee of the people's congress of the province or autonomous region for approval and to the standing committee of the National People's Congress for the record.

Chapter II Jurisdiction

Section I Jurisdiction by Level

Article 18 The basic people's courts shall have jurisdiction as courts of first instance over civil cases, except as otherwise provided for in this Law.

Article 19 The intermediate people's courts shall have jurisdiction as courts of first instance over the following civil cases:

（1） Major foreign-related cases;

（2） Cases with significant influence in their own jurisdictions;

（3） Cases determined by the Supreme People's Court to be under the jurisdiction of intermediate people's courts.

Article 20 The Higher People's Courts shall have jurisdiction as courts of first instance over civil cases that have significant impact in their respective jurisdictions.

Article 21 The Supreme People's Court shall have jurisdiction as a court of first instance over the following civil cases:

（1） Cases that have significant influence in the whole country;

（2） Cases that should be heard by the Court.

Section 2 Territorial jurisdiction

Article 22 A civil action brought against a citizen 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 habitual residence, it shall be under the jurisdiction of the people's court in the place of his habitual residence.

A civil action brought against a legal person or other organization shall be under the jurisdiction of the people's court in the place where the defendant has his domicile.

If several defendants in the same lawsuit have their domiciles or habitual residences under the jurisdiction of two or more people's courts, each of those people's courts has jurisdiction.

Article 23 The following civil actions shall be under the jurisdiction of the people's court in the place where the plaintiff has his domicile; If the plaintiff's domicile is inconsistent with his habitual residence, the people's court of the plaintiff's habitual residence shall have jurisdiction:

（1） Litigations concerning identity relations brought against persons who do not reside in the territory of the People's Republic of China;

（2） Litigations concerning the identity of persons whose whereabouts are unknown or who have been declared missing;

（3） Litigation against the person who has taken compulsory educational measures;

（4） A lawsuit brought against a person who is imprisoned.

Article 24 A lawsuit brought on a contract dispute shall be under the jurisdiction of the people's court of the place where the defendant has his domicile or where the contract is performed.

Article 25 A lawsuit brought on an insurance contract dispute shall be under the jurisdiction of the people's court of the place where the defendant has his domicile or where the subject matter of the insurance is located.

Article 26 A lawsuit brought on a dispute over a negotiable instrument shall be under the jurisdiction of the people's court of the place where the instrument is paid or where the defendant has his domicile.

Article 27 A lawsuit brought on the establishment, confirmation of shareholder qualification, profit distribution, dissolution and other disputes of a company shall be under the jurisdiction of the people's court in the place where the company is located.

Article 28 A lawsuit brought on a dispute over a railway, highway, water, air transport or combined transport contract shall be under the jurisdiction of the people's court at the place of origin and destination of the transport or at the place where the defendant has his domicile.

Article 29 A lawsuit brought for a tort shall be under the jurisdiction of the people's court of the place where the tort is committed or where the defendant has his domicile.

Article 30 A lawsuit brought for damages in a railway, highway, water or air accident shall be under the jurisdiction of the people's court of the place where the accident occurred or where vehicles or ships first arrived, where aircraft first landed, or where the defendant has his domicile.

Article 31 A lawsuit brought to claim damages due to a collision of ships or other maritime accidents shall be under the jurisdiction of the people's court of the place where the collision occurred, the place where the collision ship first arrived, the place where the injuring ship was detained, or the place where the defendant has his domicile.

Article 32 A lawsuit brought for the expenses of salvage at sea shall be under the jurisdiction of the people's court of the place where the salvage took place or where the salved ship first arrived.

Article 33 A lawsuit brought on general average shall be under the jurisdiction of the people's court of the place where the ship first arrived, where the general average was adjusted or where the voyage ended.

Article 34 The following cases shall be under the exclusive jurisdiction of the people's courts specified in this article:

（1） A lawsuit brought on a real estate dispute shall be under the jurisdiction of the people's court in the place where the real estate is located;

（2） A lawsuit brought on a dispute arising from port operations shall be under the jurisdiction of the people's court in the place where the port is located;

（3） A lawsuit brought on a dispute over inheritance shall be under the jurisdiction of the people's court of the place where the decedent has his domicile at the time of death or where the main estate is located.

Article 35 The parties to a dispute over a contract or other property rights and interests may, by written agreement, choose the people's court of the place where the defendant has his domicile, where the contract is performed, where the contract is signed, where the plaintiff has his domicile, where the subject matter is located and other places that have practical connection with the dispute for jurisdiction, provided that the provisions of this Law on hierarchical jurisdiction and exclusive jurisdiction shall not be violated.

Article 36 If two or more people's courts have jurisdiction over a lawsuit, the plaintiff may bring a lawsuit in one of them; If the plaintiff brings a suit in two or more people's courts with jurisdiction, the people's court that first filed the case shall have jurisdiction.

Section 3 Transfer of Jurisdiction and Designated Jurisdiction

Article 37 If a people's court finds that a case it has accepted is not under its jurisdiction, it shall transfer it to the people's court that has jurisdiction, and the people's court that has been transferred shall accept it. If the people's court to which the case has been transferred considers that the case to which it has been transferred does not fall under its jurisdiction according to regulations, it shall report to the people's court at a higher level for designation of jurisdiction, and shall not transfer the case on its own.

Article 38 If the people's court with jurisdiction is unable to exercise jurisdiction due to special reasons, the people's court at a higher level shall designate jurisdiction.

If a dispute arises between people's courts over jurisdiction, it shall be settled by both parties to the dispute through consultation; If no settlement can be reached through consultation, it shall be reported to their common superior people's court for designation of jurisdiction.

Article 39 People's courts at higher levels shall have the power to try civil cases under the jurisdiction of people's courts at lower levels as cases of first instance; If it is really necessary to transfer a civil case of first instance under its jurisdiction to a people's court at a lower level for trial, it shall be reported to the people's court at a higher level for approval.

If a people's court at a lower level 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 report to the people's court at a higher level for trial.

Chapter III Trial Organization

Article 40 The people's court of first instance shall try civil cases by a collegial panel composed of judges and assessors or by judges. The number of members of the collegial panel must be an odd number.

Civil cases to which summary procedure is applicable shall be tried by a single judge alone. A civil case of first instance in which the basic facts are clear and the rights and obligations are clear in the trial of the basic people's court may be tried by a single judge using the ordinary procedure alone.

When performing their duties as jurors, jurors have the same rights and obligations as judges.

Article 41 The people's court of second instance shall try civil cases by a collegial panel of judges. The number of members of the collegial panel must be an odd number.

With the consent of both parties, an intermediate people's court may try a civil case of second instance that is concluded through summary procedure in the first instance or appealed against a ruling. If the facts are clear and the relationship between rights and obligations is clear, the case may be tried by a single judge alone.

For a case remanded for retrial, the people's court that originally tried the case shall form a new collegial panel in accordance with the procedure of first instance.

If a retrial case 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 brought up for trial by a people's court at a higher level, a new collegial panel shall be formed in accordance with the procedure of second instance.

Article 42 The following civil cases in the people's courts shall not be tried by a single judge alone:

（1） Cases involving national interests and social public interests;

（2） Cases involving group disputes that may affect social stability;

（3） Cases that are widely concerned by the people or have great social impact;

（4） Cases of new types or complicated difficulties;

（5） Cases that shall be tried by a collegial panel as required by law;

（6） Other cases that should not be tried by one judge alone.

Article 43 If, in the course of trying a case, the people's court finds that it is inappropriate for a single judge to try the case alone, it shall order that the case be transferred to a collegial panel for trial.

If a party considers that the trial of a case by a single judge violates the provisions of law, he may raise an objection to the people's court. The people's court shall review the objection raised by the parties, and if the objection is tenable, make a ruling to transfer it to the collegial panel for trial; If the objection is not tenable, it shall be rejected by a ruling.

Article 44 The presiding judge of the collegial panel shall be a judge designated by the president of the court or the chief judge of the division; If the president or chief judge of a division participates in the trial, he or she shall serve as the president or chief judge of the division.

Article 45 When deliberating cases, the collegial panel shall follow the principle of minority subordination to majority. A written record of the deliberations shall be made and signed by the members of the collegial panel. The dissenting opinions in the review must be truthfully recorded in the transcript.

Article 46 Judges shall handle cases impartially according to law.

Judges shall not accept invitations and gifts from the parties and their agents ad litem.

If a judge commits embezzlement, accepts bribes, engages in malpractices for personal gain, or perverts the law in adjudicating, he shall be investigated for legal responsibility; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter IV Withdrawal

Article 47 A judicial officer shall withdraw himself under any of the following circumstances, and the parties shall have the right to apply orally or in writing for their withdrawal:

（1） Is a party to the case or a close relative of a party or agent ad litem;

（2） Having an interest in the case;

（3） Having other relationships with the parties to the case and the agents ad litem, which may affect the fair trial of the case.

If a judge accepts a party or agent ad litem as a guest or gift, or meets a party or agent ad litem in violation of regulations, the party has the right to demand that they withdraw.

If a judge commits any of the acts specified in the preceding paragraph, he shall be investigated for legal responsibility according to law.

The provisions of the preceding three paragraphs shall apply to clerks, interpreters, expert witnesses and inspectors.

Article 48 When a party applies for withdrawal, it shall state the reasons and submit the application at the beginning of the trial of the case; If the reasons for withdrawal are known after the trial of the case begins, they may also be raised before the end of the court debate.

The person who has been applied for withdrawal shall suspend his participation in the case before the people's court makes a decision on whether or not to withdraw, except where the case requires emergency measures.

Article 49 The withdrawal of the president of the court as the presiding judge or as a sole judge shall be decided by the judicial committee; The withdrawal of a judge shall be decided by the president of the court; The withdrawal of other persons shall be decided by the presiding judge or the sole judge.

Article 50 The people's court shall make a decision orally or in writing on the application for withdrawal made by the party concerned within three days after the application is made. If the applicant is not satisfied with the decision, he may apply for reconsideration once upon receiving the decision. During the period of reconsideration, the person who has been applied for withdrawal shall not stop participating in the work of the case. The people's court shall make a reconsideration decision on the application for reconsideration within three days and notify the applicant for reconsideration.

Chapter V Participants in Litigation

Section 1 Parties

Article 51 Citizens, legal persons and other organizations may be parties to civil proceedings.

Legal persons shall be represented by their legal representatives in litigation. Other organizations shall be litigated by their main principals.

Article 52 A party shall have the right to entrust an agent to apply for withdrawal, collect and provide evidence, debate, request mediation, file an appeal and apply for enforcement.

The parties concerned may consult the relevant materials of the case and copy the relevant materials and legal documents of the case. The scope and measures for consulting and copying materials related to the case shall be stipulated by the Supreme People's Court.

The parties must exercise their litigation rights according to law, observe the litigation order, and perform legally effective judgments, rulings, and mediation statements.

Article 53 Both parties may reach a settlement on their own.

Article 54 The plaintiff may abandon or change his claim. The defendant may admit or rebut the claim and has the right to file a counterclaim.

Article 55 A joint action refers to a case where one or both of the parties are two or more persons, and the object of action is common, or the object of action is the same kind, and the people's court considers that the cases can be tried together with the consent of the parties.

If a party to a joint action has common rights and obligations with respect to the subject matter of the action, the action of one of the parties is recognized by the other party, and shall be effective for the other party; If there are no common rights and obligations with respect to the object of action, the action of one of them shall not be effective with respect to the other joint litigants.

Article 56 In a joint action with a large number of parties, the parties may elect representatives to conduct the action. The litigation act of the representative shall be effective for the party he represents, but the representative must obtain the consent of the party he represents if he changes or waives the claim or admits the claim of the other party, or if he conciliates.

Article 57 If the object of action is of the same kind and there are a large number of parties on one side, but the number has not yet been determined at the time of bringing a lawsuit, the people's court may issue a public announcement to explain the case and the claims, and notify the right holders to register with the people's court within a certain period of time.

The obligees who have registered with the people's court may elect representatives to conduct litigation; If no representative can be elected, the people's court may consult with the registered obligees on the representative.

The litigation act of the representative shall be effective for the party he represents, but the representative must obtain the consent of the party he represents if he changes or waives the claim or admits the claim of the other party, or if he conciliates.

The judgments and rulings made by the people's courts shall be effective for all the obligees participating in the registration. If an obligee who has not participated in the registration files a lawsuit during the limitation period, the judgment or order shall apply.

Article 58 With respect to acts that damage social and public interests, such as environmental pollution and infringement of the legitimate rights and interests of many consumers, the organs and relevant organizations prescribed by law may bring a lawsuit in the people's court.

If the People's Procuratorate finds that in performing its duties, it damages the ecological environment and resource protection, infringes on the legitimate rights and interests of many consumers in the field of food and drug safety and other acts that damage social and public interests, it may bring a lawsuit to the People's Court if there is no organ or organization specified in the preceding paragraph or if the organ or organization specified in the preceding paragraph does not bring a lawsuit. If an organ or organization mentioned in the preceding paragraph brings a lawsuit, the People's Procuratorate may support the prosecution.

Article 59 If a third party considers that it has an independent claim to the object of action of both parties, it shall have the right to bring an action.

If a third person has no independent right of claim for the object of action of both parties, but the outcome of the case has a legal interest in him, he may apply to participate in the proceedings, or the people's court may notify him to participate in the proceedings. A third person who is judged by a people's court to bear civil liability shall have the litigation rights and obligations of a party.

If a third person as mentioned in the preceding two paragraphs fails to participate in the proceedings for reasons not attributable to himself, but there is evidence to prove that some or all of the contents of a legally effective judgment, ruling or mediation statement are wrong, which damages his civil rights and interests, he may, within six months from the date when he knows or should know that his civil rights and interests are damaged, make the judgment, ruling The people's court of the mediation statement brings a lawsuit. The people's court shall change or revoke the original judgment, ruling or mediation statement if the claim is established after trial; If the claim is unfounded, the claim shall be rejected.

Section 2 Agents ad litem

Article 60 A person without litigation capacity shall have his guardian as his legal representative in litigation. If the legal representatives shift their responsibilities to each other, the people's court shall appoint one of them to act on their behalf in litigation.

Article 61 The parties and legal representatives may entrust one or two persons as agents ad litem.

The following persons may be entrusted as agents ad litem:

（1） Lawyers, grass-roots legal service workers;

（2） Close relatives or staff members of the parties;

（3） Citizens recommended by the communities, units and relevant social organizations of the parties concerned.

Article 62 When entrusting another person to act on his behalf in litigation, he must submit to the people's court a power of attorney signed or sealed by the entrusting person.

The power of attorney must specify the entrusted items and authority. The agent ad litem must have the special authorization of the client to admit, abandon or change the claim, settle the dispute, file a counterclaim or appeal on behalf of the client.

The power of attorney mailed or entrusted by citizens of the People's Republic of China residing abroad must be certified by the embassy or consulate of the People's Republic of China in that country; If there is no embassy or consulate, it shall be certified by the embassy or consulate of a third country stationed in that country that has diplomatic relations with the People's Republic of China, and then transferred to the embassy or consulate of the People's Republic of China stationed in that third country for certification, or by the local patriotic overseas Chinese organization.

Article 63 If the authority of an agent ad litem is changed or revoked, the parties shall notify the people's court in writing, and the people's court shall notify the other party.

Article 64 Lawyers and other agents ad litem acting as agents ad litem shall have the right to investigate and collect evidence and may consult relevant materials of the case. The scope and measures for consulting materials related to the case shall be stipulated by the Supreme People's Court.

Article 65 If there is an agent ad litem in a divorce case, the person shall still appear in court, unless he cannot express his intention; If it is really impossible to appear in court due to special circumstances, a written opinion must be submitted to the people's court.

Chapter VI Evidence

Article 66 Evidence includes:

（1） Statement of the parties;

（2） Documentary evidence;

（3） Physical evidence;

（4） Audio-visual materials;

（5） Electronic data;

（6） Witness testimony;

（7） Expert opinions;

（8） Record of inspection.

Evidence must be verified before it can be used as the basis for ascertaining facts.

Article 67 The parties have the responsibility to provide evidence for their claims.

The people's court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or that the people's court deems necessary for the trial of the case.

The people's court shall examine and verify evidence comprehensively and objectively in accordance with legal procedures.

Article 68 The parties shall timely provide evidence for their claims.

The people's court shall, according to the claims of the parties and the trial of the case, determine the evidence that the parties should provide and the time limit for it. If it is really difficult for the parties to provide evidence within the time limit, they may apply to the people's court for an extension of the time limit, and the people's court may appropriately extend the time limit according to the party's application. If the party concerned provides evidence within the time limit, the people's court shall order it to explain the reasons; If he refuses to explain the reasons or the reasons are untenable, the people's court may refuse to accept the evidence according to different circumstances, or accept the evidence but admonish or fine him.

Article 69 When receiving the evidentiary materials submitted by the parties, the people's court shall issue a receipt indicating the name, number of pages, number of copies, original or photocopy of the evidence, the time of receipt, etc., and the person in charge shall sign or seal it.

Article 70 The people's court shall have the power to investigate and collect evidence from the units and individuals concerned, which shall not refuse.

The people's court shall distinguish the authenticity of the certification documents submitted by the relevant units and individuals, examine them and determine their validity.

Article 71 Evidence shall be presented in court and cross examined by the parties. Evidence involving state secrets, trade secrets and personal privacy shall be kept confidential, and if it is necessary to show it in court, it shall not be shown in public.

Article 72 The people's court shall take the legal facts and documents notarized by legal procedures as the basis for ascertaining the facts, unless there is evidence to the contrary sufficient to overturn the notarized certificate.

Article 73 The original of documentary evidence shall be submitted. The original material evidence shall be submitted. If it is really difficult to submit the original or the original, copies, photographs, duplicates and extracts may be submitted.

The documentary evidence in foreign languages must be accompanied by a Chinese translation.

Article 74 The people's court shall distinguish the authenticity of audio-visual materials and, in combination with other evidence in the case, examine them to determine whether they can be used as a basis for ascertaining facts.

Article 75 All units and individuals who know the circumstances of a case shall have the obligation to testify in court. The person in charge of the relevant unit shall support the witness to testify.

Those who cannot express their meaning correctly cannot testify.

Article 76 Upon notification by the people's court, witnesses shall appear in court to testify. Under any of the following circumstances, the people's court may, with the permission of the people's court, testify by means of written testimony, audio-visual transmission technology or audio-visual materials:

（1） Unable to appear in court due to health reasons;

（2） Unable to appear in court due to long distance and inconvenient transportation;

（3） Being unable to appear in court due to force majeure such as natural disasters;

（4） Other persons who are unable to appear in court for justified reasons.

Article 77 The necessary expenses for transportation, accommodation, meals and other work delay losses incurred by a witness in performing his obligation to testify in court shall be borne by the losing party. If a party applies for a witness to testify, the party shall pay in advance; If the party concerned does not apply and the people's court notifies the witness to give testimony, the people's court shall pay in advance.

Article 78 The people's court shall examine the statements of the parties in combination with other evidence in the case to determine whether they can be used as a basis for ascertaining facts.

The refusal of a party to make a statement shall not affect the people's court's determination of the facts of the case on the basis of evidence.

Article 79 The parties may apply to the people's court for an appraisal of the special problems in ascertaining the facts. If the parties concerned apply for appraisal, the qualified appraisers shall be determined by both parties through consultation; If no agreement can be reached through consultation, the people's court shall appoint them.

If the parties have not applied for appraisal, and the people's court deems it necessary to appraise a specialized problem, it shall entrust a qualified appraiser to conduct appraisal.

Article 80 An expert witness shall have the right to know the case materials necessary for conducting an expert evaluation, and may, when necessary, question the parties and witnesses.

The appraiser shall put forward written appraisal opinions and sign or seal the appraisal report.

Article 81 If the parties disagree with the expert opinions or the people's court deems it necessary for the expert witnesses to appear in court, the expert witnesses shall appear in court to testify. If, upon notification by the people's court, the expert witness refuses to testify in court, the expert opinion shall not be used as the basis for ascertaining the facts; The party who paid the appraisal fee may demand the return of the appraisal fee.

Article 82 A party may apply to the people's court to notify a person with expertise to appear in court and put forward opinions on the expert opinions or professional issues made by the expert witnesses.

Article 83 When inspecting material evidence or a site, the inspector must produce his certificate issued by the people's court and invite the local grass-roots organization or the unit to which the party belongs to send personnel to participate. The party concerned or an adult family member of the party concerned shall be present, and refusal to be present shall not affect the conduct of the inquest.

According to the notice of the people's court, the units and individuals concerned have the obligation to protect the scene and assist in the inspection.

The inspector shall make a written record of the situation and results of the inspection, which shall be signed or sealed by the inspector, the parties and the invited participants.

Article 84 Where evidence may be destroyed or lost or difficult to obtain later, the parties may apply to the people's court for preservation of evidence in the course of litigation, and the people's court may also take preservation measures on its own initiative.

In case of emergency, if the evidence may be lost or difficult to obtain later, the interested party may, before bringing a lawsuit or applying for arbitration, apply to the people's court at the place where the evidence is located, the place where the respondent has his domicile, or the people's court having jurisdiction over the case for evidence preservation.

For other procedures of evidence preservation, the relevant provisions of Chapter IX of this Law on preservation shall apply mutatis mutandis.

Chapter VII Time Periods and Service

Section I Period

Article 85 A period includes a statutory period and a period designated by a people's court.

The period is calculated by hour, day, month and year. The hour and day at the beginning of a period shall not be counted in the period.

If the last day of the period expires is a statutory holiday, the first day after the statutory holiday shall be the date of expiration of the period.

The time period does not include the time in transit. If the litigation documents are mailed before the expiration of the time period, they are not overdue.

Article 86 If a party delays the time limit due to force majeure or other justified reasons, he may apply for an extension of the time limit within 10 days after the obstacle is removed. The people's court shall decide whether to grant the extension or not.

Section 2 Service

Article 87 Litigation documents must be served with a receipt, on which the person on whom they are served shall record the date of receipt and sign or seal.

The date of receipt on the receipt of service shall be the date of service.

Article 88 Litigation documents shall be delivered directly to the addressee. If the person on whom the service is to be served is a citizen, it shall be handed over to an adult family member living with him for signature in his absence; If the person on whom the documents are to be served is a legal person or other organization, the legal representative of the legal person, the main person in charge of the other organization or the person responsible for receiving the documents of the legal person or organization shall sign the receipt; If the person on whom the service is to be made has an agent ad litem, he may deliver it to his agent for signature; If the person on whom the document is to be served has designated a receiver to the people's court, it shall be sent to the receiver for signature.

The date on which the adult family members of the person on whom the service is to be made live together, the person responsible for receiving the documents of a legal person or other organization, the agent ad litem or the person receiving the documents on his behalf sign on the receipt of service shall be the date of service.

Article 89 If the person on whom the litigation documents are to be served or an adult family member living with him refuses to accept the litigation documents, the person on whom the litigation documents are to be served may invite representatives of the relevant grass-roots organization or the unit to which he belongs to be present, explain the situation, record the reasons for the refusal and the date on the receipt of service, and leave the litigation documents at the residence of the person on whom the litigation documents are to be served with his signature or seal from the person who served them and the witnesses; The litigation documents can also be left at the residence of the addressee, and the service process can be recorded by taking photos, videos, etc., which is deemed as service.

Article 90 With the consent of the addressee, the people's court may serve litigation documents by electronic means that can confirm his receipt. The people's court shall provide the written judgment, written order and mediation statement served by electronic means, if the addressee requests paper documents.

In the case of service by the means mentioned in the preceding paragraph, the date on which the service information reaches the specific system of the addressee shall be the date of service.

Article 91 If it is difficult to serve litigation documents directly, other people's courts may be entrusted to serve them on their behalf, or they may serve them by mail. For service by mail, the date of receipt indicated on the receipt shall be the date of service.

Article 92 If the person on whom the documents are to be served is a serviceman, they shall be forwarded through the political organ of the unit at or above the regiment level in his unit.

Article 93 If the person on whom the document is to be served is imprisoned, it shall be forwarded to him through the prison where he belongs.

If the person on whom the documents are to be served is subjected to compulsory educational measures, they shall be forwarded through the compulsory educational institution to which he belongs.

Article 94 After receiving a litigation document, the organ or unit that forwarded it must immediately deliver it to the person on whom it was served for signature. The date of signature on the receipt of service shall be the date of service.

Article 95 If the whereabouts of the person on whom the service is to be made is unknown, or if the service cannot be made by any other means specified in this Section, the service shall be made by public announcement. It shall be deemed to have been served 30 days after the date of the public announcement.

In case of service by public announcement, the reasons and process shall be recorded in the case file.

Chapter VIII Mediation

Article 96 In trying civil cases, the people's court shall, on the principle of voluntariness of the parties and on the basis of clear facts, distinguish right from wrong and conduct mediation.

Article 97 When a people's court conducts mediation, it may be presided over by a single judge or a collegial panel, and it shall be conducted on the spot as far as possible.

When a people's court conducts mediation, it may notify the parties and witnesses to appear in court in a simple way.

Article 98 When a people's court conducts mediation, it may invite relevant units and individuals to assist. The invited units and individuals shall assist the people's court in mediation.

Article 99 To reach an agreement through mediation, both parties must be willing, not forced. The content of the mediation agreement shall not violate the law.

Article 100 When an agreement is reached through mediation, the people's court shall prepare a mediation statement. The mediation statement shall clearly state the claims, the facts of the case and the mediation results.

The conciliation statement shall be signed by the judges and the court clerk, sealed by the people's court, and served on both parties.

The mediation statement shall have legal effect once signed by both parties.

Article 101 If an agreement is reached through mediation in the following cases, the people's court may not prepare a mediation statement:

（1） Divorce cases settled through mediation;

（2） Cases of maintaining an adoptive relationship through mediation;

（3） Cases that can be performed immediately;

（4） Other cases where no mediation statement is required.

An agreement that does not require the preparation of a mediation statement shall be recorded in a written record, and shall become legally effective after it is signed or sealed by both parties, the judge and the clerk.

Article 102 If no agreement is reached through mediation or if one party reneges on his words before the mediation statement is served, the people's court shall make a judgment in a timely manner.

Chapter IX Preservation and Advance Enforcement

Article 103 The people's court may, on the application of the other party, order the other party to preserve its property, order it to take certain actions or prohibit it from taking certain actions in cases where the execution of a judgment may be difficult or other damages may be caused to the other party due to the actions of one of the parties or other reasons; If the party concerned has not applied, the people's court may also, when necessary, rule to adopt preservation measures.

When adopting preservation measures, the people's court may order the applicant to provide security. If the applicant does not provide security, it shall rule to reject the application.

After accepting the application, the people's court must make a ruling within 48 hours if the situation is urgent; If the order is made to take preservation measures, the execution shall begin immediately.

Article 104 If an interested party's legitimate rights and interests will suffer irreparable damage if he does not immediately apply for preservation because of the urgency of the situation, he may, before bringing a lawsuit or applying for arbitration, apply to the people's court at the place where the preserved property is located, at the place where the respondent has his domicile or has jurisdiction over the case for the adoption of preservation measures. The applicant shall provide guarantee. If no guarantee is provided, the application shall be rejected.

After accepting the application, the people's court must make a ruling within 48 hours; If the order is made to take preservation measures, the execution shall begin immediately.

If the applicant fails to bring a lawsuit or apply for arbitration according to law within 30 days after the people's court takes the preservation measures, the people's court shall cancel the preservation.

Article 105 Preservation shall be limited to the scope of the request or the property related to the case.

Article 106 Property preservation shall be carried out by sealing up, distraining, freezing or other methods prescribed by law. After the people's court has preserved the property, it shall immediately notify the person whose property has been preserved.

If the property has been sealed up or frozen, it shall not be sealed up or frozen again.

Article 107 In a case of property dispute, if the respondent provides security, the people's court shall rule to cancel the preservation.

Article 108 If there is an error in the application, the applicant shall compensate the respondent for the losses suffered as a result of the preservation.

Article 109 The people's court may, on the application of a party, order advance execution in respect of the following cases:

（1） Claiming alimony, support, upbringing, pension and medical expenses;

（2） Recourse for labor remuneration;

（3） Urgent circumstances necessitate advance execution.

Article 110 Where a people's court orders advance execution, the following conditions shall be met:

（1） The rights and obligations between the parties are clear, and failure to advance the enforcement will seriously affect the life, production and operation of the applicant;

（2） The respondent has the ability to perform.

The people's court may order the applicant to provide security. If the applicant fails to provide security, the application shall be rejected. If the applicant loses the lawsuit, it shall compensate the respondent for the property losses suffered from the advance execution.

Article 111 If a party is not satisfied with the order of preservation or advance execution, it may apply for reconsideration once. The execution of the order shall not be suspended during the period of reconsideration.

Chapter X Compulsory Measures Against Obstruction of Civil Proceedings

Article 112 The people's court may compel a defendant who must appear in court to be summoned twice and refuses to appear in court without justified reasons.

Article 113 Litigation participants and other persons shall abide by court rules.

The people's court may admonish a person who violates court rules, order him to withdraw from the court, or impose a fine or detention on him.

The people's court shall investigate for criminal responsibility according to law those who make a scene in the court, assault the court, insult, slander, threaten or beat the judges, and seriously disturb the order of the court; If the circumstances are relatively minor, a fine or detention shall be imposed.

Article 114 If a participant in the proceedings or any other person commits any of the following acts, the people's court may, according to the seriousness of the case, impose a fine or detain him; If a crime is constituted, criminal responsibility shall be investigated according to law:

（1） Forging or destroying important evidence to impede the trial of a case by a people's court;

（2） Preventing witnesses from giving testimony by means of violence, threat or bribery, or instigating, bribing or coercing others to commit perjury;

（3） Hiding, transferring, selling or destroying the property that has been sealed up or distrained, or the property that has been counted and ordered to be kept, or transferring the frozen property;

（4） Insult, slander, frame up, beat or retaliate against judicial personnel, litigation participants, witnesses, interpreters, expert witnesses, inspectors or persons assisting in execution;

（5） Obstructing judicial personnel from performing their duties by violence, threat or other means;

（6） Refusing to perform a legally effective judgment or order of a people's court.

The people's court may fine or detain the main person in charge or the person directly responsible of a unit that commits one of the acts specified in the preceding paragraph; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 115 If the parties maliciously collude with each other and attempt to infringe upon the lawful rights and interests of others through litigation, mediation or other means, the people's court shall reject their request and impose a fine or detention according to the seriousness of the case; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 116 If the person subjected to execution has maliciously colluded with another person to evade the performance of his obligations specified in the legal document through litigation, arbitration, mediation, etc., the people's court shall impose a fine or detain him according to the seriousness of the case; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 117 If a unit that has the obligation to assist in investigation and enforcement commits one of the following acts, the people's court may, in addition to ordering it to perform its obligation of assistance, impose a fine on it:

（1） The relevant unit refuses or obstructs the people's court to investigate and collect evidence;

（2） After receiving the notice of the people's court for assistance in execution, the relevant unit refuses to assist in the inquiry, seizure, freezing, allocation or liquidation of property;

（3） After receiving the notice of the people's court for assistance in execution, the unit concerned refuses to assist in detaining the income of the person subjected to execution, going through the formalities for the transfer of relevant property certificates, or transferring relevant tickets, certificates, or other property;

（4） Other refusal to assist in execution.

The people's court may impose a fine on the main person in charge or the person directly responsible of a unit that commits one of the acts specified in the preceding paragraph; Those who still fail to perform their obligations of assistance may be detained; And may put forward judicial suggestions to the supervisory organ or relevant organ for disciplinary punishment.

Article 118 An individual shall be fined not more than 100000 yuan. A fine on a unit shall be not less than 50000 yuan but not more than one million yuan.

The term of detention shall be no more than 15 days.

A detainee shall be handed over by the people's court to the public security organ for custody. During the period of detention, if the detainee admits and corrects his mistake, the people's court may decide to terminate the detention ahead of time.

Article 119 Compulsory summoning, fines and detention must be approved by the president of the hospital.

A compulsory summons shall be issued.

A written decision shall be used for fines and detentions. If they are not satisfied with the decision, they may apply to the people's court at the next higher level for reconsideration once. The execution shall not be suspended during the period of reconsideration.

Article 120 The adoption of compulsory measures against obstruction of civil proceedings must be decided by the people's court. Any unit or individual that illegally detains another person or illegally distrains another person's property to recover debts shall be investigated for criminal responsibility according to law, or be detained or fined.

Chapter XI Litigation Costs

Article 121 When conducting a civil action, the parties shall pay a case acceptance fee in accordance with the provisions. In property cases, in addition to the case acceptance fee, other litigation costs shall be paid according to the regulations.

If it is really difficult for a party to pay litigation expenses, he may apply to the people's court for postponement, reduction or exemption of payment in accordance with the provisions.

The measures for charging litigation fees shall be formulated separately.

Part II Trial Procedure

Chapter XII Ordinary Procedure of First Instance

Section 1 Prosecution and Acceptance

Article 122 A suit must meet the following conditions:

（1） The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;

（2） There are definite defendants;

（3） There are specific claims, facts and reasons;

（4） It falls within the scope of civil litigation accepted by the people's court and under the jurisdiction of the people's court to which the lawsuit is filed.

Article 123 In bringing a lawsuit, a bill of complaint shall be submitted to the people's court, and copies shall be provided according to the number of defendants.

If it is really difficult to write a statement of complaint, it may be filed orally, and the people's court shall record it in writing and inform the other party.

Article 124 The following items shall be recorded in the bill of complaint:

（1） The name, sex, age, nationality, occupation, work unit, address and contact information of the plaintiff, the name and address of the legal person or other organization, and the name, position and contact information of the legal representative or principal person in charge;

（2） Information such as the name, gender, work unit and address of the defendant, and information such as the name and address of the legal person or other organization;

（3） The claim and the facts and reasons on which it is based;

（4） Evidence and source of evidence, name and address of witness.

Article 125 If it is appropriate to mediate a civil dispute brought by a party to a people's court, mediation shall be conducted first, except where the party refuses to mediate.

Article 126 The people's court shall safeguard the litigants' right to sue in accordance with the law. Actions brought in conformity with Article 119 of this Law must be accepted. If the conditions for prosecution are met, the case shall be filed within seven days and the parties shall be notified; If the conditions for prosecution are not met, a written order shall be made within seven days and the case shall not be accepted; If the plaintiff is not satisfied with the ruling, he may file an appeal.

Article 127 The people's court shall handle the following lawsuits according to the circumstances:

（1） In accordance with the provisions of the Administrative Procedure Law, if the case falls within the scope of administrative litigation, the plaintiff shall be informed to bring an administrative lawsuit;

（2） In accordance with the law, if both parties reach a written arbitration agreement to apply for arbitration and cannot bring a lawsuit to the people's court, the plaintiff shall be informed to apply to an arbitration institution for arbitration;

（3） For disputes that should be handled by other organs according to the law, the plaintiff shall be informed to apply to the relevant organs for settlement;

（4） For cases not under the jurisdiction of the court, the plaintiff shall be informed to bring a lawsuit to the people's court with jurisdiction;

（5） If a party brings a suit again in a case in which a judgment, ruling or mediation statement has become legally effective, the party shall inform the plaintiff to apply for retrial, except for the ruling of the people's court allowing the withdrawal of the suit;

（6） According to the law, a case that cannot be prosecuted within a certain period of time shall not be accepted if it is prosecuted within the period of time;

（7） Divorce cases in which divorce is not allowed in the judgment and reconciliation is achieved through mediation, and cases in which the adoption relationship is maintained through judgment and mediation, without new information and new reasons, and the plaintiff brings another lawsuit within six months, shall not be accepted.

Section 2 Preparation before Trial

Article 128 The people's court shall send a copy of the bill of complaint to the defendant within five days from the date of filing the case, and the defendant shall submit his defence within fifteen days from the date of receiving it. The defence shall state the name, sex, age, nationality, occupation, work unit, address and contact information of the defendant; The name and address of a legal person or other organization, and the name, position and contact information of its legal representative or principal person in charge. The people's court shall send a copy of the bill of defense to the plaintiff within five days after receiving it.

If the defendant does not submit a defence, the trial of the people's court shall not be affected.

Article 129 The people's court shall inform the parties of the relevant litigation rights and obligations in the notice of acceptance of the case and the notice of response to the action, or orally inform the parties of the decision to accept the case.

Article 130 After the people's court has accepted a case, if a party objects to the jurisdiction, he shall raise his objection within the period of submitting his defence. The people's court shall examine the objections raised by the parties. If the objection is tenable, the court shall make a ruling to transfer the case to the people's court with jurisdiction; If the objection is not tenable, it shall be rejected by a ruling.

If the parties do not raise any objection to the jurisdiction and respond to the lawsuit, it shall be deemed that the people's court to which the lawsuit is filed has jurisdiction, except for those who violate the provisions on hierarchical jurisdiction and exclusive jurisdiction.

Article 131 After the judges are determined, they shall notify the parties within three days.

Article 132 The judges must carefully examine the litigation materials and investigate and collect necessary evidence.

Article 133 When the people's court sends personnel to conduct an investigation, they shall show their credentials to the person under investigation.

After being reviewed by the investigated person, the investigation record shall be signed or sealed by the investigated person and the investigator.

Article 134 A people's court may, when necessary, entrust a people's court in another place to investigate.

For entrusted investigation, clear items and requirements must be put forward. The entrusted people's court may take the initiative to supplement the investigation.

The entrusted people's court shall complete the investigation within 30 days after receiving the letter of authorization. If it cannot be completed for some reason, the entrusting people's court shall notify the entrusting people's court by letter within the above time limit.

Article 135 If a party who must participate in a joint action fails to participate in the action, the people's court shall notify him to participate in the action.

Article 136 The people's court shall handle the cases it has accepted according to the circumstances:

（1） If there is no dispute between the parties and the conditions specified in the procedure for supervision and urge are met, they may be transferred to the procedure for supervision and urge;

（2） If mediation is available before the hearing, the dispute shall be settled in a timely manner through mediation;

（3） According to the situation of the case, determine the application of summary procedure or ordinary procedure;

（4） If a court session is required, the focus of the dispute shall be clarified by requiring the parties to exchange evidence.

Section 3 Trial

Article 137 The people's courts shall try civil cases in public, unless they involve state secrets, individual privacy or are otherwise provided for by law.

Divorce cases and cases involving trade secrets may be heard in private if the parties apply for a closed hearing.

Article 138 When trying civil cases, the people's courts shall, when necessary, conduct circuit trials and handle cases on the spot.

Article 139 When trying a civil case, the people's court shall notify the parties and other litigation participants three days before the opening of the court session. If the case is heard in public, the names of the parties, the cause of action, and the time and place of the hearing shall be announced.

Article 140 Before a court session, the clerk shall ascertain whether the parties and other litigation participants are present in court and announce court discipline.

At the hearing, the presiding judge or the sole judge shall check the parties, announce the cause of action, announce the list of judges and clerks, inform the parties of their relevant litigation rights and obligations, and ask whether the parties have applied for withdrawal.

Article 141 Court investigations shall be conducted in the following order:

（1） Statement of the parties;

（2） Inform the witnesses of their rights and obligations, give testimony, and read out the testimony of witnesses who are not present in court;

（3） Present documentary evidence, physical evidence, audio-visual materials and electronic data;

（4） Read out the appraisal opinions;

（5） Read out the records of the inquest.

Article 142 The parties may present new evidence in court.

The parties may, with the permission of the court, question witnesses, expert witnesses and inspectors.

If the party concerned requests a new investigation, appraisal or inquest, the people's court shall decide whether or not to allow it.

Article 143 If the plaintiff increases his claims, the defendant files a counterclaim, and a third party files claims related to the case, they may be tried together.

Article 144 Court debate shall be conducted in the following order:

（1） The plaintiff and its agent ad litem make speeches;

（2） Defense of the defendant and his agent ad litem;

（3） The third party and his agent ad litem speak or defend;

（4） Debate with each other.

At the end of the court debate, the presiding judge or the sole judge shall solicit the final opinions of the parties in the order of the plaintiff, the defendant and the third party.

Article 145 At the end of court debate, a judgment shall be rendered according to law. If mediation can be conducted before the judgment, mediation can also be conducted. If mediation fails, the judgment shall be made in a timely manner.

Article 146 If the plaintiff, having been summoned, refuses to appear in court without justified reasons, or withdraws from court midway without the permission of the court, the case may be treated as withdrawn; If the defendant counterclaims, he may make a judgment by default.

Article 147 If the defendant, having been summoned, refuses to appear in court without justified reasons, or withdraws from court midway without the permission of the court, the court may make a judgment by default.

Article 148 If the plaintiff applies for withdrawal of the lawsuit before the judgment is pronounced, the people's court shall decide whether to grant it or not.

If the people's court decides not to allow the withdrawal of the lawsuit, and if the plaintiff refuses to appear in court without justified reasons after being summoned, he may make a judgment by default.

Article 149 Under any of the following circumstances, the hearing may be postponed:

（1） The party and other litigation participants who must be present in court fail to appear in court for justified reasons;

（2） The party concerned applies for withdrawal temporarily;

（3） It is necessary to notify new witnesses to appear in court, obtain new evidence, conduct a new expert evaluation or inquest, or make a supplementary investigation;

（4） Other circumstances that should be postponed.

Article 150 The court clerk shall make a written record of all the court proceedings, which shall be signed by the judges and the court clerk.

The court record shall be read out in court, and the parties and other litigation participants may also be informed to read it in court or within five days. If the parties and other participants in the proceedings consider that there are omissions or errors in their statements, they have the right to apply for corrections. If no correction is made, the application shall be recorded.

The court record shall be signed or sealed by the parties and other participants in the proceedings. In case of refusal to sign and seal, record the situation and attach a file.

Article 151 The people's court shall publicly pronounce its judgments on all cases that are tried in public or in private.

If a judgment is pronounced in court, the written judgment shall be sent within ten days; If a judgment is pronounced regularly, a written judgment shall be issued immediately after the judgment is pronounced.

When a judgment is pronounced, the parties must be informed of their right to appeal, the time limit for appeal and the court of appeal.

When a divorce judgment is pronounced, the parties must be informed that they may not marry again before the judgment becomes legally effective.

Article 152 A people's court trying a case in which the ordinary procedure is applied shall conclude the case within six months from the date of filing the case. If it is necessary to extend it under special circumstances, it may be extended for six months with the approval of the president of the court; If the extension is still needed, it shall be reported to the people's court at a higher level for approval.

Section 4 Suspension and Termination of Litigation

Article 153 Under any of the following circumstances, the litigation shall be suspended:

（1） One party dies and it is necessary to wait for the heir to indicate whether to participate in the litigation;

（2） One of the parties has lost the capacity for litigation and has not yet determined its legal representative;

（3） The legal person or other organization as a party terminates, and the successor of rights and obligations has not been determined;

（4） One party is unable to participate in the litigation due to force majeure;

（5） The current case must be based on the trial result of another case, but the other case has not been concluded;

（6） Other circumstances where the litigation should be suspended.

After the reasons for the suspension of the proceedings are eliminated, the proceedings shall be resumed.

Article 154 Under any of the following circumstances, the litigation shall be terminated:

（1） The plaintiff dies and has no heir, or the heir waives his litigation rights;

（2） The defendant died without inheritance and no person who should assume the obligation;

（3） A party to a divorce case dies;

（4） One of the parties to a case of claiming alimony, maintenance or upbringing, or terminating the adoptive relationship, dies.

Section 5 Judgments and Orders

Article 155 The written judgment shall clearly state the result of the judgment and the reasons for making the judgment. The content of the judgment includes:

（1） Cause of action, claims, facts and reasons of disputes;

（2） The facts and reasons recognized in the judgment, and the applicable laws and reasons;

（3） The result of judgment and the burden of litigation costs;

（4） The period of appeal and the court of appeal.

The written judgment shall be signed by the judges and the court clerk and sealed by the people's court.

Article 156 If some of the facts in a case tried by a people's court are clear, the court may first make a judgment on that part of the case.

Article 157 An order shall apply to the following areas:

（1） Rejection;

（2） Objection to the jurisdiction;

（3） Reject the lawsuit;

（4） Preservation and advance execution;

（5） Permit or disapprove the withdrawal of the lawsuit;

（6） Suspend or terminate the lawsuit;

（7） Correction of clerical errors in the judgment;

（8） Suspension or termination of execution;

（9） Revoke or refuse to enforce the arbitral award;

（10） Refusing to execute the creditor's rights document that the notary office has given enforcement effect;

（11） Other matters that need to be resolved by adjudication.

An appeal may be lodged against the ruling in the first to third paragraphs of the preceding paragraph.

The written order shall clearly state the result of the order and the reasons for making the order. The written order shall be signed by the judges and the court clerk and sealed by the people's court. An oral ruling shall be recorded in the record.

Article 158 The judgments and orders of the Supreme People's Court, as well as those that are not allowed to appeal according to law or have not been appealed after the time limit for appeal, are legally effective.

Article 159 The public may consult legally effective judgments and written orders, with the exception of those involving state secrets, trade secrets and personal privacy.

Chapter XIII Summary Procedure

Article 160 The provisions of this Chapter shall apply to the trial of simple civil cases in which the facts are clear, the relationship between rights and obligations is clear and the disputes are not serious by the basic people's courts and the tribunals dispatched by them.

When the basic people's court and the court dispatched by it try civil cases other than those specified in the preceding paragraph, the parties may also agree to apply summary procedures.

Article 161 In a simple civil case, the plaintiff may bring an oral complaint.

Both parties may go to the basic people's court or the court dispatched by it at the same time to request the settlement of the dispute. The basic people's court or the court dispatched by it may hear the case immediately or set another date for the hearing.

Article 162 In trying simple civil cases, the basic people's courts and the tribunals dispatched by them may use simple methods to summon the parties and witnesses, serve litigation documents and try cases, but they shall safeguard the rights of the parties to state their opinions.

Article 163 Simple civil cases shall be tried by a single judge alone, and shall not be restricted by the provisions of Articles 136, 138 and 141 of this Law.

Article 164 A people's court trying a case by applying summary procedure shall conclude the case within three months from the date of filing the case. If it is necessary to extend it under special circumstances, it may be extended for one month with the approval of the president of the court.

Article 165 When a basic people's court and a court dispatched by it try a simple civil case of payment of money with clear facts, clear rights and obligations, and little dispute, if the subject amount is less than 50% of the average annual salary of the employees of each province, autonomous region, or municipality directly under the Central Government in the previous year, the procedure of small claims shall apply, and the first instance shall be final.

When the basic people's court and the court dispatched by it try the civil cases mentioned in the preceding paragraph, if the amount of the subject matter exceeds 50% but is less than twice the average annual salary of the employees in each province, autonomous region, or municipality directly under the Central Government in the previous year, the parties may also agree on the procedure for small claims.

[Editor's note of the rule of law group: the original law "the average annual salary of employees in the previous year was less than 30%" was revised to "less than 50%", and the agreed application of small claims procedure was added, further expanding the application scope of small claims procedure]

Article 166 The people's court shall not apply the procedure of small claims to the following civil cases:

（1） Personal relationship and property right confirmation cases;

（2） Foreign-related cases;

（3） Cases that need to be evaluated and appraised or have objections to the results of pre litigation evaluation and appraisal;

（4） A case where the whereabouts of one party is unknown;

（5） A case in which a party raises a counterclaim;

（6） Other cases that are not suitable for small claims procedure.

Article 167 A people's court hearing a case in accordance with the procedure of small claims may open a court session at a time to conclude the case and pronounce a judgment in court.

Article 168 When a people's court tries a case in accordance with the procedure of small claims, it shall conclude the case within two months from the date of filing the case. If it is necessary to extend it under special circumstances, it may be extended for one month with the approval of the president of the court.

Article 169 If a people's court, in the process of hearing a case, finds that the procedure for small claims is inappropriate, it shall apply other provisions of summary procedure to try the case or make a ruling to convert it to ordinary procedure.

If a party considers that the application of the procedure of small claims in the trial of a case violates the provisions of law, he may raise an objection to the people's court. The people's court shall review the objection raised by the parties, and if the objection is tenable, other provisions of summary procedure shall be applied for trial or the ruling shall be changed to ordinary procedure; If the objection is not tenable, it shall be rejected by a ruling.

Article 170 If the people's court, in the process of trying a case, finds that summary procedure is not suitable for the case, it shall make a ruling to transfer the case to ordinary procedure.

Chapter XIV Procedure of Second Instance

Article 171 If a party refuses to accept a judgment of first instance made by a local people's court, he shall have the right to appeal to the people's court at the next higher level within 15 days from the date of service of the written judgment.

If a party refuses to accept an order of first instance made by a local people's court, he shall have the right to appeal to the people's court at the next higher level within ten days of the service of the written order.

Article 172 For an appeal, a petition of appeal shall be submitted. The contents of the appeal petition shall include the names of the parties, the names of the legal persons and their legal representatives, or the names of other organizations and their main responsible persons; The name of the people's court that originally tried the case, the case number and the cause of action; The request and reasons for appeal.

Article 173 A petition of appeal shall be filed through the people's court that originally tried the case, and copies shall be filed according to the number of the opposing parties or representatives.

If a party appeals directly to the people's court of second instance, the people's court of second instance shall transfer the petition of appeal to the people's court that originally tried the case within five days.

Article 174 The people's court that originally tried the case shall serve a copy of the appeal petition on the other party within five days after receiving it, and the other party shall submit a defense within 15 days after receiving it. The people's court shall serve a copy of the statement of defense on the appellant within five days after receiving it. The failure of the other party to submit a defence shall not affect the trial of the people's court.

The people's court that originally tried the case shall, within five days after receiving the petition of appeal and the bill of defense, submit them together with all the case files and evidence to the people's court of second instance.

Article 175 The people's court of second instance shall examine the relevant facts and the application of law of the appeal request.

Article 176 The people's court of second instance shall open a court session to hear an appealed case. After reviewing, investigating and questioning the parties, the people's court may not hold a court session if it considers that it is unnecessary to hold a court session if no new facts, evidence or reasons are presented.

The people's court of second instance may try an appealed case in its own court, or in the place where the case occurred or where the people's court that originally tried the case is located.

Article 177 After hearing an appealed case, the people's court of second instance shall handle it separately according to the following circumstances:

（1） If the original judgment or written order clearly identifies the facts and correctly applies the law, the appeal shall be rejected in the form of a judgment or written order, and the original judgment or written order shall be upheld;

（2） If the original judgment or ruling is wrong in ascertaining facts or in applying the law, the judgment or ruling shall be changed, rescinded or altered according to law;

（3） If the basic facts found in the original judgment are not clear, a ruling shall be made to rescind the original judgment and remand it to the people's court of the original trial for retrial, or the judgment shall be changed after the facts are ascertained;

（4） If the original judgment omits the parties or the judgment is made by default in violation of the law and seriously violates the legal procedure, a ruling shall be made to cancel the original judgment and remand it to the original people's court for retrial.

If a party files an appeal after the people's court of first instance makes a judgment on the case remanded for retrial, the people's court of second instance may not remand the case for retrial again.

Article 178 The people's court of second instance shall use a ruling in all cases of appeal against the ruling of the people's court of first instance.

Article 179 When trying an appealed case, the people's court of second instance may conduct mediation. When an agreement is reached through mediation, a mediation statement shall be made, signed by the judges and the court clerk, and sealed by the people's court. After the mediation statement is served, the judgment of the people's court that originally tried the case shall be deemed to be revoked.

Article 180 If an appellant applies to withdraw his appeal before the judgment of the people's court of second instance is pronounced, the people's court of second instance shall decide whether to grant permission.

Article 181 In trying an appealed case, the people's court of second instance shall, in addition to the provisions of this Chapter, apply the ordinary procedure of first instance.

Article 182 The judgments and orders of the people's courts of second instance are final.

Article 183 When trying a case of appeal against a judgment, the people's court shall conclude the case within three months from the date of filing the case for second instance. If the extension is necessary under special circumstances, it shall be approved by the president of the court.

When trying an appeal case against a ruling, the people's court shall make a final ruling within 30 days from the date of filing the case for second instance.

Chapter XV Special Procedures

Section 1 General Provisions

Article 184 The provisions of this Chapter shall apply to the trial by the people's courts of voter qualification cases, cases of declaration of disappearance or death, cases of determination of citizens' incapacity or limited capacity for civil conduct, cases of determination of property as ownerless, cases of confirmation of mediation agreements, and cases of realization of real rights for security. Where there are no provisions in this Chapter, the relevant provisions of this Law and other laws shall apply.

Article 185 For cases tried in accordance with the procedures in this Chapter, the first instance shall be final. A collegial panel of judges shall be formed to hear voter qualification cases or major and difficult cases; Other cases shall be tried by one judge alone.

Article 186 If the people's court, in the process of trying a case in accordance with the procedures in this Chapter, finds that the case is a dispute over civil rights and interests, it shall make a ruling to terminate the special procedure and inform the interested parties that they may bring a separate suit.

Article 187 A people's court trying a case in which special procedures are applied shall conclude the case within 30 days from the date of filing the case or within 30 days after the expiration of the period of public announcement. If the extension is necessary under special circumstances, it shall be approved by the president of the court. Except in cases involving the qualification of voters.

Section 2 Voter Qualification Cases

Article 188 If a citizen refuses to accept the decision made by the election committee on the handling of a complaint about voter qualification, he may bring a suit in the basic people's court in the locality of the electoral district five days before the election day.

Article 189 After accepting a case concerning the qualification of voters, the people's court must conclude the trial before the election day.

During the trial, the prosecutor, representatives of the election committee and the citizens concerned must participate.

The written judgment of the people's court shall be served on the election committee and the prosecutor before the election day, and the citizens concerned shall be notified.

Section 3 Cases of Declaration of Disappearance or Death

Article 190 If a citizen's whereabouts have been unknown for two years and an interested party applies for the declaration of his disappearance, he shall file an application with the basic people's court in the place where the missing person has his domicile.

The application shall state the fact, time and request of the disappearance, and shall be accompanied by a written certificate from the public security organ or other relevant organs that the citizen's whereabouts are unknown.

Article 191 If a citizen's whereabouts are unknown for four years, or for two years due to an accident, or if the citizen's whereabouts are unknown due to an accident and the relevant organ proves that it is impossible for him to survive, and an interested party applies for declaring him dead, he shall file an application with the basic people's court in the place where the missing person has his domicile.

The application shall clearly state the fact, time and request of the missing citizen, and shall be accompanied by a written certificate issued by the public security organ or other relevant organs on the missing citizen.

Article 192 After accepting a case of declaration of disappearance or death, the people's court shall issue a public notice to search for the missing person. The period of public notice for declaring a person missing is three months, and the period of public notice for declaring a person dead is one year. If the citizen's whereabouts are unknown due to an accident and it is proved by the relevant authorities that it is impossible for him to survive, the public notice period for declaring his death is three months.

At the end of the public announcement period, the people's court shall make a judgment declaring a person missing or dead or a judgment rejecting the application on the basis of whether the fact that the person is declared missing or dead has been confirmed.

Article 193 If a citizen who has been declared missing or dead reappears, the people's court shall, upon his own application or that of an interested person, make a new judgment and revoke the original judgment.

Section 4 Cases Concerning the Determination of Citizens' Inability or Restricted Capacity for Civil Conduct

Article 194 An application for the determination of a citizen's incapacity or limited capacity for civil conduct shall be filed by an interested party or relevant organization with the basic people's court in the place where the citizen has his domicile.

The application shall state the facts and grounds of the citizen's incapacity or limited capacity for civil conduct.

Article 195 After accepting the application, the people's court shall, when necessary, conduct an appraisal of the citizen who is requested to be identified as having no or limited civil capacity. If the applicant has provided expert opinions, the expert opinions shall be examined.

Article 196 In the trial of a case in which a people's court determines that a citizen has no or limited capacity for civil conduct, a close relative of the citizen shall be the agent, with the exception of the applicant. If close relatives shuffle each other, the people's court shall appoint one of them as the agent. If the citizen's health condition permits, he shall also ask for his own opinions.

If the people's court determines after trial that the application is based on facts, it shall judge the citizen as a person without or with limited capacity for civil conduct; If it is determined that the application is unfounded, it shall be rejected by judgment.

Article 197 If the people's court, on the basis of the application of the person who has been identified as a person without or with limited capacity for civil conduct, the interested person or the relevant organization, confirms that the cause of the citizen's incapacity or limited capacity for civil conduct has been eliminated, it shall act as a new judgment and revoke the original judgment.

Section 5 Cases of Determining Property as ownerless

Article 198 An application for determining that a property is ownerless shall be filed by a citizen, legal person or other organization with the basic people's court in the place where the property is located.

The application shall clearly state the type and quantity of the property and the basis for claiming that the property is ownerless.

Article 199 After accepting the application, the people's court shall, after examination and verification, issue a public notice to claim the property. If no one claims the property after one year of public announcement, the property shall be determined as ownerless by judgment and shall be returned to the state or the collective.

Article 200 After a judgment finds that a property is ownerless, if the original owner or successor of the property appears, he or she may make a claim for the property within the limitation of action prescribed by the Civil Code. After the people's court has verified the claim, it shall make a new judgment and revoke the original judgment.

Section 6 Cases of Confirming Mediation Agreements

Article 201 If a mediation agreement is reached through mediation by a legally established mediation organization and an application for judicial confirmation is filed, the parties concerned shall jointly submit the application to the following people's courts within 30 days from the effective date of the mediation agreement:

（1） If the people's court invites the mediation organization to carry out mediation in advance, it shall be proposed to the people's court that made the invitation;

（2） If the mediation organization conducts mediation on its own, it shall propose to the basic people's court in the place where the parties have their domicile, where the subject matter is located, or where the mediation organization is located; If the dispute involved in the mediation agreement should be under the jurisdiction of the intermediate people's court, it should be submitted to the corresponding intermediate people's court.

Article 202 After accepting the application, the people's court shall, upon examination, rule that the mediation agreement is valid if it is in conformity with the provisions of the law. If one party refuses to perform or fails to perform in full, the other party may apply to the people's court for enforcement; If it does not conform to the provisions of the law, it shall rule to reject the application. The parties may change the original mediation agreement or reach a new mediation agreement through mediation, or they may bring a lawsuit to the people's court.

Section 7 Cases of Realizing Real Right for Security

Article 203 An application for realizing the real right for security shall be filed by the holder of the real right for security and other persons who have the right to request the realization of the real right for security with the basic people's court in the place where the property for security is located or where the real right for security is registered in accordance with the Civil Code and other laws.

Article 204 After accepting the application, the people's court shall, upon examination, make a ruling to auction or sell off the secured property if it is in conformity with the provisions of the law, and the parties may apply to the people's court for enforcement in accordance with the ruling; If the application is not in conformity with the provisions of the law, a ruling shall be made to reject the application, and the parties may bring a lawsuit to the people's court.

Chapter XVI Procedures for Trial Supervision

Article 205 If the president of a people's court at any level finds some definite error in a legally effective judgment, written order or conciliation statement of his court and deems it necessary to retry the case, he shall submit it to the judicial committee for discussion and decision.

If the Supreme People's Court finds some definite error in a legally effective judgment, ruling or mediation statement of a local people's court at any level, or a people's court at a higher level finds some definite error in a legally effective judgment, ruling or mediation statement of a people's court at a lower level, it has the right to bring the case up for trial or order the people's court at a lower level to retry it.

Article 206 If a party considers that there is error in a legally effective judgment or order, he may apply to the people's court at the next higher level for retrial; If one party has a large number of people or both parties are citizens, they may also apply to the people's court that originally tried the case for retrial. If a party applies for retrial, the execution of the judgment or order shall not be suspended.

Article 207 If a party's application meets any of the following circumstances, the people's court shall retry it:

（1） There is new evidence enough to overturn the original judgment or order;

（2） The basic facts identified in the original judgment or ruling are lack of evidence;

（3） The main evidence for finding the facts in the original judgment or ruling was forged;

（4） The main evidence of the original judgment or ruling to determine the facts has not been cross examined;

（5） The party concerned cannot collect the main evidence necessary for the trial of a case on his own due to objective reasons and has applied in writing to the people's court for investigation and collection, but the people's court has not investigated and collected it;

（6） There is definite error in the application of law in the original judgment or ruling;

（7） The composition of the judicial organization is illegal or the judicial personnel who should withdraw according to law have not withdrawn;

（8） A person without litigation capacity has not been represented by a legal representative in the litigation or a party who should participate in the litigation has not participated in the litigation for reasons not attributable to himself or his agent ad litem;

（9） In violation of the provisions of the law, depriving a party of the right to debate;

（10） The court makes a judgment by default without summoning;

（11） The original judgment or ruling omitted or exceeded the claims;

（12） The legal document on which the original judgment or ruling was made is revoked or changed;

（13） The judges engaged in embezzlement, bribery, malpractice for personal gain and perverted the law when trying the case.

Article 208 If a party to a legally effective mediation statement provides evidence to prove that the mediation violates the principle of voluntariness or the content of the mediation agreement violates the law, it may apply for a retrial. If the case is verified by the people's court, it shall be retried.

Article 209 A party may not apply for a retrial of a legally effective judgment or mediation statement for dissolution of marriage.

Article 210 Where a party applies for retrial, it shall submit a retrial application and other materials. The people's court shall send a copy of the retrial application to the other party within five days from the date of receiving the retrial application. The other party shall submit written opinions within 15 days from the date of receiving the copy of the retrial application; Failure to submit written opinions shall not affect the examination of the people's court. The people's court may require the applicant and the other party to supplement relevant materials and inquire about relevant matters.

Article 211 The people's court shall review the application for retrial within three months from the date of receiving the application for retrial. If the application is in conformity with the provisions of this Law, it shall order a retrial; If the application is not in conformity with the provisions of this Law, it shall be rejected by a ruling. If the extension is necessary under special circumstances, it shall be approved by the president of the court.

A case for which a party applies for a retrial order shall be tried by a people's court at or above the intermediate people's court, except where the party chooses to apply to the basic people's court for retrial in accordance with the provisions of Article 199 of this Law. A case ordered to be retried by the Supreme People's Court or a higher people's court shall be retried by its own court or by another people's court, or by the people's court that originally tried the case.

Article 212 A party applying for a retrial shall file an application within six months after the judgment or order becomes legally effective; In case of any of the circumstances specified in Paragraphs 1, 3, 12, or 13 of Article 200 of this Law, it shall be submitted within six months from the date when it became aware or should have become aware of it.

Article 213 If a case is decided to be retried in accordance with the procedure of trial supervision, a ruling shall be made to suspend the execution of the original judgment, order or mediation statement, but the execution may not be suspended in cases of claims for alimony, maintenance, upbringing, pensions, medical expenses, labor remuneration, etc.

Article 214 If a people's court retries a case in accordance with the procedure for trial supervision, if a legally effective judgment or order was made by a court of first instance, it shall be tried in accordance with the procedure of first instance, and the parties may appeal against the judgment or order made; If a legally effective judgment or order is made by a court of second instance, it shall be tried in accordance with the procedure of second instance; If the people's court at a higher level brings the case up for trial in accordance with the procedure of trial supervision, the case shall be tried in accordance with the procedure of second instance, and the judgment or order made is legally effective.

The people's court shall form a new collegial panel to try a retrial case.

Article 215 The Supreme People's Procuratorate shall lodge a protest against a legally effective judgment or order of a people's court at any level, or against a legally effective judgment or order of a people's court at a lower level, if the People's Procuratorate at a higher level finds that one of the circumstances prescribed in Article 200 of this Law exists, or if a conciliation statement is issued that harms the interests of the State and the public interest.

If a local people's procuratorate at any level finds that a legally effective judgment or order of a people's court at the same level falls under one of the circumstances prescribed in Article 200 of this Law, or that a mediation statement harms the interests of the State or the public interest, it may make procuratorial suggestions to the people's court at the same level and report them to the people's procuratorate at a higher level for the record; It may also request the people's procuratorate at a higher level to lodge a protest with the people's court at the same level.

The people's procuratorates at all levels have the right to make procuratorial suggestions to the people's courts at the same level for the illegal acts of judges in judicial proceedings other than the judicial supervision procedures.

Article 216 Under any of the following circumstances, a party may apply to the People's Procuratorate for procuratorial advice or protest:

（1） The people's court rejects the application for retrial;

（2） The people's court fails to make a ruling on the retrial application within the time limit;

（3） There are obvious mistakes in the retrial judgment or ruling.

The People's Procuratorate shall examine the application of the party concerned within three months and make a decision on whether or not to make a procuratorial proposal or protest. The party concerned may not again apply to the People's Procuratorate for procuratorial advice or protest.

Article 217 When a people's procuratorate needs to make procuratorial suggestions or protest in order to perform its functions of legal supervision, it may investigate and verify the relevant situation with the parties or persons outside the case.

Article 218 With respect to a case protested by a People's Procuratorate, the People's Court accepting the protest shall, within 30 days from the date of receiving the protest, make a ruling for retrial; In any of the circumstances as prescribed in paragraphs 1 to 5 of Article 200 of this Law, the case may be referred to the people's court at the next lower level for retrial, except for the retrial by the people's court at the next lower level.

Article 219 If a people's procuratorate decides to lodge a protest against a judgment, order or mediation statement of a people's court, it shall make a protest.

Article 220 When a people's court retries a case protested by a people's procuratorate, it shall notify the people's procuratorate to send its personnel to the court.

Chapter XVII Procedures for Urgent Supervision

Article 221 A creditor may apply to the basic people's court with jurisdiction for a payment order if the following conditions are met when requesting payment of money or securities from the debtor:

（1） There is no other debt dispute between the creditor and the debtor;

（2） The payment order can be served on the debtor.

The application shall clearly state the amount of money or negotiable securities requested and the facts and evidence on which it is based.

Article 222 After the creditor files an application, the people's court shall, within five days, notify the creditor whether or not to accept it.

Article 223 After accepting the application, the people's court shall, after examining the facts and evidence provided by the creditor, issue an order of payment to the debtor within 15 days from the date of accepting the application if the relationship between the creditor and the debtor is clear and legal; If the application is untenable, it shall be rejected by a ruling.

The debtor shall pay off the debt within 15 days from the date of receiving the order of payment, or raise a written objection to the people's court.

If the debtor neither raises an objection nor performs the order of payment within the period specified in the preceding paragraph, the creditor may apply to the people's court for enforcement.

Article 224 After receiving the written objection put forward by the debtor, the people's court shall, upon examination, make a ruling to terminate the procedure for hastening payment if the objection is tenable, and the order of payment shall automatically become invalid.

If the order of payment is invalid, it shall be transferred to the proceedings, except that the party applying for the order of payment does not agree to bring a lawsuit.

Chapter XVIII Publicity Procedure

Article 225 If a holder of a negotiable instrument that can be transferred by endorsement according to the provisions is stolen, lost or destroyed, he may apply to the basic people's court in the place where the instrument is paid for a public notice of demand. The provisions of this Chapter shall apply to other matters for which an application for public notice for assertion of claims may be made in accordance with the law.

The applicant shall submit an application to the people's court, stating the main contents of the bill such as the face value, the drawer, the holder, and the endorser, as well as the reasons and facts for the application.

Article 226 When the people's court decides to accept the application, it shall at the same time notify the payer to stop payment, and issue a public notice within three days to urge the interested parties to declare their rights. The period of public notice shall be decided by the people's court according to the circumstances, but shall not be less than 60 days.

Article 227 The payer shall stop the payment after receiving the notice of the people's court to stop the payment until the end of the public notice procedure.

During the period of public notice, the transfer of rights on the instrument is invalid.

Article 228 An interested party shall report to the people's court within the period of the public notice for assertion of claims.

After receiving the declaration from the interested party, the people's court shall make a ruling to terminate the public notice procedure and notify the applicant and the payer.

The applicant or the declarant may bring a suit in the people's court.

Article 229 If no one makes a declaration, the people's court shall, on the application of the applicant, make a judgment declaring the instrument invalid. The judgment shall be announced and the payer shall be notified. The applicant shall have the right to claim payment from the payer as of the date of announcement of the judgment.

Article 230 If an interested party is unable to report to the people's court before the judgment for justified reasons, he may bring a suit in the people's court that made the judgment within one year from the date when he knew or should have known the announcement of the judgment.

Part III Execution Procedures

Chapter XIX General Provisions

Article 231 Legally effective civil judgments and orders, as well as the property portion of criminal judgments and orders, shall be executed by the people's court of first instance or the people's court at the same level as the people's court of first instance in the place where the property being executed is located.

Other legal documents required by law to be executed by the people's court shall be executed by the people's court in the place where the person subjected to execution has his domicile or where the property subjected to execution is located.

Article 232 If a party or interested party considers that the execution violates the provisions of the law, it may raise a written objection to the people's court in charge of the execution. If a party or an interested person raises a written objection, the people's court shall review it within 15 days from the date of receiving the written objection, and if the reason is justified, order to cancel or correct it; If the reason is untenable, the ruling shall be rejected. If the party concerned or the interested party is not satisfied with the ruling, it may apply to the people's court at the next higher level for reconsideration within 10 days from the date of service of the ruling.

Article 233 If the people's court fails to execute the application within six months from the date of receiving the application for execution, the person applying for execution may apply to the people's court at the next higher level for execution. After examination, the people's court at the next higher level may order the original people's court to execute within a certain period of time, or may decide to have it executed or order other people's courts to execute.

Article 234 If, in the course of execution, an outsider raises a written objection to the subject matter of execution, the people's court shall examine it within 15 days from the date of receiving the written objection, and if the reasons are tenable, rule to suspend the execution of the subject matter; If the reason is untenable, the ruling shall be rejected. If an outsider or a party to a case refuses to accept the ruling and believes that the original judgment or ruling is wrong, it shall be handled in accordance with the procedure for trial supervision; If it has nothing to do with the original judgment or order, it may bring a lawsuit to the people's court within 15 days from the date of service of the ruling.

Article 235 The execution work shall be carried out by the executor.

When a compulsory enforcement measure is taken, the enforcement officer shall produce his certificate. After the execution is completed, a written record of the execution shall be made, which shall be signed or sealed by the relevant personnel present.

The people's court may, when necessary, establish an enforcement agency.

Article 236 If the person or property subjected to execution is in another place, the local people's court may be entrusted with the execution. The entrusted people's court must start execution within 15 days after receiving the letter of entrustment and may not refuse. After the completion of the execution, the entrusting people's court shall promptly notify the entrusting people's court of the result of the execution by letter; If the execution has not been completed within 30 days, the entrusting people's court shall also notify the entrusting people's court of the execution by letter.

If the entrusted people's court fails to execute within 15 days after receiving the letter of entrustment, the entrusting people's court may request the people's court at a higher level of the entrusted people's court to instruct the entrusted people's court to execute.

Article 237 In the course of execution, if the parties reach an agreement through reconciliation on their own, the executor shall record the contents of the agreement in a written record, which shall be signed or sealed by both parties.

If the person applying for enforcement reaches a settlement agreement with the person subjected to enforcement due to fraud or coercion, or the parties fail to perform the settlement agreement, the people's court may, upon the application of the parties, resume the execution of the original effective legal document.

Article 238 In the course of execution, if the person subjected to execution provides a guarantee to the people's court, and with the consent of the person applying for execution, the people's court may decide to suspend the execution and the time limit for the suspension. If the person subjected to execution still fails to perform within the time limit, the people's court shall have the power to enforce the property guaranteed by the person subjected to execution or the property of the guarantor.

Article 239 If a citizen subjected to execution dies, his debts shall be repaid from his estate. If the legal person or other organization as the person subjected to execution terminates, the successor of its rights and obligations shall perform its obligations.

Article 240 After the completion of execution, if the judgment, written order or other legal documents on which the execution is based have definite errors and have been revoked by the people's court, the people's court shall make a written order ordering the person who obtained the property to return the property that has been executed; If they refuse to return, compulsory execution shall be carried out.

Article 241 The provisions of this Part shall apply to the execution of the conciliation statement made by the people's court.

Article 242 The People's Procuratorates shall have the power to exercise legal supervision over civil enforcement activities.

Chapter 20 Application for Execution and Transfer

Article 243 The parties must comply with a legally effective civil judgment or order. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the judge may transfer the case to the enforcement officer for enforcement.

The parties must implement the mediation statement and other legal documents that should be executed by the people's court. If one party refuses to perform, the other party may apply to the people's court for enforcement.

Article 244 If one party fails to comply with the award of an arbitration institution established according to law, the other party may apply to the people's court that has jurisdiction for enforcement. The people's court that receives the application shall execute it.

The people's court shall, after examination and verification by a collegial panel, rule not to enforce the arbitration award if the respondent provides evidence proving that the arbitration award involves one of the following circumstances:

（1） The parties have no arbitration clause in the contract or have not reached a written arbitration agreement afterwards;

（2） The matters awarded do not fall within the scope of the arbitration agreement or the arbitration institution has no right to arbitrate;

（3） The composition of the arbitration tribunal or the arbitration procedure violates the legal procedure;

（4） The evidence on which the ruling is based is forged;

（5） The other party conceals evidence sufficient to affect the impartiality of the award from the arbitration institution;

（6） An arbitrator commits embezzlement, accepts bribes, engages in malpractices for personal gain, or perverts the law in arbitrating the case.

If the people's court finds that the enforcement of the award is contrary to the public interest, it shall rule not to enforce it.

The written order shall be served on both parties and the arbitration institution.

If an arbitration award is ruled not to be enforced by a people's court, the parties may re apply for arbitration in accordance with the written arbitration agreement reached by both parties, or they may bring a suit in a people's court.

Article 245 If one party fails to comply with the creditor's rights document that has been given enforcement effect by the notary office according to law, the other party may apply to the people's court with jurisdiction for enforcement, and the people's court to which the application is made shall enforce it.

If there is a definite error in the notarization of the credit document, the people's court shall make a ruling not to enforce it and serve the ruling on both parties and the notary office.

Article 246 The period for applying for enforcement is two years. The provisions of the law on the suspension and interruption of the limitation of action shall apply to the suspension and interruption of the time limit for applying for enforcement.

The period specified in the preceding paragraph shall be counted from the last day of the period of performance specified in the legal document; If the legal document stipulates that the performance shall be carried out by stages, it shall be calculated from the date when the last period of performance expires; If a legal document does not specify a period of performance, it shall be calculated from the date when the legal document comes into force.

Article 247 Upon receiving an application for execution or a letter of transfer for execution, the execution officer shall send a notice of execution to the person subjected to execution, and may immediately take enforcement measures.

Chapter XXI Implementation Measures

Article 248 Where the person subjected to execution fails to perform the obligations specified in the legal document in accordance with the execution notice, he shall report on his property at present and in the year preceding the date of receipt of the execution notice. If the person subjected to execution refuses to report or makes a false report, the people's court may, according to the seriousness of the case, fine or detain the person subjected to execution or his legal representative, the main person in charge of the relevant unit or the person directly responsible.

Article 249 If the person subjected to execution fails to perform the obligations specified in the legal document in accordance with the execution notice, the people's court shall have the right to inquire the relevant units about the person subjected to execution's deposits, bonds, stocks, fund units and other property. The people's court shall have the power to distrain, freeze, transfer and change the property of the person subjected to execution according to different circumstances. The property inquired, distrained, frozen, allocated and liquidated by the people's court shall not exceed the scope of the obligations that the person subjected to execution should perform.

When the people's court decides to distrain, freeze, allocate or change the value of property, it shall make a ruling and issue a notice of assistance in execution, which must be handled by the relevant units.

Article 250 If the person subjected to execution fails to perform the obligations specified in the legal document in accordance with the execution notice, the people's court shall have the power to withhold or withdraw part of the income of the person subjected to execution from performing his obligations. However, the necessary living expenses of the person subjected to execution and his dependent family members shall be retained.

When withholding or withdrawing income, the people's court shall make a ruling and issue a notice of assistance in execution, which must be handled by the unit to which the person subjected to execution belongs, banks, credit cooperatives and other units with savings business.

Article 251 If the person subjected to execution fails to perform the obligations specified in the legal document in accordance with the execution notice, the people's court shall have the power to seal up, distrain, freeze, auction or sell off part of the property of the person subjected to execution that should perform his obligations. However, the necessities of life of the person subjected to execution and his dependant family members shall be kept.

When adopting the measures mentioned in the preceding paragraph, the people's court shall make a ruling.

Article 252 When a people's court seals up or distrains property, if the person subjected to execution is a citizen, it shall notify the person subjected to execution or an adult member of his family to be present; If the person subjected to execution is a legal person or other organization, its legal representative or principal person in charge shall be notified to be present. The refusal to be present shall not affect the execution. If the person subjected to execution is a citizen, his work unit or the grass-roots organization in the place where his property is located shall send people to participate.

The execution officer must make a list of the sealed up or distrained property, which shall be signed or sealed by the person on the scene before being handed over to the person subjected to execution. If the person subjected to execution is a citizen, a copy may also be given to an adult member of his family.

Article 253 The execution officer may designate the person subjected to execution to take care of the sealed up property. Losses caused by the fault of the person subjected to execution shall be borne by the person subjected to execution.

Article 254 After the property is sealed up or distrained, the execution officer shall order the person subjected to execution to perform the obligations specified in the legal document within a specified period of time. If the person subjected to execution fails to perform within the time limit, the people's court shall auction the sealed up or distrained property; If it is not suitable for auction or both parties agree not to auction, the people's court may entrust relevant units to sell it or sell it by itself. Articles prohibited by the State from free trade shall be delivered to the relevant units for purchase at the prices set by the State.

Article 255 If the person subjected to execution fails to perform the obligations specified in the legal document and conceals his property, the people's court shall have the power to issue a search warrant to search the person subjected to execution and his domicile or the place where the property is concealed.

When the measures mentioned in the preceding paragraph are taken, the president of the court shall sign and issue a search warrant.

Article 256 The property or negotiable instruments to be delivered as specified in a legal document shall be delivered in person by the two parties summoned by the execution officer or handed over by the execution officer and signed by the person to be delivered.

If the relevant unit holds the property or tickets, it shall hand them over according to the notice of the people's court for assistance in execution, and the person to whom they are delivered shall sign for them.

If the citizen concerned holds such property or negotiable instruments, the people's court shall notify him to hand them over. If he refuses to hand over the goods, compulsory execution shall be carried out.

Article 257 Compulsory eviction from a house or land shall be announced by the president of the court, who shall order the person subjected to execution to comply within a specified period of time. If the person subjected to execution fails to perform within the time limit, the execution officer shall enforce the execution.

At the time of compulsory execution, if the person subjected to execution is a citizen, he or an adult member of his family shall be notified to be present; If the person subjected to execution is a legal person or other organization, its legal representative or principal person in charge shall be notified to be present. The refusal to be present shall not affect the execution. If the person subjected to execution is a citizen, his work unit or the grass-roots organization in the place where the house or land is located shall send people to participate. The executor shall make a record of the compulsory execution, which shall be signed or sealed by the persons present.

The people's court shall send someone to transport the removed property to the designated place and deliver it to the person subjected to execution. If the person subjected to execution is a citizen, it may also be handed over to an adult member of his family. The losses caused by the refusal of acceptance shall be borne by the person subjected to execution.

Article 258 If, in the course of execution, it is necessary to go through the formalities for the transfer of relevant property certificates, the people's court may issue a notice of assistance in execution to the relevant units, which must go through the formalities.

Article 259 If the person subjected to execution fails to perform the act specified in a judgment, order or other legal document in accordance with the execution notice, the people's court may enforce the act or entrust the relevant unit or other person to complete it, and the expenses shall be borne by the person subjected to execution.

Article 260 If the person subjected to execution fails to perform his obligation to pay money within the period specified in the judgment, written order or other legal documents, he shall pay twice the interest on the debt for the period of delayed performance. If the person subjected to execution fails to perform other obligations within the period specified in the judgment, ruling or other legal documents, he shall pay a penalty for delay in performance.

Article 261 If the person subjected to execution is still unable to repay his debts after the people's court has taken the enforcement measures prescribed in Articles 242, 243 and 244 of this Law, he shall continue to perform his obligations. If the creditor finds that the person subjected to execution has other property, he may request the people's court to enforce at any time.

Article 262 If the person subjected to execution fails to perform his obligations specified in the legal document, the people's court may take or notify the relevant units to assist in taking measures to restrict his exit from the country, record in the credit information system, publish the information about his failure to perform his obligations through the media, and other measures prescribed by law.

Chapter XXII Suspension and Termination of Execution

Article 263 The people's court shall rule to suspend execution under any of the following circumstances:

（1） The applicant indicates that the execution can be postponed;

（2） An outsider raises a justified objection to the subject matter of execution;

（3） When a citizen who is a party dies, it is necessary to wait for the heir to inherit the rights or assume the obligations;

（4） The legal person or other organization as a party terminates, and the successor of rights and obligations has not been determined;

（5） Other circumstances under which the people's court deems it necessary to suspend execution.

The execution shall resume after the suspension disappears.

Article 264 Under any of the following circumstances, the people's court shall rule to terminate execution:

（1） The applicant withdraws the application;

（2） The legal document on which the execution is based is revoked;

（3） The citizen who is the person subjected to execution dies, and there is no inheritance for execution and no person to assume obligations;

（4） The obligee in a case of recourse for alimony, maintenance or upbringing dies;

（5） The citizen subjected to execution is unable to repay the loan due to living difficulties, has no source of income, and loses the ability to work;

（6） Other circumstances under which the people's court deems it necessary to terminate execution.

Article 265 An order for suspension or termination of execution shall take effect immediately after it is served on the parties.

Part IV Special Provisions for Foreign related Civil Procedure

Chapter 23 General Principles

Article 266 The provisions of this Part shall apply to civil actions involving foreign elements within the territory of the People's Republic of China. Where there are no provisions in this Part, other relevant provisions of this Law shall apply.

Article 267 If an international treaty concluded or acceded to by the People's Republic of China contains provisions different from those of this Law, the provisions of the international treaty shall apply, except for the provisions on which the People's Republic of China has declared reservations.

Article 268 Civil actions brought against foreigners, foreign organizations or international organizations that enjoy diplomatic privileges and immunities shall be handled in accordance with the relevant laws of the People's Republic of China and the provisions of international treaties concluded or acceded to by the People's Republic of China.

Article 269 In trying civil cases involving foreign elements, the people's courts shall use the language and written language commonly used in the People's Republic of China. If the party concerned requests to provide translation, it may do so, and the cost shall be borne by the party concerned.

Article 270 If foreigners, stateless persons, foreign enterprises and organizations need to entrust lawyers to represent them in bringing or responding to an action in a people's court, they must entrust lawyers of the People's Republic of China.

Article 271 The power of attorney mailed or entrusted from outside the territory of the People's Republic of China by a foreigner, stateless person, foreign enterprise or organization who has no domicile within the territory of the People's Republic of China to entrust a lawyer or other person of the People's Republic of China to act as agent ad litem shall be certified by a notary office of the country where the person is located and authenticated by the embassy or consulate of the People's Republic of China stationed in that country, Or the certification procedures stipulated in the relevant treaties concluded between the People's Republic of China and the host country shall be fulfilled before they become effective.

Chapter XXIV Jurisdiction

Article 272 If a lawsuit is brought against a defendant who has no domicile within the territory of the People's Republic of China due to a dispute over a contract or other dispute over property rights and interests, and the contract is signed or performed within the territory of the People's Republic of China, or the subject matter of the lawsuit is within the territory of the People's Republic of China, or the defendant has property available for seizure within the territory of the People's Republic of China, Or if the defendant has a representative office within the territory of the People's Republic of China, it may be under the jurisdiction of the people's court of the place where the contract is signed, the place where the contract is performed, the place where the object of action is located, the place where the distrainable property is located, the place where the tort is committed, or the place where the representative office is located.

Article 273 A lawsuit brought on a dispute arising from the performance of a contract for a Chinese foreign equity joint venture, a Chinese foreign contractual joint venture or a Chinese foreign cooperative exploration and development of natural resources in the People's Republic of China shall be under the jurisdiction of the people's court of the People's Republic of China.

Chapter XXV Service and Period

Article 274 The people's court may serve litigation documents on a party who has no domicile within the territory of the People's Republic of China in the following ways:

（1） The service shall be effected in the manner specified in the international treaties concluded or acceded to by the country where the addressee is located and the People's Republic of China;

（2） Served through diplomatic channels;

（3） If the person on whom the service is to be made has the nationality of the People's Republic of China, the service may be entrusted to the embassy or consulate of the People's Republic of China stationed in the country where the person on whom the service is to be made is located;

（4） Serve on the agent ad litem entrusted by the person on whom the service is to be made who has the right to accept the service on his behalf;

（5） To the representative office established by the addressee within the territory of the People's Republic of China or the branch office or business agent that has the right to accept the service;

（6） If the law of the country where the addressee is located allows service by mail, service may be made by mail. If the receipt of service has not been returned after three months from the date of mailing, but the circumstances are sufficient to determine that service has been made, service shall be deemed to have been made on the date when the period expires;

（7） It shall be delivered by fax, e-mail and other means that can confirm the receipt of the addressee;

（8） If the above methods cannot be used for service, service by public announcement shall be deemed to have been completed at the end of three months from the date of the public announcement.

Article 275 If a defendant has no domicile within the territory of the People's Republic of China, the people's court shall serve a copy of the bill of complaint on the defendant and notify him to submit his defence within 30 days after receiving the copy of the bill of complaint. If the defendant applies for an extension, the people's court shall decide whether to grant it.

Article 276 If a party who has no domicile within the territory of the People's Republic of China refuses to accept a judgment or order of a people's court of first instance, he shall have the right to file an appeal within 30 days of the service of the written judgment or order. The appellee shall submit his defence within 30 days after receiving the copy of the appeal petition. If a party is unable to file an appeal or submit a defence within the statutory time limit and applies for an extension, the people's court shall decide whether to grant it.

Article 277 The time limit for the people's court to try civil cases involving foreign elements shall not be subject to the provisions of Articles 149 and 176 of this Law.

Chapter XXVI Arbitration

Article 278 Where a dispute arises in the course of foreign-related economy, trade, transportation or maritime affairs and the parties have concluded an arbitration clause in the contract or have subsequently reached a written arbitration agreement and submitted it to a foreign-related arbitration institution of the People's Republic of China or another arbitration institution for arbitration, the parties may not bring a suit in a people's court.

If there is no arbitration clause in the contract or no written arbitration agreement is reached afterwards, the parties may bring a suit in a people's court.

Article 279 If a party applies for preservation, the arbitration institution of the People's Republic of China concerning foreign affairs shall submit the party's application to the intermediate people's court of the place where the respondent has his domicile or where his property is located for a ruling.

Article 280 A party may not bring a suit in a people's court after an award has been made by an arbitration institution of the People's Republic of China dealing with foreign affairs. If one party fails to perform the arbitration award, the other party may apply to the intermediate people's court in the place where the respondent has his domicile or where his property is located for enforcement.

Article 281 A people's court shall, after examination and verification by a collegial panel, rule not to enforce an award made by an arbitration institution of the People's Republic of China involving foreign elements if the respondent provides evidence proving that the arbitration award involves one of the following circumstances:

（1） The parties have no arbitration clause in the contract or have not reached a written arbitration agreement afterwards;

（2） The respondent has not been notified of the appointment of an arbitrator or of the arbitration proceedings, or has failed to state its views for other reasons not attributable to the respondent;

（3） The composition of the arbitration tribunal or the arbitration procedure is inconsistent with the arbitration rules;

（4） The matters awarded do not fall within the scope of the arbitration agreement or the arbitration institution has no right to arbitrate.

If the people's court finds that the enforcement of the award is contrary to the public interest, it shall rule not to enforce it.

Article 282 If an arbitration award is ruled not to be enforced by a people's court, the parties may apply for arbitration again in accordance with the written arbitration agreement reached by both parties, or they may bring a suit in a people's court.

Chapter 27 Judicial Assistance

Article 283 In accordance with the international treaties concluded or acceded to by the People's Republic of China or the principle of reciprocity, the people's courts and foreign courts may request each other to serve documents, investigate and collect evidence and conduct other litigation acts on their behalf.

If the matter requested by a foreign court is detrimental to the sovereignty, security or social and public interests of the People's Republic of China, the people's court shall not execute it.

Article 284 Requests for and provision of judicial assistance shall be made through the channels provided for in the international treaties concluded or acceded to by the People's Republic of China; If there is no treaty relationship, it shall be conducted through diplomatic channels.

Foreign embassies and consulates stationed in the People's Republic of China may serve documents, investigate and collect evidence on their citizens, but they may not violate the laws of the People's Republic of China and may not take coercive measures.

Except for the circumstances specified in the preceding paragraph, no foreign organ or individual may serve documents, investigate and collect evidence within the territory of the People's Republic of China without the permission of the competent authorities of the People's Republic of China.

Article 285 The letter of request of a foreign court requesting the people's court to provide judicial assistance and the documents attached thereto shall be accompanied by a Chinese translation or a text in any other language specified in an international treaty.

The letter of request of the people's court for judicial assistance from a foreign court and the documents attached thereto shall be accompanied by a translation in the language of that country or in other languages as stipulated by international treaties.

Article 286 The people's courts shall provide judicial assistance in accordance with the procedures prescribed by the laws of the People's Republic of China. If a foreign court requests a special way, it may also do so in accordance with the special way requested, but the special way requested shall not violate the laws of the People's Republic of China.

Article 287 If a party applies for enforcement of a legally effective judgment or order made by a people's court and the person subjected to enforcement or his property is not within the territory of the People's Republic of China, the party may directly apply to the foreign court with jurisdiction for recognition and enforcement, The people's court may also request recognition and enforcement by a foreign court in accordance with the provisions of international treaties concluded or acceded to by the People's Republic of China, or in accordance with the principle of reciprocity.

If a party applies for enforcement of a legally effective arbitral award made by a foreign arbitration institution of the People's Republic of China, if the person subjected to enforcement or his property is not within the territory of the People's Republic of China, the party shall directly apply to the foreign court with jurisdiction for recognition and enforcement.

Article 288 If a legally effective judgment or written order made by a foreign court requires recognition and enforcement by a people's court of the People's Republic of China, the party concerned may directly apply to the intermediate people's court of the People's Republic of China that has jurisdiction for recognition and enforcement, or the foreign court may, in accordance with the provisions of the international treaties concluded or acceded to by that country and the People's Republic of China, Or, according to the principle of reciprocity, request the people's court to recognize and enforce.

Article 289 If the people's court, after reviewing the application or request for recognition and enforcement of a legally effective judgment or order made by a foreign court in accordance with the international treaties concluded or acceded to by the People's Republic of China, or in accordance with the principle of reciprocity, considers that it does not violate the basic principles of the laws of the People's Republic of China or the sovereignty, security, social and public interests of the country, The ruling shall recognize its validity, and if enforcement is necessary, an order of enforcement shall be issued, which shall be executed in accordance with the relevant provisions of this Law. Those who violate the basic principles of the laws of the People's Republic of China or the state sovereignty, security, social and public interests shall not be recognized and implemented.

Article 290 If an award made by a foreign arbitration institution needs to be recognized and enforced by a people's court of the People's Republic of China, the party concerned shall directly apply to the intermediate people's court in the place where the person subjected to enforcement has his domicile or where his property is located, and the people's court shall handle it in accordance with the international treaties concluded or acceded to by the People's Republic of China or the principle of reciprocity.

Article 291 This Law shall enter into force as of January 1, 2022. The Civil Procedure Law of the People's Republic of China (for trial implementation) shall be repealed at the same time.