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中华人民共和国民事诉讼法(三)

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  Article 179 If an application made by a party meets any of the following conditions, the people's court shall retry the case:

  (1) there is sufficient new evidence to set aside the original judgment or written order;

  (2) the main evidence on which the facts were ascertained in the original judgment or written order was insufficient;

  (3) there was definite error in the application of the law in the original judgment or written order;

  (4) there was violation by the people's court of the legal procedure which may have affected the correctness of the judgment or written order in the case; or

  (5) the judicial officers have committed embezzlement, accepted bribes, done malpractices for personal benefits and perverted the law in the adjudication of the case.

  The people's court shall reject the application that meets none of the conditions specified above.

  Article 180 With respect to a legally effective conciliation statement, if evidence furnished by a party proves that the conciliation violates the principle of voluntariness or that the content of the conciliation agreement violates the law, the party may apply for a retrial. If the foregoing proves true after its examination, the people's court shall retry the case.

  Article 181 With respect to a legally effective judgment on dissolution of marriage, neither of the two parties shall apply for a retrial.

  Article 182 Application for a retrial made by a party must be submitted within two years after the judgment or written order becomes legally effective.

  Article 183 When a decision is made to retry a case in accordance with the procedure for trial supervision, the execution of the original judgment shall be suspended by a written order which shall be signed by the president of the court with the seal of the people's court affixed to it.

  Article 184 With respect to a case pending retrial by a people's court in accordance with the procedure for trial supervision, if the legally effective judgment or written order was made by a court of first instance, the case shall be tried in accordance with the procedure of first instance, and the parties concerned may appeal against the new judgment or order; if the legally effective judgment or written order was made by a court of second instance, the case shall be tried in accordance with the procedure of second instance, and the new judgment or written order shall be legally effective; if it is a case which was brought up for trial by a people's court at a higher level, it shall be tried in accordance with the procedure of second instance, and the new judgment or written order shall be legally effective.

  The people's court shall form a new collegial panel for the purpose of the retrial.

  Article 185 If the Supreme People's Procuratorate finds that a legally effective judgment or written order made by a people's court at any level involves any of the following circumstances, or if a people's procuratorate at a higher level finds that a legally effective judgment or written order made by a people's court at a lower level involves any of the following circumstances, the Supreme People's Procuratorate or the people's procuratorate at a higher level shall respectively lodge a protest in accordance with the procedure for trial supervision:

  (1) the main evidence for ascertaining the facts in the previous judgment or written order was insufficient;

  (2) there was a definite error in the application of the law in the previous judgment or written order;

  (3) there was violation by the people's court of the legal procedure which may have affected the correctness of the judgment or written order; or

  (4) the judicial officers have committed embezzlement, accepted bribes, done malpractice for personal benefits and perverted the law in the trial of the case. If a local people's procuratorate at any level finds that a legally effective judgment or written order made by a people's court at the corresponding level involves any of the circumstances specified above, it shall refer the matter to the people's procuratorate at a higher level with the request that a protest be lodged by the latter in accordance with the procedure for trial supervision.

  Article 186 Cases in which protest was made by the people's procuratorate shall be retried by the people's court.

  Article 187 When a people's procuratorate decides to lodge a protest against a judgment or written order made by a people's court, it shall make the protest in writing.

  Article 188 The people's court shall, in retrying a case in which protest was lodged by a people's procuratorate, notify the procuratorate to send representatives to attend the court session.

  Chapter XVII Procedure for Hastening Debt Recovery

  Article 189 When a creditor requests payment of a pecuniary debt or recovery of negotiable instruments from a debtor, he may, if the following requirements are met, apply to the basic people's court that has jurisdiction for an order of payment:

  (1) no other debt disputes exist between the creditor and the debtor; and

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

  The application shall clearly state the requested amount of money or of the negotiable instruments and the facts and evidence on the basis of which the application is made.

  Article 190 After the creditor has submitted his application, the people's court shall within five days inform the creditor whether it accepts the application or not.

  Article 191 After accepting the application and upon examination of the facts and evidence provided by the creditor, the people's court shall, if the rights and obligations relationship between the creditor and the debtor is clear and legitimate, issue within 15 days after accepting the application an order of payment to the debtor; if the application is unfounded, the people's court shall make an order to reject it.

  The debtor shall, within 15 days after receipt of the order of payment, clear off his debts or submit to the people's court his dissent in writing.

  If the debtor has neither dissented from nor complied with the order of payment within the period specified in the preceding paragraph, the creditor may apply to the people's court for execution.

  Article 192 The people's court shall, on receiving the dissent in writing submitted by the debtor, make an order to terminate the procedure for hastening debt recovery and the order of payment shall of itself be invalidated. The creditor may bring an action in the people's court.

  Chapter XVIII Procedure for Publicizing Public Notice for Assertion of Claims

  Article 193 Any holder of a bill transferable by endorsement according to the law may, if the bill is stolen, lost, or destroyed, apply to the basic people's court of the place where the bill is to be paid for publication of public notice for assertion of claims. The provisions of this Chapter shall apply to other matters for which, according to the law, an application for publication of a public notice for assertion of claims may be made. The applicant shall submit to the people's court an application which clearly states the main contents of the bill such as the face amount, the drawer, the holder, the endorser, and the facts and reasons in respect of the application.

  Article 194 The people's court shall, upon deciding to accept the application, notify the pay or concerned in the meantime to suspend the payment, and shall, within three days, issue a public notice for the interested parties to assert their rights. The period of the public notice shall be decided at the discretion of the people's court; however, it shall not be less than 60 days.

  Article 195 The pay or shall, upon receiving the notification by the people's court to suspend the payment, do so accordingly till the conclusion of the procedure for publicizing a public notice for assertion of claims.

  Within the period of the public notice, assignment of rights on the bill shall be void.

  Article 196 Interested party or parties as claimants shall report their claims to the people's court within the period of the public notice.

  After receiving the report on the claims by interested party or parties, the people's court shall make a written order to terminate the procedure for publicizing public notice for assertion of claims, and notify the applicant and the pay or.

  The applicant or the claimants may bring an action in the people's court.

  Article 197 If no claim is asserted, the people's court shall make a judgment on the basis of the application to declare the bill in question null and void. The judgment shall be published and the pay or notified accordingly. As of the date of publication of the judgment, the applicant shall be entitled to payment by the pay or.

  Article 198 If an interested party for justified reasons was unable to submit his claim to the people's court before the judgment is made, he may, within one year after the day he knows or should know the publication of the judgment, bring an action in the people's court which has made the judgment.

  Chapter XIX Procedure for Bankruptcy and Debt Repayment of Legal Person Enterprises

  Article 199 If a legal person enterprise has suffered serious losses and is unable to repay the debts at maturity, the creditors may apply to a people's court for declaring the debtor bankrupt for debts to be repaid; the debtor may likewise apply to a people's court for declaring bankruptcy for debts to be repaid.

  Article 200 After making an order to declare the initiation of the bankruptcy and debt repayment proceedings, the people's court shall notify the debtor and the known creditors within ten days and also make a public announcement.

  Creditors who have been notified shall, within 30 days after receiving the notice, and those who have not been notified shall, within three months after the date of the announcement, lodge their claims with the people's court. Creditors who fail to lodge their claims during the respective periods shall be deemed to have abandoned their rights. Creditors may organize a creditors' meeting to discuss and approve of a formula for the disposition and distribution of bankrupt property, or for a composition agreement.

  Article 201 The people's court may appoint a liquidation commission formed by relevant state organs and persons concerned. The liquidation commission shall take charge of the custody of the bankrupt property, its liquidation, assessment, disposition and distribution. The liquidation commission may also engage in necessary activities of a civil nature according to the law.

  The liquidation commission shall be responsible and report its work to the people's court.

  Article 202 If the legal person enterprise and the creditors reach a composition agreement, the people's court shall, after approving the agreement, make a public announcement of it and terminate the bankruptcy and debt repayment proceedings. The composition agreement shall be legally effective as of the date of the public announcement.

  Article 203 With respect to the property mortgaged or otherwise used as security for bank loans or other obligations, the bank and other creditors shall have priority in the repayment of debts as regards the property mortgaged or used as security for other kinds of obligations. If the money value of the property mortgaged or used as security for other kinds of obligations exceeds the amount of loans secured, the surplus shall go to the bankrupt property for debt repayment.

  Article 204 After deduction of bankruptcy proceedings expenses from the bankrupt property, first repayment shall be made in the following order of priority:

  (1) wages and salaries of staff and workers and labour insurance expenses that are owned by the bankrupt enterprise;

  (2) taxes owed by the bankrupt enterprise; and

  (3) claims by creditors in the bankruptcy proceedings.

  Where the bankrupt property is insufficient to meet the repayment claims of the same order of priority, it shall be distributed on a pro-rata basis.

  Article 205 The debt repayment of a bankrupt legal person enterprise shall be under the jurisdiction of the people's court of the place where the legal person enterprise is located.

  Article 206 The provisions of the Law of the People's Republic of China on Enterprise Bankruptcy shall apply to bankruptcy and debt repayment of enterprises owned by the whole people.

  The provisions of this Chapter shall not apply to non-legal person enterprises, individual businesses, lease holding farm households and partnerships by private individuals.

  PART THREE PROCEDURE OF EXECUTION

  Chapter XX General Provisions

  Article 207 Legally effective judgments or written orders in civil cases, as well as the parts of judgments or written orders that relate to property in criminal cases, shall be executed by the people's court of first instance.

  Other legal documents which are to be executed by a people's court as prescribed by the law shall be executed by the people's court of the place where the person subjected to execution has his domicile or where the property subject to execution is located.

  Article 208 If, in the course of execution, an outsider raises an objection with respect to the object subjected to execution, the execution officer shall examine the objection in accordance with the procedure prescribed by the law. If the reasons for the objection are untenable, the objection shall be rejected; if otherwise, execution shall be suspended with the approval of the president of the court. If definite error is found in the judgment or the written order, it shall be dealt with in accordance with the procedure for trial supervision.

  Article 209 Execution work shall be carried out by the execution officer.

  When carrying out a compulsory execution measure, the execution officer shall produce his credentials. After the execution is completed, the execution officer shall make a record of the particulars of the execution, and have it signed or sealed by the persons concerned on the scene.

  The basic people's court and the intermediate people's court may, when necessary, establish execution organs, whose functions shall be defined by the Supreme People's Court.

  Article 210 If a person or property subjected to execution is in another locality, the people's court in that locality may be entrusted with the carrying out of the execution. The entrusted people's court shall begin the execution within 15 days after receiving a letter of entrustment and shall not refuse to do so. After the execution has been completed, the entrusted people's court shall promptly inform the entrusting people's court, by letter, of the result of the execution. If the execution has not been completed within 30 days, the entrusted people's court shall also inform the entrusting people's court, by letter, of the particulars of the execution.

  If the entrusted people's court does not carry out the execution within 15 days after receiving the letter of entrustment, the entrusting people's court may request the people's court at a higher level over the entrusted people's court to instruct the entrusted people's court to carry out the execution.

  Article 211 If in the course of execution the two parties become reconciled and reach a settlement agreement on their own initiative, the execution officer shall make a record of the contents of the agreement, and both parties shall affix their signatures or seals to the record.

  If either party fails to fulfil the settlement agreement, the people's court may, at the request of the other party, resume the execution of the legal document which was originally effective.

  Article 212 In the course of execution, if the person subjected to execution provides

  a guaranty, the people's court may, with the consent of the person who has applied for execution, decide on the suspension of the execution and the time limit for such suspension. If the person subjected to execution still fails to perform his obligations after the time limit, the people's court shall have the power to execute the property he provided as security or the property of the guarantor.

  Article 213 If the citizen subjected to execution dies, his debts shall be paid off from the deceased estate; if a legal person or any other organization subjected to execution dissolves, the party that succeeds to its rights and obligations shall fulfil the obligations.

  Article 214 After the completion of execution, if definite error is found in the executed judgment, written order or other legal documents resulting in the annulment of such judgment, order or legal documents by the people's court, the said court shall, with respect to the property which has been executed, make a written order that persons who have obtained the property shall return it. In the event of refusal to return such property, compulsory execution shall be carried out.

  Article 215 The provisions of this Part shall be applicable to the execution of the conciliation statement as drawn up by the people's court.

  Chapter XXI Application for Execution and Referral

  Article 216 The parties concerned must comply with legally effective judgments or written orders in civil cases. If a party refuses to do so, the other party may apply to the people's court for execution, or the judge may refer the matter to the execution officer for enforcement.

  The parties concerned must comply with the conciliation statement and other legal documents that are to be executed by the people's court. If a party refuses to do so, the other party may apply to the people's court for enforcement.

  Article 217 If a party fails to comply with an award of an arbitral organ established according to the law, the other party may apply for execution to the people's court which has jurisdiction over the case. The people's court applied to shall enforce the award.

  If the party against whom the application is made furnishes proof that the arbitral award involves any of the following circumstances, the people's court shall, after examination and verification by a collegial panel, make a written order not to allow the enforcement:

  (1) the parties have had no arbitration clause in their contract, nor have subsequently reached a written agreement on arbitration;

  (2) the matters dealt with by the award fall outside the scope of the arbitration agreement or are matters which the arbitral organ has no power to arbitrate;

  (3) the composition of the arbitration tribunal or the procedure for arbitration contradicts the procedure prescribed by the law;

  (4) the main evidence for ascertaining the facts is insufficient;

  (5) there is definite error in the application of the law; or

  (6) the arbitrators have committed embezzlement, accepted bribes or done malpractice for personal benefits or perverted the law in the arbitration of the case.

  If the people's court determines that the execution of the arbitral award is against the social and public interest, it shall make an order not to allow the execution.

  The above-mentioned written order shall be served on both parties and the arbitral organ.

  If the execution of an arbitral award is disallowed by a written order of the people's court, the parties may, in accordance with a written agreement on arbitration reached between them, apply for arbitration again; they may also bring an action in a people's court.

  Article 218 If a party fails to comply with a document evidencing the creditor's rights made enforceable according to the law by a notary office, the other party may apply to the people's court which has jurisdiction over the case for execution. The people's court applied to shall enforce such document.

  If the people's court finds definite error in the document of creditor's rights, it shall make an order not to allow the execution and serve the order on both parties concerned as well as the notary office.

  Article 219 The time limit for the submission of an application for execution shall be one year, if both or one of the parties are citizens; it shall be six months if both parties are legal persons or other organizations.

  The above-mentioned time limit shall be calculated from the last day of the period of performance specified by the legal document. If the legal document specifies performance in stages, the time limit shall be calculated from the last day of the period specified for each stage of performance.

  Article 220 The execution officer shall, after receiving the application for execution or the writ of referral directing execution, send an execution notice to the person subjected to execution, instructing him to comply within the specified time. If the person fails to comply accordingly, compulsory execution shall be carried out.

  Chapter XXII Execution Measures

  Article 221 If the person subjected to execution fails to fulfil according to the execution notice the obligations specified in the legal document, the people's court shall be empowered to make inquiries with banks, credit cooperatives or other units that deal with savings deposit into the deposit accounts of the person subjected to execution, and shall be empowered to freeze or transfer his deposits; however, the inquiries, freezing or transfer of the deposits shall not exceed the scope of the obligations to be fulfilled by the person subjected to execution.

  The people's court shall, in deciding to freeze or transfer a deposit, make a written order and issue a notice for assistance in execution.

  Banks, credit cooperatives or other units that deal with savings deposit must comply with it.

  Article 222 If the person subjected to execution fails to fulfil according to the execution notice the obligations specified in the legal document, the people's court shall be empowered to withhold or withdraw part of the income of the person subjected to execution, for the fulfillment of his obligations. However, it shall leave out the necessary living expenses for the person subjected to execution and his dependant family members.

  The people's court shall, when withholding or withdrawing the income, make a written order and issue a notice for assistance in execution. The unit in which the person subjected to execution works, banks, credit cooperatives or other units that deal with savings deposit must comply with the notice.

  Article 223 If the person subjected to execution fails to fulfil according to the execution notice the obligations specified in the legal document, the people's court shall be empowered to seal up, distrain, freeze, sell by public auction, or sell off part of the property of the person subjected to execution for the fulfillment of his obligations. However, it shall leave out the necessaries of life for the person subjected to execution and his dependant family members.

  The people's court shall make an order for the adoption of the measures specified in the preceding paragraph.

  Article 224 When the people's court seals up or distrains a property, it shall, if the person subjected to execution is a citizen, notify him or an adult member of his family to appear on the scene; if the party subjected to execution is a legal person or any other organization, it shall notify its legal representatives or its principal heads to be present. Their refusal to appear on the scene shall not hinder the execution. If the person subjected to execution is a citizen, his unit or the grass-roots organization of the place where his property is located shall send a representative to attend the execution.

  An inventory of the sealed-up or distrained property must be made by the execution officer and, after the inventory has been signed or sealed by the persons on the scene, a copy of it shall be given to the person subjected to execution. If the person subjected to execution is a citizen, another copy may be given to an adult member of his family.

  Article 225 The execution officer may commit the sealed-up property to the person subjected to execution for safekeeping, and the person shall be held responsible for any losses incurred due to his fault.

  Article 226 After a property has been sealed up or distrained, the execution officer shall instruct the person subjected to execution to fulfil, within the prescribed period, the obligations specified in the legal document. If the person has not fulfilled his obligations upon expiration of the period, the people's court may, in accordance with the relevant legal provisions, entrust the relevant units with selling by public auction or selling off the sealed-up or distrained property. Articles which are prohibited from free trading by the State shall be delivered to and purchased by the relevant units at the price fixed by the State.

  Article 227 If the person subjected to execution fails to fulfil his obligations specified in the legal document and conceals his property, the people's court shall be empowered to issue a search warrant and search him and his domicile or the place where the property was concealed.

  In adopting the measure mentioned in the preceding paragraph, the president of the people's court shall sign and issue the search warrant.

  Article 228 With respect to the property or negotiable instruments specified for delivery in the legal document, the execution officer shall summon both parties concerned and deliver them in their presence or the execution officer may forward them to the recipient, who shall sign and give a receipt.

  Any unit concerned that has in possession the property or negotiable instruments shall turn them over to the recipient in accordance with the notice of the people's court for assistance in execution, and the recipient shall sign and give a receipt.

  If any citizen concerned has in possession the property or negotiable instruments, the people's court shall notify him to hand them over. If he refuses to do so, compulsory execution shall be carried out.

  Article 229 Compulsory eviction from a building or a plot of land shall require a public notice signed and issued by the president of a people's court, instructing the person subjected to execution to comply within a specified period of time. If the person subjected to execution fails to do so upon the expiration of the period, compulsory execution shall be carried out by the execution officer.

  When compulsory execution is being carried out, if the person subjected to execution is a citizen, the person or an adult member of his family shall be notified to be present; if the party subjected to execution is a legal person or any other organization, its legal representatives or principal heads shall be notified to be present; their refusal to be present shall not hinder the execution. If the person subjected to execution is a citizen, his work unit or the grass-roots organization in the locality of the building or the plot of land shall send a representative for attendance. The execution officer shall make a record of the particulars of the compulsory execution, with the signatures or seals of the persons on the scene affixed to it.

  The people's court shall assign personnel to transport the property removed in a compulsory eviction from a building to a designated location and turn it over to the person subjected to execution or, if the person is a citizen, to an adult member of his family; if any loss is incurred due to such person's refusal to accept the property, the loss shall be borne by the person subjected to execution.

  Article 230 In the course of execution, if certain formalities for the transfer of certificates of property right need to be gone through, the people's court may issue a notice for assistance in execution to the relevant units, and they must comply with it.

  Article 231 If the person subjected to execution fails to perform acts specified in a judgement or written order or any other legal document according to the execution notice, the people's court may carry out compulsory execution or entrust the task to a relevant unit or other persons, and the person subjected to execution shall bear the expenses thus incurred.

  Article 232 If the person subjected to execution fails to fulfil his obligations with respect to pecuniary payment within the period specified by a judgment or written order or any other legal document, he shall pay double interest on the debt for the belated payment. If the person subjected to execution fails to fulfil his other obligations within the period specified in the judgment or written order or any other legal document, he shall pay a charge for the dilatory fulfillment.

  Article 233 After the adoption of the execution measures stipulated in Articles 221, 222 and 223 of this Law, if the person subjected to execution is still unable to repay the debts, he shall continue to fulfil his obligations.

  If the creditor finds that the person subjected to execution has any other property, he may at any time apply to the people's court for execution.

  Chapter XXIII Suspension and Termination of Execution

  Article 234 The people's court shall make a written order to suspend execution under any of the following circumstances:

  (1) the applicant indicates that the execution may be postponed;

  (2) an outsider raises an obviously reasonable objection to the object of the execution;

  (3) a citizen as one of the parties dies and it is necessary to wait for the successor to inherit the rights of the deceased or to succeed to his obligations;

  (4) a legal person or any other organization as one of the parties dissolves, and the party succeeding to its rights and obligations has not been determined; or

  (5) other circumstances occur under which the people's court deems the suspension of execution necessary.

  Execution shall be resumed when the circumstances warranting the suspension of execution have disappeared.

  Article 235 The people's court shall make a written order to terminate execution under any of the following circumstances:

  (1) the applicant has withdrawn his application;

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

  (3) the citizen subjected to execution dies and there is no estate that may be subjected to execution, nor anyone to succeed to his obligations;

  (4) the person entitled to claim alimony or support for elders or children dies;

  (5) the citizen subjected to execution is too badly off to repay his debts, has no source of income and has lost his ability to work as well; or

  (6) other circumstances occur under which the people's court deems the termination of execution necessary.

  Article 236 A written order to suspend or terminate execution shall become effective immediately after being served on the parties concerned.

  PART FOUR SPECIAL PROVISIONS FOR CIVIL PROCEDURE OF CASES INVOLVING FOREIGN ELEMENT

  Chapter XXIV General Principles

  Article 237 The provisions of this Part shall be applicable to civil proceedings within the territory of the People's Republic of China in regard to cases involving foreign element. Where it is not covered by the provisions of this Part, other relevant provisions of this Law shall apply.

  Article 238 If an international treaty concluded or acceded to by the People's Republic of China contains provisions that differ from provisions of this Law, the provisions of the international treaty shall apply, except those on which China has made reservations.

  Article 239 Civil actions brought against a foreign national, a foreign organization or an international organization that enjoys diplomatic privileges and immunities shall be dealt with in accordance with the relevant law of the People's Republic of China and the provisions of the international treaties concluded or acceded to by the People's Republic of China.

  Article 240 The people's court shall conduct trials of civil cases involving foreign element in the spoken and written language commonly used in the People's Republic of China. Translation may be provided at the request of the parties concerned, and the expenses shall be borne by them.

  Article 241 When foreign nationals, stateless persons or foreign enterprises and organizations need lawyers as agents ad litem to bring an action or enter appearance on their behalf in the people's court, they must appoint lawyers of the People's Republic of China.

  Article 242 Any power of attorney mailed or forwarded by other means from outside the territory of the People's Republic of China by a foreign national, stateless person or a foreign enterprise and organization that has no domicile in the People's Republic of China for the appointment of a lawyer or any other person of the People's Republic of China as an agent ad litem must be notarized by a notarial office in the country of domicile and authenticated by the Chinese embassy or consulate accredited to that country or, for the purpose of verification, must go through the formalities stipulated in the relevant bilateral treaties between China and that country before it becomes effective.

  Chapter XXV Jurisdiction

  Article 243 In the case of an action concerning a contract dispute or other disputes over property rights and interests, brought against a defendant who has no domicile within the territory of the People's Republic of China, if the contract is signed or performed within the territory of the People's Republic of China, or if the object of the action is located within the territory of the People's Republic of China, or if the defendant has distrain able property within the territory of the People's Republic of China, or if the defendant has its representative office within the territory of the People's Republic of China, the people's court of the place where the contract is signed or performed, or where the object of the action is, or where the defendant's distrain able property is located, or where the torts are done, or where the defendant's representative office is located, shall have jurisdiction.

  Article 244 Parties to a dispute over a contract concluded with foreign element or over property rights and interests involving foreign element may, through written agreement, choose the court of the place which has practical connections with the dispute to exercise jurisdiction. If a people's court of the People's Republic of China is chosen to exercise jurisdiction, the provisions of this Law on jurisdiction by forum level and on exclusive jurisdiction shall not be violated.

  Article 245 If in a civil action in respect of a case involving foreign element, the defendant raises no objection to the jurisdiction of a people's court and responds to the action by making his defence, he shall be deemed to have accepted that this people's court has jurisdiction over the case.

  Article 246 Actions brought on disputes arising from the performance of contracts for Chinese-foreign equity joint ventures, or Chinese-foreign contractual joint ventures, or Chinese-foreign cooperative exploration and development of the natural resources in the People's Republic of China shall fall under the jurisdiction of the people's courts of the People's Republic of China.

  Chapter XXVI Service and Time Periods

  Article 247 A people's court may serve litigation documents on a party who has no domicile within the territory of the People's Republic of China in the following ways:

  (1) in the way specified in the international treaties concluded or acceded to by both the People's Republic of China and the country where the person on whom service is to be made resides;

  (2) by making the service through diplomatic channels;

  (3) with respect to the person on whom the service is to be made and who is of the nationality of the People's Republic of China, service may be entrusted to the embassy or consulate of the People's Republic of China accredited to the country where the person resides;

  (4) by making the service on the agent ad litem who is authorized to receive the documents served;

  (5) by serving the documents on the representative office established in the People's Republic of China by the person on whom the service is to be made or on his branch office or business agents there who have the right to receive the documents;

  (6) by making service by mail if the law of the country where the person on whom the service is to be made resides so permits; in the event that the receipt of delivery is not returned six months after the date on which the documents were mailed, and that circumstances justify the assumption that service has been made, the service shall be deemed completed upon the expiration of the said time period; and

  (7) by making service by public notice, if none of the above-mentioned methods can be employed. The service shall be deemed completed six months after the date on which the public notice was issued.

  Article 248 If a defendant has no domicile within the territory of the People's Republic of China, the people's court shall serve a copy of the statement of complaint on the defendant and notify him to submit his defence within 30 days after he receives the copy of the statement of complaint.

  Extension of the period requested by the defendant shall be at the discretion of the people's court.

  Article 249 If a party who has no domicile within the territory of the People's Republic of China is not satisfied with a judgment or written order made by a people's court of first instance, he shall have the right to file an appeal within 30 days from the date the written judgment or order is served. The appellee shall submit his defence within 30 days after receipt of a copy of the appeal petition. If a party who is unable to file an appeal or submit a defence within the period prescribed by the law requests an extension of the period, the people's court shall decide whether to grant it.

  Article 250 The period for the trials of civil cases involving foreign element by the people's court shall not be restricted by the provisions of Articles 135 and 159 of this Law.

  Chapter XXVII Property Preservation

  Article 251 The parties to an action may, in accordance with the provisions of Article 92 of this Law, apply to the people's court for property preservation. Interested parties may, in accordance with the provisions of Article 93 of this Law, apply to the people's court for property preservation before an action is brought.

  Article 252 After a people's court makes an order granting property preservation before litigation, the applicant shall bring an action within 30 days. If he fails to bring the action within the period, the people's court shall cancel the property preservation.

  Article 253 After the people's court makes an order granting property preservation, if the party against whom the application is made provides a guaranty, the people's court shall cancel the property preservation.

  Article 254 If the application is wrongfully made, the applicant shall compensate the party against whom the application is made for losses incurred from the property preservation.

  Article 255 If the property to be preserved by a people's court needs supervision, the court shall notify the unit concerned to be responsible for the supervision, and the party against whom the application is made shall bear the expenses.

  Article 256 The order to cancel the preservation issued by a people's court shall be carried out by an execution officer.

  Chapter XXVIII Arbitration

  Article 257 In the case of a dispute arising from the foreign economic, trade, transport or maritime activities of China, if the parties have had an arbitration clause in the contract concerned or have subsequently reached a written arbitration agreement stipulating the submission of the dispute for arbitration to an arbitral organ in the People's Republic of China handling cases involving foreign element, or to any other arbitral body, they may not bring an action in a people's court. If the parties have not had an arbitration clause in the contract concerned or have not subsequently reached a written arbitration agreement, they may bring an action in a people's court.

  Article 258 If a party has applied for property preservation measures, the arbitral organ of the People's Republic of China handling cases involving foreign element shall refer the party's application for a decision to the intermediate people's court of the place where the party against whom the application is made has his domicile or where his property is located.

  Article 259 In a case in which an award has been made by an arbitral organ of the People's Republic of China handling cases involving foreign element, the parties may not bring an action in a people's court. If one party fails to comply with the arbitral award, the other party may apply for its enforcement to the intermediate people's court of the place where the party against whom the application for enforcement is made has his domicile or where his property is located.

  Article 260 A people's court shall, after examination and verification by a collegial panel of the court, make a written order not to allow the enforcement of the award rendered by an arbitral organ of the People's Republic of China handling cases involving foreign element, if the party against whom the application for enforcement is made furnishes proof that:

  (1) the parties have not had an arbitration clause in the contract or have not subsequently reached a written arbitration agreement;

  (2) the party against whom the application for enforcement is made was not given notice for the appointment of an arbitrator or for the inception of the arbitration proceedings or was unable to present his case due to causes for which he is not responsible;

  (3) the composition of the arbitration tribunal or the procedure for arbitration was not in conformity with the rules of arbitration; or

  (4) the matters dealt with by the award fall outside the scope of the arbitration agreement or which the arbitral organ was not empowered to arbitrate.

  If the people's court determines that the enforcement of the award goes against the social and public interest of the country, the people's court shall make a written order not to allow the enforcement of the arbitral award.

  Article 261 If the enforcement of an arbitral award is disallowed by a written order of a people's court, the parties may, in accordance with a written arbitration agreement reached between them, apply for arbitration again; they may also bring an action in a people's court.

  Chapter XXIX Judicial Assistance

  Article 262 In accordance with the international treaties concluded or acceded to by the People's Republic of China or with the principle of reciprocity, the people's courts of China and foreign courts may make mutual requests for assistance in the service of legal documents, in investigation and collection of evidence or in other litigation actions.

  The people's court shall not render the assistance requested by a foreign court, if it impairs the sovereignty, security or social and public interest of the People's Republic of China.

  Article 263 The request for the providing of judicial assistance shall be effected through channels provided in the international treaties concluded or acceded to by the People's Republic of China; in the absence of such treaties, they shall be effected through diplomatic channels.

  A foreign embassy or consulate accredited to the People's Republic of China may serve documents on its citizens and make investigations and collect evidence among them, provided that the laws of the People's Republic of China are not violated and no compulsory measures are taken.

  Except for the conditions provided in the preceding paragraph, no foreign organization or individual may, without the consent of the competent authorities of the People's Republic of China, serve documents or make investigations and collect evidence within the territory of the People's Republic of China.

  Article 264 The letter of request for judicial assistance and its annexes sent by a foreign court to a people's court shall be appended with a Chinese translation or a text in any other language or languages specified in the relevant international treaties.

  The letter of request and its annexes sent to a foreign court by a people's court for judicial assistance shall be appended with a translation in the language of that country or a text in any other language or languages specified in the relevant international treaties.

  Article 265 The judicial assistance provided by the people's courts shall be rendered in accordance with the procedure prescribed by the laws of the People's Republic of China. If a special form of judicial assistance is requested by a foreign court, it may also be rendered, provided that the special form requested does not contradict the laws of the People's Republic of China.

  Article 266 If a party applies for enforcement of a legally effective judgment or written order made by a people's court, and the opposite party or is property is not within the territory of the People's Republic of China, the applicant may directly apply for recognition and enforcement to the foreign court which has jurisdiction. The people's court may also, in accordance with the relevant provisions of the international treaties concluded or acceded to by China, or with the principle of reciprocity, request recognition and enforcement by the foreign court.

  If a party applies for enforcement of a legally effective arbitral award made by an arbitral organ in the People's Republic of China handling cases involving foreign element and the opposite party or his property is not within the territory of the People's Republic of China, he may directly apply for recognition and enforcement of the award to the foreign court which has jurisdiction.

  Article 267 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 for recognition and enforcement to the intermediate people's court of the People's Republic of China which has jurisdiction. The foreign court may also, in accordance with the provisions of the international treaties concluded or acceded to by that foreign country and the People's Republic of China or with the principle of reciprocity, request recognition and enforcement by a people's court.

  Article 268 In the case of an application or request for recognition and enforcement of a legally effective judgment or written order of a foreign court, the people's court shall, after examining it in accordance with the international treaties concluded or acceded to by the People's Republic of China or with the principle of reciprocity and arriving at the conclusion that it does not contradict the basic principles of the law of the People's Republic of China nor violates State sovereignty, security and social and public interest of the country, recognize the validity of the judgment or written order, and, if required, issue a writ of execution to enforce it in accordance with the relevant provisions of this Law; if the application or request contradicts the basic principles of the law of the People's Republic of China or violates State sovereignty, security and social and public interest of the country, the people's court shall not recognize and enforce it.

  Article 269 If an award made by a foreign arbitral organ requires the recognition and enforcement by a people's court of the People's Republic of China, the party concerned shall directly apply to the intermediate people's court of the place where the party subjected to enforcement has his domicile or where his property is located. The people's court shall deal with the matter in accordance with the international treaties concluded or acceded to by the People's Republic of China or with the principle of reciprocity.

  Article 270 This Law shall come into force as of the date of promulgation, and the Civil Procedure Law of the People's Republic of China (for Trial Implementation) shall be abrogated simultaneously.

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