Ningbo the People's Republic of China Civil Procedure Law

Part I General Provisions

Chapter 1 Task, 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, taking into account the experience and actual conditions of civil judicial work in our country. Article 2 The task of the People's Republic of China the Civil Procedure Law is to protect the parties to exercise their litigation rights, ensure that the people's courts find out the facts, distinguish right from wrong, correctly apply the law, try civil cases in a timely manner, confirm the relationship between civil rights and obligations, sanction civil violations, and protect the parties. Legitimate rights and interests, educate citizens to consciously abide by the law, maintain social and economic order, and ensure the smooth progress of socialist construction. Article 3 The People's Courts shall apply the provisions of this Law to civil lawsuits filed between citizens, legal persons, other organizations and between them for property and personal relations. Article 4 Any civil litigation conducted within the territory of the People's Republic of China must comply with this Law. Article 5 Foreign nationals, stateless persons, and 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 when bringing a suit or responding to a suit in the people's courts. Where the courts of a foreign country impose restrictions on the civil litigation rights of the People's Republic of China citizens, legal persons and other organizations, the the People's Republic of China people's courts shall apply the principle of reciprocity to the civil litigation rights of citizens, enterprises and organizations of that country. Article 6 The power to adjudicate civil cases shall be exercised by the people’s courts. People’s courts shall independently adjudicate civil cases in accordance with the law, without interference from 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 The parties to civil proceedings shall have equal litigation rights. In handling 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. People’s courts shall, in the adjudication of civil cases, conduct mediation on the principles of voluntariness and legality; if mediation fails, they shall render a judgment without delay. Article 10 In trying civil cases, the people's courts shall, in accordance with the provisions of the law, apply the systems of collegiality, withdrawal, public trial and the second instance being the last instance. Article 11 Citizens of all nationalities shall have the right to use their own spoken and written languages in civil proceedings. In areas where ethnic minorities are concentrated or where multiple ethnic groups coexist, the people’s courts shall conduct trials and issue legal documents in the language and script commonly used by the local ethnic groups. The people's court shall provide interpreters for participants in the proceedings who are not familiar with the languages and scripts commonly used by the local nationalities. Article 12. When the people’s courts hear civil cases, the parties have the right to present arguments. Article 13. Civil litigation shall adhere to the principle of good faith. Parties have the right to dispose of their civil rights and litigation rights within the scope prescribed by law. Article 14 The People’s Procuratorate has the authority to exercise legal supervision over civil litigation. Article 15 State organs, social organizations, enterprises and institutions may support the injured unit or individual in bringing a suit in a people's court for an act that damages the civil rights and interests of the state, the collective or the individual. Article 16 With the consent of the parties, civil litigation activities may be conducted online through information network platforms. Civil litigation activities conducted online through information network platforms 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 alternative or supplementary provisions. The regulations of the autonomous region 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 shall be filed with the Standing Committee of the National People’s Congress.

Chapter 2 Jurisdiction

[h3] section 1 jurisdiction by level [/h3] article 18 the basic people's court shall have jurisdiction over civil cases of first instance, except as otherwise provided 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; (II) cases of great influence within their jurisdiction; (III) cases that the Supreme People's Court has determined to be under the jurisdiction of the intermediate people's courts. Article 20 The Higher People's Courts shall have jurisdiction as courts of first instance over civil cases of great importance to their jurisdiction. 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 a major national impact; cases that the (II) deems should be tried by this Court. [h3] Section 2 Territorial Jurisdiction [/h3] Article 22 A civil action brought against a citizen shall be under the jurisdiction of the people's court of the place of domicile of the defendant; if the place of domicile of the defendant is inconsistent with the place of habitual residence, the case shall be under the jurisdiction of the people's court of the place of habitual residence. A civil lawsuit brought against a legal person or any other organization shall be under the jurisdiction of the people's court of the place where the defendant has his domicile. If the residences or habitual residences of several defendants in the same lawsuit are within the jurisdictions of two or more people’s courts, each of those people’s courts shall have jurisdiction. Article 23 The following civil actions shall be under the jurisdiction of the people's court of the place where the plaintiff has his domicile; if the place of the plaintiff's domicile is inconsistent with the place of his habitual residence, the people's court of the place where the plaintiff has his habitual residence shall have jurisdiction: (1) actions relating to identity brought by the (II) against persons who do not live in the the People's Republic of China area; actions relating to identity against persons whose whereabouts are unknown or declared missing or who have been declared missing; (III) have been taken compulsory educational measures; (IV) proceedings against incarcerated persons. Article 24 A lawsuit arising from 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: Lawsuits arising from disputes over insurance contracts shall be under the jurisdiction of the people’s court in the defendant’s domicile or the location of the insured object. Article 26. Lawsuits arising from disputes over negotiable instruments shall be under the jurisdiction of the people’s court in the place where the instrument is payable or in the defendant’s domicile. Article 27: Lawsuits arising from disputes concerning the establishment of a company, the confirmation of shareholder qualifications, the distribution of profits, dissolution, or other similar matters shall be under the jurisdiction of the people’s court in the place where the company is domiciled. Article 28. Lawsuits arising from disputes over railway, road, waterway, air transport, and multimodal transport contracts shall be under the jurisdiction of the people’s court at the place where the transportation commenced, the destination, or the domicile of the defendant. Article 29. Lawsuits arising from torts shall be under the jurisdiction of the people’s court in the place where the tort occurred or the domicile of the defendant. Article 30: Lawsuits for damages arising from railway, road, waterway, or aviation accidents shall be under the jurisdiction of the people’s court in the place where the accident occurred, or in the place where the vehicle, vessel first arrived, or where the aircraft first landed, or in the defendant’s domicile. Article 31 A lawsuit for damages arising from a ship collision or other maritime accident shall be under the jurisdiction of the people's court of the place where the collision occurred, the place where the colliding ship first arrived, the place where the ship at risk was detained or the place where the defendant has his domicile. Article 32 An action for expenses incurred in salvage at sea shall be under the jurisdiction of the people's court at the place of salvage or at the place where the rescued ship first arrived. Article 33 An action 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 calculated or where the voyage was terminated. Article 34 The following cases shall be under the exclusive jurisdiction of the people's courts provided for in this article: (1) Litigation arising from real estate disputes shall be under the jurisdiction of the people's court where the real estate is located; litigation arising from disputes arising from port operations by the (II) shall be under the jurisdiction of the people's court where the port is located; (III) litigation arising from disputes over inheritance shall be under the jurisdiction of the people's court where the decedent's domicile or the main estate is located at the time of the death. Article 35. Parties to a contract or other property rights dispute may, by written agreement, choose the people’s court having jurisdiction over a location that has a substantial connection with the dispute, such as the defendant’s domicile, the place of performance of the contract, the place where the contract was signed, the plaintiff’s domicile, or the location of the subject matter; however, such choice shall not violate the provisions of this Law regarding jurisdiction by level and exclusive jurisdiction. Article 36 Where two or more people's courts have jurisdiction over a lawsuit, the plaintiff may bring a lawsuit in one of the people's courts; if the plaintiff brings a lawsuit in two or more people's courts that have jurisdiction, the people's court that first files the case shall have jurisdiction. [h3] Section 3 Transfer of Jurisdiction and Designated Jurisdiction [/h3] 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 to which it is transferred shall accept it. If the people's court to which the case is transferred considers that the case to be transferred does not fall under its jurisdiction in accordance with the provisions, it shall report to the people's court at a higher level to designate jurisdiction, and shall not transfer the case on its own. Article 38. If a people’s court with jurisdiction is unable to exercise such jurisdiction due to special circumstances, the higher-level people’s court shall designate jurisdiction. If a dispute arises between the people's courts over jurisdiction, it shall be resolved by the parties to the dispute through consultation; if the dispute cannot be resolved through consultation, it shall be reported to their common superior people's court for designation of jurisdiction. Article 39 A people's court at a higher level shall have the power to try civil cases of first instance under the jurisdiction of a people's court at a lower level; if it is really necessary to refer a civil case of first instance under its jurisdiction to a people's court at a lower level for trial, it shall report 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 When the people's court hears civil cases of first instance, judges and people's assessors jointly form a collegial panel or judges form a collegial panel. The number of members of the collegial panel must be an odd number. Civil cases to which summary procedure is applied shall be tried by a single judge alone. Civil cases of first instance in which the basic facts are clear and the relationship between rights and obligations is clear in the trial of grass-roots people's courts may be tried by one judge alone by applying ordinary procedures. When participating in trial activities, people's assessors have the same rights and obligations as judges, except as otherwise provided by law. Article 41 A people's court of second instance shall hear civil cases by a collegial panel of judges. The number of members of the collegial panel must be an odd number. If the intermediate people's court applies summary procedure of first instance to a civil case of second instance or appeals against the ruling, if the facts are clear and the relationship between rights and obligations is clear, it may be tried by a single judge alone with the consent of both parties. In the case of remanding a case for retrial, the people's court that originally tried the case shall form a separate collegial panel in accordance with the procedure of first instance. If the trial of a retrial case is originally of first instance, a separate collegial panel shall be formed in accordance with the procedure of first instance; if it is originally of second instance or is brought up by a people's court at a higher level, a separate collegial panel shall be formed in accordance with the procedure of second instance. Article 42 The following civil cases may not be tried by a single judge alone in the people's courts: (1) cases involving the interests of the State or the public interest of society; (II) cases involving group disputes that may affect social stability; cases (III) widespread concern among the people or other cases that have a greater social impact; (IV) cases that are of new types or are difficult and complicated; and cases that should be tried by a collegial panel in (V) with the law; (VI) other cases that are not suitable to be tried by a single judge alone. Article 43 If, in the course of trial, a people's court finds that it is inappropriate for a single judge to try a case, it shall decide to refer the case to a collegial panel for trial. If a party considers that the trial of a case by a single judge violates the provisions of the law, he may raise an objection to the people's court. The people’s court shall review any objections raised by the parties; if the objection is upheld, it shall issue a ruling to transfer the case to be tried by a collegial panel; if the objection is not upheld, it shall issue a ruling dismissing the objection. Article 44 The president of the court or the chief judge of a division shall designate one of the judges to serve as the presiding judge of a collegial panel; if the president or the chief judge participates in the trial, the president or the chief judge shall serve as the presiding judge. Article 45 In deliberating a case, a collegial panel shall follow the principle that the minority is subordinate to the majority. The deliberation shall be recorded in minutes, which shall be signed by the members of the collegial panel. Dissenting opinions in the deliberations must be truthfully recorded in the transcript. Article 46 Judicial officers shall handle cases impartially in accordance with the law. Judges shall not accept gifts from the parties and their agents ad litem. Judicial personnel who commit corruption, accept bribes, practice favoritism, or bend the law in adjudication shall be investigated for legal responsibility; if a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter 4 Avoidance

Article 47 In any of the following circumstances, the judges shall withdraw by themselves, and the parties have the right to apply for their withdrawal orally or in writing: (1) Those who are parties to the case or close relatives of parties or agents ad litem; (II) who have an interest in the case; (III) who have other relationships with parties or agents ad litem that may affect the fair trial of the case. If a judicial officer accepts an invitation or gift from a party or agent ad litem, or meets a party or agent ad litem in violation of regulations, the party has the right to request them to withdraw. Judges who commit any of the acts specified in the preceding paragraph shall be investigated for legal responsibility in accordance with the law. The provisions of the preceding three paragraphs shall apply to assistants to judges, court clerks, judicial technicians, translators, expert witnesses and inspectors. Article 48 When a party makes an application for withdrawal, it shall state the reasons and submit it at the beginning of the trial of the case; if the reasons for withdrawal are known after the start of the trial of the case, they may also submit them before the conclusion of the court debate. The person whose withdrawal is applied for shall suspend his participation in the work of the case before the people's court makes a decision on whether to withdraw, except where the case requires urgent measures. Article 49 The withdrawal of the president of the court when he is the presiding judge or a sole judge shall be decided by the judicial committee; the withdrawal of judicial personnel shall be decided by the president of the court; the withdrawal of other personnel shall be decided by the presiding judge or the sole judge. Article 50. The people’s court shall, within three days of the filing of a recusal application by a party, render a decision thereon orally or in writing. If the applicant is not satisfied with the decision, he may apply for reconsideration once upon receipt of the decision. During the period of reconsideration, the person whose recusal has been applied for shall not stop participating in the work of the case. The people’s court shall make a decision on the application for reconsideration within three days and notify the applicant.

Chapter V Participants in Proceedings

[h3]Section 1 Parties[/h3] Article 51 Citizens, legal persons, and other organizations may act as parties in civil litigation. A legal person shall conduct litigation through its statutory representative. Other organizations shall conduct litigation through their principal person in charge. Article 52 Parties have the right to appoint agents, file applications for recusal, collect and submit evidence, present arguments, request mediation, file appeals, and apply for enforcement. The parties may inspect the relevant case materials and may make copies of such materials and legal documents. The scope and procedures for reviewing and copying case-related materials shall be prescribed by the Supreme People’s Court. The parties must exercise their litigation rights in accordance with the law, observe the rules of court proceedings, and comply with judgments, rulings, and mediation statements that have legally taken effect. Article 53 The parties may settle the dispute by mutual agreement. Article 54. The plaintiff may waive or amend the claims in the action. The defendant may admit or deny the plaintiff’s claims and has the right to file a counterclaim. Article 55 If one party or both parties are two or more persons, and the subject matter of the action is common, or the subject matter of the action is of the same kind, and the people's court considers that the trial can be combined with the consent of the parties, it shall be a joint action. Where the parties to a joint lawsuit have common rights and obligations with respect to the subject matter of the action, the litigation acts of one party shall be binding on the other joint plaintiffs or defendants upon their acknowledgment; where no such common rights and obligations exist, the litigation acts of one party shall not be binding on the other joint plaintiffs or defendants. Article 56 In a joint action involving a large number of parties, the parties may elect representatives to conduct the action. The litigation acts of a representative shall be binding on the party they represent; however, any change of the representative, abandonment of the claim, acknowledgment of the opposing party’s claim, or settlement must be approved by the represented party. Article 57 If the subject matter of the action is of the same kind and the number of one party is large and has not yet been determined at the time of the action, the people's court may issue a public announcement stating the circumstances of the case and the claims and notifying the obligee to register with the people's court within a certain period of time. Right holders who have registered with the People’s Court may elect a representative to conduct the litigation; if no representative can be elected, the People’s Court may, in consultation with the right holders who have registered, designate a representative. The litigation acts of a representative shall be binding on the party they represent; however, any change of the representative, abandonment of the claim, acknowledgment of the opposing party’s claim, or settlement must be approved by the represented party. Judgments and rulings rendered by the people’s courts shall have binding effect on all right holders who have registered. If a rights holder who did not participate in the registration brings a lawsuit within the statute of limitations, the judgment or ruling shall apply. Article 58: With respect to acts that pollute the environment or infringe upon the legitimate rights and interests of numerous consumers, thereby harming the public interest, the organs and relevant organizations prescribed by law may bring a lawsuit before the people’s court. In the performance of its duties, the people's Procuratorate discovers acts that damage the ecological environment and resource protection, infringe upon the legitimate rights and interests of many consumers in the field of food and drug safety, and other acts that damage the public interest, in the absence of the organs and organizations specified in the preceding paragraph or the organs and organizations specified in the preceding paragraph do not bring a lawsuit, may bring a lawsuit to the people's court. If the organs or organizations specified in the preceding paragraph bring a lawsuit, the People’s Procuratorate may support the prosecution. Article 59. With respect to the subject matter of the litigation between the parties, a third party who claims an independent right of claim shall have the right to bring a suit. With respect to the subject matter of the litigation between the parties, although a third party does not have an independent claim, if the outcome of the case has a legal interest for that third party, they may apply to participate in the litigation, or the people’s court may notify them to do so. A third party ordered by the People’s Court to bear civil liability shall have the procedural rights and obligations of a party. If the third party specified in the preceding two paragraphs fails to participate in the proceedings due to reasons that cannot be attributed to him, but there is evidence to prove that part or all of the contents of the legally effective judgment, ruling or mediation statement are wrong and damage his civil rights and interests, he may, within six months from the date when he knew or should have known that his civil rights and interests were damaged, bring a lawsuit to the people's court that made the judgment, ruling or mediation statement. After trial, if the people’s court finds the plaintiff’s claims to be well-founded, it shall alter or set aside the original judgment, ruling, or mediation statement; if the claims are not well-founded, it shall dismiss the plaintiff’s claims. [h3]Section 2: Litigation Agents[/h3] Article 60 A person who lacks the capacity to conduct litigation shall be represented in litigation by his or her legal guardian as the statutory agent. If legal representatives shift the responsibility for representation to one another, the people’s court shall designate one of them to act as the representative in the litigation. Article 61. Parties and statutory agents may appoint one to two persons as litigation agents. The following persons may be entrusted as litigation agents: (I) lawyers and grassroots legal service workers; (II) the close relatives or staff members of the parties; (III) citizens recommended by the communities, workplaces, and relevant social organizations where the parties are located. Article 62. Where a party appoints another person to litigate on its behalf, it must submit to the People’s Court a power of attorney signed by or bearing the seal of the principal. The power of attorney must clearly specify the matters being entrusted and the scope of authority. A litigation agent who, on behalf of the principal, acknowledges, waives, or modifies the claims, enters into a settlement, files a counterclaim, or initiates an appeal must have been specifically authorized by the principal. A power of attorney sent or entrusted by a People's Republic of China citizen residing abroad must be certified by the embassy or consulate of the the People's Republic of China country in that country; if there is no embassy or consulate, it shall be certified by the embassy or consulate of a third country that has diplomatic relations with the People's Republic of China country in that country, and then by the the People's Republic of China embassy or consulate in that third country, or by a local patriotic overseas Chinese group. Article 63. If the authority of a litigation agent is altered or terminated, the party shall notify the people’s court in writing, and the people’s court shall inform the opposing party. Article 64: Lawyers and other litigation agents representing in litigation have the right to investigate and collect evidence, and may review the relevant materials of this case. The scope and procedures for reviewing the relevant materials in this case shall be prescribed by the Supreme People’s Court. Article 65 If there is an agent ad litem in a divorce case, he or she shall appear in court, unless he or she is unable to express his or her intention; if he or she is indeed unable to appear in court due to special circumstances, he or she must submit his or her written opinions to the people's court.

Chapter Six Evidence

Article 66 Evidence includes: (1) statements of the parties; (II) documentary evidence; (III) material evidence; (IV) audio-visual materials; (V) electronic data; (VI) witness testimony; (VII) appraisal opinions; (VIII) inquest records. Evidence must be verified as true before it can be used as the basis for ascertaining the facts. Article 67. Parties have the responsibility to provide evidence in support of their claims. Evidence that the parties or their litigation agents are unable to collect on their own due to objective reasons, or evidence that the people’s court deems necessary for the adjudication of the case, shall be investigated and collected by the people’s court. People’s courts shall, in accordance with statutory procedures, comprehensively and objectively examine and verify the evidence. Article 68. Parties shall promptly provide evidence in support of their claims. The people’s court shall, in accordance with the parties’ claims and the circumstances of the trial, determine the evidence that the parties are required to submit and the time limit for such submission. If a party genuinely encounters difficulties in submitting evidence within the prescribed time limit, it may apply to the People’s Court for an extension of the time limit, and the People’s Court shall grant such an extension as appropriate upon 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 it refuses to explain the reasons or the reasons are not tenable, the people's court may, according to different circumstances, refuse to accept the evidence, or accept the evidence but admonish or fine it. Article 69 When the people's court receives the evidentiary materials submitted by the parties, it shall issue a receipt, stating the name of the evidence, the number of pages, the number of copies, the original or photocopy, and the time of receipt, and shall be signed or sealed by the handling personnel. Article 70: The people’s courts have the authority to investigate and collect evidence from relevant organizations and individuals, and such organizations and individuals shall not refuse. People’s courts shall verify the authenticity of documentary evidence submitted by relevant entities and individuals and examine and determine its legal effect. Article 71 Evidence shall be presented in court and subject to cross-examination by the parties. Evidence involving state secrets, trade secrets, and personal privacy shall be kept confidential; if such evidence must be presented in court, it may not be disclosed during public hearings. Article 72: Legal facts and documents that have been notarized in accordance with the statutory procedures shall be regarded by the people’s courts as the basis for ascertaining the facts, unless there is contrary evidence sufficient to rebut the notarial certification. Article 73 Documentary evidence shall be submitted in its original form. Physical evidence shall be submitted in its original form. If it is genuinely difficult to submit the original document or object, a copy, photograph, duplicate, or excerpt may be submitted instead. When submitting foreign-language evidence, a Chinese translation must be attached. Article 74. With respect to audio-visual evidence, the people’s court shall ascertain its authenticity and, in conjunction with other evidence in the case, examine and determine whether it may serve as a basis for ascertaining the facts. Article 75 Any organization or individual who is aware of the facts of a case has the obligation to appear in court and testify. The person in charge of the relevant unit shall support witnesses in giving testimony. A person who cannot properly express their meaning may not testify. Article 76: Upon notification by the People’s Court, witnesses shall appear in court to testify. Under any of the following circumstances, with the permission of the people's court, you can testify through written testimony, audio-visual transmission technology or audio-visual materials: (1) unable to appear in court due to health reasons; (II) unable to appear in court due to long distances and inconvenient transportation; (III) unable to appear in court due to force majeure such as natural disasters; (IV) other justifiable reasons unable to appear in court. Article 77: The necessary expenses incurred by a witness in performing the obligation to appear in court and testify, including travel, accommodation, meals, and any loss of earnings, shall be borne by the losing party. If a party applies for a witness to testify, that party shall advance the costs; if no party makes such an application and the people’s court notifies the witness to testify, the people’s court shall advance the costs. Article 78. The people’s court shall, in conjunction with other evidence in the case, examine and determine whether the statements of the parties may serve as a basis for ascertaining the 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 based on the evidence. Article 79. Parties may apply to the people’s court for an expert appraisal on specialized issues relevant to ascertaining the facts. Where a party applies for an expert appraisal, the parties shall, by mutual agreement, designate a qualified expert; if no agreement can be reached, the people’s court shall make the designation. If the parties have not applied for an expert appraisal, and the people’s court deems that such an appraisal is necessary with respect to a specialized issue, it shall commission a qualified expert to conduct the appraisal. Article 80: An expert witness has the right to review the case materials necessary for the appraisal and, where necessary, may question the parties and witnesses. The expert shall submit a written expert opinion and sign or affix a seal to the expert report. Article 81: If a party objects to the expert opinion, or if the people’s court deems it necessary for the expert to appear in court, the expert shall appear in court to testify. If, upon being notified by the People’s Court, an expert refuses to appear in court to testify, the expert opinion shall not be used as a basis for ascertaining the facts; the party who has paid the expert fees may request a refund of such fees. Article 82. Parties may apply to the people’s court to summon persons with specialized knowledge to appear in court and express their opinions on the expert opinion rendered by the expert or on matters of a professional nature. Article 83: When examining physical evidence or a crime scene, the examiner must present the credentials issued by the People’s Court and invite representatives from the local grassroots organization or the unit where the parties work to participate. The party concerned or their adult family members shall be present; failure to appear shall not affect the conduct of the site inspection. Relevant entities and individuals are obligated, pursuant to the notice issued by the People’s Court, to safeguard the scene and assist in the site inspection. The person conducting the site inspection shall prepare a record of the inspection proceedings and results, which shall be signed or sealed by the inspector, the parties involved, and any invited participants. Article 84. Where evidence may be lost or become difficult to obtain in the future, a party may, during the course of litigation, apply to the People’s Court for preservation of evidence; the People’s Court may also take preservation measures on its own initiative. In case of emergency, if the evidence may be destroyed or lost or difficult to obtain in the future, the interested party may, before bringing a lawsuit or applying for arbitration, apply to the place where the evidence is located, the place where the respondent has his domicile or the people's court that has jurisdiction over the case for the preservation of the evidence. Other procedures for the preservation of evidence shall, by analogy, apply the relevant provisions of Chapter IX of this Law concerning preservation.

Chapter Seven: Periods and Service of Process

[h3] Section 1 Period [/h3] Article 85 Period includes the statutory period and the period designated by the people's court. Periods are calculated in terms of hours, days, months, and years. The hour and day on which a period begins are not included in the calculation of the period. If the last day of a period falls on a statutory holiday, the period shall expire on the first day following the statutory holiday. The period shall not include the time in transit; if a procedural document is mailed before the expiration of the period, it shall not be deemed overdue. Article 86. If a party is delayed in meeting a time limit due to force majeure or other justifiable reasons, they may, within ten days after the obstacle has been removed, apply for an extension of the time limit; whether such extension is granted shall be decided by the People’s Court. [h3]Section 2 Service of Process[/h3] Article 87: The service of judicial documents shall be effected by means of a delivery receipt, on which the recipient shall record the date of receipt and affix a signature or seal. The date on which the addressee signs the delivery receipt shall be deemed the date of service. Article 88: Service of legal documents shall be effected directly upon the addressee. If the addressee is a citizen, the delivery shall be made to and acknowledged by a cohabiting adult family member in the absence of the addressee; if the addressee is a legal person or other organization, the delivery shall be made to and acknowledged by the legal representative of the legal person, the principal person in charge of the other organization, or the person designated by the legal person or organization to receive documents; if the addressee has a litigation agent, the documents may be delivered to and acknowledged by such agent; if the addressee has designated a person to receive documents with the People’s Court, the delivery shall be made to and acknowledged by that designated recipient. The date on which a cohabiting adult family member of the addressee, the person in charge of receiving documents at a legal person or other organization, a litigation agent, or a designated recipient signs for receipt on the delivery receipt shall be deemed the date of service. Article 89 If the person to be served or his adult family members living with him refuse to accept the litigation documents, the person to be served may invite the representatives of the relevant grass-roots organization or the unit to be present, explain the situation, record the reason and date of refusal on the service receipt, and leave the litigation documents in the residence of the person to be served with the signature or seal of the person to be served and the litigation documents may also be left in the residence of the person to be served, the delivery process shall be recorded by taking photos, video recording, etc., and shall be deemed as delivery. Article 90. With the consent of the addressee, the people’s court may serve litigation documents by electronic means that can confirm receipt. For judgments, rulings, and mediation statements served electronically, if the recipient requests a paper copy, the people’s court shall provide one. Where delivery is effected in accordance with the preceding paragraph, the date on which the delivery information reaches the addressee’s designated system shall be deemed the date of delivery. Article 91: Where it is difficult to serve litigation documents directly, they may be served by entrusting another people’s court to do so on their behalf, or by mail. For service by mail, the date of receipt indicated on the acknowledgment shall be deemed the date of service. Article 92: If the addressee is a member of the armed forces, service shall be effected through the political organ of the unit at regimental level or above to which the addressee belongs. Article 93. If the addressee is in custody, service shall be effected through the detention facility where he or she is held. If the addressee is subject to compulsory education measures, service shall be effected through the compulsory education institution where the addressee is located. Article 94: Upon receipt of the legal documents, the agency or unit entrusted with forwarding them shall immediately have the addressee sign for receipt; the date of signature on the delivery receipt shall be deemed the date of service. Article 95. If the addressee’s whereabouts are unknown, or if service cannot be effected by any of the other methods prescribed in this section, service shall be effected by public notice. Thirty days from the date of issuance of this notice shall be deemed as delivery. Notice by public announcement shall be duly recorded in the case file, specifying the reasons and the procedure followed.### Chapter 8 MediationArticle 96 In the trial of civil cases, the people's court shall, on the basis of the principle of voluntariness of the parties and on the basis of the facts being clear, distinguish between right and wrong and conduct mediation. Article 97. People’s courts may conduct mediation either under the auspices of a single judge or of a collegial panel, and shall, whenever possible, hold such proceedings at the place where the case is being heard. People’s courts conducting mediation may use simplified procedures to notify the parties and witnesses to appear in court. Article 98. In conducting mediation, the people’s court may invite relevant organizations and individuals to assist. Invited entities and individuals shall assist the people’s court in conducting mediation. Article 99: Any agreement reached through mediation must be entered into voluntarily by both parties; no coercion shall be permitted. The content of the mediation agreement shall not violate statutory provisions. Article 100: Where a settlement is reached through mediation, the people’s court shall prepare a mediation statement. The mediation statement shall set forth the claims, the facts of the case, and the outcome of the mediation. The mediation statement shall be signed by the presiding judge(s) and the clerk, sealed with the seal of the People’s Court, and served on both parties. The mediation agreement shall have legal effect upon being signed and acknowledged by both parties. Article 101 For the following cases in which a settlement is reached through mediation, the people’s court may not issue a mediation statement: (I) divorce cases where reconciliation is achieved through mediation; (II) cases involving the maintenance of adoption relationships through mediation; (III) cases that can be performed immediately; (IV) other cases for which a mediation statement is not required. For agreements that do not require the preparation of a mediation statement, the terms shall be recorded in the minutes and, upon being signed or sealed by both parties, the presiding judge(s), and the court clerk, shall have legal effect. Article 102. If no agreement is reached through mediation, or if one party retracts before the mediation statement is served, the people’s court shall render a judgment promptly.

Chapter IX Preservation and Pre-enforcement

Article 103 The people's court may, on the application of the other party, order the preservation of his property, order him to perform certain acts or prohibit him from performing certain acts in cases where the execution of the judgment may be difficult or other damage to the party may be caused by the act of one of the parties or other reasons. If the party fails to do so, the people's court may also order the adoption of preservation measures when necessary. When the people’s court takes preservation measures, it may require the applicant to provide security; if the applicant fails to provide such security, the court shall issue a ruling dismissing the application. After receiving an application, the people’s court must, in cases of emergency, render a ruling within forty-eight hours; if the court rules to adopt preservation measures, such measures shall be executed immediately. Article 104 Where a party with an interest in the matter faces an urgent situation such that failure to promptly apply for preservation measures would result in irreparable damage to its lawful rights and interests, it may, prior to instituting litigation or applying for arbitration, apply to the people’s court at the location of the property to be preserved, the domicile of the applicant, or the people’s court having jurisdiction over the case, for the adoption of preservation measures. The applicant shall provide security; if no security is provided, the application shall be dismissed by order. After receiving the application, the people’s court must render a ruling within forty-eight hours; if the court rules to adopt preservation measures, such measures shall be executed immediately. If the applicant fails to institute legal proceedings or apply for arbitration within thirty days after the people’s court has taken measures for preservation of evidence, the people’s court shall lift such measures. Article 105: Preservation shall be limited to the scope of the claim or to property that is relevant to the case. Article 106: Property preservation shall be effected by means of seizure, detention, freezing, or other methods prescribed by law. After the people’s court has preserved property, it shall immediately notify the person whose property has been preserved. Property that has already been seized or frozen may not be subjected to repeated seizure or freezing. Article 107. In cases involving property disputes, if the applicant provides a guarantee, the people’s court shall issue a ruling to lift the preservation measures. Article 108: If an application is erroneous, the applicant shall compensate the respondent for the losses suffered as a result of the preservation measures. Article 109 The people's court, upon application by the parties, may rule for provisional execution in the following cases: (I) claims for alimony, support payments, child support, pensions, and medical expenses; (II) claims for wages; (III) cases where provisional execution is required due to urgent circumstances. Article 110 Where a people's court rules for provisional execution, the following conditions shall be met: (I) The rights and obligations between the parties are clearly defined, and failure to grant provisional execution would seriously affect the applicant's livelihood or production and business operations; (II) The respondent has the capacity to perform. The people’s court may order the applicant to provide security; if the applicant fails to provide such security, the application shall be dismissed. If the applicant loses the case, it shall compensate the respondent for the property losses incurred as a result of the preliminary enforcement. Article 111. A party who is dissatisfied with a ruling on preservation of evidence or on provisional execution may apply for a reconsideration once. The execution of the ruling shall not be suspended during the reconsideration period.

Chapter X Compulsory Measures Against Obstruction of Civil Actions

Article 112 If a people's court refuses to appear in court without justifiable reasons after being summoned twice by subpoena against a defendant who must appear in court, it may summon him by arrest. Article 113: Litigants and other persons shall abide by the rules of the court. The people’s court may, with respect to persons who violate the rules of the courtroom, issue a warning, order them to leave the courtroom, or impose a fine or detention. People’s courts shall, in accordance with the law, prosecute criminally those who create disturbances or storm the courtroom, insult, slander, threaten, or assault judicial personnel, and thereby seriously disrupt court order; for less serious offenses, they shall impose fines or detention. Article 114 If a participant in the proceedings or any other person commits any of the following acts, the people's court may impose a fine or detain him according to the seriousness of the act; if the act constitutes a crime, the person shall be investigated for criminal responsibility according to law: (1) forging or destroying important evidence to hinder the people's court from hearing the case; (II) using violence, threats or bribery to prevent witnesses from testifying or instigate, bribe or coerce others to commit false testimony; (III) concealing, transferring, selling off or destroying property that has been sealed up or detained, or property that has been counted and ordered to be kept, or transferring property that has been frozen; (IV) insulting, slandering, framing, beating or retaliating against judicial personnel, participants in proceedings, witnesses, translators, expert witnesses, inspectors or persons assisting in execution; (V) using violence, threats or other means to obstruct judicial personnel from performing their duties; (VI) refusing to perform a legally effective judgment or ruling of a people's court. The people’s court may impose a fine or detention on the principal person in charge or the person directly responsible of any entity that engages in any of the acts specified in the preceding paragraph; if such conduct constitutes a crime, criminal liability shall be pursued in accordance with law. Article 115. Where the parties collude maliciously in an attempt to infringe upon national interests, public interests, or the legitimate rights and interests of others through litigation, mediation, or other means, the people’s court shall reject their claims and, depending on the severity of the circumstances, impose a fine or detention; if the conduct constitutes a crime, criminal liability shall be pursued in accordance with law. If a party unilaterally fabricates the basic facts of a civil case and files a lawsuit with the people’s court in an attempt to infringe upon the state’s interests, the public interest, or the legitimate rights and interests of others, the provisions of the preceding paragraph shall apply. Article 116. If the person subject to enforcement colludes maliciously with others and evades the obligations determined in legal documents through litigation, arbitration, mediation, or other means, the people’s court shall impose a fine or detention based on the severity of the circumstances; if the conduct constitutes a crime, criminal liability shall be pursued in accordance with law. Article 117 If a unit that is obligated to assist in investigations or enforcement engages in any of the following acts, the people’s court, in addition to ordering it to fulfill its obligation to assist, may also impose a fine: (I) A relevant unit refuses or obstructs the people’s court from gathering evidence; (II) After receiving the people’s court’s notice of assistance in enforcement, a relevant unit refuses to assist in inquiries, seizure, freezing, transfer, or disposal of property; (III) After receiving the people’s court’s notice of assistance in enforcement, a relevant unit refuses to assist in withholding the enforced party’s income, handling procedures for the transfer of property rights certificates, handing over relevant tickets, certificates, or other property; (IV) Other instances of refusing to assist in enforcement. The people’s court may impose a fine on the principal person in charge or the person directly responsible of any entity that engages in any of the acts specified in the preceding paragraph; if the entity still fails to fulfill its obligation to assist, it may be subject to detention; and the court may also submit a judicial recommendation to the supervisory authority or the relevant authorities for disciplinary action. Article 118: The amount of any fine imposed on an individual shall not exceed RMB 100,000. The amount of the fine imposed on an entity shall be no less than RMB 50,000 and no more than RMB 1,000,000. The duration of detention shall not exceed fifteen days. Persons who have been detained shall be handed over by the people’s court to the public security organs for custody. During the period of detention, if the detainee admits to and rectifies the error, the people’s court may decide to terminate the detention ahead of schedule. Article 119: The application of summons by compulsion, imposition of fines, and detention shall be subject to the approval of the President of the Court. A summons for compulsory appearance shall be issued. Fines and detention shall be imposed by way of a decision document. Any party dissatisfied with the decision may apply to the next higher people’s court for a review once. Execution shall not be suspended during the reconsideration period. Article 120: The imposition of coercive measures against acts that obstruct civil litigation must be decided by the people’s court. Any organization or individual that unlawfully detains others or illegally withholds another’s property in order to recover a debt shall be investigated for criminal liability in accordance with the law, or shall be subject to detention or a fine. Chapter XI Litigation Costs Article 121 In civil litigation, parties shall pay the court filing fee in accordance with the relevant provisions. In property cases, in addition to paying the case filing fee, other litigation costs shall also be paid as prescribed. If a party genuinely has difficulty paying court fees, they may, in accordance with the relevant provisions, apply to the people’s court for a deferral, reduction, or exemption of such fees. The methods for collecting litigation fees shall be formulated separately.

Part II Trial Procedure

Chapter XII Ordinary Procedure of First Instance

[h3] Section 1 Prosecution and Acceptance [/h3] Article 122 A prosecution must meet the following conditions: (1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case; the (II) has a clear defendant; the (III) has specific claims and facts and reasons; the (IV) belongs to the scope of the people's court accepting civil actions and the jurisdiction of the people's court accepting the action. Article 123 To initiate a lawsuit, a bill of complaint shall be submitted to the people's court, with copies of the bill according to the number of defendants. If it is really difficult to write a bill of complaint, the complaint may be filed orally, and the people's court shall record the record and inform the other party. Article 124 The complaint shall state the following matters: (1) the name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, the name and domicile of the legal person or other organization and the name, position and contact information of the legal representative or principal responsible person; the name, sex, work unit and domicile of the (II) defendant, and the name and domicile of the legal person or other organization; (III) the claims and the facts and grounds on which they are based; (IV) evidence and sources of evidence, names and residences of witnesses. Article 125 Where a civil dispute is brought before the people’s court, mediation shall be conducted first if it is suitable for mediation, unless the parties refuse to be mediated. Article 126 The people’s courts shall ensure that parties enjoy the right to bring suit as prescribed by law. A lawsuit that meets the requirements of Article 122 of this Law must be accepted. If the conditions for filing a lawsuit are met, the case shall be registered within seven days, and the parties shall be notified; if the conditions are not met, a ruling shall be issued within seven days dismissing the case. If the plaintiff is dissatisfied with the ruling, they may file an appeal. Article 127 The people's court shall deal with the following lawsuits under different circumstances: (1) in accordance with the provisions of the Administrative Procedure Law, if they fall within the scope of administrative litigation, inform the plaintiff to file an administrative lawsuit; (II) in accordance with the law, if both parties reach a written arbitration agreement to apply for arbitration and are not allowed to file a lawsuit in the people's court, inform the plaintiff to apply to an arbitration institution for arbitration; (III) disputes that should be handled by other organs in accordance with the law, inform the plaintiff to apply to the relevant authorities for settlement; the (IV) shall inform the plaintiff to bring a lawsuit to the people's court with jurisdiction for cases that do not fall under the jurisdiction of the court; the (V) shall inform the plaintiff to apply for a retrial if the parties file a lawsuit in cases where the judgment, ruling or mediation statement has already taken legal effect, except for the ruling of the people's court allowing the withdrawal of the lawsuit; (VI) shall not bring a lawsuit within a certain period of time in accordance with the law, if a lawsuit is filed within the time limit for which no lawsuit may be filed, it shall not be accepted; if the (VII) decides that divorce is not allowed and mediation is good, or if there is no new situation or new reason for the judgment or mediation to maintain the adoptive relationship, if the plaintiff files a lawsuit again within six months, it shall not be accepted.[h3]Section 2: Pre-Trial Preparation[/h3] Article 128: The people’s court shall, within five days from the date of filing a case, serve a copy of the complaint on the defendant, and the defendant shall file a statement of defense within fifteen days from the date of receipt. The statement of defense shall clearly state the defendant’s name, gender, age, ethnicity, occupation, employer, domicile, and contact information; as well as the name, domicile, and the name, title, and contact information of the legal representative or principal person in charge of a corporation or other organization. The people’s court shall, within five days from the date of receipt of the statement of defense, serve a copy thereof on the plaintiff. If the defendant fails to file a reply, it shall not affect the trial by the people's court. 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, or orally. Article 130: After a people’s court has accepted a case, if a party objects to the court’s jurisdiction, such objection shall be raised during the period for filing a statement of defense. The people’s court shall review any objections raised by the parties. If the objection is upheld, the court shall issue a ruling to transfer the case to the people’s court with jurisdiction; if the objection is not upheld, the court shall issue a ruling dismissing it. If the parties fail to raise an objection to jurisdiction and respond to the suit or file a counterclaim, the people's court accepting the suit shall be deemed to have jurisdiction, except for violations of the provisions on hierarchical jurisdiction and exclusive jurisdiction. Article 131 After the judges have been determined, they shall inform the parties within three days. Article 132 The judicial officers must carefully examine the litigation materials and investigate and collect the necessary evidence. Article 133 When personnel dispatched by the people’s court conduct an investigation, they shall present their credentials to the person being investigated. After the investigation record has been reviewed by the person under investigation, it shall be signed or sealed by both the person under investigation and the investigator. Article 134. Where necessary, the people’s court may entrust a people’s court in another locality to conduct an investigation. When commissioning a survey, clear objectives and requirements must be specified. The entrusted people’s court may, on its own initiative, conduct further investigation. Upon receipt of the letter of entrustment, the entrusted people’s court shall complete the investigation within thirty days. If unable to complete the task for any reason, a written notice shall be sent to the entrusted people’s court within the aforementioned time limit. Article 135 If a party who must jointly conduct a lawsuit does not participate in the lawsuit, the people's court shall notify him to participate in the lawsuit. Article 136 the people's court shall deal with the cases accepted according to the circumstances: (1) if the parties have no dispute and meet the conditions stipulated in the supervision procedure, they may be transferred to the supervision procedure; if the (II) can mediate before the hearing, the dispute shall be resolved in a timely manner through mediation; the (III) shall, according to the circumstances of the case, determine the application of summary procedure or ordinary procedure; if the (IV) needs to be heard in court, Clarify the focus of the dispute by requiring the parties to exchange evidence. [h3]Section 3: Court Trial[/h3] Article 137. People’s courts shall conduct civil trials in public, except where such trials involve state secrets, personal privacy, or where otherwise provided by law. In divorce cases and cases involving trade secrets, if a party applies for the trial to be held in camera, the trial may be conducted in private. Article 138. People’s courts, when trying civil cases, may, as necessary, conduct on-site hearings and handle cases at the place where they arise. Article 139. When hearing civil cases, the people’s courts shall notify the parties and other participants in the litigation three days prior to the commencement of the trial. In the case of a public hearing, the names of the parties, the cause of action and the time and place of the hearing shall be announced. Article 140. Before the commencement of the court hearing, the clerk shall ascertain whether the parties and other participants in the litigation have appeared in court and shall announce the rules of court conduct. At the opening of the trial, the presiding judge or the sole judge shall check the parties, announce the cause of the case, announce the list of judges, assistants to judges, clerks, etc., inform the parties of the relevant litigation rights and obligations, and ask the parties whether they have applied for withdrawal. Article 141 The court investigation shall be conducted in the following order: (1) The parties shall state their statements; the (II) shall inform the witnesses of their rights and obligations; the witnesses shall testify and read out the testimony of witnesses who are not present; the (III) shall produce documentary evidence, material evidence, audio-visual materials and electronic data; the (IV) shall read out the appraisal opinions; the (V) shall read out the record of the inquest. Article 142. Parties may submit new evidence in court. With the permission of the court, the parties may ask questions of witnesses, expert witnesses or inspectors. Whether to grant a party’s request for a re-investigation, expert appraisal, or site inspection shall be decided by the people’s court. Article 143. Where the plaintiff increases the claims in the action, the defendant files a counterclaim, or a third party submits claims related to the present case, such claims may be heard jointly. Article 144 Court debates shall be conducted in the following order: (1) speeches by the plaintiff and his or her agent ad litem; (II) defense by the defendant and his or her agent ad litem; (III) speeches or defense by a third party and his or her agent ad litem; (IV) mutual debates. At the end of the court debate, the presiding judge or the sole judge shall consult the parties in the order of the plaintiff, the defendant and the third party. Article 145: Upon conclusion of the court debate, a judgment shall be rendered in accordance with the law. If mediation is possible before the judgment is made, mediation may also be carried out, and if mediation fails, the judgment shall be made in a timely manner. Article 146 If the plaintiff refuses to appear in court without justifiable reasons after being summoned by a summons, or if he withdraws from court midway without the permission of the court, the case may be treated as withdrawal; if the defendant makes a counterclaim, he may make a judgment by default. Article 147 If the defendant refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court midway without the permission of the court, the judgment may be made by default. Article 148 Before the judgment is pronounced, if the plaintiff applies for the withdrawal of the lawsuit, the people's court shall decide whether to approve it or not. If the people's court decides not to permit the withdrawal of the lawsuit, the plaintiff may make a judgment by default if he refuses to appear in court without justifiable reasons after being summoned by a summons. Article 149 under any of the following circumstances, the hearing may be postponed: (1) the parties and other participants in the proceedings who must be present in court do not appear in court for justifiable reasons; the (II) party makes a temporary application for withdrawal; the (III) needs to notify new witnesses to appear in court, obtain new evidence, re-identification, inquest, or supplementary investigation; (IV) other circumstances that should be postponed. Article 150 The court clerk shall make a written record of all the proceedings of the court hearing, which shall be signed by the judicial personnel and the court clerk. The court record shall be read out in court, and the parties and other participants in the proceedings may also be informed to read it in court or within five days. If the parties and other participants in the proceedings believe that there are omissions or errors in the record of their statements, they shall have the right to apply for correction. 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. If he refuses to sign and affix his seal, he shall record the situation and attach a file. Article 151 The people's courts shall publicly pronounce their judgments in all cases that are tried in public or not. If a judgment is pronounced in court, a written judgment shall be issued within ten days; if a judgment is pronounced regularly, a written judgment shall be issued immediately after the pronouncement is pronounced. When rendering the judgment, the parties must be informed of their right to appeal, the time limit for filing an appeal, and the court to which the appeal should be made. When a divorce judgment is pronounced, the parties must be informed that they may not marry another marriage before the judgment becomes legally effective. Article 152 Where a people's court tries a case by applying ordinary procedure, it shall conclude the case within six months from the date of filing the case. If an extension is necessary under special circumstances, it may be extended for six months with the approval of the president of the court; if an extension is necessary, it shall be reported to the people's court at a higher level for approval. [h3] Section IV Suspension and Termination of Proceedings [/h3] Article 153 The proceedings shall be suspended under any of the following circumstances: (1) If one of the parties dies and it is necessary to wait for the heir to indicate whether to participate in the proceedings; (II) one of the parties has lost the capacity to litigate and has not yet determined its legal representative; (III) the legal person or other organization as a party terminates and the person who has not yet determined its rights and obligations; (IV) one of the parties is unable to participate in the proceedings for reasons of force majeure; the (V) of the case must be based on the outcome of the trial of another case, which has not yet been concluded; (VI) other circumstances under which the proceedings should be suspended. The proceedings shall be resumed after the reasons for the suspension of proceedings have been eliminated. Article 154 Under any of the following circumstances, the lawsuit shall be terminated: (1) The plaintiff dies and there is no heir, or the heir waives the right to litigation; (II) the defendant dies, there is no inheritance, and there is no person who should bear the obligations; (III) The death of one of the parties in the divorce case; the death of the party in the case of the recovery of alimony, maintenance, maintenance (IV) the dissolution of the adoption relationship. [h3] Section 5 Judgments and Rulings [/h3] Article 155 The written judgment shall state the result of the judgment and the reasons for the judgment. The content of the judgment includes: (1) the cause of the case, the claim, the facts and reasons of the dispute; the facts and reasons found in the (II) judgment, the applicable law and reasons; the (III) judgment and the burden of litigation costs; the (IV) of the appeal period and the court of appeal. The written judgment shall be signed by the judicial personnel and the court clerk and affixed with the seal of the people's court. Article 156 If a part of the facts in the trial of a case is already clear, the people's court may pass judgment on that part first. Article 157 The ruling shall apply to the following scope: (1) inadmissibility; (II) objection to jurisdiction; (III) dismissal of the lawsuit; (IV) preservation and prior enforcement; (V) permission or disapproval of withdrawal of the lawsuit; (VI) suspension or termination of the lawsuit; (VII) correction of clerical errors in the judgment; (VIII) suspension or termination of enforcement; (IX) annulment or non-enforcement of the arbitral award; (X) refusal to enforce the creditor's rights documents conferred by the notary authority; (11) Other matters that need to be resolved by adjudication. The ruling on items 1 to 3 of the preceding paragraph may be appealed. The decision shall state the outcome of the decision and the reasons for the decision. The ruling shall be signed by the judge and the court clerk and stamped with the seal of the people's court. If the ruling is made orally, it shall be entered in the record. Article 158 Judgments and orders of the Supreme People's Court, as well as judgments and orders that are not allowed to be appealed according to law or have not been appealed after the appeal period, are legally effective judgments and orders. Article 159 The public may consult legally effective judgments and rulings, except for the contents involving state secrets, trade secrets and personal privacy.

Chapter 13 Summary Procedure

Article 160 The basic people's court and the court sent by it shall apply the provisions of this chapter when trying simple civil cases with clear facts, clear relationship of rights and obligations and minor disputes. In trying civil cases other than those specified in the preceding paragraph, the basic people's courts and the courts dispatched by them may also agree on the application of summary procedure. Article 161 In a simple civil case, the plaintiff may file a complaint orally. Both parties may simultaneously appear before a basic-level people’s court or its branch tribunal to request resolution of the dispute. The basic people's court or the tribunal dispatched by it may hear the case immediately or at a different date. Article 162. Basic People’s Courts and their dispatched tribunals may, when hearing simple civil cases, employ simplified procedures for summoning the parties and witnesses, serving legal documents, and conducting trials; however, they shall ensure the parties’ right to state their views. Article 163. Simple civil cases shall be tried by a single judge without being subject to the restrictions set forth in Articles 139, 141, and 144 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 there are special circumstances that require an extension, it may be extended for one month with the approval of the president of the hospital. Article 165: The basic people's courts and the courts dispatched by them hear simple civil cases of payment of money with clear facts, clear rights and obligations, and minor disputes, and the subject matter is the average annual salary of employees in each province, autonomous region, or municipality in the previous year If the amount is less than 50%, the trial shall be subject to the procedure of small claims, and the first instance shall be final. If the basic people's court and the court dispatched by it hear the civil cases specified in the preceding paragraph, and the subject matter exceeds the average annual salary of employees in the previous year in each province, autonomous region, or municipality directly under the Central Government by 50% but less than twice, the parties may also agree on the application of small claims. procedure. Article 166 The people's court shall not apply the procedures for small claims when trying the following civil cases: (1) personal relations and property rights confirmation cases; (II) foreign-related cases; (III) need to be evaluated, appraised, or the results of pre-litigation evaluation or appraisal Cases in which there is an objection; (IV) the whereabouts of one party is unknown; cases in which the (V) party filed a counterclaim; (VI) other cases that are not suitable for small claims. Article 167 When a people's court tries a case by applying the procedure of small claims, it may conclude the case at one session and pronounce a judgment in court. Article 168 When a people's court tries a case by applying the procedure of small claims, it shall conclude the case within two months from the date of filing the case. If there are special circumstances that require an extension, it may be extended for one month with the approval of the president of the hospital. Article 169 If, in the course of hearing a case, the people's court finds that it is inappropriate to apply the procedure for small claims, it shall apply other provisions of the summary procedure to the trial or rule that the case shall be converted to ordinary procedure. If the parties consider that the application of the procedure for small claims violates the provisions of the law, they may raise an objection to the people's court. The people's court shall examine the objection raised by the party, and if the objection is established, it shall apply other provisions of the summary procedure to the trial or rule that it shall be converted to ordinary procedure; if the objection is not established, it shall be rejected. Article 170 If, in the course of trial, a people's court finds that it is inappropriate to apply summary procedure, it shall make an order to convert the case to ordinary procedure.

Chapter 14: Second-Instance Procedure

Article 171 If a party refuses to accept the judgment of first instance of the 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 judgment. If a party refuses to accept the ruling of first instance of the local people's court, he shall have the right to appeal to the people's court at the next higher level within 10 days from the date of service of the ruling. Article 172 A petition for appeal shall be filed. 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 the names of their principal persons in charge; the name of the people's court that originally tried the case, the number of the case and the cause of action; and the claims and reasons for the appeal. Article 173 The appeal petition shall be filed through the people's court that originally tried the case, and copies shall be submitted according to the number of the opposing parties or representatives. If a party appeals directly to a people's court of second instance, the people's court of second instance shall, within five days, transfer the appeal petition to the people's court that originally tried the case. Article 174 Upon receipt of the appeal petition, the people's court that originally tried the case shall, within five days, serve a copy of the appeal petition on the opposing party, who shall, within 15 days from the date of receipt, file a defense. The people's court shall, within five days from the date of receipt of the reply, serve a copy on the appellant. If the other party fails to file a reply, it shall not affect the trial by the people's court. The people's court of first instance shall, within five days after receiving the appeal petition and the 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 review the relevant facts and the application of law in the appeal. Article 176 The people's court of second instance shall open a court session to hear an appealed case. After reviewing the papers, investigating and inquiring about the parties, if the people's court considers that it is not necessary to hold a trial if no new facts, evidence or reasons are presented, the trial may not be held. The people's court of second instance may hear a case on appeal either in that court or in the place where the case occurred or where the people's court that originally tried the case is located. Article 177 The people's court of second instance shall, after hearing an appealed case, deal with it according to the following circumstances: (1) if the facts found in the original judgment or order are clear and the application of the law is correct, the people's court of second instance shall reject the appeal by way of judgment or order and uphold the original judgment or order; if it (II) that the original judgment or order was wrong in finding the facts or in applying the law, the judgment or order shall be revised, revoked or order or order in accordance with the law; (III) the basic facts found in the original judgment are not clear, the original judgment shall be revoked and sent back to the people's court of the original trial for retrial, or the judgment shall be revised after finding out the facts; if the original judgment is (IV) to omit the party or the judgment by default in violation of the law and other serious violations of legal procedures, the original judgment shall be revoked and sent back to the people's court of the original trial for retrial. After the original trial people’s court renders a judgment in a case remanded for retrial, if a party files an appeal, the second-instance people’s court shall not remand the case for retrial again. Article 178 A people's court of second instance shall use the ruling in all cases appealed against the ruling of a people's court of first instance. Article 179. The people’s court of second instance may conduct mediation when hearing an appeal case. Where a settlement is reached through mediation, a mediation statement shall be prepared, signed by the presiding judge and the court clerk, and sealed with the official seal of the People’s Court. After the conciliation letter is served, the judgment of the people's court of the original trial shall be deemed to be revoked. Article 180 If an appellant applies to withdraw his appeal before the people's court of second instance pronounces its judgment, the people's court of second instance shall decide whether to grant the application or not. Article 181. The people’s court of second instance, when hearing an appeal, shall apply the ordinary procedure for first-instance trials, except as otherwise provided in this chapter. Article 182 A judgment or order of a people's court of second instance shall be final. Article 183 When a people's court hears a case on appeal against a judgment, it shall conclude the case within three months from the date of filing the case in the second instance. In cases where an extension is required due to special circumstances, it shall be approved by the President of this Court. When the people's court hears a case on appeal against a ruling, it shall make a final ruling within 30 days from the date of filing the case in the second instance.

Chapter 15 Special Procedures

[h3] Section 1 General Provisions [/h3] Article 184 The People's Court shall apply the provisions of this chapter in the trial of voter qualification cases, cases of declaration of disappearance or declaration of death, cases of designation of estate administrator, cases of determination of citizens' incapacity for civil conduct or cases of limitation of capacity for civil conduct, cases of determination of property ownership, cases of confirmation of mediation agreement and cases of realization of security interests. Where there are no provisions in this Chapter, the relevant provisions of this Law and other laws shall apply. Article 185 Cases tried in accordance with the procedures set forth in this Chapter shall be subject to a single-instance final judgment. A collegial panel of judges shall be formed to hear cases involving the qualifications of voters or major and difficult cases; other cases shall be heard by a single judge alone. Article 186 If, in the course of trying a case in accordance with the procedures of this Chapter, the people's court finds that the case is a dispute over civil rights and interests, it shall rule to terminate the special procedure and inform the interested parties that they may bring a separate lawsuit. Article 187 A case tried by a people's court applying special procedures shall be concluded within 30 days from the date of filing the case or within 30 days after the expiration of the public announcement. In cases where an extension is required due to special circumstances, it shall be approved by the President of this Court. Except in cases concerning the eligibility of voters. [h3] Section 2 Voter Qualification Cases [/h3] Article 188 Citizens who are not satisfied with the decision of the Election Committee on the handling of appeals for voter qualification may, five days before the election day, bring a suit in the basic people's court where the electoral district is located. Article 189: After a people’s court accepts a case concerning voter qualification, it must conclude the trial prior to the election day. At the hearing, the prosecutor, the representative 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. [h3] Section 3 Cases of Declaration of Disappearance and Declaration of Death[/h3] Article 190 If a citizen's whereabouts have been unknown for two years, and the interested party applies for declaring him missing, he/she shall submit the application to the basic people's court of the place where the missing person has his/her domicile. The application shall clearly state the facts, 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 whereabouts of the citizen are unknown. Article 191 Where a citizen's whereabouts have been unknown for more than four years, or where his whereabouts have been unknown for more than two years due to an accident, or where his whereabouts are unknown due to an accident, and the relevant authorities have proved that it is impossible for the citizen to survive, an application by an interested party to declare him dead shall be filed with the basic people's court in the place where the person's whereabouts are unknown. The application shall clearly state the facts, time and request of the citizen's whereabouts, and shall be accompanied by a written certificate from the public security organ or other relevant organ that the citizen's whereabouts are unknown. Article 192 After accepting a case of declaration of missing person or death, the people's court shall issue a public notice to search for the person whose whereabouts are unknown. The announcement period for a declaration of missing person is three months, and the announcement period for a declaration of death is one year. If the whereabouts of a citizen are unknown due to an accident and the relevant authorities have proved that it is impossible for the citizen to survive, the period of the public announcement declaring his death shall be three months. At the expiration of the period of the public announcement, the people's court shall, depending on whether the facts of the declaration of disappearance or death have been confirmed, make a judgment declaring the disappearance or death or a judgment rejecting the application. Article 193: If a citizen who has been declared missing or declared dead reappears, upon application by the person concerned or any interested party, the people’s court shall render a new judgment to revoke the original judgment. [h3] Section IV Cases of Appointed Administrator of the Estate[/h3]Article 194 Where there is a dispute over the designation of an estate administrator, interested parties may apply to the basic people’s court at the domicile of the deceased or at the location of the principal part of the estate for the appointment of an estate administrator. The application shall state the time of the decedent's death, the subject matter of the application and the specific request, and shall be accompanied by relevant evidence of the decedent's death. Article 195 After accepting the application, the people's court shall examine and verify the application, and make a judgment to appoint an administrator of the estate in accordance with the principle of being conducive to the administration of the estate. Article 196 If the designated administrator of the estate dies, terminates, loses the capacity for civil conduct, or is unable to continue to perform the duties of estate management, the people's court may appoint another administrator of the estate on the application of the interested party or himself. Article 197 Where an estate administrator violates the duties of estate administration and seriously infringes upon the legitimate rights and interests of heirs, legatees or creditors, the people's court may, on the application of the interested party, revoke his qualification as an estate administrator and appoint a new estate administrator in accordance with the law. [h3] Section 5: Cases Involving the Determination of Incapacity or Limited Capacity for Civil Conduct of Citizens[/h3] Article 198 An application for determining that a citizen has no capacity for civil conduct or has limited capacity for civil conduct shall be submitted by the interested party or relevant organization to the basic people's court of the place where the citizen has his domicile. The application shall state the facts and grounds demonstrating that the citizen lacks or has limited capacity for civil conduct. Article 199 After accepting the application, the people's court shall, when necessary, make an appraisal of the citizen who is requested to be determined as having no or limited capacity for civil conduct. If the applicant has submitted an expert opinion, such opinion shall be reviewed. Article 200 When a people's court hears a case in which a citizen is found to be incompetent or to have limited capacity for civil conduct, a close relative of the citizen shall be the agent, but the applicant is excluded. If the near relatives pass the buck to each other, the people's court shall appoint one of them as the agent. If the citizen's health permits, he shall also be asked for his opinion. If the people's court finds that the application is based on facts, it shall judge the citizen as a person with no or limited capacity for civil conduct; if it finds that the application is not based on facts, it shall make a judgment to reject it. Article 201 Where a people's court, upon the application of a person who has been determined to be incapacitated for civil conduct, a person with limited capacity for civil conduct, an interested party or a relevant organization, confirms that the cause of the citizen's incapacity or limited capacity for civil conduct has been eliminated, it shall make a new judgment and cancel the original judgment. [h3] Section 6 Cases of Determining that Property is Unowned [/h3] Article 202 An application for determining that property is unowned shall be submitted by a citizen, legal person or other organization to the basic people's court in the place where the property is located. The application shall state the type and quantity of the property and the basis for claiming that the property is ownerless. Article 203 After accepting the application, the people's court shall, after examination and verification, issue a public notice to claim the property. If the public announcement has been made for one year and no one claims it, the judgment determines that the property is ownerless and belongs to the state or collective. Article 204 If the original owner or heir of the property appears after the judgment finds that the property is ownerless, the original owner or heir may make a claim against the property during the limitation period stipulated in the Civil Code, and the people's court shall, after examining the facts, make a new judgment and revoke the original judgment. [h3] Section VII Confirmation of Mediation Agreement Cases [/h3] Article 205 Where a mediation agreement is reached through mediation by a mediation organization established according to law and an application for judicial confirmation is made, both parties shall jointly submit it 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 submitted to the people's court that made; (II) mediation organization conducts mediation on its own, to the basic people's court where the parties have their domicile, where the subject matter is located, and 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 shall be filed with the corresponding intermediate people's court. Article 206 After the people's court accepts the application, after review, it shall rule that the mediation agreement is valid if it complies with 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 comply with the law, Ruling to reject the application, the parties may change the original mediation agreement or reach a new mediation agreement through mediation, or file a lawsuit in the people's court. [h3] Section 8 Cases of Realization of Security Interest [/h3] Article 207 An application for realization of a security interest shall be filed by the security interest holder and other persons entitled to request the realization of the security interest with the basic people's court in the place where the security interest is located or where the security interest is registered, in accordance with the Civil Code and other laws. Article 208 After the people's court accepts the application, after examination, if it complies with the law, it shall order the auction or sale of the secured property, and the parties may apply to the people's court for enforcement in accordance with the ruling; if it does not comply with the law, it shall rule to reject the application and the parties may The people's court filed a lawsuit.

Chapter Sixteen: The Trial Supervision Procedure

Article 209 The presidents of the people's courts at all levels shall submit to the adjudication committee for discussion and decision if they find that there are indeed errors in the legally effective judgments, rulings and mediation statements of their courts and think that a retrial is necessary. If the Supreme People's Court finds that there is a definite error in a legally effective judgment, ruling or mediation statement of a local people's court at any level, or if a people's court at a higher level finds that there is a definite error in a legally effective judgment, ruling or mediation statement of a people's court at a lower level, it shall have the power to bring it up for trial or order a people's court at a lower level to retrial. Article 210 If the parties believe that there is an error in a legally effective judgment or order, they may apply to the people's court at the next higher level for retrial; in a case involving a large number of parties or where 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 a retrial, the execution of the judgment or order shall not be suspended. Article 211 The people's court shall retry the application of a party under any of the following circumstances: (1) there is new evidence sufficient to overturn the original judgment or ruling; (II) the basic facts found in the original judgment or ruling lack evidence; (III) the main evidence for the facts found in the original judgment or ruling is forged; (IV) the main evidence for the facts found in the original judgment or ruling has not been cross-examined; (V) the main evidence required for the trial of the case, the parties cannot collect it on their own due to objective reasons, and the people's court has applied in writing to the people's court for investigation and collection, but the people's court has not investigated and collected it; the original judgment or ruling of the (VI) is indeed wrong in the application of the law; the composition of the (VII) trial organization is illegal or the judges who should be recused according to law have not recused; (VIII) a legal representative, failing to participate in the proceedings for reasons that cannot be attributed to the person or his agent ad litem; (IX) violating the law and depriving the parties of the right to debate; (X) making a judgment in default without a summons; (11) The original judgment or ruling omits or exceeds the request of the lawsuit; (12) The legal documents on which the original judgment or ruling was made have been revoked or changed; (13) The judicial officers have committed embezzlement, bribery, malpractice for personal gain, or perverted the law in adjudicating the case. Article 212 If the parties present evidence to prove that the mediation violates the principle of voluntariness or the content of the mediation agreement violates the law, they may apply for a retrial. If it is found to be true after examination by the people's court, it shall be retried. Article 213 The parties may not apply for a retrial of a legally effective judgment on the dissolution of marriage or a mediation document. Article 214 Where a party applies for retrial, it shall submit an application for retrial and other materials. The people's court shall, within five days from the date of receipt of the application for retrial, send a copy of the application for retrial to the other party. The other party shall submit a written opinion within 15 days from the date of receiving a copy of the application for retrial; failure to submit a written opinion shall not affect the review by 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 215 The people's court shall review the application for retrial within three months from the date of receipt of the application for retrial. If it complies with the provisions of this Law, it shall order the retrial; if it does not comply with the provisions of this Law, it shall order the rejection of the application. In cases where an extension is required due to special circumstances, it shall be approved by the President of this Court. Cases in which a party applies for a retrial shall be tried by a people's court at or above the intermediate people's court, except where the party chooses to apply to a basic people's court for retrial in accordance with the provisions of Article 210 of this Law. A case for which the Supreme People's Court or the Higher People's Court has decided to be retried shall be retried by that court or by another people's court, or may be retried by the people's court that originally tried the case. Article 216 An application for retrial by a party shall be filed within six months after the judgment or ruling takes legal effect; there are items 1, 3, 12, and Article 211 of this Law. Under the circumstances specified in Item 13, it shall be filed within six months from the date when it knows or should have known. Article 217 Where a case is decided to be retried in accordance with the trial supervision procedure, the execution of the original judgment, ruling or mediation statement shall be suspended by order, but the execution may not be suspended in cases of recourse for alimony, maintenance, alimony, pension, medical expenses, labor remuneration, etc. Article 218 Where a people's court retries a case in accordance with the procedure of trial supervision, the legally effective judgment or order is made by the court of first instance, and the party may appeal the judgment or order made in accordance with the procedure of first instance; if the trial is brought up by a people's court at a higher level in accordance with the procedure for trial supervision, the trial shall be conducted in accordance with the procedure of second instance, and the judgment or order rendered shall be legally effective. In trying a retrial case, the people's court shall form a separate collegial panel. Article 219: The Supreme People's Procuratorate finds that there are 211 of this law in the judgments and rulings of the people's courts at all levels that have become legally effective, and the people's procuratorates at higher levels have become legally effective in the judgments and rulings of the people's courts at lower levels. If one of the circumstances specified in Article, or if it is found that the mediation agreement harms the national interest or the public interest, a protest shall be filed. Local people's procuratorates at all levels may submit procuratorial suggestions to the people's court at the same level and report them to the people's procuratorate at the higher level for the record if they find that there are any of the circumstances specified in Article 211 of this law, or if they find that the mediation agreement harms the national interest or the public interest. It may also request the people's procuratorate at a higher level to file a protest to 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 court at the same level with regard to the illegal acts of judicial personnel in judicial procedures other than judicial supervision procedures. Article 220 under any of the following circumstances, the party concerned may apply to the people's procuratorate for procuratorial advice or protest: (1) the people's court rejects the application for retrial; (II) the people's court fails to make a ruling on the application for retrial within the time limit; (III) the retrial judgment or ruling is obviously wrong. The people's procuratorate shall examine the party's application within three months and make a decision to make or not to make a procuratorial recommendation or protest. The party concerned shall not apply again to the people's procuratorate for procuratorial advice or protest. Article 221 Where a people's procuratorate needs to make a procuratorial recommendation or protest for the performance of its legal supervision duties, it may investigate and verify the relevant situation with the parties or outsiders. Article 222 For a case proteched by a people's procuratorate, the people's court that accepts the protest shall make a retrial ruling within 30 days from the date of receipt of the protest; there are items 1 to Article 211 of this law In one of the circumstances specified in the fifth item, it may be submitted to the people's court at the next lower level for retrial, except that it has been retried by the people's court at the next lower level. Article 223 Where a people's procuratorate decides to protest against a judgment, ruling or conciliation statement of a people's court, it shall make a protest. Article 224 When the people's court retried a case protestedby the people's procuratorate, it shall notify the people's procuratorate to send its personnel to attend the court.

Chapter 17 Supervision Procedures

Article 225 If the creditor requests the debtor to pay money and securities, and the following conditions are met, he may apply to the competent basic people's court for a payment order: (1) There is no other debt dispute between the creditor and the debtor; (II) the payment order can be served on the debtor. The application shall specify the amount of money or negotiable securities sought, as well as the facts and evidence on which it is based. Article 226 After the creditor submits the application, the people's court shall notify the creditor whether or not to accept the application within five days. Article 227 After accepting the application, the people's court shall, after examining the facts and evidence provided by the creditor, issue a payment order to the debtor within 15 days from the date of acceptance if the relationship between the creditor's rights and debts is clear and legal; if the application is not tenable, it shall rule to reject it. The debtor shall pay off the debt within 15 days from the date of receipt of the payment order, or submit a written objection to the people's court. If the debtor does not raise an objection or comply with the payment order within the period specified in the preceding paragraph, the creditor may apply to the people's court for enforcement. Article 228 After the people's court receives a written objection from the debtor, if the objection is established after examination, it shall rule to terminate the supervision procedure and the payment order shall be invalidated by itself. If the payment order fails, it shall be transferred to the proceedings, unless the party applying for the payment order does not agree to bring the action.

Chapter 18 Public Notice Procedure

Article 229 The holder of the bill that can be transferred by endorsement according to the provisions may apply to the basic people's court of the place where the bill is paid for the public notice of the bill because the bill is stolen, lost or lost. The provisions of this Chapter shall apply to other matters for which public notice may be applied in accordance with the provisions of 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 invoicer, the holder and the endorser, as well as the reasons and facts of the application. Article 230 When the people's court decides to accept the application, it shall at the same time notify the payer to stop the payment and issue a public announcement 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 231 The payer shall, upon receipt of the notice from the people's court to stop payment, stop payment until the conclusion of the public notice procedure. During the period of public notice, the act of transferring the rights of the instrument shall be null and void. Article 232 Interested parties shall report to the people's court during the period of publicizing the notice. After receiving the declaration from the interested party, the people's court shall decide to terminate the procedure of public notice and notify the applicant and the payer. The applicant or the declarant may bring a suit in a people's court. Article 233 If no declaration is made, 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. From the date of the judgment’s publication, the applicant shall have the right to request payment from the payer. Article 234 If an interested party for justifiable reasons is unable to make a declaration to the people's court before the judgment is made, he may, within one year from the date on which he knows or should have known the public announcement of the judgment, bring a suit in the people's court that made the judgment.## Part III Enforcement Procedures

Chapter XIX General Provisions

Article 235 The legally effective civil judgments and rulings, as well as the property part of criminal judgments and rulings, 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 where the property is executed. Other legal documents that are to be executed by a people's court as provided by law shall be executed by the people's court in the place where the person subjected to execution has his domicile or where the property to be executed is located. Article 236. Parties or interested parties who believe that an enforcement action violates statutory provisions may file a written objection with the people’s court responsible for the enforcement. If the parties or interested parties raise a written objection, the people's court shall review it within 15 days from the date of receipt of the written objection. If the reason is established, it shall rule to cancel or correct it; if the reason is not established, it shall rule to reject it. Any party or interested party who is dissatisfied with the ruling may, within ten days from the date of service of the ruling, apply to the next higher people’s court for a review. Article 237 If the people's court fails to execute the application for execution within six months from the date of receipt of the application for execution, the person applying for execution may apply to the people's court at the next higher level for execution. The people's court at the next higher level may, after examination, order the original people's court to enforce the law within a certain period of time, or may decide that it should enforce the law or order another people's court to enforce the law. Article 238 in the course of execution, if 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 receipt of the written objection, and if the reason is established, it shall order to suspend the execution of the subject matter; if the reason is not established, it shall be rejected. If an outsider or party to the case is not satisfied with the ruling and believes that the original judgment or ruling is wrong, it shall be handled in accordance with the trial supervision procedure; if it has nothing to do with the original judgment or ruling, it may bring a lawsuit in a people's court within 15 days from the date of service of the ruling. Article 239 Execution shall be carried out by the executive. When taking compulsory enforcement measures, the enforcement officer shall present his or her credentials. After the execution is completed, a record of the execution shall be made and signed or sealed by the relevant personnel present. The people's courts may, when necessary, set up executive bodies. Article 240 Where the person subjected to execution or the property to be executed is located in other places, the execution may be entrusted to a local people's court. After receiving the letter of entrustment, the entrusted people's court must start execution within 15 days and may not refuse. After the execution is completed, the entrusting people's court shall promptly reply to the result of the execution; 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. If the entrusted people's court fails to enforce the law within 15 days from the date of receipt of 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 order the entrusted people's court to enforce the law. Article 341 In the course of execution, if the parties reach an agreement on reconciliation on their own, the executor shall enter the contents of the agreement in the record, which shall be signed or sealed by the parties. If the person applying for execution reaches a settlement agreement with the person subject to execution due to fraud or coercion, or if the parties fail to perform the settlement agreement, the people's court may, on the application of the parties, resume the execution of the legal documents originally in force. Article 242 If, in the course of execution, 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 execution and the period of suspension. If the person subjected to execution still fails to perform within the time limit, the people's court shall have the power to execute the property secured by the person subjected to execution or the property of the guarantor. Article 243. If the citizen who is the party subject to enforcement dies, the debt shall be repaid from the citizen’s estate. If the legal person or other organization that is the person subject to execution terminates, the person who receives its rights and obligations shall perform its obligations. Article 244 If, after the completion of execution, the judgment, order or other legal documents on which the execution is based are indeed wrong and are revoked by the people's court, the people's court shall make a ruling on the property that has been executed and order the person who obtained the property to return it; if it refuses to return it, it shall be enforced. Article 245 The provisions of this Part shall apply to the execution of the conciliation statement made by the people's court. Article 246 The people's procuratorates shall have the right to exercise legal supervision over civil enforcement activities.

Chapter Twenty: Application for and Transfer of Execution

Article 247: Civil judgments and rulings that have legal effect must be complied with by the parties. If a 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 executor for enforcement. Parties must comply with mediation statements and other legal documents that are subject to enforcement by the people’s courts. If one party refuses to perform, the other party may apply to the people’s court for enforcement. Article 248 If a party fails to comply with the award of an arbitration institution established in accordance with law, the other party may apply to the people's court that has jurisdiction for enforcement. The people's court to which the application is filed shall execute it. If the respondent provides evidence to prove that the arbitral award has one of the following circumstances, the people's court shall form a collegial panel to examine and verify the award and decide not to be enforced: (1) the parties have not stipulated an arbitration clause in the contract or have not reached a written arbitration agreement afterwards; the matters (II) the award do not fall within the scope of the arbitration agreement or the arbitration institution has no right to arbitrate; (III) the composition of the arbitration tribunal or the arbitration procedure in violation of the procedure; the evidence on which the (IV) award is based is forged; the other party to the (V) has concealed from the arbitration institution evidence sufficient to affect the fair award; the (VI) arbitrator has embezzled, accepted bribes, practiced favoritism, and perverted the law in the arbitration of the case. If the people's court determines that the enforcement of the award is contrary to the public interest, it shall rule not to enforce it. The award shall be served on the parties and the arbitration institution. If the execution of an arbitral award is disallowed by a ruling of a people's court, the parties may, in accordance with the written arbitration agreement reached by both parties, apply for arbitration again, or bring a suit in a people's court. Article 249 If a party fails to perform a creditor's rights document that has been given compulsory execution by a notary office according to law, the other party may apply to the people's court that has jurisdiction for execution, and the people's court that receives the application shall execute it. If there is an error in the notarized creditor's rights document, the people's court shall rule not to execute it and serve the ruling on both parties and the notary office. Article 250 The period for applying for enforcement shall be 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 limitation of action. The period specified in the preceding paragraph shall be calculated from the last day of the period of performance specified in the legal document; if the legal document provides for performance in installments, it shall be calculated from the date of expiration of the last period of performance; if the legal document does not provide for a period of performance, it shall be calculated from the date of entry into force of the legal document. Article 251 Upon receipt of an application for enforcement or a referral for enforcement, the enforcement officer shall issue a notice of enforcement to the enforced party and may immediately take compulsory enforcement measures.

Chapter XXI Implementation Measures

Article 252 If the person subject to execution fails to fulfill the obligations specified in the legal document according to the execution notice, he shall report the current situation and the property situation of the year before the date of receiving 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 circumstances, impose a fine on the person subjected to execution or his legal representative, the main person in charge of the relevant unit or the person directly responsible. Article 253 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 with the relevant units about the deposits, bonds, stocks, fund shares and other property of the person subjected to execution. The people’s court is authorized, depending on the circumstances, to seize, freeze, transfer, and auction off the property of the party subject to enforcement. The property inquired, seized, frozen, allocated or changed by the people's court shall not exceed the scope of the obligations that the person subjected to execution shall perform. When the people's court decides to seize, freeze, allocate or change the value of property, it shall make a ruling and issue a notice of assistance in execution, which the relevant unit must handle. Article 254 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 withhold and withdraw the income of the part of the person subjected to execution that should be performed. However, the necessary living expenses of the person subject to execution and his dependent family members shall be retained. When the people's court withholds or withdraws income, it shall make a ruling and issue a notice of assistance in execution, which must be handled by the unit, bank, credit cooperative and other units with savings business. Article 255 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, seize, freeze, auction or sell off the part of the property that the person subjected to execution should perform. However, the necessities of life of the person subject to execution and his dependent family members shall be retained. When taking the measures set forth in the preceding paragraph, the people’s court shall issue a ruling. Article 256 When the people's court seals up or distrains property, if the person subject to execution is a citizen, it shall notify the person subject to execution or his adult family to be present; if the person subject to execution is a legal person or other organization, it shall notify its legal representative or The main person in charge is present. Refusal to be present shall not affect the execution. If the person subject to enforcement is a citizen, the grassroots organization at their workplace or at the location of their property shall dispatch personnel to attend. The execution officer must make a list of the seized or distrained property, which shall be signed or sealed by the person present and handed over to the person subject to execution. If the person subjected to execution is a citizen, he may also hand over a copy to his adult family member. Article 257 The execution officer may designate the person subject to execution to take charge of the custody of the property that has been sealed up. Losses caused by the fault of the person subjected to execution shall be borne by the person subjected to execution. Article 258 After the property is sealed up or distrained, the execution officer shall order the person subject to execution to perform the obligations specified in the legal document within the specified period. 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 if the parties agree not to auction, the people's court may entrust the relevant unit to sell it or sell it on its own. Articles prohibited by the State from being freely traded shall be handed over to the relevant units for purchase at the prices set by the State. Article 239 If the person subjected to execution fails to perform the obligations specified in the legal documents 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 residence or the place where his property is concealed. To take the measures in the preceding paragraph, the president of the hospital shall issue a search warrant. Article 260 The property or ticket designated for delivery in a legal document shall be delivered in person by the execution officer summoning both parties, or handed over by the execution officer and signed by the person to be delivered. If the relevant unit holds the property or ticket, it shall transmit it in accordance with the notice of the people's court for assistance in execution, and the delivered person shall sign for it. If the citizen concerned is in possession of the property or ticket, the people's court shall notify him or her to hand it over. If it refuses to surrender, it shall be enforced. Article 261 In the case of forced eviction from a house or forced withdrawal from land, the president shall issue a public notice ordering the person subject to execution to perform within a specified period of time. If the person subject to execution fails to perform within the time limit, the execution shall be enforced by the executor. At the time of compulsory execution, if the person subjected to execution is a citizen, the person subjected to execution or his adult family members shall be notified to be present; if the person subjected to execution is a legal person or other organization, its legal representative or main person in charge shall be notified to be present. 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 where the house or land is located shall send people to participate. The enforcement officer shall record the details of the compulsory enforcement in the minutes, which shall be signed or sealed by those present. Property removed from the premises during a compulsory eviction shall be transported by personnel designated by the people’s court to a designated location and handed over to the party subject to enforcement. If the person subjected to execution is a citizen, it may also be handed over to his adult family members. Losses caused by the refusal to accept shall be borne by the executed person. Article 262 If, in the course of execution, it is necessary to go through the formalities for the transfer of certificates of property rights, the people's court may issue a notice of assistance in execution to the relevant units, and the relevant units must do so. Article 163 If the person subjected to execution fails to perform the acts specified in the judgment, ruling or other legal documents in accordance with the enforcement notice, the people's court may enforce the execution or entrust the relevant unit or other person to complete the execution, and the expenses shall be borne by the person subjected to execution. Article 264 If the person subjected to execution fails to perform the obligation to pay money within the period specified in the judgment, ruling or other legal documents, the interest on the debt during the period of delayed performance shall be doubled. If the party subject to enforcement fails to perform other obligations within the period specified in the judgment, ruling, or other legal documents, it shall pay a delay damage. Article 265 After the people's court has taken the enforcement measures provided for in Articles 253, 254 and 255 of this Law, if the person subject to execution is still unable to repay the debts, he shall continue to perform his obligations. If a creditor discovers that the judgment debtor has other assets, the creditor may at any time request the people’s court to enforce execution. Article 266 If the person subject to execution fails to perform the obligations specified in the legal document, the people's court may take or notify the relevant unit to assist in the adoption of restrictions on exit, record in the credit investigation system, publish information on non-performance of obligations through the media, and other measures prescribed by law.

Chapter 22 Suspension and Termination of Execution

Article 267 Under any of the following circumstances, the people's court shall decide to suspend the execution: (1) The applicant indicates that the execution can be postponed; (II) the outsider raises a reasonable objection to the subject of execution; (III) the citizen as a party dies, it is necessary to wait for the heir to inherit the rights or assume the obligations; (IV) the legal person or other organization as a party terminates, and the person who has not yet determined the rights and obligations; (V) other circumstances under which the people's court considers that execution should be suspended. Execution shall be resumed once the circumstances for suspension have ceased to exist. Article 268 under any of the following circumstances, the people's court shall rule to terminate the execution: (1) the applicant revokes the application; the legal document on which the (II) is executed is revoked; (III) the citizen who is the executed person dies, there is no estate to enforce and there is no obligation to bear; the obligee who (IV) to recover alimony, alimony or alimony dies; (V) the citizen who is the executed person is unable to repay the loan due to live, having no source of income and losing the ability to work; (VI) other circumstances in which the people's court considers that enforcement should be terminated. Article 269: A ruling on the suspension or termination of enforcement shall take effect immediately upon service upon the parties.## Part IV Special Provisions on Civil Litigation Involving Foreign Elements

Chapter 23 General Principles

Article 270 In the territory of the People's Republic of China, foreign-related civil litigation shall be governed by the provisions of this chapter. In cases not provided for in this section, the relevant provisions of this Law shall apply. Article 271 If an international treaty concluded or acceded to by a People's Republic of China contains provisions differing from those of this Law, the provisions of the international treaty shall apply, except those to which the the People's Republic of China has made reservations. Article 272: Civil lawsuits 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 to which the People's Republic of China has acceded or participated. Article 273: When hearing foreign-related civil cases, the people's courts shall use the common language and script of the People's Republic of China. If a party requests translation services, such services may be provided, with the costs borne by the party. Article 274 If a foreigner, stateless person, foreign enterprise or organization brings a suit or appears in a people's court and needs to entrust a lawyer to represent the suit, it must entrust a People's Republic of China lawyer. Article 275 a power of attorney sent or entrusted by a foreigner, stateless person, foreign enterprise or organization who has no domicile in the the People's Republic of China field to represent a People's Republic of China lawyer or other person shall be certified by the notary public of the host country, certified by the the People's Republic of China embassy or consulate in the country, or go through the certification procedures stipulated in the relevant treaties concluded between the the People's Republic of China and the country.

Chapter Twenty-Four Jurisdiction

Article 276 Due to foreign-related civil disputes, if the place where the contract is signed, the place where the contract is performed, the location of the subject matter of the litigation, the location of the property available for seizure, the location of the tort and the domicile of the representative office are located in the the People's Republic of China field, 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 subject matter of the litigation is located, the place where the property can be seized, the place where the infringement is committed, and the place where the representative office is domiciled. Except as provided in the preceding paragraph, if a foreign-related civil dispute has other appropriate connections with the People's Republic of China, it may be under the jurisdiction of the people's courts. Article 277 Where the parties to a foreign-related civil dispute have, by written agreement, chosen the jurisdiction of the people’s court, such dispute may be under the jurisdiction of the people’s court. Article 278. If a party fails to raise an objection to jurisdiction and nevertheless appears in court to defend or files a counterclaim, it shall be deemed that the people’s court has jurisdiction. Article 279 The following civil cases shall be under the exclusive jurisdiction of the people's courts: (1) lawsuits arising from disputes over the establishment, dissolution or liquidation of a legal person or other organization established in the field of the People's Republic of China, and the validity of resolutions made by the legal person or other organization; (II) lawsuits arising from disputes relating to the examination of the validity of intellectual property rights granted in the field of the People's Republic of China; (III) litigation arising from disputes over the performance of contracts for Chinese-foreign equity joint ventures, Chinese-foreign contractual joint ventures, and Chinese-foreign contractual joint exploration and development of natural resources in the People's Republic of China areas. Article 280 In the case of the same dispute between the parties, if one party brings a suit in a foreign court and the other party brings a suit in a people's court, or if a party brings a suit in both a foreign court and a people's court, the people's court may accept the dispute if it has jurisdiction in accordance with this Law. If the parties enter into an exclusive jurisdiction agreement to choose the jurisdiction of a foreign court and do not violate the provisions of this Law on exclusive jurisdiction, and do not involve the sovereignty, security or public interest of the the People's Republic of China, the people's court may rule that it shall not accept the case; if it has already accepted the case, it shall rule to reject the prosecution. Article 281 after the people's court accepts a case in accordance with the provisions of the preceding article, if the party applies in writing to the people's court to suspend the lawsuit on the ground that the foreign court has accepted the case before the people's court, the people's court may rule to suspend the lawsuit, except in one of the following circumstances: (1) the parties agree to choose the jurisdiction of the people's court, or the dispute falls under the exclusive jurisdiction of the people's court; (II) is obviously more convenient by the people's court. If a foreign court fails to take the necessary measures to hear the case or fails to conclude the proceedings within a reasonable time, upon a written application by the parties, the people’s court shall resume the litigation. If a legally effective judgment or order made by a foreign court has been recognized in whole or in part by the people's court, and the party brings a suit in the people's court for the part that has been recognized, the order shall be inadmissible; if the case has been accepted, the order shall be rejected. Article 182 If the defendant raises an objection to jurisdiction in a foreign-related civil case accepted by a people's court and the following circumstances exist at the same time, the defendant may rule to dismiss the prosecution and inform the plaintiff to file a lawsuit in a more convenient foreign court: (1) the basic facts of the dispute do not occur in the field of the People's Republic of China, and it is obviously inconvenient for the people's court to hear the case and for the parties to participate in the proceedings; (II) there is no agreement to choose the jurisdiction of the people's court; (III) cases do not fall under the exclusive jurisdiction of the people's courts; (IV) cases do not involve the People's Republic of China sovereignty, security or social public interests; it is more convenient to (V) foreign courts to hear cases. After a foreign court has rendered a ruling dismissing the action, if it refuses to exercise jurisdiction over the dispute, fails to take the necessary measures to hear the case, or fails to conclude the proceedings within a reasonable time, and the parties subsequently bring the same claim before a people’s court, the people’s court shall accept the case.

Chapter 25 Service, Investigation and Evidence Collection, Period

Article 283 The people's court may serve litigation documents to the party who has no domicile in the the People's Republic of China field in the following ways: (1) Serve documents in accordance with the international treaties concluded or participated in by the the People's Republic of China of the recipient's country; (II) through diplomatic channels; (III), for the recipient with the People's Republic of China nationality, it may entrust the embassy or consulate of the the People's Republic of China in the country where the recipient's country to serve documents; the (IV) is served on the litigation agent entrusted by the person to be served in this case; the (V) is served on the sole proprietorship, representative office, branch office or business agent established by the person to be served in the the People's Republic of China field; (VI) the person to be served is a foreigner or stateless person, and the legal person or other organization established in the the People's Republic of China field serves as the legal representative or main person in charge, and is a joint defendant with the legal person or other organization, to the legal person or other organization; (VII) the person to be served is a foreign legal person or other organization, and its legal representative or main person in charge is in the the People's Republic of China field, it shall be served to its legal representative or main person in charge; (VIII) the law of the country where the person to be served is allowed to be served by mail, it may be served by mail. Three months after the date of mailing, the service receipt has not been returned, but various circumstances are sufficient to determine that it has been served, the date of expiration of the period shall be deemed to be served; the (IX) shall be served by electronic means that can confirm the receipt of the person to be served, except where prohibited by the law of the country in which the person to be served is located; the (X) shall be served by other means agreed to by the person to be served, except where prohibited by the law of the country in which the person to be served is located. If service cannot be effected by the aforementioned methods, service by public notice shall be deemed complete sixty days from the date of issuance of the notice. Article 284 If the evidence that the parties apply to the people's court for investigation and collection is located outside the territory of the the People's Republic of China, the people's court may investigate and collect the evidence in accordance with the methods provided for in the international treaties concluded or to which the the People's Republic of China is a party or through diplomatic channels. In cases where the law of the host country does not prohibit it, the people's court may investigate and collect the following methods: (1) For parties and witnesses with the People's Republic of China nationality, it may entrust the People's Republic of China embassies and consulates in the country where the parties and witnesses are located to collect evidence on their behalf; (II) With the consent of both parties, evidence is obtained through instant messaging tools; (III) evidence is obtained by other methods agreed by both parties. Article 285 If the defendant has no domicile in the the People's Republic of China area, the people's court shall serve a copy of the bill of complaint on the defendant and notify the defendant to file a defense 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 286 A party who has no domicile within the territory of the People's Republic of China and is dissatisfied with a first-instance people's court judgment or ruling shall have the right to file an appeal within thirty days from the date of service of the judgment or ruling. The appellee shall file a statement of defense within thirty days after receiving a copy of the notice of appeal. If a party is unable to file an appeal or submit a statement of defense within the statutory period and applies for an extension, the People’s Court shall decide whether to grant such extension. Article 287. The time limits prescribed in Articles 152 and 183 of this Law shall not apply to the period for the People’s Courts to hear civil cases involving foreign elements.

Chapter Twenty-Six: Arbitration

Article 288 For disputes arising in foreign-related economic trade, transportation and maritime affairs, if the parties have an arbitration clause in the contract or reach a written arbitration agreement afterwards, and submit it to the People's Republic of China foreign-related arbitration institution or other arbitration institutions for arbitration, the parties shall not bring a suit in a people's court. If the parties have not included an arbitration clause in the contract or have failed to reach a written arbitration agreement thereafter, they may bring a lawsuit before the people’s court. Article 289. Where a party applies for interim measures, the foreign-related arbitration institution of the People's Republic of China shall submit the party's application to the intermediate people's court at the respondent's domicile or where the respondent's property is located for a ruling. Article 290 Where a case has been adjudicated by an arbitration institution of the People's Republic of China involving foreign elements, the parties shall not file a lawsuit with the people's court. If one party fails to perform the arbitral award, the other party may apply for enforcement to the intermediate people's court in the place where the respondent has his domicile or property. Article 291 If the respondent provides evidence to prove that the arbitral award is under any of the following circumstances, the people's court shall form a collegial panel to examine and verify the award and decide not to enforce it: (1) the parties have not stipulated an arbitration clause in the contract or have not reached a written arbitration agreement afterwards; (II) the respondent has not been notified of the appointment of an arbitrator or the conduct of arbitration proceedings, or fails to state its opinion for other reasons that are not the responsibility of the respondent; (III) the composition of the arbitral tribunal or the procedure of the arbitration is not in conformity with the arbitration rules; the matters awarded by the (IV) are not within the scope of the arbitration agreement or the arbitration institution is not competent to arbitrate. If the people's court determines that the enforcement of the award is contrary to the public interest, it shall rule not to enforce it. Article 292 If the enforcement of an arbitral award is disallowed by a people's court, the parties may, in accordance with the written arbitration agreement reached between them, apply for arbitration again, or bring a suit in a people's court.

Chapter 27 Judicial Assistance

Article 293 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 assistance requested by a foreign court is detrimental to the sovereignty, security or public interests of the the People's Republic of China, the people's court shall not enforce it. Article 294 The request for and provision of judicial assistance shall be made through the channels provided for in the international treaties concluded or acceded to by the the People's Republic of China; in the absence of treaty relations, through diplomatic channels. Foreign embassies and consulates in the People's Republic of China may serve documents and investigate and collect evidence on citizens of that country, but they shall not violate the People's Republic of China laws and shall not take compulsory measures. Except for the circumstances specified in the preceding paragraph, no foreign agency or individual may serve documents, investigate and collect evidence in the People's Republic of China areas without the permission of the the People's Republic of China competent authority. Article 295 A request for judicial assistance by a foreign court to a people's court and the accompanying documents shall be accompanied by a Chinese translation or a text in other languages prescribed by international treaties. The letter of request for judicial assistance by a people's court and the accompanying documents shall be accompanied by a translation in the language of that State or in other languages provided for in international treaties. Article 296 The people's courts shall provide judicial assistance in accordance with the procedures prescribed by the People's Republic of China laws. If a foreign court requests the use of a special method, it may also proceed in the special method requested by it, but the special method requested shall not violate the People's Republic of China laws. Article 297 If a legally effective judgment or order made by a people's court or its property is not within the territory of the the People's Republic of China, the party may directly apply to the foreign court with jurisdiction for recognition and enforcement, or the people's court may, in accordance with the provisions of the international treaties concluded or acceded to by the the People's Republic of China, or in accordance with the principle of reciprocity, request the foreign court to recognize and enforce it. If the parties request enforcement of an arbitral award made in accordance with the law in the field of the People's Republic of China, if the person subject to execution or his property is not in the field of the People's Republic of China, the parties may directly apply to the foreign court with jurisdiction for recognition and enforcement. Article 198: Where a legally effective judgment or order made by a foreign court needs to be recognized and enforced by the people's court, the parties may directly apply to the intermediate people's court that has jurisdiction for recognition and enforcement, or the foreign court may comply with the country. The provisions of the international treaties concluded or acceded to by the the People's Republic of China, or the principle of reciprocity, request the people's court to recognize and enforce. Article 299 If the people's court considers that a legally effective judgment or order made by a foreign court applying for or requesting recognition and enforcement does not violate the basic principles of the People's Republic of China law and does not harm national sovereignty, security or social and public interests after reviewing it in accordance with the international treaties concluded or acceded to by the the People's Republic of China or in accordance with the principle of reciprocity, it shall rule to recognize its validity; if it needs to be enforced, an enforcement order shall be issued, in accordance with the relevant provisions of this Law. Article 300 The people's court shall, after examination, decide not to recognize and enforce a legally effective judgment or order made by a foreign court applying for or requesting recognition and enforcement under any of the following circumstances: (1) According to the provisions of Article 300 of this Law, the foreign court has no jurisdiction over the case; (II) the respondent has not been legally summoned or has not been given a reasonable opportunity to make a statement or debate despite being legally summoned, or the party without legal capacity has not been properly represented; the (III) judgment or ruling has been obtained through fraud; the (IV) people's court has made a judgment or ruling on the same dispute, or has recognized the judgment or ruling made by the court of a third country on the same dispute; (V) violates the basic principles of the People's Republic of China law or harms national sovereignty, security, or social and public interests. Article 101 The people's court shall find that the foreign court has no jurisdiction over the case under any of the following circumstances: (1) the foreign court has no jurisdiction over the case in accordance with its law, or although it has jurisdiction in accordance with its law, it has no proper connection with the dispute involved in the case; the (II) violates the provisions of this Law on exclusive jurisdiction; (III) violates the agreement of the parties to exclusively choose the jurisdiction of the court. Article 32 Where a party applies to a people's court for recognition and enforcement of a legally effective judgment or order made by a foreign court, and the dispute involved in the judgment or order belongs to the same dispute as the dispute being tried by the people's court, the people's court may rule to suspend the litigation. If a legally effective judgment or ruling made by a foreign court does not meet the conditions for recognition stipulated in this Law, the people's court shall rule not to recognize and enforce it, and resume the suspended litigation; if the conditions for recognition stipulated in this Law are met, the people's court shall rule to recognize its validity; if enforcement is necessary, an enforcement order shall be issued and executed in accordance with the relevant provisions of this Law; for the suspended litigation, the lawsuit shall be rejected. Article Q3 If the parties are not satisfied with the decision on recognition and enforcement or non-recognition and enforcement, they may apply to the people's court at the next higher level for reconsideration within ten days from the date of service of the decision. Article 34 Where a legally effective arbitral award made outside the the People's Republic of China domain needs to be recognized and enforced by the people's court, the parties may directly apply to the intermediate people's court in the place where the person subject to execution has his domicile or where his property is located. If the place of domicile of the person subjected to execution or his property is not within the the People's Republic of China area, the party concerned may apply to the intermediate people's court in the place where the applicant has his domicile or a place that has an appropriate connection with the adjudicated dispute. The people's courts shall act in accordance with the international treaties the People's Republic of China have concluded or acceded to, or in accordance with the principle of reciprocity. Article 105 Civil actions involving foreign countries shall be governed by the provisions of the People's Republic of China laws concerning the immunity of foreign countries; if there are no provisions in the relevant laws, this Law shall apply. Article 106 This Law shall enter into force on the date of promulgation, and the the People's Republic of China Civil Procedure Law (for Trial Implementation) shall be abrogated at the same time.