Civil Procedure Law.docx
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Civil Procedure Law.docx
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CivilProcedureLaw
CIVIL PROCEDURE LAW OF THE PEOPLE'S REPUBLIC OF CHINA
(Adopted at the Fourth Session of the Seventh National People'sCongress on April 9, 1991, promulgated by Order No. 44 of the President ofthe People's Republic of China on April 9, 1991, and effective as of thedate of promulgation)
Important Notice:
(注意事项)
当发生歧意时, 应以法律法规颁布单位发布的中文原文为准.
In case of discrepancy, the original version in Chinese shall prevail.
Whole Document (法规全文)
CIVIL PROCEDURE LAW OF THE PEOPLE'S REPUBLIC OF CHINA
(Adopted at the Fourth Session of the Seventh National People's
Congress on April 9, 1991, promulgated by Order No. 44 of the President of
the People's Republic of China on April 9, 1991, and effective as of the
date of promulgation)
Contents
Part One General Provisions
CHAPTER I The Aim, Scope of Application and Basic Principles
CHAPTER II Jurisdiction
Section 1 Jurisdiction by Forum Level
Section 2 Territorial Jurisdiction
Section 3 Transfer and Designation of Jurisdiction
CHAPTER III Trial Organization
CHAPTER IV Withdrawal
CHAPTER V Participants in Proceedings
Section 1 Parties
Section 2 Agents ad Litem
CHAPTER VI Evidence
CHAPTER VII Time Periods and Service
Section 1 Time Periods
Section 2 Service
CHAPTER VIII Conciliation
CHAPTER IX Property Preservation and Advance Execution
CHAPTER X Compulsory Measures Against Obstruction of Civil Proceedings
CHAPTER XI Litigation Costs
Part Two Trial Procedure
CHAPTER XII Ordinary Procedure of First Instance
Section 1 Bringing a Lawsuit and Entertaining a Case
Section 2 Preparations for Trial
Section 3 Trial in Court
Section 4 Suspension and Termination of Litigation
Section 5 Judgment and Order
CHAPTER XIII Summary Procedure
CHAPTER XIV Procedure of Second Instance
CHAPTER XV Special Procedure
Section 1 General Provisions
Section 2 Cases Concerning the Qualification of Voters
Section 3 Cases Concerning the Declaration of a Person as Missing or
Dead
Section 4 Cases Concerning the Adjudgment of Legal Incapacity or
Restricted Legal Capacity of Citizens
Section 5 Cases Concerning the Determination of a Property as
Ownerless
CHAPTER XVI Procedure for Trial Supervision
CHAPTER XVII Procedure for Hastening Debt Recovery
CHAPTER XVIII Procedure for Publicizing Public Notice for Assertion of
Claims
CHAPTER XIX Procedure for Bankruptcy and Debt Repayment of Legal Person
Enterprises
Part Three Procedure of Execution
CHAPTER XX General Provisions
CHAPTER XXI Application for Execution and Referral
CHAPTER XXII Execution Measures
CHAPTER XXIII Suspension and Termination of Execution
Part Four Special Provisions for Civil Procedure of Cases Involving
Foreign Element
CHAPTER XXIV General Principles
CHAPTER XXV Jurisdiction
CHAPTER XXVI Service and Time Periods
CHAPTER XXVII Property Preservation
CHAPTER XXVIII Arbitration
CHAPTER XXIX Judicial Assistance
PART ONE GENERAL PROVISIONS
Chapter I The Aim, Scope of Application and Basic Principles
Article 1
The Civil Procedure Law of the People's Republic of China is formulated on
the basis of the Constitution and in the light of the experience and
actual conditions of our country in the trial of civil cases.
Article 2
The Civil Procedure Law of the People's Republic of China aims to protect
the exercise of the litigation rights of the parties and ensure the
ascertaining of facts by the people's courts, distinguish right from
wrong, apply the law correctly, try civil cases promptly, affirm civil
rights and obligations, impose sanctions for civil wrongs, protect the
lawful rights and interests of the parties, educate citizens to
voluntarily abide by the law, maintain the social and economic order, and
guarantee the smooth progress of the socialist construction.
Article 3
In dealing with civil litigation arising from disputes on property and
personal relations between citizens, legal persons or other organizations
and between the three of them, the people's courts shall apply the
provisions of this Law.
Article 4
Whoever engages in civil litigation within the territory of the People's
Republic of China must abide by this Law.
Article 5
Aliens, stateless persons, foreign enterprises and organizations that
bring suits or enter appearance in the people's courts shall have the same
litigation rights and obligations as citizens, legal persons and other
organizations of the People's Republic of China.
If the courts of a foreign country impose restrictions on the civil
litigation rights of the citizens, legal persons and other organizations
of the People's Republic of China, the people's courts of the People's
Republic of China shall follow the principle of reciprocity regarding the
civil litigation rights of the citizens, enterprises and organizations of
that foreign country.
Article 6
The people's courts shall exercise judicial powers with respect to civil
cases. The people's courts shall try civil cases independently in
accordance with the law, and shall be subject to no interference by any
administrative organ, public organization or individual.
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 in civil litigation shall have equal litigation rights. The
people's courts shall, in conducting the trials, safeguard their rights,
facilitate their exercising the rights, and apply the law equally to them.
Article 9
In trying civil cases, the people's courts shall conduct conciliation for
the parties on a voluntary and lawful basis; if conciliation fails,
judgments shall be rendered without delay.
Article 10
In trying civil cases, the people's courts shall, according to the
provisions of the law, follow the systems of panel hearing, withdrawal,
public trial and the court of second instance being that of last instance.
Article 11
Citizens of all nationalities shall have the right to use their native
spoken and written languages in civil proceedings.
Where minority nationalities live in aggregation in a community or where
several nationalities live together in one area, the people's courts shall
conduct hearings and issue legal documents in the spoken and written
languages commonly used by the local nationalities.
The people's courts shall provide translations for any participant in the
proceedings who is not familiar with the spoken or written languages
commonly used by the local nationalities.
Article 12
Parties to civil actions are entitled in the trials by the people's courts
to argue for themselves.
Article 13
The parties are free to deal with their own civil rights and litigation
rights the way they prefer within the scope provided by the law.
Article 14
The people's procuratorates shall have the right to exercise legal
supervision over civil proceedings.
Article 15
Where an act has infringed upon the civil rights and interests of the
State, a collective organization or an individual, any State organ, public
organization, enterprise or institution may support the injured unit or
individual to bring an action in a people's court.
Article 16
The people's conciliation committees shall be mass organizations to
conduct conciliation of civil disputes under the guidance of the grass-
roots level people's governments and the basic level people's courts.
The people's conciliation committee shall conduct conciliation for the
parties according to the Law and on a voluntary basis. The parties
concerned shall carry out the settlement agreement reached through
conciliation; those who decline conciliation or those for whom
conciliation has failed or those who have backed out of the settlement
agreement may institute legal proceedings in a people's court.
If a people's conciliation committee, in conducting conciliation of civil
disputes, acts contrary to the law, rectification shall be made by the
people's court.
Article 17
The people's congresses of the national autonomous regions may formulate,
in accordance with the Constitution and the principles of this Law, and in
conjunction with the specific circumstances of the local nationalities,
adaptive and supplementary provisions. Such provisions made by an
autonomous region shall be submitted to the Standing Committee of the
National People's Congress for approval; those made by an autonomous
prefecture or autonomous county shall be submitted to the standing
committee of the people's congress of the relevant province or autonomous
region for approval and to the Standing Committee of the National People's
Congress for the record.
Chapter II Jurisdiction
Section 1 Jurisdiction by Forum Level
Article 18
The basic people's courts shall have jurisdiction as courts of first
instance over civil cases, unless 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 cases involving foreign element;
(2) cases that have major impact on the area under their jurisdiction; and
(3) cases as determined by the Supreme People's Court to be under the
jurisdiction of the intermediate people's courts.
Article 20
The high people's courts shall have jurisdiction as courts of first
instance over civil cases that have major impact on the areas under their
jurisdiction.
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