新民事诉讼法英文版.docx

1、新民事诉讼法英文版新民事诉讼法（英文版）新民事诉讼法(英文版) 2008-03-15 新民事诉讼法(英文版) Civil Procedure Law of the Peoples Republic of China (Adopted on April 9, 1991 at the Fourth Session of the Seventh National Peoples Congress, and revised according to the Decision of the Standing Committee of the National Peoples Congress on Am

2、ending the Civil Procedure Law of the Peoples Republic of China as adopted at the 30th Session of the Standing Committee of the 10th National Peoples Congress) Table of Contents Part One General Principles Chapter 1 Purposes, Scope of Regulation and Basic Principles Chapter 2 Jurisdiction Section 1

3、Jurisdiction by Levels of Courts Section 2 Territorial Jurisdiction Section 3 Jurisdiction by Transfer and Jurisdiction by Designation Chapter 3 Trial Organization Chapter 4 Recusal of Adjudicating Personnel Chapter 5 Litigation Participants Section 1 Parties Section 2 Litigation Representatives Cha

4、pter 6 Evidence Chapter 7 Time Periods and Service Section 1 Time Periods Section 2 Service 1 Chapter 8 Mediation Chapter 9 Property Preservation and Advance Enforcement Chapter 10 Compulsory Measures against Obstruction of Civil Actions Chapter 11 Litigation Expenses Part Two Trial Procedure Chapte

5、r 12 Ordinary Procedure of First Instance Section 1 Filing and Accepting Lawsuits Section 2 Pretrial Preparation Section 3 Courtroom Trial Section 4 Lawsuit Suspension and Conclusion Section 5 Judgments and Rulings Chapter 14 Procedure of Second Instance Chapter 15 Special Procedure Section 1 Genera

6、l Stipulations Section 2 Cases Concerning the Credentials of Voters Section 3 Cases Concerning the Declaration of Missing or Dead Persons Section 4 Cases Concerning the Determination of Citizens Capacities in Civil Conducts Section 5 Cases Concerning the Determination of Ownerless Property Chapter 1

7、6 Procedure of Adjudication Supervision Chapter 17 Summary Procedure for Collecting Debts Chapter 18 Procedure of Public Summon Part Three Procedure of Enforcement 2 Chapter 19 General Stipulations Chapter 20 Application and Referral of Enforcement Chapter 21 Enforcement Measures Chapter 22 Suspensi

8、on and Termination of Enforcement Part Four Special Provisions of the Civil Procedures Involving Foreign Elements Chapter 23 General Principles Chapter 24 Jurisdiction Chapter 25 Service and Time Periods Chapter 26 Property Preservation Chapter 27 Arbitration Part One General Principles Chapter 1 Pu

9、rposes, Scope of Regulation and Basic Principles Article 1 The Civil Procedure Law of the Peoples Republic of China is formulated according to the Constitution and in the light of the experience and actual conditions of adjudicating civil cases in our country. Article 2 The purposes of the Civil Pro

10、cedure Law of the Peoples Republic of China are to protect the litigation rights exercised by the parties, to ensure that the peoples courts find facts, to distinguish right from wrong, to apply the law correctly, to try civil cases promptly, to affirm the rights and obligations in civil affairs, to

11、 impose sanctions for civil wrong doings, to protect the lawful rights and interests of the parties, to educate citizens to voluntarily abide by the law, to maintain the social and economic order, and to guarantee the smooth progress of the socialist construction. Article 3 The provisions of this La

12、w shall apply to all the civil litigation accepted by peoples courts regarding disputes over the status of property and personal relations among citizens, legal persons, or other organizations respectively and mutually between citizens, legal persons, or other organizations. 3 Article 4 All those wh

13、o involve in civil lawsuits within the territory of the Peoples Republic of China must abide by this Law. Article 5 Foreign nationals, stateless persons, foreign enterprises, or organizations, which initiate or respond to lawsuits in peoples courts, shall have the same litigation rights and obligati

14、ons as the citizens, legal persons, or other organizations of the Peoples Republic of China. Should the courts of a foreign country impose restrictions on the civil litigation rights of the citizens, legal persons, or other organizations of the Peoples Republic of China, the peoples courts of the Pe

15、oples Republic of China shall follow the principle of reciprocity regarding the civil litigation rights of the citizens, enterprises, or organizations of that foreign country. Article 6 The adjudication authority over civil cases shall be exercised by the peoples courts only. The peoples courts shal

16、l adjudicate civil cases independently according to law, and shall not be subject to any interference from an administrative organ, public organization, or individual. Article 7 The peoples courts must take the facts as the basis and take the law as the criterion when adjudicating civil cases. Artic

17、le 8 All parties to a civil litigation shall have equal litigation rights. The peoples courts shall, when adjudicating civil cases, guarantee and facilitate all parties to exercise their litigation rights, and apply the law equally to all parties. Article 9 When adjudicating civil cases, the peoples

18、 courts may mediate the disputes according to the principles of voluntariness and lawfulness; if a mediation agreement can not be reached, the courts shall render judgments without delay. Article 10 When adjudicating civil cases, the peoples courts shall apply the systems of collegial panel, recusal

19、, public trial, and “two trials and the second one is final”. Article 11 Chinese citizens of all ethnicities shall have the right to use their native spoken and written languages in civil proceedings. 4 In the areas where an ethnic minority is concentrated or a number of different ethnic nationaliti

20、es live together, the peoples courts shall conduct hearings and publish legal documents in the spoken and written languages commonly used by these people. The peoples courts shall provide translations for any litigation participants who are not familiar with the spoken or written languages commonly

21、used by the local people. Article 12 When adjudicating civil cases by the peoples court, the parties shall have the right to engage in argument. Article 13 The parties to a civil litigation shall be entitled, within the scope stipulated by law, to dispose their rights of civil affairs and litigation

22、. Article 14 The peoples procuratorates shall have the right to exercise legal supervision over the civil proceedings. Article 15 If the civil rights and interests of the state, a collective, or an individual have been infringed, a state organ, public organization, enterprise, or institution may sup

23、port the injured unit or individual to initiate legal action in a peoples court. Article 16 The Peoples Conciliation Committees are the organizations for mass to mediate civil disputes derived from private citizens under the guidance of basic peoples governments and the basic peoples courts. The Peo

24、ples Conciliation Committees shall conduct all mediations according to legal provisions and the principle of voluntariness. All concerned parties shall enforce mediation agreement. Where any concerned parties refuse mediation, fail to reach a mediation agreement, or retract a mediation agreement, th

25、ey may initiate legal proceedings in a peoples court. If a Peoples Conciliation Committee violates the law when mediating civil disputes, the peoples court shall correct it. Article 17 The peoples congresses of the national autonomous areas may formulate some accommodating or supplementary provision

26、s according to the principles of the Constitution and this Law and based on the specific circumstances of their localities. Such provisions made by an autonomous region shall be submitted to the Standing Committee of the National Peoples Congress for approval. The provisions made by an autonomous pr

27、efecture or autonomous county shall be submitted to the standing 5 committee of the peoples congress of the relevant autonomous region or province for approval and to the Standing Committee of the National Peoples Congress for the record. Chapter 2 Jurisdiction Section 1 Jurisdiction by Levels of Co

28、urts Article 18 A basic peoples court shall have jurisdiction as the court of first instance over civil cases, unless otherwise stipulated in this Law. Article 19 An intermediate peoples court shall have jurisdiction as courts of first instance over the following civil cases: (1)Major cases involvin

29、g foreign elements; (2)Cases that have major impacts in the area of its jurisdiction; and (3)Cases under the jurisdiction of the intermediate peoples courts as determined by the Supreme Peoples Court. Article 20 A higher peoples courts shall have jurisdiction as the court of first instance over civi

30、l cases that have major impacts on the areas of its jurisdiction. Article 21The Supreme Peoples Court shall have jurisdiction as the court of first instance over the following civil cases: (1)Cases that have major impacts on the whole country; and (2)Cases that the Supreme Peoples Court deems should

31、 be adjudicated by itself. Section 2 Territorial Jurisdiction Article 22 A civil lawsuit brought against a citizen shall be under the jurisdiction of the peoples court located in the place where the defendant has his domicile; if the defendants domicile is different from his habitual residence, the

32、lawsuit shall be under the jurisdiction of the peoples court located in the place of his habitual residence. 6 A civil lawsuit brought against a legal person or an organization shall be under the jurisdiction of the peoples court located in the place where the defendant has its domicile. Where the domiciles or habitual residences of several defendants in the same