Decision of the Standing Committee of the National People's Congress on Revising the Civil Procedure Law of the People's Republic of China

Decision of the Standing Committee of the National People's Congress on Revising the Civil Procedure Law of the People's Republic of China

Order of the President of the People's Republic of China No. 59

August 31, 2012

The Decision of the Standing Committee of the National People's Congress on the Amendment of the Civil Procedure Law of the People's Republic of China adopted at the 28th session of the Standing Committee of the 11th National People's Congress of the People's Republic of China on August 31, 2012 is hereby promulgated and shall come into force as of January 1, 2013.

Hu Jintao, President of the People's Republic of China

Decision of the Standing Committee of the National People's Congress on Revising the Civil Procedure Law of the People's Republic of China

(Adopted at the 28th session of the Standing Committee of the 11th National People's Congress of the People's Republic of China on August 31, 2012)

It has been decided at the 28th session of the Standing Committee of the 11th National People's Congress of the People's Republic of China on August 31, 2012 to revise the Civil Procedure Law of the People's Republic of China as follows:

I. A new paragraph is added as paragraph 1 of Article 13 that reads:
"Civil proceedings shall follow the principle of good faith."

II. Article 14 is amended to read:
"The people's procuratorates have the authority to conduct legal supervision over civil proceedings."

III. Article 16 is deleted.

IV. Article 25 is renumbered as Article 34 and revised to read:
"The parties to a contractual dispute or any other property dispute may agree in the written contract on the people's court at the locality where the defendant is domiciled, where the contract is performed, where the contract is signed, where the plaintiff is domiciled or where the subject matter is located to be the competent court, provided that such an agreement may not violate the provisions of this Law regarding jurisdiction by level and exclusive jurisdiction."

V. A new article is added as Article 26 which reads:
"Proceedings initiated in connection with disputes over the incorporation of a company, confirmation of the eligibility of shareholder(s) of the company, profit distribution or dissolution of the company shall be under the jurisdiction of the people's court at the domicile of the company."

VI. Article 38 is amended to Article 127, with a new paragraph inserted as Paragraph 2:
"Where the party does not raise any objection to the jurisdiction of the case and responds to the claim and enters defense, the party shall be deemed to have agreed to the jurisdiction, unless it is in violation of the provisions regarding jurisdiction by level and exclusive jurisdiction."

VII. Article 39 is renumbered as Article 38, and Paragraph 1 thereof is revised to read:
"A people's court at higher level shall have the authority to try the first instance civil cases of a people's court at a lower level; where it is necessary for a people's court as the court of first instance to transfer a civil case to a court at a lower level, the people's court shall apply to its superior court for approval."

VIII. Article 45 is renumbered as Article 44 and revised to read:
"Any member of the adjudicating personnel under any of the following circumstances shall withdraw themselves, and the lawsuit parties shall also have the right to request, orally or in writing, for such an adjudicator to be withdrawn from the case:
1. the adjudicator is a party or a near relative of a party or a near relative of an agent ad litem to the case;
2. the adjudicator has a personal interest in the case; or
3. the adjudicator has other relationship with a party to the case, which may affect the impartial adjudication of the case.
Where a member of the adjudicating personnel accepts any benefits or valuables given by any of the party or agent ad litem to the case, or he or she meet-up with the party or agent in violation of the relevant provisions, lawsuit parties shall have the right to request that such adjudicator be withdrawn from the case.
Any member of the adjudicating personnel that commits any of the violations stipulated in the preceding paragraph shall be prosecuted in accordance with the law for legal liabilities.
The above provisions shall also apply to clerks, interpreters, expert witnesses, and examiners."

IX. A new article is added as Article 55 which reads:
"Statutory organs and organizations concerned may initiate proceedings with the competent people's court against conducts jeopardizing the public interest, such as causing pollution to the environment or damaging the legitimate rights or interests of a large number of consumers."

X. A new paragraph is added to Article 56 as Paragraph 3 thereof which reads:
"Where a third party stipulated in the preceding two paragraphs fails to participate in the lawsuit due to cause(s) not attributable to such third party, but nonetheless has evidence providing that any legally effective judgment, ruling or mediation statement is partially or wholly incorrect in its contents and hence damages the civil rights and interests of the third party, such third party may, within six months after becoming aware or is reasonably assumed to have become aware of such damage to their civil rights and interests, institute legal proceedings with the people's court that issues the judgment, ruling or mediation statement. Where the people's court finds that upon proper consideration the claims are supported, it shall alter or revoke such judgment, ruling or mediation statement; where the claims of the third party are not supported, the people's court shall reject the claims of the third party."

XI. Paragraph 2 of Article 58 is revised to read:
"The following persons may be entrusted as agents ad litem of a party to a lawsuit:
1. lawyers and basic legal service workers;
2. close relatives or employees of the party to the lawsuit;
3. citizens recommended by the community where the party resides, or the employer of the party, or any other social organization concerned."

XII. Article 63 is revised to read:
"evidence include:
1. statement of the parties;
2. documentary evidence;
3. physical evidence;
4. audio and visual material;
5. electronic data;
6. testimony of witnesses; and
7. opinions of expert witnesses
8. transcript of inspection and examination.
Any of the above-mentioned evidence must be verified before it may be taken as a grounds of fact."
The term "findings of expert witnesses" in Article 124 and 171 of this Law is revised to "opinion of expert witnesses."

XIII. Two new articles are added as Article 65 and Article 66 which read respectively:
"Article 65 A party shall timely provide evidence for his or her claims.
The people's court shall, based on the claims of the parties to a case and the hearing of the case, determine the evidence that a party is required to provide and the corresponding time limit. Where it is difficult for a party to provide such evidence within the time limit prescribed, the party may apply to the people's court for an extension of such time limit. The people's court may decide to grant an appropriate extension in accordance with the application by the party. Where a party fails to provide the required evidence within the prescribed time limit, the people's court shall order the party to provide a statement on the cause of such failure; where the party refuses to provide the statement, or the cause provided is not accepted, the people's court may, in accordance with the actual circumstances, decide either to reject the evidence or accept the evidence on the precondition that a reprimand or fine is imposed on the party.
Article 66 When a people's court receives the evidence provided by a party, it shall issue a receipt, stating the name, number of pages and copies, whether the evidences are the originals or duplicates as well as the time and date of receipt, and shall be signed or stamped by the officer in charge."

XIV. Article 67 is renumbered as Article 69 and revised to read:
"The people's court shall admit the legal facts and documents that are notarized in accordance with the applicable legal procedures as part of the factual grounds, except when there is evidence to the contrary that is sufficient to invalidate the notarization."

XV.
　　......