Civil Procedure Law of the People's Republic of China (Amended in 2007)
Civil Procedure Law of the People's Republic of China (Amended in 2007)
Civil Procedure Law of the People's Republic of China (Amended in 2007)
Order of the President [2007] No. 75
October 28, 2007
(Adopted at the 4th Session of the 7th National People's Congress on April 9, 1991 and amended in accordance with the Decision on Amending the Civil Procedure Law of the People's Republic of China of the 30th session of the Standing Committee of the 10th National People's Congress on 28 October, 2007)
Contents
Division One General Provisions
Chapter I Purpose, Scope of Application and Basic Principles
Chapter II Jurisdiction
Section 1 Court-Level Jurisdictions
Section 2 Territorial Jurisdictions
Section 3 Referral and Designation of Jurisdictions
Chapter III Judicial Organizations
Chapter IV Withdrawal
Chapter V Participants in Legal Actions
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 Mediation
Chapter IX Preservation of Property and Preliminary Execution
Chapter X Compulsory Measures Against Obstruction of Civil Actions
Chapter XI Litigation Costs
Division Two Trial Procedure
Chapter XII Ordinary Procedure at First Instance
Section 1 Institution and Acceptance of Actions
Section 2 Pretrial Preparation
Section 3 Trial in Court
Section 4 Suspension and Conclusion of Actions
Section 5 Judgments and Rulings
Chapter XIII Summary Procedure
Chapter XIV Procedure at Second Instance
Chapter XV Special Procedure
Section 1 General Provisions
Section 2 Cases Concerning Voter Qualifications
Section 3 Cases Concerning the Declaration of a Missing or Dead Person
Section 4 Cases Concerning the Determination of a Citizen as Having No Capacity for Civil Acts or as Having Limited Capacity for Civil Acts
Section 5 Cases Concerning the Determination of Property as Ownerless
Chapter XVI Procedure for Adjudication Supervision
Chapter XVII Procedure for the Recovery of Debts
Chapter XVIII Procedure for Public Invitation to Assert Claims
Division Three Execution Procedures
Chapter XVIIII General Provisions
Chapter XX Application for and Referral of Execution
Chapter XXI Execution Measures
Chapter XXII Suspension and Termination of Execution
Division Four Special Provisions for Civil Actions Involving Foreign Parties
Chapter XXIII General Provisions
Chapter XXIV Jurisdiction
Chapter XXV Service and Time Periods
Chapter XXVI Preservation of Property
Chapter XXVII Arbitration
Chapter XXVIII Judicial Assistance
Division One General Provisions
Chapter I Purpose, 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 consideration the experiences and actual circumstances of the adjudication of civil cases in China.
Article 2 The purpose of the Civil Procedure Law of the People's Republic of China is to protect the parties' exercise of their procedural rights, to ensure that the people's courts ascertain facts clearly, distinguish right from wrong, apply the law correctly, try civil cases promptly, affirm civil rights and obligations, impose sanctions for civil offences, protect the lawful rights and interests of the parties, educate citizens on observing the law conscientiously, maintain the social and economic order and safeguard the smooth progress of socialist construction and development.
Article 3 This Law shall apply to civil actions heard by people's courts involving relationships concerning property and personal relationships between citizens, between legal persons or between other organizations, and among citizens, legal persons and other organizations.
Article 4 All those who are engaged in civil actions within the territory of the People's Republic of China must abide by this Law.
Article 5 Foreign nationals, stateless persons and foreign enterprises and organizations that institute or respond to proceedings in a people's court shall have the same procedural 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 procedural rights of 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 implement the principle of reciprocity in respect of the civil procedural rights of citizens, enterprises and organizations of such foreign country.
Article 6 Jurisdiction over civil cases shall be exercised by the people's courts.
A people's court shall try civil cases independently in accordance with the law, and shall not be subject to interference by any administrative authority, social organization or individual.
Article 7 In trying civil cases, a people's court must take the facts as the basis and the law as the standard.
Article 8 The parties to a civil action shall have equal procedural rights. In trying civil cases, a people's court shall safeguard and facilitate the parties' exercise of their procedural rights, and shall treat the parties equally in the application of law.
Article 9 In trying civil cases, a people's court shall carry out mediation in accordance with the principles of voluntary participation and lawfulness; if mediation fails, a judgment shall be made forthwith.
Article 10 In trying civil cases, a people's court shall, in accordance with the law, implement a system whereby trials are conducted publicly by collegiate benches, adjudication personnel may withdraw or be requested to withdraw, and the judgment at second instance is final.
Article 11 Citizens of all ethnic groups shall have the right to use the spoken and written languages of their own ethnic groups to conduct civil proceedings.
In areas inhabited predominantly by a minority ethnic group or by several minority ethnic groups, the people's courts shall conduct hearings and issue legal documents in the spoken and written languages commonly used by the local ethnic groups.
The people's courts shall provide interpretation and translation for participants in an action who are not familiar with the spoken or written languages commonly used by the local ethnic groups.
Article 12 In the trials of civil cases by people's courts, the parties shall have the right to present arguments.
Article 13 The parties shall have the right, within the scope stipulated by the law, to decide on the exercise of their own civil and procedural rights.
Article 14 The people's procuratorates shall have the right to exercise legal supervision over civil trials.
Article 15 If the rights and interests of the State, a collective body or an individual are violated, government authorities, enterprises and public-sector organizations may support the injured entity or individual in instituting proceedings in the people's courts.
Article 16 People's mediation committees, under the guidance of the basic-level people's governments and the basic-level people's courts, shall be the communal organizations that mediate disputes among the people.
A people's mediation committee shall mediate in accordance with the provisions of law and on the basis of the principle of voluntary participation. The parties shall carry out the agreement reached upon mediation. If any party does not wish to enter into mediation, or if mediation has failed, or if any party repudiates the mediation agreement, an action may be instituted in the people's courts.
If a people's mediation committee violates the law in mediating civil disputes, the people's courts shall correct such violation.
Article 17 The people's congresses of the autonomous regions of the ethnic groups may formulate flexible or supplementary provisions in accordance with the principles of the Constitution and this Law, and taking into account the specific circumstances of local ethnic groups. Such provisions made by an autonomous region shall be submitted to the Standing Committee of the National People's Congress for approval. Provisions made by autonomous prefectures and autonomous counties shall be submitted to the standing committee of the people's congress of the respective provinces or autonomous regions for approval, and shall be recorded with the Standing Committee of the National People's Congress.
Chapter II Jurisdiction
Section 1 Court-Level Jurisdictions
Article 18 Except where otherwise stipulated in this Law, basic-level people's courts shall have jurisdiction as courts of first instance over all civil cases.
Article 19 Intermediate people's courts shall have jurisdiction as courts of first instance over the following types of civil cases
1. major cases involving foreign parties;
2. cases with significant impact in the areas over which the courts exercise jurisdiction; and
3. cases determined by the Supreme People's Court to come under the jurisdiction of the intermediate people's courts.
Article 20 Higher people's courts shall have jurisdiction as courts of first instance over civil cases with significant impact in the areas over which they exercise jurisdiction.
Article 21 The Supreme People's Court shall have jurisdiction as the court of first instance over the following types of civil cases
1. cases with significant national impact; and
2. cases that the Supreme People's Court deems it should try itself.
Section 2 Territorial Jurisdictions
Article 22 A civil action instituted against a citizen shall come under the jurisdiction of the people's court in the place where the defendant is domiciled; if the defendant's place of domicile is different from the place of his or her habitual residence, the people's court in the place of his or her habitual residence shall have jurisdiction.
A civil action instituted against a legal person or any other organization shall come under the jurisdiction of the people's court in the place where the defendant is domiciled.
If the places of domicile or habitual residence of several defendants in the same lawsuit come under the jurisdiction of two or more people's courts, each of those people's courts shall have jurisdiction.
Article 23 The following civil actions shall come under the jurisdiction of the people's court of the place where the plaintiff is domiciled; if the plaintiff's place of domicile is different from the place of his or her habitual residence, the people's court in the place of his or her habitual residence shall have jurisdiction:
1. actions concerning personal relationships instituted against persons not residing within the territory of the People's Republic of China;
2. actions concerning personal relationships instituted against persons whose whereabouts are unknown or who have been declared missing;
3. actions instituted against persons who are undergoing rehabilitation through labour; and
4. actions instituted against persons who are imprisoned.
Article 24 An action involving a contractual dispute shall come under the jurisdiction of the people's court of the place where the defendant is domiciled or where the contract is performed.
(Relevant articles: Legislation 1 Articles 1)
Article 25 The parties to a contract may agree in the written contract to choose the people's court of the place 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 of the contract is located to be the competent court, provided that the provisions of this Law regarding court-level jurisdictions and exclusive jurisdictions are not violated.
Article 26 An action involving a dispute over an insurance contract shall come under the jurisdiction of the people's court of the place where the defendant is domiciled or where the insured object is located.
Article 27 An action involving a negotiable instrument shall come under the jurisdiction of the people's court of the place where payment on the instrument was made or where the defendant is domiciled.
Article 28 An action involving a dispute over a contract for railway, road, water or air transportation or combined transportation shall come under the jurisdiction of the people's court of the place of departure or place of destination or of the place where the defendant is domiciled.
(Relevant articles: Cases 1)
Article 29 An action involving a tort shall come under the jurisdiction of the people's court of the place where the tort was committed or where the defendant is domiciled.
(Relevant articles: Legislation 1 Articles 1)
Article 30 An action involving a claim for damages arising from a railway, road, water or aviation accident shall come under the jurisdiction of the people's court of the place where the accident took place, where the vehicle or vessel first arrived, where the aircraft first landed or where the defendant is domiciled.
Article 31 An action involving a claim for damages arising from a collision of vessels or other maritime accident shall come under the jurisdiction of the people's court of the place where the collision took place, where the vessel in collision first docked, where the vessel at fault was detained or where the defendant is domiciled.
Article 32 An action involving maritime salvage expenses shall come under the jurisdiction of the people's court of the place of salvage or of the place where the salvaged ship first docked.
Article 33 An action involving general average shall come under the jurisdiction of the people's court of the place where the ship first docked, where the general average was adjusted or where the voyage ended.
Article 34 The following cases shall come under the exclusive jurisdiction of the people's courts specified in this Article :
1. an action involving a dispute over immovable property shall come under the jurisdiction of the people's court of the place where the immovable property is located;
2. an action involving a dispute arising from port operations shall come under the jurisdiction of the people's court of the place where the port is located; and
3. an action involving a dispute over an inheritance shall come under the jurisdiction of the people's court of the place of domicile at the time of death of the person whose property is inherited or where the major portion of the estate is located.
(Relevant articles: Articles 1)
Article 35 When two or more people's courts have jurisdiction over an action, the plaintiff may institute his or her action in one of those people's courts; if the plaintiff institutes the action in two or more competent people's courts, the people's court that first puts the case on its trial docket shall have jurisdiction.
Section 3 Referral and Designation of Jurisdictions
Article 36 If a people's court discovers that a case it has accepted is not within its jurisdiction, it shall refer the case to the competent people's court, which shall accept the case. If a people's court to which a case is referred considers that the case does not come under its jurisdiction in accordance with regulations, it shall report to the immediate superior people's court for designation of jurisdiction and shall not further refer the case on its own authority.
Article 37 If a competent people's court is unable to exercise jurisdiction due to special reasons, the immediate superior people's court shall designate jurisdiction.
A dispute over jurisdiction between people's courts shall be resolved by the disputing courts through consultation. If the dispute cannot be resolved through consultation, it shall be submitted to the people's court that is the mutual superior people's court of the disputing courts for a decision concerning jurisdiction.
(Relevant articles: Legislation 1)
Article 38 If a party objects to the jurisdiction over a case after its acceptance by a people's court, the party shall raise the objection during the time limit for filing the statement of defence. The people's court shall examine such objection. If the objection is tenable, the people's court shall rule that the case be referred to the competent people's court; if the objection is untenable, it shall be overruled.
Article 39 Superior people's courts shall have the authority to try civil cases over which inferior people's courts have jurisdiction as courts of first instance; they may also assign civil cases over which they have jurisdiction as courts of first instance to the inferior people's courts for trial.
If an immediate inferior people's court deems it necessary for a civil case of first instance under its jurisdiction to be tried by a superior people's court, it may request that such people's court try the case.
(Relevant articles: Legislation 6 Articles 1)
Chapter III Judicial Organizations
Article 40 When trying a civil case of first instance, a people's court shall form a collegiate bench consisting of both judges and jurors or of judges alone. A collegiate bench must have an odd number of members.
Civil cases to which the summary procedure is applied shall be tried by a single judge.
When performing their duties as jurors, the jurors shall have the same powers and obligations as the judges.
Article 41 When trying a civil case at second instance, a people's court shall form a collegiate bench of judges. The collegiate bench must have an odd number of members.
When trying a case remanded for retrial, the people's court that originally tried the case shall form a new collegiate bench in accordance with the procedure at first instance.
If a case to be retried was originally tried at first instance, a new collegiate bench shall be formed in accordance with the procedure at first instance; if the case was originally tried at second instance or was removed to a superior people's court for trial, a new collegiate bench shall be formed in accordance with the procedure at second instance.
Article 42 The court president or the division head shall designate a judge to serve as the presiding judge of the collegiate bench; if the court president or the division head participates in the trial and adjudication, he or she shall serve as the presiding judge.
Article 43 When deliberating over a case, a collegiate bench shall observe the principle where the minority defers to the majority. The deliberations shall be recorded in writing, and the transcript shall be signed by the members of the collegiate bench. Dissenting opinions in the deliberations must be faithfully recorded in the transcript.
Article 44 Adjudication personnel shall handle cases impartially and in accordance with the law.
Adjudication personnel may not accept invitations to meals or gifts from the parties or their agents ad litem.
If any member of the adjudication personnel is involved in corruption, accepts bribes, practises graft or makes a judgment that perverts the law, their legal liability shall be investigated into; if a criminal offence is constituted, such person's criminal liability shall be pursued in accordance with the law.
Chapter IV Withdrawal
Article 45 In any one of the following circumstances, a member of the adjudication personnel must withdraw, and a party shall also have the right to request, orally or in writing, for the withdrawal of such an adjudicator from the case:
1. the adjudicator is a party, or a close relative of a party or an agent ad litem to the case;
2. the adjudicator has an interest in the case; or
3. the adjudicator has some other relationship with a party to the case that may influence the impartial adjudication of the case.
The provisions of the preceding paragraph shall also apply to clerks, interpreters, expert witnesses and examiners.
Article 46 When requesting for the withdrawal of a member of the adjudication personnel, a party shall explain the reasons and shall raise the request at the beginning of the trial; if the reason for the request becomes known after the trial has commenced, the request may also be raised prior to the conclusion of court arguments.
Pending a decision on withdrawal by the people's court, the member of the personnel requested to be withdrawn shall temporarily suspend his or her participation in the work for the case, except where the circumstances of the case require urgent measures.
Article 47 The withdrawal of a court president serving as presiding judge shall be decided on by the judicial committee. The withdrawal of adjudication personnel shall be decided on by the court president. The withdrawal of other personnel shall be decided on by the presiding judge.
Article 48 The decision by a people's court on a request for withdrawal raised by a party shall be made orally or in writing within three days after the request was raised. If the applicant disagrees with the decision, he or she may apply for review once upon receipt of the decision. During the period of review, the member of the personnel requested to be withdrawn shall not suspend his or her participation in the work for the case. The decision by a people's court on an application for review shall be made within three days and the applicant shall be notified of the decision.
Chapter V Participants in Legal Actions
Section 1 Parties
Article 49 Any citizen, legal person or other organization may be a party to a civil action.
Legal persons shall be represented in litigation by their legal representatives. Other organizations shall be represented in litigation by their officers in charge.
Article 50 Parties shall have the right to appoint agents, to request for the withdrawal of adjudication personnel, to collect and present evidence, to engage in arguments in court, to request for mediation, to file appeals and to apply for execution.
Parties may have access to the materials relating to the case, and may copy the materials and legal documents relating to the case. The scope and method of accessing and copying materials relating to the case shall be determined by the Supreme People's Court.
Parties must exercise their procedural rights in accordance with the law, observe litigation procedures, and perform the terms of written judgments, rulings or mediation statements that have become legally effective.
Article 51 Two parties to a case may reach a settlement on their own.
Article 52 A plaintiff may withdraw or modify his or her claims. A defendant may admit or rebut the claims and shall have the right to institute a counterclaim.
Article 53 If one party or both parties consist of two or more persons, the object of the action is the same or of the same category and the people's court considers that the case can be tried as a joint action, the case shall be tried as a joint action, subject to the consent of the parties.
If the persons constituting a party to a joint action have common rights and obligations with respect to the object of the action, and a procedural act by one member of the party is recognized by the other members of the party, such act shall be binding on all the other members of the party. If the persons constituting a party to a joint action do not have common rights and obligations with respect to the object of action, a procedural act by one of those persons shall not be binding on the other members of the party.
Article 54 A joint action in which one party consists of numerous persons may be brought by a representative elected by such persons. The procedural acts of such representative shall be binding on all members of the party he or she represents. However, the representative's modification or withdrawal of claims, or recognition of the other party's claims or involvement in mediation shall require the consent of the party he or she represents.
Article 55 If a party consists of numerous persons and the object of the action is of the same category, and upon institution of the action the number of persons is not determined yet, the people's court may issue a public notice stating the particulars of the case and the claims and requesting that the claimants register with the people's court within a certain period of time.
Claimants who have registered with the people's court may elect a representative to engage in litigation; if no such representative can be elected, the people's court may discuss with the registered claimants in determining who shall be their representative.
The procedural acts of a representative shall be binding on the party he or she represents. However, the representative's modification or withdrawal of claims, or recognition of the other party's claims or involvement in mediation shall require the consent of the party he or she represents.
Judgments or rulings rendered by a people's court shall be binding on all the claimants who have registered with the court. Such judgments or rulings shall apply to claimants who have not registered with the court but who institute actions during the limitation period.
Article 56 If a third party considers that it has an independent claim against the object of the action of two parties, the third party shall have the right to institute an action.
If a third party has no independent claim against the object of the action of two parties but the outcome of the case will affect his or her legal interests, he or she may apply to join in the action, or the people's court shall notify him or her requesting his or her joinder. If the people's court judges that a third party shall bear civil liability, such third party shall have the procedural rights and obligations of a party to the case.
Section Two Agents Ad Litem
Article 57 A person with no capacity to engage in litigation shall be represented in an action by his or her guardians, who shall be his or her statutory agents. If the statutory agents shift onto one another the responsibility to act as agents, the people's court shall appoint one of them to represent the principal in the action.
Article 58 A party or statutory agent may appoint one or two persons to act as his or her agent ad litem.
Lawyers, close relatives of the parties to the case, persons recommended by relevant social organizations or by the work entities of the parties to the case, and any other citizens approved by the people's court, may be appointed agents ad litem.
Article 59 When a person appoints another person to represent him or her in an action, he or she must submit to the people's court a power of attorney bearing his or her signature or seal.
A power of attorney must specify the subject matter and limits of authority granted. An agent ad litem must possess special authorization from his or her principal to admit, withdraw or modify claims, to engage in mediation, to file a counterclaim or to lodge an appeal on behalf of his or her principal.
A power of attorney sent from abroad or delivered under the care of another by a citizen of the People's Republic of China residing in a foreign country must be certified by the embassy or a consulate of the People's Republic of China in that country. If there is no embassy or consulate of the People's Republic of China in that country, the power of attorney shall be certified by an embassy or a consulate in that country of a third country that has diplomatic relations with the People's Republic of China, and then transferred for authentication to the embassy or a consulate of the People's Republic of China in such third country, or by a local patriotic organization of overseas Chinese.
Article 60 If a party modifies or revokes the authority granted to its agent ad litem, it shall inform the people's court in writing and the people's court shall inform the other party.
Article 61 Lawyers and other agents who serve as persons ad litem shall have the right to investigate and collect evidence, and may have access to the materials relating to the case.
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