Civil Procedure Law of the People's Republic of China (Amended in 2012)

Civil Procedure Law of the People's Republic of China (Amended in 2012)


Civil Procedure Law of the People's Republic of China (Amended in 2012)

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

August 31, 2012

(Adopted at the fourth Session of the seventh National People's Congress on April 9, 1991 and amended for the first time 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 National People's Congress on October 28, 2007 and amended for the second time in accordance with the Decision on Amending the Civil Procedure Law of the People's Republic of China of the 28th session of the Standing Committee of the National People's Congress on August 31, 2012.)

Table of Contents
Part 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 and Preliminary Execution
Chapter X Compulsory Measures against Obstruction of Civil Actions
Chapter XI Litigation Costs
Part Two Trial Procedure
Chapter XII Ordinary Procedure at First Instance
Section 1 Institution and Acceptance of Actions
Section 2 Pretrial Preparations
Section 3 Trial in Court
Section 4 Suspension and Termination 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
Section 6 Confirmation of Mediation Agreement
Section 7 Enforcement of Real Rights for Security
Chapter XVI Procedure for Trial Supervision
Chapter XVII Procedure for the Recovery of Debts
Chapter XVIII Procedure for Public Invitation to Assert Claims
Part Three Execution Procedures
Chapter XIX General Provisions
Chapter XX Application for and Referral of Execution
Chapter XXI Execution Measures
Chapter XXII Suspension and Termination of Execution
Part Four Special Provisions on Civil Actions Involving Foreign Parties
Chapter XXIII General Provisions
Chapter XXIV Jurisdiction
Chapter XXV Service and Time Periods
Chapter XXVI Arbitration
Chapter XXVII Judicial Assistance

Part 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 and in light of the experience and actual circumstances of the trial of civil cases in China.

Article 2 The purpose of the Civil Procedure Law of the People's Republic of China (hereinafter referred to as the "the Law") 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 to observe the law conscientiously, maintain the social and economic order and safeguard the smooth progress of socialist construction and development.

Article 3 In dealing with the civil actions arising from disputes on property and personal relations between citizens, legal persons or other organizations and among citizens, legal persons and other organizations, the people's courts shall apply the provisions of the Law.
(Relevant articles: Articles 1)

Article 4 All those who are engaged in civil actions within the territory of the People's Republic of China shall abide by the Law.

Article 5 Aliens, 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 that foreign country.

Article 6 Jurisdiction over civil cases shall be exercised by the people's courts.
The people's courts shall try civil cases independently in accordance with the law, and shall be subject to no interference by any administrative authority, social organization or individual.

Article 7 In trying civil cases, the people's courts shall take the facts as the basis and the law as the standard.
(Relevant articles: Articles 1)

Article 8 The parties to a civil action shall have equal procedural rights. In trying civil cases, the people's courts 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, the people's courts shall carry out mediation on a voluntary and lawful basis, failing which, a judgment shall be rendered forthwith.

Article 10 In trying civil cases, the people's courts shall, in accordance with the law, implement the systems of panel hearing, withdrawal, public trial and two-tier trial.
(Relevant articles: Articles 1)

Article 11 Citizens of all ethnic groups shall have the right to use their native spoken and written languages in 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.
(Relevant articles: Articles 3)

Article 12 In the trial of civil cases by people's courts, the parties shall have the right to argue for themselves.
(Relevant articles: Articles 2)

Article 13 Civil proceedings shall follow the principle of good faith.
The parties shall have the right, within the scope stipulated by the law, to deal with their own civil and procedural rights.
(Relevant articles: Legislation 1 Articles 1)

Article 14 The people's procuratorates have the right to exercise legal supervision over civil proceedings.

Article 15 If the rights and interests of the State, a collective body or an individual are infringed, the government authorities, enterprises and public institutions may support the injured unit or individual in instituting proceedings in the people's courts.
(Relevant articles: Legislation 1)

Article 16 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 the 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 to the Standing Committee of the National People's Congress for filing.

Chapter II Jurisdiction

Section 1 Court-Level Jurisdictions

Article 17 Unless otherwise stipulated in the Law, basic people's courts shall have jurisdiction as courts of first instance over all civil cases.

Article 18 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.
(Relevant articles: Legislation 1)

Article 19 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 20 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 impact on the whole country; and
2. cases that the Supreme People's Court deems it should try itself.

Section 2 Territorial Jurisdictions

Article 21 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.
(Relevant articles: Articles 2 Legislation 1)

Article 22 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 compulsory correction; and
4. actions instituted against persons who are imprisoned.
(Relevant articles: Legislation 1 Articles 1)

Article 23 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: Articles 4)

Article 24 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.
(Relevant articles: Articles 3)

Article 25 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.
(Relevant articles: Articles 1)

Article 26 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.
(Relevant articles: Legislation 1 Articles 2)

Article 27 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: Articles 1)

Article 28 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: Articles 2 Legislation 2)

Article 29 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.
(Relevant articles: Articles 1)

Article 30 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 31 An action involving maritime salvage expenses shall come under the jurisdiction of the people's court of the salvage took place or of the place where the salvaged ship first docked.

Article 32 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 33 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: Legislation 1 Articles 3)

Article 34 The parties to a contractual dispute or any other property dispute may agree in writing to be subject to the jurisdiction of the people's court at the place having connection with the dispute, such as 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, etc., provided that such agreement does not violate the provisions of the Law regarding court-level jurisdictions and exclusive jurisdictions.
(Relevant articles: Articles 6 Legislation 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 people's courts with jurisdiction over the action, 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 people's court with jurisdiction, 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 superior people's court for designation of jurisdiction and shall not further refer the case at its own discretion.
(Relevant articles: Articles 2 Legislation 1)

Article 37 If a people's court with jurisdiction over the case is unable to exercise jurisdiction due to special reasons, the 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 the designation of jurisdiction.
(Relevant articles: Legislation 2 Articles 1)

Article 38 A superior people's court shall have the right to try first instance civil cases of an inferior people's court; where it is necessary for a people's court as the court of first instance to transfer a civil case to an inferior court, the people's court shall apply to its superior people's court for approval.
If an 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 such people's court to try the case.
(Relevant articles: Legislation 3 Articles 2)

Chapter III Judicial Organizations

Article 39 When trying a civil case of the 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 alone.
When performing their duties as jurors, the jurors shall have the same powers and obligations as the judges.
(Relevant articles: Articles 1)

Article 40 When trying a civil case of the 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 41 The court president or the presiding judge shall designate a judge to serve as the presiding judge of the collegiate bench; if the court president or the presiding judge participates in the trial and , he or she shall serve as the presiding judge.

Article 42 When deliberating a case, a collegiate bench shall observe the rule of 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 43 Judicial officers shall handle all cases impartially and in accordance with the law.
Judicial officers may not accept invitations to meals or gifts from the parties or their agents ad litem.
Any member of the judicial officers who is involved in corruption, accepts bribes, engages in malpractice for personal benefits or makes a judgment that perverts the law, shall be investigated for legal liability; if a criminal offence is constituted, such person's criminal liability shall be pursued according to the law.

Chapter IV Withdrawal

Article 44 Any member of the judicial officers under any of the following circumstances shall withdraw from the case, and a party shall also have the right to request, orally or in writing, for the withdrawal of such a judicial officer from the case:
1. the judicial officer is a party or a close relative of a party or an agent ad litem to the case;
2. the judicial officer is an interested party in the case; or
3. the judicial officer has some other relationship with a party or agent ad litem to the case, which may affect the impartial trial of the case.
Where a member of the judicial officers accepts any gift or meal invitation from any party or agent ad litem to the case, or he or she meets with the party or agent in violation of the relevant provisions, the parties shall have the right to request for the withdrawal of such judicial officer from the case.
Any member of the judicial officers that commits any of the violations stipulated in the preceding paragraph shall have his or her legal liabilities investigated for according to the law.
The above provisions shall also apply to clerks, interpreters, experts and inspectors.
(Relevant articles: Legislation 2 Articles 2)

Article 45 When requesting for the withdrawal of a member of the judicial officers, 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 the 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, unless the circumstances of the case require urgent measures.
(Relevant articles: Articles 2)

Article 46 The withdrawal of a court president serving as presiding judge shall be decided on by the judicial committee. The withdrawal of judicial officers shall be decided on by the court president. The withdrawal of other persons shall be decided on by the presiding judge.
(Relevant articles: Articles 1)

Article 47 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 person 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.
(Relevant articles: Articles 2)

Chapter V Participants in Legal Actions

Section 1 Parties

Article 48 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.
(Relevant articles: Articles 2 Legislation 2)

Article 49 Parties shall have the right to appoint agents, to request for the withdrawal of judicial officers, 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 make copies thereof and other 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 to a case 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.
(Relevant articles: Articles 2)

Article 50 Two parties to a case may reach a settlement on their own.
(Relevant articles: Articles 2)

Article 51 A plaintiff may relinquish or modify his or her claims. A defendant may admit or rebut the claims and shall have the right to institute a counterclaim.
(Relevant articles: Articles 1)

Article 52 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.
(Relevant articles: Articles 1)

Article 53 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 relinquishment of claims, or recognition of the other party's claims or involvement in mediation shall be subject to the consents of the parties he or she represents.
(Relevant articles: Legislation 1)

Article 54 If the object of the action is of the same category and a party consists of numerous persons, 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 on such 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.
(Relevant articles: Legislation 1 Articles 3)

Article 55 Legally designated institutions and relevant organizations may initiate proceedings at the people's court against acts jeopardizing public interest such as causing pollution to the environment or damaging the legitimate rights or interests of consumers at large.
(Relevant articles: Articles 6 Cases 1 Legislation 3 Legal news 1)

Article 56 If a third party considers that it has an independent claim against the object of an 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 an 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 participation. If the people's court judges that a third party shall bear civil liability, such third party shall have the same procedural rights and obligations as those of a party to the case.
Where a third party stipulated in the preceding two paragraphs fails to participate in the lawsuit due to cause(s) other than such third party, but nonetheless has evidence providing that a 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 his or her civil rights and interests, institute legal proceedings at the people's court that issues the judgment, ruling or mediation statement. If the people's court finds that the claims are tenable, it shall alter or revoke such judgment, ruling or mediation statement; if the claims of the third party are untenable, the people's court shall reject the claims of the third party.
(Relevant articles: Articles 1 Legislation 1)

Section 2 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 act as 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.
(Relevant articles: Articles 1)

Article 58 A party or statutory agent may appoint one or two persons to act as his or her agent ad litem(s).
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 case;
3. citizens recommended by the community where the party resides, the employer of the party or any other social organization concerned.
(Relevant articles: Legislation 1 Articles 2)

Article 59 When a person appoints another person to represent him or her in an action, he or she shall 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 shall possess special authorization from his or her principal to admit, waive or modify claims, to compromise, 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 others by a citizen of the People's Republic of China residing abroad 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 that third country, or by a local patriotic overseas Chinese organization.
(Relevant articles: Articles 2 Legislation 1)

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.
(Relevant articles: Articles 1)

Article 61 Lawyers and other agents ad litem who serve as persons ad litem to a case shall have the right to investigate and collect evidence, and may have access to the materials relating to the case. The scope and method of accessing materials relating to the case shall be determined by the Supreme People's Court.
(Relevant articles: Articles 1)

Article 62 Where a party to a divorce case is represented by an agent ad litem, the party shall still appear in court, unless he or she is incapable of expressing himself or herself. A party who is truly unable to appear in court due to special reasons shall present his or her opinion in writing to the people's court.
(Relevant articles: Articles 1)

Chapter VI Evidence

Article 63 Evidence shall comprise the following categories:
1. sstatements of the parties;
2. documentary evidence;
3. physical evidence;
4. audio-visual materials;
5. electronic data;
6. testimony of witnesses;
7. expert opinions; and
8. records of inspections and examinations.
Any of the above-mentioned evidence must be verified before it can be taken as a basis for ascertaining facts.
(Relevant articles: Articles 2)

Article 64 A party shall be responsible for providing evidence in support of his or her allegations.
Where a party and his or her agent ad litem are unable to collect evidence on their own for reasons beyond their control, or where the people's court deems that the evidence is necessary for the trial of the case, the people's court shall investigate and collect the evidence.
The people's court shall thoroughly and objectively investigate and verify evidence in accordance with legal procedures.
(Relevant articles: Articles 12 Cases 2 Legislation 1)

Article 65 A party shall provide evidence in a timely manner for his or her claims.
The people's court shall, based on the claims of the parties to the case and the circumstances of the hearing of the case, determine the evidence that a party is required to provide and the corresponding time limit.
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