Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China

Fa Shi [2015] No.5

January 30, 2015

The Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China, adopted at the 1636th session of the Judicial Committee of the Supreme People's Court on December 18, 2014, is hereby promulgated for implementation as of February 4, 2015.

Interpretation on the Application of the Civil Procedure Law of the People's Republic of China

(Adopted at the 1636th session of the Judicial Committee of the Supreme People's Court on December 18, 2014)

Contents
I. Jurisdiction
II. Withdrawal
III. Participants in Legal Actions
IV. Evidence
V. Time Periods and Service
VI. Mediation
VII. Preservation and Preliminary Execution
VIII. Compulsory Measures against Obstruction of Civil Actions
IX. Litigation Costs
X. Ordinary Procedure at First Instance
XI. Summary Procedure
XII. Petty Lawsuit to Which the Summary Procedure Is Applied
XIII. Public Interest Lawsuit
XIV. Lawsuit of a Third Party for Revocation
XV. Lawsuit to Object to Execution
XVI. Procedure at Second Instance
XVII. Special Procedure
XVIII. Procedure for Trial Supervision
XIX. Procedure for the Recovery of Debts
XX. Procedure for Public Invitation to Assert Claims
XXI. Execution Procedure
XXII. Special Provisions on Civil Actions Involving Foreign Parties
XXIII. Supplementary Provisions

On August 31 2012, the Decision on Revising the Civil Procedure Law of the People's Republic of China was adopted upon deliberation at the 28th meeting of the Standing Committee of the 11th National People's Congress. The Interpretation on the Application of the Civil Procedure Law of the People's Republic of China (hereinafter referred to as the "Interpretation") has been formulated according to the revised Civil Procedure Law of the People's Republic of China (hereinafter referred to as the "Civil Procedure Law") and in combination with actual civil trials and execution work of people's courts.

I. Jurisdiction

Article 1 The "major cases involving foreign parties" as prescribed in Item 1 of Article 18 of the Civil Procedure Law include cases with a large sum of disputed subject matter, cases with complex circumstances, cases in which a party concerned consists of numerous persons and other cases with significant impact.

Article 2 Patent disputes are under the jurisdiction of intellectual property right courts and intermediate people's courts and basic people's courts determined by the Supreme People's Court.
Cases concerning maritime affairs and maritime trade are under the jurisdiction of admiralty courts.


Article 3 The domicile of a citizen refers to the place where his permanent residence is registered, and the domicile of a legal person or other organization refers to the place where the place of main office of the legal person or other organization is located.
Where the place of main office of a legal person or other organization cannot be determined, the registration place of the legal person or other organization is the domicile thereof.

Article 4 The place of habitual residence of a citizen refers to the place where he has continuously resided for not less than one year from the time when he left his domicile to the time of institution of the action, except for the place where he is hospitalized.

Article 5 The lawsuit filed against a partnership of individuals or a partnership association without its own office shall come under the jurisdiction of the people's court in the place where the defendant is registered. Where there is no place of registration and different defendants reside in different administrative areas, the people's courts in the domiciles of any defendants shall have the jurisdiction over the lawsuit.

Article 6 Where a defendant's residence registration has been cancelled, the jurisdiction shall be determined in accordance with Article 22 of the Civil Procedure Law; where the residence registrations of both a plaintiff and a defendant have been cancelled, the case shall come under the jurisdiction of the people's court in the place where the defendant resides.

Article 7 Where a party concerned that has removed the residence registration thereof but has not registered a new residence has a place of habitual residence, the case shall come under the jurisdiction of the people's court in the place of habitual residence of the party concerned. Where there is no place of habitual residence, the case shall come under the jurisdiction of the people's court in the place of the original place of residence registration of the party concerned.

Article 8 Where both parties concerned are imprisoned or undergo compulsory correction, the case shall come under the jurisdiction of the people's court in the defendant's original domicile. Where the defendant has been imprisoned or undergone compulsory correction for not less than one year, the case shall come under the jurisdiction of the people's court in the place of the defendant's imprisonment or compulsory correction.

Article 9 Where several defendants to a case involving claims for support payment, upbringing payment or maintenance payment reside in different administrative areas, the case may come under the jurisdiction of the people's court in the domicile of the plaintiff.

Article 10 A case of rejection of the designated guardianship or alteration of the guardian relationship shall come under the jurisdiction of the people's court in the domicile of the person under guardianship.

Article 11 A civil case with both parties concerned being soldiers or army units shall come under the jurisdiction of a military court.

Article 12 Where either the husband or the wife has been away from the domicile for more than one year, the divorce case as filed by the other party shall come under the jurisdiction of the people's court in the domicile of the petitioner.
Where both the husband and the wife have been away from their domicile for more than one year, the case filed by one party shall come under the jurisdiction of the people's court in the place of habitual residence of the respondent; where there is no place of habitual residence, the case shall come under the jurisdiction of the people's court in the place where the respondent resides at the time of the petitioner's filing of the complaint.

Article 13 For overseas Chinese who marry in China but reside abroad, where the court in the place of their residence rejects their divorce lawsuit for the reason that the lawsuit shall come under the jurisdiction of the court in the place where the marriage is registered, and the party concerned files a divorce lawsuit with the people's court, the lawsuit shall come under the jurisdiction of the people's court in the place where the marriage is registered or the last domestic residence of either party concerned.

Article 14 For overseas Chinese who marry and reside abroad, where the court in the place of their residence rejects their divorce lawsuit for the reason that the lawsuit shall come under the jurisdiction of the court of the country of their nationality, and the party concerned files a divorce lawsuit with the people's court, the lawsuit shall come under the jurisdiction of the people's court in the former domicile or the last domestic residence of either party concerned.

Article 15 Where the parties to a divorce case live at home and abroad respectively and both of them are Chinese citizens, the people's court in the domicile of the party residing in China shall have jurisdiction over the lawsuit, no matter which party files the divorce lawsuit with the people's court. Where the party residing abroad files a lawsuit with the court in the country of his or her residence and the party residing in China files a lawsuit with the people's court, the people's court accepting the lawsuit shall have jurisdiction over the lawsuit.

Article 16 Where both overseas Chinese stay but do not settle abroad and one party concerned files a divorce lawsuit with a people's court, the lawsuit shall come under the jurisdiction of the people's court in the original domicile of the petitioner or the respondent.

Article 17 Where both divorced overseas Chinese settle abroad and one party files a lawsuit only for the division of domestic property, the lawsuit shall come under the jurisdiction of the people's court in the place where the main property is located.

Article 18 Where a contract stipulates a place of performance, the place of performance so stipulated shall be the place where the contract is performed.
Where a contract does not stipulate a place of performance or does not stipulate it clearly, if the disputed subject matter is payment of money, the place where the party receiving the money is located shall be the place where the contract is performed; if the disputed subject matter is delivery of immovable property, the place where the immovable property is located shall be the place where the contract is performed; as for any other disputed subject matter, the place where the party fulfilling obligations is located shall be the place where the contract is performed. As for a contract with instant settlement, the place of transaction shall be the place where the contract is performed.
Where a contract has not been actually performed and the domiciles of both parties concerned are not in the place of performance as stipulated by the contract, the dispute shall come under the jurisdiction of the people's court in the domicile of the defendant.


Article 19 For a contract for property leasing or a contract for financial leasing, the place where the leased property is used shall be the place where the contract is performed. Where the contract stipulates the place of performance, such stipulation shall prevail.

Article 20 Where a subject is delivered through an information network under a sales contract concluded by means of an information network, the domicile of the buyer shall be the place where the contract is performed; where the subject is delivered otherwise, the place of receipt shall be the place where the contract is performed. Where the contract stipulates the place of performance, such agreement shall prevail.


Article 21 For a lawsuit filed due to a dispute over a property insurance contract, where the subject matter of insurance is a transport vehicle or the goods in transit, the lawsuit may come under the jurisdiction of the people's court in the place of the transport's registration, the place of destination or the place where the insured accident occurs.
A lawsuit filed due to a dispute over a personal insurance contract may come under the jurisdiction of the people's court in the domicile of the insured.

Article 22 For a lawsuit filed due to a dispute over any record in the register of members, request for change of any registered item of a company, the right to know of shareholders, a resolution of a company, or combination, division, capital decrease or capital increase of a company, the people's court with jurisdiction shall be determined in accordance with Article 26 of the Civil Procedure Law.

Article 23 The application for a payment order by a creditor shall be governed by Article 21 of the Civil Procedure Law and come under the jurisdiction of the basic people's court in the domicile of the debtor.

Article 24 The "place of tort" as prescribed in Article 28 of the Civil Procedure Law includes the place where the tort is committed and the place where the tortious consequence takes place.

Article 25 Places where a tort is committed through an information network include the location of information equipment including the computer used to commit the alleged tort, while places where the tortious consequence takes place include the domicile of the infringed person.

Article 26 A lawsuit concerning property damage or personal injury resulting from poor quality of products or services shall come under the jurisdiction of the people's court in the place where the products are manufactured, the place where the products are sold, the place where the services are provided, the place of tort or the domicile of the defendant.

Article 27 Where an applicant fails to file a lawsuit or application for arbitration within the statutory term after applying for property preservation before the institution of an action, and a lawsuit arises from loss to the respondent and interested parties, the lawsuit shall come under the jurisdiction of the people's court that took the measures for property preservation before the institution of an action.
Where an applicant files a lawsuit within the statutory term or applies for arbitration after applying for property preservation before the institution of an action, and a lawsuit arises from loss to the respondent and interested parties, the lawsuit shall come under the jurisdiction of the people's court that accepts the lawsuit or the people's court that took the measures for property preservation before the institution of an action.

Article 28 The "dispute over immovable property" as prescribed in Item 1 of Article 33 of the Civil Procedure Law refers to any real right dispute arising from the confirmation of rights, division and neighbouring relations of immovable property.
The jurisdiction of the people's court for any dispute over a rural land contractual operation contract, any dispute over a house lease contract, any dispute over a construction engineering contract or any dispute over a policy-based house sales contract shall be determined as per a dispute over immovable property.
Where the immovable property has been registered, the place of location recorded in the immovable property register shall be the place of location of the immovable property; where the immovable property has not been registered, the actual place of location of the immovable property shall be the place of location of the immovable property.


Article 29 The "agree in writing" as prescribed in Article 34 of the Civil Procedure Law includes the negotiated jurisdiction clause under a written contract or the agreement on selection of jurisdiction reached in writing before litigation.

Article 30 Where the people's court with jurisdiction can be determined in accordance with a jurisdiction agreement at the time of litigation, the relevant agreement shall prevail; where the people's court with jurisdiction cannot be determined, the jurisdiction shall be determined in accordance with the relevant provisions of the Civil Procedure Law.
Where a jurisdiction agreement stipulates the jurisdiction of not less than two people's courts in the places actually related to a dispute, the plaintiff may file a lawsuit with one of such people's courts.


Article 31 Where an operator uses standard terms to conclude a jurisdiction agreement with a consumer but does not prompt the caution of the consumer in a reasonable way, and the consumer claims the jurisdiction agreement to be void, the people's court shall support such claim.

Article 32 Where a jurisdiction agreement stipulates the jurisdiction of the people's court in the domicile of one party concerned, but the domicile of the said party concerned changes after the conclusion of the agreement, a lawsuit shall come under the jurisdiction of the people's court at the domicile of the said party concerned at the time of conclusion of the agreement, save as otherwise agreed by the parties concerned.

Article 33 Where a contract is transferred, the jurisdiction agreement of the contract shall be valid for the transferee of the contract, unless the transferee does not know about the jurisdiction agreement at the time of transfer or the transfer agreement has any other stipulation and the original counterpart of the contract agrees to the stipulation.

Article 34 Where a dispute over property occurs between the parties concerned due to living together or after cancellation of marriage or an adoptive relationship, and a jurisdiction agreement has been concluded, the jurisdiction of the people's court may be determined in accordance with Article 34 of the Civil Procedure Law.

Article 35 Where a party concerned does not respond to a lawsuit within the period for filing a defence, and the people's court finds that the case does not come under its jurisdiction before the hearing of the case of first instance begins, the people's court shall forward the case in a ruling to the people's court of competent jurisdiction.

Article 36 Where two or more people's courts have jurisdiction over the same case, the people's court putting the case on file first shall not transfer the case to another people's court of competent jurisdiction. Where the people's court finds before putting a case on file that the case has been put on file by another people's court of competent jurisdiction, it shall not put the case on its file again; and where it finds that another people's court of competent jurisdiction has put this case on file earlier, it shall forward the case to such people's court in a ruling.

Article 37 After a case has been accepted, the jurisdiction of the people's court with which the case is filed shall not be affected by the change of the domicile or the place of habitual residence of the party concerned.

Article 38 After a people's court of competent jurisdiction has accepted a case, it shall not transfer the case to other people's courts of competent jurisdiction after alternation as an excuse for the change of administrative area. The appellate case after adjudication or the case brought up for trial in accordance with the procedure for trial supervision shall be tried by the higher people's court of the people's court of original trial; and the case directed for retrial or remanded for retrial by the people's court at a higher level shall be so retried by the people's court of original trial.

Article 39 Where a people's court is confirmed as having jurisdiction upon examination of an objection to jurisdiction, the jurisdiction shall not change, for a party concerned institutes a countersuit, increases or changes claims, unless any provision on court-level jurisdiction or exclusive jurisdiction is violated.
Where a party concerned raises an objection to jurisdiction in relation to a case remanded by the people's court for retrial or a case to be retried as per the procedure at first instance, the people's court shall not examine the jurisdiction.

Article 40 When two people's courts between which there is a jurisdictional dispute cannot reach unanimity upon negotiations and report the dispute to their common superior people's court to designate the jurisdiction in accordance with Paragraph 2 of Article 37 of the Civil Procedure Law, where both courts are basic people's courts under the jurisdiction of the same district or city, the intermediate people's court of that district or city shall timely designate the jurisdiction; where both courts are the people's courts in the same province, autonomous region or municipality directly under the Central Government, the higher people's court of that province, autonomous region or municipality directly under the Central Government shall timely designate the jurisdiction; where both courts are the people's courts in two provinces, autonomous regions or municipalities directly under the Central Government and the higher people's courts cannot reach unanimity upon negotiation, the Supreme People's Court shall timely designate the jurisdiction.
The application for designation of jurisdiction by superior people's courts in accordance with the preceding paragraph shall be made level by level.


Article 41 Where a people's court designates the jurisdiction in accordance with Paragraph 2 of Article 37 of the Civil Procedure Law, the people's court shall make a ruling.
The people's court at a lower level shall suspend the trial of a case submitted to the superior people's court for designation of jurisdiction. Where the people's court at a lower level has made a judgment or ruling before a ruling of designation of jurisdiction is made, the superior people's court shall revoke the judgment or ruling of the people's court at a lower level while ruling on the designation of jurisdiction.

Article 42 In accordance with Paragraph 1 of Article 38 of the Civil Procedure Law, a people's court may forward the following civil cases of first instance to the people's court at a lower level before the hearing of the case begins:
1. cases concerning debtors in bankruptcy proceedings;
2. cases with a large number of parties concerned and inconvenient litigation; and
3. cases of other types determined by the Supreme People's Court.
Before forwarding a case to the people's court at a lower level for trial, a people's court shall report this to its superior people's court for approval. After approval by the superior people's court, the people's court shall forward the case to the people's court at a lower level for trial.

II. Withdrawal

Article 43 Any member of the judicial officers under any of the following circumstances shall voluntarily withdraw from the case, and a party concerned has the right to apply for the withdrawal of such a judicial officer from the case:
1. the judicial officer is a party concerned or a close relative of a party concerned in the case;
2. the judicial officer or a close relative thereof is an interested party in the case;
3. the judicial officer worked as a witness, expert, defender, agent ad litem or interpreter of the case;
4. the judicial officer is a close relative of the agent ad litem in the case;
5. the judicial officer or a close relative thereof holds shares or equity of the non-listed company which is a party concerned in the case; and
6. the judicial officer has any other relation of interest with a party concerned or agent ad litem in the case, which may hinder a fair hearing.


Article 44 With regard to any member of the judicial officers under any of the following circumstances, a party concerned has the right to apply for the withdrawal of such judicial officer from the case:
1. the judicial officer receives the entertainment of a party concerned in the case or agent thereof or takes part in any activity at the cost of the party concerned in the case or agent thereof;
2. the judicial officer asks for or receives any property or other interest from a party concerned in the case or agent thereof;
3. the judicial officer meets with a party concerned or agent ad litem in the case in violation of the relevant provisions;
4. the judicial officer recommends or introduces an agent ad litem to a party concerned in the case, or introduces the case to a lawyer or any other person;
5. the judicial officer borrows money or any material from a party concerned in the case or agent thereof; and
6. the judicial officer commits any other illegal act, which may hinder a fair hearing.

Article 45 A judicial officer who participates in a judicial procedure of the trial of a case shall not participate in any other procedure of trial of the case.
Where a case remanded for retrial enters into procedures of second instance after the people's court of first instance makes a ruling, members of the collegiate bench of original procedures of second instance shall not be subject to the restrictions in the preceding paragraph.

Article 46 Where a judicial officer falls under a circumstance of withdrawal, but he neither voluntarily withdraws from a case nor a party concerned applies for his withdrawal, a court president or judicial committee shall decide his withdrawal.

Article 47 A people's court shall lawfully inform the parties concerned that they have the right to apply for the withdrawal of any member of the collegiate bench, a single judge or clerk, or any other person.

Article 48 The "judicial officers" as prescribed in Article 44 of the Civil Procedure Law include the president, vice president, members of the judicial committee, presiding judge, vice presiding judge, judges, assistant judges and people's jurors of the people's court participating in the trial of a case.

Article 49 The relevant provisions on withdrawal of judicial officers shall apply to clerks and execution officers.

III. Participants in Legal Actions

Article 50 The legal representative of a legal person shall be subject to that registered according to law, save as otherwise provided by the law. The chief in charge of a legal person, which does not need to go through registration in accordance with the law, is its legal representative; where the legal person does not have a chief in charge, the deputy head in charge of the relevant work shall be its legal representative.
Where a legal representative has changed but registration has not been completed, and the legal representative after the change requires to join in an action on behalf of the legal person, the people's court shall permit this.
With regard to any other organization, the person chiefly in charge shall be its representative.

Article 51 In litigation, where the legal representative of a legal person is changed, the new legal representative shall process the litigation, and the identity certification of the new legal representative shall be submitted to the people's court. The litigation conducted by the original legal representative shall be still valid.
The preceding paragraph shall apply to the lawsuits participated in by other organizations.

Article 52 The "other organizations" as prescribed in Article 48 of the Civil Procedure Law refer to the organizations that are lawfully established, have certain organizational bodies and property but do not have the status of legal person, and include:
1. sole proprietorships that have been registered and obtained business licences in accordance with the law;
2. partnerships that have been registered and obtained business licences in accordance with the law;
3. Chinese-foreign contractual joint ventures and foreign-funded enterprises that have been registered and obtained Chinese business licences in accordance with the law;
4. branches and representative offices that are established by social organizations in accordance with the law;
5. branches that are established by legal persons and have obtained business licences in accordance with the law;
6. branches of commercial banks, policy-based banks and non-banking financial institutions that are established and have obtained business licences in accordance with the law;
7. enterprises run by towns and sub-districts that have been registered and have obtained business licences in accordance with the law; and
8. other organizations meeting the requirements set out in the present article.

Article 53 For a branch established by a legal person not in accordance with the law or a branch of a legal person that is established in accordance with the law but has not obtained a business licence, the legal person that has established the branch shall be the party concerned.

Article 54 Where civil activities are conducted in the form of affiliation, and a party concerned requests the affiliate and the affiliated entity to accept civil liability in accordance with the law, the said affiliate and affiliated entity shall be co-litigants.

Article 55 Where, in litigation, a party concerned is deceased and it is necessary to await the statement of the inheritor thereof whether he will participate in the litigation, the litigation shall be ruled for suspension. The people's court shall timely notify the inheritor to participate in the litigation as a party concerned, and the litigation conducted by the deceased shall be valid for the inheritor that participates in the litigation.


Article 56 Where any worker of a legal person or any other organization causes damage to any other person when conducting any work task, the said legal person or other organization shall be a party concerned.

Article 57 Where a party providing labour services causes damage to any other person due to labour services, and a victim institutes litigation, the party receiving such services shall be the defendant.

Article 58 Where a worker dispatched causes damage to any other person when conducting any work task within the period of labour dispatch, the employer receiving the labour dispatch shall be a party concerned. Where a party concerned claims that the labour dispatch entity shall bear liability, the said labour dispatch entity shall be a co-defendant.

Article 59 In litigation, the operator registered on the business licence of an individual business shall be a party concerned. Where the individual business has a trade name, such trade name registered on the business licence shall be a party concerned, and the basic information of the operator of the said trade name shall be marked simultaneously.
Where the operator registered on the business licence is inconsistent with the actual operator, the operator registered and the actual operator shall be co-litigants.

Article 60 In litigation, all the partners in an individual partnership, which has not been registered and has not obtained a business licence in accordance with the law, shall be co-litigants. Where the individual partnership has a trade name as approved and registered in accordance with the law, such trade name shall be stated in legal documents. All the partners can elect representatives, and shall work out the relevant papers for the representatives as elected.

Article 61 Where both parties concerned reach an agreement on a dispute between them after mediation by the people's mediation committee, if one party concerned fails to perform the mediation agreement, and the other party files a lawsuit with a people's court, the counterpart shall be the defendant.

Article 62 In any of the following circumstances, the person conducting the relevant behaviour shall be the party concerned:
1. the party conducts civil activities in the name of a legal person or any other organization that shall be registered but is not registered;
2. the party does not have the authority of agency, overrides the authority of agency or conducts any civil activity in the name of the principal after termination of the authority of agency, unless the counterpart has reasons to believe that the party has the authority of agency; and
3. the party still conducts civil activities in the name of a legal person or any other organization after lawful termination thereof.

Article 63 In the case of amalgamation of enterprise legal persons, for a dispute over civil activities occurring before the amalgamation, the enterprise after amalgamation shall be a party concerned; in the case of division of an enterprise legal person, for a dispute over civil activities occurring before the division, the enterprises after the division shall be co-litigants.

Article 64 In the case of dissolution of an enterprise legal person, before lawful liquidation and deregistration, the said enterprise legal person shall be a party concerned; where an enterprise legal person is deregistered before lawful liquidation, the shareholders, promoters or contributors of the said enterprise legal person shall be parties concerned.

Article 65 For the borrowing of a business letter of introduction, special seal for contractual uses, blank sealed contract or bank account, the lending entity and the borrowing entity shall be co-litigants.

Article 66 For a lawsuit concerning a dispute over a guarantee contract, where the creditor claims its rights against the guarantor and the warrantee, a people's court shall take the guarantor and the warrantee as co-defendants. Where a guarantee contract stipulates a general guarantee and the creditor sues only against the guarantor, a people's court shall notify the warrantee to participate in litigation as a co-defendant; and where the creditor sues only against the warrantee, a people's court may only take the warrantee as the defendant.

Article 67 Where any person without capacity for civil acts or with limited capacity for civil acts causes damage to any other person, the said person without capacity for civil acts or with limited capacity for civil acts and the guardian thereof shall be co-defendants.

Article 68 Where there is any civil dispute between any villagers' committee or villagers' group and any other person, the villagers' committee or the villagers' group with independent property shall be a party concerned.

Article 69 Where a lawsuit is filed for any damage to the remains, osseous remains and name, portrait, reputation, honour or privacy of the deceased, a close relative of the deceased shall be a party concerned.

Article 70 Where, in a lawsuit of inheritance, only a portion of the inheritors file the lawsuit, a people's court shall notify other inheritors to participate in the litigation as co-plaintiffs; where any inheritors as notified are not willing to participate in the litigation but do not clearly express their waiver of substantive rights, the people's court shall still list them co-plaintiffs.

Article 71 Where a plaintiff sues a principal and the agent thereof and requires them to bear joint and several liability, the principal and the agent shall be co-defendants.

Article 72 Where, after a common property right is damaged by another person, and only a portion of the common property right holders file a lawsuit, the other common property right holders shall be listed co-litigants.

Article 73 Where a party concerned that should participate in litigation fails to do so, a people's court shall notify such party concerned to participate in the litigation in accordance with Article 132 of the Civil Procedure Law; the party concerned may also apply to the people's court to add the party concerned as an additional party. The people's court shall examine the application filed by the party concerned, and shall reject the application where the application reason is untenable; or shall notify in written form the additional party to participate in the litigation where the application reason is tenable.

Article 74 When a people's court adds any parties to a joint lawsuit, it shall give a notice to the other parties concerned. Where a plaintiff that should be added has clearly waived their substantial rights thereto, the plaintiff need not be added; where a plaintiff is reluctant to participate in litigation but is also reluctant to waive their substantial rights, the plaintiff shall still be added as a co-plaintiff. Such plaintiff's failure to participate in litigation will not affect the trial or decision of the people's court made in accordance with the law.

Article 75 The "numerous persons" as prescribed in Articles 53, 54 and 199 of the Civil Procedure Law generally refer to ten persons or more.

Article 76 According to Article 53 of the Civil Procedure Law, where the exact number of litigants in one party concerned consisting of numerous persons is certain at the time of filing of the lawsuit, all the parties concerned may elect common representatives, or a portion of the parties concerned may elect their own representatives; where the parties concerned cannot elect representatives, they may participate in the litigation themselves in the case of a necessary joint action, or may file another lawsuit in the case of a general joint action.

Article 77 According to Article 54 of the Civil Procedure Law, where the exact number of litigants in one party concerned consisting of numerous persons is uncertain at the time of filing of the lawsuit, the parties concerned may elect common representatives. Where the parties concerned cannot elect representatives, a people's court may nominate representatives and then negotiate with the parties concerned; where the negotiation fails, the people's court may designate representatives among the parties concerned that file the lawsuit.

Article 78 The number of representatives prescribed in Articles 53 and 54 of the Civil Procedure Law shall be two to five, and each representative may authorize one or two persons as the agent ad litem thereof.

Article 79 For a case accepted in accordance with Article 54 of the Civil Procedure Law, a people's court may issue a public notice to notify the claimant to register with the people's court. The term of the public notice shall be determined based on the specific case and shall not be less than 30 days.

Article 80 A claimant registered with a people's court in accordance with Article 54 of the Civil Procedure Law shall prove the legal relationship between the claimant and the opposing party and the damage suffered thereby. Where the claimant fails to do so, the claimant will not be registered, and may file a separate lawsuit. The judgment made by the people's court shall be enforced within the scope of registration. Where a claimant that has not been registered files a lawsuit, and a people's court affirms the claim thereof, the people's court shall apply the judgment or ruling rendered by an appropriate people's court.

Article 81 According to Article 56 of the Civil Procedure Law, a third party with an independent claim has the right to present claims, facts and reasons to a people's court and become a party concerned; and a third party without an independent claim may apply for participation in litigation or be notified by a people's court to participate in litigation.
Where a third party does not participate in litigation in the procedure at first instance but applies to participate in the procedure at second instance, a people's court may permit the same.


Article 82 In litigation of first instance, a third party without an independent claim has no right to challenge the jurisdiction, waive or alter any claim, or apply for withdrawal of the action, but has the right to institute an appeal where ordered to assume civil liability.

Article 83 In litigation, the guardian of a person without capacity for civil acts or with limited capacity for civil acts is his statutory agent. Where the guardian has not been determined in advance, the persons qualified for guardianship may determine the guardian through negotiation; where they cannot reach unanimity through negotiations, a people's court shall designate a statutory agent for litigation among the persons qualified for guardianship. Where there is no guardian prescribed in Paragraph 1 or 2 of Article 16 or Paragraph 1 of Article 17 of the General Principles of the Civil Law of the People's Republic of China (hereinafter referred to as the "General Principles of the Civil Law") for a party concerned, a people's court may designate a relevant organization prescribed in Paragraph 4 of Article 16 or Paragraph 3 of Article 17 of the General Principles of the Civil Law to act as the statutory agent during the course of litigation.

Article 84 Where any person without capacity for civil acts or with limited capacity for civil acts and any other person cannot act as an agent ad litem in accordance with the law, the party concerned shall not entrust such person as an agent ad litem.

Article 85 According to Item 2, Paragraph 2 of Article 58 of the Civil Procedure Law, any relative with a conjugal relation, direct blood relation, collateral blood relation within three generations, close affinity, upbringing relationship or relationship of support may act as an agent ad litem in the name of a close relative of a party concerned.

Article 86 According to Item 2, Paragraph 2 of Article 58 of the Civil Procedure Law, any worker with a legal labour and personnel relationship with a party concerned may act as an agent ad litem in the name of the worker of a party concerned.

Article 87 According to Item 3, Paragraph 2 of Article 58 of the Civil Procedure Law, where a relevant social organization recommends a citizen to work as an agent ad litem, the following conditions shall be met:
1. the social organization is a non-profit legal person organization registered or exempted from registration in accordance with the law;
2. the principal is a member of the said social organization, or the domicile of a party concerned is located in the area of activities of the said social organization;
3. agency affairs are within the business scope specified in the articles of association of the said social organization; and
4. the citizen recommended is the person in charge of the said social organization or a worker with a lawful labour and personnel relationship with the said social organization.
As recommended by the All-China Patent Attorneys Association, a patent agent may work as an agent ad litem in a case of patent dispute.


Article 88 In addition to the power of attorney specified in Article 59 of the Civil Procedure Law, an agent ad litem shall also submit the relevant materials to a people's court in accordance with the following provisions:
1. a lawyer shall submit the lawyer practising licence and certification materials of their law firm;
2. a grassroots legal service worker shall submit the practising licence of legal service worker, a letter of introduction issued by a grassroots legal service office as well as the certification materials that a party concerned is located in the same jurisdiction;
3. a close relative of a party concerned shall submit his identity certificate and the certification materials on his close relationship with the principal;
4. a worker of a party concerned shall submit his identity certificate and the certification materials on his lawful labour and personnel relationship with the party concerned;
5. a citizen recommended by the community or employer which a party concerned belongs to shall submit his identity certificate, recommendation materials as well as the materials proving that the party concerned belongs to the said community or employer; and
6. a citizen recommended by a relevant social organization shall provide his identity certification and the certification materials meeting the conditions set out in Article 87 of the Interpretation.

Article 89 The power of attorney to be submitted to a people's court by a party concerned shall be so submitted before the court session. Where the power of attorney only states "general agency" without specific items of authorization, the agent ad litem has no right to admit, waive or alter claims, conduct reconciliation and file a counterclaim or appeal for the party concerned.
Where both parties concerned in a case suitable for the summary procedure for hearing appear before the court at the same time, and a hearing is held directly, they may orally entrust agents ad litem on the site, which shall be written down by the people's court in its records.

IV. Evidence

Article 90 Each party concerned shall provide evidence to prove the facts based on which such party concerned makes a claim or contradicts the claim of the other party concerned, save as otherwise provided by the law.
Where any party concerned fails to provide evidence or provides insufficient evidence to prove the facts before a judgment is made, the party concerned with the burden of proof shall bear adverse consequences.


Article 91 A people's court shall determine the assumption of the burden of proof on the following principles, save as otherwise provided by the law:
1. the party concerned claiming any legal relation shall assume the burden of proof for basic facts generating the said legal relation; and
2. the party concerned claiming a change or elimination of any legal relation or an impairment of any right shall assume the burden of proof for basic facts of the change or elimination of the legal relation or impairment of the right.


Article 92 Where a party concerned definitely admits any fact unfavourable thereto during trial or in any written materials such as the statement of claim, statement of defence or statement of attorney, the other party concerned does not need to assume the burden of proof.
The provision on self-admission in the preceding paragraph shall not apply to any facts involving identity relationship, national interests and public interests which shall be investigated by a people's court ex officio.
Where a self-admitted fact is inconsistent with an investigated fact, the people's court will not confirm the self-admitted fact.

Article 93 A party concerned does not need to assume the burden of proof for the following facts:
1. natural laws, theorems and laws;
2. facts that are known by all people;
3. facts that are induced as per legal provisions;
4. other facts that are induced as per known facts and routine experience and principles;
5. facts that have been affirmed in the judgment of a people's court that has taken effect;
6. facts that have been affirmed in the award of an arbitration institution that has taken effect; and
7. facts that have been proved in valid notarial documents.
Facts set out in Items 2 to 4 of the preceding paragraph shall be excluded where a party concerned has enough contrary evidence to contradict them; and, facts set out in Items 5 to 7 of the preceding paragraph shall be excluded where a party concerned has enough contrary evidence to overturn them.

Article 94 Evidence unable to be collected by a party concerned and the agent ad litem thereof themselves for reasons beyond their control as prescribed in Paragraph 2 of Article 64 of the Civil Procedure Law includes:
1. evidence that is kept by the relevant national departments and the party concerned and the agent ad litem thereof have no right to consult or take possession of;
2. evidence involving national secrets, trade secrets or individual privacy; and
3. other evidence that the party concerned and the agent ad litem thereof are unable to collect themselves for reasons beyond their control.
A party concerned and the agent ad litem thereof may apply in writing to a people's court for investigation and collection of evidence that is unable to be collected by themselves for reasons beyond their control before expiration of the period for adducing evidence.


Article 95 Where any evidence under the application of a party concerned for investigation and collection which is irrelative to any fact to be proved, is insignificant for proving any fact to be proved or is unnecessary to be investigated or collected for any other reason, a people's court shall not allow the application.

Article 96 Evidence that a people's court deems necessary for the trial of a case as prescribed in Paragraph 2 of Article 64 of the Civil Procedure Law includes:
1. evidence probably damaging national interests or public interests;
2. evidence involving identity relationships;
3. evidence involving proceedings as prescribed in Article 55 of the Civil Procedure Law;
4. evidence that there is probably malicious collusion of a party concerned to damage the legitimate rights and interests of others; and
5 evidence involving procedural matters such as ex-officio addition of a party concerned, suspension of a lawsuit, termination of a lawsuit and withdrawal.
Except for the provisions specified in the preceding paragraph, the investigation and collection of evidence by a people's court shall be conducted as per the application of a party concerned.


Article 97 For collection and investigation of evidence, a people's court shall assign two or more officers thereof. The investigation documents shall bear the signatures, fingerprints or seals of investigators, persons under investigation and the note-taker.


Article 98 Where a party concerned applies for evidence preservation in accordance with Paragraph 1 of Article 81 of the Civil Procedure Law, the said party concerned may make an application in writing before expiration of the period for adducing evidence.
Where evidence preservation may incur losses to others, a people's court shall order the applicant to provide a corresponding guarantee.

Article 99 A people's court shall determine the period for adducing the evidence of a party concerned in the preparation period before trial. The period for adducing evidence may be negotiated by the parties concerned, and shall be permitted by the people's court.
The period for adducing evidence determined by a people's court for a case of ordinary procedure at first instance shall not be less than 15 days, while that for a case of second instance for a party concerned to provide new evidence shall not be less than ten days.
After expiration of the period for adducing evidence, where a party concerned applies for the provision of rebuttal evidence or correction of defects in respect of an evidence source, form or others for provided evidence, a people's court may determine the period for adducing evidence again at its discretion, which is not subject to the restrictions set out in the preceding paragraph.


Article 100 Where a party concerned applies for extension of the period for adducing evidence, the said party concerned shall make an application in writing to the people's court before expiration of the said period.
If the application reason is tenable, the people's court shall permit a proper extension of the period for adducing evidence, and inform the other party concerned. The extension of the period for adducing evidence shall apply to the other party concerned.
If the application reason is untenable, the people's court shall not permit the application, and inform the applicant.

Article 101 Where a party concerned provides evidence after the time limit, a people's court shall order such party concerned to explain the reasons therefor, and require such party concerned to provide corresponding evidence when necessary.
Where a party concerned provides evidence after the time limit for any objective reason, or the other party concerned does not raise an objection to any evidence provided by a party concerned after the time limit, such evidence shall not be deemed overdue.

Article 102 Where a party concerned provides evidence after the time limit intentionally or due to gross negligence, a people's court shall not adopt such evidence. However, if the evidence is related to the basic facts of a case, the people's court shall adopt it, and admonish and fine the party concerned in accordance with Article 65 and Paragraph 1 of Article 115 of the Civil Procedure Law.
Where the party concerned provides evidence after the time limit not because of intention or gross negligence, the people's court shall adopt it and admonish the party concerned.
Where a party concerned requires the other party concerned to compensate such party concerned for necessary expenses of transportation, accommodation, meals, delay of work, witness presence at court to give testimony or other expenses due to the provision of evidence after the time limit, a people's court shall support the requirement.

Article 103 Evidence shall be exhibited at court and cross-examined by the parties concerned. Evidence not cross-examined by the parties concerned shall not be accepted as bases for affirming case facts.
The evidence admitted by the parties concerned in the preparation period before trial shall be deemed as cross-examined evidence after explanation by a judicial officer during court trial.
The evidence involving any national secret, trade secret or individual privacy or that which shall be kept confidential in accordance with legal provisions shall not be cross-examined publicly.

Article 104 A people's court shall organize the parties concerned to cross-examine the authenticity and legitimacy of the evidence as well as its relevance to the facts to be proved, and explain and argue whether the evidence is probative as well as how large the probative force is.
Evidence, which can reflect the true conditions of a case, relates to the facts to be provided and conforms to legal provisions in respect of source and form, shall be accepted as the basis for affirming case facts.

Article 105 A people's court shall fully and objectively review the evidence according to legal procedures, and apply logical deduction and routine experience and principles to judge whether the evidence is probative as well as how large the probative force is in accordance with legal provisions, and announce judgment reasons and results.

Article 106 The evidence formed or obtained in a way that seriously damages the legitimate rights and interests of others, violates prohibitive provisions of the law or seriously goes against public order and good custom shall not be accepted as bases for affirming case facts.

Article 107 In litigation, the facts admitted by a party concerned for the purpose of entering into a mediation agreement or reconciliation agreement shall not be accepted as a basis unfavourable to the said party concerned in subsequent litigation, save as otherwise provided by the law or approved by the parties concerned.

Article 108 With regard to the evidence provided by the party concerned with the burden of proof, where a people's court believes that the existence of a fact to be proved is highly probable upon examination and in combination with the relevant facts, it shall affirm the existence of the said fact.
With regard to the evidence provided by a party concerned to contradict the facts claimed by the other party concerned with the burden of proof, where a people's court believes that a fact to be provided is unclear upon examination and in combination with the relevant facts, it shall affirm that the said fact does not exist.
Where any law has any other provision on standards of proof for facts to be proved, such provision shall prevail.

Article 109 With regard to the proof of a party concerned regarding a fact of fraud, force, malicious collusion, oral will or gift, where a people's court believes that there is reasonable doubt that the existence of the said fact to be proved can be eliminated, it shall affirm the existence of the said fact.

Article 110 A people's court may require a party concerned to appear in court and receive inquiries about the relevant case facts, when it deems it necessary. Before inquiry of the party concerned, the people's court may require the party concerned to sign a guarantee.
The guarantee shall include content such as truthful statement and willingness to receive punishment in the case of any false statement. The party concerned shall affix the signature or fingerprint thereof on the guarantee.
Where a party concerned with the burden of proof refuses to appear in court, receive inquiries or sign a guarantee, and there is no other evidence to prove a fact to be proved, the people's court shall not affirm the said fact claimed by the party concerned.

Article 111 The circumstances under which it is indeed difficult to provide originals of documentary evidence specified in Article 70 of the Civil procedure law include the following:
1. the original of document evidence has been lost, destroyed or damaged;
2. the original is under the control of the other party concerned that refuses to submit the original after being lawfully requested to do so;
3. the original is under the control of any other person that has the right not to submit the original;
4. it is inconvenient to submit the original due to its large length or volume; and
5. the party concerned with the burden of proof cannot obtain the original of documentary evidence through application to a people's court for investigation and collection or otherwise.
In any of the circumstances specified in the preceding paragraph, a people's court shall examine and judge whether the copy of documentary evidence can be accepted as the basis for affirming case facts in combination with other evidence and concrete case conditions.

Article 112 Where the documentary evidence is under the control of the other party concerned, the party concerned with the burden of proof may apply to a people's court in writing before the expiration of the period for adducing evidence to order the other party concerned to submit such documentary evidence.
Where the application reason is tenable, the people's court shall order the other party concerned to submit the documentary evidence, with the expenses arising from submission of the documentary evidence to be borne by the applicant. Where the other party concerned refuses to submit the documentary evidence for no proper reason, the people's court may affirm that the content of the documentary evidence claimed by the applicant is true.

Article 113 Where the party concerned holding documentary evidence destroys the relevant documentary evidence or commits any other act making the documentary evidence unable to be used for the purpose of hindering the use of the documentary evidence by the other party concerned, a people's court may fine and detain the party concerned in accordance with Article 111 of the Civil Procedure Law.

Article 114 Matters recorded in instruments prepared by national organs or other organizations with lawful social management functions within the scope of their functions and powers shall be deemed true, unless there is sufficient contrary evidence to overturn them. When necessary, a people's court may require the organ or organization preparing the relevant instrument to explain the authenticity of the instrument.

Article 115 Certification materials provided by an entity to a people's court shall be affixed with signatures or seals of the person in charge of the entity and person preparing such materials as well as the seal of the entity. The people's court may investigate the entity and the person preparing certification materials issued by the entity to verify such materials. When necessary, the people's court may require the person preparing certification materials to appear in court as a witness.
Where the entity and the person preparing the certification evidence refuse the investigation and verification by the people's court, or the person preparing the certification materials refuses to appear in court as a witness for no proper reason, such certification materials shall not be deemed the basis for affirming case facts.

Article 116 Audio-visual materials include audio materials and video materials.
Electronic data refer to the information formed or stored in electronic media in the form of e-mails, electronic data interchange, online chatting records, blogs, microblogs, short messages, electronic signatures and domain names.
Provisions on electronic data shall apply to audio materials and video materials stored in electronic media.

Article 117 To apply for a witness to give testimony in court, a party concerned shall make an application before expiration of the period for adducing evidence.
In a circumstance specified in Paragraph 1 of Article 96 of the Interpretation, a people's court may notify ex officio a witness to give testimony in court.
Without a notice from a people's court, a witness shall not give testimony in court, save as otherwise approved by both parties concerned and permitted by the people's court.

Article 118 The necessary costs and expenses incurred by a witness in connection with the fulfilment of an obligation to give testimony in court, including for transport, accommodation and meals, as prescribed in Article 74 of the Civil Procedure Law, shall be calculated as per the standards for travel expenses and subsidies of workers of organs and public institutions; loss of salary or wages shall be calculated as per the standard for the average daily salary of workers of the State in the preceding year.
Where a people's court permits the application for a witness to give testimony in court, it shall notify the applicant to pay expenses for the witness to give testimony in court in advance.

Article 119 Before a witness gives testimony in court, the people's court shall inform the witness of the obligation to give truthful testimony as well as the legal consequences of giving false testimony, and order him to sign a guarantee, except for any person without the capacity for civil acts and any person with limited capacity for civil acts.
Provisions on the signature of a guarantee by a party concerned hereunder shall apply to the signature of a guarantee by a witness.

Article 120 Where a witness refuses to sign a guarantee, he shall not give testimony but shall undertake the relevant expenses by himself.

Article 121 To apply for examination by experts, a party concerned may make an application before the expiration of the period for adducing evidence. Where a matter under the application for examination by experts is irrelevant to a fact to be proved or is insignificant with regard to proving a fact to be proved, a people's court shall not permit the application.
Where a people's court permits the application of a party concerned for examination by experts, it shall organize both parties concerned to appoint a qualified expert upon negotiation. If negotiation fails, the people's court shall designate an expert.
Where conditions for ex-officio investigation and collection of evidence are met, a people's court shall entrust expert examination ex officio, and designate a qualified expert after seeking the opinions of both parties concerned.


Article 122 A party concerned may, in accordance with Article 79 of the Civil Procedure Law, apply, before expiration of the period for adducing evidence, for one to two persons with specialized expertise to appear in court to cross-examine expert opinions on their behalf, or issue opinions on the specialized issues involved in case facts.
Opinions issued by persons with specialized expertise on specialized issues in court shall be deemed statements of the party concerned.
Where a people's court permits the application of the party concerned, the relevant expenses shall be undertaken by the party concerned making the application.


Article 123 A people's court may question persons with specialized expertise in court. Upon permission by the court, the parties concerned may question persons with specialized expertise in court, and persons with specialized expertise applied for by the parties concerned respectively may confront each other concerning the relevant issues involved in a case.
Persons with specialized expertise shall not participate in trial activities other than specialized issues.

Article 124 Where a people's court deems it necessary, it may inspect any physical evidence or scene on the request of a party concerned or ex officio. The privacy and respect of others shall be protected during an inspection.
A people's court may require an expert to participate in an inspection. When necessary, it may require an expert to conduct an examination during an inspection.

V. Time Periods and Service

Article 125 According to Paragraph 2 of Article 82 of the Civil Procedure Law, all the time periods calculated by hour in civil proceedings shall start from the next hour; the time periods calculated by day, month and year shall start from the next day.

Article 126 For the time period for putting a case on file as prescribed in Article 123 of the Civil Procedure Law, where the statement of claim is not complete and the plaintiff is requested to supplement it, the said time period shall start from the next day after the plaintiff has supplemented the statement of claim. Where a case is transferred from a superior people's court to a lower people's court, the said time period shall start from the next day after the people's court in which the lawsuit is filed has received the statement of claim.

Article 127 Six months as prescribed in Paragraph 3 of Article 56 and Article 205 of the Civil Procedure Law as well as Articles 374, 384, 401, 422 and 423 of the Interpretation, and one year as prescribed in Article 223 of the Civil Procedure Law shall be fixed periods, and shall not be subject to provisions on suspension, halt and extension of the limitation periods of litigation.

Article 128 Where a retrial case is tried as per the procedure at first instance or the procedure at second instance, the trial period as prescribed in Articles 149 and 176 of the Civil Procedure Law shall apply. The trial period starts from the next day after putting the retrial case on file.

Article 129 A people's court shall complete the trial of a retrial case within three months after accepting it, which does not include the announcement period, period of reconciliation for the parties concerned. Where the period needs to be extended in special circumstances, the extension shall be approved by the president of the people's court.

Article 130 For the service of litigation documents on a legal person or other organization, the legal representative of the legal person or the main person in charge of the organization or the person in the office, mail room or janitor's room responsible for receipt of mails shall sign for litigation documents or affix seals; otherwise, service by leaving the rejected legal document at the place of abode shall be applied.
The representatives of the relevant basic-level organization or the unit of the recipient as prescribed in Article 86 of the Civil Procedure Law may be the worker of a neighbourhood committee or villagers' committee at the domicile of the recipient and the worker of the unit of the recipient.

Article 131 Where a people's court directly serves a litigation document, it may notify a party concerned to collect the document at the people's court. Where a party concerned arrives at the people's court but refuses to sign a receipt of service, the document shall be deemed as having been served. A judicial officer and clerk shall mark service conditions on the receipt of service, and affix their signatures to it.
A people's court may directly serve a litigation document on a party concerned at a place other than the domicile of the party concerned. Where a party concerned refuses to sign a receipt of service, the document shall be deemed as having been served if the service process is recorded by means of photographing, video recording or otherwise. A judicial officer and clerk shall mark service conditions on the receipt of service, and affix their signatures to it.

Article 132 Where a recipient has an agent ad litem, a people's court may serve a legal document either on the recipient or on the agent ad litem thereof. Where the recipient has designated the agent ad litem thereof for receipt of legal documents, service by leaving legal documents at the place of abode may be applied in the case of service of a legal document on the agent ad litem.

Article 133 A mediation statement shall be served directly on the parties concerned, and the service by leaving legal documents at the place of abode shall not be applied. Where any party concerned cannot sign for the mediation statement by himself for any reason, he can designate an agent to do so.

Article 134 Where a legal document is served by an entrusted people's court in accordance with Article 88 of the Civil Procedure Law, the entrusting people's court shall issue a power of attorney and attach the litigation document for service and receipt of service, and the date stated by the recipient on the receipt of service shall be the date of service.
In the case of entrusted service, the entrusted people's court shall serve the relevant litigation document within ten days after receiving the power of attorney and the relevant litigation document.

Article 135 Special systems of instant receipt such as fax, e-mail or mobile communication may be accepted as service media for electronic service.
The date when the document reaches the special system of the recipient as prescribed in Paragraph 2 of Article 87 of the Civil Procedure Law shall be the date when the corresponding system of the people's court indicates successful service. Where the recipient proves that the date when the document reaches the special system thereof is inconsistent with the date when the corresponding system of the people's court indicates successful service, the date when the document reaches the special system of the recipient as proved by the recipient shall prevail.

Article 136 Where the recipient agrees about the electronic service, he shall confirm this in the letter of confirmation of service address.

Article 137 Where a party concerned does not change the service address in writing during institution of an appeal, application for retrial and application for execution, the service address confirmed thereby during the procedure at first instance can be deemed the service address of the procedure at second instance, procedure for trial supervision and execution procedure.

Article 138 For service by public notice, a public notice may be posted on the bulletin board of the relevant court or at the domicile of the recipient or in a newspaper, information network or other media. The date of issue of a public notice shall be the final date of posting or publication. Where there are special requirements for the service by public notice, a public notice shall be published in the required manner. After expiration of the term of public notice, the service shall be considered completed.
Where a people's court posts a public notice at the domicile of the recipient, it shall record the process of posting by means of photographing, video recording or otherwise.

Article 139 In the case of service by public notice, a people's court shall indicate the reason therefor. For the service of a copy of a statement of claim or a petition for appeal by public notice, a people's court shall indicate the key points of claim or appeal, the period for the recipient to file a defence as well as the legal consequences if the recipient fails to file a defence within the stipulated period. For service of a summons by public notice, a people's court shall indicate the place and time for court appearance as well as the legal consequences should the recipient fail to appear in court at the designated place and time. For service of a judgment or ruling by public notice, a people's court shall indicate the main adjudication items, as well as the right to appeal, the time limit for appeal and the appellate people's court if the party concerned has the right to appeal.

Article 140 Service by public notice shall not apply to a case to which the summary procedure is applied.

Article 141 Where any party concerned refuses to sign for a judgment or ruling when a people's court pronounces the judgment or ruling at a fixed time, the service shall be considered completed, and the circumstances shall be indicated in the transcripts of pronouncement.

VI. Mediation

Article 142 Where, after acceptance of a case, a people's court deems upon examination that the legal relationship is explicit and facts are clear, it can directly conduct mediation after having solicited the consent of both parties concerned.

Article 143 Cases to which the special procedure, procedure for the recovery of debts or procedure for public invitation to assert claims is applied, cases concerning confirmation of identity relationships including marital relationships as well as other cases which cannot be mediated according to the case nature shall not be mediated.

Article 144 Where a people's court finds that the parties concerned have maliciously colluded in order to infringe the legitimate rights and interests of others by way of reconciliation and mediation in hearing a civil case, it shall handle the case in accordance with Article 112 of the Civil Procedure Law.

Article 145 When a people's court hears civil cases, it shall conduct mediation on the principles of free will and legality. Where one party or both parties concerned is or are unwilling to conduct mediation, the people's court shall render the judgment in a timely manner.
A people's court shall conduct mediation when hearing a divorce case, but shall not conduct long-term mediation with no decisive results.

Article 146 Where a people's court hears a civil case, the mediation process shall not be conducted publicly, save as otherwise approved by the parties concerned.
The content of a mediation agreement shall not be published, unless it is deemed really necessary by a people's court to publish them in a bid to protect national interests, public interests as well as the legitimate rights and interests of others.
Persons presiding over mediation and participating in mediation shall keep confidential the mediation process and national secrets, trade secrets, individual privacy and other information unsuitable to be published in the mediation process, save as otherwise necessary for protecting national interests, public interests, and the legitimate rights and interests of others.

Article 147 When a people's court mediates a case, where a party concerned cannot appear in court, upon special authorization, the authorized agent thereof may participate in mediation, and the mediation agreement as concluded may be signed by such authorized agent.
Where one party concerned in a divorce case cannot appear in court for mediation under a special circumstance, except that the party concerned cannot express his or her ideas, the party concerned shall present written opinions.

Article 148 Where the parties concerned request a people's court to prepare a judgment according to a reconciliation agreement or mediation agreement after they reach an agreement upon independent reconciliation or mediation, the people's court shall not permit the request.
Regarding the divorce case of a person without capacity for civil acts, his statutory agent shall institute legal proceedings. Where the statutory agent reaches an agreement with the other party and requests a judgment, the people's court may prepare a judgment according to the content of the agreement.

Article 149 Where the mediation statement shall not come into force before signature for receipt by the parties concerned, the date when the party concerned that receives the mediation statement finally applies their signature shall be the date when the mediation statement comes into force.

Article 150 Where a people's court needs to impose an obligation on a third party without an independent claim at the time of mediation, it shall obtain the consent of the third party. Where the third party goes back on their word in relation thereto before the mediation statement is served, the people's court shall render the judgment in a timely manner.

Article 151 According to Item 4, Paragraph 1 of Article 98 of the Civil Procedure Law, where the mediation statement comes into force after all parties concerned agree to affix their signatures or seals on the mediation statement, upon examination and confirmation by a people's court, this circumstance shall be set down in the written record or the mediation statement shall be attached to the file, and the mediation statement shall come into force immediately upon affixing of signatures or seals by the parties concerned, judicial officers and clerk.
Where the parties concerned request the preparation of a mediation statement in a circumstance specified in the preceding paragraph, a people's court may prepare a mediation statement upon examination and confirmation, and serve the same on the parties concerned. Where a party concerned rejects the mediation statement, the force of the mediation statement will not be affected.

VII. Preservation and Preliminary Execution

Article 152 Where a people's court, in accordance with Articles 100 and 101 of the Civil Procedure Law, orders an interested party or a party concerned to provide security when adopting any preservation measure before the institution of an action or during an action, the people's court shall send a written notice.
Where an interested party applies for preservation before the institution of an action, the interested party shall provide security. Where an interested party applies for property preservation before the institution of an action, the interested party shall provide security equivalent to the amount of the property under the preservation application; in a special situation, a people's court may deal with the application at its discretion. Where an interested party applies for act preservation before the institution of an action, the security amount shall be determined by a people's court according to the concrete conditions of the case.
Where a people's court takes a preservation measure on request or ex officio, it shall decide whether the party concerned shall provide security as well as what security amount the party concerned shall provide according to the concrete conditions of the case.


Article 153 When a people's court takes the preservation measure for seasonal goods, fresh or perishable goods, or other goods unsuitable for long-term preservation, it may order the party concerned to timely dispose of the said goods and keep the money derived therefrom; and when necessary, the people's court may sell the said goods and keep the money derived therefrom.


Article 154 When a people's court takes the measures of seizure, detention or freezing of property during the course of property preservation, it shall properly keep the property as seized, detained or frozen. Where the property is unsuitable to be kept by the people's court, the people's court may designate the person against whom the preservation is adopted to keep the property; where the property is unsuitable to be kept by the person against whom the preservation is adopted, the property may be kept by any other person entrusted or the person who applied for preservation.
The secured property occupied by the owner of real rights for security as seized, detained or frozen is generally kept by the owner of real rights for security; where such property is kept by a people's court, pledge and lien shall not be eliminated due to the preservation measure taken.

Article 155 If the continuous use of the property kept by the person against whom the preservation is adopted as designated by a people's court has no significant impact on the value of the said property, the said person may be allowed to continuously use the property; the people's court and any other keeper shall not use the property which is kept by the people's court or by others as entrusted or by the person who applied for preservation.

Article 156 A people's court shall take property preservation methods and measures in accordance with the relevant provisions on the execution procedure.

Article 157 A people's court may take the property preservation measure for an object subject to a mortgage, pledge or lien, but the priority of compensation of the mortgagee, pledgee or lienee shall not be affected.

Article 158 For proceeds due to the debtor, a people's court may take the property preservation measure and restrict the debtor from drawing the proceeds, and notify the relevant entity to offer assistance in the execution.

Article 159 Where the debtor's property is not sufficient for the request for property preservation but the debtor has mature claims to another person, a people's court may rule, upon application of the creditor, that such person shall not make any repayment to the debtor in the case in question. Where such person requests such repayment, the property or money shall be submitted to the people's court.

Article 160 Where a party concerned files a lawsuit with a people's court of competent jurisdiction other than the people's court which takes the preservation measure before the institution of an action, the people's court which takes the preservation measure before the institution of an action shall transfer preservation formalities to the people's court which accepts the case. The ruling of preservation before the institution of an action shall be deemed a ruling made by the people's court receiving the formalities.

Article 161 For a case of appeal filed by a party concerned that is not satisfied with the judgment of first instance, where a party concerned transfers, hides, sells or destroys the property before the people's court of second instance receives the case as filed, and the property preservation measure shall be taken, the people's court of first instance shall take the property preservation measure on the request of a party concerned or ex officio. The property preservation ruling made by the people's court of first instance shall be timely reported to the people's court of second instance.


Article 162 Where the people's court of second instance rules that the preservation measure taken by the people's court of first instance shall be continued or a new preservation measure shall be taken, the people's court of second instance may enforce the ruling independently or entrust the people's court of first instance to enforce the ruling.
Where the people's court of retrial rules that the original preservation measure shall be continued or a new preservation measure shall be taken, the said people's court may enforce the ruling independently or entrust the original people's court or an executive court to enforce the ruling.


Article 163 After validation of a legal document and before the execution procedure, where the valid legal document may become unenforceable or difficult to be enforced if a creditor does not apply for preservation in any emergencies including transfer of property by the other party concerned, the creditor may apply to an executive court to take the preservation measure. Where the creditor fails to apply for execution within five days after the expiration of the period for performance set out in the legal document, a people's court shall cancel the preservation.


Article 164 In terms of secured property provided by the party applying for preservation or any other person, a people's court shall handle the formalities of seizure, detention or freezing in accordance with the law.

Article 165 After a people's court takes the preservation measure, except where the people's court that rendered the preservation ruling or the superior people's court thereof decides to remove the preservation measure, no entity may remove the preservation measure within the period for preservation.

Article 166 After ruling to take the preservation measure, a people's court shall make a preservation removal ruling in any of the following circumstances:
1. the preservation is wrong;
2. the applicant revokes the application for preservation;
3. the lawsuit or claim of the applicant is overruled by a valid judgment; and
4. other circumstances under which the people's court deems that the preservation shall be removed.
To remove a preservation measure implemented by way of registration, a notice requesting assistance with execution shall be issued to the relevant registration authority.

Article 167 Where the person against whom the preservation is adopted provides other equivalent secured property and it is favourable for execution, a people's court may change the preservation subject matter into the secured property provided by the person against whom the preservation is adopted.

Article 168 A preservation ruling, which is not revoked or cancelled by a people's court in accordance with the law, shall automatically generate the seizure, detention or freezing measure during the execution procedure, and a period shall be calculated continuously, and the executive court does not need to prepare the ruling again, unless the seizure, detention or freezing period expires.

Article 169 The preliminary execution prescribed in the Civil Procedure Law shall be conducted by a people's court after a case has been accepted but before the final judgment is made. The preliminary execution shall be limited to the scope of claims of a party concerned and to the urgent needs for the life, production or business operation of the party concerned.

Article 170 Urgent circumstances prescribed in Item 3 of Article 106 of the Civil Procedure Law include:
1. it is necessary to immediately stop infringement and remove an obstacle;
2. it is necessary to immediately stop a certain act;
3. the insurance compensation in the urgent need for recovery of production or business operation is claimed;
4. it is necessary to immediately return social insurance payments and social assistance funds; and
5. failure to return monies immediately will severely affect the life, production and business operation of a claimant.

Article 171 Where a party concerned objects to the preservation ruling or preliminary execution ruling, the party concerned may apply for reconsideration to the people's court making the ruling within five days after receiving the ruling. The people's court shall conduct examination within ten days after receiving the application for reconsideration. Where the ruling is correct, the people's court will dismiss the application of the party concerned; where the ruling is improper, the people's court will change or revoke the original ruling.


Article 172 Where an interested party is dissatisfied with a preservation ruling or preliminary execution ruling and applies for reconsideration, the people's court making the ruling shall deal with the application in accordance with Article 108 of the Civil Procedure Law.

Article 173 Where, after the preliminary execution by a people's court, an applicant shall return the proceeds obtained from preliminary execution in accordance with a judgment that has come into force, Article 233 of the Civil Procedure Law shall apply.

VIII. Compulsory Measures against Obstruction of Civil Actions

Article 174 The defendant who shall appear in court as prescribed in Article 109 of the Civil Procedure Law refers to the defendant who has the obligation of support, upbringing or maintenance and whose appearance in court is indispensable for the finding of case facts.
Where a plaintiff whose appearance in court is indispensable for the finding of basic case facts has been served with a summons twice but still refuses to appear in court without legitimate reasons, a people's court may summon the plaintiff to court by force.


Article 175 A warrant shall be issued for the summons by force and be directly served on the summoned person. Before the summons by force, the summoned person shall be informed of the consequences in the case of refusal to appear in court, and may be summoned to court by force where he still refuses to appear in court after criticism and education.


Article 176 Where participants in actions or other persons conduct any of the following behaviour, a people's court may handle it in accordance with Article 110 of the Civil Procedure Law:
1. sound recording, video recording and photographing without permission;
2. live communication of judicial activities by means of mobile communications or otherwise without permission; and
3. other behaviour disturbing court order and hindering judicial activities.
In any of the following circumstances specified in the preceding paragraph, a people's court may temporarily detain apparatus used by participants in actions or other persons to conduct sound recording, video recording, photographing and communication of judicial activities, and order them to delete the relevant content; if they refuse to delete the relevant content, the people's court may take necessary measures to compulsorily delete the content.


Article 177 Reprimands and orders to leave the court shall be determined by the collegiate bench or a single judge. Reprimand content and the illegality of the person ordered to leave the court shall be written down in court trial records.


Article 178 Where a people's court needs to take the detention measure in accordance with Articles 110 to 114 of the Civil Procedure Law, it shall be subject to approval by the court president, and a written detention decision shall be made, and the detainee shall be transferred by judicial police to the local public security organ for custody.

Article 179 Where the detainee does not reside within the jurisdiction of the people's court that makes the detention decision, such people's court shall assign officers to the people's court in the place where the detainee resides and request the latter to offer assistance in execution, and the entrusted people's court shall timely assign officers for assistance in execution. Where the detainee applies for reconsideration or admits and corrects errors during the course of detention, and the detention measure needs to be removed in advance, the entrusted people's court shall inform the entrusting people's court of the circumstance or bring forward a suggestion thereto for examination and decision.

Article 180 After taking the detention measure against a detainee, a people's court shall notify a family member of the detainee within 24 hours; if the people's court cannot notify the family member on time or cannot notify the family member at all, this situation shall be put on record.

Article 181 Where the detention measure needs to be immediately taken in the case of uproars, courtroom disturbance or defiance of the performance of official duties by violence, menace or otherwise, a people's court shall report the same to its president to supplement the approval formality after detaining the offenders. Where the court president deems that the detention measure is improper, the detention measure shall be removed.

Article 182 Where the detainee admits his mistake and repents during the course of detention, he may be ordered to make a statement of repentance and then the detention measure may be removed in advance. The removal of detention in advance shall be subject to approval by the court president, and a written advance detention removal decision shall be made and given to the public security organ in charge of the custody of the detainee for execution.

Article 183 The measures of fines and detention as prescribed in Articles 110 to 113 of the Civil Procedure Law may be applied either separately or concurrently.

Article 184 The measures of fines and detention against the same obstruction of civil actions shall not be applied continuously. Where a new obstruction of civil actions occurs, a people's court may impose a fine and detention again.

Article 185 Where the person on which the measure of fines or detention is imposed is not satisfied with the fine or detention decision and applies for reconsideration, such person shall make an application within three days after receiving a written decision. The people's court at the higher level shall make a decision within five days after receipt of the application for reconsideration, and notify the people's court at the lower level and the parties concerned of the reconsideration conclusion.


Article 186 Where the people's court at the higher level holds that a coercive measure is improper at the time of reconsideration, it shall make a written decision to cancel or change the detention or fine decision as made by the people's court at the lower level, and may issue an oral notice and send out the written decision within three days thereafter where the circumstance is urgent.


Article 187 Behaviour of using violence, threats or other methods to obstruct judicial personnel from performing their duties as prescribed in Item 5, Paragraph 1 of Article 111 of the Civil Procedure Law include:
1. making a noise or lingering at a people's court, and not obeying the dissuasion of judicial personnel;
2. intentionally destroying or snatching a legal document or seizure mark of a people's court;
3. making a noise or creating uproars at the site of performance of official duties, besieging or detaining persons performing official duties or assisting in the performance of official duties;
4. destroying, snatching or seizing case materials, vehicles and other instruments used in the performance of official duties, clothes of persons performing official duties and certificates of performance of official duties;
5. obstructing judicial personnel from the inquiry, seizure, detention, freezing, appropriation, auction or sales of property by violence, menace or otherwise; and
6. other behaviour of obstructing judicial personnel from performing their duties by violence, menace or otherwise.


Article 188 Behaviour of refusing to perform a legally effective judgment or ruling of the people's court as prescribed in Item 6, Paragraph 1 of Article 111 of the Civil Procedure Law include:
1. hiding, transferring, selling or destroying any property or transferring any property free of charge, trading any property at an apparently unreasonable price, waiving mature claims, providing security for others free of charge or otherwise after a legal document comes into force, resulting in failure to execute the legal document by the people's court;
2. hiding, transferring, destroying or disposing of, without the permission of the people's court, any property with security provided for the people's court;
3. consuming in violation of an order on restriction on high consumption of the people's court;
4. having the capacity but refusing to fulfil the obligations specified in a valid legal document according to a notice of execution of the people's court; and
5. having the obligation to assist in execution but refusing to provide assistance after receiving a notice requesting assistance with execution from the people's court.


Article 189 Where participants in actions or other persons conduct any of the following behaviour, a people's court may handle it in accordance with Article 111 of the Civil Procedure Law:
1. instituting an action or participating in an action in the name of any other person;
2. a witness giving false testimony after signing a guarantee, therefore hindering a people's court from hearing a case;
3. forging, hiding, destroying or refusing to hand over any important evidence on the capacity of fulfilment of the relevant party subject to execution, therefore hindering a people's court from finding property conditions of the party subject to execution;
4. arbitrarily unfreezing property frozen by a people's court; and
5. revealing information to a party concerned and assisting the party concerned in transferring or hiding property after receipt of a notice requesting assistance with execution as sent out by a people's court.


Article 190 The legitimate rights and interests of any other party as prescribed in Article 112 of the Civil Procedure Law include the legitimate rights and interests of a party not involved in the case, national interests and public interests.
Where a third party institutes legal proceedings of revocation in accordance with Paragraph 3 of Article 56 of the Civil Procedure Law, and it is found upon examination that the parties concerned in the original case maliciously colluded and instituted false legal proceedings, Article 112 of the Civil Procedure Law shall be followed to handle it.

Article 191 Where an entity conducts any behaviour as prescribed in Article 112 or 113 of the Civil Procedure Law, a people's court shall fine the said entity, and may fine and detain the main person in charge or persons directly liable of the entity; if a crime is constituted, the main person in charge or persons directly liable therefor shall be prosecuted criminally in accordance with the law.

Article 192 Where any entity conducts any of the following behaviour after receiving a notice requesting assistance with execution from a people's court, the people's court may handle it in accordance with Article 114 of the Civil Procedure Law:
1. allowing the high consumption of the party subject to execution;
2. allowing the party subject to execution to leave the country;
3. refusing the termination of the formalities for transfer of title deeds, registration of ownership change, planning examination and approval; and
4. delaying the handling under the excuse of the requirement of internal instruction, internal examination and approval, internal provisions or others.


Article 193 When a people's court takes the fine measure against any individual or entity, it shall determine the corresponding fine amount within the limit as prescribed in Paragraph 1 of Article 115 of the Civil Procedure Law, depending on factors such as the nature, circumstance and consequence of the behaviour of obstructing a civil action, local economic development level as well as the subject amount of litigation.

IX. Litigation Costs

Article 194 For a case heard in accordance with Article 54 of the Civil Procedure Law, no case acceptance fee needs to be paid in advance, and the losing party shall supplement the case acceptance fee based on the subject amount of litigation after the case has been settled.

Article 195 Where a case enters into legal proceedings after a payment order loses effect, a creditor shall supplement the case acceptance fee in accordance with the Measures for the Payment of Litigation Fees.
Where a creditor files another lawsuit after the payment order is revoked, the creditor shall pay litigation costs in accordance with the Measures for the Payment of Litigation Fees.

Article 196 Where a people's court changes the original judgment, ruling or mediation results, it shall stipulate the undertaking of litigation costs of the first trial in the judgment.

Article 197 Where the subject matter of litigation is securities, the amount of the said subject matter is calculated according to securities transaction rules and as per the closing price on the last trading day before the day of litigation of a party concerned, the market price that day or the face value.

Article 198 Where the subject matter of litigation is a house, land, forest, vehicle, ship, cultural relic or any other special thing or intellectual property right, and the value thereof is difficult to determine at the time of litigation, a people's court shall explain to the plaintiff the litigation risks of an excessively high or lower claim, and determine the amount of the subject matter of litigation as per the value claimed by the plaintiff.

Article 199 Where a case in which the summary procedure is applied for hearing is changed to the ordinary procedure, the plaintiff shall supplement the case acceptance fee within seven days after receiving a notice of payment of litigation costs from a people's court.
Where the plaintiff fails to supplement the litigation costs in full on time for no proper reason, the people's court shall deem that the plaintiff has withdrawn the case, and return half of the collected litigation costs.

Article 200 As for civil litigation cases concerning a debtor in bankruptcy procedures, litigation costs shall be paid according to the standards of property cases, except for labour dispute cases.

Article 201 Where there are both property claims and non-property claims, litigation costs shall be paid according to the standards of property claims.
Where there are several property claims, litigation costs shall be summed up and paid; where there are several non-property claims, litigation costs shall be paid for each non-property claim.

Article 202 Where the plaintiff, defendant and a third party institute an appeal respectively, the second-instance case acceptance fee shall be paid in advance according to the respective appeals.
Where several persons of the same party concerned institute an appeal jointly, only the sum total of the second-instance case acceptance fees shall be paid in advance; where they institute an appeal respectively, the second-instance case acceptance fee shall be paid in advance according to the respective appeals.

Article 203 Where parties concerned bearing joint and several liability lose the litigation, they shall jointly bear the litigation costs.

Article 204 Where a people's court orders the auction or sale of secured property for a case concerning the exercise of real rights for security, the application fee shall be borne by the debtor and the guarantor; where the people's court overrules the application, the application fee shall be borne by the applicant.
Where the applicant files another lawsuit, the application fee paid therefor may be deducted from the case acceptance fee.

Article 205 Where a people's court enforces the order for auction or sale of the secured property after the order is made, it shall charge an execution application fee as per the enforced amount.

Article 206 Where a people's court decides to collect half of the case acceptance fee, it can halve the said fee once only.

Article 207 After a judgment takes effect, a people's court shall return litigation costs which the winning party has prepaid but shall not bear and the losing party shall pay, unless the winning party is willing to bear the litigation costs or agrees that the losing party will directly repay the litigation costs thereto.
Where a party concerned refuses to pay the litigation costs, a people's court may enforce payment of the litigation costs.

X. Ordinary Procedure at First Instance

Article 208 When a people's court receives a civil statement of claim from a party concerned, if the provision of Article 119 of the Civil Procedure Law is conformed with and the circumstance is not one of those as prescribed in Article 124 of the Civil Procedure Law, the people's court shall register the civil statement of claim and put the litigation on file; if it is unable to judge whether the conditions for the institution of an action are satisfied on the site, the people's court shall receive the litigation materials, and issue a written receipt with the receiving date marked.
If it is necessary to supplement the relevant necessary materials, the people's court shall notify the party concerned in a timely manner. After the relevant materials are supplemented, the people's court shall decide whether to put the litigation on file within seven days.
Where the people's court finds that the conditions for the institution of an action are not satisfied or the circumstance is one of those as prescribed in Article 124 of the Civil Procedure Law after putting the litigation on file, it shall overrule the action.


Article 209 Where a plaintiff provides concrete information such as the name and domicile of the defendant sufficient to differentiate the defendant from any other person, it can be affirmed that there is a definite defendant.
Where the information on the defendant in a statement of claim is insufficient to affirm a definite defendant, the people's court may inform the plaintiff that the plaintiff shall supplement the relevant information. Where the plaintiff cannot determine a definite defendant either after supplementation, the people's court shall reject the case.

Article 210 Where a plaintiff uses words of vituperation or personal assault in the statement of claim, a people's court shall inform the plaintiff that the plaintiff shall make corrections and then file a lawsuit.

Article 211 Where a people's court has no jurisdiction over a case, it shall notify the plaintiff that the plaintiff may file the case with the people's court of competent jurisdiction; if the plaintiff persists in filing the case with it, it shall reject the case; if the people's court finds that it has no jurisdiction over the case after putting the case on file, it shall transfer the case to a people's court of competent jurisdiction.

Article 212 Where a people's court has rejected or dismissed a case, if the plaintiff files the case again, and the action complies with conditions for the institution of an action and does not fall under any of the circumstances as prescribed in Article 124 of the Civil Procedure Law, the people's court shall accept the case.

Article 213 Where a plaintiff must pay the case acceptance fee in advance but fails to do so, a people's court shall notify the plaintiff to make advance payment. Where the plaintiff still fails to make advance payment after being notified, or the application thereof for reduction, postponement or exemption of the case acceptance fee is not approved by the people's court but the plaintiff still fails to make advance payment, the people's court will rule that the plaintiff has automatically withdrawn the action.

Article 214 Where, after a plaintiff has withdrawn an action or a people's court has accepted the case as a nol pros, the plaintiff files a lawsuit again for the same claims, the people's court shall accept the case.
For a divorce case as withdrawn by the petitioner or considered a nol pros, where one party concerned files a lawsuit again within six months without new circumstances or reasons, a people's court may reject the case by reference to Item 7 of Article 124 of the Civil Procedure Law.

Article 215 According to Item 2 of Article 124 of the Civil Procedure Law, where the parties concerned have stipulated an arbitration clause in a written contract or, after a dispute occurs, reached a written arbitration agreement, if one party concerned files a lawsuit with a people's court, the people's court shall notify the plaintiff that the plaintiff shall submit the dispute to an arbitration institution for arbitration; if the party concerned insists on filing a lawsuit, the people's court shall rule not to accept the case, unless the arbitration clause or arbitration agreement is untenable, invalid or becomes invalid, or the content therein is ambiguous and thus cannot be enforced.

Article 216 Where a defendant raises an objection to a civil case accepted under the excuse of a written arbitration agreement before the first hearing by a people's court, the people's court shall conduct an examination.
Upon examination, in any of the following circumstances, the people's court shall overrule the action:
1. an arbitration institution or the people's court has confirmed that the arbitration agreement is valid;
2. the party concerned fails to raise an objection to the force of the arbitration agreement before the first hearing by the arbitral tribunal; and
3. the arbitration agreement conforms to the provision of Article 16 of the Arbitration Law of the People's Republic of China and falls under none of the circumstances as prescribed in Article 17 thereof.

Article 217 Where the whereabouts of the husband or the wife are unknown and the other party concerned sues in a people's court for divorce but not for a declaration that the party whose whereabouts are unknown is missing or dead, the people's court shall accept the case and serve the litigation documents on the party whose whereabouts are unknown by public notice.

Article 218 For a case involving claims for support payment, maintenance payment or upbringing payment, where, after a judgment comes into force, one party concerned files a new lawsuit for increase or reduction of payment with any new circumstances or new reasons, a people's court shall accept the lawsuit as a new case.

Article 219 Where one party concerned files a lawsuit after expiration of the limitation period for litigation, a people's court shall accept the lawsuit. Where the other party concerned proposes to defend against the limitation period for litigation, and the people's court believes that the defence reason is tenable upon trial, the people's court shall overrule the claim of the plaintiff.

Article 220 The trade secrets as mentioned in Articles 68, 134 and 156 of the Civil Procedure Law mainly refer to technical secrets, business intelligence and information with respect to manufacturing techniques, formulas, business contacts, and buying and selling channels that a party concerned is unwilling to disclose.

Article 221 Where the parties concerned respectively file a lawsuit with the same people's court regarding a dispute over the same fact, the people's court may try such lawsuits together.


Article 222 Where a plaintiff directly specifies a third party in the statement of claim, it shall be deemed that the plaintiff applies to a people's court to add the said third party to participate in the litigation. The people's court shall decide upon examination whether to notify the third party of the participation thereof in the litigation.

Article 223 Where a party concerned raises an objection to jurisdiction within the period for submitting a statement of defence and defends against the content of the statement of claim, a people's court shall examine the objection to jurisdiction in accordance with Paragraph 1 of Article 127 of the Civil Procedure Law.
A party concerned defending against, making a statement or counterclaiming against substantial content of the case without raising any objection to jurisdiction can be affirmed as responding to the claim and entering a defence as prescribed in Paragraph 2 of Article 127 of the Civil Procedure Law.

Article 224 According to Item 4 of Article 133 of the Civil Procedure Law, a people's court may make preparations before trial by means of organizing evidence exchange, convening pretrial meetings or otherwise before the expiration of the period to file a defence.

Article 225 According to the concrete conditions of a case, pretrial meetings may include the following content:
1. defining claims of the plaintiff and defences of the defendant;
2. examining and handling the addition of a party concerned, application for change in claims and counterclaim proposed, as well as claims regarding the case brought forward by a third party;
3. deciding the investigation and collection of evidence according to the application of a party concerned, entrusting an expert to conduct examination, requiring a party concerned to provide evidence, conducting inspection, and conducting evidence preservation;
4. organizing evidence exchange;
5. summing up focuses of dispute; and
6. conducting mediation.

Article 226 A people's court shall sum up the focuses of a dispute according to the claims, defences and situation of evidence exchange of the parties concerned, and seek the opinions of the parties concerned on the focuses of the dispute summed up.

Article 227 When applying the ordinary procedure to try a case, a people's court shall, three days before the court session, serve summonses on the parties concerned, and notify by a notice the agents ad litem, witnesses, experts, inspectors and interpreters that they should appear in court. Where any parties concerned or any other participants in the action reside in another place, the people's court shall arrange the necessary time to travel for them.

Article 228 The court trial shall be conducted by centring on the focuses of the dispute such as facts disputed by the parties concerned, evidence and application of laws.

Article 229 Where a party concerned brings forward, in court, different opinions on facts and evidence from that offered in the preparation period before trial, a people's court shall order the party concerned to explain the reasons therefor. When necessary, the people's court may order the party concerned to provide corresponding evidence. The people's court shall conduct an examination in combination with the capacity to act of the parties concerned, evidence and concrete conditions of a case. Where the reasons are tenable, the aforesaid opinions may be included in the focuses of the dispute for trial.

Article 230 According to the concrete conditions of a case and upon consent of the parties concerned, a people's court may consolidate court investigations and court deliberation.

Article 231 Where a party concerned brings forward any new evidence in court, a people's court shall handle it in accordance with Paragraph 2 of Article 65 of the Civil Procedure Law and the relevant provisions hereof.

Article 232 Where, after a case has been accepted but before the court deliberations are finalized, the plaintiff adds any claims, or the defendant files a counterclaim, or a third party brings forward any claims regarding the case in question, and the said claims or counterclaim can be heard on a consolidated basis, a people's court shall hear such counterclaim or claims on a consolidated basis.


Article 233 A party concerned in a counterclaim shall be a party concerned in the action in chief.
Where the counterclaim and claims of the action in chief are based on the same legal relations, or there is causality between the counterclaim and claims, or the counterclaim and claims of the action in chief are based on the same facts, a people's court shall hear such counterclaim and claims on a consolidated basis.
Where the counterclaim is under the exclusive jurisdiction of another people's court, or is irrelevant to facts and reasons on which the subject matter and claims of the action in chief are based, a people's court shall rule not to accept the action, and instruct the party concerned to file a separate lawsuit.


Article 234 For a divorce case involving a person without capacity for civil acts, the statutory agent therefor shall appear in court; where the statutory agent therefor cannot appear in court, a people's court shall render a judgment in accordance with the law after the facts have been ascertained.

Article 235 Where the statutory agent of a party concerned without capacity for civil acts refuses to appear in court without any justifiable reasons after being summoned to do so, if the party concerned is the plaintiff, a people's court may take the case as a nol pros by reference to Article 143 of the Civil Procedure Law; and if the party concerned is the defendant, a people's court may render a default judgment by reference to Article 144 of the Civil Procedure Law. When necessary, the people's court may summon the party concerned to court by force.

Article 236 Where a third party with independent claims refuses to appear in court without any justifiable reasons after being summoned to do so by a people's court or withdraws from a court session midway without the approval of the court, the people's court may consider the case a nol pros by reference to Article 143 of the Civil Procedure Law.

Article 237 Where, after a third party with independent claims participates in litigation, the plaintiff applies for withdrawal of the case, a people's court shall, after granting the approval, accept the third party with independent claims as the plaintiff in another case, and the plaintiff and the defendant in the original case as the defendants in another case, and process the litigation continually.

Article 238 For a case in which the parties concerned apply for withdrawal of the action or which can be considered a nol pros in accordance with the law, where there is any illegal act committed by one party concerned that needs to be handled in accordance with the law, a people's court may not approve the withdrawal or not accept the case as a nol pros.
Where the plaintiff applies for withdrawal of the action after the court's deliberation is finalized but the defendant does not agree, the people's court may not approve the application.

Article 239 Where a people's court approves the plaintiff in the action in chief to withdraw the action, it shall continually hear a counterclaim; where the defendant applies for withdrawal of the counterclaim, the people's court shall approve the application.

Article 240 Where a third party without independent claims refuses to appear in court without any justifiable reasons after being summoned to do so by the people's court or withdraws from a court session midway without the approval of the court, it will not affect the trial of the case.

Article 241 Where the defendant refuses to appear in court without any justifiable reasons after being summoned to do so or withdraws from a court session midway without the approval of the court, a people's court shall open a court session on schedule or continue the court session, and may render a default judgment in accordance with the law after hearing the claims of the parties concerned appearing in court, action and defence reasons of both parties concerned, evidence provided as well as other action materials.

Article 242 Where, after the pronouncement at first instance, the people's court of original instance discovers any adjudication error, and a party concerned files an appeal within the time limit for appeal, the people's court of original instance may forward opinions on the errors in the original judgment to the people's court of second instance, which shall hear the case in accordance with the procedure at second instance; if no party concerned files an appeal, the case shall be dealt with pursuant to the procedure for trial supervision.

Article 243 The trial time limit specified in Article 149 of the Civil Procedure Law shall be the period from the day of putting the case on file to the day when a judgment is pronounced or a mediation statement is served, excluding the period for announcement, examination by experts, reconciliation period of both parties concerned, and hearing of any objection to jurisdiction raised by a party concerned or dealing with a jurisdictional dispute raised between the people's courts dealing with the case.

Article 244 Where a judgment and ruling to permit an appeal are unable to be served on both parties concerned simultaneously, the period for appeal shall start from the day of their respective receipt of the judgment and ruling.

Article 245 The clerical errors specified in Item 7, Paragraph 1 of Article 154 of the Civil Procedure Law include incorrect writing and miscalculation of legal words, the omission or miscalculation of litigation costs and other clerical errors.

Article 246 If the reasons for suspension of proceedings disappear, the original ruling does not have to be revoked when the proceedings are resumed. From the moment when the people's court instructs, by issuing a notice, or permits both parties concerned to continue the legal proceedings, the ruling to suspend the proceedings shall become invalid.


Article 247 Where a party concerned files a lawsuit again concerning a matter under a filed lawsuit in the process of the lawsuit or after a judgment takes effect, and the following conditions are met, such lawsuit shall constitute a repeated lawsuit:
1. the parties concerned of the latter lawsuit and those of the former lawsuit are the same;
2. the subject matter of the latter lawsuit and that of the former lawsuit is the same; and
3. claims of the latter lawsuit and those of the former lawsuit are the same, or claims of the latter lawsuit essentially deny the judgment results of the former lawsuit.
Where a party concerned files a repeated lawsuit, a people's court shall not accept the lawsuit; where the people's court has accepted the lawsuit, it shall overrule the lawsuit, save as otherwise stipulated by laws and judicial interpretations.

Article 248 Where a party concerned files a lawsuit again due to any new fact after a judgment takes effect, a people's court shall accept the lawsuit in accordance with the law.

Article 249 Where any disputed civil rights and obligations are transferred in a lawsuit, the subject qualifications and status in the lawsuit of the parties concerned shall not be affected. The judgment and ruling made by a people's court and having taken effect shall be binding upon the transferee.
Where a transferee applies to participate in litigation in the capacity of a third party without independent claims, a people's court may approve the application. Where a transferee applies to replace a party concerned to undertake litigation, a people's court may decide whether to approve the application according to the concrete conditions of the case; where the people's court does not approve the application, it may add the transferee as a third party without independent claims.

Article 250 Where a people's court permits a transferee to replace a party concerned to undertake litigation in accordance with Article 249 of the Interpretation, it shall change the party concerned.
After the change of a party concerned, legal proceedings shall be continued with the transferee as a party concerned, and the original party concerned shall withdraw from the litigation. Procedural acts completed by the original party concerned shall be binding upon the transferee.

Article 251 For a case in which the judgment of first instance is revoked and the case is remanded for retrial at second instance, where a party concerned applies for a change or addition of any claims or files a counterclaim, or a third party brings forward any claims irrelevant to the case in question, a people's court shall handle it in accordance with Article 140 of the Civil Procedure Law.

Article 252 For a case in which the original judgment is revoked upon retrial and the case is remanded for retrial, where a party concerned applies for a change or addition of any claims or files a counterclaim, a people's court shall approve the application in any of the following circumstances:
1. a default judgment is made without lawful summoning at the original trial, affecting the exercise of litigation rights by a party concerned;
2. a new party concerned is added to the litigation;
3. the subject matter of litigation is lost or changed, making an original claim unable to be realized; and
4. the application by the party concerned for a change or addition of any claims or the counterclaim filed cannot be solved through another lawsuit.


Article 253 For a case with a judgment pronounced in court, unless a party concerned in court requires the written judgment to be sent by post, the people's court shall inform the party concerned or agent ad litem thereof of the time and place to obtain the written judgment and legal consequences of failure to obtain it on time. The aforesaid circumstance shall be written down in its records.

Article 254 Where a citizen, legal person or other organization applies to consult a judgment or ruling that has taken effect, such citizen, legal person or other organization shall make an application to the people's court that made such judgment or ruling. The application shall be made in writing with the concrete case number or the names of the parties concerned provided.

Article 255 A people's court shall handle applications for consulting judgments or rulings as follows depending on the following circumstances:
1. where the judgments or rulings have been announced to the public through an information network, the people's court shall guide the applicants to consult the same by themselves;
2. where the judgments or rulings are not announced to the public through an information network and the applications meet the relevant requirements, the people's court shall provide convenient consulting services in a timely manner;
3. where the judgments or rulings have not taken effect or have become invalid, the people's court shall not provide such judgments or rulings for consultation and inform the applicants of the same;
4. where the judgments or rulings have taken effect but were not made by the people's court itself, the people's court shall inform the applicants that the applicants may apply for consultation to the people's courts which made the valid judgments or rulings; and
5. where the content to be consulted as applied for involves any national secret, trade secret or individual privacy, the people's court shall not approve the applications and inform the applicants of the same.

XI. Summary Procedure

Article 256 For a simple civil case specified in Article 157 of the Civil Procedure Law, where the factual statements of the dispute of both parties concerned are basically consistent with each other, and the evidence they provide enables a people's court to identify the facts without investigation and collection of evidence, the facts are evident; where the bearer of obligations and the holder of rights are clearly defined, the rights and obligations are definite; where the parties concerned have no fundamental divergence on the facts, undertaking of liabilities and the subject matter of the case, the disputes are minor.

Article 257 The summary procedure shall not be applied to the following cases:
1. a case in which the defendant's whereabouts are unknown;
2. a case which is remanded for retrial;
3. a case with a party concerned consisting of numerous persons;
4. a case to which the procedure for trial supervision is applied;
5. a case which involves national interests and public interests;
6. a case in which a third party files a lawsuit to change or revoke any valid judgment, ruling or mediation statement; and
7. other cases unsuitable for the application of the summary procedure.


Article 258 As for a case to which the summary procedure is applied, where both parties concerned agree to continuous application of the summary procedure after expiration of the period of trial, the period of trial may be extended upon approval by the president of the people's court. The period of trial after extension shall not exceed six months cumulatively.
Where a people's court finds that a case is complicated and the summary procedure needs to be changed to the ordinary procedure for trial, the people's court shall make a ruling before expiration of the period of trial and inform both parties concerned of members of the collegiate bench and the relevant matters in writing.
Where the summary procedure is changed to the ordinary procedure for the trial of a case, the period of trial shall start from the date on which the people's court puts the case on file.


Article 259 Both parties concerned may apply to a people's court for a method of court session, and the people's court shall decide whether to approve the application. Upon the consent of both parties concerned, the people's court may open the court session by means of audio-visual technologies or otherwise.

Article 260 With regard to a case which has been tried as per the ordinary procedure, the case cannot be tried as per the summary procedure after the court session.

Article 261 With regard to a case to which the summary procedure is applied, a people's court may summon both parties concerned, notify witnesses and serve litigation documents other than judgments or rulings by convenient means of oral messages, calls, short messages, faxes, e-mails, or otherwise.
Where the receipt of a notice of court session served by convenient means is not confirmed by the parties concerned or no other evidence proves that the parties concerned have received such notice, a people's court shall not render a default judgment.
A case to which the summary procedure is applied shall be tried by a judge independently and recorded by a clerk.


Article 262 The judgment, ruling and mediation statement made by a people's tribunal shall be affixed with the official seal of the basic people's court which shall not be replaced by that of the people's tribunal.

Article 263 The following materials shall be contained in the file of a case to which the summary procedure is applied:
1. the statement of claim or records of an oral institution of an action;
2. the statement of defence or records of oral defence;
3. identity certifications of the parties concerned;
4. a power of attorney in the case of entrustment of an agent ad litem or records of oral entrustment;
5. evidence;
6. records of questioning of the parties concerned;
7. records of trial (including mediation);
8. judgment, ruling, mediation statement or mediation agreement;
9. records of service and announcement of judgment;
10. enforcement information;
11. receipt of litigation costs; and
12. written notice of application of the relevant procedure, where the trial is conducted in accordance with Article 162 of the Civil Procedure Law.

Article 264 Where both parties concerned agree to the application of the summary procedure in accordance with Paragraph 2 of Article 157 of the Civil Procedure Law, they shall bring forward this before the court session. If they bring forward this orally, it shall be written down in its records, which shall be confirmed by the signatures or fingerprints of both parties concerned.
Where the parties concerned agree to the application of the summary procedure to a case specified in Article 257 of the Interpretation, a people's court shall not approve the agreement.

Article 265 Where a plaintiff files a lawsuit orally, a people's court shall accurately write down in its records the basic information such as the name, gender, employer, domicile and contact information of the party concerned, claims, facts, reasons and so on, which shall be confirmed upon examination by the plaintiff by signature or fingerprint thereof. The people's court shall issue a receipt for evidence materials submitted by the party concerned.

Article 266 The period for adducing evidence of a case to which the summary procedure is applied may be determined by a people's court, or be agreed by the parties concerned upon negotiation and be approved by a people's court, but it shall not exceed 15 days. Where a defendant is required to file a written defence, the people's court may reasonably determine the period to file a defence with the consent thereof.
A people's court shall inform both parties concerned of the period for adducing evidence and the date of the hearing, and explain to the parties concerned the legal consequences of delay in adducing evidence and refusal to appear in court. Both parties concerned shall affix their signatures or fingerprints on records and the receipt of service of a summons for hearing.
If both parties concerned state that they do not need the period for adducing evidence or the period to file a defence, the people's court may immediately hold a hearing or set a date for the hearing.

Article 267 Preparations before trial may be made in a convenient way for a case to which the summary procedure is applied for trial.

Article 268 A people's court may give necessary explanations or descriptions of the relevant content such as withdrawal, self-admission and burden of proof to a party concerned that does not have an entrusted lawyer or grassroots legal service worker to serve as an agent ad litem, and properly prompt the party concerned to correctly exercise their litigation rights and fulfil the litigation obligations in the process of the court trial.

Article 269 Where a party concerned raises an objection to the application of the summary procedure to a case, and a people's court affirms upon examination that the objection is tenable, the people's court shall order the application of the ordinary procedure; if the objection is untenable, the people's court shall orally inform the party concerned of the same, which shall be written down in its records.
In the case of a change to the ordinary procedure, a people's court shall inform both parties concerned of the members of the collegiate bench and the relevant matters in writing.
Before a change to the ordinary procedure, evidence need not be adduced or cross-examined any more in relation to facts confirmed by both parties concerned.

Article 270 Regarding cases to which the summary procedure is applied for trial, a people's court may properly simplify the part of ascertained facts or judgment reasons in preparing a judgment, ruling or mediation statement in any of the following circumstances:
1. the parties concerned reach a mediation agreement and it is necessary to prepare a civil mediation statement;
2. a party concerned clearly admits all or part of the claims of the other party concerned;
3. where a party concerned requires the simplifying of the relevant content of a judgment or ruling of a case involving any trade secret or individual privacy, and the people's court believes that the relevant reasons are justifiable; and
4. both parties concerned agree to the simplification.

XII. Petty Lawsuit to Which the Summary Procedure Is Applied

Article 271 In trying petty lawsuits, a people's court shall follow the provision of Article 162 of the Civil Procedure Law that the first instance shall be final.

Article 272 The average annual salary of the employees of all provinces, autonomous regions and municipalities directly under the Central Government in the previous year as prescribed in Article 162 of the Civil Procedure Law refers to the published average annual salary of the employees of all provinces, autonomous regions and municipalities directly under the Central Government in the previous year. Before the publication of the average annual salary of the employees in the previous year, the published average annual salary of the employees in the most recent year shall prevail.

Article 273 A maritime court may try petty lawsuits on maritime affairs and maritime commerce. The subject amount of such lawsuits shall not exceed 30% of the average annual salary of the employees of all provinces, autonomous regions and municipalities directly under the Central Government in the previous year, where maritime courts or branches thereof accepting such lawsuits are located.

Article 274 The petty lawsuit procedure applies to the trial of the following cases on payment of money:
1. disputes over any sales contract, loan contract and lease contract;
2. disputes only over support payment, upbringing payment and maintenance payment in respect of the amount, time and method of payment, on the premise of a clear identity relationship;
3. disputes over damages for a traffic accident and other personal injuries in respect of the amount, time and method of payment, on the premise of clear liability;
4. disputes over contracts for the supply of water, electricity, gas and heating power;
5. disputes over any bank card;
6. disputes over labour contracts in respect of the amount, time and method of payment of labour remuneration, medical fees for work-related injury, economic compensation or indemnities, on the premise of a clear labour relationship;
7. disputes only over labour service contracts in respect of the amount, time and method of payment of remuneration for personal services, on the premise of a clear labour service relationship;
8. disputes over service contracts on properties, telecommunications or others; and
9. other disputes over payment of money.

Article 275 The petty lawsuit procedure does not apply to the trial of the following cases:
1. disputes over the verification of personal relations or property rights;
2. foreign-related civil disputes;
3. disputes over intellectual property rights;
4. disputes needing assessment and examination by experts or over objections to pretrial assessment or examination results; and
5. other disputes to which the rule that the first-instance decision shall be final does not apply.

Article 276 In trying a petty lawsuit, a people's court shall inform the parties concerned of the relevant matters such as trial organization, the rule that the first-instance decision shall be final, period of trial and payment standards of the litigation costs of such lawsuit.

Article 277 The period for adducing evidence of a petty lawsuit may be determined by a people's court, or be agreed by the parties concerned upon negotiation and then be approved by a people's court, but generally shall not exceed seven days.
Where a defendant is required to file a written defence, a people's court may reasonably determine the period to file a defence with the consent thereof, which shall not exceed 15 days.
If the parties concerned state that they do not need a period for adducing evidence or a period to file a defence in court, the people's court may immediately hold a hearing.

Article 278 Where a party concerned raises an objection to the jurisdiction over a petty lawsuit, a people's court shall make a ruling. The ruling shall come into force once made.

Article 279 Where a people's court finds that the conditions for the institution of an action as prescribed in Article 119 of the Civil Procedure Law are not met after accepting a petty lawsuit, it shall overrule the action. The ruling shall come into force once made.


Article 280 Where the conditions of a petty lawsuit are not met when a party concerned applies for addition or change of claims, files a counterclaim, adds a party concerned and so on, other provisions of the summary procedure shall be followed for the trial.
Where the ordinary procedure shall apply to the trial of a case specified in the preceding paragraph, the application of the ordinary procedure shall be ordered.
Before the application of other provisions of the summary procedure or the ordinary procedure, both parties concerned need not adduce evidence or cross-examine evidence again in relation to facts already confirmed by them.

Article 281 Where a party concerned objects to the trial being treated as a petty lawsuit, the party concerned shall raise an objection before the court session. If the objection is tenable upon examination by a people's court, other provisions of the summary procedure shall be applied to the trial; if the objection is untenable, the people's court shall inform the party concerned of the same, which shall be written down in its records.

Article 282 The judgment or ruling of a petty lawsuit may be simplified, and mainly records the basic information of the parties concerned, claims, main body of the judgment or ruling and other content.

Article 283 Where the trial of a petty lawsuit by a people's court is not covered herein, other provisions of the summary procedure shall be applied.

XIII. Public Interest Lawsuit

Article 284 Where organs and the relevant organizations stipulated by laws such as the Environmental Protection Law of the People's Republic of China and the Law of the People's Republic of China on the Protection of Consumer Rights and Interests file a public interest lawsuit against behaviour damaging public interests such as polluting the environment and infringing the legitimate rights and interests of numerous consumers in accordance with Article 55 of the Civil Procedure Law, and the following conditions are met, a people's court shall accept the lawsuit:
1. there is a definite defendant;
2. there is a concrete claim;
3. there is preliminary evidence on any damage to public interests; and
4. the lawsuit is within the scope of acceptance of civil lawsuits by the people's court and jurisdiction of the people's court with which the lawsuit is filed.


Article 285 A public interest lawsuit shall be under the intermediate people's court in the place of the tort or domicile of the defendant, save as otherwise stipulated by laws and judicial interpretations.
The public interest lawsuit filed against pollution of the marine environment shall come under the jurisdiction of a maritime court in the place of occurrence of the pollution, damage or pollution prevention measures.
Where a public interest lawsuit is filed with two or more people's courts against the same tort respectively, the lawsuit shall come under the jurisdiction of the people's court which puts the lawsuit on file first. When necessary, the common superior people's court of such people's courts shall designate jurisdiction.

Article 286 After accepting a public interest lawsuit, a people's court shall inform the relevant competent administrative department in writing within ten days.

Article 287 After a people's court accepts a public interest lawsuit, other organs and the relevant organizations, which can file a lawsuit in accordance with the law, may apply to the people's court to participate in the lawsuit before the court session. If it is approved, the people's court shall accept them as co-plaintiffs.

Article 288 The acceptance of a public interest lawsuit by a people's court does not affect the filing of a lawsuit by a victim of the same tort in accordance with Article 119 of the Civil Procedure Law.


Article 289 The parties concerned in a public interest lawsuit may reach a reconciliation, and a people's court may mediate between the parties concerned.
After the parties concerned enter into a reconciliation or mediation agreement, the people's court shall announce the reconciliation or mediation agreement. The announcement period shall be no less than 30 days.
Where the people's court believes upon examination that the reconciliation or mediation agreement does not violate public interests after expiration of the announcement period, it shall issue a mediation statement; where the reconciliation or mediation agreement violates public interests, it shall not issue a mediation statement, but shall continually try the case and make a judgment in accordance with the law.

Article 290 Where a defendant to a public interest lawsuit applies to withdraw the lawsuit after court deliberations, a people's court shall not approve the application.

Article 291 After the judgment of a public interest lawsuit comes into force, where other organs and the relevant organizations with plaintiff qualification file another lawsuit against the same tort, a people's court shall rule not to accept the lawsuit, save as otherwise stipulated by laws and judicial interpretations.

XIV. Lawsuit of a Third Party for Revocation

Article 292 Where a third party files a lawsuit for revocation of a judgment, ruling or mediation statement which has come into force, the third party shall file the lawsuit with the people's court which made the valid judgment, ruling or mediation statement within six months after the third party knows or should have known that the civil rights and interests thereof are damaged, and shall provide evidential materials regarding any of the following circumstances:
1. the third party does not participate in the lawsuit due to any cause other than the third party per se;
2. the judgment, ruling, or mediation statement which has come into force is partially or wholly incorrect; and
3. wrong content of the judgment, ruling or mediation statement which has come into force damages the civil rights and interests thereof.

Article 293 A people's court shall hand over the statement of claim and evidential materials to the other party concerned within five days after receiving the same, and the other party concerned may give written opinions within ten days after receiving the statement of claim.
A people's court shall examine the statement of claim and evidential materials submitted by a third party as well as written opinions of the other party concerned. When necessary, the people's court may question both parties concerned regarding the same.
If the conditions for the institution of an action are met upon examination, a people's court shall put the lawsuit on file within 30 days after receiving a statement of claim. If not, the people's court shall not accept the lawsuit within 30 days after receiving the statement of claim.


Article 294 As for the lawsuit of a third party for revocation, a people's court shall form a collegiate bench to hold a hearing.

Article 295 The "failure to participate in the lawsuit due to cause(s) other than such third party" as prescribed in Paragraph 3 of Article 56 of the Civil Procedure Law refers to the circumstances under which the third party is not identified as a party concerned in relation to a valid judgment, ruling or mediation statement, and does not have any fault or noticeable fault. Such circumstances include:
1. the third party does not participate in the lawsuit because he does not know about the lawsuit;
2. the application thereof for participation in the lawsuit is not approved;
3. the third party knows about the lawsuit but cannot participate in the same for an objective reason; and
4. the third party does not participate in litigation due to other cause(s) other than the third party per se.

Article 296 Part or whole of a judgment, ruling or mediation statement as prescribed in Paragraph 3 of Article 56 of the Civil Procedure Law refers to the main body of the judgment or ruling or results of resolution of civil rights and obligations of the parties concerned in the mediation statement.

Article 297 A people's court shall not accept the lawsuit of a third party filed for revocation of, or under the following circumstances:
1. the case to which the non-contentious procedure such as the special procedure, procedure for the recovery of debts, procedure for public invitation to assert claims or bankruptcy procedure is applied;
2. content related to an identity relationship in a judgment, ruling or mediation statement is about the invalidation of marriage, or revocation or cancellation of marital relationship;
3. a claimant who has not registered with the court as prescribed in Article 54 of the Civil Procedure Law files a lawsuit for revocation of a valid judgment or ruling of a lawsuit which the representative participates in; and
4. a victim of an act jeopardizing public interest as prescribed in Article 55 of the Civil Procedure Law files a lawsuit for the revocation of a valid judgment or ruling of a public interest lawsuit.

Article 298 Where a third party files a lawsuit for revocation, a people's court shall list the said third party as the plaintiff, the parties concerned of a valid judgment, ruling or mediation statement as defendants, and the third party without an independent claim that does not bear liability under a valid judgment, ruling or mediation statement as a third party.

Article 299 After receiving the lawsuit of a third party for revocation, where the plaintiff provides corresponding security and requests suspension of execution, a people's court shall approve the request.

Article 300 As for the request of a third party to partially or wholly revoke a valid judgment, ruling or mediation statement, a people's court shall handle it upon trial as follows, separately, depending on the following circumstances:
1. where the request is tenable and the claim for confirmation of civil rights of the third party is wholly or partially tenable, the wrong part of the original judgment, ruling or mediation statement shall be changed;
2. where the request is tenable but the claim for confirmation of civil rights of the third party is wholly or partially untenable or a request for confirmation of civil rights of the third party is not made, the wrong part of the original judgment, ruling or mediation statement shall be revoked; and
3. where the request is untenable, the claim shall be overruled.
In the case of objection to the judgment in the preceding paragraph, a party concerned may institute an appeal.
The part not changed or revoked of the original judgment, ruling or mediation statement shall be valid continuously.

Article 301 Where a people's court rules to retry a valid judgment, ruling or mediation statement within the period for trial of the lawsuit of a third party for revocation, the people's court accepting the lawsuit of a third party for revocation shall include the claim of the said third party in the retrial procedure. However, where there is evidence proving that the parties concerned in the original trial maliciously colluded to damage the legitimate rights and interests of the third party, the people's court shall try the lawsuit of the third party for revocation first, and suspend the retrial procedure.

Article 302 Where the claim of a third party is included in the retrial procedure for trial:
1. if the procedure at first instance is applied to the trial, a people's court shall try the claim of the third party simultaneously, and an appeal may be instituted against a judgment made thereby; and
2. if the procedure at second instance is applied to the trial, a people's court may mediate. If mediation fails, the people's court shall revoke the original judgment, ruling or mediation statement, and remand the lawsuit to the court of first instance for retrial with the third party listed.

Article 303 Where a valid judgment, ruling or mediation statement is not suspended after a third party files a lawsuit for revocation, the executive court shall examine the objection to execution raised by the third party in accordance with Article 227 of the Civil Procedure Law. Where the third party is dissatisfied with the ruling to overrule the objection to execution, and applies for retrial of the original judgment, ruling or mediation statement, a people's court shall not accept the application.
Where a party not involved in the case is dissatisfied with the ruling of the people's court to overrule the objection to execution, believes that incorrect content of the original judgment, ruling or mediation statement damages the legitimate rights and interests thereof and such party shall apply for retrial in accordance with Article 227 of the Civil Procedure Law, and therefore files a lawsuit of a third party for revocation, a people's court shall not accept the lawsuit.

XV. Lawsuit to Object to Execution

Article 304 According to Article 227 of the Civil Procedure Law, where a party not involved in the case or a party concerned is dissatisfied with the ruling on an objection to execution and files a lawsuit to object to execution with a people's court within 15 days after service of the ruling, the lawsuit shall come under the jurisdiction of the executive court.

Article 305 A party not involved in the case that files a lawsuit to object to execution shall conform to Article 119 of the Civil Procedure Law and meet the following conditions:
1. the application to object to execution of the party not involved in the case has been overruled by a people's court;
2. there is a definite claim for removal of the execution of the subject matter of execution, and the claim is irrelevant to the original judgment or ruling; and
3. the lawsuit is filed within 15 days from the date of service of ruling of the objection to execution.
A people's court shall decide whether to put the lawsuit on file within 15 days from the date of receiving the statement of claim.

Article 306 To file a lawsuit to object to execution, the party applying for execution shall conform to Article 119 of the Civil Procedure Law and meet the following conditions:
1. according to the application to object to execution of a party not involved in the case, a people's court suspends the execution in a ruling;
2. there is a definite claim for the continuous execution of the subject matter of execution, and the claim is irrelevant to the original judgment or ruling; and
3. the lawsuit is filed within 15 days from the date of service of ruling on the objection to execution.
A people's court shall decide whether to put the lawsuit on file within 15 days from the date of receiving the statement of claim.

Article 307 Where a party not involved in the case files a lawsuit to object to execution, the party applying for execution shall be the defendant. Where the party subject to execution opposes the objection of the party not involved in the case, the party subject to execution shall be a co-defendant; where the party subject to execution does not oppose the objection of the party not involved in the case, the party subject to execution may be identified as a third party.

Article 308 Where a party applying for execution files a lawsuit to object to execution, the party not involved in the case shall be the defendant. Where the party subject to execution opposes the claim of the party applying for execution, the party not involved in the case and the party subject to execution shall be co-defendants; where the party subject to execution does not oppose the claim of the party applying for execution, the party subject to execution may be identified as a third party.

Article 309 Where a party applying for execution does not file a lawsuit to object to execution against the execution suspension ruling but a party subject to execution files a lawsuit to object to execution, a people's court shall inform the party subject to execution that the party subject to execution shall file another lawsuit.

Article 310 A people's court shall apply the ordinary procedure to the trial of a lawsuit to object to execution.

Article 311 Where a party not involved in the case or a party applying for execution files a lawsuit to object to execution, the party not involved in the case shall bear the burden of proof for the civil rights and interests thereof sufficient to exempt such party from compulsory execution of the subject matter of execution.

Article 312 With regard to a lawsuit to object to execution filed by a party not involved in the case, upon trial, a people's court shall:
1. if the party not involved in the case enjoys civil rights and interests sufficient to exempt such party from compulsory execution of the subject matter of execution, not execute the said subject matter of execution; and
2. if the party not involved in the case does not enjoy civil rights and interests sufficient to exempt such party from compulsory execution of the subject matter of execution, overrule the claim.
Where the party not involved in the case makes a claim to confirm the rights thereof simultaneously, the people's court may make a consolidated judgment or ruling therefor.

Article 313 With regard to a lawsuit to object to execution filed by a party applying for execution, upon trial, a people's court shall:
1. if the party not involved in the case does not enjoy civil rights and interests sufficient to exempt such party from compulsory execution of the subject matter of execution, approve the execution of the said subject matter of execution; and
2. if the party not involved in the case enjoys civil rights and interests sufficient to exempt such party from compulsory execution of the subject matter of execution, overrule the claim.

Article 314 Where a people's court rules not to execute the subject matter of execution regarding the lawsuit to object to execution by a party not involved in the case, the ruling on the objection to execution shall become invalid.
Where a people's court approves the execution of the subject matter of execution regarding the lawsuit to object to execution by a party applying for execution, the ruling on the objection to execution shall become invalid, and the executive court may resume the execution upon the request of the party applying for execution or ex officio.

Article 315 Within the period of trial of the lawsuit to object to execution of a party not involved in the case, a people's court shall not dispose of the subject matter of execution. Where a party applying for execution requests the people's court to continue execution and provides corresponding security, the people's court shall approve the request.
Where a party subject to execution and a party not involved in the case maliciously collude to hinder execution via the objection to execution and a lawsuit to object to execution, a people's court shall handle it in accordance with Article 113 of the Civil Procedure Law. Where a party applying for execution suffers damage thereby, such party may file a lawsuit to require the party subject to execution and the party not involved in the case to compensate such party.

Article 316 Where a party applying for execution fails to file a lawsuit to object to execution within the period stipulated by the law after a people's court suspends the execution of the ruling on the subject matter of execution, the people's court shall remove the execution measure taken against the subject matter of execution within seven days from the date of expiration of the period of the lawsuit.

XVI. Procedure at Second Instance

Article 317 Where both parties concerned and any third party respectively institute an appeal, all of them are appellants. A people's court may determine ex officio the status in the lawsuit of the parties concerned in the procedure at second instance.

Article 318 The other party concerned as prescribed in Articles 166 and 167 of the Civil Procedure Law includes the appellee and other parties concerned in the original trial.

Article 319 Where one or more required co-litigants file an appeal petition, relevant matters shall be dealt with separately in any of the following ways:
1. if the appeal concerns only disputes over the allocation of rights and obligations with the other party concerned and involves no interest of other co-litigants, the other party concerned shall be the appellee and any co-litigant that does not institute an appeal shall have standing in the appeal as any such co-litigant does in the original action;
2. where the appeal concerns only disputes over the allocation of rights and obligations among the co-litigants and involves no interest of the other party concerned, any co-litigant that does not institute an appeal shall be the appellee and the other party concerned shall have standing in the appeal as the other party concerned does in the original action; and
3. where the appeal concerns any disputes over the allocation of rights and obligations between both parties concerned as well as among the co-litigants, any other party concerned that does not institute an appeal shall be the appellee.

Article 320 Where the judgment for a case is rendered in the proceedings at first instance or the judgment or ruling for the case is served, and a party concerned appeals orally, the people's court concerned shall inform the party concerned that the party concerned must file an appeal petition within the statutory period for appeal. Where the party concerned fails to file an appeal petition within such statutory period, it shall be deemed that the party concerned does not institute an appeal. Where the party concerned files an appeal petition but does not pay appeal costs within a prescribed period, the people's court will deem that the party concerned has automatically withdrawn the appeal.


Article 321 The statutory agent of any person without capacity for civil acts or with limited capacity for civil acts may institute an appeal on behalf of any such person.

Article 322 Where a party concerned in an appeal is dead or is terminated, a people's court shall notify the successor thereto in respect of rights and obligations that the successor shall participate in the litigation in accordance with the law.
If it is necessary to end the litigation, Article 151 of the Civil Procedure Law applies.

Article 323 The people's court of second instance shall try a case by focusing on the appeals of a party concerned.
Where the party concerned does not make a request, the people's court shall not hear the case, unless the judgment of first instance violates any prohibitive provision of the law, or damages national interests, public interests or the legitimate rights and interests of others.

Article 324 The people's court of second instance may make pretrial preparations for an appeal to be tried in accordance with Item 4 of Article 133 of the Civil Procedure Law.

Article 325 Any of the following circumstances may be affirmed as a serious violation of the statutory procedure as prescribed in Item 4, Paragraph 1 of Article 170 of the Civil Procedure Law:
1. the composition of a trial organization is illegal;
2. a judicial officer who shall withdraw from a case fails to do so;
3. no statutory agent acts on behalf of a person without capacity for civil acts; and
4. a party concerned is illegally deprived of the right thereof to debate.


Article 326 Where, for any claims that have been presented by any party concerned in the procedure at first instance, the people's court that originally hears the case fails to review and make a judgment for any such claims, the people's court of second instance may conduct mediation for the parties concerned on a voluntary basis and in the case of a failure in mediation, remand the case for retrial to the people's court that originally heard the case.

Article 327 Where any party concerned or a third party with an independent claim that must participate in litigation fails to do so in the procedure at first instance, the people's court of second instance may conduct mediation for the parties concerned on a voluntary basis and in the case of a failure in mediation, remand the case for retrial to the people's court that originally heard the case.

Article 328 Where, in the procedure at second instance, the plaintiff in the original case adds any independent claims or the defendant thereto files any counterclaims, the people's court of second instance may conduct mediation for both parties concerned on a voluntary basis with respect to such claims or counterclaims and, in the case of a failure in mediation, inform the parties concerned to file another lawsuit.
Where both parties concerned agree to the consolidated trial by the people's court of second instance, the people's court of second instance may make a consolidated judgment or ruling.

Article 329 Where, for a divorce case in which a judgment of a court of first instance disallows the divorce, and the people's court of second instance deems that a divorce judgment should be made, the people's court of second instance may, on a voluntary basis, conduct mediation for both parties concerned with respect to the divorce matter as well as childrearing and property issues and, in the case of a failure in mediation, remand the case for retrial to the people's court that originally heard the case.
Where both parties concerned agree to the consolidated trial by the people's court of second instance, the people's court of second instance may make a consolidated judgment or ruling.

Article 330 Where in hearing a case as per the procedure of second instance, the people's court of second instance deems that the case, as provided in the law, should not be accepted by any people's court, the people's court of second instance may directly revoke the original judgment or ruling and dismiss the case.

Article 331 Where a people's court tries a case as per the procedure at second instance, and believes that the acceptance of the case by the people's court of first instance violates the provision on exclusive jurisdiction, the people's court shall revoke the original judgment or ruling and transfer the case to a people's court of competent jurisdiction.

Article 332 Where the people's court of second instance finds that any non-acceptance ruling made by the people's court of first instance was erroneous, the people's court of second instance shall, while revoking any such ruling, instruct the people's court of first instance to accept and put the case on file; where the people's court of second instance finds that any dismissal ruling made by the people's court of first instance was erroneous, the people's court of second instance shall, while revoking any such ruling, instruct the people's court of first instance to hear the case in question.

Article 333 The people's court of second instance need not hold a hearing of the following appeals in accordance with Article 169 of the Civil Procedure Law:
1. any appeal in which a party concerned is dissatisfied with non-acceptance, objection to jurisdiction or the ruling to overrule the lawsuit;
2. any appeal in which claims brought forward by any party concerned are explicitly groundless;
3. any appeal in which findings of facts are clear in the original judgment or ruling but the application of law is erroneous; and
4. any appeal in which the original judgment is made in violation of any statutory procedure, and the case needs to be remanded for retrial to the court that originally tried the case.


Article 334 Where findings of facts in the original judgment or ruling or the application of law are or is defective but judgment or ruling results are correct, the people's court of second instance may uphold the original judgment or ruling in accordance with Item 1, Paragraph 1 of Article 170 of the Civil Procedure Law, after correcting the errors in the judgment or ruling.

Article 335 The fundamental facts as prescribed in Item 3, Paragraph 1 of Article 170 of the Civil Procedure Law refer to facts having a substantial impact on the results of the original judgment or ruling, which can be used to determine the subject qualifications of the parties concerned, case nature, civil rights and obligations, and so on.

Article 336 Where any legal person or other organization that is a party concerned is divided in the procedure at second instance, the people's court concerned may directly identify any legal persons or other organizations existing after the split-up as co-litigants; where any legal person or other organization that is a party concerned is combined in the procedure of second instance, the people's court may identify any legal person or other organization after such combination as a party concerned.

Article 337 Where in the procedure at second instance, a party concerned applies for withdrawal of an appeal, and a people's court believes that the judgment of first instance is indeed erroneous upon examination, or the parties concerned maliciously collude to damage national interests, public interests or the legitimate rights and interests of others, the people's court shall not approve the application.

Article 338 Where in the procedure at second instance, the plaintiff to the original case applies for withdrawal of an action, and the application has been agreed to by the other party concerned, and does not damage national interests, public interests or the legitimate rights and interests of others, a people's court may approve the application. Where the withdrawal of the action is approved, the people's court shall revoke the judgment or ruling of first instance.
Where the plaintiff to the original case files an action again after withdrawing the action in the procedure of second instance, the people's court shall not accept the action.

Article 339 Where the parties concerned reached a reconciliation agreement in the procedure at second instance, a people's court may, upon the request of both parties concerned, review such reconciliation agreement and make and serve a mediation statement on both parties concerned; where an application is filed to withdraw the case in question due to the conclusion of such a settlement agreement and the requirements for withdrawing a case are met after examination, the people's court shall consent to such application.

Article 340 The people's court of second instance may pronounce a judgment by itself or by the people's court that originally heard the case or the people's court at the domicile of a party concerned on its behalf.

Article 341 Where a people's court tries an appeal against a ruling, it shall make a final ruling within 30 days from the date when the case of second instance is put on file. Where the period of trial needs to be extended in a special circumstance, the extension shall be approved by the president of the people's court.

Article 342 The procedural acts conducted by a party concerned in the procedure of first instance shall still be binding upon the said party concerned in the procedure at second instance.
When a party concerned overturns any procedural act conducted thereby in the procedure of first instance, a people's court shall order the party concerned to explain the reasons therefor. If the reasons are groundless, the people's court shall not support the party concerned.

XVII. Special Procedure

Article 343 For a case involving the declaration of a person as missing or dead, a people's court may, upon the request of the applicant concerned, liquidate the property of such person whose whereabouts are unknown and designate an administrator for the property within the period of the trial of the case. Where the people's court delivers a judgment after the expiration of the public announcement period, declaring the person as missing, the people's court shall, in accordance with Paragraph 1 of Article 21 of the General Principles of the Civil Law, designate an administrator for the property of the missing person at the same time.

Article 344 Where, after an administrator for the property of a missing person is designated by a people's court, the administrator applies to be replaced, the case shall be heard by reference to the relevant provisions of the special procedure specified in the Civil Procedure Law. Where the application reasons are tenable, the people's court shall remove the applicant from the position of administrator and designate another administrator simultaneously; where the application reasons are untenable, the people's court shall dismiss such application.
Where any other interested party related to the missing person applies to replace the administrator, the people's court shall inform any such interested party that such party shall file an action against the administrator and hear the case as per the ordinary procedure.

Article 345 Where, after a citizen is declared by a people's court as missing, any interested party applies to the people's court for a declaration that the citizen is dead after four years have elapsed since the date following the one on which the citizen went missing, the people's court shall entertain the case, and the judgment that declares the citizen to be missing shall be the evidence that the citizen is missing, and a public announcement shall also be made in the hearing of the case in accordance with Article 185 of the Civil Procedure Law.

Article 346 Where several interested parties in conformity with the relevant legal provisions make an application for declaration that a person is missing or dead, such interested parties shall be identified as co-applicants.

Article 347 A public announcement in search of a person whose whereabouts are unknown shall record the following content:
1. the respondent shall declare the concrete address and contact information thereof to the court accepting the application within the prescribed period. Otherwise, the respondent will be declared missing or dead;
2. any person knowing the current living situation of the respondent shall report the situation that he knows to the court accepting the application within the public announcement period.

Article 348 Where an applicant withdraws the application after a people's court accepts the case of declaration of a person as missing or dead but before the people's court makes a judgment, the people's court shall rule to terminate the case, unless any other interested party in conformity with the relevant legal provisions joins the procedure and requires a continuous trial.

Article 349 Where any interested party related to any party concerned in a case alleges in the litigation that any such party concerned is mentally ill and requests that any such party concerned be declared as a person without capacity for civil acts or with limited capacity for civil acts, any such interested party shall file an application to a people's court, which shall accept and put the new case on file as per the special procedure, and the original litigation shall be suspended.

Article 350 For a case involving the determination of any property as ownerless, if any person presents a claim to any such property during the public announcement period, the people's court shall terminate the special procedure and inform the applicant to file another lawsuit and the ordinary procedure shall apply to such lawsuit.

Article 351 Any designated guardian who is dissatisfied with the designation shall raise an objection with a people's court within 30 days from the date on which the relevant notice is received. Where the people's court deems that the designation is appropriate upon hearing, the people's court shall dismiss the objection; where the designation is not appropriate, the people's court shall cancel the designation and designate another guardian at the same time. The judgment shall be served on the person raising an objection, the entity that originally makes the designation and the guardian designated in the judgment.

Article 352 As for a case concerning the application for identification of a citizen without capacity for civil acts or with limited capacity for civil acts, where the respondent does not have a close relative, a people's court may designate any other relative as the agent thereof. Where the respondent does not have a relative, the people's court may designate a close friend, who is willing to work as an agent and is approved by the employer of the respondent or the neighbourhood committee or villagers' committee in the domicile of the respondent, as the agent thereof.
Where there is no agent specified in the preceding paragraph, the employer of the respondent or the neighbourhood committee, villagers' committee or the authority of civil affairs in the domicile of the respondent shall work as the agent thereof.
There may be one agent or two agents in the same order.

Article 353 Both parties concerned shall make an application for judicial confirmation of a mediation agreement to the basic people's court or people's tribunal in the place where the mediation organization is located by themselves or by an agent in conformity with Article 58 of the Civil Procedure Law.

Article 354 Where two or more mediation organizations participate in mediation, all basic people's courts in the place where the mediation organizations are located shall have jurisdiction.
Both parties concerned may make an application to the basic people's court in the place where a mediation organization is located; where both parties concerned make an application to the basic people's courts in the places where two or more mediation organizations are located, the application shall come under the jurisdiction of the basic people's court which puts the application on file first.

Article 355 A party concerned may apply for judicial confirmation of a mediation agreement in writing or orally. Where the party concerned makes an application orally, a people's court shall write down the application in its records, to which the party concerned shall affix the signature, fingerprint or seal thereof.

Article 356 In applying for judicial confirmation of a mediation agreement, a party concerned shall submit to a people's court the mediation agreement, certification on a mediation organization presiding over mediation, certification on property rights related to the mediation agreement and other materials, and provide the basic information of both parties concerned such as the identity, domicile and contact information.
Where the party concerned fails to submit the aforesaid materials, the people's court shall require the party concerned to supplement them within a prescribed period.

Article 357 Where a party concerned applies for judicial confirmation of a mediation agreement in any of the following circumstances, a people's court shall rule not to accept the application:
1. the application is not within the scope of acceptance of the people's court;
2. the application is not under the jurisdiction of the people's court receiving the application;
3. the application is made for confirming the voidness, validity or cancellation of identity relationships such as marital relationship, parenthood and adoptive relationship;
4. the application shall be subject to other special procedure, procedure for public invitation to assert claims or bankruptcy procedure for trial; and
5. content of the mediation agreement involves the confirmation of real rights or intellectual property rights.
Where the people's court finds that there is any of the aforesaid non-acceptance circumstances after accepting an application, it shall dismiss the application of the party concerned.

Article 358 In examining the relevant conditions, a people's court shall notify both parties concerned that they shall verify the case at the site.
Where the people's court believes upon examination that any statement or any certification material made or provided by a party concerned is insufficient, incomplete or doubtful, it may require the party concerned to supplement the statement or certification material within a prescribed period. When necessary, the people's court may review the relevant conditions with any mediation organization.

Article 359 Where a party concerned withdraws an application before a ruling of confirmation of a mediation agreement is made, a people's court may approve the application.
Where a party concerned fails to supplement any statement or certification material within the prescribed period or refuses to receive inquiries without any justifiable reasons, a people's court may deem that the party concerned has withdrawn the application.

Article 360 Where a mediation agreement is involved in any of the following circumstances as found upon examination, a people's court shall dismiss the application:
1. the mediation agreement runs counter to any compulsory provision of the law;
2. the mediation agreement damages national interests, public interests or the legitimate rights and interests of others;
3. the mediation agreement goes against public order and good custom;
4. the mediation agreement breaches the principle of free will;
5. the content of the mediation agreement is unclear; and
6. the mediation agreement is involved in any other circumstance under which judicial confirmation cannot be conducted.

Article 361 The owners of real rights for security as prescribed in Article 196 of the Civil Procedure Law include mortgagees, pledgees and lienees; other parties with execution rights include mortgagers, pledgers and debtors or owners whose property is created with lien.

Article 362 Cases on the realization of the pledge of rights with documents of title such as bills, warehouse warrants and bills of lading may come under the jurisdiction of the people's court in the domicile of the holder of such documents of title; cases on the pledge of rights without documents of title shall come under the jurisdiction of the people's court in the place of registration of such pledge.

Article 363 Where cases on the realization of real rights for security come under the jurisdiction the specialized people's courts including maritime courts, such cases shall come under the jurisdiction of the specialized people's courts.

Article 364 Where there are several items of collateral for the same claim at different locations and an applicant applies to the people's courts of competent jurisdiction for realization of real rights for security respectively, the people's courts shall accept the applications in accordance with the law.

Article 365 According to Article 176 of the Real Rights Law of the People's Republic of China (hereinafter referred to as the "Real Rights Law"), where the secured claims involve both collateral and guarantor, and the parties concerned agree upon the order of realization of real rights for security, and the application for realization of real rights for security runs counter to the said agreement, a people's court shall not accept the application; where there is no such agreement or the agreement is unclear, the people's court shall accept the application.

Article 366 Where several real rights for security are set on the same property and the real right for security registered first has not been realized, the application of the owner of real rights for security in the latter sequence to a people's court for realization of real rights for security is not affected.

Article 367 The following materials shall be submitted for an application for realization of real rights for security:
1. application form, which shall record the basic information of the applicant and the respondent such as the name and contact information, concrete claims, facts and causes;
2. materials proving the existence of real rights for security, including master contract, guarantee contract, mortgage registration certification or certificate of other rights and documents of title of pledge of rights or pledge right registration certificate;
3. materials proving the satisfaction of conditions for real rights for security;
4. description of current conditions of secured property; and
5. other materials necessary to be submitted as deemed by a people's court.

Article 368 After accepting an application, a people's court shall serve the copy of the application form, notice of objection right and other documents on the respondent within five days.
Where the respondent is dissatisfied, the respondent shall raise an objection with the people's court within five days after receiving a notice from the people's court, and explain the reasons and provide corresponding evidential materials.

Article 369 A case on realization of real rights for security may be examined by a single judge. Where the subject amount of secured property goes beyond the scope under the jurisdiction of a basic people's court, a collegiate bench shall be formed for its examination.

Article 370 In examining a case on realization of real rights for security, a people's court may question the applicant, the respondent and interested party, and investigate the relevant facts ex officio when necessary.

Article 371 A people's court shall examine the conditions for realization of real rights for security such as the force, term and performance of the master contract, real rights for security effectively established or not, scope of secured property, scope of secured claims, and secured claims entering into a term of payment or not, as well as content as to whether the legitimate rights and interests of others have been damaged.
Where the respondent or an interested party raises an objection, the people's court shall examine the objections on a consolidated basis.

Article 372 After examination, a people's court shall:
1. where the parties concerned have no substantial dispute over the realization of real rights for security and conditions for realization of real rights for security are satisfied, approve the auction or sale of secured property;
2. where the parties concerned have a substantial dispute over the partial realization of real rights for security, approve the auction or sales of the undisputed part of secured property; and
3. where the parties concerned have a substantial dispute over the realization of real rights for security, dismiss the application and notify the applicant that the applicant shall file a lawsuit with the people's court.

Article 373 Where an applicant makes an application for preservation of secured property after a people's court accepts the application, the people's court may handle it in accordance with the provisions on preservation in litigation in the Civil Procedure Law.

Article 374 Where a party concerned or an interested party believes that a judgment or ruling made in the special procedure is wrong, the party concerned or the interested party may raise an objection with the people's court which made the said judgment or ruling. Where the people's court finds upon examination that the objection is tenable wholly or partially, it shall make a new judgment or dismiss or change the original judgment or ruling; where the objection is untenable, it shall dismiss the objection.
Where a party concerned is dissatisfied with the ruling made by a people's court on the confirmation of a mediation agreement or approval of realization of real rights for security, the party concerned shall raise an objection within 15 days from the date of receiving the ruling; where an interested party is dissatisfied, the interested party shall raise an objection within six months from the date when such party knows or should have known about the damage to the civil rights and interests thereof.

XVIII. Procedure for Trial Supervision

Article 375 Where a party dies or is terminated, its successor in rights and obligations may apply for a retrial under Articles 199 and 201 of the Civil Procedure Law.
Where a party assigns the claim affirmed by the judgment or mediation statement after such judgment or mediation statement enters into force, the application for a retrial by the assignee of a claim dissatisfied with such judgment or mediation statement shall not be accepted by the people's court.

Article 376 A party consisting of numerous persons as set forth in Article 199 of the Civil Procedure Law includes citizens, legal persons and other organizations.
A case where both parties thereto are citizens as set forth in Article 199 of the Civil Procedure Law refers to the case where both the plaintiff and the defendant are citizens.

Article 377 A party applying for a retrial shall submit the following materials:
1. retrial request, together with copies thereof according to the number of persons against whom the application is made and other parties to the original trial;
2. proof of identity: if the applicant for a retrial is a natural person the business licence, organization code certificate, or certificate of identity of the legal representative or principal responsible person; if the applicant for a retrial is a legal person or other organization, a power of attorney and proof of identity, if another person is authorized to file the application on its behalf;
3. judgment, written ruling or mediation statement of the original trial; and
4. main evidence and other materials that reflect the basic facts of the case.
The materials as provided in Items 2, 3 and 4 of the preceding paragraph may be photocopies verified as identical to the original.

Article 378 The retrial request shall specify:
1. the basic information of the applicant for a retrial and person against whom the application is made and other parties to the original trial;
2. the name of the people's court that originally tried the case, and docket number of the original trial judgment document;
3. specific claims for a retrial; and
4. the statutory situations and specific facts and reasons for the request of a retrial.
The retrial request shall specify that the people's court requested a retrial, and be signed, sealed or stamped by the applicant for a retrial.

Article 379 A case where one party consists of a large number of individuals or both parties thereto are citizens is admissible in the people's court that originally tried the case if the parties separately request the people's court that originally tried the case and the people's court at higher level for a retrial and cannot reach consensus.


Article 380 A party may not request a retrial in respect of a case which is tried by applying the special procedure, procedure for the recovery of debts, procedure for public invitation to assert claims, bankruptcy proceedings or other non-litigious proceedings.

Article 381 A party who believes that an inadmissibility or dismissal ruling which is legally effective is erroneous may request a retrial.

Article 382 Where a party requests a retrial in respect of the property division issues in a divorce case, the people's court shall review such request under Article 200 of the Civil Procedure Law if it involves the property that has been divided in the judgment, and shall order a retrial if the eligibility for a retrial is met; if it involves matrimonial community property which is not settled in the judgment, the party shall be instructed to file a separate suit.

Article 383 A retrial requested by a party is inadmissible in the people's court in any of the following circumstances:
1. where the retrial request is filed again after it is rejected;
2. where the request is made against the retrial judgment or ruling; or
3. where the request is filed again after the people's procuratorate makes a decision to not raise a procuratorial proposal for a retrial or file a protest in respect of such request.
For the circumstances specified in Items 1 and 2 in the preceding paragraph, the people's court shall inform such party that it may request the people's procuratorate for a procuratorial proposal for a retrial or for a protest, except for a judgment or ruling made in the retrial as a result of the procuratorial proposal for a retrial raised or the protest filed by the people's procuratorate.

Article 384 A party shall request a retrial of a mediation statement that has been legally effective within six months after the mediation statement becomes legally effective.

Article 385 The people's court shall give a notice of acceptance to the applicant for a retrial within 5 days from the date that the eligible retrial request and other materials have been received, and send the copies of notice of response, retrial request and other materials to the person against whom the application is made and other parties to the original trial.

Article 386 After the case of a request for a retrial is admitted by the people's court, the people's court shall review under Article 200, Article 201, Article 204 and other provisions of the Civil Procedure Law the grounds for a retrial as claimed by the party.

Article 387 Where new evidence submitted by the applicant for a retrial can establish that the finding of basic facts, or results rendered, in the original judgment or ruling was erroneous, the circumstances in Item 1 of Article 200 of the Civil Procedure Law shall be found in existence.
For evidence which complies with the preceding paragraph, the people's court shall order the applicant for a retrial to explain the reasons for its late submission of such evidence; in the case of refusal to explain the reasons or that the reasons given are not established, Paragraph 2, Article 65 of the Civil Procedure Law and Article 102 of this Interpretation will be applicable.

Article 388 The reasons for late submission of evidence can be found valid if the applicant for a retrial establishes that the new evidence submitted by it meets any of the following circumstances:
1. where such evidence already existed before the end of the original trial hearing, but was discovered only after the end of such hearing for objective reasons;
2. where such evidence was found before the end of the original trial hearing, but was not available for objective reasons or could not be submitted within the prescribed period; or
3. where such evidence came into existence after the end of the original trial hearing, and cannot be used as basis to file a separate suit.
Where the evidence submitted by the applicant for a retrial was already submitted at the original trial and was neither subject to cross-examination, nor used as a basis for any judgment or ruling, by the people's court that originally tried the case, the reasons for late submission are deemed to be valid, except that they are inadmissible in the people's court that originally tried the case under Article 65 of the Civil Procedure Law.

Article 389 Where a party refuses to express in the original trial the cross-examination comments on the main evidence for the finding of facts in the original judgment or ruling or does not express in the cross-examination process the cross-examination comments on the evidence, such circumstances do not fall within the meaning of "not cross-examined" set forth in Item 4, Article 200 of the Civil Procedure Law.

Article 390 The original judgment or ruling shall be found to be definitely erroneous in applying the law under Item 6, Article 200 of the Civil Procedure Law if the results of the judgment or ruling is definitely erroneous due to any of the following circumstances:
1. where the applicable law and the nature of the case are obviously inconsistent with each other;
2. where the determination of civil liability is obviously contrary to the agreement between the parties or the law;
3. where law that has expired or has not been implemented is applied;
4. where the retroactive provisions of law are violated;
5. where the applicable rules of law are violated; or
6. where it is obviously contrary to the legislative intent.

Article 391 A party's right to argue their case shall be denied under Item 9, Article 200 of the Civil Procedure Law in the case of any of the following circumstances in the original trial hearing:
1. where a party is not allowed to express arguments;
2. where a hearing should be held but is not held;
3. where a copy of the statement of claim or a copy of the appeal petition is served in violation of the law, thereby preventing a party from exercising the right to argue their case; or
4. where a party's right to argue their case is otherwise denied in violation of the law.

Article 392 The claims set forth in Item 11, Article 200 of the Civil Procedure Law include the claims of first instance and appeals of second instance, except that a party does not appeal from the first-instance judgment or ruling omitting or exceeding the claims.

Article 393 The legal instruments set forth in Item 12, Article 200 of the Civil Procedure Law include:
1. legally effective judgments, written rulings or mediation statements;
2. legally effective arbitral awards; and
3. notarized documents of obligation that are enforceable.

Article 394 The embezzlement, bribery, engagement in malpractice for personal benefits or rendering of a judgment that perverts the course of law by a member of the judicial officers in trying a case as set forth in Item 13, Article 200 of the Civil Procedure Law refers to an act which is affirmed by an effective criminal legal instrument or disciplinary decision.

Article 395 Where the reasons for a retrial as claimed by a party are established and the eligibility for a retrial as set forth in the Civil Procedure Law and this Interpretation is met, the people's court shall order a retrial.
Where the reasons for a retrial as claimed by a party are not established, or a party requests retrial beyond the statutory period for the request for a retrial, or the statutory scope of retrial is exceeded, or the eligibility for request for a retrial under the Civil Procedure Law and this Interpretation is otherwise not met, the people's court shall dismiss the request for a retrial.

Article 396 Where the people's court lawfully decides to retry a legally effective judgment, written ruling or mediation statement, such people's court shall also state in the retrial ruling that the original judgment, ruling or mediation statement are suspended if it is required to suspend the enforcement under Article 206 of the Civil Procedure Law; in the case of emergency, the ruling to suspend the enforcement may be given by verbal notice to the people's court responsible for the enforcement, and a ruling will be issued within 10 days after the notice.

Article 397 The people's court will, as required to review the case, decide whether or not to make inquiries of a party. Where new evidence could be used to overturn the original judgment or ruling, the people's court shall make inquiries with the parties.

Article 398 If the person against whom the application is made and other parties to the original trial lawfully file a request for a retrial during the period for review of a request for a retrial, the people's court shall list the same as the applicants for a retrial, review their reasons for a retrial together, with the period for review to be recalculated. If, upon review, the reasons for a retrial as claimed by one of the applicants for a retrial are established, a retrial shall be ordered. Where none of the reasons for a retrial as claimed by the applicants for a retrial are established, the request for a retrial shall be dismissed.

Article 399 Where the applicant for a retrial requests the people's court for entrustment of an expert examination or inquest during the review of a request for a retrial, the people's court will not grant permission.

Article 400 Where the applicant for a retrial withdraws the request during the review of the request for a retrial, the people's court will rule as to whether it is permitted to do so.
Where, upon being summoned, the applicant for a retrial refuses to accept inquiries without justified reasons, it may be treated as a withdrawal of the request for a retrial.

Article 401 It is prohibited for the applicant for a retrial to file a request for a retrial again after the people's court permits withdrawal of a request for a retrial or after it is treated as a withdrawal of the request for a retrial, except where such request is filed within 6 months from the date that it is known or ought to be known in the circumstances in Items 1, 3, 12 and 13 of Article 200 of the Civil Procedure Law.

Article 402 The review will be ruled to be terminated in the case of any of the following circumstances during the review of the request for a retrial:
1. where the applicant for a retrial dies or the applying party is terminated, having no successor in rights and obligations, or the request for a retrial is renounced by its successor in rights and obligations;
2. where, in the case of an action of performance, the person against whom the application is made and has the obligation of performance dies or is terminated, with no property available for enforcement and no person who shall assume such obligations;
3. where a settlement agreement is entered into between the parties and has been fulfilled, unless the parties declare in the settlement agreement that the right to request a retrial is not waived;
4. where another person requests a retrial in the name of the party without authorization;
5. where the people's court that originally tried the case or the people's court at higher level has ordered a retrial; or
6. where there are circumstances as set forth in Paragraph 1, Article 383 of this Interpretation.

Article 403 In a retrial case, the people's court shall form a collegial bench to hold hearings, except if it is tried in second-instance proceedings, there are special circumstances or both parties have otherwise fully expressed their opinions and agreed in writing to have no hearing.
A default judgment may be entered if the conditions thereof are met.

Article 404 In hearing a retrial case, the people's court shall do so respectively as follows:
1. in the case of a retrial upon a party's request, the hearing will start with a statement of the retrial request and reasons therefor by the applicant for a retrial, followed by a response by the person against whom the application is made and expressing of opinions by other parties to the original trial;
2. in the case of a retrial upon protest, the hearing will start with reading the motion of protest by the protest authority, followed by a statement by the protesting party and then a response by the person against whom the application is made and expressing of opinions by other parties to the original trial;
3. in the case of an ex officio retrial by the people's court with a complainant, the hearing will start with a statement of the retrial request and reasons therefor by the complainant, followed by a response by the complainant and expressing of opinions by other parties to the original trial; or
4. in the case of an ex officio retrial by the people's court with no complainant, the hearing will start with a statement by the plaintiff or appellant to the original trial, followed by expressing of opinions by other parties to the original trial.
For the circumstances under Item 1 to 3 of the preceding Paragraph, the people's court shall require the party to clarify their request for a retrial.

Article 405 The people's court shall try a retrial case by focusing on the request for a retrial. It is non-justiciable if the party's request for a retrial is beyond the claim in the original trial; the party will be informed that it may file a separate suit if the eligibility for a separate suit is met.
Where the person against whom the application is made and other parties to the original trial file a request for a retrial before the end of the court debate, the people's court shall try the case by joinder of actions if the requirements of Article 205 of the Civil Procedure Law are met.
Where the people's court, upon retrial, finds that a legally effective judgment or ruling harms national interests, public interests or the legitimate rights and interests of others, it shall try the case by joinder of actions.

Article 406 The retrial procedure may be ruled to be terminated in the case of any of the following circumstances during the retrial:
1. where the people's court permits the applicant for a retrial to withdraw the request for a retrial during the retrial;
2. where it is treated as a withdrawal of the request for a retrial because the applicant for a retrial, upon being summoned, refuses without proper cause to appear in court, or leaves the courtroom during the trial without the permission of the court;
3. where the people's procuratorate withdraws the protest; or
4. where there are circumstances as set forth in Item 1 to 4, Article 402 of this Interpretation.
For a case ordered to be retried upon a protest by the people's procuratorate, the people's court shall order termination of the retrial procedure if the party requesting a retrial falls within a circumstance set forth in the preceding paragraph provided that no harm is caused to the national interests, public interests or legitimate rights and interests of others.
Upon termination of the retrial procedure, the enforcement of the original effective judgment ruled by the people's court which has been suspended will be reinstated automatically.

Article 407 The original judgment or ruling shall be upheld if the people's court upon retrial holds that the facts are clearly ascertained and the law was correctly applied by such judgment or ruling; the original judgment or ruling shall be upheld after its flaw is corrected in the retrial judgment or ruling if the results are correct notwithstanding the flaws in ascertaining the facts or applying the law in the original judgment or ruling.
The original judgment or ruling shall be lawfully overturned, revoked or amended if the results are erroneous due to the original judgment or ruling incorrectly ascertaining the facts or application of the law.

Article 408 Where the people's court, upon trying a case retried by second-instance proceedings, holds that it does not meet the actionable conditions set forth in the Civil Procedure Law or it constitutes an inadmissible circumstance set forth in Article 124 of the Civil Procedure Law, the people's court shall revoke the first-instance and second-instance judgments and dismiss the suit.

Article 409 Upon ordering the retrial of a mediation statement, the people's court shall act respectively as follows:
1. the request for a retrial will be dismissed if the grounds submitted by the party for mediation violating the principle of voluntariness are not established provided that the content of the mediation statement does not violate the mandatory provisions of law;
2. the retrial procedure will be terminated if the grounds are untenable in the protest or procuratorial proposal for a retrial by the people's procuratorate regarding the claims that the national interests and public interests are harmed; or
Under the circumstances in the preceding paragraph, the enforcement will be resumed automatically if the people's court ruled that the enforcement of the mediation statement subject to suspension is required to be continued.

Article 410 The people's court may permit the plaintiff to withdraw its suit in the retrial procedure upon the consent of the other parties provided that no harm is caused to the national interests, public interests or legitimate rights and interests of others. The original judgment shall be revoked in conjunction with the ruling to grant the withdrawal.
Where the first-instance plaintiff files a suit again after its withdrawal in the retrial procedure, the people's court may not accept such suit.

Article 411 Where the new evidence submitted by a party overturns the retrial, the people's court shall support the claim by the person against whom the application is made and other parties to be compensated for their increase of necessary expenses, such as transportation, accommodation, meals and lost working time, as a result of failure to timely submit evidence in the original trial due to the fault of the applicant for a retrial or the party requesting procuratorial supervision.

Article 412 Where some of the parties appear in court and enter into a mediation agreement but no written statement is made by other parties, the people's court shall state such facts in the judgment; a mediation agreement the content of which does not violate the law and does no harm to the legitimate rights and interests of other parties may be affirmed in the main text of the judgment.

Article 413 A protest lawfully lodged by the people's procuratorate against a legally effective judgment, ruling or mediation statement causing harm to the national interests or public interests, or the procuratorial proposal for a retrial submitted upon a decision through discussion by the procuratorial committee of the people's procuratorate, shall be accepted by the people's court.

Article 414 A protest lawfully lodged by the people's procuratorate against a legally effective judgment or ruling of non-admission or dismissal, except for a judgment or ruling applicable to a special procedure, procedure for the recovery of debts, procedure for public invitation to assert claims or bankruptcy proceedings or on dissolution of marriage which is not applicable for the procedure for trial supervision, shall be admissible in the people's court.

Article 415 A protest lodged or procuratorial proposal for a retrial submitted by the people's procuratorate under Item 3, Paragraph 1, Article 209 of the Civil Procedure Law against a retrial judgment or ruling which is obviously erroneous shall be admissible in the people's court.

Article 416 A procuratorial proposal for a retrial submitted by a local people's procuratorate at all levels to the people's court at the same level upon the request of the parties against an effective judgment or ruling shall be admissible if it is eligible due to the following conditions:
1. the procuratorial proposal for a retrial and the request of the party to the original trial and relevant evidentiary materials have been submitted;
2. the subject under such proposal for a retrial is a judgment or ruling which may be retried under the Civil Procedure Law and this Interpretation;
3. the procuratorial proposal for a retrial specifies that such judgment or ruling falls within a circumstance set forth in Paragraph 2, Article 208 of the Civil Procedure Law;
4. there is a circumstance set forth under Items 1 and 2, Paragraph 1, Article 209 of the Civil Procedure Law; and
5. the procuratorial proposal for a retrial is decided through discussion by the procuratorial committee of the people's procuratorate.
If it does not meet the requirements of the preceding paragraph, the people's court may suggest the people's procuratorate to order rectification or withdrawal; if no rectification or withdrawal is carried out, the people's procuratorate shall be notified that it is inadmissible.

Article 417 Where a protest is lodged by the people's procuratorate upon the request of the parties against an effective judgment or ruling, the people's court shall, within 30 days, order a retrial if it is eligible for the following conditions:
1. the motion of protest and the request of the party to the original trial and relevant evidentiary materials have been submitted;
2. the subject under such protest is a judgment or ruling which may be retried under the Civil Procedure Law and this Interpretation;
3. the motion of protest specifies that such judgment or ruling falls within a circumstance set forth in Paragraph 1, Article 208 of the Civil Procedure Law; and
4. there is a circumstance as set forth under Items 1 and 2, Paragraph 1, Article 209 of the Civil Procedure Law;
If it does not meet the requirements of the preceding paragraph, the people's court may suggest the people's procuratorate to carry out rectification or withdrawal; if no rectification or withdrawal is carried out, it may be ruled inadmissible by the people's court.

Article 418 Where the people's procuratorate lodges a protest against an original judgment, ruling or mediation statement after the request for a retrial is dismissed by the superior people's court, the people's court which accepts the protest may refer the retrial to the people's court at lower level if the grounds for protest fall within one of the circumstances set forth in Item 1 to 5, Article 200 of the Civil Procedure Law.

Article 419 Upon receipt of a procuratorial proposal for a retrial, the people's court shall form a collegial bench to review the case within three months, and order a retrial under Article 198 of the Civil Procedure Law and notify the parties if it finds that the original judgment, ruling or mediation statement is definitely erroneous thereby requiring a retrial; a written reply shall be given to the people's procuratorate if it decides against a retrial upon review.

Article 420 The retrial of a case by the people's court due to the protest by the people's procuratorate or a procuratorial proposal shall not be affected by a ruling that has been previously rendered to dismiss the party's request for a retrial.

Article 421 When hearing a protest case, the people's court shall notify the people's procuratorate, the parties and other participants in the proceedings 3 days before the hearing. The people's procuratorate at the same level or the people's procuratorate which lodges the protest shall send officers to appear in court.
The facts investigated and verified with the parties or outsiders in the performance of legal supervision by the people's procuratorate shall be submitted and explained to the court, subject to cross-examination by both parties.

Article 422 Where a party which must participate in a joint action fails to participate in the suit for reasons not attributable to itself or its litigation agent, such party may, under Item 8, Article 200 of the Civil Procedure Law, request a retrial within 6 months from the date that it is known or ought to be known, unless there is a circumstance specified in Article 423 of this Interpretation.
Where the people's court orders a retrial upon the request of a party specified in the preceding paragraph, the same shall be added as a party to issue a new judgment or ruling if the retrial is to be conducted in the first-instance proceedings; the original judgment or ruling shall be revoked to remand the case for a retrial, and the same party shall be added as a party if no agreement is entered into upon mediation when the retrial is to be conducted in the second-instance proceedings.

Article 423 Subject to Article 227 of the Civil Procedure Law, an outsider may lodge a request for a retrial to the people's court which issues the original judgment, ruling or mediation statement within 6 months from the date that the ruling in respect of the challenge to enforcement is served, if such outsider is dissatisfied with the ruling in respect of the challenge to enforcement, believing that the original judgment, ruling or mediation statement is erroneous in content with prejudice to its civil rights and interests.

Article 424 Subject to Article 227 of the Civil Procedure Law, Paragraph 2, Article 422 of this Interpretation will apply to an outsider who is a necessary party to joint action if the people's court orders a retrial.
Where the outsider is not a necessary party to a joint action, the people's court will only hold a trial on the content of the original judgment, ruling or mediation statement which damages its civil rights and interests. If the request for a retrial is established upon trial, the original judgment, ruling or mediation statement will be revoked or amended; where the request for a retrial is not established, the original judgment, ruling or mediation statement will be upheld.

Article 425 Article 340 of this Interpretation is applicable to the procedure for trial supervision.

Article 426 A request lodged by a party for a retrial to the people's court that originally tried the case on the grounds set forth in Article 200 of the Civil Procedure Law against the judgment or ruling in a small claims case is admissible in the people's court. Where the grounds for request for a retrial are established, it shall order a retrial and form a collegial bench for trial. The parties may not appeal the retrial judgment or ruling issued.
A request lodged by a party to the people's court that originally tried the case on the ground that it shall not be tried as a small claims case shall be admissible in the people's court. Where the grounds are established, it shall order a retrial and form a collegial bench for trial. The parties may appeal the retrial judgment or ruling issued.


XIX. Procedure for the Recovery of Debts

Article 427 Where two or more people's courts have jurisdiction, the creditor may apply to one basic people's court among them for a payment order.
Where the creditor applies to two or more basic people's courts with competent jurisdiction for a payment order, the people's court that first dockets the case has jurisdiction over the case.

Article 428 Where the people's court believes that the request for payment order does not comply with the requirements upon receipt of the request from the creditor, it may notify the creditor to make a correction within the prescribed period. The people's court shall notify the creditor regarding admissibility within 5 days from the date of receipt of the corrected materials.

Article 429 The request by a creditor for a payment order shall be admissible in the basic people's court which will inform the creditor within 5 days upon receipt of the request for payment order, if the following conditions are met:
1. the payment of money or bills of exchange, promissory notes, cheques, stocks, bonds, treasury bills and negotiable certificates of deposit and other negotiable securities is requested;
2. the money or negotiable securities requested to be paid have fallen due in a definite amount and the facts and evidence on which the request is based are specified;
3. the creditor has no obligations to quid pro quo;
4. the debtor is in the country and not missing;
5. the payment order can be served on the debtor;
6. the people's court which receives the request shall have jurisdiction; and
7. the creditor does not request the people's court for pretrial preservation.
Where the requirements of the preceding paragraph are not met, the people's court shall inform the creditor, within 5 days after the receipt of a payment order, that the request is inadmissible.
The admission by a basic people's court of a payment order case is not limited by the debt amount.

Article 430 Upon admission in the people's court, the review will be conducted by a single judge. Upon review, the request will be dismissed in any of the following circumstances:
1. where the applicant is not qualified to be a party;
2. where no late payment interest or liquidated damages or compensation are agreed in the documentary proof of payment of money or negotiable securities, but the creditor insists on payment of interest or liquidated damages or compensation;
3. where money or negotiable securities requested to be paid are illegal proceeds; or
4. where the money or negotiable securities requested to be paid has not yet fallen due or has no definite amount.
Where, after its admission of the request for payment order, the people's court finds that such request is not eligible due to the conditions of admissibility set forth in this Interpretation, it shall dismiss such request within 15 days from the date of admission.

Article 431 Where the debtor refuses to receive the payment order served on itself, the payment order may be served by the people's court by leaving it at the residence of the debtor.

Article 432 The people's court shall terminate the procedure for the recovery of debts and the payment order which has been issued shall automatically become invalid, in any of the following circumstances:
1. the creditor files a suit in respect of the same debtor-creditor relationship after the people's court has admitted the request for payment order;
2. the debtor cannot be served within 30 days from the date that the people's court issues the payment order; or
3. the creditor withdraws the request prior to receipt by the debtor of the payment order.

Article 433 The validity of the payment order is not affected if the debtor files a suit in another people's court instead of a challenge in writing during the statutory period after the receipt of the payment order.
Where the debtor submits a challenge beyond the statutory period, the challenge is deemed not submitted.

Article 434 Where a creditor, based on the same debtor-creditor relationship, files a plurality of payment claims in the same request for payment order, the validity of other claims will not be affected if the debtor only challenges one or more of the claims.

Article 435 Where a creditor, based on the same debtor-creditor relationship, files payment claims to a plurality of debtors in respect of a divisible debt, the validity of other claims will not be affected if one or more of such debtors submit the challenge.

Article 436 The payment order issued to the principal debtor in respect of a secured debt is non-binding upon the surety.
Where the creditor separately files a suit in respect of the security, the payment order expires from the date on which the court admits the case.

Article 437 The challenge shall be held to be established and the procedure for the recovery of debts shall be ruled to be terminated with automatic invalidation of the payment order, if, upon a formality review, the challenge in writing filed by the debtor falls within any of the following circumstances:
1. where there is an inadmissible circumstance set forth in this Interpretation;
2. where there is a circumstance dismissible by a ruling set forth in this Interpretation;
3. where there is a circumstance set forth in this Interpretation which shall be subject to a ruling to terminate the procedure for the recovery of debts; or
4. where the people's court has reasonable doubt regarding whether the conditions to issue a payment order are met.

Article 438 Where the debtor does not challenge the debt itself, but only submits a challenge in respect of the insolvency, delay in debt repayment, change in debt repayment method and the validity of the payment order will not be affected.
The people's court will dismiss the challenge if it, upon review, believes that such challenge is not established.
The debtor's verbal challenge is invalid.

Article 439 A request by the debtor to withdraw their challenge shall be permitted before the people's court terminates the procedure for the recovery of debts or dismisses the challenge.
The rescission by the debtor of the withdrawal of a challenge is not supported by the people's court.

Article 440 Where a party to the request for payment order does not agree to file a suit after the payment order becomes invalid, it shall, within 7 days from the date of receipt of the ruling to terminate the procedure for the recovery of debts, inform the people's court that accepts the request.
The disagreement by a party to the request for a payment order to file a suit does not affect its filing of a suit in other competent people's courts.

Article 441 Where a party to a request for payment order fails to indicate to the people's court that accepts the request that it does not agree to file a suit within 7 days from the date of receipt of the ruling to terminate the procedure for the recovery of debts after the payment order becomes invalid, such party shall be deemed to have filed a suit in the people's court that accepts the request.
The time for the creditor to request the payment order is the time to file a suit in the people's court.

Article 442 During the period in which the creditor requests to enforce a payment order, Article 239 of the Civil Procedure Law is applicable.

Article 443 Where the president of a people's court finds that a legally effective payment order of the court is definitely erroneous, and believes that it needs to be revoked, he shall submit the same to the court's judicial committee for discussion to revoke the payment order and dismiss the creditor's request.

XX. Procedure for Public Invitation to Assert Claims

Article 444 For the purposes of Article 218 of the Civil Procedure Law, the term "instrument holder" refers to the last holder before the instrument is stolen, lost or destroyed.

Article 445 The people's court shall immediately conduct a review, and decide the admissibility, upon receipt of a request for public invitation to assert claims. Where it is held admissible, a notice for admission will be issued, and the payer will be notified to stop payment; where it is held inadmissible, a ruling to dismiss the request will be rendered within 7 days.

Article 446 Where a request for public invitation to assert claims is filed due to a lost instrument, the people's court shall decide the admissibility based on the instrument stubs, photocopies of the lost instrument, certificate by the drawer on the issuance of the instrument, proof of lawful acquisition by the applicant of the instrument, bank's notice of suspension of payment on the reporting of the lost instrument, proof of reporting to the police, and other evidence.

Article 447 A public announcement for admission of a request issued by the people's court under Article 219 of the Civil Procedure Law shall state:
1. the name of the applicant for public invitation to assert claims;
2. the type, number, face amount, drawer, endorser, holder, payment period and other matters of the instrument, as well as the type, number, scope of rights, obligee, obligor, vesting date and other matters of other documents of title eligible for a request for public invitation to assert claims;
3. the period to declare rights; and
4. legal consequences for failure by the interested party to declare the assignment of documents of title such as negotiable instruments during the public invitation.

Article 448 The public announcement shall be published in the relevant newspaper or other media, and published on the bulletin board of the people's court on the same day. If there is a stock exchange in the place where the people's court is situated, it shall also be released in such exchange on the same day.

Article 449 The public announcement period shall not be less than 60 days, and the expiry date of the period for public invitation to assert claims may not be earlier than 15 days after the instrument payment date.

Article 450 Where an interested party declares rights before the judgment is entered upon the expiry of the declaration period, Paragraphs 2 and 3, Article 221 of the Civil Procedure Law shall be applicable.

Article 451 Where an interested party declares rights, the people's court shall notify it to present the instrument to the court, and notify the applicant for public invitation to assert claims to check out such instrument within a specified period. Where the instrument subject to the public invitation to assert claims by the applicant is inconsistent with that presented by the interested party, the declaration shall be dismissed.

Article 452 Where no one declares rights during the declaration of rights, or the declaration is dismissed, the applicant shall, within 1 month from the expiry date of the period for public invitation to assert claims, request to enter judgment. If no request for judgment is filed within the period, the procedure for public invitation to assert claims will be terminated.
The applicant and the payer shall be notified if the procedure for public invitation to assert claims will be terminated.

Article 453 From the date of publication of the judgment, the applicant for public invitation to assert claims is entitled to request the payer to make payment based on the judgment.
Where the applicant files a suit in the people's court upon refusal by the payer to pay, the people's court shall accept the case if the actionable conditions set forth in Article 119 of the Civil Procedure Law are met.

Article 454 A case applying the procedure for public invitation to assert claims is triable by a single judge; a collegial bench shall be formed for the trial to invalidate a negotiable instrument.

Article 455 The applicant for public invitation to assert claims shall apply to withdraw the request before the public invitation to assert claims; where the request is withdrawn during the public invitation to assert claims, the people's court may directly terminate the procedure for public invitation to assert claims.

Article 456 The notification by the people's court to the payer to stop payment in accordance with Article 220 of the Civil Procedure Law shall be subject to the provisions relating to property preservation. Where the payer refuses to stop payment after it receives notification to stop payment, the payer shall nevertheless undertake the obligations to pay after the judgment in addition to coercive measures that may be taken under Articles 111 and 114 of the Civil Procedure Law.

Article 457 After the people's court terminates the procedure for public invitation to assert claims under 221 of the Civil Procedure Law, if the applicant for the procedure for public invitation to assert claims or declarer files a suit in the people's court, the people's court in the place where the instrument is paid or where the defendant's domicile is situated has jurisdiction if it is filed regarding a dispute over the rights of an instrument; if it is filed regarding a non-rights dispute, the people's court in the place where the defendant's domicile is situated has jurisdiction.

Article 458 The ruling to terminate the procedure for public invitation to assert claims issued under Article 221 of the Civil Procedure Law will be signed by the judge and the court clerk, and sealed with the seal of the people's court.

Article 459 Where an interested party files a suit in the people's court under Article 223 of the Civil Procedure Law, the people's court may apply the ordinary procedure for trial.

Article 460 The proper causes set forth in Article 223 of the Civil Procedure Law includes that:
1. it is impossible for the interested party to know the fact that there is a public announcement due to an accident or force majeure;
2. the interested party is restricted in his personal liberty from knowing the fact that there is a public announcement, or he is unable to declare rights by himself or by proxy although the fact that there is a public announcement is known to him.
3. there is no statutory circumstance for public invitation to assert claims;
4. the public announcement failed to be made or to be made in a statutorily prescribed way; and
5. other objective reasons that cause the interested party to fail to declare rights to the people's court right before the judgment.

Article 461 Where an interested party requests the people's court to revoke the judgment for invalidation of an instrument under 223 of the Civil Procedure Law, the applicant shall be listed as a defendant.
Where the interested party only claims to affirm itself to be the legitimate holder, the people's court shall state so in the judgment document and the judgment for invalidation of the instrument will be revoked immediately after the judgment affirming the interested party to be the rights holder of the instrument is entered.

XXI. Execution Procedure

Article 462 A legally effective ruling to effectuate security interests or ruling affirming a mediation agreement or payment order will be enforced by the people's court that enters the ruling or payment order or the people's court at the same level in the place where the property to be enforced is situated.
For a judgment concerning the determination of property as ownerless, the people's court that enters the judgment will nationalize the ownerless property or render it collectively owned.

Article 463 An effective legal instrument for the request by a party for enforcement by the people's court shall be subject to the following conditions:
1. the rights and obligations of the subject are clear; and
2. the content of performance is clear.
Where the legal instrument determines a continued performance of the contract, it shall clarify the specific content for the continued performance.

Article 464 Where an outsider challenges the subject matter of enforcement under Article 227 of the Civil Procedure Law, it shall submit the challenge before the termination of the enforcement procedure for subject matter.

Article 465 The challenge submitted by an outsider against the subject matter of enforcement shall, upon review, be respectively treated as follows:
1. where the outsider is not entitled to rights or interests in the subject matter which are sufficient to preclude the enforcement, the challenge will be dismissed; or
2. where the outsider is entitled to rights or interests in the subject matter which are sufficient to preclude the enforcement, the enforcement will be suspended.
The people's court shall not dispose of the subject matter of enforcement within 15 days after the date of service on the outsider of the ruling to dismiss the outsider's challenge to enforcement.

Article 466 The people's court may suspend or terminate enforcement if the applicant and the enforcee enter into a settlement agreement and thereafter request to suspend enforcement or withdraw the request for enforcement.

Article 467 Where a party fails to perform or to fully perform the settlement agreement voluntarily entered into by both sides in the enforcement, and the other party requests to enforce the original effective legal instrument, the people's court shall resume the enforcement, but the fulfilled part of the settlement agreement shall be excluded. Where the settlement agreement has been fulfilled, the people's court will not resume enforcement.

Article 468 For the request for resumption of the original effective legal instrument, the period for request of enforcement set forth in Article 239 of the Civil Procedure Law is applicable. Where the enforcement period is interrupted by the request for enforcement of settlement agreement entered into during enforcement, the period will be recalculated from the last date of the performance period as agreed in the settlement agreement.

Article 469 Where the people's court decides to suspend the enforcement under Article 231 of the Civil Procedure Law, the suspension period shall be consistent with the security period if the security has a duration, but it shall not exceed one year at maximum. Where the enforcee or the surety commits an act such as transfer, hiding, selling or destroying the secured property during the suspension period, the people's court may resume compulsory enforcement.

Article 470 Where a security for enforcement is provided to the people's court under Article 231 of the Civil Procedure Law, the enforcee or others may provide property security, or another surety may alternatively provide security. The surety shall have the ability to perform or be liable for compensation on behalf of others.
Where another person provides security for enforcement, it shall issue a guarantee to the court, and deliver a copy of the guarantee to the applicant. Where the enforcee or others provide property security, the corresponding formalities shall be handled by reference to the relevant provisions of the property law, security law and guarantee law.

Article 471 Where the enforcee fails to perform its obligations at the expiry of the suspended enforcement decided by the people's court, the people's court may directly enforce the security property, or enforce the surety's property, but the enforcement of the property of the surety shall be limited to the part of the property for which the surety shall fulfil its obligations.

Article 472 Subject to Article 232 of the Civil Procedure Law, the people's court may order the legal person or other organization after the change to be the enforcee if the legal person or other organization which is the enforcee is divided or merged during enforcement; if they are deregistered having a successor in rights and obligations under the relevant substantive law, such successor may be ruled to be the enforcee.

Article 473 Where another organization cannot perform during the enforcement the obligations determined in the legal instrument, the people's court may enforce the property of a legal person or citizen which is subject to obligations to such other organization.

Article 474 Where the name of the legal person or other organization which is the enforcee is changed during enforcement, the people's court may order the legal person or other organization after the change to be the enforcee.

Article 475 Where a citizen who is the enforcee dies and his inheritor does not give up the inheritance, the people's court may rule to change the enforcee and for such inheritor to repay the debts to the extent of the inheritance. Where the inheritor gives up the inheritance, the people's court may directly enforce the heritage of the enforcee.

Article 476 Where another legal instrument which is legally required to be enforced by the people's court is lawfully revoked by the relevant authority or organization after the enforcement is completed, Article 233 of the Civil Procedure Law is applicable at the request of a party.

Article 477 Where part of the matters under the award rendered by the arbitration body falls within a circumstance under Paragraphs 2 and 3 of Article 237 of the Civil Procedure Law, the people's court shall rule to not enforce that part.
Where the part which shall not be enforced is inseparable from other parts, the people's court shall rule to not enforce the arbitral award.

Article 478 Subject to Paragraphs 2 and 3, Article 237 of the Civil Procedure Law, the people's court shall not admit the challenge to enforcement or reconsideration filed by a party after the people's court rules to not enforce the arbitral award. The parties may re-enter into a written arbitration agreement in respect of such civil dispute to apply for arbitration, or may alternatively file a suit in the people's court.

Article 479 Where, during the enforcement, the enforcee by arbitration proceedings has a determination of ownership of, or divides with an outsider, the property sealed up, distrained or frozen by the people's court, the enforcement procedure by the people's court will not be affected.
Where the outsider is dissatisfied, it may submit a challenge under Article 227 of the Civil Procedure Law.

Article 480 The notarized document of obligation set forth under Paragraph 2, Article 238 of the Civil Procedure Law can be held to be definitely erroneous in any of the following circumstances:
1. where the notarized document of obligation is a credit instrument that shall not be granted the effectiveness of enforcement;
2. where the enforcee is not present at the notarization itself or by proxy or otherwise violates the notarial procedures set forth under the law;
3. where the content of a notarized document of obligation is not consistent with the facts or violates the mandatory provisions of the law; and
4. where the notarized document of obligation does not specify that the enforcee agrees to mandatory enforcement in the case of failure or incomplete fulfilment of obligations.
If the people's court determines that the enforcement of the said notarized document of obligation would be against the public interest, it shall deny enforcement.
After the enforcement of notarized document of obligation is denied, the parties and interested parties to the notary matters may file a suit in respect of the dispute over debts.

Article 481 Where a party concerned requests a court not to enforce an arbitral award or notarized instrument of a creditor's rights, such request shall be submitted to the enforcement court conducting the enforcement before the enforcement is terminated.

Article 482 A people's court shall issue an enforcement notice within ten days after receipt of an enforcement application or a letter of transfer for enforcement.
In addition to ordering the party subject to the enforcement to perform the obligations determined by a legal instrument, the court shall also notify the party of the payment for the interest for the delay of performance or the compensation for the delay of performance.

Article 483 Where an enforcement applicant applies to a people's court for enforcement exceeding the limitation period for enforcement applications, the people's court shall accept such application. Where the party subject to enforcement raises an objection to the limitation period for enforcement application, and the objection is established by the people's court after review, the people's court shall rule that the enforcement shall not be conducted.
Where a party subject to enforcement requests an enforcement correction on the ground of not knowing the expiry of the limitation period for enforcement applications after it performs all or part of the obligations, such request shall not be supported by the people's court.

Article 484 Where a party subject to enforcement, its legal representative, responsible person or actual controller who must be investigated and questioned refuses to be present in court without justified reasons after being summoned to court in accordance with the law, the people's court may summon such party to court by warrant.
The people's court shall investigate and question the party summoned to court by warrant in a timely manner, and the time of investigation and questioning shall not exceed eight hours; where detention measures may be taken in accordance with the law under complex circumstances, the time of investigation and questioning shall not exceed 24 hours.
When a people's court takes the measures of summoning by warrant outside its own jurisdiction, the party subject to summon by warrant may be summoned to a local people's court by warrant, and the local people's court shall provide assistance in this regard.

Article 485 A people's court has the right to inquire into the information concerning the identity and property of the party subject to enforcement, and entities and individuals possessing the relevant information shall assist in the enforcement in accordance with a notice on the assistance in enforcement.

Article 486 No property subject to enforcement may be disposed of by a people's court without being attached, seized or frozen. For bank deposits and other varieties of property which may be directly deducted or transferred, the ruling of a people's court on deducting or transferring such property shall have the legal effect of freezing thereof at the same time.

Article 487 The time limit for a people's court to freeze the bank deposits of a party subject to enforcement shall not exceed one year, while the time limit for the attachment and seizure of movable property shall not exceed two years, with that for the attachment of immovable property and freezing of other property rights not exceeding three years.
Where an enforcement applicant applies for an extension of the time limit, the people's court shall go through formalities for extending the time limit for the attachment, seizure or freezing of property prior to the expiry of the time limit therefor, with the extended period not exceeding the time limit as prescribed in the preceding paragraph.
A people's court may also go through formalities for extending the time limit for the attachment, seizure or freezing of property on its own initiative.


Article 488 According to the provisions of Article 247 of the Civil Procedure Law, where a people's court needs to sell the property of a party subject to enforcement at auction, such auction may be organized by the people's court itself or carried out by an auction institution with the corresponding qualifications.
Where an auction is carried out by an auction institution, such auction shall be supervised by a people's court.

Article 489 Where an auction appraisal requires on-site inspection or a survey, a people's court shall order the party subject to enforcement and parties with assistance obligations to cooperate in such inspection or survey. Where the party subject to enforcement and parties with assistance obligations fail to cooperate, the people's court may compulsorily carry out the inspection or survey.

Article 490 Where a people's court needs to sell the property of a party subject to enforcement in the course of enforcement, the property may be sold by the relevant entities, or directly by the people's court.
Neither the people's court nor its staff members may buy the property so sold.

Article 491 With the consent of an enforcement applicant and a party subject to enforcement, and without prejudice to the legitimate rights and interests of other creditors and the public interests of society, a people's court may directly fix a price for the property of the party subject to enforcement and deliver the property to the enforcement applicant for repayment of debts without selling the property at auction or selling it. For outstanding debts, the party subject to enforcement shall continue to make repayments.

Article 492 Where the property of a party subject to enforcement cannot be sold at auction or sold, a people's court may deliver the property to the enforcement applicant for repayment of debts or management of the property after fixing a price therefor; where the enforcement applicant refuses to take delivery of or manage the property, the property shall be returned to the party subject to enforcement.

Article 493 Where the subject matter of enforcement is sold at auction or is ruled to serve to offset the debt, the ownership of the subject matter shall be transferred at the time when the ruling on selling the subject matter at auction or the ruling on the subject matter serving to offset the debt is served on the buyer of the subject matter or the creditor who accepts the subject matter serving to offset the debt.

Article 494 Where the subject matter of enforcement is a specific object, the original object shall be subject to enforcement. Where such original object has indeed been damaged or lost, it may be reimbursed based on its estimated price with the consent of both parties involved.
Where both parties involved cannot reach consensus through consultation, the people's court shall terminate the enforcement procedure. The enforcement applicant may file a separate lawsuit.

Article 495 Where another person who possesses the property or ticket which is designated by a legal instrument to be delivered refuses to deliver the same after a people's court issues a notice on assistance in enforcement in accordance with the provisions in Paragraphs 2 and 3 of Article 249 of the Civil Procedure Law, the people's court may conduct enforcement in accordance with the provisions in Articles 114 and 115 of the Civil Procedure Law.
Where the property or ticket is damaged or lost in the period when another person possesses the same, enforcement shall be carried out with reference to the provisions in Article 494 of this Interpretation.
Where another person alleges that he/she legally possesses the property or ticket, an objection to the enforcement may be raised in accordance with the provisions in Article 227 of the Civil Procedure Law.

Article 496 Where a party subject to enforcement conceals property, accounting books and other materials in enforcement, in addition to imposing punishments on such party in accordance with Item 6, Paragraph 1 of Article 111 of the Civil Procedure Law, a people's court shall also order such party subject to enforcement to hand over the property, accounting books and other related materials. Where the party subject to enforcement refuses to hand over the property, accounting books and other related materials, the people's court may undertake search measures.

Article 497 Search officers shall be dressed as required and show the search warrant and their work credentials.

Article 498 When a people's court carries out a search, unrelated personnel shall be prohibited from entering the scene of the search; where a search object is a citizen, the party subject to enforcement or his adult family members and representatives of the grass-roots organization shall be notified to be present at the scene; where the search object is a legal person or other organization, its legal representative or primarily responsible person shall be notified to be present at the scene. The search shall not be affected in the case that the aforesaid parties refuse to be present.
Where a woman's body is searched, such search shall be carried out by a female enforcement officer.

Article 499 Where property against which the measure of attachment or seizure shall be taken is found in searches, such property shall be dealt with in accordance with the provisions in Paragraph 2 of Article 245 and Article 247 of the Civil Procedure Law.

Article 500 Searches shall be recorded in writing, which shall be signed, impressed or sealed by search officers, parties subject to the searches and others present at the scene. Where the aforesaid parties refuse to sign, impress or seal the written record, such refusal shall be recorded in the written record.

Article 501 Where a people's court enforces a matured claim of a party subject to enforcement against another person, the people's court may render a ruling on freezing such claim, and notify the other person of performing the obligations to the enforcement applicant.
Where the other party has an objection to the matured claim, and the enforcement applicant requests enforcement of the part of the claim to which the enforcement applicant raises an objection, such request shall not be supported by the people's court. Where an interested party has an objection to the matured claim, such objection shall be dealt with in accordance with the provisions of Article 227 of the Civil Procedure Law.
Where the other party denies the matured claim as determined by an effective legal instrument, such denial shall not be supported by the people's court.

Article 502 Where a people's court needs to go through the formalities for the transfer of real estate licences, land certificates, forestland certificates, patent certificates, trademark certificates, vehicle and vessel licences, and other related property right certificates, such formalities may be gone through in accordance with the provisions of Article 251 of the Civil Procedure Law.

Article 503 Where a party subject to enforcement does not perform the obligation of conduct as determined by an effective legal instrument, and such obligation may be performed by another person, a people's court may select a person who shall perform the obligation on behalf of the party subject to enforcement; where laws and administrative regulations place restrictions on the qualifications of the person who shall perform the obligation of conduct, such person shall be selected from persons with the relevant qualifications. When necessary, the person who shall perform the obligation on behalf of the party subject to enforcement shall be determined by way of public bidding.
An enforcement applicant may recommend a person from those who meet the conditions for performing the obligation on behalf of the party subject to enforcement, or apply to serve as the person who shall perform the obligation on behalf of the party subject to enforcement, and such recommendation or application is subject to the decision of a people's court.

Article 504 The amount of fees for the performance of the obligation on behalf of a party subject to enforcement shall be determined by a people's court according to the specific circumstances of a case, and such fees shall be paid in advance by the party subject to enforcement within a specified time limit. Where the party subject to enforcement fails to pay the fees in advance, the people's court may enforce the payment of such fees.
After the performance of the obligation on behalf of a party subject to enforcement, the party subject to enforcement may consult or copy the list of fees and the main vouchers.

Article 505 Where a party subject to enforcement does not perform the conduct specified by a legal instrument, and such conduct can only be performed by the party subject to enforcement, the people's court may impose punishments on such party in accordance with the provisions in Item 6, Paragraph 1 of Article 111 of the Civil Procedure Law.
Where a party subject to enforcement still does not perform the obligation within the performance period determined by a people's court, the people's court may impose punishments again in accordance with the provisions in Item 6, Paragraph 1 of Article 111 of the Civil Procedure Law.

Article 506 Where a party subject to enforcement delays performance, the interest incurred in the period during which the performance is delayed or the compensation for delayed performance shall be calculated from the date of expiry of the period of performance specified by a judgment, ruling or other legal instrument.

Article 507 Where a party subject to enforcement fails to perform its/his non-monetary payment obligation within the period specified by a judgment, ruling or other legal instrument, and whether it has caused losses to the enforcement applicant, it/he shall pay compensation for its/his delayed performance. Where losses have already been caused, the enforcement applicant shall be compensated twice the losses it/he has suffered; where no loss has been caused, the compensation for delayed performance may be determined by a people's court according to the specific circumstances of the case.

Article 508 Where other creditors of a party subject to enforcement who have obtained a basis for the enforcement find that the property of the party subject to enforcement cannot satisfy all creditors' claims after the enforcement procedure begins in a case where the party subject to enforcement is a citizen or other organization, they may apply to the people's court to participate in the distribution of the property.
Creditors who have preemptive rights or security interests over property which is attached, seized or frozen may directly apply to participate in the distribution of such property and claim their priority to compensation.

Article 509 To apply to participate in the distribution of property, an applicant shall submit an application form. The application form shall explicitly state the facts of and reasons for the participation in the distribution and the incapability of the party subject to enforcement to satisfy all creditors' claims, with the basis for enforcement attached.
An application to participate in the distribution of property shall be filed after the enforcement procedure begins and before the enforcement of the property of the party subject to enforcement ends.

Article 510 In the participation in the distribution of property subject to enforcement, the enforcement fees shall be firstly deducted from the proceeds from the enforcement of the property, and after the claims of creditors entitled to priority repayment are satisfied, the claims of ordinary creditors shall be satisfied according to the proportions of their claims in all the claims of creditors applying for participation in the distribution of property. The outstanding debts shall continue to be repaid by the party subject to enforcement after the repayment. Where creditors find that the party subject to enforcement has other property, the creditors may, at any time, request the court for enforcement in relation to such property.

Article 511 Where multiple creditors apply to participate in the distribution of property subject to enforcement, the enforcement court shall prepare a plan for the distribution of the property and serve such plan on each creditor and the party subject to enforcement. Where the creditors and the party subject to enforcement have objections to the distribution plan, they shall file written objections with the enforcement court within 15 days after receipt of the distribution plan.

Article 512 Where creditors or parties subject to enforcement raise written objections to the distribution plan, the creditors and parties subject to enforcement who fail to raise an objection shall be notified by the enforcement court.
Where the creditors and parties subject to enforcement who fail to raise an objection fail to raise an objection within 15 days after they are notified, the enforcement court shall distribute the property after reviewing and revising the distribution plan based on the opinions of the opponents; where the creditors and parties subject to enforcement raise objections, the opponents shall be notified. Opponents may, within 15 days after receipt of the notification, file a lawsuit against the creditors or parties subject to enforcement who raise written objections with the enforcement court; where the opponents fail to file a lawsuit within the prescribed time limit, the enforcement court shall distribute the property according to the original distribution plan.
Where the property subject to enforcement is distributed during the litigation, the enforcement court shall escrow the funds equivalent to the amount of the creditors' rights in question.

Article 513 In enforcement, where an enterprise legal person which serves as the party subject to enforcement falls under the circumstance as provided in Paragraph 1 of Article 2 of the Enterprise Bankruptcy Law, the enforcement court shall, with the consent of one of the enforcement applicants or the party subject to enforcement, suspend the enforcement against the party subject to enforcement, and transfer the relevant materials of the enforcement case to the people's court where the party subject to enforcement has its domicile.

Article 514 The people's court in the place where the party subject to enforcement has its domicile shall, within 30 days from the date of receipt of the relevant materials of the enforcement case, inform the enforcement court of its ruling on whether it shall accept the bankruptcy case. Where the bankruptcy case is not accepted, the relevant case materials shall be returned to the enforcement court.

Article 515 Where the people's court in the place where the party subject to enforcement has its domicile rules to accept the bankruptcy case, the enforcement court shall terminate the conservatory measures taken against the property of the party subject to enforcement. Where the people's court in the place where the party subject to enforcement has its domicile rules that the party subject to enforcement shall be declared bankrupt, the enforcement court shall terminate the enforcement against the party subject to enforcement.
Where the people's court in the place where the party subject to enforcement does not accept the bankruptcy case, the enforcement court shall resume its enforcement.

Article 516 Where the parties concerned do not agree to the transfer of a bankruptcy case or that the people's court in the place where the party subject to enforcement does not accept the bankruptcy case, the enforcement court shall firstly deduct the enforcement fees from the property gained from the enforcement and use such property to satisfy the claims of creditors entitled to priority repayment, and the claims of ordinary creditors shall be satisfied using property in the sequential order of property preserved, and property attached, seized or frozen in the enforcement.


Article 517 Where a creditor, in accordance with the provisions in Article 254 of the Civil Procedure Law, requests a people's court to continue enforcement, such request shall not be restricted by the time limit for applying for enforcement as provided in Article 239 of the Civil Procedure Law.

Article 518 Where a party subject to enforcement does not perform the obligations as determined by a legal instrument, a people's court may, in addition to imposing punishment on such party subject to enforcement, include such party in the list of parties who are subject to enforcement and have lost their credit according to the circumstances, and inform the party's employer, credit information service agencies and other related institutions of the information concerning the non-performance by the party subject to enforcement or its incomplete performance of his/its obligation.

Article 519 Where no property that may be enforced is found through property investigation, the enforcement court may terminate the enforcement procedure after such termination is confirmed and signed by the enforcement applicant or approved by the president of the court after the court forms a collegiate bench for review thereof.
Where the enforcement applicant finds that the party subject to enforcement has property that may be enforced after the enforcement is terminated in accordance with the provisions in the preceding paragraph, the applicant may apply for enforcement again. The second application for enforcement shall not be restricted by the time limit for an enforcement application.

Article 520 Where after enforcement is terminated due to withdrawal of an enforcement application a party concerned applies for enforcement again within the time limit for enforcement application as provided in Article 239 of the Civil Procedure Law, a people's court shall accept such application.

Article 521 Where within six months after the termination of enforcement a party subject to enforcement or another is found to have caused nuisance to the subject matter which has been enforced, a people's court may remove such nuisance upon application, and may impose punishments in accordance with the provisions in Article 111 of the Civil Procedure Law. Where the nuisance results in losses to enforcement creditors and others, the aggrieved parties may file separate lawsuits.

XXII. Special Provisions on Civil Actions Involving Foreign Parties

Article 522 A case which falls under any of the following circumstances shall be deemed a foreign-related civil case by a people's court:
1. a party or both parties involved in the case are foreigners, stateless persons, foreign enterprises or organizations;
2. a party or both parties involved in the case have their habitual residence outside the territory of the People's Republic of China;
3. the subject matter involved is outside the territory of the People's Republic of China;
4. the legal fact that establishes, changes or terminates the civil relation occurs outside the territory of the People's Republic of China; or
5. other circumstances under which a case may be deemed a foreign-related civil case.


Article 523 A foreigner shall submit his/her passport and other credentials proving his/her identity to a people's court to participate in a lawsuit.
Identity certificates submitted by a foreign enterprise or organization participating in a lawsuit shall be notarized by a notary organ in the country where the enterprise or organization is located and authenticated by the embassy or consulate of the People's Republic of China in the country, or the enterprise or organization shall go through the identity certification formalities as stipulated in the relevant treaty concluded by and between the People's Republic of China and the country.
The person participating in a lawsuit on behalf of a foreign enterprise or organization shall submit proof evidencing that he/she has the right to serve as the representative of the foreign enterprise or organization to participate in the lawsuit, and such proof shall be notarized by a notary organ in the country where the foreign enterprise or organization is located and authenticated by the embassy or consulate of the People's Republic of China in the country, or the person shall go through the identity certification formalities as stipulated in the relevant treaty concluded by and between the People's Republic of China and the country.
The "country where a foreign enterprise or organization is located" as mentioned herein refers to the country where the foreign enterprise or organization is registered for its establishment, or a third country where the business registration formalities are gone through.

Article 524 Where notarization and authentication formalities need to be gone through in accordance with the provisions in Article 264 of the Civil Procedure Law and Article 523 of this Interpretation, but the country where the foreign litigant is located has established diplomatic relations with the People's Republic of China, the relevant documents may be notarized by a notary organ of the country and authenticated by the embassy or consulate of a third country which has established diplomatic relations with the People's Republic of China in the country where the foreign litigant is located, and then transferred to the embassy or consulate of the People's Republic of China in that third country for authentication.

Article 525 Where the representative of a foreigner, foreign enterprise or organization signs a power of attorney witnessed by a judge of a people's court to entrust an agent to institute civil proceedings, the power of attorney shall be recognized by the people's court.

Article 526 Where the representative of a foreigner, foreign enterprise or organization signs a power of attorney within the territory of the People's Republic of China to entrust an agent to institute civil proceedings, and the power of attorney is notarized by a notary organ of the People's Republic of China, the power of attorney shall be recognized by the people's court.

Article 527 Where the written materials submitted by a litigant to a people's court are written in a foreign language, the litigant shall at the same time submit a copy of the Chinese translation of the materials to the people's court.
Where the litigants have an objection to the copy of the Chinese translation of the materials, they shall jointly entrust a translation agency to provide a translated text; and where the litigants cannot reach consensus on the choice of a translation agency, such translation agency shall be determined by the people's court.


Article 528 Foreign litigants in foreign-related civil proceedings may entrust their nationals to serve as their agents ad litem, or entrust lawyers of their home countries to serve as their non-lawyer agents ad litem; officers of embassies or consulates of foreign countries in China may, upon entrustment of the citizens of their home countries, serve as agents ad litem of such citizens on a personal basis, but they are not entitled to diplomatic or consular privileges and immunity in the proceedings.

Article 529 In foreign-related civil proceedings, when the litigant, a citizen of a foreign country, is not within the territory of the People's Republic of China, an officer of the embassy or consulate of the foreign country in China may, upon authorization of the embassy or consulate and in his/her capacity as a diplomatic representative, hire a lawyer of the People's Republic of China or a citizen of the People's Republic of China to represent the litigant in the civil proceedings.

Article 530 In foreign-related civil proceedings, where both parties involved reach an agreement upon mediation, a mediation agreement shall be prepared and issued. Where the parties involved request issuance of a judgment, a judgment may be prepared based on the agreement and served on the parties involved.

Article 531 Parties involved in disputes over foreign-related contracts or other property rights may conclude a written agreement on their choice of jurisdiction of a foreign court in the place which is actually associated with such disputes, such as the place where the defendant is domiciled, the place where a contract is performed, the place where a contract is signed, the place where the plaintiff is domiciled, the place where the subject matter is located, the place where the infringing act is committed, etc.
According to the provisions in Articles 33 and 266 of the Civil Procedure Law, for cases which are under the exclusive jurisdiction of a court of the People's Republic of China, the parties involved may not agree on the choice of jurisdiction of a foreign court, unless the parties agree on the choice of arbitration.


Article 532 Where a foreign-related civil case simultaneously meets all the following conditions, a people's court may rule to reject the lawsuit and instruct the parties to file the lawsuit with a foreign court which is more convenient:
1. the defendant raises a request that the case shall be under the jurisdiction of a foreign court which is more convenient, or raises an objection to the jurisdiction;
2. there is no agreement on the choice of jurisdiction of a court of the People's Republic of China between the parties involved;
3. the case is not under the exclusive jurisdiction of a court of the People's Republic of China;
4. the case does not involve the interests of the State, citizens, legal persons or other organizations of the People's Republic of China;
5. the major facts over which the case has disputes did not occur within the territory of the People's Republic of China, and the laws of the People's Republic of China are not applicable to the case, as well as there are significant difficulties in the determination of facts and application of laws; and
6. a foreign court has jurisdiction of the case, and it is more convenient for the foreign court to hear the case.

Article 533 Where both a court in the People's Republic of China and a foreign court have jurisdiction over a case, and a party involved files a lawsuit with the foreign court while the other party files a lawsuit with the court in the People's Republic of China, the people's court may accept the case. Where the foreign court or a party applies to the people's court for recognition and enforcement of the judgment and ruling of the case which is made by the foreign court after the people's court renders its judgment of the case, such application shall not be approved, unless it is otherwise provided in an international treaty jointly concluded or participated in by the foreign country and China.
Where the judgment or ruling of a foreign court has already been recognized by a people's court, and a party involved files a lawsuit for the same dispute with a people's court, the people's court shall not accept the case.

Article 534 After a people's court renders a default judgment in a case where a party concerned fails to respond to the lawsuit at the expiry of the period for service of litigation documents by way of public announcement, the people's court shall still serve the judgment on such party by way of public announcement in accordance with the provisions in Item 8 of Article 267 of the Civil Procedure Law. The judgment of first instance shall come into force 30 days after the expiry of three months from the date on which the judgment is served on the party concerned by way of public announcement if the party fails to institute an appeal within the time limit of 30 days.

Article 535 Where a foreigner, the representative or primarily responsible person of a foreign enterprise or organization is within the territory of the People's Republic of China, a people's court may serve the litigation documents on such natural person or the representative or primarily responsible person of the foreign enterprise or organization.
The primarily responsible person of a foreign enterprise or organization includes the directors, supervisors and senior managers of the enterprise or organization.

Article 536 Where the country where a person on whom litigation documents are served allows service by mail, a people's court may serve the litigation documents on such person by mail.
Proof of service shall be attached to the litigation documents in the service. Where the person on whom litigation documents are served fails to sign the proof of service to acknowledge receipt of the litigation documents but signs the return receipt, the litigation documents shall be deemed to have been served on such person, and the signing date shall be the date of service.
Where a people's court fails to receive any proof evidencing the service of the litigation documents within three months after the date on which the litigation documents are mailed, and it is insufficient to determine the service is effected based on various circumstances, the litigation documents shall be deemed to be unable to be served by mail.

Article 537 Where a people's court serves litigation documents on the parties concerned by way of public announcement in the trial of first instance, it may, in the trial of second instance, directly adopt the public announcement approach to serve the litigation documents on the parties concerned, unless the people's court can adopt other service approaches other than the public announcement approach.

Article 538 The time limit for instituting an appeal by a party concerned who is not satisfied with the judgment or ruling rendered by a people's court of first instance and has a domicile within the territory of the People's Republic of China shall be subject to the time limit as provided in Article 164 of the Civil Procedure Law; for a party concerned who does not have a domicile within the territory of the People's Republic of China, the time limit as provided in Article 269 of the Civil Procedure Law shall apply. Where all the parties concerned in a case fail to institute an appeal at the expiry of the time limits for instituting an appeal, the judgment or ruling rendered by the people's court of first instance shall be legally effective.

Article 539 The time limit for a people's court to review the application of a party concerned in a foreign-related civil case for a retrial is not subject to the provisions of Article 204 of the Civil Procedure Law.

Article 540 Where an applicant applies to a people's court for enforcement of an arbitral award rendered by a foreign-related arbitration institution in the People's Republic of China, the applicant shall submit a written application with the original arbitral award attached thereto. If the applicant is a foreign party involved in the case, the application shall be written in Chinese text.

Article 541 When a people's court enforces an arbitral award rendered by a foreign-related arbitration institution, and the party subject to enforcement raises a defence on the ground that the arbitral award falls under the circumstance as provided in Paragraph 1 of Article 274 of the Civil Procedure Law, the people's court shall review the defence of the party subject to enforcement and render its ruling on whether the arbitral award shall be enforced or not based on the findings of the review.

Article 542 Where a foreign-related arbitration institution of the People's Republic of China submits a preservation application of a party concerned to a people's court for its ruling on whether the application shall be approved in accordance with the provisions of Article 272 of the Civil Procedure Law, the people's court may review the application and rule on whether the preservation application shall be approved. Where the preservation is ruled to be approved, the preservation applicant shall be ordered to provide a guarantee, or the people's court shall rule to reject the application if the applicant fails to provide a guarantee.
Where a party concerned applies for evidence preservation, and the people's court deems it not necessary for the applicant to provide a guarantee, the applicant may not provide a guarantee.

Article 543 An applicant who applies to a people's court for recognition and enforcement of a legally effective judgment or ruling rendered by a foreign court shall submit an application with the original legally effective judgment or ruling or its authenticated counterpart and its Chinese translation attached thereto. Where the judgment or ruling rendered by the foreign court is a default judgment or ruling, the applicant shall at the same time submit proof evidencing that the foreign court has legally summoned the parties concerned to be present in court, unless it has already been explicitly explained in the judgment or ruling.
Where an international treaty concluded or participated in by the People's Republic of China contains provisions on the submission of documents, such provisions shall apply.

Article 544 Where a party concerned applies to a competent intermediate people's court in the People's Republic of China for recognition and enforcement of a judgment or ruling which is rendered by a foreign court and is legally effective, and the country where the court is located does not conclude or participate in any international treaty or has reciprocal relations with the People's Republic of China, the intermediate people's court shall reject such application, unless the party applies to the people's court for enforcement of a divorce judgment which is rendered by a foreign court and is legally effective.
Where an application for recognition and enforcement is rejected, a party concerned may file a lawsuit with a people's court.


Article 545 Where a party concerned applies to a people's court for recognition and enforcement of an arbitral award rendered by an ad hoc arbitration tribunal outside the territory of the People's Republic of China, such application shall be dealt with by the people's court in accordance with the provisions of Article 283 of the Civil Procedure Law.

Article 546 Where a legally effective judgment or ruling rendered by a foreign court or a foreign arbitral award needs to be enforced by a court in the People's Republic of China, a party concerned shall firstly apply to a people's court for the recognition of the judgment, ruling or arbitral award. After the people's court recognizes the same after review, the enforcement shall be carried out in accordance with the provisions in Division Three of the Civil Procedure Law.
Where the party concerned only applies for recognition without applying for enforcement at the same time, the people's court shall only review whether the judgment, ruling or arbitral award shall be recognized and make a ruling accordingly.

Article 547 The provisions of Article 239 of the Civil Procedure Law shall be applicable to the time limit for a party concerned to apply for recognition and enforcement of legally effective judgments or rulings rendered by foreign courts or foreign arbitral awards.
Where a party concerned only applies for recognition without applying for enforcement at the same time, the time limit for the enforcement application shall be re-calculated from the date when the ruling rendered by a people's court on the recognition application takes effect.

Article 548 A people's court shall form a collegiate bench to review cases of recognition and enforcement of legally effective judgments or rulings rendered by foreign courts or foreign arbitral awards.
A people's court shall serve an application form on the party against whom the application is filed. The party against whom the application is filed may state his opinions.
For a ruling rendered by a people's court after review, once it is served on the party concerned, it shall be legally effective.

Article 549 Where a court of a country which does not conclude a judicial assistance treaty or have reciprocal relations with the People's Republic of China directly requests judicial assistance from a people's court without pursuing diplomatic channels, the people's court shall reject such request with the reasons explained.

Article 550 Where a party involved uses a judgment or ruling of a court of the People's Republic of China outside the territory of the People's Republic of China and requests the court of the People's Republic of China to prove the legal effect of the judgment or ruling, or a foreign court requests the court of the People's Republic of China to prove the legal effect of the judgment or ruling, the court of the People's Republic of China which renders the judgment or ruling may issue a certificate to prove the legal effect of the judgment or ruling in its own name.

Article 551 A people's court may hear civil litigation cases involving the Hong Kong and Macau Special Administrative Regions and Taiwan with reference to the special provisions on the foreign-related civil procedures.

XXIII. Supplementary Provisions

Article 552 After this Interpretation is promulgated and comes into force, the Opinions on Several Issues concerning the Application of the Civil Procedure Law of the People's Republic of China issued by the Supreme People's Court on July 14, 1992 shall be simultaneously repealed; and judicial interpretation which was previously issued by the Supreme People's Court and was inconsistent with this Interpretation shall cease to be applicable.